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Overseers of each Township, are hereby authorized to cause a sufficient Number of Copies of such Lists, for the Purposes aforesaid, to be printed at the Expence of their respective Parishes or Townships.

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Petty Sessions

in the last Seren Days of

duced.

X. And be it further enacted, That the Justices of the Peace in every Division in England and Wales shall hold a Special to be held withPetty Sessions for the Purposes herein-mentioned, within the last Seven Days of September in every Year, on some Day and at some Place, of which Notice shall be given by their Clerk, September. before the Twentieth Day of August next preceding, to the High Constable and to the Churchwardens and Overseers of every Parish, and to the Overseers of every Township, within such Division; and the Churchwardens Lists to be and Overseers of each Parish, and the Overseers of each there proTownship, shall then and there produce the List of Men qualified and liable to serve on Juries as aforesaid within their respective Parishes or Townships, by them prepared and made out, as herein-before directed, and shall answer upon Oath such Questions touching the same as shall be put to them, or any of them, by the Justices then present; and if any Man, not qualified and liable to serve on Juries as aforesaid, is inserted in any such List, it shall be lawful for the said Justices, upon Satisfaction from the Oath of the Party complaining, or other Proof, or upon their own Knowledge, that he is not qualified and liable to serve on Juries, to strike his Name out of such List, and also to strike thereout the Names of Men disabled by Lunacy or Imbecility of Mind, or by Deafness, Blindness, or other permanent Infirmity of Body, from serving on Juries; and it shall also be lawful for such Justices to insert in such List the Name of any Man omitted therein, and likewise to reform any Errors or Omissions which shall appear to them to have been committed in respect to the Name, Place of Abode, Title, Quality, Calling, Business, or the Nature of the Qualification of any Man included in any such List: Provided always, that no Man's Name, if omitted, shall be inserted in such List, nor shall any Error or Omission in the Description of any Man in such List be reformed by the said Justices, unless upon the Application of such Men respectively, or unless such Men respectively shall have had Notice that an Application for such Purpose would be made to the Justices at such Petty Sessions, or any Two of them, shall cause Notice to be given to such Men respectively, requiring them to show Cause, at some Adjournment of such Petty Sessions to be holden within Four Days thereafter, why their Names should not be inserted in such List, or why any Error or Omission in the Description of such Men in such List should not be reformed; and when every such List shall be duly corrected at such Sessions, or at such Adjournment thereof, it shall be allowed by the Justices present, or Two of them, at such Sessions Sessions, to be or such Adjournment, who shall sign the same, with their Allowance thereof; and the High Constable shall receive every List so allowed, and deliver the same to the Court of Quarter Sessions next holden for the County, Riding, or Division, on the First Day of its Sitting, at the same Time attesting on Oath his Receipt of every such List from the Petty Sessions, and that no Alteration hath been made therein since his Receipt thereof.

XI. And be it further enacted, That the respective Churchwardens and Overseers of every Parish, and the Overseers of every Township, shall, for their Assistance in completing the

Lists,

Justices not

to reform such Lists without Notice to

the Parties.

1

Lists, when atlowed at Petty

delivered to

High Constable, and by him

attested at next Quarter Sessions.

Assessments to be inspected.

Lists, pursuant to the Intent of this Act (upon Request made by them or any of them at any reasonable Time between the First Day of July and the First Day of October in every Year, to any Collector or Assessorof Taxes, or to any other Officer having the Custody of any Duplicate or Tax Assessment for such Parish or Township), have free Liberty to inspect any such Duplicate or Assessment, and take from thence the Names of such Men qualified to serve on Juries, dwelling within their respective Parishes or Townships, as may appear to them or any of them to be necessary or useful; and every Court of Petty Sessions and Justice of the Peace shall, upon the like Request to any Collector or Assessor of Taxes, or any other Officer having the Custody of any Duplicate or Tax Assessment, or to any Churchwarden or Churchwardens, or Overseer or Overseers, having the Custody of any Poor Rate within their respective Divisions, have the like free Liberty to inspect and make Extracts from any such Duplicate, Tax Assessment, or Poor Rate, for the Purpose of assisting them in the Reformation and Completion of the Jury Lists within their respective Divisions.

