16 Vic. cap. 120, Sec. 3. Clause substitu section 12 of the said Act. Meeting of Sclectors. Proviso. time have the actual charge or custody of the Assessment Roll or Assessment Rolls for every such City, Town, Village or Township for such year, to bring such Assessment Roll or Assessment Rolls to every such annual meeting of the Selectors of Jurors for such City, Town, Village or Township, and to permit the use of the same for the purposes aforesaid: Provided always, nevertheless, that the word Township as above used, and wherever else it occurs in this Act shall in all cases apply to Unions of Townships, all proceedings with respect to which under the same shall be such as if the Townships forming such Union were but one Township. [III. And be it enacted, That the following clause shall be substituted for the repealed twelfth section of the Act first above cited, and shall tuted for rep aled be read as part of the said Act: "And be it enacted, That the Selectors of Jurors for each City, Town, Village and Township in Upper Canada, shall annually, on the day mentioned in the next preceding section of this Act, or on the first day thereafter, not being a Sunday or other Statutory Holiday, if such first mentioned day be a Sunday or other Statutory Holiday, or if they shall have been unable to complete the duty hereby imposed upon them on such first day, proceed to seJect such names from such Rolls accordingly: Provided always, nevertheless, firstly, that after striking from the said Roll the names of all persons exempt from serving as Jurors on all of the divisions of Jurors inentioned in the thirteenth section of this Act, and also the names of those who, from not possessing a sufficient amount of property, or from other causes, are disqualified from serving as Jurors, according to this Act, the Selectors shall select, as qualified to serve on Juries, at least two thirds of the persons whose names may then remain on the said Roll: And provided also, secondly, that in case of an equality of votes amongst such Selectors of Jurors as to any one or more of the names to be so selected, or as to the Division of the Report of such Selectors in which any such name should be inserted in the distribution of such names as hereinbefore provided, or as to any other incidental question which may arise in the performance of the duty hereby imposed upon such Selectors, the Mayor or Townreeve, or in case of his absence or the vacancy of the office, the City, Town, Village or Township Clerk, or in the absence or vacancy of the offices of both, then the Assessor whose Roll for the year shall have contained the greatest number of assessed names, and in the case of joint Assessors the Assessor first named in the appointment of such Assessors, shall have a casting or double vote in the decision of the same."] Proviso. XIII. And be it enacted, That the said Selectors of Jurors having made such selection as hereinbefore provided, shall, for the of purpose the Report thereof to be by them made as hereinafter provided, distribute the names of the persons so selected from each Roll into four divisions; the first, to consist of persons to serve as Grand Jurors in the Superior Courts; the second, of persons to serve as Grand Jurors in the Inferior Courts; the third, of persons to serve as Petit Jurors in the Superior Courts; and the fourth, of persons to serve as Petit Jurors in the Inferior Courts, and shall make such distribution according to the best of their judgment, as to the relative competency of the parties with reference to the duties to be required of them respectively. number in each XIV. And be it enacted, That the said Selectors of Jurors shall Proportionate make such distribution amongst the said four divisions as nearly as division. may be in the following proportions, relatively to the whole number of persons so selected by them from each of such Rolls for that purpose as aforesaid, that is to say: one fifteenth, 'as nearly as may be, under the first of such Divisions; two fifteenths, as nearly as may be, under the second of such Divisions; four fifteenths, as nearly as may be, under the third of such Divisions; and eight fifteenths, as nearly as may be, under the fourth of such Divisions. duplesie reports dule A. annexed. XV. And be it enacted, That the said Selectors of Jurors shall Selectors to make thereupon make out in duplicate, under their hands and seals, or under in form of Schethe hands and seals of such of them as shall have performed such duty, a Report of such Selection and Distribution for every such Township, Village, or Urban Ward, which Report shall be, as nearly as may be, in the form set forth in the Schedule to this Act annexed, marked A, and be filled up agreeably to the directions contained in the notes to such Schedule, to which said Report shall be subjoined a written Declaration to be declaration subscribed by such Selectors of Jurors, stating, each for himself, that they had made such Selection and Distribution to the best of their judgment and information pursuant to this Act, and without fear, favour, or affection, of, to, or