Jury Act

Link to law: http://laws.gov.ag/acts/chapters/cap-228.pdf
Published: 1914

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4 JUT (CAP. 228 1
i

CHAPTER 228

THE JURY ACT

Arrangement of Sections
Section

PRELIMINARY

1. Short title.
2. Interpretation.
3 . Books, ballot box and counters.

PART I

QUALIFICATION O F JURORS

4. Qualification of Jurors.
5. Exemption.
6. Disqualification.

PART I1

JURORS' REGISTER

7. Jurors' list.
8. Publication of jurors' list.
9. Revision of jurors' list.

10. Jurors' Register.

PART I11

AMENDMENT OF JURORS' REGISTER

11. Amendment of jurors' register.

PART IV

ARRAYS O F JURORS

12. Time of impanelling. Number to be impanelled.
13. Certain jurors not to be impanelled.
14. Mode of impanelling.

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2 CAP. 228) JUT

15. Preliminary panel.
16. Panel of array.

PART V

SUMMONING OF JURORS

17. Day for which jurors to be summoned.
18. Service of summons.

PART VI

TRIALS

19. Quashing of array.
20. Impanelling of further jury.
21. Number of jury.
22. Peremptory challenges and standing by.
23. Challenges for cause.
24. Mode of impanelling juries.
25. Swearing jury.
26. View.
27. Refreshment to jury.
28. Death, absence or incapacity of juror.
29. Separation of jury during adjournments.
30. Verdict.
3 1. Jury not agreeing may, in certain cases, be discharged.
32. New trial in case of abortive trial.

PART VII

EXCUSE OF JURORS

33. Excusing jurors.
34. Exemption of woman in certain cases.

PART VIII

FINES O F JURORS

35. Fines.
36. Registrar to record fines.
37. Reduction or remission of fines.
38. Payment and recovery of fines.

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JUT (CAP. 228 3

PART IX

PAYMENT O F JURORS

39. Scale in civil proceedings.
40. Deposit in advance of jury money.
41. Payment of jurors during trial.
42. Costs consequent on trial by jury.
43. Rules for payment of jurors out of public funds.

PART X

GENERAL PROVISIONS

44. Trial of aliens.
45. Combinatiion of offices.
46. Affirmations in lieu of oath.
47. Kissing the Book in swearing.

FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE

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JUT (CAP. 228 5

JURY

511930.
3011937.
1111939.

( I s t 1914.) S.R.O. 2211956.
211959.

1811986.
1811989.

PRELIMINARY

1. This Act may be cited as the Jury Act. Short title.

2. In this Act- Interpretation.

"alphabetical order" means alphabetical order of
surnames;

"business" includes the cultivation of land:

Provided that, where two or more parcels of
land are cultivated as distinct units, the cultivation
of each such parcel shall be deemed to be a distinct
business;

"civil proceeding" means any proceeding other than
a criminal proceeding;

'6 counters" means slips, disks or pieces of wood, metal,
paper, parchment, bone, ivory, or other similar
substance:

6'. juror" means a person whose name is included in a
jurors' register for the time being in force;

" jurors' . register" when not qualified by the addition
of a year, means jurors' register for the time being
in force;

' 'Magistrate' ' means Magistrate of the district, in which
is situate the Court House of the Circuit in which
the Registrar referred to in the context serves;

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6 CAP. 228) JUT

"prescribed particulars" means the place of abode and
the title, quality, calling, or business, and the pro-
perty qualification;

"proceeding" includes cause, matter, or issue of fact,
in the High Court;

"Registrar" includes representative authorized in
writing by the Registrar;

(2) "The prescribed manner" of entering names in a
panel of array is by entering the names in alphabetical order;
writing opposite to each name the place of abode of the person
named; and prefixing the number "1" to the first name,
the number "2" to the second name, and so on, in respect
of each name, in an arithmetical series.

Books, ballot box
and counters. 3. (1) The Registrar shall, at the expense of Antigua

and Barbuda, provide himself with a iuror's book, a . .
preliminary panel book, a ballot box and a kfficient number
of counters for carrying out the provisions of this Act.

(2) The counters so provided shall be numbered, respec-
tively, in an arithmetical series, from one upwards, and shall
be, as far as possible, exactly similar each to the other, except
as regards the numbers, so as not to be distinguishable to
the touch.

PART I

QUALIFICATION OF JURORS

Qualification of 4. Every person, between the ages of eighteen and
Jurors.

sixty-five years who-

(a) has in his or her own name, or in trust for him
or her, any lands or tenements, in Antigua and Barbuda
of the value of 'five thousand dollars or upwards; or

( b ) rents any lands or tenements, in Antigua and
Barbuda, of the annual value of one thousand dollars,
or upwards; or

(c) holds any office or situation, in Antigua and
Barbuda, at a salary amounting, with allowances, to

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JUT (CAP. 228 7

the sum of five thousand dollars per annum, or upwards;
or

(d) is in receipt of an income, from whatever source
derived, of two thousand dollars per annum, or upwards;

shall, unless exempted or disqualified under the the provisions
of sections 5 and 6 be liable to serve as a juror.

5 . Each of the persons described in the First Schedule ~ ~ Y T ~ ~ ~ ~ ~ ~ , , ,
shall be exempt from serving as a juror.