Lists to be kept by Clerk of the

Peace.

XII. And be it further enacted, That the Clerk of the Peace shall keep the Lists, so returned by the High Constable to the Court of Quarter Sessions, among the Records of the Sessions, arranged with every Hundred in Alphabetical Order, and every Parish or Township within such Hundred, likewise in Alphabetical Order, and shall cause the same to be fairly and truly copied in the same Order, in a Book to be by him provided for that purpose, at the Expence of the County, Riding, or Division, with proper Columns for making the Register hereinafter directed, and shall deliver the same Book to the Sheriff of the County or his Under-sheriff, within Six Weeks next after the Close of such Sessions, which Book shall be called "The Jurors Book for the Year (inserting the Calendar Year for which such Book is to be in use); and that every Sheriff on "Jurors Book." quitting his Office shall deliver the same to the succeeding Sheriff; and that every Jurors Book so prepared shall be brought into use on the First Day of January after it shall be so delivered by the Clerk of the Peace to the Sheriff or his Under-sheriff, and shall be used for One Year then next following.

Book to be kept, and

called "The

To be used for
One Year.

Writ of Venire.

Precept for Re

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XIII. And be it further enacted, That every Writ of Venire Facias Juratores for the Trial of any Issue whatsoever, whether Civil or Criminal, or on any Penal Statute, in any of the Courts in England or Wales herein-before mentioned, shall direct the Sheriff to return Twelve good and lawful Men of the Body of his County, qualified according to Law, and the rest of the Writ shall proceed in the accustomed Form; and that every Precept to be issued for the Return of Jurors before Courts turn of Jurors. of Oyer and Terminer, Gaol Delivery, the Superior Criminal Courts of the Three Counties Palatine, and Courts of Sessions of the Peace in England, and before the Courts of Great Sessions and Sessions of the Peace in Wales, shall in like Manner direct the Sheriff to return a competent Number of good and lawful Men of the Body of his County, qualified according to Law, and shall not require the same to be returned from any Hundred or Hundreds, or from any particular Venue within the County, and that the Want of Hundredors shall be no Cause of Challenge; any Law, Custom, or Usage to the contrary notwithstanding.

XIV. And

Juries to be returned from Jurors Book,

**

XIV. And be it further enacted, That every Sheriff, upon the Receipt of every such Writ of Venire Facias and Precept for the Return of Jurors, shall return the Names of Men contained in the Jurors Book for the then current Year, and no others; and that where Process for returning a Jury for the Trial of any of the Issues aforesaid shall be directed to any Coroner, Elisor, or other Minister, he shall have free Access to the Jurors Book for the current Year, and shall in like Manner return the Names of Men contained therein, and no others: Provided always, that if there shall be no Jurors Book in existence for the current Year, it shall be lawful to return Jurors from the Jurors Book for the Year preceding.

by Sheriff, &c.

Sheriff, &c.

on Return of Writs of Venire Facias, to

annex a Panel

of Jurors, &c.

3

XV. And be it further enacted, That every Sheriff or other Minister, to whom the Return of Juries for the Trial of Issues before any Court of Assize or Nisi Prius in any County of England, except the Counties Palatine, may belong, shall, upon his Return of every Writ of Venire Facias (unless in Causes intended to be tried at Bar, or in Cases where a Special Jury shall be struck by Order or Rule of Court), annex a Panel to the said Writ, containing the Names alphabetically arranged, together with the Places of Abode and Additions, of a competent Number of Jurors named in the Jurors Book, and that the Names of the same Jurors shall be inserted in the Panel annexed to every Venire Facias for the Trial of all Issues at the same Assizes or Sessions of Nisi Prius in each respective County, which Number of Jurors shall not in any County be less than Forty-eight nor more than Seventy-two, unless by the Direction of the Judges appointed to hold the Assizes or Sessions of Nisi Prius in the same County, or One of them, who are and is hereby empowered, by Order under their or his Hands or Hand, to direct a greater or lesser Number, and then such Number as shall be so directed shall be the Number to be returned; and that in the Writ of Habeas Corpora Juratorum or Distringas, subsequent to such Writ of Venire Facias, it shall not be requisite to insert the Names of all the Jurors contained in such Panel, but it shall be sufficient to insert in the mandatory Part of such Writs respectively," the Bodies of the several Persons in the Panel to this Writ annexed named," or Words of the like Import; and to annex to such Writs respectively Panels containing the same Names as were returned in the Panel to such Venire Facias, with their Places of Abode and Additions; and that for making Returns and Panels aforesaid, and annexing the same to the respective Writs, the ancient legal Fee, and no other, shall be taken; and that the Men named in such Panels, and no others, shall be summoned to serve on Juries at the then next Court of Assizes or Sessions of Nisi Prius for the respective Counties named in such Writs.