for any person or persons whomsoever, gain, reward, or hope thereof, other than such fees as they may be lawfully entitled to receive for the same under the authority of this Act; and one of such Duplicate Report shall, on or before the Where the sald fifteenth day of the same month of September, be deposited by such deposited. Selectors of Jurors, with the Clerk of the Peace for the County in which such Town, Village, or Township shall lie, or within the limits of which such City shall be embraced; and the other, with the City, Town, Village, or Township Clerk of such City, Town, Village, or Township respectively, which Clerks respectively shall keep the same on file in their respective offices, for the use and information of all who may have lawful occasion to examine or make use of the same; and in the event stroyed. of the loss or destruction of any such Duplicate Report, by fire or other accident, a copy thereof, made from the other of such Duplicates, and certified to be a true copy of such last mentioned Duplicate, by the Officer to whom the legal custody of such last mentioned Duplicate shall belong, shall and may be filed in the office in or out of which such first mentioned Duplicate Original was so lost or destroyed as repos shall be Renewal if de On assessors not making and re sessment roll in proper time. aforesaid, and shall and may be thenceforth taken, received, and acted upon in all respects as if it were the said Duplicate Original Report so lost or destroyed as aforesaid: Provided always, nevertheless, that in every such case of the destruction of any original Selectors' Report, it shall be the duty of the officer in whose office the same shall have been so destroyed, to procure as soon as reasonably may be, such a certified copy of such Report from the other officer to whom the legal custody of the other Duplicate Original of such Report shall belong, and to file the same in his office accordingly. LXX. And be it enacted, That if any Assessor of any Township, turning the as- Village, or Ward, in Upper Canada, shall neglect or omit to make out and complete his Assessment Roll for such Township, Village, or Ward, and to return the same to the office of the Clerk of such Township or Village, or of the City or Town in which such Ward shall be situated, or other office or place of deposit for such Roll, at least on or before the first day of September of the year for which he shall be such Assessor, every such Assessor so offending shall forfeit, for every such offence, the sum of Fifty Pounds, one moiety thereof to the use of Her Majesty, her heirs or successors, and the other moiety thereof, with full costs, to such person as shall sue for the same in any Court of competent jurisdiction, by action of debt, bill, plaint, or information: Provided always, that nothing herein contained shall be construed to relieve any such Assessor from the obligation of returning such Assessment Roll at an earlier period of the year, or from any penalty he may incur by not returning the same accordingly. Proviso. LXXI. And be it enacted, That if any City, Town, Village or Township Clerk, or any Assessor or other officer or person who, at the time of the annual meeting of the Selectors of Jurors for any City, Town, Village or Township in Upper Canada, shall have the actual charge or custody of the Assessment Rolls or Assesment Roll of such City, Town, Village or Township, for such year, shall neglect or omit to perform the duties required of him by the eleventh section of this Act, as regards the productions of such Roll or Rolls at such annual meeting of such Selectors of Jurors, or permitting such Selectors the necessary access to the same for the purpose aforesaid, every such Clerk or other Officer or person so offending shall for every such offence forfeit the sum of Twenty-five pounds, one moiety thereof to the use of her Majes ty, Her Heirs and Successors, and the other moiety thereof, with full costs, to such persons as shall sue for the same in any Court of competent jurisdiction, by action of debt, bill, plaint or information. LXXII. And be it enacted, That if any Selector of Jurors for any Township, Village or Ward in Upper Canada, shall wilfully select and report as qualified and liable to serve as a Grand or Petit Juror, any person who, according to the provisions of this Act, ought not to have been so selected or reported, or shall take any money or other reward for so selecting or reporting or omitting to select or report any person whomsoever, or shall wilfully insert in any such Report a wrong description of the name, place of abode, or addition of any one so selected and reported, or shall neglect or omit to complete his selection and Report, and to deposit the same in the proper office at least on or before the fifteenth day of September of the year for which he shall act as such Selector of Jurors, every such Selector of Jurors offending in any of the foregoing cases, shall, for every such offence, forfeit a sum not exceeding Twenty pounds, nor less than Five pounds, at the discretion of the Justice before whom he shall