to the passing of this Ordinance, shall be, and they are hereby, jointly and severally, indemnified, freed, and discharged, from and against all actions, suits, prosecutions, and penalties whatsoever, under the Colonial or Roman-Dutch Law, for or on account, or in respect, of all or any acts, matters, and things whatsoever, done, ordered, directed, or authorized by them, so acting in pursuance of native law, custom, or usage. 7. And be it enacted, that all crimes, which may be deemed repugnant to the general principles of humanity, recognized throughout the whole civilized world, which have heretofore been, or may hereafter be, committed by any of the said natives, against the persons or property of any of them, shall be only subject to prosecution in the Colonial Courts, at the instance of the Crown Prosecutor, and not otherwise. 8. And be it enacted, that this Ordinance shall take effect from and after the date of the promulgation thereof. P.R.O., C.O. 180/1, and Ords., Procls., etc., TRIAL BY JURY.-CONSTITUTION AND FORMATION No. 142. Ordinance.-To amend and consolidate the Law relative to the constitution and formation of Juries. WHEREAS for the better and more effective administration of Justice within the District, it is expedient to amend and consolidate the law relating to the constitution of Juries : Be it therefore enacted by the Lieutenant-Governor of Natal, with the advice and consent of the Legislative Council thereof, as follows: I. CONSTITUTION OF JURIES. 1. Every man, except as hereinafter excepted, between the ages of 21 and 60 years, who shall possess any immovable property of the value of £50,1 or who shall rent any such property of the yearly value of £101 within the District, or who shall be the son of such person, shall be qualified and liable to serve as a juror therein. 2. The following persons shall be exempt from serving as jurors : Ist. Members of the Executive and Legislative Councils. 2nd. Persons holding office in the civil service of the Government of the District. 1 These sums were changed to £100 and £24 respectively by Law No. 10, 1871, not printed. 3rd. The Officers of any Courts of Law; all Advocates and Attorneys of the same; and all Gaolers and Keepers of Houses of Correction. 4th. Clergymen, Priests, and Ministers of Religion. 5th. Physicians, Surgeons, and Apothecaries in actual practice. 6th. Officers of Her Majesty's Army and Navy on full pay. 7th. Masters of Vessels actually employed, and licensed Pilots. 3. No man who has been convicted of treason or any other infamous crime, unless he shall have received a free pardon, shall be qualified to serve on any jury. II. FORMATION OF JURY LIST. 4-8. [How a jury list is to be framed for each division or county.] III. MODE OF SUMMONING JURIES. 9-15. [Sheriff or his deputy shall summon 27 jurors at least 8 days before the court commences to sit.] 16. [Every man failing, without reasonable excuse, to attend, is liable to a fine of £10.] IV. FORMATION OF JURIES. 17-22. [Necessary number of jurors to be chosen by lot.] V. THE CHALLENGING OF JURORS. 23. All challenges must be made as the name of each juror is called and before he is sworn. 24. In criminal cases the prosecutor or the prisoner may challenge three jurors without assigning any cause, and may challenge any number of jurors for any of the following causes, upon proof thereof to the satisfaction of the Court-that is to say: 1st. Want of qualification. 2nd. Consanguinity or affinity within the fourth degree. 3rd. Favour to the prisoner or to the person entitled to prosecute, if the Public Prosecutor does not prosecute. 25. In civil1 cases no peremptory challenge shall be allowed, but either of the parties, or his advocate, may challenge any number of jurors for any of the following causes, upon proof thereof as aforesaid-that is to say: Ist. For either of the two first causes mentioned in the 24th section of this Ordinance. 1 See the next document. 2nd. For having directly or indirectly an interest in the result of the case. 3rd. For being related by consanguinity or affinity, within the fourth degree, to any person who has an interest in the result of the case. 4th. For having previously expressed an opinion as to the merits of the case. 26. In case there shall be reason to believe that any person, not liable to challenge for any of the foregoing causes, is nevertheless for any reason likely to be biassed in favour of either of the parties to the case, the Court shall, upon the motion of either party, or his advocate, cause the names of three persons to be drawn from the names remaining in the ballot-box, who shall be called triers, and shall try the impartiality of the juror objected to, without appeal. 27. Provided that such triers shall be liable to challenge in the same manner as jurors. VI. MISCELLANEOUS PROVISIONS. 28. [After being charged with a case, jury to be kept apart.] 29. [If they cannot reach a decision, the court to charge a new jury.] 30. [Formulæ for delivering verdict in criminal and civil cases.] 31. In criminal cases the jury may acquit the prisoner of part of the charge against him, and find him guilty of the remainder. 32. In all cases the jury may return a special verdict, finding the facts of the case and referring the law to the Court. VII. PROVISIONAL JURY LIST. 33. [List for criminal cases to serve temporarily also for civil cases.] VIII. REPEAL OF FORMER LAWS. 34. The Ordinance No. 17, 1845, entituled, " An Ordinance for determining the Qualification of Jurors in the District of Natal"; and so much of the Ordinance No. 32, 1846, entituled" An Ordinance for amending the Law regarding certain Rules of Court," as relates to Juries, shall be, and the same are hereby repealed. 35. [Ordinance to take effect from the date of promulgation.] P.R.O., C.O. 180/1. 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 |