Making of jury list.
Summoning ani attendance of jurors
Penalty.
Number of jury. Challenges.
Unanimity.
Provincial
Consular
Court,- Assessors, their number; qualifications
and functions.
252
ORDER IN COUNCIL
28. On or before the 14th day of September, in the year 1865, and on 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, no: 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 thinks 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 summou so many of the persons comprised in the Jury list, not fewer than fifteen, as seem requisite.
Any person failing to attend according to such summons shall be lible 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 be desires to do so). The Court shall consider the affidavit, and may, if it deem proper, remit the fine.
30. A jury shall consist of five jurors.
31. In civil and in criminal cases the like challenges shall be allowed as in England, with this addition,--that in civil cases each party may challenge three jurors peremptorily.
32. A jury shall be required to give an unanimous verdict.
33. Where a Provincial Court proceeds, in pursuance of this Order, to bear and determine any case, civil or criminal, with Assessors, the Court shall nominate and summon as Assessors, not less than two and not more than four indifferent British subjects of good repute, resident in the district of the Court.
Where, however, by reason of local circumstances, the Court is able to obtain the presence of one fit person only as Assessor, the Court may sit with him alone as Assessor; and where for like reason the Court is not able to obtain the presence of any fit person as Assessor, the Court may (uotwithstanding anything in this Order) sit without an Assessor; but in every such case the Court shall record in the minutes of proceedings its reasons for sitting with one Assessor only, or without an Assessor.
34. An Assessor shall not have voice or vote in the decision of the Court in any case, civil or criminal; but an Assessor dissenting in a civil
Original from UNIVERSITY OF MICHIGAN
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