4(1)A person who is not qualified under section 2 or ineligible under section 3 may be challenged and if successfully challenged shall not serve on a jury.

4(2)Notwithstanding subsection (1), where a person who is not qualified under section 2 or ineligible under section 3 is sworn or solemnly affirmed as a juror without being challenged, he or she shall be conclusively deemed to be qualified and eligible to serve as a juror.

5.1(1)Paragraph 5(d) does not apply to a person who suffers from a physical infirmity and wishes to serve as a juror who

5.1(2)A person giving assistance under paragraph (1)(b) may, as directed by the presiding judge, attend with and assist the juror in all the proceedings, including the deliberations of the jury.

5.1(3)A person giving assistance under paragraph (1)(b) shall not comment on the proceedings and shall take part in the proceedings only by assisting the juror as the presiding judge directs.

13(1)When a jury is required, the clerk shall immediately direct the sheriff to summon a sufficient number of persons from which the jury is to be selected.

13(2)Subject to subsection (2.1), the persons to be summoned may be selected

13(2.1)The persons to be summoned may be selected under subsection (2) from the names of persons on the list who are apparently resident in a judicial district or a distinct part of it other than the judicial district or the distinct part in which the proceeding is to be conducted if

13(4)Any person who has the control or custody of a list referred to in subsection (2) shall make the list or a copy of it available to the Chief Sheriff at all reasonable times and if the list is in the form of a computer database, the person shall permit the Chief Sheriff to access the database at all reasonable times.

13(5)The Chief Sheriff shall provide the information from a list referred to in subsection (2) to the sheriff for the purposes of the selection under subsection (2).

13.1(1)Within a reasonable time before the day on which a person is to attend the hearing of a proceeding, the sheriff shall serve a summons in the form prescribed by regulation to each person selected under subsection 13(2)

13.1(2)A person summoned under subsection (1) shall complete a juror’s certificate in the form prescribed by regulation and return it to the sheriff in the manner and at the time provided for by regulation.

13.1(3)A person may make an application to the sheriff in the form prescribed by regulation to be relieved from serving as a juror and shall return it to the sheriff in the manner and at the time provided for by regulation.

13.1(4)If the sheriff is satisfied that a person is not qualified under section 2, ineligible under section 3 or eligible for exemption under section 5, the sheriff shall grant the person relief from serving as a juror.

13.1(5)If the sheriff refuses to grant relief under subsection (4), the person may

13.1(6)Where an appeal under paragraph (5)(a) is successful, the clerk shall inform the sheriff that the person is relieved from serving as a juror.

13.1(7)Except where otherwise provided by a statute of Canada, no challenge shall be made to the selection of a jury panel in a criminal proceeding on the ground of the kindred or affinity of the person selecting the jury panel to any of the parties to the proceeding and the jury panel shall not be quashed on the ground of such kindred or affinity.

13.2(1)The sheriff shall prepare or cause to be prepared a jury panel list in the form prescribed by regulation of the persons who have been summoned and shall deliver a copy of the list to the clerk.

13.2(2)In preparing the jury panel list, the sheriff shall endeavour to omit or remove the names of persons who, in the opinion of the sheriff, are

13.2(3)On payment of the fee prescribed by regulation, a party to a civil proceeding may receive a copy of the jury panel list.

13.2(4)A party to a criminal proceeding may receive a copy of the jury panel list without charge.

13.2(5)No person other than a party to a proceeding shall use the jury panel list.

13.2(6)No party to a proceeding shall use the jury panel list except for the purposes of the proceeding.

13.3(1)A party to a civil proceeding may challenge the selection of the jury panel on the ground that the sheriff exercised partiality or was fraudulent with respect to or wilfully misconducted the selection or summoning of the jury panel.

13.3(2)The presiding judge may require that a challenge under subsection (1) be made in writing.

