708 General JUDICATURE. sent to mit to the Attorney-General a list of all the criminal cases to Attorney- be tried at the next term or session of any court of criminal Jurors not to jurisdiction about to be held; and the clerk of the Crown or be summoned clerk of the peace shall not give instructions to the said sheriff unless by his to summon a panel of grand and petit jurors for such term, unless authorized to do so by the Attorney-General. authority. Court to meet notwithstand ing. Court may order summoning of jurors. Validity of proceedings at adjourned sittings. Every such court shall nevertheless meet at the time fixed by law; and if thereupon it appear to the court to be necessary for the investigation or trial of any case coming before it, the court may then direct the sheriff to summon the usual number of persons to serve as grand or petit jurors before such court on any day to which it may be adjourned. All proceedings, had at and before such adjourned court, shall be as valid as if held at or before such court at the ordinary time of holding it; and any judge, holding any such adjourned court, shall adjourn the same from day to day, so long as there is any business before it; but nothing herein contained shall business not prevent the court, in the absence of grand and petit jurors, from proceeding with the despatch of such business as does not require the presence of either. 46 V., c. 16, s. 39. Court may proceed with requiring jurors. Instructions to be given sheriff and 2657. In each district, the clerk of the Crown or clerk of the peace, as the case may be, shall with the authorization of when to sum- the Attorney-General as aforesaid, give, at least thirty days be fore the term of the court, instructions to the sheriff to summon the grand and petit jurors. 47 V., c. 11, s. 4. mon jury. Duty of sheriff on re ceiving 2658. Immediately after receiving instructions to summon the grand and petit jurors, the sheriff shall prepare a summens instructions. to each juror, whose name is on the panel and whose attendance is required for the next following term. Service of summons, by The summons may be served by any bailiff of the Supe whom made. rior Court, or by any person of age and able to read and write, and such service shall be established by a certificate, stating whether it was made personally, or upon a reasonable member of the family, the name of the juror, the day, hour and place of service, and the distance necessarily travelled in order to effect such service. 46 V., c. 16, s. 40. Returns of such services. Return when service not made. Summoning of jurors. 2659. The certificate of the bailiff shall be on his oath of office; and the certificate of any other person shall be sworn to before a justice of the peace, the sheriff or his deputy. In the event of the summons not being served, either because the person, whose attendance is required as juror, is dead, or no longer resides within the municipality, or cannot be found, such facts shall also be mentioned in the certificate 46 V., c. 16, s. 41. 2660. The sheriff is obliged: JURORS AND JURIES. a. To cause the jurors upon the first panel which he has prepared to be summoned at least fourteen days before the first juridical day of the term, and b. To cause the jurors upon the supplementary panel to be summoned at least six days before the term, so as to replace those who either could not be summoned or who have given notice of their intention to claim exemption; 2. In the case of subsequent panels: a. To cause the jurors therein mentioned to be summoned six days before the date upon which they are called upon to appear before the court, and b. To cause the supplementary jurors upon such panels to be summoned at least forty-eight hours before the date upon which they are obliged to appear; 3. In the case of article 2653 to cause them to be summoned in accordance with clause b of paragraph 2 of this article. 47 V., c. 11, s. 5. 709 2661. A fee of thirty cents is allowed for each service upon Fees for sera juror, and twenty cents per mile necessarily travelled to vice upon effect such service, but nothing is allowed for returning. jurors; mileSuch fees shall be paid by the sheriff out of the building By whom and jury fund. 46 V., c. 16, s. 43; 49-50 V., c. 10, s. 1. age. paid. upon sum claimed. 2662. In every summons served upon any juror, requiring Notice to be him to attend and serve as a juror, a notice shall be inserted endorsed informing such juror that, if he intend to claim exemption mons to juror, from serving as such juror, under articles 2620 and 2621, he as to exempmust, within three juridical days from the service of such tion to be summons, furnish the sheriff with an affidavit in writing, sworn to before a justice of the peace, or before the sheriff, or his deputy, establishing the ground of his claim to exemption; and if such juror neglect so to do, he shall not be allowed the If juror fail benefit of such exemption. 