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Money or other Reward for omitting or inserting any Man whatsoever, or shalt wilfully insert therein a wrong Description of the Name, Place of Abode,
Title, Quality, Calling, Business, or the Nature of the Qualification of any Man; or shall refuse or neglect, in case the Number of Forms of Return delivered by the High Constable shall be insufficient, to apply to the High Constable for a sufficient Number, so that the List may be made out at the Time and in the Manner herein-before directed; or shall refuse or neglect to fix a Copy of such List duly signed, or to subjoin thereto such Notice as herein-before required, on the principal Door of any Church, Chapel, or other public Place of Religious Worship within their respective Parishes or Townships, on any of the Sundays on which the same ought to be so fixed; or shall refuse to allow any Inhabitant of their respective Parishes or Townships to inspect such List, or a true Copy thereof, gratis, at any reasonable Time during the Three Weeks herein-before mentioned; or shall, on due Notice, refuse or neglect to produce such List at such Petty Sessions as aforesaid, or to answer on Oath such Questions touching the same as shall there be put, or to attend at such Petty Sessions, or any such Adjournment thereof as aforesaid; or shall refuse to allow the said Petty Sessions, or any Justice of the Peace, upon due Request, to inspect or make any Extracts from the Poor Rate of any Parish or Township within their respective Divisions, for the Purposes herein-before mentioned, such Rate being in the Custody of the Party so refusing ; every such Churchwarden or Overseer 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 colivicted; and the Justice before whom such Offender shall be convicted of any such Offence of wrongful Insertion or Omission, shall forth with, in Writing under his Hand, certify the same to the Clerk of the Peace of the County, Riding, or Division in which the Man or Men so wrongfully omitted or inserted shall reside, and the said Clerk of the Peace shall cause the List in which such wrongful Insertion or omission shall have occurred to be corrected according to such Certificate, and shall also give Notice thereof to the Sheriff or Undersheriff, who shall correct the Jurors Book accordingly.
Penalties on XLVI. And be it further enacted, That if any Clerk of the Clerks of Peace Peace shall refuse or neglect to cause a sufficient Number, either and Sheriffs of Warrants, Precepts, or Forms of Return, to be printed in neglecting their
the Manner herein-before directed, or shall refuse or neglect to Duty.
issue and deliver to any High Constable within the Meaning
of this Act, the Warrant and Precepts as herein-before directed, or to annex to the same such a Number of the Forms of Return as he shall bonâ fide deem sufficient, or to deliver to any High Constable such additional Number thereof as he may apply for within Three Days áfter such Application; or shall refuse or neglect to provide or prepare a Jurors Book within the Time' or in the Manner and Form herein-before prescribed, or to deliver the same to the Sheriff or Under-sheriff of the County within the Time herein-before prescribed, or to give Notice to the Sheriff or Uuder-sheriff of any wrongful Insertion or omission, certified to bim by any Justice of the Peace as aforesaid, or to deliver to any Man who shall have been summoned and have duly attended or served as a Grand Juror, or Petty Juror, at the. Sessions of the Peace, a Certificate of such Man's Service, on his Application and Payment as aforesaid, or to transmit to the Sheriff or Undersheriff a List of the Men who shall have been so summoned, and have so attended or served, within the Time and in the Manner lierein-before directed; or if any
