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33 Geo. III. c 10.
(See 41 Geo. III. c12,

Poundage of the Receiver General.

Act, intituled "An Act to establish a Fund for paying the Salaries of the Offi-
cers of the Legislative Council and House of Assembly, and for defraying 3.)
the Contingent Expences thereof." and that it shall and may be lawful for
the Receiver General of the Province to deduct from and out of the several
sums of money by him received, the sum of three pounds for every hundred
pounds that may be raised, levied, collected and paid by virtue of this Act.

(See 41 Geo. III. c 12, -43, c 9,45, c 1,--46 € 6,-48, c6,--50, c 22)

STATUTES

OF

UPPER-CANADA,

PASSED IN THE THIRD SESSION OF THE FIRST PROVINCIAL

PARLIAMENT,

MET AT NEWARK, ON THE SECOND DAY OF JUNE, AND PROROGUED ON THE NINTH DAY
OF JULY FOLLOWING, IN THE THIRTY-FOURTH YEAR

OF THE REIGN OF GEORGE III.

JOHN GRAVES SIMCOE, ESQUIRE, LIEUTENANT GOVERNOR.

ANNO DOMINI 1794.

Preamble.

The clerks of the

to the Sheriffs a list of jurors, duly classed.

CHA P. I.

An Act for the Regulation of JURIES.

[9th July, 1794.]

FOR the Regulation of Juries, Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper-Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great-Britain, intituled, "An Act to repeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled, An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That the Clerk of peace to deliver yearly the Peace of each and every District in this Province, shall yearly and every year make up from the returns of the several Assessors of each parish, township, reputed township or place, which shall have been transmitted to him, a true and complete list or transcript of the names of the several inhabitant householders, living in each of the said parishes, townships, reputed townships or places, classed and divided in such manner as by the said returns shall appear, which list or transcript shall be transmitted or delivered by the Clerk of the Peace to the Sheriff of each respective District, or his Under Sheriff, in order for his returning Juries out of the said list from time to time, as he shall be commanded, and that each and every person whose name shall be returned in either of the said lists, shall be held and taken as qualified to serve on Juries, and that no Sheriff or Coroner shall return any person to serve on any Jury, whose name shall not appear in the said list, and that Penalty for neglect every Clerk of the Peace neglecting his duty therein, shall forfeit the sum of

Persons included in such lists qualified a

lone to serve on juries.

in the clerks of the peace.

Five

Five Pounds to such person or persons as shall inform or prosecute for the same, until the party be thereof convicted, by indictment, before the Justices of the Peace, at any Quarter Sessions of the Peace, to be holden for the District where such neglect shall have been committed.

II. And for preventing abuses by Sheriffs, Bailiffs or other officers, concerned in the summoning and returning of Jurors, Be it enacted by the authority aforesaid, That no person or persons shall be returned as a Juror or Jurors to serve on trials at any Assizes or Nisi Prius, Quarter Sessions or District Court, who have served thereat within the space of one year before, and if any such Sheriff shall wilfully transgress herein, any Judge or Justice of Assize or Nisi Prius, may and is hereby required, on examination and proof of such offence in a summary way, to set a fine or fines upon every such of fender, as he shall think meet, not exceeding the sum of Ten Pounds for any one offence.

III. And be it further enacted, That the Sheriff, Under Sheriff or officer to whom the return of Juries shall belong, shall from time to time enter or register in a book to be kept for that purpose, the names of such persons as shall be summoned and shall serve as Jurors on trials at any Assizes or Nisi Prius, Quarter Sessions or District Court, with the times of their services, and every person so summoned and attending or serving as aforesaid, shall upon application by him made to such Sheriff, Under Sheriff or officer, have a certificate testifying the same, which certificate the said Sheriff, Under Sheriff or officer is hereby required to make out without fee or reward.

IV. And be it further enacted by the authority aforesaid, That no Sheriff, Under Sheriff, or officer or any person whatsoever, shall directly or indirectly take or receive any money or other reward, to excuse any person from serving or being summoned to serve on Juries, and that no Bailiff or other officer appointed by any Sheriff or Under Sheriff to summon Juries, shall summon any person to serve thereon, other than such whose name is specified in a mandate signed by such Sheriff or Under Sheriff, and directed to such Bailiff or other officer, and if any Sheriff, Under Sheriff, Bailiff or other officer shall wilfully transgress in any of the cases aforesaid, any Judge or Justice of Assize or Nisi Prius, may and is hereby required on examination and proof of such offence in a summary way, to set a fine or fines upon any person so offending, as he shall think meet, not exceeding the sum of Three Pounds.