46 V., c. 16, s. 44. to comply with notice. those con 2663. No juror shall be exempt for any other reasons than Exemptions those set forth in articles 2620 and 2621; nevertheless the of jurors are court or judge may, if convinced that the public interest tained in admits of such exemption being allowed, and on motion in articles 2620 writing, supported by an affidavit setting forth the ground of and 2621, but the exemption and the reason why it was not claimed within allow others. the above mentioned delay, allow it. court may of a partner Likewise, when two or more members of a commercial Exemption of partnership have been summoned to serve as jurors before any all members court of justice, the court or presiding judge may, in its dis- ship but one. cretion, exempt all the members of such partnership except one, although no notice has been given of an intention to claim the benefit of exemption. 46 V., c. 16, s. 45. 2664. Immediately upon receipt of such affidavits, pro- Sheriff's duced in support of claims for exemption, the sheriff shall add duty, on to the panel a further number of jurors, equal to the number receiving notice of claim for exemption on behalf of any juror, to sum mon others. of those who have furnished such affidavits, and those on the panel who have not been served with a summons, by reason of death, absence or other sufficient cause; which names shall be taken from the jury lists in the manner hereinabove established. Summoning The sheriff shall proceed to summon such additional jurors of additional in the same manner as if they had been upon the panel in the jurors. first instance. 46 V., c. 16, s. 46. Application of foregoing provisions to such jurors. Duty of sheriff as to panel respecting jurors claiming exemption. Return of panel by sheriff with his proceed 2665. All the provisions herein before contained, as to notice to jurors respecting intended claims for exemptions, the mode of claiming exemption, the invalidity of a claim for exemption without previous affidavit, and the summoning of additional jurors in the place of those not served with a summons, or who have furnished an affidavit in support of their claim for exemption, shall apply to the jurors so added to the panel, in the same manner and to the same extent as to the jurors placed on the panel in the first instance. 46 V., c. 16, s. 47. 2666. The sheriff shall, before returning the panel before the court, state opposite the name of each juror who has furnished an affidavit, the fact that such affidavit has been furnished and the reason given by such juror in support of his claim. 46 V., c. 16, s. 48. 2667. The sheriff shall return, before the court, the panel, as first prepared by him, together with additions made to such panel; and shall also report his proceedings, including the ings thereon. certificates of service upon or attempts at serving those persons whose names appear in such panel and in such additions. 46 V., c. 16, s. 49. Discharge of surplus jurors summoned. Jurors discharged deemed to have served. Summoning of second panel. For what day 2668. If, in consequence of the disallowance of claims for exemption, there remain more than sixty jurors in attendance upon the court, the surplus number of jurors may be discharged by the court; such surplus number being taken from amongst the names added to the panel first made, commencing at the end thereof, unless specially otherwise ordered by the court; but such discharged jurors shall be considered as having served at the term of the court for which they were summoned. 46 V., c. 16, s. 50. 2669. If it appear, either previous to or during any term of the Court of Queen's Bench or any court of general sessions of the peace, that the number of cases to be tried will require a second panel of jurors, the court or any judge thereof may, on application of the representative of the Crown, order the sheriff to summon a second panel of petit jurors, in the same manner and containing the same number as the first panel. Such second panel of petit jurors shall, for the Court of of the term. Queen's Bench, be summoned to attend on the twelfth juridical day of the term thereof, and for the court of general sessions of the peace, on the tenth juridical day of the session thereof. Such second panel of petit jurors shall attend and serve for How long the residue of every such term or session, unless the court has jurors on second panel ordered a third panel, in which case they shall not serve for shall serve. more than eleven days for the Court of Queen's Bench, or nine days for the court of general sessions of the peace. When a second panel of jurors is summoned, as aforesaid, Discharge of for any term or session, the jurors on the first panel shall be jurors upon first panel discharged on the eleventh juridical day of such term, or on when second the ninth juridical day of such session, as the case may be. 46 panel is sumV., c. 16, s. 51. moned. 