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Secs. 398-400.

Shall be appealable, &c.-Orders passed under this section are by the provisions of this section appealable to the Magistrate of the District, as well as subject to revision by him. Under the old law there was no such power of appeal.

399.

Deposit may be made instead of bail.

When any person is required by any officer or Criminal Court to give bail, except in cases coming under Chapter XXXVIII, such officer or Court may permit such person to deposit a sum of money or Government promissory notes to such amount as it may fix in lieu of such bail.

CHAPTER XXIX.

This Chapter contains the provisions of Chapter XXIII, Act XXV, of 1861 as amended by Act VIII of 1869. By the provisions of this Chapter, the Sessions Judge and the Collector are to make out the requisite lists, and the Sessions Judge and Collector, or Sessions Judge and other officer are jointly to hear objections, and to disqualify persons from serving as Jurors, &c. The Sessions Judge and Collector must concur as to their unfitness.

FORMATION OF LISTS OF JURORS AND ASSESSORS AND THEIR ATTENDANCE.

400. The Sessions Judge and the Collector of the DisList of jurors and trict or such other officer as the Local Government from time to time appoints.

assessors.

in this behalf, shall prepare and make out in alphabetical order a list of persons residing within ten miles from the place where trials before the Court of Session are held, or within such other distance as the Local Government thinks fit to direct, who are, in the judgment of the Sessions Judge and Collector or other officer as aforesaid, qualified from their education and character to serve as jurors or as assessors, respectively.

The list shall contain the name, place of abode, and

Sec. 400-402.

quality or business of every such person; and if the person is a European or an American, the list shall mention the race to which he belongs.

Persons exempted need not necessarily be excluded from the lists here referred to; they may claim exemption if they so see fit. Vide Section 406 post.

Publication of list.

401. Copies of such list shall be stuck up in the office of the Collector or other officer as aforesaid, and in the Court-house of the Magistrate of the District, and of the Chief Civil Court, and in some conspicuous place in the town or towns near, or in the vicinity of which the persons named in the list reside.

To every such copy shall be subjoined a notice, stating that objections to the list will be heard and determined by the Sessions Judge and Collector, or other officer as aforesaid, at the Sessions Court-house, and at a time to be mentioned in the notice.

Revision of list.

402. For the hearing of such objections, the Sessions Judge shall sit with the Collector, or other officer as aforesaid, and shall at the time and place mentioned in the notice, revise the list and hear the objections (if any) of persons interested in the amendment thereof, and shall strike out the name of any person not suitable in their judgment to serve as a juror or as an assessor, or who may avail himself of the exemption from service given by section four hundred and six, and insert the name of any person omitted from the list whom they deemed qualified for such service.

In the event of a difference of opinion between the Collector or other officer as aforesaid, and the Sessions Judge, the name of the proposed juror or assessor shall be omitted from the list.

A copy of the revised list shall be signed by the Sessions Judge and Collector, or other officer as aforesaid, and sent to the Court of Session.

Secs. 402-406.

Any order of the Sessions Judge and Collector, or other officer as aforesaid, in preparing and revising the list shall be final.

list.

Annual revision of

403. The list so prepared and revised shall be again revised once in every year. The list so revised shall be deemed a new list and shall be subject to all the rules herein before contained as to the list originally prepared.

404. All male persons between the ages of twenty-one and sixty, resident within the local limits. Jurors and assessors. of the jurisdiction of the Court of Session, except those hereinafter mentioned, shall be deemed capable of serving as jurors and assessors, and shall be liable to be summoned accordingly.

405. The following persons are incapable of serving as Disqualifications. jurors or as assessors, namely:

Persons who hold any office in or under the said Court. Persons executing any duties of Police or entrusted with any Police functions.

Persons who have been convicted of any offence against the State, or of any fraudulent or other offence which, in the judgment of the Sessions Judge and Collector, renders them unfit to serve on the jury.

Persons afflicted with any infirmity of body or mind, sufficient to incapacitate them from serving.

Persons who, by habit or religious vows, have relinquished all care of worldly affairs.

The Madras High Court, in their rules of February, 1862, held that pleaders are not incapable of serving as Jurors or Assessors.

406. The following persons are exempt from the liability to serve as jurors or as assessors, namely:

All officers in civil employ superior in rank to a Magistrate of the District.

Sec. 406.

Judges and other Judicial officers.

Commissioners and Collectors of Revenue or Customs. All persons engaged in the Preventive Service in the Customs Department.

All persons engaged in the collection of the revenue whom the Collector thinks fit to exempt on the ground of official duty.

Chaplains and others employed in religious offices.

All persons in the Military Service except when by any law in force for the time being, such persons are specially made liable to serve.

Surgeons and others who openly and constantly practice in the profession of physic.

Persons employed in the Post Office and Electric Telegraph Departments.

Persons actually officiating as priests in their respective religions.

All persons exempted by the Local Government, and persons exempted by Government from personal appearance in Court under the provisions of the Code of Civil Procedure, section twenty-two.

The exemption from service given by this section is a Person exempted is right of which each person exempted may not bound to avail him- avail himself or not. self of his right of exemption.

Nothing contained in this section shall be construed to disqualify any such person,

if he is willing to serve as a juror or as an assessor.

The Sessions Judge may issue a summons to any exempted person to serve as an assessor or juror on the trial of a European British subject.

By Section 56, Act VII, of 1872 (The Burma Courts' Act), European Officers in the Military Service, commissioned and non-commissioned, resident within ten miles of the place of the sitting of the Court, are liable to serve as Jurors for the trial of European British Subjects.

See Section 30, Act IV, of 1866. Exemption does not extend to

Sec. 406-408.

persons in the Military Service with reference to the Punjab Chief Court, unless such exemption be asked for by the Commanding Officer on military grounds.

By the provisions of this section, the Local Government is given the power to exempt persons. The words Local Government was not in this section as it stood originally. The other portions of section printed in italics have been added by the present Act X of 1872.

Court to summon jurors.

407. The Court of Session shall ordinarily, three days at the least before the time fixed for the holding of sessions, send a precept to a Magistrate directing him to summons as many persons named in the said revised list as seem to the Court to be needed for trials by jury and trials with the aid of assessors at the said sessions, the number to be summoned not being less than double the number required for any case about to be tried at such sessions.

The names of the persons to be summoned shall be drawn by lot in open Court, excluding those on the revised list who have served within six months, unless the number cannot be made up without them, the names so drawn shall be specified in the precept to the Magistrate.

Send a precept, &c.-The precept issued by the Sessions Judge under this section, requiring persons to be summoned to serve as Assessors or Jurors, need not be directed to Magistrate of District, but may, if expedient, be addressed to the nearest officer exercising any of the powers of a Magistrate.-Sud. Pro., 15th March, 1862; Madras Rules, p. 1. Not being less than double the number required.-Section 407 does not require a double set of Assessors to be summoned for each case about to be tried, but not less than double the number required for any one case: the exact number to be summoned at each Sessions is left entirely to the discretion of the Court of Sessions, whose aim should be to render the duty of sitting on Session trials as little onerous as possible, by abstaining on the one hand from requiring the attendance of more persons than may be reasonably necessary, and by providing on the other for a change. of Assessors after the trial of every third or fourth case.-H. C. Pro., 11th February, 1863.

408. When a trial is to be held in which the accused

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