Clerk of any such Petty Sessions, to be holden as aforesaid, shall refuse or neglect to give due Notice thereof to any High Constable, or to the Churchwardens and Overseers of any Parish, or to the Overseers of any Township within such Division; or if any Sheriff or Under-sheriff of a County, shall make or cause to be made any Alteration whatsoever in the List of Jurors. contained in the Jurors Book, except in consequence of the Conviction of the Churchwarden or Overseer herein-before provided for; or if any Sheriff or Under-sheriff of a County, or any Sheriff or Secondary of London, shall neglect or refuse to provide or prepare a List of Special Jurors in the Manner and within the Time herein-before prescribed, or shall wilfully write or cause to be written therein the Name of any Person not qualified, or shall wilfully omit thereout the Name of any Person duly qualified as a Special Juror, or shall neglect or refuse to write or cause to be written the several Numbers contained in such List upon distinct Pieces of Parchment or Card, in the Manner and within the Time herein-before prescribed, or shall subtract or destroy, or by any Default or Neglect lose, any of the said Pieces of Parchment or Card, or shall neglect or refuse, upon Discovery of such Loss, to supply the same within Five Days; or if any Sheriff or Under-sheriff of a County shall refuse or neglect' to prepare, or keep for Inspection as aforesaid, a Copy of the Panel in the Cases herein-before provided for, or to register the Service of any Juror, as herein-before directed, or to deliver to any Man who shall have been summoned, and have duly attended or served as a Juror at any Court of Assize, Nisi Prius, Oyer and Terminer, or Gaol Delivery, or in any of the said Courts of the Three Counties Palatine of Great Sessions, a Certificate of such Man's Service, on his Application and Payment as aforesaid; or shall refuse or neglect, within Ten Days after the next succeeding Sheriff shall be sworn into or have entered upon Office, to deliver over to him, as well all the Jurors Books and Lists that shall be made or prepared in the Year of his Sheriffalty, as also all such other like Books and Lists as were prepared in the Sheriffalty of any of his Predecessors, within Four Years then next preceding, and which were delivered over to him by any of his Predecessors; every such Clerk of the Peace, Clerk of the Petty Sessions, Sheriff or Under-sheriff, Sheriff of London or Secondary, offending in any of the said Cases, shall for every such Offence forfeit the Sum of Fifty Pounds, one Moiety whereof shall be to the Use of His Majesty, His Heirs or Successors, and the other Moiety, with full Costs, to such Person as shall sue for the same, in any of His Majesty's Courts of Record at Westminster, by Action of Debt, Bill, Plaint, or Information, wherein no Essoign, Protection, or Wager of Law, 'nor more than One Įm-. parlance shall be allowed.
XLVII, Provided always, and it is hereby further enacted, Juries
, de meo That nothing herein contained shall extend or be construed to
dietate. extend to deprive any Alien indicted or impeached of any Felony or Misdemeanor, of the Right of being tried by a Jury de medietate linguæ,, but that on the Prayer of every Alien so indicted or impeached, the Sheriff or other proper Minister shall, by Command of the Court, return for One Half of the Jury a competent Number of Aliens, if so many there be in the Town or Place where the Trial is had, and if not, then so many Aliens as shall be found in the same Town or Place, if any; and that no such Alien Juror shall be liable to be challenged for want of Freehold of
other Qualification required by this Act; but every such Alien may be challenged for any other Cause, in like Manner as if he were qualified by this Act.
Justices not to be summoned as Jurors.
XLVIII. And be it further enacted, That no Justice of the Peace shall be summoned or impannelled as a Juror, to serve at any Sessions of the Peace for the Jurisdiction of which he is a Justice.
XLIX. And be it further enacted, That the Inhabitants of the City and Liberty of Westminster shall be and are hereby exempted from serving on any Jury at the Sessions of the Peace for the County of Middleser.
Qualification of L. And be it further enacted, That the Qualification hereinJurors, and Re- before required for Jurors, and the Regulations for procuring gulations of Lists of Persons liable to serve on Juries, shall not extend to the Lists in Places
Jurors or Juries in any Liberties, Franchises, Cities, Boroughs, having any
or Towns Corporate not being Counties, or in any Cities, BoCivil or Cri
roughs, or Towns being Counties of themselves, which shall reminal Juris diction, to re
spectively possess any Jurisdiction, civil or criminal; but that in all
such Places, the Sheriffs, Bailiffs, or other Ministers having the main us before.
