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An Act to regulate the Summoning of Jurors in Lower Canada.

[ 28th July, 1847. ] THEREAS it is necessary to regulate with precision the mode of selecting and Preamble.

summoning Jurors in that part of this Province formerly Lower Canada, in Civil as well as in criminal matters, and to provide that Jurors may, so far as may be practicable, be taken from the locality in which the cause of action arises: Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and of the Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an Act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled, An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That each and every male All male perinhabitant of Lower Canada aforesaid between twenty-one years of age and sixty years qualified and of age, who shall be qualified in the manner hereinafter mentioned, (those exempted by between 21 this Act excepted) shall have a right and shall be liable to serve as a Grand Juror and be Jurors. as a Petit Juror in all the Courts of Lower Canada, as well for Civil as Criminal matters.

II. And be it enacted, That from and after the passing of this Act the Sheriffs of the Sheriffs to several districts of Lower Canada aforesaid, shall prepare or cause to be prepared, in the Grked ista rore manner hereinafter mentioned, two lists, the first containing the names of all persons residing within the limits of their respective Districts and qualified to serve as Grand Jurors at the terms of the Courts of Queen's Bench beld for the cognizance of Criminal matters, and at Courts of Oyer and Terminer and General Gaul Delivery ; and the second, the names of those qualified to serve as Grand Jurors at the Courts of General Sessions of the Peace; and shall also make lists of Petit Jurors and Jurors in civil cases And of Petit in the manner hereinafter provided.

Jurors.

III. And be it enacted, That the said Sheriffs respectively shall make or cause the Mode of maksaid lists of Grand Jurors to be made in the manner hereinafter prescribed for making ing lists, the lists of Jurors for Civil matters, and for Petit Jurors in Criminal matters, and shall And of depodeposit them in the same manner in the offices of the Clerks of the Courts for which they siting the samo shall have been made, and shall follow the same order of rotation in summoning ihe summoning Jurors.

Jurors.

IV.

Who shall be

as tenants.

IV. And be it enacted, Thạt the said Sheriffs shall not insert in the lists of Grand lists of Grande Jurors for the Courts of Queen's Bench and Oyer and Terminer, the name of any perJurorsmas proprietors or

son who shall not be a proprietor of real property of the yearly value of twenty-five pounds, currency, over and above all ground rents and incumbrances to which such real property may be liable, unless such person shall then occupy as tenant a house in one of the Cities of Quebec or Montreal, for which he shall bonâ fide pay a yearly rent of sixty pounds, currency, or upwards, or in the Towns of Three Rivers or Sherbrooke at the rate of forty pounds currency or upwards, nor unless such person shall have resided in the said Cities or Towns during one year before the time at which such lists . shall be made; and that the Sheriffs shall not insert in the lists of Grand Jurors for the Courts of General Quarter Sessions of the Peace, the name of any person not being a proprietor of real property or estate to the yearly value of fifteen pounds, currency, over and above all ground rents or incumbrances payable out of or affecting the same, unless such person shall occupy as tenant a house in one of the said Cities or Towns of Quebec or Montreal for which he shall bona fide pay a yearly rent of forty pounds, currency, or upwards, or in the said Town of Three-Rivers or of Sherbrooke at the rate of twenty pounds, currency, or upwards, and shall have resided therein for the length of time hereinabove mentioned.

And at the Quarter Sessions.

