The Short Title of this Act is “The Juries Act, 1908.”

This Act is a consolidation of the enactments mentioned in the First Schedule hereto, and with respect to those enactments the following provisions shall apply:—

Savings.

In this Act, if not inconsistent with the context,—

Except as hereinafter otherwise provided, every man between the ages of twenty-one years and sixty years who is of good fame and character, and who resides within New Zealand (not being a Maori), is liable and qualified to serve as a juror upon all juries which may be impanelled for any trial within the jury district in which such person resides.

Any Maori whose capability is certified under any regulations in that behalf to be from time to time made by the Governor in Council (which regulations the Governor in Council is hereby authorised to make) shall be deemed to be duly qualified and liable to serve as a juror on any Maori jury or mixed jury for the trial of any case, civil or criminal, within the jury district in which such Maori so certified resides, and in which case the person or property of any Maori may be affected.

The following persons are not qualified to serve on any jury in any Court or on any occasion:—

Aliens.

Convicts.

Undischarged bankrupts.

Persons of bad fame.

The following persons are exempt from serving upon any jury:—

1904, No. 57, sec. 23

1900, No. 69, sec. 29

1898, No. 35, sec. 4

1903, No. 96, sec. 345

The persons mentioned in the last preceding section shall not be inserted in the jury lists hereinafter mentioned, and shall not be summoned as jurors.

With respect to any members of any volunteer fire brigade, if any such person summoned to appear and serve as a juror claims to be excused or discharged from attending and serving as a juror, by reason of his being an active member of such brigade, and produces to the Judge of the Court at which he has been summoned to appear a certificate under the hand of a fire inspector, or of the captain or other principal officer of a volunteer fire brigade, to the effect that such person is an active member of a volunteer fire brigade, and has regularly attended the meetings of such brigade for practice or drill for a period of not less than twelve months before the sitting of the Court at which he has been summoned to appear as aforesaid, and has otherwise observed the rules or regulations of the said brigade in respect to attendance at practice or drill and at fires, the Judge shall thereupon excuse and discharge such person from further attendance at that sitting of the Court.

With respect to persons employed on or about a public railway, the following, whilst so employed, shall be exempted from serving on any jury, and shall not be summoned:—

If any such person, whilst so employed as aforesaid, is nevertheless summoned, the Judge or other officer before whom he is summoned shall discharge him from attendance upon his producing or forwarding a certificate, under the hand of the officer in charge of the railway at the place where such person is employed, stating the nature and fact of the employment by reason whereof he is exempted under this section.

Every person authorised by section eight or nine hereof to grant a certificate of exemption who knowingly gives one containing any false statement of fact is liable to a fine not exceeding twenty pounds and not less than five pounds.

Every person who claims exemption from serving as a juror by means of a certificate which he knows to be false or to contain any false statement of fact is liable to a fine not exceeding fifty pounds and not less than ten pounds.

For every city or town at which any sittings of the Supreme Court or any District Court are held, which for the purposes of this Act is to be called a “Court town,” there shall be a jury district.

Limits.

The Governor, by Order in Council gazetted, may from time to time enlarge any jury district to such extent as he thinks fit in any case where he is satisfied that a sufficient number of men qualified and liable to serve as jurors are not residing in such district, but so nevertheless that the area of the district when enlarged shall not exceed the area thereof as existing immediately prior to the first day of January, one thousand eight hundred and ninety-nine, being the date of the coming into operation of “The Juries Act Amendment Act, 1898.”

There shall be a Jury Officer for each district.

The Jury Officer of every jury district shall, before the last day of January in every year, issue and deliver his warrants (in the form in the Second Schedule hereto, or as near thereto as may be) to one or more constables within such jury district, together with a sufficient number of the printed forms of return and notice set forth respectively in the Third and Fourth Schedules hereto.

The Jury Officer may determine as to the portion of the district to which the warrants aforesaid shall be limited.

Each of such constables shall forthwith, after the receipt of such warrant, prepare and make out, in alphabetical order, a true list of all men residing within the limits mentioned in such warrant, qualified and liable to serve on juries, with the Christian name and surname written at full length, and with the true place of abode, title, quality, calling, or business, in the proper columns of the said form of return.

Such constables, having made out such lists, shall, on the first and second Sundays in March in every year, fix a notice in the form in the Fourth Schedule hereto, signed by them or one of them, upon or near the principal outer door—

In such notice shall be stated, in the proper blanks in such form, the time and place at which a meeting of Justices will be held to revise such list.

The constables shall keep the original lists or true copies thereof, to be inspected and perused by any of the inhabitants of the said jury district at any reasonable time during the first three weeks of the same month, without fee or reward, to the end that notice may be given of men qualified and liable to serve as aforesaid who are omitted, or of men inscribed who ought to be omitted, from such list.

Any person who defaces or removes such notice is liable to a fine not exceeding five pounds and not less than two pounds.

The Jury Officer of the jury district shall, by a notice in the form in the Fifth Schedule hereto published in such manner as he thinks fit fourteen days at least before the day of meeting, call, for the purposes herein mentioned, a meeting of the Justices residing within the jury district, to be held on the first Friday in April of every year, at some Magistrate’s Courthouse or office, or some other suitable building, to be named in such notice, at the Court town of such district.

At such meeting any two Justices shall form a quorum, and a Magistrate, in the absence of other Justices, may act alone.

Such meeting may be adjourned from time to time; and all constables as aforesaid shall then and there produce the lists of men qualified and liable to serve as aforesaid, prepared by them and made out as hereinbefore directed, and shall answer upon oath such questions touching the same as are put to them by the Justices then present.

If the name of any man not qualified and liable to serve as aforesaid is inserted in any such list, the Justices shall, upon satisfaction from the oath of the party complaining, or other proof, or upon their own knowledge, that he is not qualified and liable to serve as aforesaid, strike his name out of such list; and shall also strike thereout the names of men disabled by lunacy, or imbecility of mind, or by deafness, blindness, or other permanent infirmity of body from service on juries.

