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CHAPTER XXII.

OF DISPUTES RELATING TO THE POSSESSION OF LAND OR
THE RIGHT OF USE OF ANY LAND OR WATER.

Magistrate how to proceed if any dispute concerning land, &c., is likely to

cause breach of

sion to be continued until

318. Whenever the Magistrate of the District or other Officer exercising the powers of a Magistrate shall be satisfied that a dispute, likely to induce a breach of the peace, exists concerning any land, premises, water, fisheries, crops, or other produce of land, within the limits of his jurisdiction, he shall record a proceeding stating the grounds of his being so satisfied, and shall call on all parties concerned in such dispute to attend his Court in person, or by agent, within a time to be fixed by the Magistrate or other Officer as aforesaid, and to give in a written statement of their respective claims, as respects the fact of actual possession of the subject of dispute. The Magistrate or other Officer as aforesaid Party in possesshall, without reference to the merits of the claims of any party to a right of possession, proceed to enquire which party is in possession of the subject of dispute, and after satisfying himself upon that point, shall record a proceeding declaring the party whom he may decide to be in such possession, to be entitled to retain possession until ousted by due course of law, and forbidding all disturbance of possession until such time. 319. If the Magistrate or other Officer as aforesaid If previous posshall decide that neither of the parties is in possession, or shall be unable to satisfy himself as to which person is in possession of the subject of dispute, he may attach the subject of dispute until a competent Civil Court shall have determined the rights of the parties or who ought to be in possession.

320. If a dispute arise concerning the right of use of any land or water, the Magistrate or other Officer as aforesaid within whose jurisdiction the subject of dispute lies, may enquire into the matter, and if it shall appear to him that the subject of dispute is open to the use of the public, or of any person, or of any class of

ousted by due course of law.

be ascertained, Magistrate may attach subject

session cannot

of dispute.

Disputes con

cerning right of use of land or

water.

G

Saving of

powers of Collectors and Revenue Courts.

persons, the Magistrate or other Officer may order that possession thereof shall not be taken or retained by any party to the exclusion of the public, or of such person, or of such class of persons, as the case may be, until the party claiming such possession shall obtain the decision of a competent Court adjudging him to be entitled to such exclusive possession. Provided that the Magistrate or other Officer as aforesaid shall not pass any such order if the matter be such that the right of use is capable of being exercised at all times of the year, unless that right shall have been ordinarily exercised within three months from the date of the institution of the enquiry, or in cases where the right of use exists at particular seasons unless such right has been exercised during the last of such seasons before the complaint. 321. Nothing in this Chapter shall affect the powers of a Collector or a person exercising the powers Collector, or of a Revenue Court.

of

a

Local Government by order to specify in what places trials to be by Jury.

How the Jury is to be consti

tuted for the

CHAPTER XXIII.

OF JURIES AND ASSESSORS.

322. The local Government may order that the trial of all offences or of any particular class of offences by any Court of Session shall be by Jury in any District, and such local Government may from time to time revoke or alter such order. Orders passed under this Section shall be published in the Government Gazette, and in such other manner as the local Government shall direct.

323. Criminal trials before the Court of Session in which a European (not being a British subject) or an American is the accused person or one of the accused persons, shall be by Jury; and in such case the Jury, certain specified if such European or American desire it, shall consist of at least one-half of Europeans (whether British subject

trial of persons belonging to

races.

or not) or Americans, if such a Jury can be procured.
Provided that in any District in which the local Govern- Proviso.
ment shall not have ordered that all trials or trials for
all offences of the class within which the trial about to
take place falls, shall be by Jury, such European or
American may elect to be tried without Jury.

Trials before

the Session Court with As

324. In a trial before the Court of Session not by Jury, the trial shall be conducted with the aid of two or more Assessors as Members of the Court. The opinion sessors. of each Assessor shall be given orally and shall be recorded in writing by the Court, but the decision is vested exclusively in the Judge.

How the Jury is

to be consti

tuted for the trial of other persons.

325. In a trial by Jury before the Court of Session in which a person not belonging to the races specified in Section 323, shall be tried, at least one-half of the Jury, if the accused person desire it, shall consist of persons not belonging to either of such races. 326. In any case before the Court of Session in which How the Jury a person not belonging to the races mentioned in Section 323 is charged jointly with a person belonging to one of those races, and such last-mentioned person claims to be tried by a Jury consisting of at least onehalf of Europeans or Americans, the person not belonging to either of such races shall, if he desire it, be tried separately.

327. In trials by Jury before the Court of Session the Jury shall consist of five persons, or of such number, being an uneven number, and not being less than five or more than nine, as the local Government by any general order applicable to any particular District or to any particular classes of offences in that District shall direct. 328. If the Jury are unanimous in a verdict of guilty, the accused person shall be convicted. If the Jury shall consist of five persons and a majority of four find the accused person guilty, or if the Jury shall consist of seven persons and a majority of five find the accused person guilty, or if the Jury shall consist of nine persons and a majority of six find the accused person guilty, the accused person shall be convicted. If the Jury are unanimous in a verdict of not guilty, the accused shall be acquitted. If the Jury shall consist of

is to be constituted when persons of both descriptions are

jointly charged.

Number of

which the Jury is to consist.

Number of

to a verdict. voices necessary

List of Jurors and Assessors.

Publication of list.

Revision of list.

five persons and a majority of four find the accused person not guilty, or if the Jury shall consist of seven persons and a majority of five find the accused person not guilty, or if the Jury shall consist of nine persons and a majority of six find the accused person not guilty, the accused person shall be acquitted; and the Judge shall not receive a verdict of acquittal unless it be unanimous or found by such majority as last aforesaid. 329. The Collector of the District or other Officer exercising the powers of a Collector of a District shall, from time to time, 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 may think fit to direct, who are in the judgment of the 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 quality or business of every such person; and if the person belongs to either of the races specified in Section 323, the list shall mention the race to which he belongs.

330. Copies of such list shall be stuck up in the Office of the Collector or other Officer as aforesaid and in the Court-houses 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, and every such copy shall have subjoined to it a notice, stating that objections to the list will be heard and determined by the Collector or other Officer as aforesaid at a time and place to be mentioned in the notice.

331. The Collector or other Officer as aforesaid 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 qualified in his judgment to serve as a Juror or as an Assessor, and insert the name of any person omitted therefrom, whom he deems qualified for such service. A copy of the revised list shall be signed by the Collector or other Officer

as aforesaid and transmitted to the Court of Session. Any order of the Collector or other Officer as aforesaid in preparing and revising the list shall be final.

of list,

332. The list so prepared and revised shall be again Further revision revised at least once in every year, and the list so revised shall be deemed a new list and shall be subject to all the rules hereinbefore contained as to the list originally prepared.

333. Except as hereinafter provided, all male persons Jurors. between the ages of twenty-one and sixty, resident within the limits of the jurisdiction of the Court of Session, shall be deemed capable of serving as Jurors and Assessors, and shall be liable to be summoned accordingly.

tions.

334. The following persons are incapable of serving Disqualifica as Jurors or as Assessors in trials before the Court of Session, 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 Collector, renders them unfit to serve on the Jury.

Persons who are 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.

335. The following persons are exempt from the Exemptions. liability to serve as Jurors or as Assessors, namely:— Judges and other Judicial Officers.

*Commissioners and Collectors of Revenue or Cus

toms.

All persons engaged in the Preventive Service in the Customs Department.

All persons engaged in the collection of the Revenue whom the Collector may think fit to exempt on the ground of official duty.

Chaplains and others employed in Religious Offices.
All persons in the Military Service.

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