TRIAL BY JURY IN CIVIL CASES. [18 May 1852.] No. 7, 1852.1 No. 143. Ordinance.-To introduce the institution of Trial by Jury in Civil Cases. WHEREAS it is necessary to introduce Trial by Jury in Civil Cases under certain circumstances: Be it therefore enacted by the Lieutenant-Governor of Natal, with the advice and consent of the Legislative Council thereof, as follows: 1. Whenever an issue of fact, except in the cases hereinafter mentioned, shall have been joined in the District Court or any Circuit Court, or in the Court of the Resident Magistrate of Durban, in any civil action or cause, wherein the sum or matter of dispute shall exceed the amount or value of £15, the same may, upon the application of either of the parties, his attorney or advocate in such case, be tried by a jury in manner hereinafter mentioned. 2. No trial by jury shall be had in the following cases: in virtue of any written acknowledgment of a debt, signed by the Defendant or on his behalf. 2nd. Where a matter of record, as a judgment, or the like, is pleaded in any Action, and the opposite pleads that there is no such record existing. 3. Such application shall be made in writing to the Registrar or Clerk of the Court as the case may be, seven clear days before the day appointed for the hearing of the cause. 4. Every party making such application as aforesaid shall at the same time pay to the Registrar or Clerk of the Court the sum of Thirty Shillings for payment of the jury, and such sum shall be costs in the cause. 5. [Notice of application to be given to the opposite party.] 6. Court to be assured of such notice having been given.] 7. The jury in civil cases shall consist of seven men, whose verdict shall be unanimous. 8. The Court shall set aside the verdict or decision of the jury and grant a new trial upon any of the following grounds: Ist. Where the jury or any of them have received a bribe. 2nd. Where the jury or any of them have conversed otherwise than openly in the presence of the Court, with any party to the cause, or the agent, attorney, or advocate of such party, on the subject of the trial, after having been sworn. 1 Compare with the Cape Jury Act of 1854 (p. 122). 3rd. Where the verdict was manifestly against the evidence, the law, or the legal instructions of the Court. 4th. Where the Court has misdirected the jury upon any point of law or fact; provided objection shall have been taken to the direction of the Court, as to any specific point or points, during the trial. 5th. Where the debt or damages found by the jury are greatly too much or too little when compared with the evidence. 6th. Where either of the parties has been taken by surprise at the trial by the production of evidence which he had no reason whatever to anticipate. 9. The Court shall in all cases refuse to grant a new trial except in cases in which it shall be fully satisfied that substantial justice has not been done. 10. [A party wishing to apply for a new trial shall give notice.] II. [Application to be made in open court.] 12. [New trial may be granted on terms imposed by court.] 13. [Court to prevent any party from addressing the jury on points not relevant or that cannot be proved by evidence.] 14. Jurors to receive 2s. a day for serving.] 15. All matters relating to trial by jury of civil cases not herein expressly provided for shall be determined as nearly as practicable according to the law and usage of England. 16. [Governor may extend provisions hereof to any court in Natal.] 17. [Ordinance to take effect from date of promulgation.] P.R.O., C.O. 180/1. SUPREME AND CIRCUIT COURTS. [10 July 1857.] No. 10, 1857. No. 144. Law. Enacted by the Lieutenant-Governor of Natal, with the advice and consent of the Legislative Council thereof, for the better Administration of Justice within the Colony of Natal. WHEREAS it is expedient to make provision for the better and more effectual administration of justice within this Colony, and for that purpose to repeal certain laws now in force; and to constitute a Supreme Court of Justice, and also Circuit Courts, to be holden in manner and form hereinafter mentioned. Be it therefore enacted, by the Governor of Natal, by and with the advice of the Legislative Council thereof, as follows, viz. : 1. The Ordinance No. 14, 1845, entituled, "An Ordinance for erecting a District Court in and for the District of Natal," shall be, and the same is hereby, repealed. 2. [Former sentences, rules, etc. not affected.] 3. [Actions, etc. pending may be proceeded with.] 4. There shall be within this Colony a Court which shall be called" the Supreme Court of the Colony of Natal." 5. The said Supreme Court shall be a Court of Record. 6. The said Supreme Court shall consist of one Chief Justice and two Puisne Judges. 7. The said Supreme Court shall at all times be holden at Pietermaritzburg, in the Colony of Natal. 8. The said Chief Justice and Puisne Judges shall be respectively barristers in England or Ireland, or advocates of the Court of Session in Scotland, or of the Supreme Court of the Cape Colony, or advocates of the District Court heretofore existing, or of the Supreme Court hereby created. 