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Subsequently to the publication of this Edition, several Acts respecting CrimiNAL OFFENCES, and CRIMINAL Process, have passed the Legislature. The Subjects they embrace are numerous and important it has consequently been thought necessary to print them at the end of Vol. IV. as ADDENDA to the Work, to which very particular attention should be given.
The y 8 8 G. 4. c. 29. materially affects the Chapter on LARCENY,
Vol. III. page 917 — but more in the Substitut on of a single Statute for a multiplicity of enactments relating to Criminal Offences, than in any change of principle regulating Forms of Indictments, and other forms of Judicial Process in Criminal Cases. It has been thought preferable therefore, to give the Acts verbatim — with Schedules of those which are repealed, and references to the Clauses of the new Laws, than to attempt, by cancelling part of this Work, to make it strictly conformable to the late regulations, which may probably require future revision. The same observations apply to the Act which consolidates the Laws relating to Malicious Injuries to Property, 78 8 G. 4. c. 30.
The Claim of Benefit of Clergy is abrogated as to the future, by
the 6th Section of Cap. 28, but a reference to former Statutes on that subject is still needful, from the limitation of Capital Punishments dependant on those ancient enactments which allowed that Plea, being continued by Section 1n of the new Act.
A more recent and important Act is also given in the ADDENDA,
the 9 G. 4. c. 31. which has repealed the various Laws relating to Murder and Personal Injuries, dispersed through a variety of Statutes, and reduced the whole into one Act, in which some important Alterations and Improvements will be observable.
Such FORMS OF INDICTMENTS given in this Work as have been drawn
in strict conformity with the Words used in Statutes heretofore in operation, but now repealed, must be altered, where needful, to suit the expressions used in the Clauses for each Offence contemplated by C. 29 and C. 30 of 7 8. 8, and C. 31 of 9 G. 4. the Larceny, Malicious Injuries, and Personal Offences Acts.
A General CHRONOLOGICAL Table is also given of the numerous
Statutes repealed or altered by the above-mentioned Acts.
AN ACT FOR CONSOLIDATING' AND AMENDING THE LAWS RELATIVE TO JURORS AND JURIES.
[Passed 22d June, 1825.] [The Clauses of this Act are given verbatim from the public ;" Act, printed by the King's Printers ; but the Side Epitome .. has been made more conformable to the Text.] . W HEREAS the Laws relative to the Qualification and summoning of Jurors, and the Formation of Juries in England and Wales, are very numerous and complicated, and it is expedient to consolidate and simplify the same, and to increase the Number of Persons qualified to serve on Juries, and to alter the Mode of striking Special Juries, and in some other respects to amend the said Laws; be, it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That every Man, except as hereinafter excepted, Qualification of between the Ages of Twenty-one Years and Sixty Years, residing Jurors.. . in any County in England, who shall have in his own Name or .. in Trust for him, within the same County, Ten Pounds by the Year above Reprizes in Lands or Tenements, whether of Freehold, Copyhold, or Customary Tenure, or of Ancient Demesne, or in Rents issuing out of any such Lands or Tenements, or in such Lands, Tenements, and Rents taken together, in Fee Simple, Fee Tail, or for the Life of himself or some other Person, or who shall have within the same County Twenty Pounds by the Year above Reprizes, in Lands or Tenements, held by Lease or Leases for the absolute Term of. Twenty-one Years, or some longer Term, or for any Term of Years determinable on any Life or Lives, or who being a Householder shall be rated or assessed to the Poor Rate, or to the Inhabited House Duty in the County of Middlesex, on a Value of not less than Thirty Pounds, or in any other County on a Value of not less than Twenty Pounds, or who shall occupy a House containing not less than Fifteen Windows, shall be qualified and shall be liable to serve on Juries for the Trial of all Issues joined in any of the King's Courts of Record at Westminster, and in the Superior Courts, both Civil and Criminal, of the Three Counties Palatine, and in all Courts of Assize, Nisi Prius, Oyer and Terminer, and Gaol Delivery, such Issues being respectively triable in the County in which every Man so qualified respectively shall reside, and shall also be qualified and liable to serve on Grand Juries in Courts of Sessions of the Peace and on Petty Juries, for the Trial of all Issues joined in such Courts of Sessions of the Peace, and triable in the County, Riding, or Division in which every Man so qualified respectively shall reside; and that every Man (except as herein-after excepted) being between the aforesaid Ages, residing in any County of Wales, and being there qualified to the
Extent of Three-fifths of any of the foregoing Qualifications, shall be qualified and shall be liable to serve on Juries for the Trial of all Issues joined in the Courts of Great Sessions, and on Grand Juries in Courts of Sessions of the Peace, and on Petty Juries for the Trial of all Issues joined in such Courts of Sessions of the Peace, in every County of Wales, in which every Mau so qualified as last aforesaid respectively shall reside.
