Procedure

when number qualified under one letter not

exhausted.

Return by selectors.

Voters' lists to

show persons qualified to

serve as

Jurors.

S. 20 of Jurors'

required to be returned from the Municipality of persons duly qualified shall be obtained; and at each subsequent annual meeting the selectors for the Municipality shall begin at the letter next to that at which they left off the preceding year, and so on in alphabetical order, until they shall have gone through all the remaining letters of the alphabet, when they shall again begin with the letter "A."

4. In the event of such selectors obtaining the names of a sufficient number of duly qualified persons after they have entered upon, but not before they have exhausted the entire number of those qualified under any one letter, they shall at the next annual selection commence at the beginning of such letter, but shall not select the names of any persons returned the preceding year. The selectors shall select at least twothirds of the persons whose names they have so written down, namely the two-thirds thereof in their opinion the best qualified to serve on juries, and shall place a number opposite each name of the said two-thirds so selected.

5. The selectors shall make out and return to the Clerk of the Peace the names of the persons so selected in alphabetical order.

12. In order to facilitate the selection of Jurors, the Clerk shall, in making out the voters' list, in the column containing the number of the voter on the roll or in a separate column provided for the purpose beside the same, write or mark the letter J upon the voters' list opposite the name of every male person over twenty-one and under sixty years of age who by such roll appears to possess the property qualification requisite to qualify him to serve as a juror. And such voters' list shall show, at or near the end thereof, the aggregate number of names of persons upon such list qualified to serve on juries; and it shall not be necessary for the selectors to refer to any name on the assessment roll which has not the letter J opposite it in the voters' list, unless the selectors suspect that some names are not properly marked, but this section shall not apply to townships where the qualification is ascertained under the sixth section of the Jurors' Act.

2. In Townships where the qualification of Jurors is governed by the sixth section of the Jurors' Act, the Clerk shall ascertain in the manner prescribed by the said sixth section of the said Jurors' Act, the number of persons in such Township who are qualified to serve on juries, and shall at or near the end of the Voters' List certify the number of persons so qualified.

13. Section twenty of the Jurors' Act is hereby repealed Act repealed and the following substituted therefor:

and new section substi

tuted.

Jurors to be selected by ballot.

20. The selectors shall then prepare a set of ballots, on pieces of parchment or paper of uniform and convenient size, containing

ing the same number of ballots as there are names selected, allowing one name to each ballot, and such ballot shall be numbered to correspond with the numbers opposite the names of the two-thirds selected, and the selectors shall then proceed to ballot for jurors the number required to be selected from such municipality by the county selectors.

of Munici

2. The Clerk of the Municipality shall, in a book to be kept for Record to be that purpose, enter the dates of the meetings of such selectors kept by Clerk for the Municipalities, the persons present thereat and taking pality. part therein, and the letters of the alphabet from which the selections of names of persons are from year to year made.

3. The manner of balloting shall be as follows:

(a). The selectors, or one of them shall place the ballots, cor- Manner of rectly numbered, promiscuously in a box or urn, to be by them balloting. procured for that purpose, and shall cause said box or urn to be shaken so as sufficiently to mix the ballots, and shall then openly draw from the said box or urn indiscriminately, one of said ballots, and declare openly the number on such ballot, whereupon the clerk or one of the selectors present, shall immediately declare aloud the name of the person opposite whose name the corresponding number is placed on the list;

(b). And thereupon the name and addition of the person whose name has been so selected, shall be written down on a sheet of paper provided for that purpose;

(c). Which being done, the selectors shall proceed in like manner to ballot and dispose of other numbers from the said box, or urn, until the necessary number has been completed.

14. The twenty-second section of the said Jurors' Act is hereby repealed, and the following substituted therefor:

s. 22 of Jurors' Act repealed, and new sec

22. The selectors shall make the distribution among the tion substifour divisions, so that each division shall contain the number tuted. of names required by the County selectors to be returned for such division, from the Municipality.

