6-12. [Provisions for the seizing and sale of property by the Sheriff in execution of a decree of court.]

13. [Judges of Supreme Court may make rules and orders for Courts of Resident Magistrates.]

14. The following shall be added as a proviso to the second section of Act No. 21 of 1884: "Provided, however, that if it shall appear to the officer issuing any such process as aforesaid, either from his personal knowledge or otherwise, that the person upon whom the same is intended to be served is sufficiently acquainted with the English language to understand the purport of such process, or is not sufficiently acquainted with the Dutch language to understand the purport of such process if it be drawn in the Dutch language, then it shall not be necessary to issue such process in the Dutch language as well as the English language.

15. This Act may be cited as the "Appeal Court and Sheriff's Duties Act, 1886."

P.R.O., C.O. 50/7.

THE DUTCH LANGUAGE JUDICIAL USE AMENDMENT

ACT.

[Promulgated 17th August 1888.]

No. 15 of 1888.

No. 89. Act. To amend "The Dutch Language Judicial Use Act, 1884."

Be it enacted by the Parliament of the Cape of Good Hope, in Parliament assembled, as follows:

I. In addition to the proviso set forth in the fourteenth section of the Act No. 17 of 1886, there shall be added the following proviso to the second section of Act No. 21 of 1884: "Provided, further, that if it shall appear to the officer issuing any such process as aforesaid, either from his personal knowledge or otherwise, that the person upon whom the same is intended to be served is sufficiently acquainted with the Dutch language to understand the purport of such process if drawn in that language, or is not sufficiently acquainted with the English language to understand the purport of such process if it shall be drawn in the English language, then it shall not be necessary to issue such process in the English language, but issue thereof in the Dutch language shall, for all legal purposes, and notwithstanding anything to the contrary contained in any law in force in this Colony, be good, valid, and effectual." 2. This Act may be cited as The Dutch Language Judicial Use Amendment Act, 1888." P.R.O., C.O. 50/7.

THE JURY ACT, 1891. [December 1, 1891.]

No. 22 of 1891.

No. 90. Act. To consolidate and amend the Law relating

to Juries.

Be it enacted by the Governor of the Cape of Good Hope, with the advice and consent of the Legislative Council and House of Assembly thereof, as follows:

I. The laws mentioned in the Schedule to this Act, and so much of any other law as shall be repugnant to or inconsistent with the provisions of this Act, are hereby repealed.

QUALIFICATION OF JURORS.

2. Every man residing within the Colony between the ages of twenty-one years and sixty years who shall possess the qualification in this Act provided, and not therein declared disqualified or exempted, shall be qualified and liable to serve as a juror.

3. Every man between the ages aforesaid who shall be the owner or occupier of any immovable property of the value of not less than three hundred pounds according to the valuation roll of any Divisional Council or Municipality, or shall be in the receipt of salary or wages amounting to not less than one hundred and fifty pounds per annum, and who shall not be disqualified or exempted by the terms of this Act, shall be qualified and liable to serve as a juror on any jury empanelled for any trial or enquiry within the jury district in which such person shall reside.

4. When any such property shall be jointly occupied by more persons than one, each of such joint occupiers, if otherwise qualified or liable, shall be qualified and liable to serve as a juror as aforesaid in case the value of such property, when divided by the number of such joint occupiers, shall give a sum not less than three hundred pounds for each such occupier.

5. [When no valuation roll exists, the person making the jury lists shall estimate the value of properties.]

SPECIAL JURORS.

6. Every man qualified and liable to serve as a juror shall also be qualified and liable to serve as a special juror" in

case he shall be

(1) The owner of landed property of the assessed value of one thousand pounds; or

(2 The occupier of such property as tenant of the assessed value of one thousand five hundred pounds; or

(3) Although neither the owner nor occupier of landed property of such assessed values as aforesaid, if he shall be described in the jury lists as an architect, a civil engineer, a broker, manager of a bank, manager or secretary of a fire or life assurance company or society, or of any company for the administration of estates, or be in the receipt of salary amounting to five hundred pounds per annum.

7. No person qualified as a as a "special juror" shall (unless otherwise exempted) be on that account exempted from serving on a petit jury.

DISQUALIFICATION OF JURORS.

8. The following persons shall not be qualified to serve as jurors in any court or on any occasion:

(1) Any one who is not a natural-born or naturalized subject of Her Majesty ;

(2) Any one who has been convicted of and sentenced for treason, murder, rape, theft, fraud, perjury, forgery, fraudulent insolvency, or contravention of the diamond-trade laws, unless he shall have received a free pardon.

