« EelmineJätka »
draw out of the said Box another Number, and shall in like Manner refer to the corresponding Number in the said List, and read aloud the Name designated thereby, which Name may be in like Manner set aside, and other Numbers and Names shall in every such Case be resorted to, according to the Mode of Proceeding herein-before described, for the Purpose of_supplying Names in the Places of those set aside, until the whole Number of Forty-eight Names not liable to be set aside shall be completed; and if in any Case it shall so happen that the whole Number of Forty-eight Names cannot be obtained from the Special Jurors List, in such Case the said Officer shall fairly and indifferently take, according to the Mode of Nomination heretofore pursued in nominating Special Juries, such a Number of Names from the General Jurors Book, in addition to those already taken from the Special Jurors List, as shall be required to make up the full Number of Forty-eight Names, all and every of which Forty-eight Names shall in such Case be equally deemed and taken to be those of Special Jurors; and the Deficiency to be said Officer shall afterwards make out for each Party a List of supplied from
Jurors Book, the Forty-eight Names, together with their respective Places of
and List, when Abode and Additions, and after having made out such List, shall
complete, to be return all the Numbers so drawn out, together with all the Numbers remaining undrawn, to such Under-sheriff or Secondary, or his Agent, to be by such Under-sheriff or Secondary safely and securely kept for future Use; and all the subsequent Proceedings for reducing the said List, and all other Matters whatsoever relating to Special Juries, shall remain and continue in force as heretofore, except where the same or any Part thereof is expressly altered by this Act; and all the Fees heretofore payable on the striking of Special Juries shall continue to be paid in the accustomed Manner.
XXXIII. Provided always, and be it further enacted, That The Parties nothing herein contaived shall be construed to prevent the Parties
may, by Conin any Cause, or their Attornies, from consenting to have a Spe- sent, have a cial Jury nominated according to the Mode used and accustomed Special Jury before the passing of this Act, and upon a Consent to that Effect, struck accordsigned by each Party or bis Attorney, being communicated to
ing to the an
cient Mode. the proper Officer, he is hereby authorized and required to nominate a Special Jury for the Trial of every such Cause, according to the Mode used and accustomed before the passing of this Act :
The same Spe. Provided also, that nothing herein contained shall be construed
cial Jury may, to prevent the same Special Jury, however nominated, from trying by Consent, try any Number of Causes, so as the Parties in every such Cause,
any Number of
Causes. or their Attorvies, shall have signified their Assent in Writing to the Nomination of such Special Jury for the Trial of their respective Causes : Provided always, that it shall be lawful for
Court may disthe Court, if it shall so think fit, upon the Application of any charge any Man Man who shall have served upon One or more Special Juries at on his Applicae any Assizes or Sessions of Nisi Prius, to discharge such Man tion, who has from serving upon any other Special Jury during the same As- served on One sizes or Sessions of Nisi Prius.
or more Juries.
XXXIV. And be it further enacted, That the Person or Costs of Spe
cial Jury. Party who shall apply for a Special Jury, shall pay the Fees for striking such Jury, and all the Expences occasioned by the Trial of the Cause by the same, and shall not have any further or other Allowance
for the same, upon Taxation of Costs, than such Person or Party would be entitled unto in case the Cause had been tried by a common Jury; unless the Judge before whom the Cause is tried shall, immediately after the Verdict, certify, under his Hand, upon the back of the Record, that the same was a Cause proper to be tried by a Special Jury. Fees to Special
XXXV. And be it further enacted, That no Juror who shall Jurors.
serve upon any Special Jury shall be allowed or take for serving
on any such Jury more than such Sum of Money as the Judge who tries the Issue shall think just and reasonable, and which shall not exceed the Sum of One Pound One Shilling, except in Causes wherein a View is directed, and shall have been had by such Juror.