Such Justices shall also insert in such list the name of any man qualified and liable as aforesaid omitted therefrom; and likewise correct any errors or omissions which appear to them to have been committed in respect of the name, place of abode, title, quality, calling, or business of any man included in such list.

When such list is revised and completed, the Justices present, or any two of them, shall insert at the foot thereof their allowance thereof, and sign the same and deliver it to the Jury Officer of the district.

The Jury Officer shall, before the twenty-third day of April then next, deliver or transmit such list to the Sheriff of the Sheriff’s district within which the jury district for which such list has been prepared is situated.

The Sheriff, after receiving the jury list from the Jury Officer, as provided by the last preceding section, may from time to time amend the same, and also the jury-book, by striking out the name of any person entered thereon who is dead or has left New Zealand, or is over the age of sixty years, or is otherwise absolutely exempted from service by law or by order of a Judge.

In exercising the aforesaid power of amendment the Sheriff may act on his own knowledge or on such evidence as he deems satisfactory, and every such amendment shall be initialled and dated by the Sheriff when making the same.

In every case where any such amendment is made by the Sheriff after he has delivered to the Clerk of the District Court the jury list for the purposes of that Court, as provided by section one hundred and seventy-eight hereof, he shall inform the Clerk thereof in writing, whereupon the Clerk shall make a corresponding amendment in such last-mentioned jury list, and shall initial and date the same.

The Jury Officer, if a Magistrate or Justice, may act as such Magistrate or Justice at such meeting of Justices, and may also act as Jury Officer; and it shall not be deemed incompatible for him to act in both capacities.

The constables, for their assistance in completing the lists pursuant to this Act, may, during the month of February in each year, put to any person all such questions as they may think proper relating to the said lists and to the Christian name and surname, place of abode, title, quality, calling, business, occupation, or employment of any man.

Such constables shall, upon request made by them or any of them at any reasonable time in the same month to any person having the custody of any valuation, rate, or assessment for any city, borough, town, district, or place, have free liberty to inspect the same, and take from thence the names of such men qualified to serve on juries as aforesaid, dwelling within such jury district, as appear to them or any of them to be necessary or useful.

Every Justice shall, upon the like request to any person having the custody of any such valuation, rate, or assessment, have the like free liberty to inspect and make extracts from the same for the purpose of assisting the Justices in the revision and completion of the jury lists according to this Act.

The Sheriff of every Sheriff’s district shall procure and keep in his office, for every Court town at which sittings of the Supreme Court are held within such district, two substantial boxes, of a cylindrical or octagonal shape, with flat ends, and an axle on each of such ends; and shall cause the same boxes respectively to be provided with lids and apertures of one-half of the length of such boxes respectively, and equidistant from each end thereof, and of sufficient width to admit the hand; and shall cause such two boxes to be painted white.

On one of the said boxes the Sheriff shall cause to be legibly painted in black letters the name of the Court town for which such box is intended, with the words “Common Jurors in Use”; and on the other of the said boxes shall cause to be legibly painted in black letters the name of the same Court town, with the words “Common Jurors in Reserve.”

The Sheriff shall cause the said boxes to be placed horizontally on strong wooden frames, so that the same can be easily made to revolve on their axles in the manner and for the purposes hereinafter mentioned.

The Sheriff shall cause such boxes to be at all times securely locked, and shall keep the keys thereof in safe custody, so that no person may have access to the contents of such boxes, or any of them, except as hereinafter provided.

The Sheriff shall keep in his office the lists sent and delivered to him by the Jury Officers as provided by section twenty-five hereof, and shall take from such lists consecutively and enter in a book consecutively the names, in the order in which they stand therein, of all men who are described in such lists as “esquires, gentlemen, merchants, managers of banks, civil engineers, and architects,” and also such other persons whose names appear on such lists as are known to him to be of the best condition, so as to make up such a number of special jurymen as he considers necessary.

Such book shall be called “the special-jury book,” and the Sheriff shall prefix thereto the name of the Court town of the jury district for which such lists have been prepared, and to every name in such book its proper number, beginning the numbers from the first name and continuing them in a regular arithmetical series down to the last name, and shall cause the said several numbers to be written upon distinct pieces of parchment being all as nearly as may be of equal size and shape, and having thereon respectively the name of the said Court town and the word “Special.”

The Sheriff, after all the said numbers have been so written, shall put the pieces of parchment together by themselves in a box to be kept by him for that purpose, with the name of the same Court town and the words “Special Jurors” painted thereon, and shall there safely keep the same to be used for the purpose hereinafter mentioned.

All men whose names are so copied into the special-jury book shall be called “special jurors,” and shall serve on all special juries under this Act.

No person qualified as a special juror, and whose name appears on any special-jury book, shall be exempted from serving on any common jury.

The Sheriff shall in like manner take from the said lists consecutively as aforesaid the names of every person contained in the general jury list for his district, and shall cause the names of all such men, together with their respective places of abode and addition, to be fairly and truly copied into a book to be called “the common-jury book.”

The Sheriff shall prefix to the common-jury book the name of the said Court town, and to every name in such book its proper number, beginning the numbers from the first name and continuing them in a regular arithmetical series down to the last name, and shall cause the said several numbers to be written upon distinct pieces of parchment, being all as nearly as may be of equal size and shape, and having thereon respectively the name of the said Court town and the word “Common.”

The Sheriff, after all the said numbers have been so written, shall put the pieces of parchment together by themselves into the said box with the name of the said Court town and the words “Common Jurors in Use” painted thereon, and shall there safely keep the same to be used for the purpose hereinafter mentioned.

All men whose names are so copied into the common-jury book shall be called “common jurors,” and shall serve on all common juries under this Act.

