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serve as Jurors.

Revenue Department; all licensed schoolmasters; all gaolers, No. 1. supervisors, constables, and nightly guardmen; the Crown Sur- Ord. No. 3, veyor or Crown Commissioner, or the Assistant Crown Commis- 1853. sioner for these islands; and all lighthouse keepers and pilots actually employed as such, shall be, and are hereby absolutely freed and exempted from being returned, and from serving upon juries.

III. That no person, not being a natural-born subject of Her Persons disquaMajesty, or a foreigner duly naturalized, is or shall be qualified to lified to serve on

Juries. serve on juries, except only in the cases hereinafter expressly provided for; and no man, who hath or shall be attainted of any treason or felony, or convicted of any crime that is infamous, unless he shall have obtained a free pardon, nor any lunatic or idiot, is or shall be qualified to serve on juries, on any occasion whatsoever; Provided, however, that after verdict in any cause, criminal or civil, the verdict shall not be set aside, or avoided by reason of any disqualification as aforesaid, in any juror or jurors not previously challenged or objected to, on account of such disqualification.

IV. That the Clerk of the Crown for these islands, shall, on or Clerk of the before the first day of June in every year, issue and deliver a pre

Crown to precept to each of the parties hereinafter named and appointed, to pare Precept prepare the jury lists, requiring them to make out and prepare lists of persons such lists in manner hereinafter required; such precept to be ac- qualified to cording to the form in the Schedule annexed marked (A).

V. That from henceforth it shall be the duty of the chief constable at Grand Turk, under the supervision of the police or acting police magistrate, to prepare and make up the annual list of persons qualified to serve as jurors resident at Grand Turk; and for the stipendiary constable at Salt Cay, under the direction of the assistant police magistrate then residing at the said Cay, to prepare and make up the annual list of persons qualified to serve as jurors resident at Salt Cay.

VI. That every such list shall be made out in alphabetical order, List of persons and shall contain the name of every man residing within the said qualified to be cays, who shall be qualified, and liable respectively, to serve on

published. juries as aforesaid, with the christian and surname written at full length, and the nature of the qualification, of every such man, in the proper columns of the form of return set forth in the Schedule hereunto annexed marked (B).

VII. That it shall be the duty of the police magistrate at Grand Duty of Police Turk, and of the assistant police magistrate at Salt Cay, to afford Magistrate and their assistance, to the utmost of their power, to the

Assistant Poherein persons

lice Magistrate appointed to make up such lists at the island in which they reside. herein.

VIII. That every list so prepared shall be ready on or before Justices at the second Tuesday of the month of July of each year; and shall Quarterly be then sent in by the person appointed to make up the same, to Sessions the Justices of each island respectively, at their quarterly meetings in the said month, for their revision.

IX. That it shall be the duty of the said Justices to revise required to such lists, and to amend the same as they may see fit; and such revise lists. lists so amended, shall then be returned to the party appointed to prepare the same, who shall then prepare three copies thereof, and cause the same to be affixed to some conspicuous places at each island respectively, and shall also keep a copy of such list,

each yeu.

pare Lists.

No. 1. for the inspection of any inhabitant of the said cays respectively, Ord. No. 3, who may make application to peruse the same between the hours 1853. of ten o'clock a.m. and three o'clock p.m. in the daytime, at any

time before the first day of October then next ensuing; which said list shall be again laid, by the party preparing the same, before the Justices aforesaid, at their quarterly meetings in the said month of October : and any person who shall wilfully pull down, tear, obliterate, deface, or otherwise remove and destroy, wholly or in part, any list of jurors put up under the authority of this Ordinance, shall, on conviction before any two Justices of the Peace, forfeit and pay a sum not exceeding two pounds, or in default of payment, to be committed to prison for any time not exceeding

forty days. Revised Lists to X. That all persons having any objections to make to such lists, be returned to

may do so before the Justices assembled at each cay, respectively, the Clerk of the Crown on or

on the second Tuesday in the month of October of each year, who before the

may amend such lists if they see fit; and such lists shall then be twentieth forwarded by the Justices to the said Clerk of the Crown: ProOctober in vided, that every list shall be forwarded as aforesaid, on or before

the twentieth day of October in every year. Penalty for XI. That for any neglect or omission on the part of any person neglect to pre- appointed to make up, or assist in making up such lists, he shall

be liable to forfeit a sum not exceeding Ten pounds, to be recovered in a summary manner, and such neglect, or omission, shall not be held to vitiate such list or lists, but the same, when revised, by the Justices aforesaid, shall be considered as good and valid to all

intents and purposes. Remuneration XII. That the said Justices, upon forwarding the said lists to for preparing

the Clerk of the Crown, shall, and may, if they are satisfied that Lists.