6. Each of the following persons shall be disqualified Disqualification.
from serving as a juror-

(a) persons who are not citizens of Antigua and
Barbuda who have not been previously permanently
resident in Antigua and Barbuda for at least five years;

(6) person disabled by unsoundness of mind, or
by deafness, blindness, or other permanent infirmity
of body;

(6 ) persons who have been previously convicted of
any treason, felony, or infamous crime, and have not
received a free pardon;

(6) persons who cannot read and write the English
language and understand the same when spoken; and

( e ) persons who are bankrupt or have entered into
a deed of arrangement with their creditors.

PART I1

JURORS' REGISTER

7. Between the 1st and 7th days of December of every Jurors' list.
year, the Registrar-

(a) shall make out, in the form in the Second Second Schedule.
Schedule, a list, for the ensuing calendar year, in
alphabetical order, of all persons resident in Antigua
and Barbuda, who in his opinion, are liable to serve
as jurors, with the full Christian name and surname,
and the, prescribed particulars, of each such person set
forth, to the best of his knowledge and belief, in the
proper columns of the list;

CAP. 228)

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( 6 ) when the list is complete, shall write at the end
thereof a notice, in the form in the Second Schedule,
stating the day on which the list will be revised by the
Magistrate as hereinafter provided; which day shall be
the day of the first sitting of the Magistrate's Court after
the expiration of 14 days from the day of the publica-
tion of the list and notice as hereinafter provided.

Publication of
jurors' list.

8. (1) As soon as practicable after the Registrar has
completed any such list and notice, he shall publish the same
by causing a copy thereof to be inserted in, at least, one
issue of a newspaper circulating in Antigua and Barbuda,
or, in the Gazette, or, by causing a copy of the list and notice
to be posted in a conspicuous place at, or near, the door,
or one of the doors, of the Court House, and in such other
place or places as the Minister may direct.

(2) When the list and notice are published by copies
being posted as aforesaid, the copies shall be kept posted
until after the list has been revised as hereinafter provided.

Revision of
jurors' list.

9. (1) When any such list and notice have been made
out and published by the Registrar, as aforesaid, then, at
the first sitting of the Magistrate's Court which shall be held
after the expiration of 14 days from the day of the publica-
tion aforesaid-

(a) The Registrar shall produce to the Magistrate i.
the original list and notice; satisfy the Magistrate as to
the day on which the same were published as aforesaid;
and answer such questions as may be put to him by
the Magistrate touching the list; and 1

(6) The Magistrate shall revise the said list and shall
upon any evidence which may be adduced before him, 3

or of his own knowledge, information and belief-

(i) strike out from the list the name of any person
therein included, who, in the opinion of the
Magistrate, is not liable to serve as a juror;

(ii) add to the list the name of any person, who,
in the opinion of the Magistrate, is liable to
serve as a juror:

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Jury (CAP. 228 9

Provided that where the name of any
person is so added, the full Christian name
and surname and the prescribed particulars,
of each such person shall be set forth in the
proper columns of the list, to the best of the
Magistrate's knowledge, information and
belief; and

(iii) correct any error or omission which shall
appear to him to have been made in respect
of the prescribed particulars of any person
included in the list:

Provided that, before making any alteration in the
list, the Magistrate shall hear any objection which the
Registrar may make thereto.

(2) Any person may appear at the revision, either
personally, or by his counsel or solicitor, and claim, and
adduce evidence to show, that he is, or is not, liable to serve
as a juror, or may, instead of appearing at the revision, give
the Magistrate notice in writing of the particulars of his claim,
supporting the same by such evidence as he may think fit,
and, in this latter case, the Magistrate shall, as far as he
reasonably can, inquire into the claim notwithstanding that
the claimant does not appear before him:

Provided that, in any case where any claim is made
under this subsection, the burden of proof shall lie on the
person making it.

(3) The Magistrate may call any evidence which he may
think fit with respect to any matter touching the revision.

(4) As soon as the list has been revised by the
Magistrate, as aforesaid, he shall write a certificate thereon
in the form in the Third Schedule and shall return the list Third Schedule.
to the Registrar.

10. (1) On the receipt of any such list, so revised and Jurors' Register.
certified as aforesaid, the Registrar shall cause the list, but
not the notice and certificate at the end thereof, to be copied
into the jurors' book:

Provided that-

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10 CAP. 228) JUV

(a) in the heading, the word "Register" shall be
substituted for the word "List";

(b) the names of the persons included in the list,
as revised by the Magistrate, shall be copied in the
jurors' book in alphabetical order.

(2) The copy of the jurors' list so made in the jurors'
book shall be the jurors' register for the calendar year stated
in the heading.

(3) Every jury register shall continue in force during
the calendar year stated in the heading.

(4) Every person, whose name is included in the jurors'
register, shall, while the register is in force, be liable to be
summoned to, and serve as a juror, as hereinafter provided.