Return of Juries, shall prepare their Panels in the Manner hereQualification tofore accustomed: Provided always, that no Man shall be im. in London. pannelled or returned by the Sheriffs of the City of London, as
a Juror to try any Issue joined in His Majesty's Courts of Record at Westminster, or to serve on any Jury at the Sessions of Oyer and Terminer, Gaol Delivery, or Sessions of the Peace, to be held for the said City, who shall not be a Householder, or the Occupier of a Shop, Warehouse, Countinghouse, Chambers, or Office, for_the Purpose of Trade or Commerce, within the said City, and have Lands, Tenements, or Personal Estate of the Value of One Hundred Pounds; and that the Lists of Men resident in each Ward of the City of London, who shall be so qualified as herein mentioned, shall be made out, with the proper Quality or Addition and the Place of Abode of each Man, by the Parties who have heretofore been used and accustomed in each Ward to make out the same respectively; and that such Shop, Warehouse, Countinghouse, Chambers, or Office as aforesaid shall, for the Purposes of this Act, be
respectively deemed and taken to be the Place of Abode of Persons, un. every Occupier thereof: Provided also, that no Man shall be qualified to
impannelled or returned to serve on any Jury for the Trial of any serve as Jurors capital Offence in any County, City or Place, who shall not in Civil Causes,
be qualified to serve as a Juror in civil Causes within the same not to be re
County, City, or Place; and the same Matter and Cause being
alledged by way of Challenge, and so found, shall be admitted on Trials for
and taken as a principal Challenge; and the Person so challenged Capital Of.
shall and may be examined, on Oath, of the Truth of the said fences.
turned to serve
Courts of Nisi LI. And be it further enacted and declared, That every Court
of the Peace held for the City of London, shall and may fine any fine Jurors.
Man duly summoned to attend upou any kind of Jury in any of
such Courts respectively, and making Default, or any Talesman or Viewer making Default, in the same Manner to all Intents and purposes as such respective Courts in England and Wales herein-before mentioned.
LII. And be it further enacted, That no Man shall be liable Qualification to be summoned or inipannelled to serve as a Juror in any
of Jurors on County in England or Wales, or in London, upon any Inquest or
Writs of Inc Inquiry to be taken or made by or before any Sheriff or Coroner, quiry. , : by virtue of any Writ of Inquiry, or by or before any Commissioners appointed under the Great Seal, or the Seal of the Court of Exchequer, or the Seals of the Courts of the said Counties Palatine, or the Seals of the Courts of Great Session of Wales, who shall not be duly qualified according to this Act to serve as a Juror upon Trials at Nisi Prius in such County in England or Wales, or in London respectively: Provided always, that nothing herein contained shall extend to any Inquest to be taken by or before any Coroner of a County by virtue of his Office, or to any Inquest or Inquiry to be taken or made by or before any Sheriff or Coroner of any Liberty, Franchise, City, Borough, or Town Corporate not being Counties, or of any City, Borough, or Town being respectively Counties of themselves, but that the Coroners in all Counties, when acting otherwise than under a Writ of Inquiry, and the Sheriffs and Coroners in all such Places as are herein mentioned, shall and may respectively take and make all Inquests and Inquiries by Jurors of the same Description, as they have been used and accustomed to do before the passing of this Act.
LIII. And be it further enacted, That if any Man having Jurors on Inbeen duly summoned and returned to serve as a Juror in any quests, &c. may County in England or Wales, or in London, upon any Inquest be fined for or Inquiry before any Sheriff or Coroner, or before any of the Commissioners aforesaid, shall not, after being openly called Three Times, appear and serve as such Juror, every such Sheriff, or in his Absence the Under-sheriff or Secondary, and such Coroner and Commissioners respectively, are hereby authorized and required (unless some reasonable Excuse shall be proved on Oath or Affidavit) to impose such Fine upon every Man so making Default as they shall respectively think fit, not exceeding Five Pounds; and every such Sheriff, Under-sheriff
, Secondary, Coroner, and Commissioners respectively, shall make out and sign a Certificate, containing the Christian and Surname, the Residence and Trade or Calling of every Man so making Default, together with the Amount of the Fine imposed, and the Cause of such Fine, and shall transmit such Certificate to the Clerk of the Peace for the County, Riding, or Division in which every such Defaulter shall reside, on or before the First Day of the Quarter Sessions next ensuing ; and every such Clerk of the Peace is hereby required to copy the Fines so certified on the Roll on which all Fines and Forfeitures imposed at such Quarter Sessions shall be copied ; and the same shall be estreated, levied, and applied in like Manner, and subject to the like Powers, Provisions and Penalties, in all Respècts, as if they had been Part of the Fines imposed at such Quarter Sessions.
