CHAP. 91. Jurors. You shall well and truly try this cause between A. B., plaintiff, and C. D., defendant, and a true verdict give according to the evidence. So help you God. Constable or other person appointed to attend jury. You shall keep every one of the jury sworn, and now about to make up their verdict, in some convenient place; you shall not suffer any person to speak to them, nor shall you speak to them yourself, except it be to ask if they are agreed on their verdict, without the leave of the court. So help you God. Bail bond on capias. Know all men by these presents that we [names, places of residence, and professions or callings of the defendant and his bail,] are held and firmly bound unto [name of the plaintiff in the suit, adding his place of residence and profession or calling] in the sum of [twice the amount sworn to and en dorsed on the capias] to be paid to the said [name of the plaintiff,] his certain attorney, executors, administrators or assigns, for which payment we bind ourselves, and every of us by himself, our and every of our heirs, executors and administrators, firmly by these presents, sealed with our seals, and dated the day of 18-. The condition of the foregoing obligation is such that Signed, sealed and delivered, Affidavit to be made by the party appealing. (Seal.) (Seal.) (Seal.) In the Court before [name the justice or justices before whom the trial was had,] Justices of the Peace. C. D., Defendant. A. B., [the party making the appeal] of, in the County of the above named [plaintiff or defendant, as the case may be, or if the party for whom the appeal is made be absent, say agent for the above named plaintiff or defendant, as the case may be,] maketh oath and saith CHAP. 91. that he is really dissatisfied with, and feels aggrieved by, the judgment given in this cause, and that he does not appeal therefrom for the purpose of delay, but that justice may be done therein. To be signed by the party Bond to be given on appeal being made. Know all men by these presents, that we, A. B., C. D., and E. F., [names of the appellant if he be present, or if absent, of the agent, and the sureties, with their places of residence] are held and firmly bound to G. H. [the party against whom the appeal is allowed] in the sum of [double the amount of the judgment, debt and costs,] to be paid to the said G. H., his certain attorney, executors, administrators or assigns, for which payment we bind ourselves, and every of us by himself, our and every of our heirs, executors and administrators, firmly by these presents, sealed with our seals, and dated the day of 18-. Whereas a certain cause between the above bounden A. B. [if the party appellant be the principal in the bond, or if he be absent then say between-name the appellant] and the above named G. H. in which the said [name the appel lant] was [plaintiff or defendant, as the case may be] tried before [name the justice or justices before whom the trial was made] Justice of the Peace for the County of on the and judgment was given in favor of the said G. H. for the sum of debt and costs, and an appeal therein hath been demanded on behalf of the said [name the party appealing]: Now the condition of the above obligation is such that if the said [name the appellant] at the next sitting or Term of the Supreme Court for the County of [name the county in which the cause was tried] shall duly enter and prosecute his said appeal, and shall proceed therein to final judgment, and shall abide by and fulfil the judgment of the said Court to be given in such appeal, or render the body of the appellant and pay the costs accruing on the appeal, or shall previous to the first day of the sitting of such Court pay the full amount of judgment in such cause, together with all costs subsequently accruing thereon, then the above obligation to be void. day of Signed, sealed and delivered, in the presence of A. B. (Seal.) C. D. (Seal.) CHAP. 92. Qualification of grand jurors. CHAPTER 92. OF JURIES. 1. Every person not hereinafter exempted, or who may not otherwise by law be exempted, who shall have resided twelve months within the county, and shall, if within the County of Halifax, hold a freehold estate in such county of the yearly value of one hundred and twenty dollars, or be possessed of a personal estate of the value of two thousand dollars, or, if in any other county, hold a freehold estate of the yearly value of sixty dollars, or be assessed for county rates in respect of real or personal property or both, of the value of one thousand dollars or upwards, shall be qualified to serve as a grand juror for such county. 2. All persons not hereinafter exempted, or who may not otherwise by law be exempted, whether liable to serve as grand jurors or not, who shall have resided twelve months within the county, and shall, if in the county of Halifax, own property within the county to the value of eight hundred dollars or upwards, or if in any other county be assessed for real or personal property or both, of the value of five hundred dollars or upwards, shall be qualified to serve as petit jurors for such county. Persons exempt- 3. The members of the Executive and Legislative ed from serving Councils and of the House of Assembly, and the officers Qualification of etit jurors. on juries. thereof while in session, the clerks employed in the offices of the Provincial Secretary, Treasurer, Attorney-General, Commissioner of Public Works and Mines, and Commissioner of Crown Lands, Judges and Registrars of Probate, the Superintendent of Education and the clerk in his office, resident officers and other employés of the Nova Scotia Hospital for the Insane while actually engaged as such, Registrars of Deeds, officers of Her Majesty's Courts, Justices of the Peace, members of the Corporations of the City of Halifax and towns of Dartmouth and Picton, the officers composing the staff of the army, the clerks belong ing to the several departments of the army, the officers and clerks belonging to and laborers employed in the Naval Yard, naval hospital establishment, the victualling estab lishment, and Her Majesty's Ordnance, or the departments of the Customs, and Excise, and Post Office, and provincial railroad; ministers, attorneys, physicians, surgeons, keepers of light houses, licensed ferrymen, teachers of acade mies, licensed schoolmasters, mail couriers, engine men and firemen, sworn electric telegraph operators, persons under twenty-one and above sixty years of age, and the cashiers or accountants and tellers actually employed in the several Jurors only lia ble to serve once banks, shall be exempted from serving on juries; and no CHAP. 92. person shall be liable to serve on grand or petit juries more than once in three years respectively, unless in cases where a new summons shall be issued for jurors to supply the place of jurors not attending as hereinafter directed. in three years. 