Persons and subscribe estis of the Rin Wales; aj Westminster,
Exemptions . II. Provided always, and be it further enacted, That all from serving Peers; all Judges of the King's Courts of Record at Westminster, on Juries. and of the Courts of Great Session in Wales; all Clergymen
in Holy Orders; all Priests of the Roman Catholic Faith who shall have duly taken and subscribed the Oaths and Declarations required by Law; all Persons who shall teach or preach in any Congregation of Protestant Dissenters, whose Place of Meeting is duly registered, and who shall follow no secular Occupation except that of a Schoolmaster, producing 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, actually practising; all Members of the Society of Doctors of Law, and Advocates of the Civil Law, actually practising; all Attornies, Solicitors, and Proctors duly admitted in any Court of Law or Equity, or of Ecclesiastical or Admiralty Jurisdiction, in which Attornies, Solicitors, and Proctors hare usually been admitted, actually practising, and having duly taken out their Annual Certificates; all Officers of any such Courts actually exercising the Duties of their respective Offices; all Coroners, Gaolers, and Keepers of Houses of Correction; all Members and Licentiates of the Royal College of Physicians in London, actually practising ; all Surgeons being Members of One of the Royal Colleges of Surgeons in London, Edinburgh, or Dublin, and actually practising ; all Apothecaries certificated by the Court of Examiners of the Apothecaries Company, and actually practising ; all Officers in: His Majesty's Navy or 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, His Heirs and Successors; all Officers of Customs and Excise ; all Sheriff's Officers, High Constables, and Parish Clerks, shall be and are hereby absolutely freed and exempted from being returned, and from serving upon any Juries or Inquests whatsoever, and shall not be inserted in the Lists to be prepared by virtue of this Act as herein-after mentioned: Provided also, that all Persons exempt from serving upon Juries in any of the Courts aforesaid, by virtue of any Prescription, Charter, Grant, or Writ, shall continue to have and enjoy such Exemption in as ample a Manuer as before the passing of this Act, and shall not be inserted in the Lists herein-after mentioned.
Aliens disqua. III. Provided also, and be it enacted and declared, That no lified except in Man, not being a natural-born Subject of the King, is or shall certain Cases. be qualified to serve on Juries or Inquests, except only in the Also certain Cases herein-after expressly provided för; and no Man who hath .Conricts and been or shall be attainted of any Treason or Felony, or conOutlaws, fc. victed of any Crime that is infamous, unless he shall have
..obtained a free Pardon, nor any Man who is under Outlawry or Excommunication, is or shall be qualified to serve.on Juries or Inquests in any Court, or on any Occasion whalscever.
* IV. And be it further enacted, That the Clerk of the Peace in every County, Riding, and Division in England and Wales, shall, within the First Week of July in every Year, issue and deliver his Warrant (in the Form set forth in the Schedule hereunto annexed, or as near thereto Clerk of the as niay be ) to the High Coustables of each Hundred, Lathe, Peace to isWapentake, or other like District, by which he shall command Sue Warrants them to issue forth their Precepts to the Church wardens and to the High Overseers of the Poor of the several Parishes, and to the Over- Constables in seers of the Poor of the several Townships within their respective July. Constablewicks, requiring them to prepare and make out, before the First Day of September then next ensuing, a true List of all Men residing within their respective Parishes and Townships, qualified and liable to serve on Juries according to this Act as aforesaid, and also to perform and comply with all other the Requisitions in the said Precepts contained.
V. And be it further enacted, That every such Clerk of the Forms of Peace shall cause a sufficient Number of Warrants, Precepts, Precepts, fc. and Returns to be printed, according to the several Forms set to be printed. forth in the Schedule hereunto annexed, at the Expence of the County, Riding) or Division, and shall annes to every Warrant a competent Number of Precepts and Returns, for the Use of the respective Persons by whom such Precepts are to be issued and such Peturns to be made.
