Page images
PDF
EPUB

or judge shall so think fit, the party applying for the view to deposit in the hands of the under sheriff a sum of money, to be named in the rule, for payment of the expenses of the view, and commanding special writs of venire facias, distringas, or habeas corpora, to issue, by which the sheriff to whom the said writs shall be directed shall be commanded to have six or more of the jurors named in such writs, or in the panels thereto annexed (who shall be mutually consented to by the parties, or if they cannot agree shall be nominated by the sheriff), at the place in question, some convenient time before the trial, who then and there shall have the place in question shown to them by two persons in the said writs named, to be appointed by the court or judge ; and the sheriff shall, by a special return upon the same, certify that the view hath been had according to the command of the same, and shall specify the names of the viewers ; and those men who shall have had the view, or such of them as shall appear upon the jury to try the issue, shall be first sworn, and so many only shall be added to the viewers who shall appear, as shall, after all defaulters and challenges allowed, make up a full jury of twelve.

(13) In all cases wherein the king is a party, notwithstanding it be alleged by them that sue for the king, that the jurors or some of them be not indifferent for the king, yet the inquest shall not remain untaken for that cause ; but if they that sue for the king will challenge any of those jurors, they shall assign of their challenge a cause certain, and the truth of the same challenge shall be inquired of according to the usage in England, and it shall be proceeded to the taking of the same inquisitions, as it shall be found, if the challenges be true or not, after the discretion of the court; and no person arraigned for murder or felony shall be admitted to any peremptory challenge above the number of twenty.

(14) There shall be no award that any of the by-standers be sworn upon the jury in any case, except it be by consent of all the parties in the case.

(15) No verdict shall be set aside, or in any way affected, for any cause which might have been cause of challenge at the trial; nor shall any writ of attaint be prosecuted against any jury or jurors for their verdict, nor against any party who shall have judgment on such verdict; but any person who shall be guilty of the offence of embracery, and every juror who shall corruptly or wilfully consent thereto, shall be punishable as heretofore.

(16) At each sessions the clerk of the crown shall make a minute of the names of those who shall serve at such sessions, and immediately after shall give a copy of the same to the under sheriff; and no juror who has served shall be summoned again within twelve months, unless for want of other jurors.

(17) All those who shall be lawfully summoned to serve on juries, and shall wilfully neglect to attend, shall be punished as for a contempt, unless upon motion made it shall be shown to the satisfaction

of

of the court that the name of the person ought to be erased from the sheriff's book, or that such a material alteration should be made in the entry thereof in the said book, as would have excused the party from attending in obedience to the summons.

(18) The sheriff and clerk of the crown shall not be answerable for any casual errors; but for wilful . omission, false insertion or description, or. vexatious summoning, they shall be punishable as for a contempt.

PARLIAMENT.

Writers.

India.

On the 16th March Mr. Williams Wynn obtained leave to 1826. bring in a bill for the appointment of parties as writers to India, although they may not have passed four terms at the College, as required by the 53d Geo. III. cap. 155. The same was passed into an act on the 26th May, the provisions of which were to continue for the term of three years

from that date. Vide WRITERS.

Permission was likewise given for the introduction of another bill, in order to remove doubts as to the payment of allowances of officers dying whilst absent from India. The same was passed into an act on the 26th May. Vide page 613 of the Analysis.

In the same month Mr. Wynn also brought in the JURIES Juries in IN INDIA bill, which passed into a law on the 5th May. Vide Juries.

In the month of April another bill relating to the Company, viz. the East-India Naval Force bill, was brought in, to provide for the payment by the Company of any additional expense incurred on account of any naval force sent out to India on the requisition of the Court of Directors: it was passed into an act the 7th Geo. IV.

сар. . On the 9th May Lord John Russell presented a petition Mr. Buckfrom Mr. J. S. Buckingham, in which that gentleman detailed ingham. the circumstances of his case, and represented the hardships and sufferings which he had experienced. He stated that his appeals for redress had hitherto been ineffectual; and he therefore implored the House to take his case into consideration, and grant him such relief as they might see fit. Lord John Russell stated that his original intention was to have moved that the petition be laid on the table, but in consequence of what had fallen in the course of the discussion, he moved to refer it to a Select Committee, which motion was carried by a majority of

forty

52.