PART I11

AMENDMENT OF JURORS' REGISTER

Amendment of 1 . (1) At any time while a jurors' register is in
jurors' register. force-

(a) the Registrar, if he has cause to believe that
any person, whose name is included in the register, is
dead, or has permanently ceased to reside in Antigua
and Barbuda, or is permanently disabled from serving
as a juror by unsoundness of mind, or by blindness,
deafness, or other bodily infirmity, shall bring the matter
to the notice of the Magistrate, at the same time pro-
ducing the register; and

( b ) the Magistrate shall thereupon inquire into the
matter, and if, either upon evidence adduced, or of his
own knowledge, information and belief, he is of the
opinion that the person is dead, or has permanently
ceased to reside in Antigua and Barbuda, or is
permanently disabled from serving as a juror by
unsoundness of mind, or bodily infirmity; as aforesaid,
may cancel the entry in the jurors7 register relating to
such person, by ruling lines through the entry, and
writing in the column of the register headed "Remarks",
opposite to the entry, the word "cancelled", together
with his signature and the date.

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JKY (CAP. 228 11

(2) When any entry in a register is cancelled under this
section, the Registrar shall thereupon, if the name of the
person to whom the entry relates is included in the last
preliminary panel, and is not therein marked "Impanell-
ed", cancel the name where it occurs in the panel.

PART IV

ARRAYS OF JURORS

12. (1) Whenever the date approaches for holding a Time of
impanelling.

Circuit Court, the Registrar shall, on such a day as will leave Number to be
sufficient time for the persons impanelled to be duly sum- impanelled.
moned, as hereinafter provided, impanel in the manner
hereinafter prescribed, an array ofjurors to serve at the said
Court.

(2) Subject to the provisions of subsection (4) of
section 14, every array of jurors shall consist of thirty-six
persons, but any judge may, by an order in writing under
his hand, direct a greater number to be impanelled for any
Circuit Court specified in the order, and, when any such
order has been made, the number directed in the order shall
be impanelled accordingly.

13. (1) Subject to the provisions of subsection (4) of
section 14, the Registrar shall not impanel in an array of impanelled.
jurors any juror, who is known, or believed, by him to be
temporarily absent from Antigua and Barbuda, and not likely
to return in time to be summoned to attend the Circuit Court,
and shall not impanel in the same array of jurors more than
one of the jurors, who, to the best of his knowledge, informa-
tion and belief, are employed, at the time, in the same
business:

Provided that where the number of jurors employed in
the same business exceeds eight the Registrar may impanel
in the same array of jurors one-third of the number of jurors
so employed at the time.

(2) Where two or more distinct businesses are carried
on by, or on behalf or for the benefit of, the same person,
or persons, the fact that a juror, employed in one such
businesses, has been impanelled to serve on an array, shall

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12 CAP. 228) Jury

not excuse another juror, employed in another of such
businesses, from being impanelled in the same array.

(3) Any person carrying on, or for the time being in
charge of, any business in Antigua and Barbuda, may, from
time to time, give to the Registrar a list of jurors employed
in the business, and the Registrar, upon receiving the said
list, shall, when he next proceeds to impanel a jury, make
such enquiries as he may think fit, and act accordingly.

(4) The decision of the Registrar as to whether two or
more jurors are, or are not, employed in the same business
shall, for the purposes of this section, be final.

Mode of
impanelling.

14. (1) When the Registrar is impanelling an array
of jurors, he shall, subject to the provisions of subsection
(4), make in the preliminary panel book a preliminary panel,

Fourth Schedule. in the form in the Fourth Schedule, in which he shall, after
any names, which under the provisions of section 15, are
to be inserted therein, insert as many more names as may
be required, taken alternately from the first and the last parts
of the jurors' register, as follows, namely-

(a) He shall ascertain which of the persons, whose
names are included in the first part of the jurors' register,
was impanelled last, at the last impanelling of an array
of jurors, whether in the same or the preceding year,
and shall insert in the preliminary panel, as the next
name, the name which in the register, immediately
succeeds the name of such person;

( b ) He shall next ascertain which of the persons,
whose names are included in the last part of the register,
was impanelled last, at the last impanelling aforesaid,
and shall insert in the preliminary panel, as the next
name, the name which, in the register, immediately
precedes the name of such person;

(c) He shall insert in the preliminary panel, as the
next name, the name, which, in the register, is the
second name below the name of the person first
ascertained, as above provided, and as the next name,
the name which, in the register, is the second name
above the name of the person last ascertained, as above

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JUV (CAP. 228 13

provided, and so on, until as many names as may be
required are inserted in the prelimnary panel:

Provided that, if and whenever, this is no longer
possible, he shall insert in the preliminary panel the first
name in the register, and next the last name in the
register, and next the second name in the register and
next the last name but one in the register, and so on,
until as many names, as may be required, are inserted
in the preliminary panel.

(2) As each name is included in the preliminary panel,
whether taken from the last preceding preliminary panel,
as prescribed in section 15, or from the register, as prescribed
in subsection (1) the Registrar shall-

(a) If there is no objection, under section 13 to the
person named being impanelled, write the word "Im-
panelled" opposite the name in the preliminary panel; or

(6) If the person named is known by the Registrar
to be temporarily absent from Antigua and Barbuda,
and not likely to return in time to be duly summoned
to the Circuit Court, or is known to be employed in
any business in whch another person, whose name has
already been inserted in the preliminary panel and
therein marked "Impanelled", is known by the
Registrar to be employed, the Registrar shall write in
the preliminary panel, opposite the name of the person
so absent, or so employed as first mentioned, instead
of the word "Impanelled", the words, according to the
circumstances, "Temporarily absent", or "Employed
in the same business as ", (inserting the
name previously inserted in the preliminary panel, and
therein marked "Impanelled", of the person known by
the Registrar to be employed in the same business).

