A.D. 1894.

(1)

ANNO QUINQUAGESIMO SEPTIMO

ET

QUINQUA- GESIMO OCTAVO

No. 601.

An Act to amend the Law relating to Jurors in the Northern Territory.

[Asseflted

to,

December zrst, r8pg.I

E it Enacted by the Governor of the Province of South AUS-

B

tralia, with the advice and consent of the Legislative Council and House of Assembly of the said province, i n this present Parlia- ment assembled, as follows :

1,

This Act may be cited as ^{C c}The Northern Territory Jury Act, 1894."

Preamble.

Short title.

De uty S h d to

P

rna e out jury list from pemona residiug within jury diatrict for Palmerston Circuit Court,

2,

As soon after the publication of a Proclamation constituting a jury district for Circuit Court of the Palmerston Circuit District as shall be practicable, and at such other times thereafter as the Governor may from time to time direct, the Deputy Sheriff in the Northern ~ e i ~ r i t o r ~ shall make out a list, in alphabetical order, of all persons qualified and liable to servc as jurymen in the Northern Territory aforesaid, and who shall reside within such jury district;

and shall write the words special juror " against the names of all persons in such list who are qualified to serve as special jurors; and shall cause copies of such list to be posted up at all corporation and district council offices, police stations, and post offices within such district, together with a notice that such list will be revised a t a sitting of the Local Court of Palmerston, the date whereof shall be named therein. And for the purpose of making out such jury list it shall be the duty of the principal officer of police a t Palmerston aforesaid, within a reasonable time after receipt of

instructions

60 1

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Local Court of Paknerston to reaiae liste.

57'

& 58"

VICTORIW, No. 601.

----.--A -- -- --

The Northern Territory

Jury Act.-1894.

-

instructions from the said Dcputy Sheriff so to do, to ascertain the names of all persons qualified andYiable to serve as jurymen in the Northern Territory residing within such jury district, and t o forwad a return of the names of such persons, together with their addreases and occupations, and the qualifications of such of them a s are qualified to serve as special jurors to such Deputy Sheriff.

3.

On the day mentioned in such notice such list shall be laid before such Local Court, and such Local Court shall thereupon revise the same by striking out of such list the names of any persons who appear to such Local Court not to bc qualified or liable to serve as jurymen in the Northern Territory, and by inserting therein the names of any persons qualified and liable to serve as such jurymen whose names appear to have been omitted therefroru, and by correcting any errors and mistakes therein, and shall transmit the said list, signed as revised by a Special Magistrate or two Justices of the Peace, to the said Deputy Sheriff; and such list as so revised shall be the jury list for the said jury district, and shall remain in force until a new jury list shall have been prepared and revised.

Jurymen for

Palmemton Circuit 4. Notwithstmding anything contained in any other Act, jury- c men for the trial of felonies and misdemeanors, and civil issues, and

mOnedfr~m list. for the asiessment of damages in civil cases, triable at the Circuit Court of the Palmemton Circuit District, may be summoned in rota- tion in the manner provided by section 23 of "The Jury Act, 1862,"

from the persons whose names appear upon such jury list, and in case any special jury shall be required, such special jury may be struck and summoned from the persons qualified t o serve on special juries whose names shall appear on such jury list.

Qualification of

5.

Every man, being a natural born or naturalised subject of

'urymen in the

kofihem

Territory. Her Majesty, between the ages of twenty-one and sixty, who shall have resided in the Northern Territory for not less than three months, shall be qualified and liable to serve as a juryman in the Northern Territory, with the following cxceptions, viz., any person convicted of treason or felony (unless he shall have received a free pardon thereof), any uncertificated insolvent debtor, my person being of Asiatic or African nationality, any aboriginal native of Australasia or Polynesia, and any person of unsound mind:

Provided always that the Governor may, from time to time, by regulation, alter the qualifications and exceptions herein provided for, and may, by regulation, from time to time alter the exemptions hereinafter set out.

Exemptions.

6.

All practitioners of the Supreme Court, ministers of religion, officers on full pay in Her Majesty's army or navy, Special Magis- trates, officers of Courts. of Justice, masters, officers, and crews of vessels actually trading, telegraph masters and operators, railway stationmasters, enginedrivers and guards, officers of police, and officers of gaols and prisons, are hereby exempted from serving as jurymen in the Northern Territory.

*

7.

All

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5 7 O

&

5%' VICTORIW, No. 601.

- The Northern Tmritory Jury Act,-1 894.

7.

All regulations under this Act shall be published in the Sot& R w l t

Australian Government Gazette, and shall take effect from the date of such publication unless otherwisc provided in such regulations ;

and, in all legal proceedings, the production of the Gazette containing any such regulations shall of itself be sufficient prirnti facie evidence that such regulations have been. duly made. No regulations which shall be disapproved of by either House of Parliament shall continue to have any force OF effect, notwithstanding any publication as aforesaid.

8.

Except so far as inconsistent with this Act, the provisions of Incorporation.

"The Jury Act, 1862," and of any Acts incorporated therewith, shall be incorporated with t,his Act.

I n the name and on behalf of Her Majesty, I hereby assent to this Bill.

ICIN'I'ORE, Governor.