Every Sheriff on quitting his office shall deliver the jury-books and boxes above mentioned to the succeeding Sheriff.

Every jury-book shall be so provided and prepared before the fourteenth day of May after such lists have been sent or delivered to the Sheriff as aforesaid, and shall be brought into use on that day, and be used for one year then next following.

If there is at any time more than one Court town in the same Sheriff’s district, the Sheriff shall keep the lists aforesaid for one jury district separate from the lists for any other jury district, and shall cause to be made separate jury-books for every such jury district.

The provisions herein contained with respect to the numbers, parchments, books, and boxes aforesaid respectively shall be observed and obeyed with respect to the jury-books of every such jury district, and shall be applicable thereto.

No special-jury book shall be made for a jury district if at the Court town of that district no sittings of the Supreme Court are usually held:

Provided that if after the fourteenth day of May in any year sittings of the Supreme Court should be appointed to be held, then a special-jury book in the manner aforesaid shall be formed from the aforesaid lists; but the common-jury book and the pieces of parchment marked with the word “Common” as aforesaid shall not be altered.

If any sittings of the Supreme Court or of the District Court are hereafter appointed to be held at any town other than a Court town at which sittings are then already usually held, the Clerk of the Magistrate’s Court there, if there is one, or a Jury Officer to be appointed for the jury district of such town in manner aforesaid, shall act as Jury Officer for the jury district of such town.

Such Jury Officer, and all Justices, and the Registrars, Clerks, or other officers of Courts, constables, and Sheriffs, shall, within such time as the Governor orders for that occasion only, do and perform all such acts, matters, and things in and towards preparing, collecting, allowing, sending, and delivering the lists of men qualified and liable to serve on juries, and making out the jury-books for such jury district, as are hereinbefore required ordinarily to be done at a different time or period.

All such last-mentioned jury-books shall be brought into use, and the persons whose names are therein set down shall be liable to serve, immediately after the same have been made out by the Sheriff.

The said last-mentioned books shall be used until new books have been prepared under the provisions hereinbefore contained.

If at any time it is found that no jury list has been made for the current year for any jury district, the jury list for the preceding year shall be deemed to be the proper jury list.

The Registrar of the Supreme Court shall, before the day fixed for any sittings of the Court for trial of criminal cases, issue a grand-jury precept under his hand in the form in the Sixth Schedule hereto or to the like effect.

Every such precept shall be delivered to the Sheriff fourteen days before the same is returnable.

Upon receipt of such precept the Sheriff shall summon not less than twenty-four nor more than thirty men to attend at such Court and at such time and place as may be specified in such precept to inquire, present, do, and execute all those things which on the part of the King shall then and there be commanded of them.

Such summons shall be in the same form or to the like effect, and shall be served in the same manner, as is hereinafter provided with regard to a summons to other jurors.

The names of such men shall be taken from the special-jury book of the jury district in which the Court town at which such Court is to be held is situate, in the same manner as a special jury is hereinafter directed to be taken, except that there shall be no striking-out or reduction of the number so taken as in the case of special juries.

If there is not a sufficient number of jurors’ names in the special-jury book of any such district, then the Sheriff shall select and take from the common-jury book of such district such number of names of common jurors of the best condition as will, with the number of special jurors, make up the required number of the grand jury.

At the time and place aforesaid the Sheriff shall bring into Court the said precept, with the name, place of abode, and addition of every grand juror written on separate pieces of parchment, all being as nearly as may be of equal size and shape, and enclosed with the said precept in a cover under his seal, and indorsed with the words “Grand Jury.”

Such seal shall, in open Court, be broken by the proper officer thereof.

Such officer shall thereupon put the said pieces of parchment together in a box to be provided for that purpose, and, after having shaken them together, shall then, in open Court, draw out of the said box the said pieces of parchment one after another until the names of twenty-three men are drawn.

The twenty-three men so first drawn and appearing, or, if twenty-three men should not appear, such of them as do appear, not being Less than twelve men, shall be the grand jury, and shall be sworn in the accustomed manner according to the practice of the Court.

In criminal cases in the Supreme Court or District Court the trial upon any indictment found shall, except as mentioned in section eighty-four hereof, be had by a common jury of twelve men, whose names shall be taken from the common-jury book of the jury district in which the trial is to be had.

Where a civil action in the Supreme Court is to be tried by a common jury as provided by or under “The Judicature Act, 1908,” the names of the jurymen shall be taken from the common-jury book of the district in which such trial takes place.

Whenever common juries are required for the trial of civil or criminal cases in the Supreme Court, or for the trial of criminal cases in the District Court, the Registrar, Clerk, or proper officer of such Courts respectively shall issue a precept under his hand to the Sheriff of the Sheriff’s district within which such trial is to be had, commanding such Sheriff to summon a sufficient number of jurors to attend or serve at such trial.

Such precept shall be in the form in the Sixth Schedule hereto or to the like effect, and shall command the Sheriff to summon not less than thirty-six men if the jury is of twelve, and not less than twelve men if the jury is of four.

Every such precept shall be delivered to the Sheriff, or other person to whom the same is directed, fourteen days before the same is returnable.

The Sheriff, upon the receipt of any such common-jury precept, shall, by some notice affixed in legible characters in some public and conspicuous place of his office, appoint some future day, and some hour on that day not earlier than eleven o’clock in the forenoon nor later than three o’clock in the afternoon, at which he or his deputy will, in such office, proceed to draw the names of persons to be summoned to serve as jurors at the Court for which such precept has been issued.

The Sheriff, at the time so named, and in his said office, and in the presence of all persons who choose to attend, shall cause that one of the said boxes for the proper jury district, on which the words “Common Jurors in Use” are painted, to revolve on its axle for the space of one minute at the least, and immediately alter the expiration of that time shall draw out of the said box one after another as many of the said parchments as are equal to the number of jurors intended to be summoned.

