BE it enacted by the King's Most Excellent Majesty,

Transcription

1 15004 Jury Act Amendment Act. 25 GEO. V. No. 37, 25 Geo. V. No. 37. THE JURY ACT AMENDMENT ACT OF An Act to Amend" The Jury Act of 1929 " in certain particulars. [ASSENTED TO 20TH DECEMBER, 1934.] BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Shorttitlo 1. This Act may be cited as "The Jury Act :~~struction. Amendment Act of 1934," an.d shall be read as one with *"The Jury Act of 1929 " and Orders in Council thereunder, herein collectively referred to as the Prin~ipal Act. Collective title. The Principal Act and this Act may collectively be cited as " The Jury Acts, 1929 to 1934." Commence ment. New provision as to jnr~' trials. 2. Save as is hereinafter provided, this Act shall come into operation on a date to be proclaimed by the Governor in Council by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. 3. Notwithstanding anything contained in the Principal Act, the following provisions shall be observed on and after the commencement of this Act :- (1) No further trial, issue, inquiry, or other proceeding, whether civil or criminal, for which a jury may lawfully be required shall be had with a common jury or a special jury within the meaning of the Principal Act. (2) Subject to section six hundred and twentyeight of t" The Criminal Code" relating to the discharge of a juror upon a criminal trial and the trial proceeding with the remaining jurors, all criminal trials shall be had with a jury of twelve qualified persons. (3) In any civil action or other civil proceeding in which a trial or inquiry mayor shall be had with a jury, such jury shall consist of four qualified persons. * 20 Geo. V. No. 19, supra, page t 63 Vic. No. 9, Schedule I., supra, page 344.

2 Jl~ry Act Am,endment Act. (4) The term" qualified person" shall mean a person qualified to serve on all juries as provided in the Principal Act as amended by this Act. 4. For the purpose of bringing this Act into Procedure operation at the commencement thereof, all provisions for ~ringing of the Principal Act as amended by this Act for the!;!r~l~n. preparation and making of the necessary jury books or lists shall take effect from the passing of this Act ; and moreover; after the passing of this Act, precepts for jurors for courts to be held on or after the commencement of this Act n ay issue and the names of the persons to serve on such juries be drawn, and such jurors summoned as provided in the Principal Act as amended by this Act. Any necessary Rules of Court to give effect to the objects and purposes of this Act may be made on and after the passing of this Act, and section fifty-one of the Principal Act shall apply and extend for all purposes accordingly. 5. The amendments to the Principal Act by virtue Amend of this Act are comprised in the Schedule hereto. ~~~:p~ SCHEDULE. EXTENT OF AMENDMENTS OF PRINCIPAL ACT. Act. Schedule. (i.) Section twelve of the Principal Act is repealed, and a new section twelve is inserted in lieu thereof :- and 12 new B. "[12.] (1.) Subject to this Act, the sheriff or deputy sheriff, as Compilation the case may be, shall in each year out of the annual electoral roll of j~ry books or rolls containing the names of persons qualified to act as jurors residing or lists. in each jury district, make a jury book or jury list for such district. Such sheriff or deputy sheriff shall prefix to such book or list the name of the court city, or court town of the jury district for which such book or list is required to be prepared, and to the name of every such person qualified and liable to serve on all juries that may be empanelled for any trial or inquiry within the said district shall a.lso prefix its proper number, beginning the numbers from the firstnamed of the persons so qualified and liable, and continuing them in a regular arithmetical series down to the lastnamed of such persons so qualified and liable. (2.) Such sheriff or deputy sheriff, as the case may be, 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 city or court town; and after all the said numbers have been so written shall put

3 15006 s. 15. and new s. 16. Sheriff to provide boxes for parchments. Jtwy Act Amendment Act. 25 GEO. V. No. 37, the same together by themselves in thc box hereinafter required to have painted thereon the words "Jurors in Use," and shall there safely keep the same to be used for the purpose hereinafter mentioned; and all persons whose names are so numbered in such book or list shall be the jurors qualified and liable to serve on all juries empanelled for any trial or inquiry within such jury district. He shall lock and seal such box and keep the key thereof so that no person shall have access thereto except as hereinafter provided. (3.) Every sheriff or deputy sheriff, as the case may be, on quitting his office shall deliver the said jury book or list and boxes and parchments to the succeeding sheriff or deputy sheriff. (4.) Every jury book or jury list shall be so prepared in every year before the first day of June in that year, and shall be brought into use on that day and be used for one year then next following; Provided that the jury book or jury list so prepared for the year in which the date of commencement of "The Jury Act Amendment Act of 1934" falls shall be brought into use on such date of commencement and be used until the last day of May of the year next following; Provided further, that for the purposes of any trial, issue, inquiry, or other proceeding whether civil or criminal had in a jury district with a jury after the commencement of "The Jury Act Amendment Act of 1934, but before a jury book or jury list for such district has been made and brought into use as hereinbefore provided, the existing common and special jury books or jury lists for such district shall be regarded as one jury book or jury list to the intent that all common and special jurors whose names are entered in such books or lists shall be liable to serve on any jury in such district during such period as aforesaid; Provided also, that the sheriff or his deputy shall place the parchments remaining unused in the box labelled "Special Jurors in Use" into the box labelled " Common Jurors in Use," and shall proceed to draw out of such box from such parchments and the parchments a.lready therein as if all such parchments had been originally placed in such box labelled" Common Jurors in Use." (5.) For the purposes of this section every claim for enrolment as an elector made, after the passing of" The Jury Act Amendment Act of 1934," shall state whether the claimant is a householder, and shall also state, in the case of male electors, the age of such elector." (ii.) Section fifteen is repealed. (iii.) Section sixteen is repealed and a new section sixteen is inserted in lieu thereof ;- " [16.] The sheriff or deputy sheriff, as the case may be, shall procure and keep in his office for every court city or court town within his bailiwick two substantial boxes, which shall be of a circular 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