Proviso as to

a title to any

V. Provided always and be it enacted, That in the District of Gaspé every inhabitant shall be rem. whɔ shall bond fide have been in public and peaceable possession as proprietor, by od proprietors himself or by the persons from or through whom he derives his title, during the period in Gaspé.

of five years consecutively, of any immoveable property or hereditaments, the yearly value of which would qualify him to serve as a Grand Juror, (or a Petit Juror under the

provisions hereinafter contained,) shall be considered in all respects to be a proprietor Proviso: this

for the purposes of this Act: Provided nevertheless, that this Act shall not extend or be Act not to give

construed to extend to give to any such inhabitant a stronger title to such property than land in Gaspé. he would otherwise have had, nor to affect the rights of Her Majesty, nor those of any

other person, body politic or corporate whatever. Who shall be VI. And whereas by reason of the great extent of several Districts of Lower Canada, included in the

the unequal distribution of the population therein, and the difficulties of communication in many places, and other obstacles of the same nature, the summoning of Petit Jurors

in criminal matters, and of Jurors for the trial of Civil causes, from all parts of the said as proprietors. Districts respectively, would be accompanied by difficulties which are for the present

insurmountable: Be it therefore enacted, That in the lists of Petit Jurors in Criminal
matters, and of Jurors to attend the Superior Terms of the Courts of Queen's Bench,
the Sheriffs of the several Districts in Lower Canada shall include such persons only
residing within ten leagues around the place of holding the Courts in the several Dis-
tricts of Lower Canada respectively, in every Municipality or place, who are proprietors
of
any
real
property

the annual value of which shall be equal to ten pounds, currency, over and above any ground rent (rentc foncière) or incumbrance to which such property

shall be subject, and after the surname of every Juror shall add his Christian name, his Proprietors profession and his residence; shall also indicate every Juror who is proprietor of real and £25 to be property or hereditaments of the annual value of not less than fifteen pounds nor distinguished. exceeding twenty-five pounds, currency, the whole over and above any ground rent or

incumbrance with which such real property or hereditaments may be charged.

lists of Petit Jurors in Civil or in Criminal cases

between £15

VII. Provided always, and be it enacted, That for the District of Montreal, besides Províso as to the parishes or places within the extent of ten leagues as aforesaid, it shall be the duty in the Disof the Sheriff to take the Jurors from all and every the Parishes or places lying on the tricts of Monbanks of the St. Lawrence or Ottawa Rivers the distance whereof shall not be more than Quebec, fifteen leagues from the City of Montreal ; and for the District of Quebec, the Sheriff shall take the Jurors from all and every such parishes or places, lying on the banks of the River Saint Lawrence the distance whereof on the north shore of the said River shall not exceed ten leagues and on the south shore thereof fifteen leagues from the City of Quebec, and for the lists of Jurors in civil causes, to attend the Inferior Terms of the Court of Queen's Bench, the Sheriffs shall make similar lists of persons residing within that part only of the Districts within which such Court hath jurisdiction when sitting in Inferior Term.

VIII. And be it enacted, That the Sheriffs of the Districts of Quebec, Montreal, Three- Who shall be Rivers and St. Francis respectively, shall also inscribe on the said lists the names of inserted in the every person resident in the said Cities or Towns of Quebec or Montreal, occupying ed as tenants. any house as tenant and paying for the same a yearly rent of or above twenty-five pounds currency, and in the Town of Three-Rivers or of Sherbrooke of at least fifteen pounds per annum.

IX. And be it enacted, That in making the said lists of Jurors in each Parish, Town- Sheriffs in ship or place known as such and reputed to be such, the said Sheriffs shall have a right may require to require the Mayor, Assessors or Officers appointed to take the Census, and Senior the assistance Notary, Church-warden or Officer of Militia, or any of them, to assist in making out and of cipta oficem preparing the lists of all persons liable and qualified, according to the provisions of this and persons. Act

, to serve as Jurors and resident within the limits of every such Parish or Township, for which such Mayor or Officer shall respectively have been appointed, or wherein they shall respectively reside.

X. And be it enacted, That every such Mayor, Assessor, Officer appointed to take Penalty on the Census, or Senior Notary, Church-warden or Officer of Militia, who shall refuse or refusing their neglect to comply with the requirements of this Act respecting the formation of the said assistance. lists, shall thereby incur a penalty not exceeding five pounds currency, for the first offence, nor ten pounds currency for any subsequent offence.

