Page images

& the

convicted before nie C. D.,. One of His Majesty's Justices of the Peace for of

, for that he the said A. B, did ( specifying the Offence, and the Time and Place where the same was o committed, as the Case shall be ), and the said A. B. is for his said Offence 'adjudged by me the said Justice to forfeit and pay the Sum of .. . . Given under my Hand and Seal, the Day and Year first above-mentioned.'

LVII. And be it further enacted, That no such Conviction Conviction not, shall be quashed for Want of Form, or be removed or removeable to be quashed by Certiorari, or by any Writ or Process whatsoever, into any of for Want of; His Majesty's Courts of Record at Westminster; and that where Form. any Distress shall be made for any Penalty to be levied by virtue of this Act, the Distress itself shall not be deemed to be unlawful, nor the Party making the same be deemed a Trespasser, on account of any Defect or Want of Form in the Summons, Conviction, Warrant of Distress, or other Proceedings relating thereto, nor shall such Party: be deemed a Trespasser ab initio, on account of any Irregularity which : . shall be afterwards done by him; but the Person aggrieved Remedy for by such Irregularity shall and may recover full Satisfaction Irregularity , for the Special Damage (if any) in any Action upon the causing Da. Case, first giving Notice in Writing of the Cause of Action to mage. . , the opposite Party One Calendar Month before the Commence- ' .. ment of such Action; but no Plaintiff shall recover in any Action for such Irregularity, if Tender of sufficient Amends shall have been made before such Action brought, or if a sufficient Sum of Money shall have been paid into Court after such Action brought, by or on behalf of the Party distraining.

LVIII. And be it further enacted, That if any Suit or Action Persons sued shall be prosecuted against any Person, for any thing done in may plead the pursuance of this Act, such Person may plead the General Issue, General Issue. and give this Act and the Special Matter in Evidence at any Trial to be had thereupon; and if a Verdict shall pass for the Defendant, or the Plaintiff shall become Nonsuit, or discontinue his or her Action after Issue joined, or if upon Demurrer or otherwise Judgment shall be given against the Plaintiff, the Defendant shall recover Double Costs, and have the like Remedy for the same as any Defendant hath by Law in other Cases ; and though a Verdict shall be given for the Plaintiff in any such Action, such Plaintiff shall not have Costs against the Defendant, unless the Judge before whom the Trial shall be shall certify his Approbation of the Action, and of the Verdict obtained thereupon.

: LIX. And be it further enacted, That all Actions, Suits, and Prosecutions, to be commenced against any. Person for any thing done in pursuance of this Act, shall be laid and tried in the County where the fact was committed, and shall be commenced within Six Calendar Mouths after the Fact committed, and not otherwise ; and that Notice in Writing of such Cause of Action shall be given to the Defendant or Defendants, One Calendar Month at least before the Commencement of the Action.

Actions to be commenced i within Six Months, with One Month's Notice.

' LX. And be it further enacted, That from and after the passing

of this Act, it shall not be lawful either for the King, or any One on His Behalf, or for any Party or Parties, in any Case


Atlaint of Jue rors abolished.

whatsoever, to commence or prosecute any Writ of Attaint against any Jury or Jurors, for the Verdict by them given, or against the Party or Parties who shall have Judgment upon such Verdict; and that no Inquest shall bę taken to inquire of the Concealments of other Inquests; but that all such Attaints and Inquests shall henceforth cease, become void, and be utterly abolished; any Law, Statute, or Usage to the contrary notwithstanding.

Corrupt Jurors : LXI. Provided always, and be it enacted and declared, That may be in. . notwithstanding any thing herein contained, every Person who dicted. . shall be guilty of the Offence of Embracery, and every Juror

who shall wilfully or corruptly consent thereto, shall and may be respectively proceeded against by Indictment or Information, and be punished by Fine and Imprisonment, in like Manner as every such Person and Juror might have been before the passing of this Act.

Commencement. LXII. And be it further enacted, That those Parts of this of Act.