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Method of making the returns of writs of

V. And be it further enacted by the authority aforesaid, That every Sheriff or other officer, to whom the return of Venire facias Juratores or other process for venire fucias juratores. the trial of causes, before Justices of Assize or Nisi Prius, who may be assigned to hold Assizes in any District or place within this Province, doth or shall belong, shall upon his return of every such writ of Venire facias (unless in causes to be tried at Bar, or in cases where a Special Jury shall be struck by order or rule of Court,) annex a pannel to the said writ, containing the christian and sirnames, additions and places of abode of a competent number of Jurors, whose names shall have been returned in the said-lists, herein before directed to be made out, whose names shall be inserted in the pannel annexed to every Venire facias, for the trial of all issues at the same Assizes in each respective District or place,

L

which

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which number of Jurors shall not be less than thirty-six in any District or place, nor more than forty-eight, and the persons named in such pannels, shall be summoned to serve on Juries at the then next Assizes or Sessions of Nisi Prius, for the respective Districts or places to be named in such writs, and no other. (a)

(a) See 36 Geo. III.

Manner of empan

trial of every cause.

VI. And be it further enacted by the authority aforesaid, That the name nelling the jury for the of each and every person who shall be summoned and empanneled as aforesaid, with his addition and the place of his abode, shall be written on several and distinct pieces of parchment or paper, being all as near as may be of equal size, and shall be delivered to the Marshall of such Judge of Assize or Nisi Prius, who is to try the causes in each respective District, by the Sheriff or Under Sheriff of the said District, or some agent of his, and shall be put together in a box or glass to be provided for that purpose, and when a cause shall be called on to be tried, the Marshall or some indifferent person by direction of the Court, may and shall in open court draw out twelve of the said parchments or papers successively, and if any of the persons whose names shall be so drawn, shall not appear, or be challenged and set aside, then such further number, until twelve persons be drawn, who shall appear; and after, all causes of challenge shall be allowed to be indifferent; and the said twelve persons, their names being marked in the pannel(a) and they being sworn, shall be the Jury to try the cause, and the names of the persons so drawn and sworn, shall be kept apart by themselves till such Jury shall have given in their verdict, and the same is recorded, or until the Jury shall by consent of the partics or leave of the Court, be discharged; and then the said names shall be rolled up again and returned to the former box or glass, there to be kept with the other names remaining at that time undrawn, and so toties quoties as long as any cause remains to be tried.

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VII. And be it further enacted by the authority aforesaid, That every pcrson or persons whose name or names shall have been drawn to serve on the trial of any issue and who shall not appear after being openly called three times, shall forfeit and pay, upon oath made by some credible person that the party so making default had been lawfully summoned, such fine, not exceeding the sum of Three Pounds nor less than Twenty Shillings, as the Judge who sits to try the cause shall think reasonable to inflict; unless some reasonable cause of his absence be assigned or proved to the satisfaction of such Judge.

VIII. Provided always and be it enacted, That no person aged sixty years, shall be obliged to attend upon any summons to be directed to him for the purposes aforesaid.

IX. And be it further enacted by the authority aforesaid, That every common Juryman who shall have been sworn to give his verdict in any issuebrought before the Court, shall be entitled to demand and receive the sum of One Shilling (b), from the plaintiff or his attorney, for every cause in which such Juryman shall be sworn, to be accounted for in costs by the party charged with the payment thereof.

X. [Repealed by 48 Geo. III. c 13.]

XI.

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Persons competent to serve on Special Juries. Fee to be taken by each Special Juror for serving as such.

Which party shall bear the increased costs occasioned by a Special Jury.

Provision in cases where a view shall be allowed. Method of appoint

XIV. Provided always and be it further enacted, That where a view shall be allowed in any case, that in such case six of the Jurors named in such pannel, or more, who shall be mutually consented to by the parties or their agents on both sides, or if they cannot agree, shall be named by the officer of ing viewers. the Court, or by the Judge before whom the said cause shall be tried, shall have the view and be first sworn, or such of them as appear upon the Jury to try the said cause, before any drawing of Jurors as aforesaid, and so many only shall be drawn to be added to the viewers as aforesaid, as shall make up the number of twelve to be sworn for the trial of such issue. Provided also, That every person attending such view as aforesaid, shall and may de- them per day. mand and receive a sum not exceeding Ten Shillings, for every day on which he shall be so employed.

XV. Provided always, and be it further enacted, That in case no view shall be had, or if a view shall be had by any of the said Jurors, no valid objection shall be made on either side, either for want of a view, or that it was not had by any of the twelve Jurors first named, or that it was not had by any particular number of Jurors named in the said writ, but the trial of the issue shall proceed, any formal objection respecting the view, to the contrary notwithstanding.

[Sec 32d Geo. III. c 2,-36, c 2,-48, c 13.]

Allowance to each of

The want of a view, or any informalities in

having the same, shall not stay proceedings in trying the issue.

CHA P. II.

An Act to establish a Superior COURT of CIVIL and.CRIMINAL JURISDICTION, and to Regulate the COURT of APPEAL.

FOR

[9th July, 1794.]

OR the general and regular administration of Justice throughout this Province, Be it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Assembly of the Province of Upper-Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of Great-Britain, intituled, "An Act torepcal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled 'An Act for making more effectual provision for the Government of the Province of Quebec, in North America, and to make further provision for the Government of the said Province," and by the authority of the same, That there be constituted and established and there is hereby constituted and established a Court of Law, to be called and known by the name and style of His Majesty's Court of King's Bench, for the Province of Upper-Canada, which shall

Preamble.

A Court of King's Bench established.

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