(3) When thirty-six names inserted in the preliminary
panel have been marked "Impanelled", as aforesaid, the
preliminary panel shall be complete.

(4) Notwithstanding anything hereinbefore contained,
if, when the Registrar is impanelling an array of jurors to
serve at a Circuit Court, the number ofjurors, whose names
are included in the jurors' register, does not exceed thirty-
six, the Registrar shall impanel, as the array to serve at the

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14 CAP. 228) Ju7y

Circuit Court in question, all the jurors whose names are
included in the register, and such array shall be good and
valid, although the number impanelled is less than thirty-six.

Preliminary
panel.

15. Every preliminary panel shall be made in the
preliminary panel book, and shall be signed and dated by
the Registrar, and, whenever the Registrar is making out
a preliminary panel under this section, if there are any names
included, but not marked "Impanelled" in the last preceding
preliminary panel the Registrar shall insert such names, or
such of them as have not been cancelled under the provisions
of section 11 as the first names in the new preliminary panel,
in the same order in which they occur in the last preceding
preliminary panel.

Panel of array. 16. (1) As soon as the Registrar has completed a
preliminary panel as aforesaid, he shall cause the names,
therein marked "Impanelled", to be entered in the prescribed
manner in a panel of array.

(2) When an array is impanelled under subsection (4)
of section 14 the names of the persons impanelled shall be
entered in the prescribed manner in a panel of array.

PART V

SUMMONING OF JURORS

Day for which 17. As soon as an array of jurors has been impanel-
jurors to be
summoned. led, the Registrar shall proceed to summon each of the jurors

included in the array to attend on the day fixed for the holding
of the next Circuit Court.

Service of 18. A summons to attend as a juror shall be signed
summons. by the Registrar, and may be served either-

(a) by being delivered to the juror, or left at his
usual place of abode, at least six days before the day
on which the juror is summoned to attend; or

( 6 ) through the post office in the manner and on
the conditions following-

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JUV (CAP. 228 15

(i) the summons and the duplicate thereof shall
each be legibly addressed to the juror at his
place of abode, as described in the jurors'
register, or, at such other address as the
Registrar shall, after enquiry, believe to be
correct, and the summons and the duplicate
thereof shall each have the words "Jury
Summons" legibly written thereon on the same
side as the address;

(ii) the summons, together with the duplicate
thereof, shall be delivered to the postmaster
of the principal post office at his office during
business hours at least eight days before the
day on which the juror is cited to attend;

(iii) the postmaster shall compare the address on
the duplicate with the address on the summons,
and if they both agree, and if the summons
and the duplicate both have legibly written
thereon the words "Jury Summons", shall
stamp the duplicate with the stamp of the post
office, and return it to the person who brought
it to him, and shall keep the summons for
transmission to its address, treating it in all
respects as a registered letter except that it shall
be forwarded open and that no fee shall be
charged;

(iv) if it is reported to the postmaster that any sum-
mons so kept by him has not been delivered
at its address, the postmaster shall endorse
thereon the cause of the non-delivery, and for-
ward it without delay to the Registrar, who
shall forthwith endorse on the face of the
duplicate the words "Not delivered" and sign
and date such endorsement;

(v) a duplicate purporting to be a summons to a
juror, stamped as hereinbefore provided and
not endorsed "Not delivered", as hereinbefore
provided, shall be primafacie evidence that the
summons was duly served on the juror.

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16 CAP. 228) Jury

Quashing of
array.

Impanelling of
further jury.

Number of jury.

Peremptory
challenges and
standing by.

Challenges for
cause.

PART VI

TRIALS

19. Every application, made at a Circuit Court for
the quashing of an array, shall be heard and determined
by the presiding Judge, and no array shall be quashed on
the ground of any formal defect, or of any breach of any
of the provisions of this Act, unless the presiding Judge is
satisfied that it is expedient, on the merits and in the interests
of justice, that the array should be quashed.

20. If, at any Circuit Court, a proceeding is brought
on for trial before the jury impanelled for the trial of any
other proceeding have been discharged, the presiding Judge
may order another jury to be impanelled from the jurors
who are not then impanelled.

21. Every jury impanelled for the trial of any pro-
ceeding shall consist of nine persons and no more.

22. When a jury is being impanelled for the trial in
the High Court of any person or persons charged with any
treason, felony or misdemeanour-

(a) the person charged, or each of the persons
charged, may peremptorily and without assigning cause
challenge any number of jurors not exceeding three;

( 6 ) the Crown shall have the same right as, at the
commencement of this Act, it has in England, to ask
that jurors stand by until the panel has been "gone
through" or perused.

23. (1) When a jury is being impanelled for the trial
of any proceeding, any juror, whose name has been drawn
as hereinafter provided, may be challenged for cause by any
of the parties to the issue, and, where any such challenge
is made, the same shall be inquired into by the presiding
Judge, who, after hearing any evidence which may be
adduced, may allow, or disallow such challenge, and the deci-
sion of the Judge, as to what is or is not, sufficient cause,
shall be final.