Mode of striking XXXVI. Provided always, and be it further enacted, That Special Juries in where any Special Jury shall be ordered, by any Rule in any of any County of a
the Courts aforesaid, to be struck by the proper Officer of such City or Town
Court, in any Cause arising in any County of a City or Town, (except London)
except the City of London, the Sheriff or Sheriffs thereof, or to remain as
the Under-sheriff respectively, shall be commanded by such Rule heretofore.
to bring or cause to be brought, before the proper Officer of such Court, the Books or Lists of Persons qualified to serve on Juries within the same County of a City or Town; and in every such Case the Jury shall be taken and struck out of such Books or Lists respectively, in the Manner heretofore used and accustomed ; any thing in this Act to the contrary notwithstanding Where a full XXXVII. And be it further enacted, That where a full Jury Jury does not shall not appear
Court of Assize or Nisi Prius, or appear, Court,
before any of the Superior Civil Courts of the Three Counties on Request,
Palatine, or before any Court of Great Sessions, or where, after may fill it up
Appearance of a full Jury, by Challenge of any of the Parties, from Persons
the Jury is likely to remain untaken for Default of Jurors, present.
every such Court upon Request made by the King by any one
thereto authorized or assigned by the Court, or on Request made by the Parties, Plaintiff or Demandant, Defendant or Tenant, or their respective Attornies, in any Action or Suit, whether popular or private, shall command the Sheriff or other Minister, to whom the making of the Return shall belong, to name and appoint, as often as need shall require, so many of such other able Men of the County then present as shall make up a full Jury; and the Sheriff or other Minister aforesaid shall, at such Command of the Court, return such Men duly qualified as shall be present or can be found to serve on such Jury, and shall add and annex their Names to the former Panel, provided that where a Special Jury shall have been struck for the Trial of any Issue, the Talesmen shall be such as shall be impannelled upon the common Jury Panel to serve at the same Court, if a sufficient Number of such Men can be found; and the King, by any one so authorized or assigned as aforesaid, and all and every the Parties aforesaid, shall and may, in each of the Cases aforesaid, have their respective Challenges to the Jurors so added and annexed, and the Court shall proceed to the Trial of every such Issue with those Jurors who were before impannelled, together with the Talesmeh so newly added and annexed, as if all the said Jurors had been returned upon the Writ or Precept awarded to try the Issue.
XXXVIII. And be it further enacted, That if any Man Fine on Jurors having been duly summoned to attend on any Kind of Jury for Non-uttendin any of the Courts in England or Wales herein-before mentioned, shall not attend in pursuance of such Summons, or being Thrice called shall not answer to his Name, or if any such Man, or any Talesman, after having been called, shall be present but not appear, or after his Appearance shall wilfully withdraw himself from the Presence of the Court, the Court shall set such Fine upon every such Man or Talesman so miaking Default ( unless some reasonable Excuse shall be proved by Oath or Affidavit ), as the Court shall think ineet : Provided always, that where any Viewer, having been duly summoned to attend on any Jury, shall make Default as aforesaid, the Court is hereby authorized and required to set upon such Viewer (unless some reasonable Excuse shall be proved as aforesaid) a Fine to the Amount of Ten Pounds at the least, and as much more as the Court, under the Circumstances of the particular Case, shall think proper. *. XXXIX. And be it further enacted, That every Sheriff and Sheriff indemother Minister, to whom the Return of Juries shall belong, shall nified in rebe and is hereby indemnified for impanpelling and returning
returning turning any any Man named in the Jurors Book, although he may not be unqualified Per. qualified or liable to serve on Juries; and that if any Sheriff or
son not liable. other such Minister shall wilfully impanel and return any Man
If Sheriff re. to serve on any Jury before any of the Courts of England or Wales herein-before mentioned (except on the Grand Jury at
Book, or if any Assizes or Great Sessions), such Man's Name not being
Clerk of Asinserted in the Jurors Book for the current Year, or, if such
size records Book has not been delivered, then in the Jurors Book last
Appearances delivered, or if any Clerk of Assize, Associate, Prothonotary,
when the Party Clerk of the Peace, or other Officer of any of the Courts afore'said, shall wilfully record the Appearance of any Man so sum- they may be moned and returned, who did not really appear, in every such fined. Case the Court shall and may, upon Examination in a summary Way, set such Fine upon such Sheriff, Minister, Clerk of Assize, Associate, Prothonotary, Clerk of the Peace, or other Officer offending, as the Court shall think meet.