4 JUTY Act.flmendment Act. admit the hand; and shall cause one of the said boxes to be painted white and the other of the said boxes to be painted black; and on the said box painted white shall cause to be legibly painted in black letters the name of the court city or court town for which such box shall be intended with the words "Jurors in Use" ; and on the said box painted black shall cause to be legibly painted in white letters the1name of the same city or town with the words" Jurors in Reserve"; and such sheriff or deputy sheriff, as the case may be', shall cause the said box painted white to be placed horizontally on a strong wooden frame so that the same can easily be made to revol,e on its said axl~ in the manner and for the purposes hereinafter mentioned. Such sheriff or deputy sheriff, as the case may be, shall cause such boxes to bt at all times securely locked, and shall keep the keys thereof in safe Icustody so that no person may have access to the contents of such boxes or any of them except as hereinafter provided." (iv.) Section seventeen is amended by omitting the " common." I (v.) Section eighteen is amended by omitting the " special." (vi.) Sectiot nineteen is repealed. (vii.) Section twenty-two is repealed twenty -two is inserted in lieu thereof :- and a word Amendment ofs.17. word Amendment of s. 18. s. 19. new section and new s.22. "[22.] (1.) lit shall be lawful for the Supreme Court or a Circuit Precept. Court, as the c~se may be, to issue a jury precept in the following form or to the like effect, or as may be prescribed :- "THE JURY ACTS, 1929 TO 1934." I Jury Precept. To the Sheriff of Queensland or his Deputy. Pursuant to the abovementioned Acts you are required to cause to cofne before the [insert the style of the Court] to be holden at the Coutt House at on [here insert the day of the week] the day of 19 persons of the Jury Distritt of aforesaid, duly qualified according to law as jurors to make a jury for all such matters as shall be then and there required of them, and to produce this precept with a panel annexed thereto containing the names of those jurors as by law is required of you. Dated fhis day of, 19 I By the Court, A.B. Registrar (or Associate). (2.) Every such precept shall be delivered by the registrar or associate, as the case may be, to the sheriff or other person to whom the same is directed not less than twenty-one days before the same is returnable; anf in case the jurors are thereby required for a criminal

5 15008 Jury Act Anwndment Act. 25 GEO. V. No. 37, and new s.24. Selection of jurors to be summoned. Repealot and new s.25. Sheriff to summon the jurors. trial to be held at Brisbane, Rockhampton, or Townsville, shall require the sheriff or such other person to summon not less than forty-eight persons, and in case the jurors are thereby required for a criminal trial to be held at any other Court shall require him to summon not less than forty-eight persons, and in case the jurors are thereby required for a civil action or other civil proceeding shall require him to summon not less than four times the number of persons to be empanelled. (3.) In any case where a criminal sittings and a civil sittings of a Circuit Court are appointed for the same day in a court town, the precept may require the sheriff or his deputy to summon qualified persons to the number required for a criminal trial under the provisions of this Act to come before such Court in its criminal jurisdiction, and may also require him to summon so many of the said persons being those whose names are first duly drawn as may under the provisions of this Act be required for a civil action or other civil proceeding to come before the said Court in its civil jurisdiction. " (viii.) Section twenty-four is repealed and a twenty-four is inserted in lieu thereof :- new section " [24.] Upon receipt of any such jury precept the sheriff shall, in the presence of a registrar or deputy registrar of the Supreme Court (or, where the sheriff is also the registrar or a deputy registrar of the Supreme Court, then in the presence of some other officer of the Supreme Court or Magistrates Court), proceed to draw the names of persons to serve as jurors at the Court for which such precept shall have been issued. For this purpose he shall cause' the said box for the proper jury district on which the words "Jurors in Use" are painted to revolve on its axle for a convenient time, and immediately after the expiration of that time shall draw out of the said box as many of the said parchments as are equal to the number of jurors intended to be summoned, one after another, and in every case draw out of the box a sufficient number of additional parchments one after another and keep the parchments which have been so drawn out to be used for any purpose of emergency as hereinafter provided, until after the precept is returnable; and shall, as each parchment is drawn, refer to the corresponding number in the jury book or jury list 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 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 shall have been so drawn out as aforesaid until after the said precept is returnable." (ix.) Section twenty-five is repealed and a new section twentyfive is inserted in lieu thereof :- "[25.] (1.) When the said numbers and such names with their respective places of abode and addition shall have been written on such panel as aforesaid, the sheriff or deputy sheriff, as the case may be, shall forthwith issue a summons to every juror whose name shall be on the said panel; and the said summons shall be delivered to every

