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Days before the Arraignment, and in the Presence of Two or more credible Witnesses; and when any Person is indicted for High Treason or Misprision of Treason in the Court of King's Bench, a Copy of the Indictment shall be delivered within the Time and in the Manner aforesaid; but the List of the Petit Jury, made out as aforesaid, may be delivered to the Party indicted at

any Time after the Arraignment, so as the same be delivered Exceptions. Ten Days before the Day of Trial: Provided always, that nothing herein contained shall anyways extend to any Indictment for High Treason in compassing and imagining the Death of the King, or for Misprision of such Treason, where the Overt Act or Overt Acts of such Treason alledged in the Indictment shall be Assassination or killing of the King, or any direct Attempt against his Life, or any direct Attempt against his Person, whereby his Life may be endangered, or his Person may suffer bodily Harm; or to any Indictment of High Treason for counterfeiting His Majesty's Coin, the Great Seal or Privy Seal, his Sign Manual or Privy Signet; or to any Indictment of High Treason, or to any Proceedings thereupon, against any Offender or Offenders who by any Act or Acts now in force is and are to be indicted, arraigned, tried, and convicted by such like Evidence, and in such Manner as is used and allowed against Offenders for counterfeiting His Majesty's Coin.

Justices of Assize, &c. may direct Sheriff's to summon a sufficient Number of Jurors to serve

indiscriminately on Criminal and Civil Side, divided into Two Sets.

XXII. And be it further enacted, That in any County in which the Justices of Assize in England, or the Justices of the Superior Courts of the said Counties Palatine, or the Judges of the Great Sessions in any County of Wales, shall think fit so to direct, the Sheriff or other Minister to whom the Return of the Venire Facias Juratores, or other Process for the Trial of Causes at Nisi Prius, doth belong, shall summon and impanel such Number of Jurors, not exceeding One Hundred and Forty-four, as such Judges or Justices respectively shall think fit to direct, to serve indiscriminately on the Criminal and Civil Side; and that where such Judges or Justices respectively shall so direct, the Sheriff or other Minister shall divide such Jurors equally into Two Sets, the First of which Sets shall attend and serve for so many Days at the beginning of each Assize or Great Sessions, as such Judges or Justices respectively shall, within a reasonable Time before the Commencement of such Assize or Great Sessions, respectively think fit to direct, and the other of which Sets shall attend and serve for the Residue of such Assize or Great Sessions: Provided always, that such Sheriff or other Minister shall, in the Summons to the Jurors in each of such Sets, specify whether the Juror named therein is in the First or Second Set, and at what Time the Attendance of such Juror will be required; and the Sheriff or other Minister to whom the Return of the Venire Facias Juratores, or other Process for the Trial of Causes at Nisi Prius, doth belong, shall, upon his Return of every such Writ or Process, annex thereto a Panel containing the Names, alphabetically arranged, together with the Additions and Places of Abode, of the Jurors in each of such Sets; and during the Attendance and Service of the First of such Sets, the Jury on the Civil Side shall be drawn from the Names of the Persons in that Set, and during the Attendance and

In case of Views, Judge to appoint Trial during Attendance of Viewers.

Service of the Second of such Sets, from the Names of the Persons in such Second Set: Provided always, that in any Case wherein an Order for a View shall have been obtained as hereinafter mentioned, it shall be lawful for the Judge before whom such Case is to be tried, and he is hereby required, on the

Application

Application of the Party obtaining such Order, to appoint such Case to be tried during the Attendance and Service of that Set of Jurors in which the Viewers, or the major Part of them, are included.

or in the

Where Jurors

are to view, Court may

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order a Sum to

be deposited by the Parties to

cover the

Expences.

XXIII. And be it further enacted, That where in any Case either Civil or Criminal, or on any penal Statute, depending in any of the said Courts of Record at Westminster Counties Palatine, or Great Sessions in Wales, it shall appear to any of the respective Courts, or to any Judge thereof in Vacation, that it will be proper and necessary that some of the Jurors who are to try the Issues in such Case should have the View of the Place in question, in order to their better understanding the Evidence that may be given upon the Trial of such Issues, in every such Case such Court, or any Judge thereof in Vacation, may order a Rule to be drawn up, containing the usual Terms, and also requiring, if such Court 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 Expences of the View, and commanding special Writs of Venire Facias, Distringas, or Habeas Corpora, to issue, by which the Sheriff or other Minister 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 or such other Minister as aforesaid), at the Place in question, some convenient Time before the Trial, who then and there shall have the Place in question shewn to them by Two Persons in the said Writs named, to be appointed by the Court or Judge; and the said Sheriff or other Minister who is to execute any such Writ 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.

Viewers to

be sworn upon.

Jury first.

XXIV. And be it further enacted, That where a View shall be allowed in any Case, 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.

Common Jurors

to be summoned

Duy of Attendance, and Special Jurors

Three Days.