As each parchment is drawn the Sheriff shall refer to the corresponding number in the common-jury book of the then current year, and read aloud the name designated by such number, and then and there write the said number, and also such name, with the place of abode and addition, on a panel (called the common-jury panel) to be signed by him and sealed with his seal of office; and, after having so written the same on such panel, shall keep the said parchments, which have been so drawn out as aforesaid, until after the said precept is returnable.

If any juror whose name is on the common-jury panel does not attend at the sitting of the Court in pursuance of the summons hereinafter mentioned, the Sheriff shall return the said parchment bearing the number by which the name of such juror is designated as aforesaid to the said box marked “Common Jurors in Use,” and shall put the residue of the said parchments or, if all such jurors attend as aforesaid, the whole of the said parchments into that one of the said boxes for the same district on which the words “Common Jurors in Reserve” are painted, there to remain until the remainder of the said parchments have been drawn out of the first-mentioned box in the manner aforesaid, and then to be returned to such box for the purpose of being again resorted to according to the mode of proceeding hereinbefore described.

If at any time there is no jury-book in existence for the current year, it shall be lawful to take the names of common jurors from the common-jury book for the preceding year in the manner aforesaid, and the jurors contained in the said panel shall be the jurors to try all cases at the Court to which they are summoned.

In any civil action in the Supreme Court triable by a jury either party may, by leave of the Court or a Judge thereof, procure such trial to be had by a special jury in lieu of a common jury.

The application for the special jury shall be made in accordance with the practice and rules of the Supreme Court.

But the Court or Judge may at any time order that the trial be had by a special jury upon such terms as the Court or Judge thinks fit.

Provided that no action shall be tried by a special jury unless all parties consent thereto, or unless in the opinion of the Court or Judge expert knowledge is required.

The party who procures the trial to be had by a special jury shall pay all the fees and expenses thereby occasioned, and shall not have any further or other allowance for the same than such party would be entitled to if the trial had been had by a common jury, unless, immediately after the verdict or nonsuit, the Judge before whom the trial is held certifies that the trial was proper for a special jury.

If the trial is to be had by a special jury of twelve, the Registrar of the Court at which the trial is to be had shall issue a special precept under his hand to the Sheriff of the Sheriff’s district within which the trial is to be had, commanding him to summon not less than twenty-four special jurors to attend and serve on such trial.

The precept shall be in the form in the Sixth Schedule hereto or to the like effect, and shall be intituled in the cause, and be delivered to the Sheriff or other person to whom the same is directed seven days before the same is returnable, or such other time as is fixed by any general rule or order.

The Sheriff shall appoint a time and place for striking such jury, and shall, in the presence of the parties and their solicitors if they choose to attend, on reasonable notice, after having shaken the box hereinbefore required to be kept for the numbers of the special jurors, draw therefrom forty-eight of the said numbers one after another; and shall, as each number is drawn, refer to the corresponding number in the special-jury book, and read aloud the name designated by such number, and then return the numbers to the box.

When such forty-eight numbers have been drawn, the Sheriff shall prepare two lists of the men’s names, with the numbers as they are written in the special-jury book, and shall deliver one list to the plaintiff or his solicitor and another list to the defendant or his solicitor; and the forty-eight names contained in the lists so delivered shall, at a time to be appointed by the Sheriff, be reduced to twenty-four by the plaintiff or his solicitor and the defendant or his solicitor, each of them alternately, in the manner heretofore accustomed, striking out at his discretion twelve names from each of the said lists in the presence of the Sheriff.

In the absence of either party or his solicitor, and on proof being made that such absent party has been duly served with notice of the appointment, the Sheriff shall strike out the names on his behalf and sign such reduced lists.

The jurors whose names are not struck out on such lists shall be summoned by the Sheriff or his officer as hereinafter provided.

The Sheriff shall prepare a panel (called the special-jury panel), on which he shall write the names of the jurors not struck out, with their respective additions and places of abode, with the proper number prefixed to each, and shall sign and seal such panel.

The jurors named in the special-jury panel shall be the jurors from which shall be drawn, in manner hereinafter mentioned, the jury to try such case.

If in any case it so happens that the whole number of jurors cannot be obtained from the special-jury book, such a number of names from the common-jury book for the same district of the then current year, in addition to those already taken from the special-jury book, as are required to make up the proper number shall be taken in the same manner as is hereinbefore described with respect to special juries; and the said last-mentioned names shall in such case be deemed and taken to be those of special jurors in force for civil and criminal cases.

If there are no jury-books in existence for the current year, it shall be lawful to take the names of special jurors from the special-jury book or common-jury book for the preceding year in the manner aforesaid.

If the trial is to be had by a special jury of four, then sections seventy-one to eighty-two hereof shall apply to the same, “four” being substituted for “twelve,” “eight” for “twenty-four,” and “twenty-four” for “forty-eight,” except in section seventy-six hereof, where “eight” shall be deemed to be substituted for “twelve.”

For the trial of any criminal case in the Supreme Court the Court may, on application made on behalf of His Majesty, or by or on behalf of any prosecutor, or by or on behalf of any defendant or person accused of any indictable offence, whether any indictment has been found or not, order that the trial of the person to be named in such order shall be by a special jury of twelve men, and the proper officer shall issue a jury precept accordingly:

Provided that no case shall be tried by a special jury unless all parties consent thereto, or unless, in the opinion of the Court, expert knowledge is required.

Such application, if made by a defendant or person accused, shall not be granted unless he has served a notice of his intention to make the same upon the Attorney-General, Crown or other prosecutor, at least four days before making the same.

For the purpose of balloting for special jurors to serve on trials of criminal cases the Sheriff of every Sheriff’s district shall procure and keep, in the same manner in every respect as provided in sections thirty-one to thirty-four hereof, two boxes of the description as mentioned in section thirty-one, on one of which boxes shall be painted the words “Special Jurors in Use,” and on the other the words “Special Jurors in Reserve.”