15. The forty-sixth section of the said Jurors' Act is here- S. 46 of Jurors' by repealed, and the following substituted therefor:

Act repealed and new sec

46. The County selectors shall be the selectors of Jurors tion substi from the Jurors' Rolls, within their respective Counties.

tuted.

16. All the words in the second sub-section of section Part of Sub-s. forty-eight of said Act after the words "at such court," in the 2 of s. 48 repealed. fifth line thereof, are hereby repealed.

17. The forty-ninth section of said Act and sub-sections S. 49 and subone, two, three, four, five, and six thereof are hereby repealed, and the following substituted therefor:

ss. 1-6 thereof repealed and new section substituted.

(49.) The last mentioned selectors of jurors shall then pro- Selection of ceed to select from the jurors' rolls the names of the requisite jurors from number jurors' rolls.

Clerk of Peace

to enter names of jurors selected.

SS. 52 and 53

number of persons to serve as jurors for such year who, in the opinion of the selectors or of a majority of them, are, from the integrity of their characters, the soundness of their judgment and the extent of their information, the most discreet and competent for the performance of the duties of jurors, and in making such selection the selectors may, if they think fit, select a proportion of the names for each jury list from each local municipality.

2. The selectors shall first proceed to select the grand jury list for the Superior Court, and when they or a majority of them have decided upon the selection of any person named on the jury rolls, the names and additions at length of such person shall, by the Clerk of the Peace, be forthwith inserted in the Minute-Book of the Court, unless good cause why the same should not be so entered shall be shown; and in order to determine the question, evidence may be taken by the selectors upon oath, and in such case a minute of the evidence shall be taken and entered in the Minute-Book of the Court.

18. The fifty-second and fifty-third sections of the said of Jurors' Act Jurors' Act are hereby repealed and the following substituted

repealed.

Number of

jurors to be

rolls.

therefor:

52. The number to be selected from the jurors' rolls for a selected from jury list, shall be the number of Grand Jurors and Petit Jurors for the Superior Courts and Inferior Courts respectively, that the County selectors have determined to be requisite for the year.

County selectors to deter

mine the number of Petit Jurors to be drafted and returned to each court.

Power to

amend resolutions.

Judges to issue

precepts to the Sheriffs.

19. The County selectors shall by resolution determine the number of Petit Jurors to be drafted and returned to any sittings of Assize and Nisi Prius, Oyer and Terminer, Gaol Delivery, General Sessions of the Peace, or County Court, for the current or ensuing year; and it shall be the duty of the Clerk of the Peace forthwith, thereafter, to transmit to the Clerk of the Crown, of the Court of Common Pleas at Toronto, and to the Clerk of the County Court, a certified copy of such resolution, and such officers shall keep the same on file in their respective offices.

20. The County selectors may amend any of their resolutions, and either increase or decrease the number of jurors to be selected and returned by the Municipalities, the number to be selected by such County selectors, or the number of Petit Jurors to be drafted and returned to any sittings of Assize, Nisi Prius, Oyer and Terminer, Gaol Delivery, General Sessions of the Peace, or County Court, and in such case due notice thereof shåll be given by the Clerk of the Peace, to the proper parties.

21. The Judges, Justices and others, to whom the holding of

any

any sittings of Assize and Nisi Prius, Oyer and Terminer, Gaol Delivery, General Sessions of the Peace, or County Court by law belongs, or some one or more of such Judges, Justices or others may for that purpose issue precepts to the Sheriff or other proper officer for the return of a competent number of Grand Jurors, for cases criminal for such sittings, and of such number of Petit Jurers as the County selectors of Jurors shall have determined, as the number to be drafted and returned for the trial of such issues or other matters of fact, in cases criminal and civil as it may be competent to such Petit Jurors to try at such sittings, according to law. Nothing in this Act contained, shall prevent such Judges, Justices or others, issuing such precept or precepts, from requiring in and thereby the return of any number of Petit Jurors greater than the number so determined, if in his or their opinion the same may be required, but they shall have, possess and exercise all such rights and powers in that behalf as they had prior to the passing of this Act.