the provisions of this Ordinance have been duly observed, grant a certificate to that effect, to the parties employed in preparing the same; and for such services the said parties shall be entitled to have and receive out of the public Treasury as follows:- To the chief constable preparing such lists at Grand Turk, a sum not exceeding Four pounds, and to the stipendiary constable at Salt Cay, a sum not exceeding Two pounds; and the President is required to grant his warrant for the payment of the same, upon

production of the certificates aforesaid. List to be XIII. That the Clerk of the Crown shall keep the lists so recordel in

returned among the records in his office, and shall cause a general the office of Clerk of the

list of jurors to be made therefrom, and entered in alphabetical Crown.

order, in a book to be by him provided for that purpose at the public charge, which book shall be called the “ Jurors'

Book.” Presiding Judge XIV. That if the name of any man not qualified and liable to of the Supreme serve on juries as aforesaid, is inserted in such Jurors' Book, it Court to cor

shall be lawful for the presiding Justice of the Supreme Court, at rect Lists.

any time, upon satisfaction from the oath of the party complaining, or other proof, or upon his own knowledge that he is not qualified and liable, to strike his name out of such Jurors' Book, and also to strike out therefrom the names of men disabled by lunacy or imbecility of mind, or by deafness, blindness, or other permanent infirmity of body, from serving on juries, and of men otherwise disqualified by this Ordinance; and it shall be also lawful for such Justice as aforesaid, to insert in such list, the name of every


man omitted therein, upon proof being made to the satisfaction of No. 1. such Justice of his proper qualification.

Ord. No. 3, XV. That the Clerk of the Crown immediately after entering

1853. the general list of jurors in the jurors' book as before directed,

Jury Box to shall cause the names of the whole of the jurors therein contained, be kept at the to be written on separate and distinct pieces of parchment or office of Clerk paper of equal size, which he shall roll as nearly as may be in the of the Crown. same manner, and put into the division number one of the jury box, belonging to the said Court, which box shall have two locks and keys, of different wards, one of which keys shall be kept by the presiding Justice of the said Court, and the other by the Clerk of the Crown ; which box shall be and remain in the office of the said Clerk of the Crown; and shall not be opened nor any jury drawn therefrom, except in the presence of the presiding Justice of the said Court and the Clerk of the Crown or his lawful deputy.

XVI. That the presiding Justice of the Supreme Court shall on Mode of such day, before the commencement of each term, as he may ap- drawing Jwy point for that purpose, cause to be drawn by some indifferent person out of the jury box before mentioned, thirty-six of the pieces of parchment or paper whereon are written the names of men qualified to serve as jurors, and the men whose names shall be drawn as above directed shall be the jurors to serve at the ensuing term for the trial of all issues, criminal as well as civil, joined in the said Court, and to make all inquiries of damages which lawfully may or ought to be taken and made in the said Court: and after the names of the thirty-six jurors shall have been faithfully and correctly written down by some officer of the said Court, then the pieces of parchment or paper, whereon the names of the thirty-six jurors are written, shall be again rolled up and placed in the division number two of the jury box, and shall be so done as often as any jury shall be drawn, until the whole of the names in the division number one shall have been drawn, when they shall in like manner be drawn out of division number two and returned into the division number one, and so alternately from time to time, as the pieces of parchment or paper shall be drawn out of either of the said divisions, in order that every man qualified and liable to serve on juries may be drawn to serve thereon.

XVII. That after the jurors shall be drawn in manner before Writ of directed, the said presiding Justice shall cause a writ of " venire Venire facias fucias juratoresto be issued under the seal of the said Court juratores. directed to the Provost Marshal of these islands, or his lawful deputy, for the purpose of summoning the jurors drawn to serve for such term, and that the Provost Marshal or his lawful deputy, upon receipt of every such writ of venire facias, shall cause the several men, whose names shall be inserted in the panel thereunto annexed, to be duly summoned within the time hereinafter limited. And in case the said Provost Marshal, or any one of his deputies, return any person as having been duly summoned to serve as a juror, when in truth such person was not duly summoned, the said Provost Marshal or his deputy so offending, shall upon conviction thereof, be guilty of a contempt of Court, punishable by fine and imprisonment, or either, at the discretion of the Court. Provided that such writs be delivered to the Provost Marshal at least fourteen days before the day appointed for the meeting of the Court.

XVIII. That the summons to serve on juries, not being special


No. 1.

juries, in the Court aforesaid, shall be made by the Provost MarOrd. No.3, shal or his deputy, ten days at least before the day on which the 1853. juror is to attend, by delivering to the man to be summoned, or in

case he shall be absent from the usual place of his abode, by leaving When and how Jurors to

with some person there inhabiting, a note in writing under the be summoned,

hand of the Provost Marshal or his deputy, containing the substance of such summons; and the summons of every man to serve on special juries in the aforesaid Court shall be made by the like persons and in like manner as aforesaid, three days at the least

before the day on which the special juror is to attend. Juries for the XIX. That the name of each man who shall be summoned, for trial of Issues, the trial of issues in the said Court, shall be written on a distinct how drawn.

