« PreviousContinue »
“For each Panel of Jurors drafted from the Jury List, per one hundred names on such Jury List, Ten Shillings.
“For entering each Panel in the Jurors' Book, with the numbers corresponding to the Jury List, Ten Shillings.
“ For making up aggregate Return in detail of Jurors, Twenty Shillings.
“For copy thereof and transmitting the same to Provincial Secretary, when required, and for Office Copy of the same, each, Ten Shillings. “That the Sheriff, High Bailiff or other Officer of every such County, Fees to
Sheriffs, high Union of Counties or City, shall, exclusive of such Fees as he may be bailiffs,' &c entitled to from the parties in any suit, be entitled to the following sums of money for the respective services performed by them under this Act, that is to say:
"For each Panel of Jurors, whether Grand or Petit, returned and summoned by him in obedience to any general precept for the return of Grand or Petit Jurors for any Sittings or Sessions of Assize and Nisi Prius, Over and Terminer, Gaol Delivery, Sessions of the Peace, or County or Recorder's Court, respectively, under this Act, Twenty Shillings.
“For Copy of such Panel to be returned in the Office of the Clerk of the Crown and Pleas of the Court of Queen's Bench at Toronto, Five Shillings.
“For every Certificate given to any Juror, when required by such Juror, of his having served, to evidence his exemption from serving again until his time for doing so shall return in its course, the sum of One Shilling and Three Pence, to be paid by such Juror;
“ The sum of Six Pence for every mile that the Sheriff or his Deputy or Bailiffs may necessarily and actually have had to travel from the County Town, for the purpose of serving Summonses on such Jurors.
"And that the Crier of every such Court of Quarter Sessions, or Fees to Criers. Recorder's Court, shall, for making the Proclamations, calling the names of all those drawn in the course of balloting such Jury Lists, and performing all other duties required of him under the said Act, be entitled to the sum of Fifteen Shillings, for every one hundred names so drawn.
“ Which several sums shall be paid by the Treasurer of such County Treasurer or or Union of Counties, or by the Chamberlain of such City, as the case pa may be, to such Officers severally, out of any moneys in his hands be- on what Jonging to such County, Union of Counties or City, respectively, not otherwise specially appropriated by Act of Parliament, upon proof by affidavit made before some Commissioner for taking affidavits in some one of Her Majesty's Superior Courts of Common Law at Toronto, for such County, or Union of Counties, of such several services having been executed, and of such travel having been so necessarily performed in the service of such Summonses. For all which moneys so to be
Chamberlain to pay the same, and
paid as aforesaid, every such Treasurer and Chamberlain shall be allowed in his accounts with such County, Union of Counties or City, as if the same had been paid under the special authority and direction of the Municipal Corporation of such County, Union of Counties or City, respectively: Provided always, nevertheless, That in all such cases when there shall be more than a hundred or an even number of hundreds of such dames, if the broken number beyond such hundred or hundreds shall fall short of fifty names, the same shall not be reckoned, and if such broken number shall amount to fifty names or upwards, the same shall be reckoned as a full hundred, but in all cases of there being altogether less than a single hundred, the same shall be reckoned as a full Lundred.”]
SCHEDULE A. REPORT OF THE SELECTION AND DISTRIBUTION OF JURORS. For the Township of Albion (or for the ward of St. James, in the City of Toronto,) in
the County of York, for the year 1851, made at the Town (or City) Hall of the said Township (or City,) by A. B., Townreeve (or Mayor,) C. D., Town (or City) Clerk, and E. F., G. H. and I J., Assessors of the said Township (or Ward, on the day of in the year 1850, pursuant to the directions of the Act of Parliament of (1)
We, the above-named Selectors of Jurors for the Township of Albion (2) do hereby solemnly declare, each severally for himself, that we have made the Selection and Distribution of Jurors in this Report from the Assessment Roll of the said Town
(1) Here insert the year and chapter. (2) Or as the case may be.
ship for the present year to the best of our judgment and information, pursuant to
A. B. (L. S.] Townreeve.
E. F. [L. S.] Assessor.
(1) Here insert the year and chapter.
ACT 14 & 15 VIC. CAP. 1 4.
An Act to provide for the payment of Petit Jurors in Upper Canada.
Be it eracted by the Queen's Most Excellent Majesty, &c., That every A Petit Juryman actually attending any of the Courts of Assize and sending certain Nisi Prius, Oyer and Terminer, General Gaol Delivery, General Quarter Sessions of the Peace, or County Courts in Upper Canada, shall be entitled to receive and be paid, in the manner hereinafter provided, the sum of Five Shillings per day, for every day he shall attend such Court, and the sum of Six Pence per mile for every mile he shall necessarily travel from his place of residence to the said Court, or such other sums as any County Council shall by By-law from time to time fix and determine, and that the distance shall be ascertained by the declaration of the Sheriff's Bailiff summoning such Juror, or by the declaration of the Juror himself: Provided always, that any false declaration respect- Provis): false ing the distance of such party's residence, shall forfeit the right of forfeit allowance. every Juror making such false declaration to receive any payment for travelling or attending such Court as Juror; and provided also, that proviso. no Petty Juror shall lie entitled to any fee or allowance other than is provided by this Act.
