Such lists shall be prepared from the best information Method of obtainable, and shall be sworn to by the person employed to preparation. make the same.

lists.

Such lists shall be retained, held, and used for the same pur- Uses of such poses, in the same manner, and with the same effect, as if they were extracts from valuation rolls delivered to the sheriff under this chapter. 46 V., c. 16, s. 16.

SECTION IV.

LISTS AND PANELS OF JURORS.

§ 1.-Lists of Jurors made by the Sheriff.

sheriff.

2633. Upon receipt of the extracts from the valuation rolls, Lists of jurors the sheriff of the district shall forthwith prepare two lists; the to be made by first containing the names of the grand jurors, the second the names of the petit jurors. 46 V., c. 16, s. 17; 48 V., c. 17, s. 5.

making lists.

2634. The grand and petit jury lists are made by the Method of sheriff successively inserting, in registers kept for that purpose, the name of the first person in every extract furnished to him, and afterwards the name of the second person, and so on in rotation till the names of all the persons appearing on each such extract are exhausted.

number of names in

others.

If the number of jurymen, appearing upon any of such Method if extracts, exceed the number appearing upon others, the sheriff shall successively take, from the more numerous extracts, a some extracts proportionate number of names, so that the jurors from each exceed that in municipality may be distributed throughout the whole lists in a manner corresponding, as far as practicable, to the proportion which the total number of jurors in such municipality bears to the total number of jurors on the list. 46 V., c. 16, s. 18.

tion of lists.

2635. The lists of jurors, so entered in the registers, are Authenticaauthenticated by the certificate and signature of the sheriff, and such lists shall not be altered in any manner whatsoever, except in the manner prescribed by this chapter. 46 V., c. 16, s. 19.

2636. These registers shall be kept in the sheriff's office, Deposit of and as soon as the grand jury list is prepared he shall give taining lists. registers connotice thereof to the prothonotary of the Superior Court, who Notice to proshall forthwith prepare a copy for the use of such court. 46 thonotary. V., c. 16, s. 20; 47 V., c. 11, s. 2.

2637. All persons shall, between the hours of nine in the List in promorning and four in the afternoon of every juridical day, have office open to thonotary's free access to the copies of the grand jury list, so deposited in free inspecthe office of the prothonotary, without being thereby liable to any fee or charge whatsoever. 46 V., c. 16, s. 21.

Revision of

2638. The lists of jurors are revised by the sheriff once a lists of jurors. year.

When.

Upon what based.

How effected.

Striking out certain names.

Adding new jurors.

Arrangement

Such revision shall be terminated as soon as possible, but not later than three months after the date of the reception of such lists.

It is based upon the information contained in tained from the municipalities under the law.

s. 6.

2639. Such revision is effected:

the lists ob

48 V., c. 17,

1. By drawing a line in ink through the name of each juror who has died or has removed his domicile from the municipality, or has become disqualified or exempt;

2. By adding to the jury lists the names and surnames in full, with the residence and occupation, of all persons indicated as new jurors in the supplements.

Such additional names shall be arranged and distributed on of additional the jury list, in the same manner as is herein provided for the distribution of the names of the jurors, entered in such list at the making thereof. 46 V., c. 16, s. 23; 48 V., c. 17, s. 7.

names.

Reason to be given for striking out

names.

Date, &c., if names

added, to be given. Certificate thereof.

Prothonotary to be notified.

His duty thereupon.

Powers of

tain cases to strike out

names.

2640. When any name is so struck out, the reason of so striking it out shall be written opposite such name and be initialed by the sheriff.

When any name is added, the date of such addition shall be written opposite such name or at the end of such names, if more than one be inserted on the same day; and such fact shall be certified by the sheriff with his signature, in the same manner as on the first completion of the registers containing the jury lists. 46 V., c. 16, s. 24.