XI. And be it enacted, That the lists of Jurors to be made as aforesaid under the The lists shall provisions of this Act, shall be made in duplicate, and signed by the said Sheriffs res- and where to pectively, who shall keep a duplicate deposited in their offices respectively; and the be deposited. other duplicates of the said lists signed as aforesaid shall be deposited as follows, that is to say: The lists made for each Circuit Court as hereinafter directed, shall be depo- For Circuit sited and shall remain in the keeping of the Clerk of such Circuit Court, and those of Juror's to attend the Superior and Inferior Terms of the several Courts of Queen's Q B. in civil Bench, sitting for the cognizance of Civil matters, in the Office of the Prothonotaries or Clerks of the said Courts respectively; the lists of the Grand Jurors for the Courts of And in CriQueen's Bench sitting for the cognizance of Criminal matters or of Oyer and Terminer, and of Petit Jurors at the said Court of Queen's Bench, sitting for the cognizance of criminal matters, and Courts of Oyer and Terminer, in the office of the Clerk of the Crown; and lastly, the respective lists of Grand Jurors, and the Petit Jurors to serve at the Courts of General Quarter Sessions, with the Clerks of the Peace respectively;

and

Courts.
For Court of

matters.

minal matters.

sions,

All persons to and all persons shall have free access to the lists so deposited in the Sheriff's Office, such lists, at and in the offices of the said Prothonotaries or Clerks between the hours of nine in the proper huurs.

morning and four in the afternoon of every day, without becoming thereby liable to the payment of any fee or charge whatsoever.

Mcde of mak. XII. And be it enacted, That in making out the lists of Jurors, for the several Courts ing up the lists for the Courts as aforesaid, the Sheriff shall successively insert therein, one after the other, the first from the local

name in every list made for the Parishes, Townships or places from which Jurors may lists,

be summoned to attend the Courts for which the list is to be made; and if any such list should contain double the number of names in another list, then the said Sheriff shall take two names from the most numerous list for every name taken from the list containing half as many, and a greater number in the same proportion, and successively from every other list, and shall insert the same in the lists for the said Courts in the

order hereinbefore directed, until the local lists shall have been gone through Lists for the XIII. And be it enacted, That the said lists of Jurors for the several Courts prepared Courts in Re

in the manner hereinbefore directed, shall be written in Registers in which the names gisters; form of such Regis- of the Jurors shall be entered one after another without interruption, and when the said

lists shall have been once made and deposited, as by this Act directed, they shall not tered except as be changed or altered in any manner whatsoever, except at the time and in the manner herein provide hereinafter directed.

ters.
Not to be al-

ed.

When the lists shall be renewed.

XIV. And be it enacted, That the said lists of Jurors shall be renewed and made in the manner hereinbefore directed, in the month of July in every second year after such list shall have been first made.

Mode of renewing the lists.

XV. And be it enacted, That the new lists shall be made by leaving out the names of all persons deceased or absent, or who shall during the preceding two years, have ceased to be qualified, and by adding the names of all new comers who shall be qualified at the time such lists shall be renewed, and without otherwise changing the order in which the first lists shall have been made.

Lists may be corrected by the Courts, on

XVI. Provided always, and be it enacted, That nothing contained in the preceding

sections of this Act shall be construed to prevent any such list from being altered or proof of error. changed ly order of the Judges of the Court of Queen's Bench sitting in Superior Term,

or by any Judge holding any Circuit Court, whenever complaint shall have been made before them by any person, that the Sheriff hath in making the said lists, made any error and inserted therein the names of persons who were not qualified to serve as Jurors at such Court, or hath omitted to insert therein the names of persons fit and qualified to serve as such, or that the said lists have not been made in the manner herein directed; in all which cases such Court may, on proof being made in a summary manner of the truth of such allegations, order the names of all unqualified persons to be struck out of such lists, or the names of the persons duly qualified to serve as Jurors to be inserted

therein, as the case may be, and as to law and justice may appertain. Circuit Judges XVII. Provided always, and be it enacted, That the Judge sitting in any Circuit may be in con: Court as aforesaid, may hear all remonstrances and complaints made before him with tain cases and respect to the local lists of Jurors of any class whatsoever hereinbefore mentioned, by report the any person within the Circuit in which he shall be so sitting, but shall, if the list be for

any

Court of Q. B.