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(CAP. 228

(2) In this section "cause" means anything which, in
the opinion of the presiding Judge, renders it improper, or
inadvisable, that the person challenged should be impanelled
for the trial of the proceeding.

24. (1) A jury for the trial of a proceeding shall be p$n:inr
impanelled as follows, that is to say- juries.

( a ) The Registrar shall place in the ballot box, for
every name included in the panel of the array, a counter
inscribed with a number corresponding to the number
prefixed to the name in the panel, and, having
thoroughly intermixed the counters, shall proceed to
draw, one by one, out of the box, nine counters, and,
as each counter is drawn, shall write down the number
inscribed on the counter, and, opposite to the number,
the name in the panel to which that number is prefixed,
and call out the name. The juror named shall then enter
the jurors' box:

Provided that, if any jurors so drawn and called
do not appear and enter the jurors' box, or, in a criminal
proceeding, being present, are asked by the Crown to
stand by, the Registrar shall proceed in the manner
above-mentioned until nine jurors have entered the
jurors7 box. If, from any cause, the full number of nine
cannot be made up from the jurors included in the array,
the presiding Judge may require as many other jurors
present to serve on the jury as may be necessary to com-
plete the full number, and every juror so required shall
be liable to serve as a juror for the trial of the said pro-
ceeding, and shall, as soon as his name is called, enter
the jurors' box.

( b ) When nine jurors are in the jurors' box, if any
challenges are made, whether peremptorily or for cause,
as each challenge is made, it shall be heard and deter-
mined, and, if the challenge is allowed, the juror
challenged shall leave the box, and another juror be
selected in the manner above-mentioned, and, on his
entering the box, the next challenge, if any, shall be
made and determined, and, if it is allowed, the juror
challenged shall leave the box, and another juror be
selected in his stead, in the manner above-mentioned,
and shall enter the box.

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18 CAP. 228) JUT

(c) As soon as nine persons are in the jurors' box,
who are not challenged, or have not been successfully
challenged, they shall be the jurors impanelled for the
trial of the proceeding, and shall then be counted and
sworn.

(6) In every criminal proceeding, the person
charged shall, before any juror is sworn, be informed
of his right, and be given a reasonable opportunity to
challenge whether peremptorily or for cause, before the
Registrar begins to administer the oath to any of the
jurors, but no challenge shall be allowed after the
Registrar has, with the leave of the presiding Judge,
begun to administer the oath to any of the jurors
impanelled.

(2) Notwithstanding anything hereinbefore contained,
where, at any Circuit Court, no objection shall be made by
any party to a proceeding, the proceeding may be tried by
the Judge with the same jury which, at the same Circuit
Court has previously tried, or been drawn to try, another
proceeding, or the Judge may order any of the said jury to
whom both parties object, or who is, or are, excused by the
Judge, or successfully challenged, to withdraw, and another
juror or other jurors to be drawn instead, and may try the
first mentioned proceeding with a jury composed of the
residue of the original jury and such additional juror or jurors.
The jury, by whom any proceeding is to be tried under this
section, shall first be duly sworn for the trial of the proceeding
in the same manner as if they had been impanelled under
section (1).

Swearing jury.

View.

25. Jurors impanelled for the trial of any proceeding
shall be sworn in the same manner, subject to the provisions
of section 47, and with the same form of oath, in and with
which jurors, impanelled in England for the trial of a similar
proceeding, might be sworn.

26. Whenever, at the trial of any proceeding, the
presiding Judge is of the opinion that is expedient, in the
interests of justice, that the jury impanelled to try the pro-
ceeding should have a view of any place, or of any real or
personal property, connected with the proceeding, the Judge

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JUT (CAP. 228 19

may order such view to be made accordingly, under such
conditions as to costs, and generally, as he shall think fit.

27. After a jury has been impanelled and sworn for Refreshment to
the trial of a proceeding, they may, in the discretion of the jUv'
presiding Judge, and subject to such conditions as he may
think fit, be allowed, at any time before giving their verdict,
reasonable refreshment, to be procured in criminal cases at
the expense of the Crown, and in civil cases at their own
expense.

28. If, during the trial of any proceeding, not being Death, absence
or incapacity of the trial of a capital charge, one of the jury shall die, or juror.

become incapable of serving, or shall absent himself, it shall
not be necessary to discharge the jury, or to add thereunto
another juror, but the trial shall be proceeded with by the
remaining eight jurors notwithstanding such death, absence
or incapacity.

29. (1) Whenever, at any Circuit Court, the trial of Separation of
jury during

any person charged with any felony, or with any mis- adjou,ments.
demeanour, is adjourned, before the jury begin to consider
their verdict, either from one day to another day, or from
one hour to another hour of the same day the Judge may
permit the jury to leave the Court and separate until the
close of the said adjournment, provided the following oath
has been previously administered to them in open Court-

"You swear that, during any adjournment of this
trial of the issue joined between Our Sovereign Lady
the Queen and the prisoner at the bar (or defendant as
the case may be) which you have been sworn to try, you
will not, whilst separated and until you shall be assembl-
ed in Court again, speak with, listen to, or hold any
communication, verbal, written or otherwise, with any
person whomsoever, other than your fellow jurors im-
panelled and sworn for the trial of the said issue, on
any matter whatever relative to the said trial; and that,
upon the termination of every adjournment of the said
trial, you will again come into this Court. So help you
God. "

LAWS OF ANTIGUA AND BARBUDA

20 CAP. 228) JUT

(2) When the said oath has once been taken by a juror
in the course of a trial, it shall not be necessary to administer
it to him again during the same trial.