XXV. And be it further enacted, That the Summons of every Man to serve on Juries, not being Special Juries, in any of the Courts aforesaid, shall be made by the proper Officer Ten Days Ten Days before at the least before the Day on which the Juror is to attend, by shewing to the Man to be summoned, or in case he shall be absent from the usual Place of his Abode, by leaving with some Person there inhabiting, a Note in Writing, under the Hand of the Sheriff or other proper Officer, containing the Substance of such Summons; and the Summons of every Man to serve on Special Juries in any of the Courts aforesaid shall be made by the like Persons, and in the like Manner as aforesaid, Three Days at the least before the Day on which the Special Juror is to attend: Provided always, that this Act shall not require any longer Time for summoning any Jurors in the City of London or County of Middlesex than has been heretofore by Law required, nor shall give any longer Time VOL. IV. Ꮓ Ꮓ

Jurors for

London and

Middlesex

to be summoned

for

as heretofore.

for the Return of any Writ of Venire Facias, Habeas Corpora, or Distringas, than has been heretofore by Law required; but that where there shall not be Ten Days between the awarding of such Writ and the Return thereof, every Juror may be summoned, attached or distrained, to appear at the Day and Time therein mentioned, as he might heretofore have been.

Names of Jurors summoned in Courts of Assize or Nisi Prius, to be put in a Box,

and Twelve to be drawn out

in open Court, and ballotted for Juries in Civil Courts.

XXVI. And be it further enacted, That the Name of each Man who shall be summoned and impanelled in any Court of Assize or Nisi Prius, or for the Trial of Issues in the Civil Courts of the Counties Palatine or Great Sessions, with the Place of his Abode and Addition, shall be written on a distinct Piece of Parchment or Card, such Pieces of Parchment or Card being all as nearly as may be of equal Size, and shall be delivered unto the Associate or Prothonotary of such Court by the Under-sheriff of the County, or the Secondary of the City of London, and shall, by Direction and Care of such Associate or Prothonotary, be put together in a Box to be provided for that Purpose, and when any Issue shall be brought on to be tried, such Associate or Prothonotary shall in open Court draw out Twelve of the said Parchments or Cards one after another, and if any of the Men whose Names shall be so drawn shall not appear, or shall be challenged and set aside, then such further Number, until Twelve Men be drawn, who shall appear, and after all just Causes of Challenge allowed, shall remain as fair and indifferent; and the said Twelve Men so first drawn and appearing, and approved as indifferent, their Names being marked in the Panel, and they being sworn, shall be the Jury to try the Issue, and the Names of the Men so drawn and sworn shall be kept apart by themselves until such Jury shall have given in their Verdict, and the same shall be recorded, or until such Jury shall, by Consent of the Parties or by Leave of the Court, be discharged, and then the same Names shall be returned to the Box, there to be kept with the other Names remaining at that Time undrawn, and so toties quoties as long as any Issue remains to be tried: Provided always, that if any Issue shall be have not brought brought on to be tried in any of the said Courts before the Jury in any other Issue shall have brought in their Verdiet or been discharged, it shall be lawful for the Court to order Twelve of the Residue of the said Parchments or Cards, not containing the Names of any of the Jurors who shall not have so brought in their Verdict or been discharged, to be drawn in such Manner as is aforesaid, for the Trial of the Issue which shall be so brought on to be tried: Provided also, that where no Objection shall be made on behalf of the King or any other Party, it shall be lawful for the Court to try any Issue with the same Jury that shall have previously tried or been drawn to try any other Issue, without their Names being returned to the Box and redrawn, or to order the Name or Names of any Man or Men on such Jury, whom both Parties may consent to withdraw, or who may be justly challenged or excused by the Court, to be set aside, and another Name or other Names to be drawn from the Box, and to try the Issue with the Residue of such original Jury, and with such Man or Men whose Name or Names shall be so drawn, and who shall appear and be approved as indifferent, and so toties quoties as long as any Issue remains to be tried.

Where Jury

in their Verdict, Twelve

others to be drawn.

The same Jury, if not objected to, may try several Issues in succession without being re drawn.

XXVII. And

Want of Qualification in Jurors to be

Cause of Chal

the Want of Freehold.

XXVII. And be it further enacted, That if any Man shall be returned as a Juror for the Trial of any Issue in any of the Courts herein-before mentioned, who shall not be qualified according to this Act, the Want of such Qualification shall be good Cause of Challenge, and he shall be discharged upon such Challenge, if lenge, but not the Court shall be satisfied of the Fact; and that if any Man returned as a Juror for the Trial of any such Issue shall be qualified in other respects according to this Act, the Want of Freehold shall not on such Trial in any Case, Civil or Criminal, be accepted as good Cause of Challenge, either by the Crown or by the Party, nor as Cause for discharging the Man so returned upon his own Application; any Law, Custom, or Usage to the contrary notwithstanding; provided that nothing herein contained shall extend in anywise to any Special Juror.

Nor to extend to Special Ju

ror's.

Nor the Want

on the Jury.

XXVIII. And be it further enacted, That no Challenge shall be taken to any Panel of Jurors for Want of a Knight's being of a Knight returned in such Panel, nor any Array quashed by reason of any such Challenge; any Law, Custom, or Usage to the contrary notwithstanding.

