« PreviousContinue »
in and for the (City, Town or Township of, as the case may be) in the County of
for the Enregistration of Memorials, under the provisions of the Act of the Legislature of the Province of Canada, passed in the ninth year of Her Majesty's Reign, and intituled, An Act to consolidate and amend the Registry Laws of that part of this Province which was formerly Upper Canada, and of the Act of the said Legislature amending the same, and is provided in pursuance of the requirements of the said Statutes.
Dated this day of in the year of Our Lord, one thousand eight hundred and fifty
EXTRACTS FROM JURORS' ACTS.
13 & 14 VIC., CAP. 55, as amended by 14 & 15 VIC.,
CAP. 65., and 16 VIC. CAP. 120.
An Act for the consolidation and amendment of the Laws relative to
Jurors, Juries and Inquests, in that part of this Province called
Upper Canada. Whereas it is expedient to consolidate and amend the Laws now Preamble. in force in that part of this Province called Upper Canada, relating to Juries and Inquests, and those to be summoned to serve thereon, and to introduce such a system for the selection and return of Jurors as shall better secure public confidence in the impartial administration of Justice in the trial by Jury: Be it therefore enacted by the Queen's Most Excellent Majesty, &c.,
I. That every man, except as hereinafter excepted, over the age of w twenty-one years, residing in any County or in any City or the Liberties qualified as a thereof, or in any other local judicial division in Upper Canada, in the possession of his natural faculties and not infirm or decrepit, who shall be assessed for local purposes according to Law, for property, real or personal, or both, belonging to him in his own right or in that of his wife, to the amount hereinafter mentioned, shall be qualified and liable to serve as a Juror both on Grand and Petit Juries in Her Majesty's Superior Courts of Common Law at Toronto, having General, Criminal or Civil Jurisdiction throughout Upper Canada, and in all Courts of Criminal or Civil Jurisdiction within the County, Union of Counties, City or other local judicial division of the County in which he shall so reside.
Who shall be
II. And be it enacted, That no person shall be disqualified or relieved Parting with pron
to be deemed equally interest
perty after assess- from serving as such Juror in consequence of his having ceased to be
seized or possessed of the property in respect of which he may have been enrolled as such Juror, between the time of enrollment and his being called upon to serve as such Juror, nor shall the same form any
ground of challenge to such Juror. Joint proprietors III. And be it enacted, That whenever property shall be assessed on
st- the assessment Roll of any Township, Village or Ward, as the property
of two or more persons jointly, the Selectors of Jurors hereinafter mentioned to whom it shall belong to extract from such Roll the names of those thereon qualified and liable to serve as Jurors under this Act, may, and if they shall have the requisite information as to the names of the parties to enable them to do so, such Selectors shall, in making such extract, and for all the purposes of this Act, treat such property as if it belonged to such persons in equal proportions, and each of such persons as respects his qualification and liability to serve as such Juror shall be treated by such Selectors of Jurors in making such abstract as if he
had been severally assessed for such equal proportion of such property. 16 Vic., cap. 120. [II. And be it enacted, That the following clause shall be substituted
for the repealed fourth section of the Act first above cited and shall be tuted for repeal- read as part of the said Act: “ And be it enacted, That the amount of ing sect. 4 of the said Act.
property in respect of which every man shall be qualified and liable to
serve as such Juror, shall be determined by the relative amount of proProperty quali perty for which he shall be assessed on the Assessment Roll of the
Township, Village or Ward of which he shall be a resident inhabitant at the time of the annual election of Jurors, by the Selectors for such Township, Village or Ward as hereinafter provided, and that the mode for ascertaining the same shall be as follows, that is to say: The names of one half of the assessed Resident Inhabitants of the Township, Village or Ward, shall be copied from the Assessment Roll of such Township, Village or Ward, commencing with the name of the person rated at the highest amount on such Roll, and proceeding successively towards the name of the person rated at the lowest amount, until the names of one half of the persons assessed upon such Roll shall have been copied from the same; and the amount for which the last of such persons shall be assessed upon the said Roll, shall be that which shall qualify every Resident Inhabitant of such Township, Vil. lage or Ward, and render him liable to serve as such Juror."]
