Exemptions,
Making of jury list,
Summoning and attendance of jurors.
Penalty,
Yumber of jury.
6
ORDER IN COUNCIL.
crime that is infamous (unless he has obtained a free pardon) and not being under outlawry,-shall be qualified to serve on a jury.
27. All persons so qualified shall be liable so to serve, except the following:-
Persons in Her Majesty's Diplomatic, Consular, or other Civil service
in actual employment;
;
Officers, clerks, keepers of prisons, messengers, and other persons
attached to or in the service of any of Her Majesty's Courts Officers and others on full pay in Her Majesty's Navy or Army, or in actual employment in the service of any Department connected therewith;
Persons holding appointments in the Civil service, and Commissioned Officers in the Naval or Military service of the Emperor of China or of the Tycoon of Japan;
Clergymen and ministers in the actual discharge of professional duties; Advocates and attorneys in actual practice;
Physicians, surgeons, and apothecaries in actual practice;
And except persons disabled by mental or bodily infirmity.
28. On or before the 14th day of September, in the year 1865, and or before the 14th day of January in every subsequent year, each Court shall make out a list of the persons so qualified and liable, resident within its district.
The list shall, on or before the 21st day of the same respective month, be affixed in some conspicuous place in the Court, and shall be there exhibited until the end of that month, with a notice annexed that on a day specified, not being sooner than the 7th nor later than the 14th day of the then next month, the Court will hold a special sitting for the revision of the list.
The Court shall hold such special sitting accordingly, and at such sitting, or at some adjournment thereof (of which public notice shall be given), shall revise the list by striking out the name of any person appearing to be not qualified or not liable to serve, and by inserting the name of any person omitted and appearing to be so qualified and liable, either on the application of the person omitted, or on such notice to him as the Court things fit.
The list shall be finally revised and settled not later than the 21st day of October in the year 1865, and not later than the 21st day of February in every subsequent year, and when settled shall be affixed in some conspicuous place in the Court, and be there exhibited during not less than two months.
Such list, as settled, shall be brought into use in the year 1865, on the 1st day of November, and in every subsequent year on the 1st day of March, and in every case shall be used as the jury list of the Court until the 1st day of March next after the time of its being brought into use.
29. Where, in pursuance of this Order, a jury is ordered, the Court shall summon so many of the persons comprised in the jury list, not fewer than fifteen, as seem requisite.
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Any person failing to attend according to such summons shall be liable to such fine, not exceeding 50 dollars, as the Court thinks fit to impose.
Any such fine shall not be levied until after the expiration of 14 days. The proper officer of the Court shall forthwith give to the person fined notice in writing of the imposition of the fine, and require him within six days after receipt of the notice to file an affidavit excusing his non-attendance (if he desires to do so). The Court shall consider the affidavit, and may, if it deems proper, remit the fine.
30. A jury shall consist of five jurors.