The provisions of sections seventy-nine to eighty-two apply to special jurors in criminal cases.

Whenever a criminal case is to be tried by a special jury, the Registrar of the Court at which any such trial is to be held shall issue a special precept under his hand to the Sheriff of the Sheriff’s district within which such trial is to be held, commanding him to summon a sufficient number of special jurors to attend and serve on such trial.

The precept shall be in the form in the Sixth Schedule hereto or to the like effect, and shall be intituled in the prosecution or other matter.

Every such precept shall be delivered to the Sheriff, or other person to whom the same is directed, seven days before the same is returnable, or such other time as is fixed by any general rule or order, and shall command the Sheriff to summon not less than thirty-six special jurors.

Upon receipt of any such special-jury precept in criminal cases the Sheriff shall proceed, in manner indicated by sections sixty-six to seventy hereof, in the selection by ballot of the special jurors to be summoned, in the same manner as he is by the aforesaid sections directed to proceed in selecting common jurors; and for this purpose the said sections shall be read as if the words “special jurors,” “special-jury book,” and “special jurors in reserve” had respectively been inserted therein in lieu of the words “common jurors in use,” “common-jury book,” and “common jurors in reserve.”

Upon delivery by the Sheriff to the proper officer of the Court of a special-jury panel, the last-named officer shall, on trials in criminal cases, deal with the parchments whereon are written the names of the special jurors in the same manner as if they were common jurors, and thereafter the said officer shall take all proceedings with respect to such special-jury panel in a criminal case, and with the aforesaid parchments, as if the same were a common-jury panel.

Every Registrar, Clerk, or proper officer of the Supreme Court and District Courts respectively, when issuing a precept to the Sheriff for the summoning of either common or special jurors to attend or serve at any criminal trials, shall send together with such precept a list of the names of the Justices by whom the persons to be tried were respectively committed for trial.

The Sheriff in balloting for the jury shall, in the event of any parchment being drawn out of the ballot-box bearing the number corresponding to the name of any such Justices, replace such parchment in the box; and no such Justice shall be summoned by the said Sheriff to serve on any such trial.

The Supreme Court and every Judge thereof, and all District Courts and Judges thereof, shall respectively have and exercise such power and authority as they have heretofore had and exercised, or as similar Courts in England have, in making any award or order, orally or otherwise, for the return of a jury for the trial of any issue before any of such Courts respectively, or for the amending or enlarging any such panel as hereinafter mentioned; and the return to every such award or order shall be made in the manner heretofore used and accustomed in such or similar Courts respectively in England, save and except that the jurors so returned shall be qualified according to this Act.

Nothing herein contained shall affect the right of a defendant to take down a cause for trial after default by the plaintiff to proceed to trial according to the course and practice of the Supreme Court.

When the numbers and names, with the places of abode and additions, have been written on the common- or special-jury panel, the Sheriff shall forthwith issue a summons, in the form in the Seventh Schedule hereto, to every juror whose name is on any such panel.

The said summons shall be delivered to every such juror, or shall be left at his usual or last known place of abode, at least three clear days before the attendance of such juror is required.

When any person is indicted for treason or misprision of treason, a list of the petit jurors, with the Christian name and surname written at full length, and with the true place of abode, title, quality, calling, or business of every such juror, shall be given to the person so indicted ten days before the arraignment, and in the presence of two or more credible witnesses.

A copy of every common- or special-jury panel shall, three days before such precept as aforesaid is returnable, be made by the Sheriff, and shall during such three days be kept in his office for inspection.

A copy of such panel shall be delivered by the Sheriff to any person requiring the same on payment of two shillings.

Upon the day and at the place named in the jury precept for the appearance of the jurors thereby required to be summoned, the Sheriff shall, in open Court, deliver or cause to be delivered the said jury precept to the proper officer of such Court, and shall annex the panel to the said precept, and shall also then and there furnish to the same officer the names of the said jurors, with their respective places of abode and additions, written on separate pieces of parchment, being all as nearly as may be of equal size and shape.

Such officer shall thereupon, in open Court, put the said pieces of parchment together in a balloting-box to be provided for that purpose, and shall there keep the same to be used in manner hereinafter mentioned.

Where any criminal case is to be tried or any civil case is to be tried by a jury, the proper officer shall in open Court draw out of the appropriate balloting-box one after another the number of parchments corresponding to the number of jurors required to constitute the jury, and if any of the men whose names are so drawn does not appear or is challenged and set aside, then such further number shall be drawn until the full number of jurors are drawn and appear after all just causes of challenge are allowed.

The full number so first drawn and appearing as aforesaid shall be the jury to try the case.

The proper officer of the Court, on delivery to him of the panel, shall in open Court call aloud the names of the jurors in the said panel one after another, and such of the said jurors as then or at any time thereafter answer to their names shall be sworn in open Court in such one of the forms in the Eighth Schedule hereto as is applicable.

The jurors shall be sworn in the manner heretofore accustomed according to the practice of the Supreme Court.

Section fifty of “The Evidence Act, 1908,” relating to affirmations, shall apply to jurors, and every juror who so affirms shall be deemed to be duly sworn within the meaning of this Act.

Being once sworn, such jurors, if common jurors, shall not need to be resworn in each trial, unless either party or they that sue for the King or the person arraigned so require.

The said officer shall, as and when each juror is so sworn, make a minute thereof in the said panel.

Where the jury is a common jury the names of its members shall be kept apart by themselves until such jury has given in its verdict and the same has been recorded, or until such jury by consent of the parties or by leave of the Court is discharged.

The said names shall then be returned to the box, there to be kept with the other names remaining at that time undrawn, and so toties quoties as long as any case remains to be tried.

When a common jury has retired to consider its verdict in any case, the Court may proceed to the trial of any other cases, before such jury has returned its verdict or been discharged, with a new jury drawn from the residue of the jurors other than the members of such first-mentioned jury, in the manner provided in the last preceding section, until the necessary number of jurors has been completed.