II. And be it enacted, That it shall be the duty of every Sheriff to a Pay List for make a pay list for the Petit Jurors summoned to attend the said Courts, in the form set forth in the Schedule to this Act, and to attend or cause some Officer to attend at the opening of the said Courts, on the morning of every day such Court shall sit for the trial of causes by Jury, and upon the Jurors being called over, shall check and mark the word
Sheriff to make
And to transmit it to Treasurer.
Treasurer to pay the Jurors.
+ “present,” or “ absent,” as the case may be, in the proper column of
such list opposite the name of every Juror, and on the last day of the sitting of such Court shall certify and return to the Treasurer of the County the said pay list.
III. And be it enacted, That the said pay list, checked and certified as aforesaid, shall be a sufficient authority for the Treasurer to pay to each Juror the sum to which he shall appear entitled, as certified by such list, and it shall be the duty of the Treasurer forthwith to pay every Juror the sum so appearing due to him on such list.
IV. And be it enacted, That every Sheriff shall be entitled to receive from the Treasurer of the County of which he is Sheriff such sum for each pay list, and such sum per diem for checking the same every day at the opening of the Court, and for certifying and returning the same to the Treasurer as the County Council by By-law shall determine; Provided always, that the County Court and General Quarter Sessions shall be one Court for the purposes of this Act, and the duty of calling over Jurors at the opening of the Court daily shall be performed by the Clerk of that Court, whether County Court or Quarter Sessions which
shall first be opened. List of Jurors to V. And be it enacted, That it shall be the duty of the Marshal or
Clerk of Assize, the Clerk of the County Court or Clerk of the Peace, as the case may be, at the opening of the Court, and before any other business is proceeded with, to call over the names of the Petty Jurors, that the Sheriff or his Officer may check who are present or absent.
VI. And be it enacted, That every Juror not appearing when so called shall not be entitled to any pay for the day on which be makes default in appearing at the opening of the Court, and shall, for every default he shall make during the day, be liable to such a fine as to the
Court shall seem meet. Sums to be paid VII. And be it enacted, That to the Clerk of Assize for every County entered fur trial. there shall be paid, with every record entered for trial or assessment,
the sum of Fifteen Shillings, and to the Clerks of the several County Courts the sum of Seven Shillings and Six Pence, which sums shall forth with be paid over to the Treasurer, and shall form part of the fund from which Jurors shall be paid as hereinbefore provided : Provided always, that no Record shall be entered for trial or assessment unless the sums before mentioned are paid.
VIII. And be it enacted, That in all criminal cases in which by law either party is li- the party prosecuting or the party prosecuted shall be liable to pay we
costs of the prosecution, it shall be the duty of the Officer of the Courty
be called over daily, when Court opens.
Jurors not attending to be fined.
Sums to be paid with record when
The like in criminal cases, where
ahle 10 pay costs.
go towards pay
County Councils to provide funds
may provide for
to charge against and receive from the party so liable the sum of Fifteen Shillings, over and above that to which by law he was beretofore liable, which sum shall form part of the fund for the payment of Jurors, and shall forthwith be paid over by the Officer receiving it to the Treasurer of the County in which the prosecution is carried on.
IX. And be it enacted, That all fines and penalties imposed upon and Certain fines to levied in the several Counties in Upper Canada, not payable to the meni of Jurors Receiver General, and all fines upon Jurors for non-attendance levied in such County, shall henceforth be paid to the Treasurers of each of the said Counties respectively, and shall form part of the fund for the payment of Jurors under this Act.
X. And be it enacted, That the several County Councils in Upper County Councils Canada are hereby authorized to raise and appropriate such sum or for paying Jusums of money as in their judgment shall be sufficient to pay the Jurors according to the terms of this Act, in case the sums appropriated by this Act shall not be sufficient to pay the said Jurors.
XI. And be it enacted, That the several County Councils are hereby County Councils authorized by By-law, in their discretion, to provide for the payment to payment of Grand Jurors, either at the Courts of Oyer and Terminer and General Gaol Delivery, or at the General Quarter Sessions, out of the County funds, such sum per diem as they shall deem reasonable.
XII. And be it enacted, That the foregoing clauses of this Act shall Act not to apply not be in force in or apply to any County in Upper Canada until the providing such County Council of such County, desirous of availing themselves of the provisions of this Act, shall appropriate such a sum of money as will in their judgment, with the moneys applicable under this Act, form a fund sufficient to pay Jurors under the provisions hereinbefore contained, or in which the County Council shall not appropriate a sum of money for payment of any deficiency that may occur in the Jury fund of such County:
XIII. And be it enacted, That in every County or Union of Coun- County Treasuties in which a Jury fund shall be provided, the Treasurer of such Sheriff, when County or Union of Counties shall give notice to the Sheriff of such vided, &c.' County, who shall thereupon perform the duties imposed upon him under this Act.
XIV. And to prevent unnecessary delay and expense, Be it enacted, Court may order That every Court or Judge sitting for the trial of causes by Jury, may, entered.&e, on in the discretion of such Court or Judge, peremptorily order the records sitting. to be entered, and the business of the Court to be proceeded with, on the first day of the sitting of the Court; any usage to the contrary notwithstanding.
to Counties tiot
rer to notify
the first day of