Debtor's choice Article forming consideration 9. The homestead, provided the same be not more than one hundred and sixty acres; in case it be more the surplus may be sold subject to any lien or incumbrance thereon; 10. The house and buildings occupied by the execution debtor and also the lot or lots on which the same are situate according to the registered plan of the same to the extent of fifteen hundred dollars. R.O. c. 45, s. 1; No. 14 of 1892, s. 1; No. 16 of 1893, s. 1; No. 26 of 1894, ss. 1, 2. GENERAL. 3. The execution debtor shall be entitled to a choice from the greater quantity of the same kind of articles which are hereby exempted from seizure. R.O. c. 45, s. 2. 4. Nothing in this Ordinance shall exempt from seizure any article except for the food, clothing and bedding of the execuof judgment tion debtor and his family, the price of which forms the subject matter of the judgment upon which the execution is issued. R.O. c. 45, s. 3. Rights of family of deceased debtor Absconding debtors 5. In case of the death of the execution debtor, his property exempt from seizure under execution shall be exempt from seizure under execution against his personal representative if the said property is in the use and enjoyment of the widow and children or widow or children of the deceased and is necessary for the maintenance and support of said widow and children or any of them. No. 14 of 1898, s. 1. 6. The provisions of section 2 hereof shall not apply to any case where the debtor has absconded or is about to abscond from the Territories leaving no wife or family behind. No. 14 of 1898, s. 3. CHAPTER 28. An Ordinance respecting Juries. THE Lieutenant Governor by and with the advice and con sent of the Legislative Assembly of the Territories enacts as follows: jurors 1. Subject to the exemptions hereinafter mentioned all male Persons British subjects over twenty-one and under sixty years of age qualified as shall be qualified to serve as jurors in cases tried by jury in the judicial district in which they reside. R.O. c. 62, s. 1. exempt 2. The following persons are exempt from serving as jurors: Persons (a) Ministers of religion; (b) Members of the Legislative Assembly and officers thereof; (c) Members of the North-West Mounted Police; (d) Practising advocatesį (e) Medical practitioners; (f) All salaried officials of the Dominion and North-West (g) Licensed ferrymen and school teachers while so em- (h) All persons employed in the running of railway trains; (j) Postmasters. R.O. c. 62, s. 2; No. 22 of 1893, s. 1. in two years 3. No person shall be called upon to serve as a juror more Service once than once in two years unless there shall not be a sufficient number of qualified persons to serve as jurors residing within the requisite distance of the place of trial as hereinafter mentioned. R.O. c. 62, s. 3. of persons 4. The sheriff of each judicial district whenever required so Sheriff to to do by a judge of the Supreme Court shall furnish the clerk furnish list of the said court in such judicial district with a revised list con- qualified taining in appropriate columns the names, residences and occupations of all persons within the said district qualified to serve as jurors. R.O. c. 62, s. 4. clerk to 5. Whenever an order has been made for the trial by jury of When trial by issues of fact in any civil cause the clerk shall make out from jury ordered the last revised list of persons qualified to serve as jurors in his produce list district a special list containing the names, residences and occupations of all such persons whose residences do not exceed twenty miles from the place fixed by the order for holding such trial and shall produce the same before the judge in chambers at such time as he may appoint: When number insufficient clerk may increase Striking panel Notice to parties Right of challenge Jury list in criminal matters Panel Precept to issue Summoning of jury Return of precept Provided always that whenever the number of qualified persons to serve as jurors within the distance aforesaid is less than twenty-four the names of any other qualified persons residing outside of such distance and nearest to the place of trial shall be added to the special list so as to bring the number up to twenty-four; but if the number of names on such list exceeds twenty-four the clerk in the presence of the judge shall draw from the said list by ballot twenty-four names and the said list so increased or reduced to twenty-four names shall be a special list from which the panel to form the jury in the case is to be struck as hereinafter provided. R.O. c. 62, s. 5. 6. The judge shall thereupon appoint a day and an hour at his chambers for striking the panel, one day's notice whereof shall be given by the clerk to the parties interested. R. O. c. 62, s. 6. 7. Each party to the suit attending the striking of the panel shall be entitled to four peremptory challenges by striking alternately, if both parties are present, from the special list the name of one of the persons therein designated to the requisite number of four each the clerk marking each name as the same is struck out and the clerk shall then strike off from the top and foot of said list alternately all unchallenged names except twelve which shall constitute the panel to be summoned. R.O. c. 62, s. 7. 