(3) If any juror shall refuse to take the said oath, his
refusal shall not prevent the separation or departure of so
many of the jurors as shall have taken it, but the juror so
refusing shall be kept, during such adjournment by the proper
officers sworn, in the usual manner, neither themselves to
speak to, nor hold any communication with, such juror
touching any matter relative to the said trial.

Verdict. 30. A verdict of a jury shall not, in any proceeding,
be accepted within two hours after the conclusion of the
Judge's summing up, unless it is unanimous; but, after the
expiration of two hours from the conclusion of the summing
up, any verdict, in which seven of them agree, may be
accepted as the verdict of the whole, unless it is the verdict
of guilty, or not guilty, of a capital charge, which shall not
be accepted at any time unless it is unanimous.

Jury not agreeing 31. If, in a proceeding, no verdict is delivered by a
may, in certain
cases, be jury within four hours after the conclusion of the summing
discharged. up of the presiding Judge, and the Judge is satisfied that

there is no prospect of the jury agreeing, he may discharge
them.

New trial in case
of abortive trial. 32. Whenever, from any cause, the trial of any pro-

ceeding shall prove abortive, the presiding Judge may
discharge the jury, and the proceeding may be tried with
a new jury, duly impanelled and sworn, either at the same,
or, if the Judge so orders, at the next Circuit Court, in the
same manner as if the former abortive trial had not taken
place.

PART VII

EXCUSE O F JURORS

Excusing jurors. 33. No juror, duly summoned to attend a Circuit
Court, shall be entitled to be excused from attendance thereat,
on the ground of an exemption, or disqualification, or -on
any other ground, save and except illness or unavoidable
accident, but the Judge presiding at the sitting of the Court,

LAWS OF ANTIGUA AND BARBUDA

JKY (CAP. 228 2 1

or, before the commencement of the sitting, any Judge, or,
if no Judge is present in Antigua and Barbuda, the Registrar,
may, upon reasonable and sufficient cause being shown upon
oath, or where the cause is the state of the juror's health,
on a certificate purporting to be signed by a duly qualified
medical practitioner, exempt a juror summoned to attend
thereat from attendance during the whole or any part of the
sitting.

34. Any Judge before whom a case is or may be heard Exemption of
woman in certain

may, on an application made by a woman to be exempted
from service on a jury by reason of the nature of the evidence
to be given or of the issues to be tried, grant such exemption.

PART VIII

FINES O F JURORS

35. (1) As soon as may be convenient after the open- Fines.
ing of a Circuit Court, the names of the jurors impanelled
to serve thereat shall be called, and every juror, who, having
been duly summoned, does not answer to his name, after
it has been thrice called, may be fined by the presiding Judge
any sum not exceeding five hundred dollars.

(2) Whenever at any Circuit Court a jury is being
impanelled and sworn for the trial of any proceeding-

(a) every juror duly summoned to attend the Court,
provided he has not been excused, and provided he is
not at the time serving on a jury for the trial of another
proceeding; and

( b ) every juror present in Court and required by
the Judge to serve on a jury under the provisions of
subsection (1) of section 24;

who fails to answer to his name when called, or refuses to
enter the jury box, or leaves the jury box without the per-
mission of the Judge, or refuses to be sworn for the trial
of the proceeding, may be fined by the presiding Judge any
sum not exceeding one thousand dollars.

(3) Every juror sworn to try a proceeding at a Circuit
Court, who shall leave the jury box without the permission
of the presiding Judge, or who, when the jury are allowed

CAP. 228)

LAWS OF ANTIGUA AND BARBUDA

Jury

to separate during any adjournment of the Court, fails to
return into Court at the termination of the adjournment,
may be fined by the presiding Judge any sum not exceeding
one thousand dollars.

Registrar to
record fines.

36. Whenever a juror is fined under the last preceding
section of this Act, the Registrar shall record in his minute
book the name of the juror and the amount and cause of
the fine.

Reduction or
remission of

37. (1) Whenever a juror is fined under this Act, who
fines. attended at the Circuit Court at which such fine was imposed,

the presiding Judge may, at any time during, or within one
week after the closing of the Court, upon sufficient cause
being shown, reduce or remit the fine.

(2) Whenever a juror is fined under this Act, who did
not attend at the Circuit Court at which the fine was imposed,
any Judge may, at any time before the termination of the
sitting of the next Circuit Court in Antigua and Barbuda,
upon sufficient cause being shown, reduce or remit the fine.

(3) Whenever a Judge, under this section, reduces, or
remits, any fine, he shall give due notice of such reduction
or remission, to the Registrar, and the Registrar shall
thereupon duly note such remission or reduction, accordingly,
in the margin of his minute book, opposite to the entry therein
of the imposing of the fine.

Payment and
recovery of fines.