turns One not in the Jurors
did not appear,
XL. And be it further enacted, That the Sheriff or his Sheriff, 8c. Under-sheriff, shall from Time to Time register alphabetically, to register the in proper Columus, to be prepared in the Jurors Book for that Names of Purpose, the Services of such Men as shall be summoned and
have served ; shall attend to serve as Jurors on Trials before any Court of
and give Cere * Assize or Nisi Prius, Oyer and Terminer, or Gaol Delivery, or
tificates. in the said Courts of the said Counties Palatine or Great Sessions, and also the Times of their Services, and every Man so summoned, and having duly attended or served until discharged by the Court shall (upon Application by him made to such Sheriff or Under-sheriff, before he shall depart from the Place of Trial,) receive a Certificate testifying such his Service, which Certificate the Sheriff or Under-sheriff is hereby required to give on Payment of One Shilling : Provided always, Not to extend
to Grand or that nothing herein contained shall extend to any Grand Jurors or Special Jurors.
Clerk of the XLI. And be it further enacted, That the Clerk of the Peace, Peace to make
at every Sessions of the Peace to be holden for any County, out a List of
Riding, or Division in England or Wales, shall make out a List all who serve
of such Men as shall be summoned and shall attend to serve on at Sessions on
any Grand Jury or Petty Jury at such Sessions, together with Grand or
their respective Places of Abode and Additions, and ihe Date of Petty Juries,
their Services, and shall, within Twenty Days after the Close of and transmit the same to
every such Sessions, transmit such List to the Sheriff or UnderSheriff, to be
sheriff of the County, who is hereby required forth with to registered in
register the Names of the Men included in such List in the Jurors Book.
proper Columns of the Jurors Book for that Purpose, together Certificates of
with the Date of their Services; and every Man so summoned, Services to be
and having duly attended or served until discharged by the Court given by Clerk of Sessions, shall, upon Application by him made to such Clerk of the Peace. of the Peace, before he shall depart from the Place where the
Sessions are holden, receive a Certificate, testifying such his Service, which Certificate the said Clerk of the Peace is hereby required to give, on Payment of One Shilling. Jurors not to XLII. And be it further enacted, That no Man shall be rebe summoned
turned as a Juror to serve at any Session of Nisi Prius or of again within
Gaol Delivery, in the County of Middlesex, who has served as a certain Periods
Juror at either of such Sessions in the said County, in either of to Assizes.
the Two Terms or Vacations next immediately preceding, and
has the Sheriff's Certificate of having so served; and no Man shall be returned as a Juror to serve on Trials before any Court of Assize, Nisi Prius, Oyer and Terminer, or Gaol Delivery, or any of the said Courts of the Three Counties Palatine, or the said Great Sessions, who has served as a Juror at any of such Courts within One Year before, in Wales, or in the Counties of Hereford, Cambridge, Huntingdon, or Rutland, or Four Years before in the County of York, or Two Years before in any other County,
and has the Sheriff's Certificate of having so served ; and no Nor. to Quurter Man shall be returned to serve upon any Grand Jury or Petty Sessions,
Jury, at any Sessions of the Peace to be holden for any County,
Riding, or Division in England or Wales, who has served as a Juror at any such Session within One Year before, in Wales, or in the Counties of Hereford, Cambridge, Huntingdon, or Rutland, or Two Years
before in any other County, and has the Certificate of the Clerk Sheriff offend- of the Peace of having so served ; and if any Sheriff or other ing herein may Minister shall wilfully transgress in any of the Cases aforesaid, bę fired. the Court may and' is hereby required, on Examination and
Proof of every such Offence in a summary Way, to set such Fine upon every such Offender as the Court shall think meet : Provided, that nothing herein contained shall extend to Grand Jurors at the Assizes or. Great Sessions, or to Special Jurors.