be convicted. dereliction of LXXIII. And be it enacted, That if any Clerk of the Peace, or on clerks of the Clerk of any such Recorder's Court of any City as aforesaid, or his peace for wiliul Deputy, shall, when acting in performance of the duties required of him duty by the eighteenth, nineteenth, twentieth, twenty-first, twenty-second, and twenty-third sections of this Act, neglect or omit to perform any duty required of him by those sections in the manner therein prescribed, or shall wilfully do any thing inconsistent with the provisions of the same, every such Clerk of the Peace, or other Clerk as aforesaid, or his Deputy, so offending, shall, for every such offence, forfeit the sum of Fifty pounds, one moiety thereof to the use of Her Majesty, Her Heirs or Successors, and the other moiety thereof, with full costs, to such person as shall sue for the same, in any Court of competent jurisdiction, by action of debt, bill, plaint or information. How pecuniary penalties shall be levied and applied. LXXIV. And be it enacted, That all fines to be imposed under this Act by either of Her Majesty's Superior Courts of Common Law at Toronto, or by any Court of Assize, Nisi Prius, Oyer and Terminer, Gaol Delivery, Sessions of the Peace, County Court, or Recorder's Court, shall be levied and applied in the same manner as any other fines imposed by the said Courts respectively, and that all other penalties hereby enacted (for which no other remedy is given) shall, on conviction of the offence, before any Justice of the Peace, within his jurisdiction, be levied, unless such penalty be forthwith paid, by distress and sale of the offender's goods and chattels, by warrant under the hand and seal of such Justice, who is hereby authorized to hear and examine witnesses on oath or affirmation on any complaint, and to determine the same, and to mitigate the penalty, if he shall see fit, to the extent of, the moiety thereof. And all penalties, the application whereof is not penalty where no herein particularly directed, shall be paid to the complainant; and for rected. want of sufficient distress, the offender shall be committed by warrant, non.payment. Mitigation of application is di Committal for 16 Vic. cap. 120,7 sec. 9. Clauses substi Sec. 81 of the said Act. Allowance to Selectors, and how payable. under the hand and seal of such Justice, to the Common Gaol or House of Correction, for such term not exceeding six calendar months, as such Justice shall think proper, unless such penalty is sooner paid. [IX. And be it enacted, That the following Clauses shall be subst tuted for the repealed eighty first Section of the Act first above ciel tuted for repealed as amended, and shall be read as part of the said Act: 1. "And be enacted, That the Selectors of Jurors, for every selection and distric tion of Jurors, and the Report thereof made by them under this Act. shall be entitled to such sum of money as shall be authorized to be awarded them by the Municipality of which they shall respectively be Officers; and that such sums of money shall be paid to them respe tively by the Treasurers (or Chamberlains, as the case may be,) of their respective Townships, Villages, Towns and Cities, in such manners such Municipalities may severally direct, and which moneys shaille paid by such Treasurers (or Chamberlains) to every such Selector of Jurors upon receipt of a Certificate from the Clerk of the Peace for such County or Union of Counties, that such report had been duly made to him within the time for that purpose prescribed by this Act." Fees to peace, and of 2. "And be it enacted, That the Clerk of the Peace of every such County or Union of Counties, and the Clerk of the Recorder's Court recorder's cours. Of every City, in which a Recorder's Court shall have been established shall be entitled to the following sums of money for the respective ser vices performed by them under this Act, that is to say: "For receiving and examining the Report of Selectors for each City, Town, Village and Township, causing any deficiency which may be found therein to be supplied, and filing the same in his Office, Two Shillings and Six Pence. "For giving Certificate to Selectors of Jurors of report having been made, Two Shillings and Six Pence. "For Blank Jurors' Book, the actual amount of the Stationers' charge. "For arranging alphabetically and in order, the names contained in Selectors' Report, per one hundred names, Ten Shillings. "For making up Jurors' Book, entering all the names and numbers, and all other matters required to be entered therein, per one hundred names, Five Shillings. "For each copy of the Jurors' Book required by this Act, per ove hundred names, Five Shillings. "For preparing on cards the ballots for Jurors' to correspond with numbers in Jurors' Book, per one hundred names, Two Shillings and Six Pence. "For each certificate required to be entered on Jurors' Book to verify the same, Five Shillings. "For balloting and entering each Jury List, per one hundred names Thirty Shillings. "For Copy of Jury List required to be entered, per one hundred names, Ten Shillings. |