Where no objection is made on behalf of any of the parties (including in criminal cases the King as a party) the Court may try any case with the same common jury which has previously tried or been drawn to try any other case, without the names being returned to the box and redrawn, or may order the names of any men on such common jury whom both parties consent to withdraw, or who are justly challenged or excused by the Court, to be set aside, and other names to be drawn from the box, and may try the case with the residue of such original common jury and with such men whose names are so drawn and who appear and are approved as jurors, and so toties quoties as long as any case remains to be tried.

No person shall be liable to serve as a common juror for a longer time than six consecutive days at any one sitting of the Supreme Court or any District Court.

Every common juror who is sworn to try any case which at the expiration of the said period has been partly heard shall be bound to continue to serve until the determination of such case or until lawfully discharged by the Court.

If the sitting of the Court commences on any day other than Monday, the first panel shall be summoned to attend for the remainder of the week only, subject, however, to the provision for continued service hereinbefore mentioned.

If any man returned as a common juror is disqualified, or is not qualified according to this Act, such disqualification or the want of such qualification shall be a good cause of challenge; and he shall be discharged upon such challenge if the Court is satisfied of the fact.

Where either before or after challenges a full jury does not appear before the Court, such Court, upon request made for the King by any one thereto authorised or assigned by the Court, or on request made by either party or his solicitor, shall command the Sheriff to name and appoint, as often as need requires, so many of such other men of the jury district as shall make up a full jury.

The Sheriff shall at such command return such men duly qualified to serve on such jury, and shall add and annex their names to the said panel.

The King, by any one so authorised or assigned as aforesaid, and all and every the parties aforesaid, may have their respective challenges to the jurors so added and annexed.

The Court shall proceed with those jurors who were before impanelled, together with the men so newly added, as if all the said jurors had been returned upon the original jury precept.

On the trial of all criminal cases, and of all civil cases to which the King is a party, there shall be the same right of challenge on behalf of the King as any prisoner or party possesses under this Act.

In all civil cases in the Supreme Court to be tried before a common jury the plaintiff and defendant respectively shall be entitled to challenge peremptorily to the number of six.

Every person arraigned for any crime shall be entitled to challenge peremptorily to the number of six.

Every peremptory challenge above the numbers aforesaid shall be void, and the trial shall proceed as if no such challenge had been made.

Where several defendants in a civil case have pleaded separately, or where several persons are indicted together, and all such defendants or persons do not consent to join in their challenges, the proper officer of the Court shall draw out of the appropriate balloting-box a sufficient number of parchments to permit each of such several defendants or persons, or each combination of such defendants or persons who consent to challenge jointly, to exercise the right of peremptory challenge to the numbers aforesaid respectively.

The right to challenge special jurors in criminal cases shall be the same as exists with respect to the challenge of common jurors in such cases.

Unless the jurors have been sworn for the particular trial, every challenge shall be made as the juror comes to take his seat, and before he takes it.

When a view is desired in any case, either civil or criminal, depending in the Supreme Court, or in any criminal case in any District Court, either party may obtain a rule or order of such Court containing the usual terms, and commanding the Sheriff to have six or more (or, in case of a jury of four, three) of the jurors named in such rule or order, or in the panel thereto annexed (who shall be mutually consented to by the parties, or, if they cannot agree, shall be nominated by the Sheriff), at some place to be named in such rule or order, and at some convenient time before the trial.

Such jurors then and there shall have the place in question, if any, or the real or personal property (the view of which may be proper or necessary in order to the better understanding of the evidence that may be given on such trial, or material to the proper determination of the question in dispute), shown to them by two persons in the said rule or order named, to be appointed by the Court.

Such rule or order may be drawn up by the proper officer on the application of the party, without a motion for that purpose.

The party obtaining such rule or order shall, at the time of delivering the same to the Sheriff, deposit in the hands of the Sheriff, for payment of the expenses of the view, the sum hereinafter mentioned.

The proceedings upon such rule or order shall be the same as the proceedings heretofore had in England under a writ of view, or as near thereto as may be.

The Sheriff, upon request, shall deliver to either party the names of the viewers; and by indorsement on the said rule or order shall certify that the view has been had according to the command of the same, with the names of the viewers.

Upon the day and at the place named in the jury precept for the appearance of the jurors thereby required to be summoned, the Sheriff shall deliver the said rule or order, with the said indorsement thereon, to the proper officer of the Court, for the purpose of such viewers being called as jurymen on the trial.

Upon any application for a view there shall be an affidavit stating the place at which the view is to be had, and the distance thereof from the office of the Sheriff; and the sum to be deposited in the hand of the Sheriff shall be fixed by the Sheriff in each particular case, or by the Court or a Judge thereof.

If the party making the application is dissatisfied with the amount so fixed by the Sheriff, and if such sum is more than sufficient to pay the expenses of the view, the surplus shall forthwith be returned to the solicitor of the party who obtained the view.

If such sum is not sufficient to pay such expenses, the deficiency shall be forthwith paid by such solicitor to the Sheriff, and the Sheriff shall pay and account for the money so deposited according to a scale to be fixed by the general rules of the Supreme Court.

In any case wherein a rule or order for a view has been obtained as hereinbefore provided, the Judge before whom the trial is to be had shall, on the application of the party obtaining such rule or order, appoint such trial to take place during the attendance and service of the jurors named in the panel in which the viewers are included.

Where a view has been had in any case, those men who have had the same, or such of them, if any, as appear upon such trial, shall be upon the jury; and so many only shall be added to them as, after all defaults and challenges allowed, make up the full number.

In every trial the Court or Judge may order such view as aforesaid by the jury, even after the evidence on one or both sides has been closed, if in the opinion of the Court or Judge such a course is necessary for the attainment of justice.