XXIX. And be it further enacted, That in all Inquests to be taken before any of the Courts herein-before mentioned, wherein the King is a Party, howsoever it be, notwithstanding it be alleged by them that sue for the King, that the Jurors of those Inquests, or some of them, be not indifferent for the King, yet such Inquests 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 Custom of the Court; 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 that no Person arraigned for Murder or Felony shall be admitted to any peremptory Challenge above the Number of Twenty.

Inquests not to remain un

taken, although

Jurors chal

lenged for the King, but the Cause may be assigned and the Truth in-. quired of.

In Murder and Felony, Twenty peremptory Challenges only allowed. See

also 7 & 8 G. 4. c. 28. s. 3.

Courts may

order Special Juries to be

struck as usual.

XXX. And be it further enacted and declared, That it is and shall be lawful for His Majesty's Courts of King's Bench, Common Pleas, and Exchequer at Westminster respectively, and for the Judges of the said Courts of the Three Counties Palatine, and of the Courts of Great Sessions in Wales, upon Motion made on behalf of the King, or upon the Motion of any Prosecutor, Relator, Plaintiff, or Demandant, or of any Defendant or Tenant, in any Case whatsoever, whether Civil or Criminal, or on any Penal Statute, excepting only Indictments for Treason or Felony, depending in any of the said Courts, and the said Courts and Judges respectively are hereby authorized, in any of the Cases before mentioned, to order and appoint a Special Jury to be struck before the proper Officer of each respective Court, for the Trial of any Issue joined in any of the said Cases, and triable by a Jury, in such Manner as the said Courts respectively have usually ordered the same; and every Jury so struck shall be the Jury returned for the Trial of such Issue.

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XXXI. And

Qualifications of Special Jurors. Sheriff shall extract certain Names from the Jurors Book to serve as Special Jurors; and

write them in

a separate List,

and prefix Num

bers to all the

XXXI. And be it further enacted, That every Man who shall be described in the Jurors Book for any County in England or Wales, or for the County of the City of London, as an Esquire or Person of higher Degree, or as a Banker or Merchant, shall be qualified and liable to serve on Special Juries in every such County in England and Wales, and in London respectively; and the Sheriff of every County in England and Wales, or his Under-sheriff, and the Sheriffs of London or their Secondary, shall, within Ten Days after the Delivery of the Jurors Book for the current Year to either of them, take from such Book the Names of all Men who shall be described therein as Esquires or Persons of higher Degree, or as Bankers or Merchants, and shall respectively cause the Names of all such Men to be fairly and truly copied out in Alphabetical Order, together with their respective Places of Abode and Additions, in a separate List to be subjoined to the Jurors Book, which List shall be called "The Special Jurors List," and shall prefix to every Name in such List its proper Number, beginning the Numbers from the first Name, and continuing them in a regular Arithmetical Series down to the last Name, and shall cause the said several Numbers to be written upon distinct Pieces of Parchment or Card, being all as nearly as may be of equal Size, and after all the said Numbers shall have been so written, shall put the same together in a separate Drawer or Box, and shall there safely keep the same to be used for the Purpose herein-after mentioned.

Names in such
List; and write

the Numbers on Cards, and put them in a

Drawer or Box.

Officer of Court to appoint Time and Place for nominating Special Jury.

Under-sheriff or his Agent to attend Officer with Jurors Book and Special List.

XXXII. And be it further enacted, That whenever any of the Courts or Judges above mentioned shall order a Special Jury to be struck before the proper Officer of such Court, such Officer shall appoint a Time and Place for the Nomination of such Special Jury; and a Copy of the Rule of Court, and of such Officer's Appointment, shall be served on the Under-sheriff of the County in England or Wales in which the Trial is to be had, or on the Secondary of the City of London, if the Trial is to be had there, and also on all the Parties who have usually been served with the same respectively, in the accustomed Manner; and the said Officer, at the Time and Place appointed, being attended by such Under-sheriff or Secondary, or his Agent, who are hereby respectively required to bring with them the Jurors Book and such Special Jurors List, and all the Numbers so written on distinct Pieces of Parchment or Card as aforesaid, shall, in the Presence of all the Parties in any of the Cases aforesaid, and of their Attornies (if they respectively choose to attend, or if the said Parties or their Attornies, all or any of them, do not attend, then in their Absence), put all the said Numbers into a Box, to be by him provided for that Purpose, and after having shaken them together shall draw out of the said Box Forty-eight of the said Numbers, one after another, and shall, as each Number is drawn, refer to the corresponding Number in the Special Jurors List, and read aloud the Name designated by such Number; and if at the Time of so reading any Name, either Party, or his Attorney, shall object that the Man whose Name shall have been so referred to is in any Manner incapacitated from serving on the said Jury, and shall also then and there prove the same to the Satisfaction of the said Officer, such Name shall be set aside, and the said Officer shall instead thereof

Numbers to be put in a Box,

and 48 to be drawn out.

draw

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