Page images
PDF
EPUB

Court, duly summon from the body of the County, in the manner prescribed for other Courts by Section eight, twelve men (duly qualified) to serve as Petit Jurors at each Term of the said Courts.

11. When the Judge of any County Court shall so order, the Sheriff to whom such order shall be directed shall duly summon from the body of the County, in the manner prescribed for other Courts by Section eight, twenty four men (duly qualified) to serve as Grand Jurors, and twenty one men (duly qualified) to serve as Petit Jurors, at the Term of such County Court mentioned in such order; the Judge may at any time during the Sitting of the Court reduce the panel of Petit Jurors to twelve by striking therefrom the names of such Jurors as he shall see fit.

12. Whenever the Sheriff is of kin to either party in any cause pending in the Supreme Court of this Province, or in any of the County Courts of this Province, or whenever the Sheriff shall be interested in any cause, any Venire hereafter to be issued to summon a Jury, may be directed to any one of the Coroners of the County in which such cause is to be tried; and the said Venire may be executed by such Coroner, and returned by him, any law, usuage or custom to the contrary notwithstanding.

13. If a Grand Jury shall be discharged from some legal objection, the Court may order a new Grand Jury to be summoned in the manner prescribed for summoning Petit Jurors during the sitting of the Court.

14. Immediately after the Grand Jury are called they shall under the direction of the Judge, retire to their room with the Sheriff or his Deputy, and elect their foreman, who shall be openly notified to the Court by the Sheriff or his Deputy, and sworn in accordingly; if the Jury divide equally upon the nomination, the Sheriff shall give the casting vote; if no election be made within one hour, the Court shall appoint a foreman.

15. The Petit Jury for the trial of all civil causes, inquisitions, issues, and on all informations on the Exchequer side of the Court, and all inquests of office, concerning the right of the Crown to the possession of any lands or tenements, goods or chattels, or concerning any debt due to the Crown, shall, in the Supreme Court consist of seven persons, and shall in the

County Court consist of five persons. [The Jury on Coroner's Inquests shall consist of seven persons. In all criminal cases the Petit Jury shall consist of twelve persons.]-18 Vic. c. 24, s. 15.

16. The name of each Petit Juror, whenever summoned in any Court, shall be written on a separate piece of paper, and put into a box, and when a civil cause is to be tried, the Clerk or some indifferent person shall draw out sufficient of the papers to complete the number required to constitute the Jury; and if any do not appear, or are set aside, he shall draw until the requisite number of Jurors is obtained, who being marked in the panel and sworn, shall try the cause, but their names shall be kept apart until they are discharged, when they shall be returned to the former box, and so on as often as necessary; if before they are discharged, a cause is to be tried, the Jury shall be drawn in the same manner from the residue.

17. In all cases where there is a default of Jurors, the Judge may command the Officer to name other qualified persons of the County present, to complete the number, whose names shall be added to the former panel.

18. In every trial of any issue or inquisition, other than in a Special Jury cause, unless peremptory challenge be allowed, either party may challenge three of the Jurors as they come to the book, which shall be admitted by the Court or Officer presiding; but this shall not affect any other right of challenge the party has, or if such party consists of several persons, give a right to challenge peremptorily more than three.

19. Every Jury in a civil cause may retire to some comfortable place, under the direction of the Court, to consider their verdict, and if they cannot agree within two hours, any four of their number in a County Court, or five of their number in any other Court, may return a verdict; [but in all criminal cases the Jury shall be unanimous.]

20. The practice of keeping a Jury without meat, drink, or any other comfort, until they agree upon their verdict, shall continue abolished.

21. No challenge shall be taken to any panel of Jurors in civil causes by reason or on account of kindred or affinity in the Officer summoning such Jury to any of the parties to a suit, except in cases when such summoning Officer is of kin

dred or affinity to any or either of the parties to the suit within the second degree of consanguinity or affinity, nor shall any array in any civil suit or proceeding be quashed by reason of such kindred or affinity except as aforesaid, any law, custom or usage to the contrary notwithstanding.

22. When a view shall be considered necessary by the Court, the Jury sworn to try the cause shall make the view under charge of the Sheriff, and if necessary, of Shewers to be appointed by the Court; the trial may be postponed to any other day during the sitting of the same Court, and in the mean time other causes may be disposed of. The writ of view is abolished. The Judge may make such order with respect to the costs of the view as he may think fit, and no costs of view shall be taxed except by order of the Judge.