XVI. And be it further enacted, That if any Plaintiff or Demandant in any Cause which shall be at issue in any of His Majesty's Courts of Record at Westminster, or any Defendant in any Action of Quare Impedit or Replevin which shall be so at issue, shall sue out any Writ of Venire Facias, upon which any Writ of Habeas Corpora or Distringas with a Nisi Prius shall issue, in order to the Trial of the said Issue at the Assizes or Sessions of Nisi Prius, and shall not proceed to Trial at the First Assizes or Sessions of Nisi Prius after the Teste of such Writ

If Plaintiff sue forth a Venire,

and shall not proceed, he may sue forth un

other, and try

at any subsequent Assizes.

of

of Habeas Corpora or Distringas, then and in every such Case (except when a View by Jurors shall be directed, as hereinafter mentioned) such Plaintiff, Demandant, or Defendant, whensoever he shall think fit to try the said Issue at any other Assizes or Sessions of Nisi Prius, shall sue forth a new Writ of Venire Facias commanding the Sheriff to return anew Twelve good and lawful Men of the Body of his County, qualified according to Law, and the rest of the Writ shall proceed in the accustomed Manner; which Writ being duly returned, a Writ of Habeas Corpora or Distringas with a Nisi Prius shall issue thereupon (for which the same Fees shall be paid as in the Case of the Pluries Habeas Corpora or Distringas with a Nisi Prius), upon which such Plaintiff, Demandant, or Defendant shall and may proceed to Trial as lawfully and effectually to all Intents and Purposes as if no former Writ of Venire Facias had been prosecuted in that Cause, and so toties quoties, as the Case shall require; and if any Defendant or Tenant in any Action depending in any of the said Courts shall be minded to bring to Trial any Issue joined against him, where by the Practice of the Court he may do the same by Proviso, he shall or may, of the issuable Term next preceding such intended Trial to be had at the next Assizes or Sessions of Nisi Prius, sue out a new Venire Facias to the Sheriff in the Form aforesaid by Proviso, and prosecute the same by Writ of Habeas Corpora or Distringas with a Nisi Prius, as lawfully and effectually to all Intents and Purposes as if no former Writ of Venire Facias had been sued out or returned in that Cause, and so toties quoties, as the Matter shall require.

Defendant may do the same.

Returns of Jurors in Counties Palatine.

XVII. And be it further enacted, That every Sheriff or other Minister to whom the Return of Juries for the Trial of Causes in the Superior Courts of the said Counties Palatine may belong, shall, Ten Days at least before the said Courts shall respectively be held, summon a competent Number of Men, named in the Jurors Book, to serve on Juries in the said Courts, so as such Number be not less than Forty-eight nor more than Seventy-two, without the Direction of the Judge or Judges of the Courts for such Counties Palatine respectively; and the Sheriff or other Minister who shall summon such Jurors shall return a List containing the Names, alphabetically arranged, and the Places of Abode and Additions of the Jurors so summoned, on the First Day of the Court to be held for the said Counties Palatine respectively; and the Jurors so summoned, or a competent Number of them, as the Judge or Judges of such Courts respectively shall direct, and no others, (unless in Cases where a Special Jury shall be struck), shall be named in every Panel to be annexed to every Writ of Venire Facias Juratores, Habeas Corpora Juratorum, and Distringas, which shall be issued out and returnable for the Trial of Causes in such Courts respectively.

