51 Vic. No. 10 .. An Act to amend the Law relating to the Return The whole. of Jury Fees. 55 Vic. No. 5.. Criminal Law and Evidence Amendment Act of Section 34. 1891. SECOND SCHEDULE. District of To the Chief Constable of the district of Take notice that you are hereby required to make out during the second, third, and fourth weeks of November next ensuing a true list in writing in the form hereunto annexed of all men within the jurors' district for liable to serve on juries according to the Jury Act, 1901. Notice is hereby given that I have caused a list to be made out of persons within the jurors' district for [place] liable to serve as jurors either special or common during the year 19 and that a copy of such list lies for inspection in the office of the clerk of Petty Sessions in street, in this city (or town) and that the Justices in Petty Sessions will, on Tuesday, the day of December next, at the police office, in street, proceed to examine and correct the said list, when all persons having any objection to offer thereto may attend if they shall think fit. Saturday, November, 19 (To be adopted for general, special, or common juries of twelve and juries of four.) To the Sheriff of or his deputy greeting, Pursuant to the Act in such case made and provided you are hereby commanded that you cause to come before [here insert the style of the court] to be holden at the court-house at on [here insert the day of the week] the day of now next [or instant] good and lawful men of the jurors' district for aforesaid duly qualified according to law as jurors (or as common jurors" or " special jurors " according as the precept shall be intended to be a "general jury precept," common jury precept," or " special jury precept") to make a jury of the country for the trial of all such issues of fact or other matters as shall be then required to be tried by a general jury of twelve men (or by a common jury or a special jury of four or of twelve men according as the precept shall be intended). And that you have Sec. 10. Sec: 10. Sec. 12. Secs. 34-36. Sch. 5. then there the names of those jurors as by the law is required of you, together with due proof of the service of a summons upon such of the said jurors as shall have been served and of the time and manner thereof and of the causes wherefore the others of such jurors have not been served with such summons and also this writ. Sec: 46 Given under my hand and seal at this SIXTH SCHEDULE. Form of summons. day of A.D. 19 Mr. A.B. (naming the juror), you are hereby required to appear as a juror in the Supreme or Circuit Court or Court of Quarter Sessions (naming the court) to be holden [here insert the day of the week] the at on day of next, at ten o'clock in the forenoon, and you are there to attend from day to day until you shall be discharged by the said court under penalty of the fine by law imposed in this behalf. JURY (AMENDMENT) ACT 1902. S. 1. ACT No. XXVIII, 1902. An Act to amend the Jury Act, 1901, and to validate certain jury lists. [Assented to, 22nd December, 1902.] BE E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited as the " Jury (Amendment) Act, Short title. 1902," and shall be construed with the Jury Act, 1901, hereinafter in this Act called the Principal Act. juror's district, 2. Section eight of the Principal Act is amended by the Parramatta addition of the following paragraph : "All other parts of the County of Cumberland without the said Sydney police district and radius of twelve miles from the Sydney Town Hall, shall be the jurors' district for the town of Parramatta." 3. Subsection (1) of section nine of the Principal Act is repealed, and the following subsection substituted in lieu thereof:"The jurors' district for every other town or place at which any Court for the trial by jury of civil and criminal issues and the assessment of damages, or any Court of Quarter Sessions, or any District Court, is appointed to be held, shall comprise the land within a radius of thirty miles from every such town or place : Provided that any juror residing within the juror's district of two or more courts shall only be liable to serve at the court nearest to his place of residence." Juror's districts than Sydney and for towns other Parramatta. 4. Section thirteen of the Principal Act is amended by the Special petty substitution of the words “during the second week" for the words sessions to be on the second Tuesday" where they occur in that section. summoned during the second week in December of 5. All jury lists for the year one thousand nine hundred each year. and three, made and prepared before the passing of this Act in Validation of accordance with the provisions of the Principal Act as amended 1903. by this Act, shall be valid. jury lists for S. 1. JUDGMENT CREDITORS' COMMISSIONER'S MEMORANDUM AND CERTIFICATE. THIS Bill consolidates the whole or part of the following Acts: 3 Vic. No. 18; 5 Vic. No. 9; 7 Vic. No. 13; 7 Vic. No. 16; 10 Vic. No. 7; 12 Vic. No. 1; 13 Vic. No. 12; 17 Vic. No. 21; 20 Vic. No. 31; 22 Vic. No. 1; 22 Vic. No. 18; 37 Vic. No. 11; Clause 3. Fresh jurisdictions of the Supreme Court have been created since the passing of the original Acts, and this clause includes them all. Clause 4. It appears never to have been decided whether the words "or any inferior Court" include the District Court which was not in existence when the original section became law. Clause 9. "Sheriff's" has been omitted before “poundage" because the officer may have been the officer of some other Court. Clause 10. The question has arisen for consideration whether the repeal by 12 Vic. No. 1, sec. 5, of the power to sell choses in action repeals the power given by 5 Vic. No. 9, sec. 31, to seize them in execution. See an article in the Weekly Notes cover of 23rd February, 1899, and the case of Blair v. Blair, 18 N.S.W.R. Eq., p. 47. It has been decided that the power to seize not having been expressly taken away should remain for what it is worth. It may possibly have some bearing on the rules as to the time from which the chose in action is bound. Clause 10-12. The word "defendant" in the original sections evidently meant the person against whom the writ was sued out, who might in some cases be the plaintiff in the action. Clause 12. A point arising under the sections here consolidated was discussed but not decided by the late Mr. Chief Judge Manning in Irving v. The Commercial Banking Co., 19 N.S.W.R. Eq., pp. 57-58. It has been decided that all the provisions as to registration ought to be omitted. Clause 13 (2). "Or hereditaments" omitted after land as unnecessary. See Interpretation Act and 54 Geo. III, c. 15. "Or" is changed to "on." It was evi dently a mistake. Clause 27 (1) (a). “Or” before " in his own right" was a slip and is removed. Clause 27 (1) (b). The words "which at law cannot be taken in execution are omitted. Originally they were words of description, but if allowed to remain the 5 Vic. No. 9, sec. 31, might appear to give them a different meaning. I certify that, save as aforesaid, this Bill solely consolidates, and in no way alters, adds to, or amends the law as contained in the Acts thereby consolidated. CHAS. G. HEYDON, Commissioner for the Consolidation of the Statute Law. S. 1. TABLE Showing how the sections of Acts consolidated have been dealt with. |