No alien shall be entitled to be tried by a jury de medietate linguæ, but he shall be triable in the same manner as if he were a natural-born subject.

The Governor may from time to time make rules for the following purposes, that is to say:—

All such rules shall be published in the Gazette, and when so published shall have the force of law as if the same had been inserted in and formed part of this Act.

The provisions of this Act shall apply to Maori juries except so far as they relate to matters which the Governor is authorised to regulate by rules as aforesaid.

Where a Maori is committed for trial, in any Court whatever, for an offence against a Maori, such first-mentioned Maori may give notice to the committing Magistrate or Justice at the time of commitment, or to the Registrar or Clerk of the Court of trial at any time not less than seven days before the trial, that he claims to be tried by a Maori jury, and in such case he shall be tried by such jury accordingly.

If the Maori so committed for trial gives such notice at the time of his commitment, the committing Magistrate or Justice shall transmit such notice to such Registrar or Clerk.

In every civil case in the Supreme Court in which both parties are Maoris, if they concur, they may, at any time not less than fourteen days before the trial, give notice to the Registrar or Clerk that they claim to have the case tried by a Maori jury, and such case shall be tried by such jury accordingly.

If both parties do not concur, and one of them only gives such notice, then the case shall be tried by a mixed jury as hereinafter provided.

Maori juries shall be composed wholly of Maori jurors, if a sufficient number are in attendance when the trial takes place; but if a sufficient number of Maori jurors are not in attendance, then the requisite number shall be made up of ordinary jurymen, or of bystanders in cases where bystanders may lawfully be called and sworn to serve on juries, or in the discretion of the Court.

In every civil case in the Supreme Court in which one of the parties is and the other is not a Maori, and such Maori desires that the case shall be tried by a mixed jury, he may give notice of such desire to the Registrar or Clerk of the Court at any time within seven days before the trial, and the same shall in such case be tried by a mixed jury accordingly.

Mixed juries shall be composed half of ordinary jurors and half of Maori jurors, if a sufficient number of Maori jurors are in attendance at the trial; but if a sufficient number of Maori jurors are not in attendance, the jury shall be completed from ordinary jurymen, or from bystanders in cases where bystanders may lawfully be called and sworn to serve on juries, or in the discretion of the Court.

In all cases appointed to be tried by a Maori jury or by a mixed jury, and where a sufficient number of Maori jurors are not in attendance, it shall not be compulsory on the Court or on the Judge thereof to make up the number from ordinary jurymen or from bystanders as hereinbefore provided; but such Court or Judge, at its or his discretion, may adjourn the trial in order to obtain the attendance of Maori jurors.

Where a case is to be tried by a Maori jury or a mixed jury, then upon receiving the aforesaid notice the Registrar or Clerk shall issue a precept to the Sheriff of the district, requiring him to summon a sufficient number of Maori jurors to serve on such Maori or mixed jury, such number being not less than twice nor more than three times the number of Maori jurors required to form the jury.

If three-fourths at least of any jury impanelled on any civil case shall, after the jury has retired to consider its verdict for a period of at least three hours, intimate to the Judge presiding that the jury has considered its verdict, and that there is no probability of such jury being unanimous, the verdict of three-fourths shall be taken and accepted as, and shall have all the consequences of, a verdict of the whole of such jury.

Where a jury has remained in deliberation for such period as the Judge thinks reasonable, being not less than four hours, and does not agree as to the verdict to be given, such jury may be discharged by the Court from giving any verdict.

Such proceedings may thereupon be taken anew as if no trial had been commenced before the jury so discharged.

If at the time of such discharge the Court thinks fit so to order, another trial may forthwith, or at some other time during the same or some future sittings, be commenced and proceeded with as if such first-mentioned trial had not been commenced.

Jurors, after having been sworn, may, in the discretion of the Judge, be allowed, at any time before giving their verdict, the use of a fire when out of Court, and be allowed reasonable refreshment, to be provided by the Sheriff at the public expense.

Every special juror who is summoned and who attends at the Supreme Court to try civil cases, and actually serves as a juror upon a special jury, shall be entitled to receive the sum of twenty shillings in respect of the first day, and the sum of ten shillings in respect of each day thereafter that he has so served.

Every common juror who is summoned and duly attends at any sittings of the Supreme Court or the District Court to try civil issues or assess damages shall for every day that he so attends be entitled to be paid the sum of eight shillings if he so attends for more than four hours in the day, and the sum of four shillings if he so attends for not more than four hours in the day.

The sums payable to any common juror under this section shall be paid to him by the Registrar or other officer of the Court when the juror is discharged from attendance, and all such sums shall be paid from moneys to be appropriated by Parliament out of the Consolidated Fund.

Every talesman who has been added to any panel to try civil cases in pursuance of this Act, and has served upon any jury, shall be entitled to receive the same sum for such attendance as if his name had been originally written on the said panel.

No person who serves on any jury shall be allowed to take for so serving more than the sums aforesaid respectively, except in the cases wherein a view is directed and had by such juror.

In the case of common juries the party on whose application the jury has been obtained, or, if there has been no such application, the party bringing on the issue for trial, or the plaintiff in every assessment of damages, shall pay to the Registrar or other proper officer of the Court, for every day or part of a day on which the jury serves, the sum of four pounds where the trial or assessment is by a jury of twelve, and one pound ten shillings where the trial or assessment is by a jury of four.

Such payment shall be made as follows:—

All sums received under this section shall form part of the Consolidated Fund.

In the case of special juries the party procuring any issue to be tried by a special jury shall, amongst other expenses occasioned by the trial by a special jury, pay either the sum of twelve pounds, or such other sum as the Court appoints in each case, for compensation of such special jurors; and such sum shall be paid to the Registrar or other proper officer at the time customary according to the practice of the Supreme Court, or at such other time as is fixed by or under “The Judicature Act, 1908.”