13.3(3)The presiding judge shall determine whether or not the ground of the challenge is true and if satisfied that it is true, shall direct that a new jury panel be summoned.

13.3(4)No challenge shall be made to the selection of a jury panel in a civil proceeding on the ground of the kindred or affinity of the person selecting the jury panel to any of the parties to the civil proceeding and the jury panel shall not be quashed on the ground of such kindred or affinity.

13.3(5)The insertion of the name of an unqualified person in a jury panel or any error in description is not a ground for challenge to a jury panel.

13.6(1)When the jury panel is not challenged or the jury panel is challenged but the judge does not direct a new jury panel to be summoned, the clerk shall select at random one at a time, in accordance with the regulations, from the remaining names on the jury panel list a sufficient number to provide a full jury after allowing for challenges.

13.6(2)After each name is selected, a party to the civil proceeding may challenge the selection in accordance with the provisions of this Act.

13.6(3)The presiding judge may require that a challenge under subsection (2) be made in writing.

13.6(4)The presiding judge shall determine whether or not the ground of the challenge is true and if satisfied that it is true, shall direct that the person be discharged.

13.6(5)The clerk shall swear or take an affirmation from each member of a jury.

13.6(6)If the number of persons on the jury panel who are in attendance is insufficient or is so reduced by exemptions, challenges or persons who are not qualified under section 2 or ineligible under section 3 as to be insufficient to select a full jury, additional persons shall be summoned immediately to be included on the jury panel.

13.6(7)If it is considered necessary by the sheriff, persons may be summoned under subsection (6) by word of mouth.

13.6(8)If at any time it appears to the presiding judge that the persons forming the jury panel will not be required, he or she may discharge any or all the persons he or she considers unnecessary.

29(1)The jury may retire to some comfortable place under the direction of the presiding judge to consider their verdict, or an answer to any question submitted by the presiding judge.

29(2)The former practice of keeping a jury without meat, drink or any other comfort until they agree upon their verdict shall continue abolished.

30(1)Where in a civil proceeding the jury cannot agree in all respects on a verdict within three hours, at least five of their number may return a verdict with respect to the civil proceeding, or to any issue of fact therein, which verdict or finding of fact shall be as binding and of the same effect as if it was the unanimous decision of the entire jury.

30(2)The presiding judge shall direct the jury as to the provisions of subsection (1) prior to the retirement of the jury for the first time to consider their verdict.

30(3)The provisions of this section shall also apply to the submission for answer of any question addressed by the presiding judge to the jury.

31(1)The presiding judge may, where he or she considers that it is necessary, order the jury to have a view of any place, thing or person, and shall give directions respecting the manner in which, and the persons by whom, the place, thing or person shall be shown to the jury and may for that purpose adjourn the proceeding.

31(2)Where the presiding judge orders a view under subsection (1), he or she shall give any directions that he or she considers necessary to prevent undue communication by any person with the jurors, but failure to comply with any directions given under this subsection does not affect the validity of the proceedings.

31(3)The presiding judge may make such order respecting costs of the view as he or she considers appropriate but the costs of the view shall not be taxed except by order of the presiding judge.

32(1)When a jury is required for an inquisition before a sheriff or other officer, except in the case of a coroner’s inquest, the sheriff, or if the sheriff is of affinity or kin to any of the parties or is otherwise interested, any other sheriff, shall summon a sufficient number of jurors to form a jury, allowing for peremptory challenges under section 28, and, if it appears at any time that additional jurors are required to form such jury, shall summon such additional jurors.

32(2)Such jurors shall be summoned as nearly as may be in like manner as jurors in other cases and shall be liable to the same pains and penalties and shall be entitled to the same fees, allowances, expenses and immunities as in other cases.

33(1)Any party in a civil proceeding pending in The Court of Queen’s Bench of New Brunswick, which proceeding permits or requires that it be tried by a jury pursuant to the Judicature Act or the Rules of Court, may have the same so tried in accordance therewith.