2670. Whenever the court is of opinion that the business Summoning of the term or session is likely to necessitate the attendance of of third panel. the jurors summoned on the second panel, for a period of more than fourteen juridical days in the Court of Queen's Bench, or for more than eleven juridical days in the court of general sessions of the peace, such court may, at the instance of the representative of the Crown, specially authorized by the Attorney-General, order the sheriff to summon a third panel, in the same manner, and containing the same number of jurors, as the second panel; and the jurors, summoned on such third panel, shall serve during the remainder of the term or session. Such third panel of petit jurors shall, for the Court of For what day Queen's Bench, be summoned for the twenty-third juridical of the term. day of the term, and for the court of general sessions of the peace, for the nineteenth juridical day of the session. 46 V., c. 16, s. 52. §2.-Summoning of Jurors in Civil Cases. 2671. Summons and other proceedings relative to jurors in Summoning, civil cases are governed by articles 357 and following of the &c., of jurors Code of Civil Procedure. 46 V., c. 16, s. 53. in civil cases. SECTION VI. ALLOWANCE TO JURORS. 2672. Every petit juror summoned, whose domicile is out- Allowance to side of the limits of the municipality where the court is held, jurors. shall receive an allowance of one dollar for each day he is necessarily absent from his place of residence to serve before the court; every juror, whose domicile is within the limits of the municipality where the court is held, shall receive an allowance of fifty cents. This allowance is paid by the sheriff, on a certificate of the By whom clerk of the peace, or clerk of the Crown, as the case may be. paid. The counties of Gaspé and Bonaventure shall each be con- Gaspé and sidered as one district for the purposes of this article. 46 V., Bonaventure. c. 16, s. 54. SECTION VII. Penalty for of this chapter. PENALTIES. 2673. Every sheriff, prothonotary, clerk of the peace, or infringement clerk of the Crown, who wilfully or negligently offends against any of the provisions of this chapter, shall, for the first offence, incur a penalty not exceeding sixty dollars, nor less than forty dollars; for the second offence, a penalty not exceeding eighty dollars, nor less than sixty dollars; and for the third, or any subsequent offence, a penalty not exceeding two hundred dollars, nor less than one hundred dollars. 46 V., c. 16, s. 55. Penalty fault to appear. 2674. Every person summoned to serve as a juror under against juror the authority of this chapter, who refuses or neglects to making deappear in obedience to the summons, without assigning some lawful cause or excuse therefor, in addition to not being entitled to be paid, shall, further, incur a fine for each offence not exceeding five dollars, nor exceeding in the aggregate fifty dollars for all of such offences committed during the same term of any court. How imposed. forward Such penalties shall be imposed, sitting the court. 46 V., c. 16, s. 56. Penalty upon 2675. Every clerk or secretary-treasurer of any munici elerk or pality, who shall, after a notice of six days, neglect to transmit secretarytreasurer to the sheriff any extract or supplement required of him under neglecting to this chapter, or who shall fail to comply with the other provisions of this chapter, shall incur a penalty of twenty dollars supplement and a further penalty of five dollars for every day, subsequent to the service upon him of any information or complaint for such neglect, during which he shall continue to be in default. 46 V., c. 16, s. 57; 47 V., c. 11, s. 6. extract or to sheriff. Application of penalties. How enforced. Imprisonment in default of ties. 2676. The penalties hereby imposed shall belong to the building and jury fund for the district in which the offence occurred. Such penalties shall be levied, on a rule or order of the court, by the high constable or a bailiff of the district, upon the goods and chattels of the person fined, in the manner prescribed by the Code of Civil Procedure for the seizure and sale of moveable effects. 46 V., c. 16, s. 58. 2677. Upon the return of the high constable or of the bailiff entrusted with the execution of the rule or order, to the moveables to effect that the person, against whom he has proceeded under satisfy penal- articles 2674, 2675 and 2676, has no goods and chattels, or that his goods and chattels are insufficient to satisfy such seizure, a warrant of arrest may issue against such person, who shall thereupon be imprisoned for not more than fifteen days in the discretion of the court; and the court may, at any time, reduce, mitigate, or remit the penalty or terminate the imprisonment. 46 V., c. 16, s. 59. Power of court to reduce, &c., penalty, &c. |