Sheriff, &c. XLIII. And be it further enacted, That no Sheriff, Undertaking Money to sheriff, Coroner, Elisor, Bailift, or other Officer or Person whatexcuse Persons
soever, shall, directly or indirectly, take or receive any Money or from serving, other Reward, or Promise of Money or Reward, to excuse any and Bailiff in- Man from serving or from being summoned to serve on Juries, or serting Names
such Colour or Pretence; and that no Bailiff or other not in Sheriff's Officer appointed by any Sheriff, Under-sheriff, Coroner, or
Elisor, to summon Juries, shall summon any Man to serve there- Warrant, may on, other than those whose Names are specified in a Warrant or Mandate, signed by such Sheriff, Under-sheriff, Coroner, or Elisor, and directed to such Bailiff, or other Officer; and if any Sheriff, Under-sheriff, Coroner, Elisor, Bailiff, or other Officer, shall wilfully transgress in any of the Cases aforesaid, or shall summon any Juror, not being a Special Juror, less than Ten Days before the Day on which he is to attend, or shall summon any Special Juror less than Three Days before the Day on which he is to attend, except in the Cases herein-before excepted, the Court of Assize, Nisi Prius, Oyer and Terminer, Gaol Delivery, Great Sessions, or Superior Court of the said Counties Palatine, or Court of Sessions of the Peace, within whose Jurisdiction the Offence shall have been committed, may and is bereby required, on Examination and Proof of such Offence, in a summary Way, to set such a Fine upon every Person so offending, as the Court shall think meet, according to the Nature of the Offence.
XLIV. And be it further enacted, That if any High Constable Penalties on within the Meaning of this Act shall, for Fourteen Days after High Constathe Warrant of the Clerk of the Peace shall be served on him, ble for neglect. or left at his usual Place of Abode, refuse or neglect to issue and deliver his Precept as herein-before directed, to the Churchwardens and Overseers of any Parish, or to the Overseers of any Township within bis Constablewick; or shall in like Manner refuse or neglect to issue and deliver his Precept to the Churchwardens and Overseers of any Parish, or to the Overseers of any Township, where such Parish or Township extends into any other Hundred, Lathe, Wapentake, or other like District besides bis own, either in the same or a different County, (provided the principal Church of such Parish or Township shall be situate within his own Hundred, Lathe, Wapentake, or other like District,) or shall refuse or neglect in any of the foregoing Cases to annex to the respective Precepts such a Number of the Forms of Return as he shall bona fide deem sufficient, or to deliver such additional Number as may be demanded of him by any Churchwarden or Overseer as aforesaid, (provided he has such additional Number in his Possession), or in case of his not so baying them, shall refuse or neglect to apply forth with to the Clerk of the Peace for such additional Number, and to deliver the same to the Party so demanding within Three Days after his Receipt thereof; or shall on due Notice refuse or veglect to altend at any such Petty Sessions, or such Adjournment thereof as aforesaid, or to receive any List or Lists there tendered by the Justices present, or to deliver the same to the Quarter Sessions next holden for the County, Riding, or Division, at the Time and in the Manner hereinbefore directed, or shall make any Alteration in any such List after his Receipt thereof; every such High Constable offending in any of the foregoing Cases, shall for every such Offence forfeit a Sum not exceeding Ten Pounds, nor less than Forty Shillings, at the Discretion of the Justice before whom he shall be convicted,
XLV. And be it further enacted, That if any Churchwarden Also on Church or Overseer of any Parish, or any Overseer of any Township wardens and within the Meaning of this Act, shall refuse or neglect (unless
Overseers. prevented by Sickness ) to assist in making out any List required by this Act, so that the same shall not be made out at the Time and in the Manner liereinbefore directed; or shall wilfully on it out of such List any Man whose Name ought to be inserted therein, or shall wilfully insert therein the Name of any Man who ought to be omitted, or shall take any