2641. The sheriff shall, immediately after the revision of any jury list, notify the prothonotary of the Superior Court, who shall forthwith correct the copy in his possession, so as to make it conform to the jury lists so revised, and such corrections shall be certified by the sheriff. 46 V., c. 16, s. 25.

2642. If it be established to the satisfaction of the sheriff, sheriff in cer- by affidavit in writing, to be deposited with him, that the name of any person, who is disqualified or exempt, has been erroneously inserted in the extract or supplement delivered to him or that a juror has died or removed his domicile from the municipality, or has become disqualified or exempt, he shall strike such name from the list, and note the reason therefor opposite therefor to be the name of the juror, in one of the columns left for that purinitial the same, and give notice thereof to the clerk or notices to be pose, secretary-treasurer, who shall make the same changes in the duplicate of the list or supplement in his possession. 46 V., c. 16, s. 26.

Reasons

entered, and

given, &c.

court in cer

2643. Upon any complaint with notice to the party inter- Powers of ested, and proof that in making a jury list the name of any coin cases to person not qualified to serve as a juror, or disqualified or correct lists. exempt, has been inserted therein, or that the name of any person, fit and qualified to serve as such, has been omitted therefrom, or that such list has not been made in the manner by this chapter directed, the court, or a judge thereof in vacation, may order the name of such unqualified or exempted person to be struck out of such list, or the name of any person, qualified to serve as a juror, to be inserted therein, or the list to be made over again or corrected, as the case may be.

In such case the court or judge may make such order as to Costs. the cost of correcting or making anew such list, as may, in its discretion, appear just. 46 V., c. 16, s. 27.

&c., in cer

2644. If the lists of jurors, which the sheriff is required to Court may make, revise, or renew, be not made, revised, or renewed, in the order lists, &c., to be promanner and within the period hereinbefore fixed, then as soon pared, revised as the fact is made known, by the Attorney-General, clerk of or renewed, the peace, or clerk of the Crown, to the court for the district, tain cases. or to any judge thereof in vacation, the court or judge shall order the sheriff of such district to make, revise, or renew such list of jurors, and shall, by such order, fix a period within which such lists shall be made, revised or renewed; the old Validity of lists remaining in force until the new ones are completed or old lists. revised. 46 V., c. 16, s. 28.

lists made

2645. The lists made, revised, or renewed under any such Validity of order, shall then be of the same force and effect as if originally under judge's made within the time prescribed by law, and shall remain in order. force as if they had been so made; but nothing herein contained shall relieve the sheriff from any penalty or liability incurred by his default to make, revise or renew such lists as prescribed by law. 46 V., c. 16, s. 29.

to make new

2646. If, at any time, the registers, containing a jury list, Court may become defaced or filled up, or if the corrections or alterations order sheriff become so numerous as to render the said list illegible, the lists in cercourt sitting in the district, or a judge thereof in vacation, on tain cases. a representation to that effect made by the sheriff, or in its own discretion, may order the sheriff to make a new jury list instead of revising the lists contained in the registers so defaced, filled up, or rendered illegible. 46 V., c. 16, s. 30.

2647. Upon such order, the sheriff prepares such new lists How sheriff in conformity with the law and in accordance with the infor- shall proceed. mation contained in the extracts furnished to him; and the Validity of old lists remain in force until the completion of the new ones. old lists in 48 V., c. 17, s. 8.

such cases.

Manner of preparing panels by sheriff.

Idem, in Que

treal and in

in certain

cases.

§3.-Panel of Jurors.

2648. In making any panel of grand or petit jurors, the sheriff of the district begins with the first name upon the register, when such register is newly made, and thereafter with the first name following that of the last juror already summoned. 46 V., c. 16, s. 32.

2649. In the districts of Quebec and Montreal, and in any bec and Mon- district in which the sheriff is required to summon an equal other districts number of persons speaking the French language and of persons speaking the English language, he shall, in making the panel of grand or petit jurors, begin by entering the first French name or the first English name on the register, and afterwards the first French name or the first English name immediately following the last French name or the last English name of the jurors last summoned. 46 V., c. 16, s. 33.

are made in

and Montreal,

&c.

