2-169 (Raw)

File contents

<source><g=m><o=u><age=un><status=1><abode=un><p=sau><r=gen><tt=lg><2-169>
1. . . . All issues of fact whether in civil or criminal proceedings shall be tried and all damages recoverable in any actions at law after judgment by default or upon demurrer (other than damages usually assessed or computed by the court or some officer thereof) shall be assessed before the Judge of the Supreme Court by a jury to consist of twelve persons who shall be subject to such and the like rules and manner of proceeding as are observed upon the trial of any issue of fact joined in Her Majesty's Courts of Record at Westminster so far as the same may not be specially provided for in this Act.
2. Every man (except as hereinafter excepted) between the ages of twenty-one years and sixty years residing within the Province and who shall have within the Province in his own name or in trust for him real estate of the value of fifty pounds clear of all incumbrances or a clear personal estate of the value of at least one hundred pounds sterling shall be qualified and liable to serve on juries for the trial of any such issues joined in the said court as aforesaid.
3. The clerk to the magistrates or (during a vacancy in that office and not otherwise) some other person or persons to be appointed for that purpose by the Governor for the time being to act during such vacancy shall immediately after the passing of this Act and on or before the twentieth day of November in this present year and on or before the first day of January in every succeeding year prepare or cause to be prepared lists of all men liable to serve on the juries setting forth their Christian and surnames residences titles additions and qualifications according to the form annexed to this Act and the said clerks to the magistrates or other person or persons to be appointed during and on account of such vacancy as aforesaid shall subscribe the said list with a declaration that each such list contains to the best of his knowledge and belief the names of all persons liable to serve on juries and qualified according to the provisions of this Act.
4. The jury lists so to be prepared as aforesaid shall within three days after the same shall be prepared be affixed to such conspicuous places in the Province as the Sheriff for the time being shall for that purpose from time to time appoint together with a notice signed by the clerk of the magistrates or (during such vacancy as aforesaid) by such other person or persons so to be appointed as aforesaid stating that the Justices of the Peace of the Province will hear at a special sessions directed to be held for that purpose as hereinafter mentioned all objections to the said lists: [165]
Provided always that the said clerk of the magistrates or (during such vacancy as aforesaid) such other person or persons so to be appointed as aforesaid shall keep the original lists and copies of the same to which the inhabitants of the said Province shall have access at any reasonable time within fourteen days after the days of such notice without fee in order that due notice may be given of names improperly omitted or inserted.
5. A special sessions shall be held on the twelfth day of December in this present year and in the third week in the month of January in every succeeding year at which the said clerk to the magistrates shall attend and produce the lists so prepared and verified as aforesaid and thereupon the justices so assembled shall examine such lists seriatim and shall strike out of such lists the names of all persons not liable to serve or disqualified from serving as jurors as also of such as are disqualified by deafness blindness or mental infirmity and shall insert all names improperly omitted and correct all errors and mistakes in such lists and finally settle the same and the said lists when so settled shall be final and shall continue in force for the current year: Provided always that if any question should arise respecting the striking out or adding of a name the same shall be decided by ballot. .
8. As soon as the said lists shall be settled as aforesaid the same shall be immediately transmitted by the said justices to the Sheriff and the Sheriff upon receiving such lists shall within three days after the receipt thereof in each and every year cause to be transcribed fairly in a book to be kept in his office for such purpose and to be styled the "Jurors' Book" the names of all persons contained in such lists respectively with the addition of their respective residences titles and qualifications in alphabetical order beginning under each letter of the alphabet with the surname of each person and such jurors' book shall thereupon be and continue in force for the current year and until the jury lists for the year next ensuing shall be transcribed by the Sheriff into the jurors' book.
9. And to the end that all persons liable to serve on any such juries as aforesaid may bear an equal share of the public duty imposed on them: - Be it further enacted that as often as a writ of venire facias shall be delivered to the Sheriff requiring him to summon jurors for the trial of any such issues as aforesaid the Sheriff shall and he is hereby required to summon all persons not being on the special jury list as hereinafter provided whose names shall be transcribed in such jurors' book according to the order in which such names shall successively be placed until every such person shall have been summoned in his turn: And in case any such person shall make default every such defaulter shall be summoned a second time or oftener until he shall have served for such default or defaults and such order shall be observed every succeeding year the Sheriff beginning with the names of the persons in the last book who were last summoned to attend to such juries as aforesaid. . .
II. If any person duly summoned as a juror as aforesaid shall make default or fail to attend the said court (upon proof on oath of such person being duly summoned as aforesaid) every such person shall forfeit a sum not exceeding fifty pounds at the discretion of any Judge or Judges of the said Court to be levied and appropriated in like manner as all other fines and forfeitures under this Act unless some just cause for such defaulter's absence shall be made to appear by oath or affidavit to the satisfaction of the said court. [166]
12. At the sitting of the said court for the trial of any such issue as aforesaid the name addition [scil, condition] and place of abode of each juror summoned as aforesaid shall be written on a separate piece of paper or card and put into a box and when such issue is called on to be tried the chief clerk or other ministerial officer of the court shall in open court draw therefrom until twelve men appear who are not objected to or challenged and after the trial such names shall be returned to the box to be kept with the other undrawn names and toties quoties as long as any issue shall remain to be tried.
13. When a cause appointed to be tried by a common jury shall be called on and a sufficient number of jurors summoned to attend such court shall not be in attendance it shall be competent to either party to the cause to pray a tales and the court or judge may then command the Sheriff or his deputy forthwith to summon as many good and lawful men of the bystanders (being qualified and liable as jurors as aforesaid) as shall be sufficient to make up a full jury for the trial of such cause as aforesaid.
14. Every juror who shall attend the said court to try civil issues in pursuance of such summons as aforesaid shall be entitled to receive for every day during his attendance upon the said court a compensation for his expenses at and after the following rates (that is to say) for every jury upon which such juror shall actually be called and set the sum of one shilling.
17. In every case wherein a jury shall have been granted as aforesaid for the trial of any issue or issues if either of the parties plaintiff or defendant shall make application to the court stating his desire to have the said issue or issues tried by a special jury constituted as is hereinafter more particularly described for the trial of such issue or issues between the said plaintiff and defendant [sic].
18. Every man described in the said juror's book as an esquire or person of higher degree or as a Justice of the Peace or as a merchant (such merchant not keeping a general retail shop) or as a bank director or possessing real estate of the value of five hundred pounds or personal estate of the value of one thousand pounds shall be qualified to serve on special juries for the trial of issues in the Supreme Court as aforesaid. .
<\2-169><\g=m><\o=u><\age=un><\status=1><\abode=un><\p=sau><\r=gen><\tt=lg>