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Act, intituled "An Act to establish a Fund for paying the Salaries of the Offi- 33 Geo. III.C 10.
(See 41 Geo. III. c12, 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 Poundage of the Re.
ceiver General, the Receiver General of the Province to deduct from and out of the several sums of money by him received, the sum of thrée pounds for every hundred
(Sec 41 Geo. III. c 12, pounds that may be raised, levied, collected and paid by virtue of this Act. -43, c 9,45,c 1,-46
c6,-48, 0650, 22)
PASSED IN THE THIRD SESSION OF THE FIRST PROVINCIAL
OF JULY FOLLOWING, IN THE THIRTY-FOURTH YEAR
OF THE REIGN OF, GEORGE III.
JOHN GRAVES SIMCOE, ESQUIRE, LIEUTENANT GOVERNOR.
ANNO DOMINI 1794.
CH A P. I.
An Act for the Regulation of JURIES.
[9th July, 1794.] TOR the Regulation of Juries, Be it enacted by the King's Most ExcelPreadible
T' lent 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 The clerks of the 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, townjurors, duly classed.
ship, 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 parisbes, 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, Persons included in as he shall be commanded, and that each and every person whose name such lists qualified a
es shall be returned in either of the said lists, shall be held and taken as quali
chi lone to serve on juries.
fied 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 in the clerks of the
to the Sheriffs a list of
Five Pounds to such person or persons as shall inform or prosecutc 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.
No sharino officer to return as a ju
II. And for preventing abuses by Sheriff's. Bailifis or other officers, concerned in the summoning and returning of Jurors, Be it enacted by the autho- ror, on trials, any perrity aforesaid, That no person or persons shall be returned as a Juror or Jire son who has already
served as such, within rors to serve on trials at any Assizes or Nisi Prius, Quarter Sessions or Dis- one year. trict 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 Pe 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 meat, 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
bio Sberiffs or other offisyhom the return of Juries shall belong, shall from time to time enter or regis- .
cers to keep registers ter in a book to be kept for that purpose, the names of such persons as shall of the jurors on all tri
jols of any Asias or Nici Prius als, and to grant certi.
Tais at any ASSIZES ON NISI INUS, ficates of service, if he Quarter Sessions or District Court, with the times of their services, and eve- quired. ry 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.
ied in the SRA.
- vuur sheriff to summon Jorina
IV. And be it further enacted by the authority aforesaid, That no Sheriff, No reward to be taken Under Sheriff, or officer or any person whatsoever, shall directly or indirect- from se
for excusing any person ly take or receive any money or other reward, to excuse any person from and no Juror to lie sum.
moned whose name is serving or being summoned to serve on Juries, and that po Bailiff or other not. officer appointed by any Sheriff or Under Sheriff to summon Juries, shall riff's mandate. 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 Penalty. 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.
V. And be it further enacted by the authority aforesaid, That every Sheriff or Method of making other officer, to whom the return of Venire fucias Juratores or other process for venire fucias juratores."
the returns of writs of the trial of causės, 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
Court,) anner Olaces of abode of artists, herein before dweru Venire facias, for
No of jurors to be re. which number of Jurors shall not be less than thirty-six in any District or place, turned.
nor more than forty-eight, and the persons named in such pannels, shall be sum(a) See 36 Geo. III. moned 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)
Manner of empan. VI. And be it further enacted by the authority aforesaid, That the name trial of every cause.
e of each and every person who shall be summoned and empanneled as afore
said, 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 parties 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.
and drawn to serve trial.
Penalty for not an VII. And be it further enacted by the authority aforesaid, That every perpearing when duly summoned as a Juror son 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.
Persons aged sisty years exempted.
VII. 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:
Tee of each Jaror sworn to give his ver.
IV Adheit forth
Nli ve 1 Jurin dict.
mon Juryman who shall have been sworn to give his verdict in any issue (5) See 37 Geo. III. & 4,88.
brought 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. The Court of King's Bench, on motion, may order a Special Jury to X. [Repealed by 48 Geo. III. c 13.) he struck for the trial of any issue.
Persons competent to
serve on Special Juries. XII. [Repealed by 43th Geo. III. c 13.7
Fee to be taken by XIII.S
each Special Juror for serving as such.
Which party shall bear the increased costs occasioned by a Spe
cial Jury. XIV. Provided always and be it further enacted, That where a view shall be provision in cases allowed in any case, that in such case six of the Jurors named in such pan- where a view shall be
allowed. nel, or more, who shall be mutually consented to by the parties or their a Method of appointgents 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
Allowance to each of 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 The want of a vier, be had, or if a view shall be had by any of the said Jurors, no valid objection for
having the same, shall shall be made on either side, either for want of a view, or that it was not had not stay proceedings in by any of the twelve Jurors first named, or that it was not had by any parti- trying
trying the issue. cular 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 notwith
An Act to establish a Superior COURT of CIVIL and.CRIMINAL JURISDICTION, and to Regulate the COURT of APPEAL.
[9th July, 1794.] DOR the general and regular administration of Justice throughout this Preamble.
T 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 torepeal certain parts of an Act passed in the fourteenth year of His Majesty's Reign, intituled 'An Act for making more effectual provisior 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 establish- , A Court of King's
Bench established. ed 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