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OILAVA

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 no

thing 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 Actor 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, bis 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 Actor 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 As- XXII. And be it further enacted, That in any County in size, &c. may di- which the Justices of Assize in England, or the Justices of the rect Sheriff's to Superior Courts of the said Counties Palatine, or the Judges of summon a suff. ihe Great Sessions in any County of Wales, shall think fit so to

mber of direct, the Sheriff or other Minister to whom the Return of the ve Venire Facias Juratores, or other Process for the Trial of Causes

at Nisi Prius, doch belong, shall summon and impanel such on Criminal and Civil Side, di

Number of Jurors, not exceeding One Hundred and Forty-four, vided into Two

as such Judges or Justices respectively shall think fit to direct,

to serve indiscriminately on the Criminal and Civil Side ; and Sets.

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 wliom 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 Namies of the Persons in that Set, and during the Attendance and In case of Service of the Second of such Sets, from the Names of the Views, Judge Perso

Persons in such Second Set: Provided always, that in any to appoint Trial Case wherein an Order for a View shall have been obtained as during Attend hereinafter mentioned, it shall be lawful for the Judge before ance of Viewers. whom such Case is to be tried, and he is hereby required, on the

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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.

XXIII. And be it further enacted, That where in any Case Where Jurors either Civil or Criminal, or on any penal Statute, depending in are to view, , any of the said Courts of Record at Westminster or in the

Court may Counties Palatine, or Great Sessions in Wales, it shall appear

order a Sum to to any of the respective Courts, or to any Judge thereof in Va

be deposited by

the Parties to cation, that it will be proper and necessary that some of the

cover the Jurors who are to try the Issues in such Case should have the

Expences. 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 Relurn 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.

XXIV. And be it further enacted, That where a View shall Viewers to : be allowed in any Case, those Men who shall have had the View, be sworn upon or such of them as shall appear upon the Jury to try the Issue, wury first. : 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.

to be

moned

XXV. And be it further enacted, That the Summons of every common Jurors 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

Duy of Atshewing to the Man to be summoned, or in case he shall be

tendance, and absent from the usual Place of his Abode, by leaving with some

Special Jurors Person there inhabiting, a Note in Writing, under the Hand of ?

Three Days. 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 u bich the Special Juror is to attend : Provided always, that Jurors for this Act shall not require any longer Time for summoning any London and Jurors in the City of London or County of Middlesex than has Middlesex been heretofore by Law required, nor shall give any longer Time to be summoned Vol. IV. ጊ ?

for us 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 Ju- XXVI. And be it further enacted, That the Name of each pors summoned Man who shall be summoned and impanelled in any Court of 2 Courts of Assize or Nisi Prius, or for the Trial of Issues in the Civil Assize or Nisi Courts of the Counties Palatine or Great Sessions, with the Prius, to be

Place of his Abode and Addition, shall be written on a disput in a Box,

tinct Piece of Parchment, or Card, such Pieces of Parchment and Twelve to

or Card being all as nearly as may be of equal Size, and shall be drawn out

be delivered unto the Associate or Prothonotary of such Court in open Court, and ballotted for

by the Under-sheriff of the County, or the Secondary of the Juries in Cicil City of London, and shall, by Direction and Care of such Courts.

Associate or Prothonotary, be put together in a Box to be pro

vided 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 Meu 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 sworú 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 sball, 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 Where Jury

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 Jurý in their Ver

in any other Issue shall have brought in their Verdiet or been dis

in any other issue snan n dict, Twelve

charged, it shall be lawful for the Court to order Twelve of the others to be

Residue of the said Parchments or Cards, not containing the drawn.

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 The same Jury, brought on to be tried : Provided also, that where no Objection if not objected shall be made on behalf of the King or any other Party, it shall to, may try se

be lawful for the Court to try any Issue with the same Jury that veral Issues in

shall have previously tried or been drawn to try any other Issue, succession with

without their Names being returned to the Box and redrawn, or out being re.

to order the Name or Names of any Man or Men on such Jury, drawn.

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.