Every juror who is summoned and duly attends as a juror at any sittings of the Supreme Court or the District Court at which criminal cases are tried shall, for every day that he so attends, and until he is duly discharged from attendance, be entitled to be paid the sum of eight shillings if he so attends for more than four hours in the day, and the sum of four shillings if he so attends for not more than four hours in the day.

The sums payable to any juror under this section shall be paid to him by the Registrar or other officer of the Court when the juror is discharged from attendance, and all such sums shall be paid from moneys to be appropriated by Parliament out of the Consolidated Fund.

If any man, having been duly summoned to attend on any jury for trial of civil or criminal cases at any sittings of the Supreme Court or the District Court, does not attend in pursuance of such summons, or, being thrice called, does not answer to his name, or if any such man or any talesman, after being called, is present, but does not appear, or, after his appearance, wilfully withdraws himself from the presence of the Court, the Court shall impose such fine upon every such man or talesman so making default as the Court thinks fit.

Where any viewer having been duly summoned to attend on a jury makes default as aforesaid, the Court shall impose upon such viewer a fine to the amount of ten pounds at the least, and as much more as the Court, under the circumstances of the particular case, thinks proper.

Every Sheriff and other officer are hereby indemnified for impanelling and returning any man named in the jury-book, although he may not be qualified or liable to serve on juries.

If any Sheriff or other officer wilfully impanels and returns any man to serve on any jury, such man’s name not being inserted in the jury-book for the current year, or if there is no jury-book in existence for the current year, then in the jury-book for the preceding year; or

If any Registrar, Clerk, or other officer of any Court, wilfully records the appearance of any man so summoned and returned who did not really appear, in every such case—

The Court may, upon examination in a summary way, impose such fine upon such Sheriff, Registrar, Clerk, or other officer offending as the Court thinks fit.

No Sheriff, bailiff, or other officer or person whatsoever shall directly or indirectly take or receive any money or other reward, or promise of money or other reward, to excuse any man from serving or from being summoned to serve on juries, or under any such colour or pretence.

No bailiff or other officer appointed by any Sheriff or other person to summon juries shall summon any man to serve other than those whose names are specified in the summons signed by such Sheriff or officer.

If any Sheriff, bailiff, or other officer wilfully transgresses in any of the cases in the two last preceding sections, or summonses any juror less than two days before the day on which he is to attend, except in the cases hereinbefore excepted, the Supreme Court or District Court within whose jurisdiction the offence has been committed shall, on examination and proof of such offence, in a summary way, impose such a fine upon every person so offending as the Court thinks fit according to the nature of the offence.

Every Jury Officer who refuses or neglects to issue and deliver his warrant as hereinbefore directed to one or more constables, or who refuses or neglects to do anything which by this Act he is required to do, is liable to a fine not exceeding ten pounds and not less than two pounds.

Every person who offends in any of the following cases is liable to a fine not exceeding ten pounds and not less than five pounds:—

Every constable who is guilty of any of the following acts or omissions is liable to a fine not exceeding ten pounds and not less than two pounds, that is to say:—

The Justice before whom such offender is convicted of any such offence of wrongful insertion or omission shall forthwith, in writing under his hand, certify the same to the Sheriff by whom the list in which such wrongful insertion or omission has occurred is by this Act required to be kept; and such Sheriff shall correct the special- or common-jury book, as the case may be, according to such certificate.

Any Sheriff who is guilty of any of the following acts or omissions in this section mentioned is liable to a fine not exceeding twenty pounds:—

In any case where under this Act any act, matter, or thing would have to be done by the Sheriff, then if the Sheriff is interested, or if under like circumstances according to the practice in England such act, matter, or thing would have to be done by other officers or persons specially appointed, the Supreme Court or any Judge thereof may appoint any officer or other person to perform such act, matter, or thing.

Where any jury precept, or any award or order for returning a jury for the trial of any case is directed to any other officer or person than the Sheriff, he shall have free access to the jury-books and parchments aforesaid, and shall execute and obey the said precept, award, or order, in the same manner as the Sheriff is by this Act required to execute and obey the same, and shall do and perform all such other acts and duties in reference thereto, and be subject and liable to the same penalties, forfeitures, and proceedings as any Sheriff in the like case offending is subject and liable to by virtue of this Act.

It shall not be lawful either for the King or any one on his behalf, or for any party or parties in any case whatsoever, to commence or prosecute any writ of attaint against any juror for the verdict given by him, or against the party or parties who have judgment upon such verdict; and no inquest shall be taken to inquire of the concealments of other inquests, but all such attaints and inquests are utterly abolished.

No verdict shall be in any way affected by reason of any of the jury having been erroneously summoned from a greater distance or from a different district or otherwise than hereinbefore in that behalf provided, nor by reason of any error, omission, or informality in or with respect to any such lists, jury-books, precepts, or panels as aforesaid.

The Sheriff of every district shall deliver to the Clerk of each District Court in his Sheriff’s district a list of persons qualified and liable under the provisions hereinbefore contained to serve as jurors under this Act, before the twenty-first day of May in every year, each list containing only the names of persons residing within the jurisdiction of such District Court.

For every list the said Sheriff shall be entitled to receive out of the Consolidated Fund a fee after the rate of fourpence for every folio of seventy-two words; and such list shall be the jury list within the meaning of section seventy-six of “The District Courts Act, 1908.”

No person shall be summoned to attend any District Court as a juryman who does not reside within the district in which such Court has jurisdiction.

Except as herein expressly provided, nothing in this Act shall affect or alter any of the provisions of “The District Courts Act, 1908,” relating to juries and trials by jury in civil actions in any District Court.

In all cases where a jury is directed to be summoned under any of the provisions contained in Part II of “The Judicature Act, 1908” (relating to the Court of Appeal), the Supreme Court shall direct from what jury district such jury shall be summoned.

This Act does not apply to any inquest held before a Coroner.