.

1826. forty-three to forty. On the 11th, when Lord John Russell Mr. Buckingham.

moved that the Committee be empowered to send for persons, papers, and records, Mr. Williams Wynn said that with great propriety he might move that the order made on the 9th instant be rescinded, upon the ground that there had been no notice of the motion which the noble Lord had carried : he however abandoned the intention, because the case was one in which an individual complained of having suffered great hardship. After observations from several members as to the regularity and fairness of the course which had been adopted, the names of Mr. Abercromby and Sir Charles Forbes were added to the Committee on the motion of Lord John Russell; when Mr. Wynn moved that Mr. Stuart, Colonel Baillie, Mr. W. Peel, Sir E. H. East, Mr. Ross, Lord G. Somerset, Mr. Wellesley, and Col. Lushington, be added to the Committee. This proceeding called forth some observations from Lord John Russell, who contended that it was not fair to introduce the names of a number of persons who had either places under the crown, or who were connected with the East-India Company; and remarked, “ that the right hon. gentleman's ancestor, Mr. Speaker Williams, did he preside in the chair, would be ashamed of a Committee thus partially selected.”

Mr. PEEL observed, that Mr. Speaker Williams would rather be ashamed of the manner in which the Committee had been selected on Tuesday, than of the addition proposed to be made to it.

The names proposed by Mr. Williams Wynn were then added to the Committee. In pursuance of an order of the Committee a large collection of papers, comprising the whole of the proceedings which had taken place on Mr. Buckingham's case, were prepared, and forwarded from the IndiaHouse on the 18th May. Parliament was dissolved on the 31st

of that month. Burmese On the 4th November the treaty of peace with the Burmese Treaty.

government was presented to the house, and ordered to lie on

the table. Notice of On the 27th November Mr. Williams Wynn gave notice the Indian of his intention, after the holidays, to submit motions of thanks Army. to the army in India, for their services in Ava and at Bhurtpore.

On

Thanks to

1827. Petition from the

of Bristol as to In.

pore

of the Revenue

and

On the 21st March a petition from the merchants of Bristol was presented, representing the distressed state of the several branches of the commercial and manufacturing interests, and Merchants praying that the house would consider the propriety of rendering the commercial intercourse between this country and its dian Trade. eastern dependencies as unrestricted as that which subsists with the most favoured of its colonies.

On the 22d March Mr. Hume moved that there be laid Barrackbefore the House a copy of the report from Sir Edward Paget, Mutiny. the commander-in-chief, to the Governor General in Council at Calcutta, respecting the mutiny at Barrackpore, and the measures adopted to suppress it. The motion was negatived by 176 to 44.

On the 7th May 1827, accounts of the revenues and charges Accounts in India from 1822-3, also of the territorial debt owing by the Company, were presented to the House.

Charges. On the 8th May the House of Commons voted thanks to the Thanks to forces employed against Bhurtpore and in Ava.

the Army. On the 10th May further revenue accounts were presented.

On the 15th May Mr. Wolryche Whitmore, in pursuance Trade with of the notice given by him, moved for the appointment of a

India. Select Committee to inquire into the trade between Great Britain and India. Mr. Whitmore had incidentally entered upon the subject on a former occasion, when he introduced a proposition for an equalization of the rate of duty on East and West-India sugars. On the present occasion he entered into a comprehensive view of the general commercial advantages which he conceived was to be derived from an extension of the trade of this country with India. The motion was seconded by Mr. Slaney.

In the course of the discussion considerable stress was laid, by other members, upon the expediency of repealing the high duty on East-India sugar. Mr. Huskisson, in expressing his conviction that the objects contemplated by Mr. Whitmore would be best attained by abstaining at present from an inquiry, which would be more beneficial at a future period, admitted that it was the interest and duty of a commercial country like this, to endeavour to open new channels and to afford new increased facilities to those that were already open :

but

« EelmineJätka »