V. And be it enacted, That all persons of upwards of sixty years of &c., holding cer: age,-all Members of the Executive Council of this Province,—the tain offices, or exercising certain Secretary of His Excellency the Governor of the Province for the time Callings, exempt- being, and all officers and others in the service of the Governor for the
time being,—all officers of the Provincial Government, and all clerks and servants belonging to either House of the Provincial Parliament, or to the Public Departments of the Province,—the Warden of the Provincial Penitentiary, and all the officers and servants of the said Peni
Persons over 60
ed from serving as jurors.
tentiary,—all Judges of Courts having general jurisdiction throughout Upper Canada,--the Judges of the County Courts and the Judges of all other Courts, except the Quarter Sessions of the Peace having jurisdiction throughout any County, Union of Counties or City in Upper Canada,-all Sheriffs, Coroners, Gaolers and Keepers of Houses of Correction and of Lock-up Houses,—all Priests, Clergymen and Ministers of the Gospel, recognized by law, to whatever denomination of Christians they may belong,—all members of the Law Society of Upper Canada, actually engaged in the pursuit or practice of their profession, whether as Barristers or Students,-all Attorneys, Solicitors and Proctors actually practising,—all Officers of the Courts of Justice, whether of general County, City or other local jurisdiction, actually exercising the duties of their respective offices,—all Physicians, Surgeons and Apothecaries actually practising,—all Officers in Her Majesty's Army or Navy on full pay,—all Pilots and Seamen actually engaged in the pursuit of their calling,—all Officers of the Post Office, Customs and Excise,—all Sheriff's Officers and Constables,—all County, Township, City, Town and Village Treasurers and Clerks,—all Collectors and Assessors,—all Professors, Masters and Teachers of any University, College, County Grammar School, Common School or other School or Seminary of learning, actually engaged in performing the duties of such appointments respectively, and all officers and servants of any such University, College, School or Seminary of learning, actually exercising the duties of their respective offices or employments, all Millers, and all Firemen belonging to any regular Fire Company, shall be and are hereby absolutely freed and exempted from being returned and from serving as either Grand or Petit Jurors in any of the Courts aforesaid, and shall not be inserted in the Rolls to be prepared and reported by the Selectors of Jurors by virtue of this Act, as hereinafter mentioned.
VI. And be it enacted, That all Members of the Legislative Council and of the Commons House of Legislative Assembly of this Pro- Legislature and vince,—all Wardens of Counties or Unions of Counties, and all other functionaries Members of any County Council,—all Mayors, Townreeves and Deputy serving at certain Townreeves of any City, Town, Township or Village,—all Justices of the Peace, and all other Members and Officers of any Municipal Corporation, shall be and are hereby absolutely freed and exempted from being selected by the Selectors of Jurors hereinafter mentioned to serve as Grand or Petit Jurors in Her Majesty's Inferior Courts, and the names of such persons shall not be inserted in the Rolls from which Jurors are to be taken for such purpose, and if any such name shall have been accidentally inserted in any such Roll, it shall, if drawn in balloting any Jury list or drafting any Panel therefrom, be set aside
Members of the
certain municipal functionaries exempted from
arising from hav
and not inserted therein, and all such persons shall be moreover absolutely freed and exempted from being returned to serve as Petit Jurors upon any General Precept, to any Sessions of Assize or Nisi Prius, Oyer and Terminer or Gaol Delivery, and the names of such persons if drawn in drafting such Panel, shall be set aside and not inserted in the
same. Exemptions VII. And be it enacted, That every person whose name shall have ing actually been inserted in any of the Jury Lists as hereinafter provided, for the served as a juror within a certain years next before that in which his name shall be again drawn in any
of such Lists or for some prior year, within the Rule of Exemption hereby established, and shall have duly served on some Panel returned under a general Precept from such Jury List, until discharged by the Court to which such Panel was so returned, shall be exempt from having his name inserted in any of such lists for any subseqent year within such rule of exemption, that is to say, if the Juror’s Roll from which such name shall be drawn as hereinafter provided, shall contain a sufficient number of names to make two complete Jury Lists of the denomination of such Jurors' Roll, such person shall be exempt from having his name inserted in such Jury List if it shall appear by the Jurors' Book of the preceding year that his name had been inserted in any of the Jury Lists for that year, and that he duly attended and served upon any such Panel as aforesaid; and if there shall be a sufficient number of names on such Jurors' Roll to make three such complete Jury Lists, such person shall be exempt from having his name so inserted if it shall appear by either of the Jurors' Books of either of the two preceding years, that his name had been inserted in any of such Jury Lists for either of such years, and that he had so attended and served as aforesaid, for either of such years, and so on, toties quoties, allowing one additional year's exemption for each complete additional Jury List that such Jurors' Roll shall furnish as aforesaid.
