The Act passed on the same day, chapter seventy, to amend 20 V. c. 70. the law relative to houses of public entertaiment ; Also the following Acts and parts of Acts of Upper Canada,- Divers Acts. Section 14 of 32 Geo. 3, c. 8,---33 Geo. 3, c. 13,--Sections 12 and 35 of 50 Geo. 3, c. 1,-2 Geo. 4, c. 8,-and 4 W. 4, c. 18. 404. No Acts or parts of any Acts repealed by any of the Acts formerly above repealed Acts shall be revived, but all such Acts shall repealed to continue repealed, and nothing in this repealing clause con- continue repealed. tained shall affect any statute not herein mentioned or any proclamation by or under which Cities and other Municipalities have been erected so far as respects the continuing of the same and the boundaries thereof. CONFIRMING AND SAVING CLAUSES. 405. The Head and Members of the Council, and the Officers Heads, OffiBy-laws, Contracts, Property, Assets and Liabilities of every cers, By-laws Municipal Corporation, and the Trustees of every Police Vil- &c. continued. lage existing when this Act takes effect, shall be deemed the Head and Members of the Council, and the Officers, Bylaws, Contracts, Property, Assets and Liabilities of such Corporation and the Trustees of such Police Village as continued under and subject to the provisions of this Act. 406. All proceedings on behalf of or against any existing Pending proMunicipal Corporation, or Police Trustees pending when this ceedings to Act takes effect, shall be continued under this Act, in the name in which the same are then pending. continue. ed. 407. All things heretofore done under the enactments Past transachereby repealed, are confirmed, except any matter which tions confirmhas been, or within one year after the passing of this Act, may be made the subject of proceedings at law or in equity. in the new 408. All offences, neglects, fines, penalties, moneys, debts and Previous other matters and things which immediately before this Act goes offences may into effect might have been prosecuted, punished, enforced be prosecuted or recovered under the Acts or parts of Acts hereby repealed, Corporation may be prosecuted, punished, enforced or recovered under this name. Act, in the same manner, within the same time, and in the same name, and by the same process and proceedings, as if the same respectively had been committed or incurred or had accrued or become due or payable after the taking effect of this Act. DECLARATORY DECLARATORY CLAUSE. effect of Municipal Acts as to power to impose statute labour. Declaration of 409. And whereas doubts have arisen as to the power heretofore of incorporated Towns and Villages, when set apart from the Township or Townships in which the same are situate, to assess or impose statute labor in the same manner as Townships have been authorized: To remove such doubts, it is declared that the several Acts of the twelfth of Victoria chapter eighty-one, thirteenth and fourteenth of Victoria chapter sixty-four, and sixteenth of Victoria chapters one hundred and eighty-one and one hundred and eighty-two, gave such and the same powers to Incorporated Towns and Villages, when set apart from the Township or Townships in which the same are situate, in respect to the assessment and imposition of statute labor, as are in and by the said Acts respectively conferred on Townships. Act limited to 410. This Act shall apply to Upper Canada only. САР. С. Preamble. Interpretation clause. Issues of fact to be tried by a Jury, unless otherwise provided. An Act to amend and consolidate the Jury Laws of W [Assented to 16th August, 1858.] HEREAS it is expedient to amend and consolidate the various Acts relative to the mode of Selecting Jurors in Upper Canada, the performance of their duties and the remuneration to be by them received, with a view to reduce the expense attending the present system and to obtain a better class of Jurors than are now obtained: Therefore Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows: INTERPRETATION. 1. The word "County," whenever it occurs in this Act, shall include and apply to "Unions of Counties" for Judicial purposes, and the word "Township" shall include and apply to "Unions of Townships." ISSUES OF FACT TO BE TRIED BY JURY. 2. All issues of fact now or hereafter joined in any action, real, personal or mixed, brought in any of Her Majesty's Courts of Justice within Upper Canada, and the assessment or inquiry of damages in any such action the trial or assessment of which is not otherwise provided for, shall be tried and determined or assessed and inquired of by the unanimous verdict of twelve Jurors, duly sworn for the trial of such issue or issues, or for the assessment or inquiry of such damages; and the said Jurors may bring in a special verdict upon the trial of any such issue. FICATIONS OF JURORS. II.-QUALIFICATIONS, EXEMPTIONS AND DISQUALI 3. Unless exempted, every person residing in any County, Who shall be City, or other local judicial division in Upper Canada, who is qualified as a juror. over the age of twenty-one years, and in the possession of his natural faculties and not infirm or decrepit, and who is assessed for local purposes upon property, real or personal, belonging to him in his own right or in that of his wife, to the amount here inafter mentioned, shall be qualified and liable to serve as a Juror both on Grand and Petit Juries in Her Majesty's Superior Courts of Common Law at Toronto having General Criminal or Civil Jurisdiction throughout Upper Canada, and in all Courts of Civil or Criminal Jurisdiction within the County, City, or other local judicial division of the County in which he resides. assessment not 4. No person enrolled as a Juror in respect of property of Parting with which he was at the time seized or possessed shall be disquali- property after fied or exempted from serving as such Juror in consequence of to disqualify. his having ceased to be seized or possessed of such property between the time of enrollment and of his being called upon to serve as such Juror, nor shall the same form any ground of challenge to such Juror. 