Act which relate to the issuing of Warrants and Precepts for

the Return of Jury Lists, the Preparation, Production, Reformation, and Allowance of those Lists, the holding of the Petty Sessions for those Purposes, the Formation of a Juror's Book, and the Delivery thereof to the Sheriff, and the Preparation of a List of Special Jurors, and of Parchments or Cards, in the manner herein-before mentioned, shall commence and take effect so soon after the passing of this Act as the proper Periods for doing those Things shall occur; and that the rest of this Act shall commence and take effect on the First Day of January in the Year One Thousand Eight Hundred and Twenty-six : And that from and after the Commencement of the several Parts of this Act respectively, [ Here follows a List of Acts to be repealed whollly or in part, for which see the Schedule at the end,] shall be and the same are hereby repealed.

deth Years of the any part

Not to affect LXIII. Provided always, That nothing herein contained shall the 7 & 8 W.3. be construed to affect or alter any part of an Act passed in the 6. 34, and Seventh and Eighth Years of the Reign of King William the Third. 22 Geo. 2. c. 30. intituled An Act that the solemn Affirmation and Declaration of relating to the People called Quakers shall be accepted instead of an Oath in Quakers and the usual Form ; nor any part of an Act passed in the TwentyMoravians. second Year of the Reign of King George the Second, intituled :

An Act for encouraging the People known by the Name Unitas Fratrum, or United Brethren, to settle in His Majesty's Colonies in America. Not to affect LXIV. Provided also, That nothing herein contained shall Powers unre, extend or be construed to extend to alter, abridge, or affect any pealed.

Power or Authority which any Court or Judge now' hath, or any

Practice or Form in regard to Trials by Jury, Jury Process, Juries or Jurors, except in those Cases only where any such Power or Authority, Practice or Form, is repealed or allered by this Act, or is or shall be inconsistent with any of the Provisions thereof, nor to abridge or affect any Privilege of Parliament.

[ocr errors][merged small]


Form of Warrant for returning Lists of Jurors.

TO the High Constable [ or, To County of of the High Constables of the Hundred [ Lathe, Wapento wit. S take, or other like District ] of

within the County aforesaid. - THESE are to require you, within Fourteen Days after the Receipt hereof, to issue and deliver'( in the Form hereunto annexed, or as near thereto as may be ), your Precepts to the Church wardens and Overseers of the Poor of the several Parishes, and to the Overseers of the Poor of the several Townships within your Constablewick, requiring them to make out and return true Lists of Jurors, and you are at the same Time to annex to each Precept a sufficient Number of the Forms of Returns left herewith, and if you find that, the Number now left with you is not sufficient for all the Places in your Constable. wick, you are to apply to me for more ; and you are furiher required to attend at a Petty Sessions, in the last Week of September next (of which you shall have due Notice ), and such Lists as you shall there receive you are to deliver to the next Court of Quarter Sessions for this County [Riding or Division ), on the First Day of its sitting, and at the same Time to make Oath of your Receipt of such Lists, and that no Alteration has been made therein since your Receipt of them.

If there is any Parish within your Constablewick that has no Overseers of the Poor except the Churchwardens, you are in such Case to treat them as the Church wardens and Overseers of such Parish, and to direct your Precept, together with a sufficient Number of Forms of Return, to them accordingly; and if there is any Parish or Township which extends into any other Constablewick besides your own, you are to treat every such Parish or Township as within your Constablewick, provided the principal Church of such Parish or Township is situated within your Constablewick, and you are to issue your Precepts with a sufficient Number of Forms of Return accordingly; and these several Matters you are in nowise to omit, upon the Peril that shall ensue. Given under my Hand, at

in the said County, the

Day of

in the Year

Clerk of the Peace, for the said County (Ridmg or Division.]

Form of Precept for returning Lists of Jurors.
County of

" TO the Church wardens and Overseers of the Poor of the to wit. ? Parish [or, To the Overseers of the Poor of the Town

undred of) ship] of BY virtue of a Warrant from the Clerk of the Peace of the said County [Riding or Division) unto me directed, you are hereby required to make out, before the First Day of September next, a true List in Writing, in the Forin bereunto annexed, containing the Names of all Men, being natural-born Subjects of the King, between the Ages of Twenty-one and Sixty, residing within your Parish Cor Township), qualified to serve upon Juries; that is to say, of every such Man who has in his own Name, or in Trust for him, a clear Income of Ten Pounds by the Year, in Lands or Tenements, whether of Freehold, - Vol. IV.