10. perfortained : Providence like District,clerk of the Pearum
2 frenetable. in such case the Clerk or use.com
VI. And be it further enacted, That within Fourteen Days High Constaafter the Receipt of such Warrant of the Clerk of the Peace, bles to issue every High Constable shall issue and deliver his Precept (in the Precepts to Form set forth in the Schedule hereunto annexed, or as near Churchwardens thereto as may be ), together with a competent Number of the and Overseers. printed Forms of Returns, to the Churchwardens and Overseers of the Poor of the several Parisbes, and to the Overseers of the Poor of the several Townships within his Constablewick, requiring them by such Precept to prepare and make out a true List of all Men residing within their respective Parishes and Townships, qualified and liable to serve as Jurors as aforesaid, aud
to perform and comply with all the Requisitions in the said Pre· .cept contained : Provided always, that where in any Hundred, Every High
Lathe, Wapentake, or other like District, there shall be more than Constable in One High Constable, in such case the Clerk of the Peace shall the Hundred issue and deliver his. Warrant, together with a competent Number to be liable for of the Precepts and Returns as aforesaid, to every one of such the PerformHigh Constables, each of whom shall be individually liable for ance of the the due Performance of the several Matters commanded in such Duties required Warrant throughout the whole of such Hundred, Lathe, Wapen- ly this Act. lake, or other like District, and shall for the Non-performance thereof be subject to all and every the Penalties by this Act inposed upon any High Constable; provided also, that where in any Parish there shall be no Overseers of the Poor, other than the Churchwardens, such Churchwardens shall be deemed and taken to be the Church wardens and Overseers of the Poor of such Parish within the Meaning of this Act, to all Intents and, Purposes; provided also, that where, any Parish or Township Parishes to be shall extend into more than one Hundred, Lathe, Wapentake, or deemed within other like District, either in the same or different Counties, such
that Hundred Parish or Township shall be deemed and taken, for all the Pur
where the poses of this Act, to be within ibat flundred, Lathe, Wapeutake,
Church is si. tuule,
or other like District, in which the principal Church of such Parish or Township shall be situate.
Extra-parochial VII. And be it further enacted, That it shall be lawful for the Place may be Justices of the Peace of any Division in England or Wales, at a annexed to a Special Petty Sessions to be holden for that Purpose before the Parish.
First Day of July in any Year, to make an Order for annexing any Extra-parochial Place, whenever they shall think it expedient, to any Parish or Township adjoining therelo, for the Purposes of this Act, and a Copy of such Order shall, within Five Days from the making thereof, be served upon the Church wardens and Overseers of such adjoining Parish, or upon the Overseers of such adjoining Township, and such Extra-parochial Place shall from thence continually be deemed and taken, for all the Purposes of this Act, to be within and to form an integral part of such Parish or Township ; and the Church wardens and Overseers of such Parish, and the Overseers of such Township, shall be, and they are hereby respectively authorized and required to make out, according to this Act, a true List of all Men qualitied and liable to serve ou Juries as aforesaid, residing as well in their own respective Parish or Township as in the Extra-parochial Place thereto annexed, and shall from Time to Time perform and execute within such Extra-parochial Place for the purposes of this Act, but for no other Purpose, all and every the same Acts, Duties, Powers, and Authorities, as in their own respective Parish or Township, and shall be as fully liable to the same Penalties for the Non-performance thereof within such Extra-parochial Place, as if they had in every Instance been mentioned in this Act with refer ence to such Extra-parochial Place.
· Churchwardens VIII. And be it further enacted, That the Churchwardens and
and Orerseers Overseers of every Parish, and the Overseers of every Townto make out ship, within the Meaning of this Act, shall forthwith, after the Lists.
Receipt of such Precept from the High Constable, prepare and
make out in Alphabetical Order a true List of every Man residing within their respective Parishes or Townships, who shall be qualified and Jiable to serve on Juries as aforesaid, with the Christian and Surname written at full Length, and with the true Place of Abode, the Title, Quality, Calling, or Business, and the Nature of the Qualification of every such Man, in the proper Columns of the Form of Return set forth in the Schedule hereunto annexed.
Lists to be IX. And be it further enacted, That the Church wardens and fixed on Church Overseers of each Parish, and the Overseers of each Township, Doors, &c. having made out according to this Act a List of every Man
. qualified and liable to serve on Juries as aforesaid, shall, on the Three first Sundays in the Month of Sepleniber, fix a true Copy of such List upon the principal Door of every Church, Chapel, and other Public Place of Religious Worship within their respective Parishes or Townships, having first subjoined to every such Copy a Notice, stating that all Objections to the List will be heard by the Justices of the Peace at a Time and Place to be mentioned in such Notice, and having also signed their Names at the Foot of such Copy, and shall likewise keep the original List, or a true Copy thereof, to be perused by any of the Inhabitants of their respective Parishes or Townships, at any reasonable Time during the Three first Weeks of the Month of September, without any Fee or Reward, to the End that Notice may be given of Men qualified who are omitted, or of Men inserted who ought to be omitted caft uf such List; and the Churchwardeus and Overseers of each Parish, and the