38. (1) Where any fine has been imposed on a juror
under this Act, and the fine has not been remitted, the
amount of the fine. or. if the fine has been reduced. the ! ,
amount to which the fine has been reduced, shall be paid
to the Registrar before the closing of the session of the Court
then in progress, and, in case of default, the Registrar shall
immediatel; after the closing of the said session issue a "
warrant, directed to the Provost-Marshal, requiring him to
levy by distress and sale of the goods and chattels of the juror,
the amount of the fine, or, if the fine has been reduced, the
amount to which the fine has been reduced, and every such
warrant shall be executed in the same manner as a writ of
fie~i facias in the High Court.

LAWS OF ANTIGUA AND BARBUDA

JUT (CAP. 228 23

(2) Where any such levy is made, the amount of the
fine, or, if the fine has been reduced, the amount to which
the fine has been reduced, shall, together with the reasonable
expenses of the levy, be paid out of the proceeds thereof,
and the surplus, if any, of the proceeds of the levy shall be
returned to the juror.

(3) In case any warrant is issued, as in this section
provided, and no goods and chattels of the juror can be found
on which to levy, or, in case any levy is made as in this
section provided, and the proceeds of the levy shall be insuf-
ficient to pay the reasonable expenses of the levy and the
amount to recover which the levy was made, any Judge,
on the application of the Registrar, such application being
supported by an affidavit, or affidavits, verifying the facts,
may, by warrant of commitment under his hand, directed
to the Provost-Marshal and the keeper of the prison, order
the juror to be imprisoned for any period not exceeding one
month, unless the amount due in respect of the warrant to
levy and the execution thereof, is sooner paid, and may issue
such further process as may be necessary to enforce the said
order:

Provided that, where any application is made under this
section for a warrant of commitment, the Judge may adjourn
the application and order notice thereof to be served on the
juror.

PART IX

PAYMENT O F JURORS

39. (1) Every juror who attends at the Court for the scale in civil
proceedings.

trial of a civil proceeding in obedience to a summons served
upon him in that behalf, under this Act, shall be entitled
to receive the sums in this subsection mentioned that is to
say-

(a) in the case of jurors duly sworn for the trial
of the proceeding, the sum of fifteen dollars for each
day or part of a day during which they shall serve as
jurors;

(6) in the case of jurors not sworn for the trial of
the proceeding, the sum of fifteen dollars only;

LAWS OF ANTIGUA AND BARBUDA

24 CAP. 228) JUY

(c) in the case of all jurors, the expenses actually
incurred in travelling to the Court where the civil pro-
ceeding is tried, but not exceeding one dollar per mile
for every mile of the journey travelled:

Provided that jurors not sworn for the trial of a
proceeding shall be entitled to receive the expenses
incurred for travelling in respect of the first day's
attendance only.

(2) Every juror who attends at a Circuit Court for the
trial of criminal proceedings in obedience to a summons
served upon him in that behalf under this Act, and who is
duly sworn for the trial of a civil proceeding, shall be entitl-
ed to receive-

(a) the sum of fifteen dollars for each day or part
of a day during which he serves as a juror in the civil
proceeding.

(6 ) the expenses actually incurred in travelling to
the Court where the civil proceeding is tried, but not
exceeding one dollar per mile:

Provided that no juror shall receive an allowance
under this enactment who shall be entitled to receive
the allowance provided by subsection (1) of section 43.

(3) Every juror who by reason of his service as a juror
in the trial of a civil proceeding is necessarily absent from
his home at night shall be entitled to receive in addition to
the sums hereinbefore in this section mentioned, the sum
of ten dollars for each night while so absent.

Deposit in
advance of jury

40. (1) No jury shall be impanelled for the trial of
money. any civil proceedng, unless the party applying for the im-

panelling has first deposited with the Registrar, such sum
as the Registrar may think fit, for the payment of the jury,
in accordance with the provisions of section 39.

(2) Where the decision of the Registrar as to the amount
of any deposit payable under this section is questioned by
the party by whom it is to be paid, then, if or whenever
a judge is present in Antigua and Barbuda, the Judge shall
hear the Registrar and the party, and decide what shall be
the amount of the deposit.

LAWS OF ANTIGUA AND BARBUDA

Jurr (CAP. 228 25

4 1. (1) Where any deposit is made, in any civil pro- payment of
jurors during ceeding, under the provisions of section 40, the Registrar trial.

shall, at the close of each day during which the jury serve
on the trial of the proceeding, pay, out of the deposit, to
each of the jurors impanelled, the sum to which he is entitled
under the provisions of section 39, and, if, after the jury
have been discharged the deposit is not yet exhausted, shall
pay the surplus to the party by whom the deposit was made,
but, if and whenever, at the close of any day, the money
deposited for the payment of the jurors is exhausted, he shall
at once report the fact to the presiding Judge, who shall for-
thwith discharge the jury, unless the party, at whose instance
the jury was impanelled, or any other party to the proceeding,
shall forthwith deposit with the Registrar such further sum
as the Judge shall think fit for the payment of the jury as
aforesaid.

(2) Whenever a jury is discharged under the provisions
of this section, the trial shall proceed before the Judge alone
in the same manner as if the jury had not been impanelled.

42. Whenever any civil proceeding is tried by a jury, :;s:;i,"~r;~:;t
and the costs of the trial are awarded to the party to the

A .

proceeding at whose instance the jury was impanelled, such
costs shall, unless the presiding Judge otherwise order, include
the moneys which have been paid to the jury under the pro-
visions of section 41.