VIII. And be it enacted, That notwithstanding any thing in this Act juror not to ex: contained, service as a Juror upon any Panel returned by the Sheriff of as a county juror, any County or Union of Counties, shall not exempt the person who shall
so serve from again serving as a Juror upon any Panel returned by the High Bailiff or other proper Officer of any City embraced within the Bailiwick of such Sheriff, though such service may be so required of such Juror within the period of exemption provided for by the next preceding section of this Act, nor shall any such service upon any Panel returned by the High Bailiff or other proper Officer of any such City, having a Recorder's Court established in the same, exempt the person who shall have so served from again serving as a Juror upon any Panel returned to any of the Superior Courts of Criminal or Civil Jurisdiction, by the
Service as a city
empt from service
and vice versa.
Sheriff of the County or Union of Counties within the limits of which such City shall be embraced: and the Jury Lists for such Superior Courts for such County or Union of Counties, and for such City respectively, shall be ballotted without any regard being had to any such service, but the inhabitants of every such City, and of the liberties Citizens exempt
ed from serving, thereof, shall be exempt from serving on Juries at any other than the except at certain City Courts, or on trials at the bar, of either of Her Majesty's Superior Courts of Common Law at Toronto, or at the Courts of Assize and Nisi Prius, Oyer and Terminer, and General Gaol Delivery for the County or Union of Counties within the limits or on the borders of which such City shall be situate.
IX. And be it enacted, That no man not being a natural born or Aliens disqualia naturalized subject of Her Majesty, is or shall be qualified to serve as a Grand or Petit Juror in any of the Courts aforesaid, on any occasion whatsoever, except only in the cases hereinafter expressly provided for. Exception.
X. And be it enacted, That no man who hath been or shall be attained persons attainted of any Treason or Felony, or convicted of any crime that is infamous, unless he shall have obtained a free pardon, nor any man who is under outlawry is or shall be qualified to serve as a Grand or Petit Juror in any of the said Courts on any occasion whatsoever.
XI. And be it enacted, That the Mayor or Townreeve, the City, Certain municiTown, Village or Township Clerk, and the Assessors or Assessor, if pobegele there be only one, of the respective Cities, Towns, Villages and Town- juro ships in Upper Canada, shall be ex officio Selectors of Jurors for every such Township and Village, and for each of the Wards of every such City or Town, and in the discharge of their duty as such Selectors shall 'assemble annually on the first day of September in each year, at the place where the Meetings of the Municipal Corporation of such City, Town, Village or Township shall be usually held, or at such other place within the jurisdiction of such Municipal Corporation as may for that purpose be appointed by the head of such Municipal Corporation, or in his absence, or the vacancy of the Office, by the Clerk of such Municipal Corporation for the purpose of selecting from the Assessment Rolls w or Assessment Roll of such City, Town, Village or Township, the names shall be selected. of such persons as being qualified and liable to serve as Jurors under this Act, shall from the integrity of their characters, the soundness of their judgments, and the extent of their information, be in the opinion of such Selectors of Jurors, or of a majority of them, most discreet and competent for the performance of the duties of a Juror; and it shall be Selectors to have the duty of such City, Town, Village or Township Clerk, or such ment rolis. Assessor or Assessors, or such other officer or person as shall at the
the use of assess