(3) Any one who cannot read and write.

EXEMPTIONS.

9. The following persons shall be exempt from serving as jurors, and their names shall not be inserted in any jury list:

(1)-(6) [Those classes of men mentioned in Ord. 41 (4 Feb. 1828), footnote (No. 75).]

(7) All schoolmasters and school inspectors;

(8) All masters of vessels and pilots;

(9) All persons continuously employed in the working of any railway or tramway;

(10) All persons actually engaged as editors of, or reporters for, newspapers.

JURY DISTRICTS.

10. Every area within a radius of thirty-six miles from the court-house of the Resident Magistrates respectively of Grahamstown, Kimberley, and every other town where a circuit court is to be held, and within the judicial district in which such town is situated, shall be deemed to be a "jury district." And in regard to Cape Town, an area within a radius of twenty miles from the court-house of the Resident Magistrate of Cape Town, shall be deemed to be a "jury

district" although such area shall include portions of more judicial districts than one.

II. [Any "jury district" of 36 mile sradius in which there are not 54 qualified persons shall be extended to a radius of 48 miles.]

JURY LISTS.

12. The jury lists in use at the taking effect of this Act shall continue in force and be used until new jury lists are made and revised as in this Act is provided.

13. On or before the 1st day of January in the next and every succeeding year, the Resident Magistrates respectively of every district which includes any such "jury district" as aforesaid, shall, by written order, require the field-cornets or any members of the police force who may be assigned for such duty, to prepare in alphabetical order a true list or return of all men residing within the limits mentioned in such order,. qualified and liable to serve as jurors or special jurors.

14. [Each such field-cornet or member of police shall make out such list and deliver it to the Resident Magistrate not later than the 20th January.]

15. [The persons making out the lists shall each year be supplied with the previous year's lists.]

16. For the purpose of preparing such lists the field-cornets or other persons engaged in their preparation may put such questions as they think proper, relating to the said lists, and to the name and surname, place of abode, calling, business, occupation, qualification, or age of any man residing in any jury district.

17. [Every person making out the lists shall have access to the valuation roll of any Divisional Council or Municipality.]

18. [The Magistrate receiving the lists shall cause a true list to be made out for his " jury district" and shall mark the word "special" against the names of such persons as are qualified to serve as special jurors.]

19. [A copy of the list shall be affixed to the door of the court-house with a notice stating that a court will be held to revise the list.]

20. [If there is no jury list for the year, the list of the previous year shall be used.]

COURT OF REVISION OF JURY LISTS.

21. On the day and at the place appointed in the notice aforesaid, the Resident Magistrate shall hold a court, consisting of himself as president, and such members of the Divisional Council (if any) as may attend, for revising the

jurors' lists, but if after fifteen minutes of the time appointed no member of the Divisional Council is in attendance the Resident Magistrate may act alone.

22. The decisions of the said court shall be by majority of the votes of those attending, and if there be an equality of votes, the Resident Magistrate presiding shall have a casting vote in addition to his vote as a member of the court. When no member of the Divisional Council attends, the decision of the Resident Magistrate shall be the decision of the said court. 23. [Lists to be produced at court.]

24. [Court may strike out names on the list.]

25. [Court may correct errors in the lists.]

26. [After the lists are revised they shall be sent to the Sheriff of the Colony.]

JURORS' BOOKS.

27. [The Sheriff shall cause a Jurors' Book to be kept for each district in which shall be copied the names of jurors.]

SPECIAL JURY IN CRIMINAL CASES.

28. The Supreme Court, Court of the Eastern Districts, or High Court of Griqualand, within the jurisdiction of such courts respectively, may on application made on behalf of Her Majesty, or by any private prosecutor entitled to prosecute, or by or on behalf of any defendant or person committed for trial for any indictable offence (whether the indictment or information shall have been served upon the accused or not), order that the trial of the accused named in such order shall be by a special jury in such courts, respectively, or in any Circuit Court.

29. Whenever a criminal case has been ordered to be tried before a special jury, the Registrar of the Court granting such order shall forward a notice to the Sheriff, or his deputy in the district in which the trial is to be held, informing him thereof.

30. [The Sheriff or his deputy shall thereupon draw the names of 27 special jurors.]

31. [The prosecutor or his agent and the defendant or his attorney shall then be entitled to strike out four names each from the list of 27.]

32. [If the parties do not appear, the Sheriff shall reduce the list to 19.]

33. The persons whose names are not struck out shall be summoned to attend for the trial.

SUMMONING JURORS.

34. [The Sheriff or his deputy shall summon the juries for criminal sessions ten days before the trial and for civil cases