SCHEDULE A.

ing due.

£.

Real.

Personal.

Real. Personal.

SCHEDULE B.

Dated at

this

day of

-, 18-.

An Act to amend and consolidate the Jury Laws of Upper

Canada.

[Assented to 16th August, 1858.]

XV.-PAYMENT OF JURORS.

1. GRAND JURORS.

provide

138. The several County Councils shall from time to County time by By-law, in their discretion, provide for the payment to Councils to Grand Jurors, either at the Courts of Oyer and Terminer and funds for General Gaol Delivery, or at the General Quarter Sessions, paying out of the County funds, such sum per diem as they deem Jurors. reasonable.

2. PETIT JURORS.

attending

Courts.

139.-Every Petit Juryman actually attending any of the Allowance to Courts of Assize and Nisi Prius, Oyer and Terminer, General petit jurors Gaol Delivery, General Quarter Sessions of the Peace, or certain. County Courts in Upper Canada, shall be entitled to receive in the manner hereinafter provided, the sum of one dollar per day, for every day he attends such Court, and the sum of ten cents per mile for every mile he necessarily travels from his place of residence to the said Court, or such other sums as the County Council by By-law from time to time fixes and determines, and the distance travelled shall be ascertained by the declaration of the Sheriff's Bailiff who summoned such Juror, or by the declaration of the Juror himself; but every Juror False declawho makes a false declaration respecting such distance, shall ration. forfeit his right to receive any payment for travelling to or attending such Court as a Juror.

140.-No Petit. Juror shall be entitled to any fee or allow Only fees, ance other than is provided by or under this Aet.

list for Petit

Jurors.

141.-Every Sheriff shall make a pay list for the Petit Sheriff to Jurors summoned to attend any of the aforesaid Courts in the make a pay form set forth in the Schedule to this Act marked C, and shall attend or cause some Officer to attend at the opening of the Court, on the morning of every day on which such Court sits for the trial of causes by Jury, and upon the Petit Jurors being called over, shall check and mark the word "present," or "absent," as the case may be, in the proper column of such list opposite the name of every such Juror, and on the last day of the sitting of such Court shall certify and return the said pay list to the Treasurer of the County.

Treasurer to pay the Jurors.

Allowances to Sheriffs.

List of Jurors to be called

over daily

142.-The said pay list, checked and certified as aforesaid, shall be a sufficient authority for the Treasurer to pay to each Petit Juror the sum to which he appears entitled, as certified by such list, and the Treasurer shall forthwith pay every such Juror the sum so appearing due to him on such list.

143.-Every Sheriff shall be entitled to receive from the Treasurer of the County of which he is Sheriff, such sum for each pay list, and such sum per diem for checking the same every day at the opening of the Court, and for certifying and returning the same to the Treasurer, as the County Council by By-law determines; and the Courts of Oyer and Terminer and General Gaol Delivery and of Assize and Nisi Prius, when holden at the same time and under the same precept and panel of Jurors, shall be one Court; and the County Court and General Quarter Sessions shall be one Court for the purposes of payment of Jurors, and the duty of calling over Jurors at the opening of the Court daily shall be performed by the Clerk of whichever of the said Courts respectively is first opened.

144.-The Marshal or Clerk of Assize, the Clerk of the County Court or Clerk of the Peace, as the case may be, shall, when Court at the opening of the Court, and before any other business is proceeded with, call over the names of the Petit Jurors, that the Sheriff or his Officer may check who are present or absent.

opens.

Jurors not

be fined.

145.-A Petit Juror, not appearing when so called, shall attending, to not be entitled to any pay for the day on which he makes default, and shall, for every default he makes during the day, be liable to such a fine as to the Court seems meet.

Sums to be paid with

record when entered for trial.

Record not

FUND FOR PAYMENT OF JURORS.

FEES ON ENTRY OF NISI PRIUS records.

146.-To the Clerk of Assize for every County, there shall be paid, with every record entered for trial or assessment, the sum of Three Dollars, and to the Clerks of the several County Courts the sum of One Dollar and Fifty Cents, which sums shall forthwith be paid over to the Treasurer, and shall form part of the fund from which Petit Jurors are to be paid.

147.-No Record shall be entered for trial or assessment to be entered unless the sums before mentioned are first paid.

unless sum

is paid.

The like in criminal

cases where

FEES IN CRIMINAL CASES.

148. In all criminal cases in which by law the party prosecuting or the party prosecuted is liable to pay the costs of either party the prosecution, the Officer of the Court shall charge against and receive from the party so liable the sum of Three Dollars

is liable to pay costs.

over and above the sum to which he is otherwise liable, and such sum of Three Dollars shall form part of the fund for the payment of Petit Jurors, and shall forthwith be paid over by the Officer receiving it to the Treasurer of the County in which the prosecution has been carried on.

wards pay.

Jurors.

149.-All fines and penalties imposed upon and levied in certain fines the several Counties in Upper Canada, not payable to the Re- to go to ceiver General or to any Municipal Corporation, and all fines ment of upon Jurors for non-attendance levied therein, shall be paid to the Treasurers of each of the said Counties respectively, and shall form part of the fund for the payment of Petit Jurors under this Act.

COUNTY COUNCILS TO SUPPLY DEFICIENCY.

provide

150.-In case the sums appropriated by this Act are not County sufficient to pay the said Jurors, the several County Councils Councils to shall raise and appropriate such sums of money as in their funds for judgment are sufficient to pay the Petit Jurors according to the Paying

terms of this Act.

Jurors.

clauses not

providing

Puch fund.

151.-The thirteen last preceding clauses of this Act being Certain sections numbered from one hundred and thirty-eight to one to apply to hundred and fifty, both included, shall not be in force in, or Counties not apply to any County during the present year in which the County Council of such County shall not have appropriated a sum of money for the payment of Jurors; and every County Council which shall not have made such provision shall, at the regular meeting in January next, make provision for, and appropriate a sum of money for payment of Jurors for such County; and in every such County, until such provision is made, every Petit Juror shall be allowed the sum of twentyfive cents in every cause in which he is sworn as a Juror in any civil case in the Superior Courts or at the Assizes, and the sum of twelve and a half cents in cases in the County Courts, such fee to be paid by the Plaintiff or his Attorney, and to be accounted for in costs by the party charged with the payment thereof.

tify Sheriff

152.-In every County in which a Petit Jury fund is or County Trea may be provided, the Treasurer of such County shall give surer to nonotice to the Sheriff of the County, who shall thereupon per- when funds form the duties imposed upon him under this Act.

are provided.

Cities bound

to contri.

153.-The Municipal Corporation of any County in Upper Canada of which a City forms part for judicial purposes, bute. may demand and recover from the Municipal Corporation of such City a portion of the expenses incurred by such County,