piece of parchment or paper, such pieces of parchment or paper being all, as nearly as may be, of equal size, and shall under the directions and care of the Clerk of the Crown or the Prothonotary of the said Court, be put together in a box to be provided for that purpose; and when any issue shall be brought on to be tried, such Clerk of the Crown or Prothonotary as aforesaid, shall in open Court, draw out twelve of the said pieces of parchment or paper, one after another, and if any of the men whose names shall be so drawn shall not appear, or shall be challenged and set aside, then such further number until twelve men be drawn, who shall appear; and after all just causes of challenge allowed, shall remain as fair and indifferent, and the said twelve men, so drawn, and appearing, and approved as indifferent, their names being marked in the panel, and they being sworn, shall be the jury to try the issue; and the names of the men so drawn and sworn, shall be kept apart by themselves until such jury shall have given in their verdict, and the same shall be recorded, or until such jury shall, by consent of the parties, or by leave of the Court, be discharged, and then the same names shall be returned to the box, there to be kept with the other names remaining at that time undrawn, and so toties quoties as long as any issue remains to be tried : Provided always, That if any issue shall be brought on to be tried in the said Court, before the jury in any other issue shall have brought in their verdict or been discharged, it shall be lawful for the Court to order twelve of the residue of the said pieces of parchment or paper, not containing the names of any of the jurors who shall not have so brought in their verdict or been discharged, to be drawn in such manner as is aforesaid, for the trial of the issue which shall be so brought on to be tried : Provided also, That where no objection shall be made on behalf of the Queen or any other party, it shall be lawful for the Court to try any issue with the same jury that shall have previously tried or been drawn to try any other issue, without their names being returned to the box and re-drawn, or to order the name or names of any man or men on such jury, whom both parties may consent to withdraw, or who may be justly challenged or excused by the Court, to be set aside, and another name or names to be drawn from the box, and to try the issue with the residue of such original jury, and with such man or men whose name or names shall be so drawn,

and so toties quoties as long as any issue remains to be tried. Presiding Judge XX. That it shall and may be lawful for the presiding Justice may order a

of the Supreme Court, upon motion made upon behalf of the Special Jury.

Queen, or upon behalf of any prosecutor, relator, plaintiff or demandant, or of any defendant or tenant in any case whatsoever,

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whether civil or criminal, excepting only informations for treason No. 1. or felony, depending in the said Court, and the said Justice is Ord. No. 3, hereby authorized and required, in any of the cases before men

1853. tioned, to order and appoint a special jury to be struck for the trial of any issue joined in any of the said cases; and every jury so struck, shall be the jury returned for the trial of such issue.

XXI. That whenever any special session of oyer and terminer Juries at speshall be held, the jury required for the same shall be drawn and cial Sessions of summoned in manner hereinbefore provided, and any juror so

'Oyer and

Terminer, summoned and making default, shall be liable to be punished as is hereinbefore mentioned.

XXII. That it shall be the duty of the Judge of the said Su- Who shall be preme Court, to select annually from the list of jurors returned to Special Jurors. such Court, immediately after such lists shall have been returned to the Clerk of the Crown, the names of all esquires, merchants, and other persons, whom such Judge shall deem qualified to serve as special jurors for the year for which they have been returned, and selected as aforesaid, and the panel so formed shall not be altered during the year: Provided, however, that such special jurors shall be liable to be drawn, and to serve on other juries, their selection as special jurors to the contrary notwithstanding.

XXIII. That whenever a special jury shall be ordered to be Mode of draw-
struck, the Clerk of the Crown shall appoint a time and place for ing Special
the nomination of such special jury, notice of which time and place

shall be given to all the parties in any of the cases aforesaid, and
the Clerk of the Crown at the time and place appointed, shall in
the presence of all the parties in any of the cases aforesaid, and of
their attorneys (if they respectively choose to attend, or if the said
parties or their attorneys, all or any of them do not attend, then in
their absence), put all the said pieces of parchment or paper
whereon are written the names of men qualified and liable to serve
as aforesaid as special jurors, into a box to be by him provided for
that purpose, and after having shaken them together, shall draw
out of the said box forty-eight of the said pieces of parchment or
paper, one after another, and shal as each piece is drawn, read
aloud the name thereon written, and if at the time of so reading
any name, either party, or his, her, or their attorney shall object that
the man whose name shall have been so read is in any manner inca-
pacitated from serving on the said jury, and shall also then and there
prove the same to the satisfaction of the said Clerk of the Crown,
such name shall be set aside, and the said Clerk of the Crown shall
in like manner draw out another piece of parchment or paper and
read aloud the name thereon written, which name may in like
manner be set aside and other names resorted to, according to the
mode of proceeding, herein before described, for the purpose of sup-
plying names in the places of those set aside, until the whole
number of forty-eight names, not liable to be set aside, shall be
completed : and if it shall so happen that the whole number of forty-
eight names, cannot be obtained from the Special Jurors' List, then,
and in such case the said Clerk of the Crown shall fairly and indiffer-
ently take such a number of names from the general list of jurors, in
addition to those already taken from the special jurors' list, as shall
be required to make up the full number of the forty-eight names,
all and every of which forty-eight names, shall, in such case, be
deemed and taken to be thoso of special jurors ; and the said Clerk


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