8. Whenever a jury is required for the trial of any person charged with a criminal offence the clerk on receiving notice from the judge of the fact shall prepare a special list and produce it before the judge in chambers as required in civil matR.O. c. 62, s. 8. ters. 9. On the production of such special list the clerk in the presence of the judge shall strike off from such special list by ballot the names singly until the number be reduced to eighteen which number shall form the jury panel for the trial. R.O. c. 62, s. 9. 10. As soon as the panel is formed in the manner hereinbefore prescribed the clerk shall issue out of court and deliver to the party applying for it in civil cases but to the sheriff' in criminal cases a precept in form A in the schedule to this Ordinance directed to and commanding the sheriff to summon the persons whose names comprise the panel. R.O. c. 62, s. 10. 11. Upon receipt of the precept the sheriff shall execute the same by summoning the persons named therein by delivering to each person or leaving with a grown up member of his household, a reasonable time before the date of the trial, a written or printed summons in form B in the schedule to this Ordinance. R.O. c. 62, s. 11. 12. The sheriff on or before the opening of the court at the time set for the trial shall deliver to the court the precept with a return showing his action thereon. R.O. c. 62, s. 12. summons 13. Every person summoned to serve as a juror who fails to Omission obey the summons served on him or to answer to his name to obey when called by the clerk shall be liable to a fine not exceeding Penalty $50 which may be immediately imposed by the court: Provided that the court may for good cause shown reduce or entirely remit such penalty. R.O. c. 62. s. 13. of penalty 14. All fines for nonattendance of jurors shall if not paid Enforcement forthwith be levied together with the sheriff's costs and expenses as authorised for the execution of civil process by warrant of distress issued by the clerk sealed with the seal of the court directed to the sheriff and sale of goods of the party fined provided for executing writs of execution and in default of sufficient goods and chattels such person may be imprisoned for a term not exceeding thirty days. R.O. c. 62, s. 14. summoned on 15. The name of every person included in the precept to the Names of sheriff and summoned by him as hereinbefore provided with his po residence and occupation shall by the sheriff be written dis- separate cards tinetly upon a piece of card or paper three inches in length by one and one-half inches in width and the pieces of card or paper so written upon shall be placed in a glass or box to be by him returned to the clerk of the court with the return of the precept. R.O. c. 62, s. 15. 16. When the case in which the precept has issued is brought selection of on to be tried the clerk shall in open court cause the cards orjury papers to be mixed up in the said glass or box and then draw out so many of the said cards or papers one after another until six jurors are drawn who after all just causes for challenging allowed appear as fair and indifferent and who shall be the jury to try the issues set for trial by jury in the case. R.O. c 62, s. 16. jury required 17. When upon the application of either party to a civil When specia cause the judge orders the matters in issue to be tried by a special jury the clerk under the direction of the judge shall select from the last revised list of jurors of the district the names of twenty-four persons who from their station and intelligence are considered by the judge qualified to try the issues and the panel shall be struck from such list and jurors summoned as herein before provided in the case of a common jury. R.O. c. 62, s. 17. 18. The party who shall apply for a special jury shall not costs of only pay the fees for striking such jury but shall also pay all special jury expenses occasioned by the trial of the cause by such special jury and shall not have any other allowance for the same upon taxation of costs than such party would be entitled to in case the cause had been tried by a common jury unless otherwise ordered by the judge. R.Ó. c. 62, s. 18. Sheriff's remuneration Commencement of Ordinance 19. There shall be payable to the sheriff upon the certificate of a judge out of the general revenue fund of the Territories the sum of five cents for every name added to the list of jurors in his district. R.O. c. 62, s. 19. 20. This Ordinance shall come into force and take effect immediately from and after the repeal of sections 71 and 88 of The North-West Territories Act. R.O. c. 62, s. 20. SCHEDULE, FORM A. PRECEPT. In the Supreme Court of the North-West Territories, VICTORIA by the Grace of GOD of the United Kingdom of To Judicial District of the sheriff of the You are commanded that you cause to come before this court on A.D. 1 the day at ten o'clock in the forenoon of at Territories for the trial of lawful men of the said Territories whose names of in the said the good and and places of Given under my hand and the seal of the said court at in the said Territories this A.D. 1 day Clerk. |