XXVII. And

XXVII. And be it further enacted, That if any Man shall be Want of Quareturned as a Juror for the Trial of any Issue in any of the Courts lification in herein-before mentioned, who shall not be qualified according to Jurors to be this Act, the Want of such Qualification shall be good Cause of

Cause of ChalChallenge, 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 re

the Want of turned as a Juror for the Trial of any such Issue shall be qua

Freehold.

" lified 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; Nor to extend. provided that nothing herein contained shall extend in anywise to Special Juto any Special Juror.

ror's.

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

Nor the Want of a Knight on the Jury.

· XXIX. And be it further enacted, That in all Inquests to be Inquests not to taken before any of the Courts herein-before mentioned, wherein remain unthe King is a Party, howsoever it be, notwithstanding it be al- taken, although leged by them that sue for the King, that the Jurors of those Jurors chalInquests, or some of them, be not indifferent for the King, yet lenged for the such Inquests shall not remain untaken-for that Cause ; but if

King, but the they that sue for the King will challenge any of those Jurors,

Cause may be they shall assign of their Challenge a Cause certain, and the

assigned and

the Truth in- . Truth of the same Challenge shall be inquired of according to

quired of. the Custom of the Court; and it shall be proceeded to the

In Murder and taking of the same. Inquisitions, as it shall be found, if the

Felony, Twenty Challenges be true or not, after the Discretion of the Court; and

peremptory that no Person arraigned for Murder or Felony shall be admitted Challenges only to any peremptory Challenge above the Number of Twenty. allowed. See

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

- XXX. And be it further enacted and declared, That it is and Courts may shall be lawful for His Majesty's Courts of King's Bench, Com. order Special mon Pleas, and Exchequer at Westminster respectively, and for Juries to be the Judges of the said Courts of the Three Counties Palatine, struck as usual. 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. . ...... . . .. ... z 2 2 ..

XXXI. And.

bases before roper Officer cases, and triaoldered the same su before in any of the sely have usually the Trial

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Qualificalions XXXI. And be it further enacted, That every Man who shall

be described in the Jurors Book for any County in England or rors. Sheriff Wales, or for the County of the City of London, as an Esshall extract

quire or Person of higher Degree, or as a Banker or Merchant, certain Names

shall be qualitied and liable to serve on Special Juries in every from the Jurors

such County in England and Wales, and in London respectively ; Book to serve

and the Sheriff of every County in England and Wales, or his as Special Jurors; and

Under-sheriff, and the Sheriffs of London or their Secondary, urile them in

shall, within Ten Days after the Delivery of the Jurors Book for a separate List, separate List, the current Year to either of them, take from such Book the

fir Num. Names of all Men who shall be described therein as Esquires or bers to all the Persons of higher Degree, or as Bankers or Merchants, and shall Names in such respectively cause the Names of all such Men to be fairly and List ; and write truly copied out in Alphabetical Order, together with their rethe Numbers spective Places of Abode and Additions, in a separate List to be on Cards, and subjoined to the Jurors Book, which List shall be called “The put them in a ' Special Jurors List," and shall prefix to every Name in such Drawer or Box. 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.

with Jurors

Officer of Court XXXII. And be it further enacted, That whenever any of the to appoint Time Courts or Judges above mentioned shall order a Special Jury to and Place for be struck before the proper Officer of such Court, such Officer nominating shall appoint a Time and Place for the Nomination of such pecial Jury. 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 Under-sheriff same respectively, in the accustomed Manner; and the said or his Agent to

Officer, at the Time and Place appointed, being attended by attend Officer such Under-sheriff or Secondary, or his Agent, who are hereby

respectively required to bring with them the Jurors Book and Book and

such Special Jurors List, and all the Numbers so written on Special List.

distinct Pieces of Parchment or Card as aforesaid, shall, in the Numbers to be

Presence of all the Parties in any of the Cases aforesaid, and of put in a Box, and 48 to be

their Attornies (if they respectively choose to attend, or if the said Parties or their Attornies, all or any of them, do not at

tend, 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 fronı 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

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