9. [Provisional appointment of Judges by Governor.] 10. The said Chief Justice and Puisne Judges shall respectively hold office during good behaviour. II-12. [Salaries of Judges.] 13-14. [Court to have a seal to be kept by Chief Justice.] CIRCUIT COURTS. 20. To facilitate the holding of courts the Governor may, by proclamation, divide the Colony into as many districts as to him may seem fit; and further may, from time to time, as occasion may require, alter or amend such division. 21. Courts, to be called Circuit Courts, shall be held in each of the districts into which the said Colony may be so divided. 22. Each of the said Circuit Courts shall be held by and before one of the Judges of the said Supreme Court, at such times, and at such places, within each of the said districts, as the Governor shall, from time to time, direct and appoint. 23. Each of the said Circuit Courts shall be a Court of Record. 24. [Clerk of Resident Magistrate to act as Registrar of visiting Circuit Court.] JURISDICTION. 25. The Supreme Court of the Colony of Natal shall have cognizance of all pleas, and jurisdiction in all causes, whether civil, criminal, or mixed, arising within the said Colony, with jurisdiction over all Her Majesty's subjects, and all other persons whomsoever, residing and being within the said Colony, in as full and ample a manner, and to all intents and purposes, as the District Court of Natal, at present existing within the Colony, now hath. 26. Each Circuit Court shall, within the District in which it may be holden, have and exercise all such and the same jurisdiction, powers, and authorities, as is hereinbefore vested in the said Supreme Court. 27. The said Supreme Court and every Circuit Court within the district in which such latter Court may be holden, shall have full power, authority, and jurisdiction, to review the proceedings of all inferior Courts of Justice, and to exercise full supervision and control over all Magistrates, and, if necessary, to set aside or correct their proceedings. LAWS. 28. The Supreme Court of the Colony of Natal and every Circuit Court shall apply, judge, and determine upon, and according to, the laws which now are, or shall hereafter be, in force within this Colony. 29. [Proceedings to be in open Court and in English.j 30. [Two Judges to form a quorum in civil cases tried without a jury.] 31. [If two Judges differ, the case shall be brought before three Judges.] 32. [Civil cases tried by a jury, to be held before one Judge.] 33. All civil suits depending in any of the said Circuit Courts, shall be tried and decided by the Judge of such Court alone, except when the plaintiff or defendant has, under the said Ordinance No. 7, 1852, applied to have such trial by a jury. 34. [Criminal cases to be tried before one Judge and a jury of nine.] 35. A Court in which a case is pending may remove it to any other Court.] 36. [Manner of removing cases.] 37. [Civil suits shall be deemed to be pending when summons shall have been served.] 38. [Criminal suits shall be pending when the indictment has been lodged.] APPEAL. 39. [Appeals to the Privy Council to be according to laws which allow appeals from any other Colonial Court.] 40. [Appeal from Circuit to Supreme Court in civil cases exceeding £20 tried without a jury.] 41. [Supreme Court to hear such appeal without receiving fresh evidence.] 42. [Notice of appeal to be given.] 43. [Execution to be stayed when notice of appeal is given.] 44. [Case considered abandoned if appeal is not prosecuted within six weeks.] 45. [Appeal in cases under the value of £20 may be allowed in certain cases.] 46. [In civil cases exceeding £20, evidence to be taken down by Registrar.] 47. [Copies of documents produced in such case shall be sent to Supreme Court.] 48. The said Supreme Court of Natal shall, in all cases of appeal from its judgment or decree in civil cases, heard and determined without a jury, conform to and execute such judgment or order in the premises as shall be made or given by Her Majesty in Her Privy Council. 49. It shall not be competent for either party to any civil suit tried and determined by a jury before the said Supreme Court or any Circuit Court, to appeal from the verdict given by such jury, which verdict shall be conclusive, unless set aside as hereinafter provided. NEW TRIAL. 50. In all civil cases tried in the said Supreme Court, or any Circuit Court, by a jury, under the provisions of the said Ordinance No. 7, 1852, either party wishing to set aside the verdict of such jury, may apply for a new trial to the Supreme Court, under and subject to the provisions of the said Ordinance. 51. The said Supreme Court shall, in granting or refusing such new trial, conform to the provisions of the said Ordinance No. 7, 1852. RECORDS OF CIRCUIT COURTS. 52-55. [Records to be removed to Supreme Court and filed.] 56. [Supreme Court to carry out sentences of the late District Court.] 57. [Records of District Court to be handed over to Supreme Court.] 58. [Sheriff of Natal to be appointed by Governor.] 59. [Duties of Sheriff.] 60. [Supreme Court to make rules.] 61. [Definition of terms.] 62. [Pietermaritzburg may be included in a circuit district.] |