Causes in the
LIV. And be it further enacted, That every Màn duly sum
moned to try moned and returned to serve upon any Jury for the Trial of any Cause or criminal Prosecution, to be tried in any Court of Record holden within the said City of London, other than the Courts
City of London, herein-before respectively, mentioned, or in any other Liberty,
Places, may be Franchise, City, Borough, or Town who shall
not appear and serve on such Jury ( after being openly called Three Times, and fined for Non
attendance. on Proof being made on Oath of the Man so making Default having been duly summoned) shall forfeit and pay for every such his Default, such Fine, not exceeding Forty Shillings. nor less than Twenty Shillings, as the Court shall deem reasonable to impose, unless some just Cause for such Defaulter's Absence shall be made appear by Oath or Affidavit, to the Satisfaction of the Court; and that if any Person on whom such Fine shall be imposed shall refuse to pay the same to the Person who shall be authorized by the Court to receive the same, it shall be lawful for such Court then, or at its next Sitting,
and the same is hereby authorized and required, by Order of the Fine leviable Court, signed by the proper Officer thereof, to cause every such by Distress and Fine to be levied by Distress and Sale of the Goods and Chattels Sale of Goods. of the Person on whom such Fine shall have been imposed; and
the overplus Money, if any, which shall remain after Payment of such Fine, and deducting the reasonable Charges of such Distress and
Sale, shall be rendered to the Person whose Goods and ChatFine to be paid tels shall have been so distrained and sold; and that every Fine Officer of the
which shall be so imposed shall, when received or levied, be paid Court.
by the Person who shall receive or levy the same to the proper
Officer of the Liberty, Franchise, City, Borough, or Town in which the Court was holden wherein such Fine was imposed, to be applied to such Uses, as Issues set on Jurors, or other Fines set in Courts holden within such Liberty, Franchise, City Borough, or Town are by Charter, Prescription, or Usage applicable.
to the proper
Hoư Fines to LV. And be it further enacted, That all Fines to be imposed be recovered under this Act by any of the King's Courts of Record at Westa and applied. minster, or any of the Superior Courts, Civil or Criminal, of the
Three Counties Palatine, or by any Court of Assize, Nisi Prius, Oyer and Terminer or Gaol Delivery, or by any Court of Sessions of the Peace in England, or by any Court of Great Sessions or Sessions of the Peace_in Wales, shall be levied and applied in the sanie Manner as any other Fines imposed by the same Court; and that all other Penalties hereby çreated, (for which no other Remedy is given ) shall, on Conviction of the Offender before any one Justice of the Peace within his Jurisdiction, be levied, ụpless such Penalty be forthwith paid, by Distress and Sale of the Offender's Goods and Chattels, by Warrant under the Hand and Seal of such Justice, who is hereby authorised to bear and examine Witnesses on Oath or Affirmation on any Complaint, and to determine the same, and to mitigate the Penalty, if be shall see fit, to the Extent of one Moiety thereof; and all Penalties, the Application whereof is not herein-before particularly directed, shall be paid to the Complainant; and for want of sufficient Distress, the Offender shall be com, mitted by Warrant under the Hand and Seal of such Justice, to the Common Gaol or House of Correction, for such Term not exceeding Six Calendar Months, as such Justice shall think proper, unless, such Penalty, be sooner paid.
LVI. And for the more easy and speedy Conviction of Offenders against this Act, be it further enacted, That the Justice before whom any Person shall be convicted of any Offence against this Act shall and may cause the Conviction to be drawn in the following Form of Words, or in any other Form of Words to the same Effect, as the Case shall happen; videlicet,
Form of Conriction.
: BE it remembered, That on
A. B. is ( convicted