How panels of 2650. Except in the districts of Quebec and Montreal, and grand jurors in other districts in which juries, one half speaking the French districts other language and one half speaking the English language, are or than Quebec shall be permitted by law, the panel of grand jurors, to be summoned for any term of the Court of Queen's Bench, or for any session of the court of general sessions of the peace, in any district, shall be made from the grand jury list then in force in such districts by taking therefrom the names of twentyfour persons in turn, following uninterruptedly and successively the order of the lists, commencing as provided in and by the two preceding articles, and so on successively until the number on the lists has been entirely gone through, and then beginning again and going through in like manner. 46 V., c. 16, s. 34.

How panels

are made in districts,

other than

Quebec and

for

2651. Except in the districts of Quebec and Montreal, and of petit jurors in the other districts in which juries, one half speaking the French language and one half speaking the English language, are or shall be permitted by law, the panel of petit jurors, to Montreal, &c. be summoned for any term of the Court of Queen's Bench, or any session of the court of general sessions of the peace, shall be taken from the petit jury list then in force, by taking therefrom the names of forty persons in turn, following the order of the lists, commencing as provided in articles 2648 and 2649, and so on successively, until the number on the lists has been entirely gone through, and then beginning again and going through in like manner. 46 V., c. 16, s. 35.

Number of grand and

petit jurors to

2652. In the districts of Quebec and Montreal there shall be twenty-four grand jurors and sixty petit jurors summoned be summoned to serve before any court holding criminal jurisdiction, one in Quebec half of whom shall be composed of persons speaking the French language and the other half of persons speaking the English language.

and Montreal.

Such persons are taken by the sheriff from the lists of grand In what order jurors and petit jurors respectively, in the order in which the taken. names of each class appear therein, commencing as provided by this chapter for the making of panels of grand and petit jurors, respectively.

The provisions of this article may be extended to any other Application district, by an order of the Lieutenant-Governor in Council, of this article. upon the presentment of the grand jury of such district, approved by the presiding judge, declaring the expediency of such extension. 46 V., c. 16, s. 36.

ordered on application.

2653. In districts other than those of Quebec and Montreal Summoning and in those which the provisions of the preceding article are medietate of jury de made to apply, when application for a jury de medietate linguæ linguæ to be is made to the judge of the district in which the court is to sit, the court may, if it deem it expedient, authorize the sheriff of the district to summon a petit jury composed one half of persons speaking the French language and one half of persons speaking the English language.

Such summoning shall be made in the manner required by paragraph 3 of article 2660. 47 V., c. 11, s. 3.

Method of summoning such jury.

2654. If the sheriff or prothonotary be required by this Insertion in chapter or by any order made thereunder, to insert, in any cial qualificapanel of spepanel of any kind, the names of persons possessing any spe- tion. cial qualification, either of language or occupation, such qualification shall be by him inserted on the panel, opposite the name of such juror; such designation or qualification shall be primâ facie evidence of the possession of such qualification by the juror opposite whose name it is placed. 46 V., c. 16, s. 37.

cated to any

into court.

2655. Neither the grand jury panel, nor the petit jury Panels not to panel, nor the name of any person on such panel, shall be com- be communimunicated, either verbally or otherwise, by the sheriff, his one before bebailiffs or other employees, to any person or persons whomso- ing returned ever, until after such panel is returned into court; nor shall such panels or the registers containing the jury lists be inspected by, or communicated to any person, except by the sheriff or his employees, and the prothonotary for the purposes of article 2636, unless upon a special order of the court or judge. 46 V., c. 16, s. 38.

2656. In every district, except the districts of Quebec and Except in Montreal, the clerk of the Crown, or the clerk of the Quebec and peace, as Montreal, the the case may be, before giving instructions to the sheriff to list of criminsummon persons to serve as grand or petit jurors, shall trans- al cases to be