5. Whenever property is assessed on the assessment-roll of Joint proprieany Township, Village or Urban Ward, as the property of two tors to be deemed equalor more persons jointly, the Selectors of Jurors to whom it belongs ly interested. to extract from such roll the names thereon of those qualified and liable to serve as Jurors, may, and if they have the requisite information as to the names of the parties to enable them to do so, shall, in making such extract, and for all the purposes of this Act, treat such property as if it belonged to such persons in equal proportions, and such Selectors shall treat each of such persons as respects his qualification and liability to serve as a Juror as if he had been severally assessed for such equal proportion of such property. 6. The amount of property in respect of which a person is Property quaqualified and liable to serve as a Juror shall, by the Selectors lifications. for each Township, Village or Urban Ward, be determined by the relative amount of property for which the person is assessed on the assessment-roll of the Township, Village or Ward of which he is a resident inhabitant at the time of the annual selection of Jurors, and the mode for ascertaining the same shall be as follows, that is to say: The names of one half of the assessed Mode of asresident inhabitants of the Township, Village or Urban Ward certaining which shall remain after striking from the said Roll the names of such qualifiall persons entirely freed and exempt or disqualified from serving as Grand or Petit Jurors, under any of the provisions of this Act, shall be copied from the assessment-roll of such Township, Village or Ward, commencing with the name of the person rated at the highest amount on such roll and proceeding successively towards cation. Persons ex empted from serving as Jurors; and not to be in serted on the Rolls. towards the name of the person rated at the lowest amount, until the names of one half of the persons assessed upon such roll have been copied from the same; and the amount for which the last of such persons is assessed upon the said roll, shall be that which qualifies every resident inhabitant of such Township, Village or Urban Ward, and renders him liable to serve as such Juror. 7. The following persons are hereby absolutely freed and exempted from being returned and from serving as either Grand or Petit Jurors in any of the Courts, and shall not be inserted in the Rolls to be prepared and reported by the Selectors of Jurors as hereinafter mentioned: 1. Every person upwards of sixty years of age; 2. Every member of the Executive Council of this Province; 3. The Secretary of the Governor, and 4. Every officer and other person in the service of the Governor for the time being; 5. Every officer of the Provincial Government, and 6. Every clerk and servant belonging to either House of the Provincial Parliament, or to the Public Departments of the Province; 7. Every Inspector of Prisons; 8. The Warden of the Provincial Penitentiary; and 9. Every officer and servant of the said Penitentiary; 10. Every Judge of a Court having general jurisdiction throughout Upper Canada; 11. Every Judge of a County Court; and 12. Every Judge of any other Court except the Quarter Sessions of the Peace, having jurisdiction throughout any County or City in Upper Canada; 13. Every Sheriff, Coroner, Gaoler and Keeper of a House of Correction or Lock-up-llouse; 14. Every Priest, Clergyman and Minister of the Gospel, recognized by law, to whatever denomination of Christians he may belong; 15. Every member of the Law Society of Upper Canada actually engaged in the pursuit or practice of his profession, whether as a Barrister or Student; 16. Every Attorney, Solicitor and Proctor actually practising; 17. Every Officer of any Court of Justice whether of general, County, City, or other local jurisdiction, actually exercising the duties of his offices; 18. Every Physician, Surgeon and Apothecary actually practising; 19. Every Officer in Her Majesty's Army or Navy on full pay; 20. Every Pilot and Seaman actually engaged in the pursuit of his calling; 21. Every Officer of the Post Office, Customs, and Excise; 22. Every Sheriff's Officer and Constable; 23. Every County, Township, City, Town and Village, Treasurer and Clerk; 24. Every Collector and Assessor; 25. Every Professor, Master and Teacher of any University, College, County Grammar School, Common School or other School or Seminary of learning, actually engaged in performing the duties of such appointment ; 26. Every officer and servant of any such University, College, School or Seminary of learning, actually exercising the duty of his office or employment; 27. Every Editor, Reporter and Printer of any public Newspaper or Journal actually engaged in such employment or occupation; 28. Every person actually employed in the management and working of any Railway; 29. Every Telegraph Operator; 30. Every Miller; 31. Every Fireman belonging to any regular Fire Company; Provided, as regards Firemen, that they shall not be exempt Proviso as to from serving as Jurors, unless the Captain or other Officer of Firemen. the Fire Company shall, at least five days before the time appointed for the selection of Jurors, notify the Clerk of the Municipality of the names of the Firemen belonging to his Company, residing within such Municipality, and claiming such exemption for such Firemen. ture and cer 8. Every Member of the Legislative Council or of the Members of Legislative Assembly of this Province,-every Warden and the Legislaevery Member of any County Council,-every Mayor, tain munici Reeve or Deputy Reeve of any City, Town, Township or pal functionVillage, every Justice of the Peace, and every other aries exempted Member and Officer of any Municipal Corporation, is hereby at certain from serving absolutely freed and exempted from being selected by the Courts. Selectors of Jurors hereinafter mentioned to serve as a Grand or Petit Juror in Her Majesty's Inferior Courts, and none of the names of any such persons shall be inserted in the rolls from which Jurors are to be taken for such purposes, and |