23. Whenever it shall appear necessary to the presiding Judge of any Court, or the Judge appointed to preside at any Court, to summon a greater number of Jurors than twenty one, he shall direct the Clerk to notify the Sheriff, and the Clerk shall add the number required to the Notice (B) to the Sheriff to summon the Jurors, and if he has previously given the Sheriff notice, he shall give him a new Notice (C), and the Sheriff shall summon them in the manner prescribed in Section eight; but a second Jury so summoned shall not be required to attend earlier than the sixth day after the opening of the Court. Jurors required to attend under this Section shall be liable to the same pains and penalties, and entitled to the same immunities as in other cases. The Judge may discharge the additional Jurors summoned whenever he sees fit.

24. Upon any inquisition before a Sheriff or other Officer, not being a Judge of the Supreme or County Court, except a Coroner's Inquest, he shall select and summon from the Jury list a sufficient number of Jurors to enable him to execute the writ or precept, allowing for peremptory challenges of three persons by each party; and if the Jury agree upon a verdict, they shall each receive a sum not exceeding one dollar per day, to be determined by the Officer presiding, and paid by the successful party, and be costs in the cause.

25. A party in any case pending in the Supreme Court may have the issue tried by a Special Jury, for which purpose he shall obtain an Appointment (D) from the County

Secretary in the County where the venue may be laid, or his deputy, of the time and place for the election of twenty eight persons, and shall serve the same on the opposite party, or his attorney, a reasonable time before the day appointed, at which time and place the Secretary shall attend with the Jury list last filed, and then and there, in the presence of the parties, their counsel or attorneys, or such as shall attend, select therefrom twenty eight indifferent persons, and best qualified to try the issue; the Secretary or his deputy shall make out a list of the twenty eight persons selected, and deliver it certified, with an appointment of the time and place of striking, to the party applicant, or his agent, who shall serve a copy thereof on the opposite party, or his attorney; and the said Secretary or deputy shall attend, and in the presence of such of the parties who may be present, strike the Jury in manner following :--

First-The applicant, his attorney, or agent, shall strike out one of the names, and the opposite party, his attorney, or agent, another, and so on alternately until the list is reduced to fourteen :

Second-If either party fail to attend, or neglect to strike, the Secretary, or his deputy, shall strike for him :

Third-The Secretary, or his deputy, shall forth with make out a list of the remaining fourteen, and deliver it certified to the Sheriff of the County, who shall summon them in the usual manner.

26. If the County Secretary be interested in the cause, or related to either party, the Court, or a Judge, may appoint some other fit person to strike the Jury.

27. On the trial of every Special Jury cause, the Jury shall be drawn as in other cases.

28. The right to peremptory challenge allowed to parties, shall extend to talesmen called on Special Juries.

29. The Jury fees, and expenses of striking and summoning a Special Jury, shall be paid by the applicant, who shall not be allowed on the taxation of costs any more than the fees of a common Jury, unless the presiding Judge shall, after the trial, certify upon the Record that it was a proper cause to be tried by a Special Jury.

30. A Judge of the Supreme Court may, upon sufficient cause shewn by either party, set aside any proceeding con

nected with the selection or striking of a Spial Jury an! diret a new one to be selected or struk, or make to other order as he may den right.

31. The following fees shall be allowed for striking 128 summoning a Spesial Jury:-To the County Se retary other offer in his stead, two dollars; to the Sheriff for e moning, four dollars; and to each Juror such sum not exceeding one dollar for each day's attendan e on the trail as the Judge shall allow, and the same travelling fees as a lowed to ordinary Jurors.

32 Every Special Juror not appearing when oply three times, shall, on the oath of the summoning of e proof by atidavit that he was lawfully summos-para fine not ex seeding twelve dollars in the discretion of the Judge, unless a sui ient cause for such absence be promed to his satisfa tion

33. All fines imposed on Jurors or other minister law in any Court shall be recoverelin the following manner -Th-Clerk shall within twenty days after the armof the Court, enter on a list the names of the persona £zed and their residence respectively, with the amounts of the several fines, and deliver the Writ (E) with the stabs-1-d to the Sheriff, who shall levy the respes tive fines of the goods and chattels of the several persons mentioned in the sat i les together with one dollar from each person for his few, and also the reasonable expenses of sale of any goods, asi par the amount of the fines when levied to the Treasurer of the County, whose reeipt on the list will be a suficient de charge. Kany person shall tender the fine to the Clerk before the delivery of the Writ to the Shend he shal resive and pay it to the County Treasurer, and mark the same on the list "wetisted "

54. The Sherif shall on receipt of the Writ endorse there on the day and year he received it, and within three months file the same with the Clerk, and also a list and return of his pro eedings, if the Sheriff ngit to make the return, the Clerk shall report to the Court, and the Sheriff shall be deemed guilty of contempt, and punished accordingly.

$5. Every County Treasurer shall keep separate a counte of the Jury fines, fees, and other fines paid over to him, and at the opening of every Court fie on oath a copy thereof, and

« PreviousContinue »