3 A


Copyhold, or Customary Tenure, or of Ancient Demesne, situate in the said County, or in Rents issuing out of any such Lands or Tenements, or in such Lands, Tenements, and Rents taken together, in Fee Simple or Fee Tail, or for his own Life, or for the Life of any other Person ; and also of every such Man who has a clear Income of Tueniy Pounds by the Year in Lands or Tenements situate in the said County, held by Lease for the absolute Term of Twenty-one Years, or some longer Term, or for any Term of Years determinable on any Life or Lives; and also of every such Man who is a Householder in your Parish Cor Township] and is rated or assessed to the Poor Rate or to the Inhabited House Duty on a Value of not less than Twenty Pounds (if in Middlesex Thirty Pounds); and also of every such Man who occupies a House in your Parish [or Township] containing not less than Fifteen Window's; and you are required to make out the said List in Alphabetical Order, and to write the Christian and Surname of every Man at full Length, and the Place of his Abode, his Title, Quality, Calling, or Business, and the Nature of his Qualification, in the proper Columns of the Forms hereunto annexed, according to the Specimens given in such Columns for your Guidance.

you are hearish for runds); and alsalue of note" assessed to

And if you have not a sufficient Number of Forms, you must apply to me for more; and in order to assist you in making out the List, you are to refer to the Poor Rate, and you may, if you think proper, apply to any Collector or Assessor of Taxes, or any other Officer who has the Custody of any House Tax, Land Tax, or other Tax Assessment for your Parish [or Township), and take from thence the Names of Men so qualified : And in making such List you are to omit the Names of all Peers, all Judges, all Clergymen, all Roman Catholic Priests who shall have duly taken and subscribed the Oaths and Declaration required by Law; all Ministers of any Congregation of Protestant Dissenters whose Place of Meeting is duly registered, provided they follow no Secular Occupation except that of a Schoolmaster, and produce to you a Certificate of some Justice of the Peace of their having taken the Oaths and subscribed the Declaration required by Law; all Serjeants and Barristers at Law, all Members of the Society of Doctors of Law, and all Advocates of the Civil Law, if actually practising, and all Attornies, Solicitors, and Proctors, if actually practising, and having taken out their annual Certificates; all Officers of the Courts of Law and Equily, and of the Admiralty and Ecclesiastical Courts, if actually exercising the Duties of their respective Offices; all Coroners, all Gaolers and Keepers of Houses of Correction; all Members and Licentiates of the Royal College of Physicians in London, all Members of the Royal Colleges of Surgeons in London, Edinburgh, and Dublin, and Apothecaries certificated by the Court of Examiners of the Apothecaries Company, if actually practising as Physicians, Surgeons, or Apothecaries respectively; ali Officers of the Navy and Army on Full Pay; all Pilots licensed by the Trinity House of Deptford Strond, Kingston-upon-Hull, or Newcastle-upon-Tyne, and all Masters of Vessels in the Buoy and Light Service employed by either of those Corporations, and all Pilots licensed by the Lord Warden of the Cinque Ports, or under any Act of Parliament or Charter for the Regulation of Pilots in any other Port; all the Household Servants of His Majesty; all Officers of Customs and Excise'; all Sheriff's Officers, High Constables, and Parish Clerks; and also all Persons exempt by virtue of any Prescription, Charter, Grant, or Writ.

And when you have made out such List, you are authorized to order a sufficient Number of Copies thereof to be printed (the Expence of which Printing


puicipal Door of September - Cor Townshin

will be allowed you by the Parish ) [or Township) and you are required, on the Three First Sundays in September next, to fix a Copy of such List, signed by you, on the principal Door of every Church, Chapel, or other public Place of Religious Worship within your Parish [or Township), and also to subjoin to every such Copy a Notice to the following Effect, inserting the Time and Place, of which you shall be previously informed: “ Take Notice, that all Objections to the “ foregoing List will be heard by the Justices in Petty Sessions, on the Day of September next, at the Hour of

at .

;" and you must allow any Inhabitant of your Parish [or Township] to inspect the original List, or a true Copy of it, during the Three First Weeks of September next, gratis ; and you are also further required to produce the said List at such Petty Sessions, and there to answer, on Oath, such Questions as shall be put to you by His Majesty's Justices of the Peace there present, touching the said List; and these several Matters you are in nowise to omit, upon the Peril that may ensue. Given under my Hand, at

in the said County, the

Day of

in the Year

High Constable.

The Form of Precept in Wales is to be altered according to the Difference

of Qualification.

Form of Return.
County of 7THE Return of the Churchwardens and Overseers [or of

the Overseers] of the
in the Hundred of

in the said County, of Men qualified to serve on Juries.

to wit.

[ocr errors]
[blocks in formation]

All Saints, Derby:
King-street .. -Adams, John - Esquire .. - Freehold

Alley, James - Merchant - Copyhold
Duke-street - - Bond, Henry - Baker ... - Leasehold
High-street - Boyd, George - Grocer. - Poor Rate
Duke-street - Cole, Charles - Butcher - - House Assessment
Church-street - - Cook, John - Inn-keeper - Windows." .

3 A 2

« EelmineJätka »