4. The sessions shall once in every alternate year from Committee to reamong their number appoint a committee of not less than vise jury lists. three justices, resident in different sections of the county or district, for the purpose of preparing and revising the grand and petit jury lists of the county or district, and shall from time to time appoint others to act in the room of such as may die or be removed. committee, 5. The committee, having been sworn, shall have free Duty of revising access to all public papers and accounts, and shall prepare and revise the lists, and shall transmit copies thereof to the Prothonotary. jurors in Halifax 6. The General Sessions for the County of Halifax List of special shall, in addition to the committee of justices to prepare county. lists of grand and petit jurors, appoint biennially a committee to prepare and revise a list of not less than two hundred special jurors, well qualified to act as special jurors in the Supreme Court at Halifax ; and the names of such jurors shall be placed in a separate box in the usual man. ner, and all special juries ordered by the Court shall be drawn therefrom. sional districts 7. Except as hereinafter otherwise provided, every Counties or sescounty or sessional district where a county is divided into to be divided. districts, shall continued to be divided into eight sections into sections. arranged by the court of general sessions; such sections to contain, as nearly as possible, an equal amount of popula tion; and the committee appointed by such sessions shall return separate lists of the persons qualified to serve as grand jurors.. majority of jurors to con 8. The lists shall be valid if a majority of the justices Lists valid if appointed shall act in the compilation or return thereof. committee act. 9. The list of grand jurors shall contain all the Christian Lists of grand names, or one or more of the initials thereof, and the sur- tain names, adnames, of all those qualified to serve as grand jurors, their ditions, &c. places of residence, trades, callings or employments, and whether senior or junior, or any other appellation by which they may be usually called or known. jurors, like par 10. The list of petit jurors shall contain all the Christian Lists of petit names, or one or more of the initials thereof, and the surnames, of all those qualified to serve either as grand or petit jurors, their places of residence, trades, callings or employments, and whether senior or junior, or any other appellation by which they may be usually called or known. 11. When the list of jurors shall have been completed Copies of jury by the committee, a copy alphabetically arranged shall be ed; notice to be lists to be post given thereon, &c.; errors or omissions in. CHAP. 92. given by them to the Clerk of the Peace, and another copy to the Prothonotary, who shall forthwith thereafter post up a copy of such list in their offices, respectively, and keep the same posted up for at least one month; and such committee, or a majority thereof, shall meet in the county or district court house, within two months from the last day of the sessions at which they were appointed, to revise such lists-a notice of the time of holding such meeting to be given on such lists so posted up-and shall hear and decide upon objections to the correctness of such lists, either as to names appearing thereof, or as to names omitted therefrom. Corrected lists furnished to prothonotary, effect of omissions, &c. Lists of persons to be struck off or added. Lists to be posted in prothonotary's office; names drawn to be marked. Remuneration to committee revising lists. Improperly inserting or in lists, &c. 12. The committee shall thereupon forthwith furnish the Prothonotary with a copy of such lists so corrected and signed by them, and the lists shall be held valid, notwithstanding the omission of persons qualified or the insertion of the names of persons not qualified as grand or petit jurors, respectively. 13. The justices, in hereafter revising the jury lists, shall make a list of the names of those who, by reason of death or exemption, are to be struck out of the jury lists heretofore returned; and also a list of the names to be added to such lists, and the same upon being duly returned shall be struck out and added accordingly; and the same shall be considered a full revising of such jury lists; but the sessions or a judge of the Supreme Court may, at any time it shall be deemed advisable, direct the revising committee to make out and return full and fresh lists of jurors. 14. The list of jurors shall be kept posted up in the Prothonotary's office; and, when the juries are drawn to serve for each year, the Prothonotary shall mark opposite to the name of each person the year he was drawn to serve, and whether as a grand or petit juror. 15. The grand jury, in general sessions, shall vote annually a compensation of one dollar and fifty cents to each of the committee of justices who revise the lists as aforesaid, with travelling fees at the rate of five cents per mile coming and returning; and ten cents per folio per copies of the lists furnished by them. 16. Any justice appointed to revise such lists, who omitting names shall knowingly put any person thereon who is not quali fied, or omit any person who is qualified, or who shall wilfully neglect his duty in any other respect, shall be liable to a penalty of not less than forty nor more than two hundred dollars. When jurors not drawn for current year. 17. In any county or district where grand or petit jurors have not been drawn for the current year, a special sessions may appoint a committee of justices to revise the lists of jurors, and after the same are revised in manner |