may order ad

22. The Judge of the County Court for the County, after Judge of the issue of the precept to the Sheriff, may at any time prior County Court to the day appointed for the sittings of Assize and Nisi Prius, ditional jurors. or of the Courts of Oyer and Terminer, and Gaol Delivery, if it appears to him expedient, by order under his hand and seal, and the presiding Judge may at any time, before or during the sittings of such Court by order under his hand and seal direct the Sheriff to return any additional number of Petit Jurors to such sittings of Assize, Öyer and Terminer, and Gaol Delivery.

2. And the Judge of the County Court, or Chairman for the time being of the General Sessions of the Peace, after the issue of the precept may, at any time prior to or during the sittings of the County Court or General Sessions of the Peace, by order under his hand and seal, direct the Sheriff to return an additional number of Petit Jurors to the sittings of such County Court or General Sessions of the Peace.

3. The Sheriff shall upon the receipt of any such order proceed forthwith to dratt such additional number of Jurors in the manner provided by "The Jurors' Act," and shall add their names to the panel, and shall forthwith thereafter proceed to summon them.

to be returned.

23. The number of Petit Jurors to be returned on any Number of general precept, for the return of Petit Jurors for any sittings Petit Jurors of Assize and Nisi Prius, Oyer and Terminer, Gaol Delivery, General Sessions of the Peace, or County Court shall be the number determined by the County selectors; unless by the direction of the Judges appointed to hold such sittings of Assize and Nisi Prius, Oyer and Terminer, Gaol Delivery, Judge may order greater General Sessions of the Peace, or County Court, or one of or lesser them, who may by order or precept, under hand and seal, number.

S. 91 of Jurors' Act amended.

S. 151 of Jurors' Act amended.

S. 155 of Jurors' Act amended.

of Jurors'

direct that a greater or lesser number shall be the number to be returned or unless the Judge of the County Court shall as herein before provided otherwise order.

24. The following shall be added to the ninety-first section of said Jurors' Act:

"But when the Sheriff shall be directed to draft and summon additional Jurors under the provisions of this Act, such eight days' service shall not be necessary."

25. The one hundred and fifty-first section of The Jurors' Act is hereby amended by striking out the words "for the payment of Jurors," and by substituting therefor the words for the payment, summoning, drafting, selecting and enrolling of Jurors."

26. The following shall be added to the one hundred and fifty-fifth section of the said Jurors' Act:

"And the Clerk of the Peace shall be paid for his attendance at the meeting of the County selectors the same fees as a County selector."

S. 169, sub-s. 7 27. Sub-section seven of the one hundred and sixty-ninth Act amended section of the Jurors' Act is amended by adding after the word "information," in the seventh line thereof, the following:-" And every such action shall be tried by the Judge sitting alone, and without the intervention of a Jury, and when the same has been commenced in the County Court, the Judge of such County Court shall upon the application of either party thereto by his order direct that the same shall be tried at the Assizes, and the Record may thereafter be entered and the action tried at the Assizes."

28. This Act shall be and shall be construed and read as part of the "Jurors' Act."

29. There shall be added to the second sub-section of section one hundred and fifty-six the words "but one certificate for all the selectors for each Municipality shall be given;" and the fifth sub-section of said section one hundred and fifty-six is hereby repealed.

30. Sections fifty, sixty-two, sixty-six, and one hundred and fifty-eight, and the fifth sub-section of one hundred and fiftyseven of the Jurors' Act are hereby repealed.

31. Notwithstanding this Act and the repeal of the various sections thereby repealed the persons whose names have been selected and returned to the Clerk of the Peace for the year in which this Act shall come into force shall form the Jurors' roll for such year, and the County Selectors shall select the Jury Lists therefrom and the Panels shall be drafted from

such