33(2)Save as may be otherwise provided herein, the provisions of this Act relating to the arrangement for and the conduct of jury trials in other cases shall apply to civil proceedings as are envisaged by subsection (1).

34(1)A person summoned to serve as a juror who fails to obey the summons or a juror who fails to attend the hearing of a proceeding and does not show reasonable excuse for such failure to the presiding judge is in contempt of court and the presiding judge may impose a fine not exceeding one thousand dollars or any other penalty that a judge of the Court may impose in contempt proceedings.

34(2)Before being found in contempt of court under subsection (1), a person who failed to obey the summons or a juror who failed to attend the hearing of a proceeding shall be summoned to appear before the presiding judge to explain such failure.

35(1)Where the person upon whom a fine is imposed under section 34 does not pay the fine within thirty days after the imposition of the fine, the clerk shall enter judgment against the person for the amount of the fine.

35(2)A judgment entered under subsection (1) may be enforced against the person for a debt of the amount specified in the judgment.

35.1(1)The clerk may issue a notice of judgment and cause the notice to be registered with the registrar of deeds for the county or counties in which the person upon whom a fine was imposed under section 34 owns real property.

35.1(2)The notice of judgment when registered with the registrar of deeds constitutes a lien for the amount of the fine under section 34 against all the real property of the person that is located in the county or counties in which the notice of judgment was filed.

35.1(3)A lien under subsection (2) ranks equally with a lien under subsection 26(1) of the Revenue Administration Act.

35.2(1)The clerk may issue a notice of judgment and cause the notice to be registered in the Personal Property Registry in accordance with the regulations under the Personal Property Security Act.

35.2(2)The notice of judgment when registered in the Personal Property Registry constitutes a lien for the amount of the fine under section 34 against all the personal property of the person upon whom the fine was imposed.

35.2(3)A lien under subsection (2) ranks equally with a lien under subsection 26(1) of the Revenue Administration Act.

37(1)A juror attending a jury trial may be paid fees, allowances and expenses in accordance with the regulations.

38(1)Forthwith following the completion of a jury trial the clerk shall prepare a list certified by him, showing the names of the jurors who attended the hearing of the trial, the number of days each juror attended, the distance each juror travelled, and the amount each juror is entitled to receive; and the clerk shall forthwith deliver the same to the Minister of Finance.

38(2)The Minister of Finance, upon receiving the list described in subsection (1), shall forthwith pay to each juror the sum to which he appears entitled by such list, out of the Consolidated Fund.

38(3)Nothing herein contained shall preclude payment to a juror of a sum to which he appears to be entitled during the course of the jury trial which is extending for more than five sitting days and in the event that a juror is to be so paid the provisions of subsections (1) and (2) shall apply mutatis mutandis.

40.1(1)The Chief Sheriff may designate in writing any person to act on the Chief Sheriff’s behalf for the purposes of this Act and the regulations.

40.1(2)A sheriff may designate in writing any person to act on the sheriff’s behalf for the purposes of this Act and the regulations.

40.1(3)A written designation under subsection (1) or (2) is effective for the period stated in the designation unless revoked by the Chief Sheriff or sheriff, as the case may be, before the expiration of the period and when no period is stated, the written designation is effective until revoked by the Chief Sheriff or sheriff, as the case may be, or the person ceases to be employed in the position that was held by the person at the time of the designation.

40.1(4)Proof of the making of a written designation under subsection (1) or (2) may be made by a certificate purporting to be signed by the Chief Sheriff or sheriff, as the case may be, naming the person designated in the designation and the period of time, if any, for which the designation was effective.

40.1(5)A document that purports to be a certificate of the Chief Sheriff or sheriff, as the case may be, under subsection (4) may be adduced in evidence and when so adduced is, in the absence of evidence to the contrary, proof of the statements in the certificate without proof of the appointment, signature or authority of the person purporting to have signed the certificate.