43. (1) The Minister may make rules authorizing the Rules for
payment of

payment, of such allowances, on such scales and in such cases, ju,, out of
as he may think fit, to jurors attending at the Circuit Courts, public funds.
in pursuance of summonses under this Act, or impanelled
under the provisions of this Act:

Provided that no juror shall receive any allowance, under
the said rules, in respect of any day on which he has served
on a jury impanelled and sworn for the trial of a civil
proceeding.

(2) The said allowances may include compensation for
loss of time, and expenses paid, or incurred, in going to,
attending at, and returning from, Circuit Courts.

LAWS OF ANTIGUA AND BARBUDA

26 CAP. 228) Jury

(3) All allowances payable under any such rules, shall
be paid, on the warrant of the Minister, out of the Con-
solidated Fund.

PART X

GENERAL PROVISIONS

Trial of aliens. 44. No alien shall be entitled to be tried by a jury
de medietate linguae, but every alien shall be triable by a jury
impanelled and sworn under this Act, in the same manner
as if he were a citizen of Antigua and Barbuda.

Combination of 45. Where any person holds the combined offices of
offices. Registrar and Magistrate, he may perform the duties imposed

on him by this Act in respect of each of the said offices, not-
withstanding such combination.

Affirmations in
lieu of oath.

46. Whenever the taking of an oath is required under
Cap. 297. this Act, the provisions of the Oaths Act shall apply.

Kissing the Book
in swearing.

47. Whenever a juror is sworn, under the provisions
of this Act, upon a Book, he shall not be required to kiss
the Book, but shall hold it in his right hand, while the oath
is being administered to him, and when the oath has been
administered to him, shall say, "I will", or such other words
of assent as shall be directed by the presiding Judge.

LAWS OF ANTIGUA AND BARBUDA

Jury (CAP. 228 27

FIRST SCHEDULE S. 5

Members of Parliament and their spouses.
The Clerk to Parliament.

Members of the Staff of the Ministry responsible for Legal Affairs including
the staff of the Attorney-General's Office and the Registrar's Office, Members
of the Director of Public Prosecutions' Staff, Legal Officers in the Judicial and
Legal Service, Magistrates and their Clerks.

Secretary to the Cabinet, Chief Establishment Officer, Financial Secretary,
Solicitor General, Permanent Secretaries, Senior Assistant Secretaries, other heads
of division of government departments and any person holding a public office
that is set out in the First Schedule to the Civil Service Act.

Secretary to the Public and Police Services Commissions and Secretary to
the Governor-General.

Officers of the Courts of Law, and Barristers and Solicitors in actual practice
and their Clerks.

Full time members of the Fire Brigade.

Police Officers.

Members of the regular force of the Antigua and Barbuda Defence Forces.

Security guards at the V.C. Bird International Airport, Barbuda Airport and
the St. John's Deepwater Harbour.

Keepers and other officers of prisons

Matron and other members of the nursing, professional and para-professional
staff of hospitals.

Ministers of Religion.

Principals of schools and full time school teachers.

Medical Practitioners.

Chemist and druggists, registered under the Medical Act.

Bank Managers.

Persons engaged in Telegraphic Services.

All Diplomatic Agents, Consular Officers and Consular Employees of foreign
powers and members of their family, being of foreign nationality.

Representatives and officials of regional and international organisations and
agencies.

LAWS OF ANTIGUA AND BARBUDA

28 CAP. 228) J V

SECOND SCHEDULE
Circuit.

JURORS' LIST FOR T H E YEAR 19

NOTICE

Christian and
Surname
at length

The above are the persons whom it is proposed should be inserted in the
Jurors' Register for the year 19 . The list will be revised at the sitting of the
Magistrate's Court to be holden at , on the
day of , at o'clock, and the Magistrate may then
make such changes therein as he may think fit, either by adding or striking out
names, or otherwise. Any person, whether included or not included in the said
list, may then appear personally, or by his counsel or solicitor, and claim that
he is, or is not, liable to serve as a juror, or, if unable to attend personally, may
give the Magistrate notice in writing of his claim, supporting it by such evidence
as he may think fit, and the Magistrate will then, as far as he reasonably can,
inquire into the claim. The Magistrate's decision in revising the said list will be
conclusive, and all persons included in the said list, after it has been revised by
the Magistrate, will be liable during the year 19 to be summoned and serve
as jurors, notwithstanding any disqualification or exemption other than illness
or unavoidable accident.

Dated this day of 19

Place of
abode

Registrar for the Circuit

Calling Nature of
Qualification

Remarks

LAWS OF ANTIGUA AND BARBUDA

JUT (CAP. 228 2 9

THIRD SCHEDULE S. 9

I CERTIFY that this list has been revised by me, and that it is, to the best
of my knowledge, information and belief, a true and correct list of the persons
who are liable to serve in Antigua and Barbuda, as jurors.

Dated this day of

FOURTH SCHEDULE

19

Magistrate.

Circuit.
PRELIMINARY PANEL

FOR THE CIRCUIT COURT T O BE HELD O N T H E
DAY O F 19

I I

I I

*Put P.P. for last Preliminary Panel and J.R. for Jurors' Register.

Name of Juror.

Whether taken from
last Preliminary

Panel or direct from
Jurors' Register. *

Whether impanelled
and if not, why not?