Returns of
Jurors in
Wales.

XVIII. And be it further enacted, That every Sheriff or other Minister to whom the Return of Juries for the Trial of Causes in the Court of Great Sessions in any County of Wales may belong, shall, at least Ten Days before every Great Sessions, summon a competent Number of Men named in the Jurors Book, so as such Number be not less than Forty-eight or more than Seventy-two, without the Direction of the Judge or Judges of the Great Sessions for such County, who is and are hereby empowered, if he or they shall see Cause, by Rule of Court, or by an Order of any Judge thereof, to be niade in Vacation, if necessary, to direct a greater or lesser Number to be summoned; and that the Sheriff or

other

other Minister who shall summon such Jurors shall return a List containing the Names, alphabetically arranged, and the Places of Abode and Additions. of the Jurors so summoned, at the First Court of the Second Day of every Great Sessions; and that the Jurors so summoned, or a competent Number of them, as the Judge or Judges of such Great Sessions shall direct, and no others (unless in Cases where a Special Jury shall be struck), shall be named in every Panel to be annexed to every Writ of Venire Facias Juratores, Habeas Corpora Juratorum, and Distringas, which shall be issued out and returnable for the Trial of Causes at such Great Sessions.

List of Jurors

to be made out

by Sheriff, and kept for Inspection of the Parties and their Attornies, Seven Days be

fore Sitting of the Court.

XIX. And be it further enacted, That the Sheriff or other Minister to whom the Return of Jurors for the Trial of Causes in any County in England (except the Counties Palatine) may belong, shall cause to be made out an Alphabetical List of the Names of all the Jurors contained in the Panels to the several Writs of Venire Facias annexed as aforesaid, with their respective Places of Abode and Additions; and the Sheriff or other Minister to whom the Return of Jurors for the Trial of Causes in any County Palatine, or in any County in Wales, may belong, shall cause to be made out in like Manner a List of all the Jurors so summoned in such respective Counties as aforesaid; and every such Sheriff or other Minister shall keep such List in the Office of his Under-sheriff or Deputy for Seven Days at least before the Sitting of the next Court of Assize or Nisi Prius, or the next Court to be holden for any County Palatine, or the next Court of Great Sessions in any County in Wales; and the Parties in all Causes to be tried at any such Court of Assize or Nisi Prius, or Court of any County Palatine or Great Sessions, and their respective Attornies, shall, on Demand, have full Liberty to inspect such List, without any Fee or Reward to be paid for Inspection.

Court of King's Bench

and Courts of Oyer and Terminer, &c. to

have the same Powers as to Juries which

XX. Provided always, and be it further declared and enacted, That the Court of King's Bench and all Courts of Oyer and Terminer, Gaol Delivery, the Superior Criminal Courts of the Three Counties Palatine, and Courts of Sessions of the Peace in England, and all Courts of Great Sessions and Sessions of the Peace in Wales, shall respectively have and exercise the same Power and Authority as they have heretofore had and exercised in issuing any Writ or Precept, or in making any Award or Order, orally or otherwise, for the Return of a Jury for the Trial of any Issue before any of such Courts respectively, or for the amending or enlarging the Panel of Jurors returned for the Trial of any such Issue; and the Return to every such Writ, Precept, Award, or Order shall be made in the Mauner heretofore used and accustomed in such Courts respectively, save and except, that the Jurors shall be returned from the Body of the County, and not from any Hundred or Hundreds, or from any particular Venue within the County, and shall be qualified according to this Act.

XXI. And be it further enacted, That when any Person is indicted for High Treason or Misprision of Treason, in any Court other than the Court of King's Bench, a List of the Petit Jury, mentioning the Names, Profession, and Place of Abode of the Jurors, shall be given at the same Time that the Copy of the Indictment is delivered to the Party indicted, which shall be Ten

Days

they had before.

A List of the

Jury to be delicered to Par

ties indicted for High Treason, Ten Days before Trial.

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