6 Jury Act Amendment Act. such juror or shal be left at his usual or last known place of abode at least eight clear d ys before the attendance of such juror is required, unless the Court therwise orders : Provided tha every such summons issued in respect of a Court to be held at B isbane, Rockhampton, or Townsville shall be so delivered or left a least four clear days before the attendance of such juror is required, unless the Court otherwise orders. Every such ummons shall be in the following form, or to the like effect, or as ay be prescribed :- JURY ACTS, 1929 TO 1934." Summon8 to Juror. Court at To M In obedi nce to a Jury Precept to me directed I do hereby require you 0 appear and serve as a juror at the Supreme [or Circuit] Cour to be holden at, on the day of 19,at o'clock in t e noon of that day, and subject to the abovementio ed Acts you are to attend the said Court from day to day til you shall be discharged by the said Court. Given day of 19 Sheriff [or ])eputy Sheriff].. (2.) If at any time before the precept is returnable it is ascertained When sheriff by such sheriff, ether of his own knowledge or by such information ~ay excuse as he deems satisf ctory, that any jurors to which a summons has been Juror. issued cannot be served or cannot by reason of illness attend at the Court, such sheri shall in such emergency excuse such jurors from attendance, and hall choose in rotation from the jurors whose names correspond with t e numbers on the additional parchments drawn out by him as afores id such jurors as are required to complete the panel, and shall place t eir names on the panel in substitution for the names of the jurors excu ed; and such jurors shall be summoned accordingly. in the place of the jurors excused, and shall be bound to attend pursuant ) to summons not 'thstanding that the summons was not served within the time hereinbe ore prescribed. (3.) If a jur l' cannot be served or cannot by reason of illness Disposal of attend, or does ot attend pursuant to summons such sheriff shall parchments upon ascerta" the fact forthwith return to the box from which he drawn. drew the same t e parchment bearing the number corresponding to the name of such juror. He shall put the residue of the said parchments or, if all the jurors attend pursuant to summons, the whole of the said parchments, together with th additional parchments drawn as aforesaid into the box marked "J ors in Reserve" there to remain until the remaining

7 15010 JURIES-LABOUR. s.26. Amendment of s. 29. Amendment of s. 40. &pealof Sehedules Il. and Ill. Apprentices and Minors Act Amendment Act. 25 GEO. V. No. 34, parchments in the box marked" Jurors in Use" have been drawn out, or until the parchments are required to be used afresh in connection with a new jury book or list." (x.) Section twenty-six of the Principal Act is repealed. (xi.) Section twenty-nine is amended by omitting the words " " The Jury Act of 1929 " " and inserting in lieu thereof the words " " The Jury Acts, 1929 to 1934." " (xii.) Section forty is amended by omitting the words" common or special," also by omitting the words" as the case may be." (xiii.) Schedules Il. and Ill. are repealed. 25 Geo. V. No. 34. THE ApPRENTICES AND MINORS ACT AMENDMENT ACT OF Amendment of s. 3. LABOUR. (1) Apprentices and Minors Act Amendment Act of Geo. V. No. 34 (2) Industrial Conciliation and Arbitration Act Amendment Act of Geo. V. No. 10 (3) Workers' Compensation Acts Amendment Act of Geo. V. No. 39 An Act to Amend "The Apprentices and Minors Act of 1929" in certain particulars. [ASSENTED TO 12TH DECEMBER, 1934.] B E it enacted by the King's Most Excellent Majesty, by and with the advice.and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title 1. This Act may be cited as " The Apprentices and :~~struction.minors Act Amendment Act of 1934," and shall be read as one with *" The Apprentices and )}finors Act of 1929," herein referred to as the Principal Act. Collective The Principal Act and this Act may collectively be title. cited as "The Apprentices and lylinors Acts, 1929 to 1934." Amendrnents of the Principal Act. 2. In section three of the Principal Act the definition of ",Junior journeyman " is repealed. * 20 Geo. V. No. 37, supra, page