any Court other than a Circuit Court, report the same to the Court of Queen's Bench, same to the in order that the whole matter may be brought before the Court of Queen's Bench at the next Superior Term thereof, and such further proceedings had with respect to the said remonstrances or complaints, as are directed by the preceding section of this Act, and as to law and justice shall appertain.

XVIII Provided always, and be it enacted, That nothing herein contained shall be This Act not construed to deprive any party to any cause of the right of challenging any Juror, who any rightool shall not be qualified in the manner herein required, or for any lawful cause of chal- challenge

, one

the lenge, nor to prevent the Judge or Judges from proceeding to determine the validity of Court trom such challenge, in the manner and according to the form prescribed by law.

trying such

challenge. XIX. And be it enacted, That all Grand and Petit Jurors who shall hereafter be Jurors in summoned to serve at any Court of Criminal Jurisdiction, shall be taken in turn by criminal matfollowing uninterruptedly and successively the order of the list, beginning at the name summoned in next after the names of those last summoned, and so on successively, until the number the order in on the list shall be entirely gone through, and then beginning again and going through names stand in like manner; and the names of the Petit Jurors so summoned shall be called over in

upon the list, the order in which they stand on the list, and the first twelve Jurors whose names shall Petit Jurors be so called, and who shall be present in Court, and shall not be lawfully challenged, not challenged shall be sworn for such trial ; and the said Clerk shall in every trial, begin at the name to be sworn next after that of the last Juror sworn, and so on until he shall have gone through the list, when he shall begin at the top thereof again, and go through it as aforesaid, omitting the names of any Jurors who may then be engaged in trying any case: Provided always, Proviso as to that at every Term of the Superior Courts of Criminal Jurisdiction, or at any Court of pumber of Oyer and Terminer, no more than sixty Petit Jurors shall be summoned, nor more than be summoned. thirty-six at every General Quarter Sessions of the Peace.

First twelve

c

XX. And be it enacted, That the Jurors for Criminal matters, shall in every case be Delay between sunimoned at least ten days before the day on which they shall be enjoined to attend, ing of Jurors and the Jurors in Civil matters at least six days before that on which they shall be en- and the time joined to attend.

when they are to attend.

cept for cause,

XXI. And be it enacted, That from and after the passing of this Act, those who shall Crown noi to sue or prosecute in the Queen's name in any Criminal cause, shall not in any case chal- challenge exlenge any Juror except for cause, and the ground of such challenge shall not be declared sufficient by the Court, unless legal proof shall be made of the truth of the fact alleged as forming the same ; and that no person arraigned for murder or felony shall be admit- Peremptory

challenges of ted to any peremptory challenge above the number of twenty.

the Prisoner

limited. XXII. And be it enacted, That the members of the Legislative Council and of the Certain funcClergy, School Masters not exercising any other profession, Advocates and Attorneys persons ea? practising in the Courts, the Prothonotaries or Clerks of the Courts of Queen's Bench, empted from or of the

Quarter Sessions of the Peace, or of the Circuit Courts respectively, the Coro- serving as Ju. ners, Gaolers, Keepers of Houses of Correction, Physicians and Apothecaries, and Pilots duly licensed, Military Officers on full pay, persons employed in the Public Offices, Officers of the Customs, Sheriff's Officers, and Constables or Bailiffs of the said Courts, are declared exempt from service as Jurors, and their names shall not be inscribed on the said lists, nor those of all persons already exempted by any law not hereby repealed.

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