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Acts relating to Juries and Jury Process, in part or wholly
repealed by 6 Geo. 4. c. 50. s. 62.
c. 13 c. 4
[The Letters T. P. mean totally or partly repealed.] STATUTES repealed,
SUBJECTS of ACTS. wholly or in part. 43 H. 3
P. So much of these two Acts as relates to exemption 52
from Assizes, Juries, and Inquests
P. That all, being twelve years of age, ought to c. 24
appear at Inquests for the death of man
P. As relates to persons of twelve years of age being, 12 Ed. 1
sunimoned upon Coroners Inquests
P. That the Justices shall not put in Assizes or Juries 13
any other than those that were summoned to the
same at first P. How many, and what sort of persons shall be
returned on Juries and Petty Assizes 21 st. 1
T. De illis qui debent poni in Juratis et Assizis 28
st. 3. c. 9 P. How Inquests and Juries are to be impanelled 33 st. 4
t. An Ordinance for Inquests
P. None of the Ministers therein mentioned be put in 34 st. 5. c. 3
Assizes, Juries, or Inguests without the Forest 5 Ed. 3. c. 10 - P. The punishment of a corrupt Juror 20
P. Embracers and corrupt Jurors st. 2. c. 8
P. The mode of trial where one or both parties are
P. Inquests and Proofs between Aliens and Denizens 34
P. Panels of Inquests shall be of the neighbourhood
to give their verdict
P. Qualification of Jurors on Inquests of Escheat st. 1. c. 13 - P. Relating to Jurors on Inquests of Escheat 38
P. Penalty on corrupt Jurors and Embracers
P. Panels in Assizes shall be arrayed four days 42
before the Sessions, and what sort of jurors shall
be put therein 7 Ric. 2. c. 7
P. Granting writ of Nisi Prius at Suit of Jurors 11 H. 4. c.
P. That Jurors in Indictments, shall be returned by 9
Sheriffs or Builiffs, without domination 2 H. 5. st. 2. c. 3 P. Qualification of Jurors 6 H. 6. c.
P. As to the Panels in special Assizes 8
P. Inquests and Proofs between Aliens and Denizens
P. That no Sheriff or Under-sheriff shall return any 23 c. 9
of their Officers or Servants in any of the cases
P. The qualification of Jurors taking indictments, 33 c. 2
in Lancaster, and other Counties 8 Ed. 4. c. 3
P. As to Jurors in Middlesex i Ric. 3. c. 4
T. For returning sufficient Jurors 19 H. 7. c. 13
T. De Riotis Reprimendis
P. What qualification every Juror returned before 1 H. 8. c. 8
Escheators or Commissioners of the Crown shall have within the same Shire where the inquiry shall be made
SUBJECTS of ACTS.
P. Perpetuating that part of the last-mentioned Act
Issues joined in any of the Courts at Westminster,
and triable in the City of London
the cases mentioned
the King and Queen's Majesty is a party
a Tales de circumstantibus, as well as the de
mandant or plaintiff
dition of trials
high treason ought to be Freeholders
the Third, relating to the qualification of Jurors
in the County of York P. Relating to Jurors P. As to writs of Venire Facias, and to Jurors having
dicted of high treason or misprision of treason
the better regulation of Juries in Middlesex
and Challenges of the Array
moned on Juries, and neglecting lo attend
13 G. 3. c. 51
s. 6, 7 & 8 1 & 2 G. 4. c. 46
c. 106. S. 29
AN ACT FOR IMPROVING THE ADMINISTRATION OF CRIMINAL JUSTICE IN ENGLAND.
[Passed 26th May, 1826.]
[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.]
WHEREAS it is expedient to define under what Circumstances Persons may be admitted to Bail in Cases of Felony, and to make better Provision for taking Examinations, Informations, Bailments, and Recognizances, and returning the same to the proper Tribunals: And whereas the technical Strictness of Criminal Proceedings might in many Instances be relaxed, so as to ensure the Punishment of the guilty, without depriving the accused of any just Means of Defence; and the Administration of Justice in that Part of the United Kingdom called England might in other respects be rendered more effectual: 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, As to bäiling That where any Person shall be taken on a Charge of Felony on a Charge of or Suspicion of Felony, before One or more Justice or Justices Felony. of the Peace, and the Charge shall be supported by positive
and credible Evidence of the Fact, or by such Evidence as, if not explained or contradicted, shall, in the Opinion of the Justice or Justices, raise a strong Presumption of the Guilt of the Person charged, such Person shall be committed to Prison by such Justice or Justices, in the Manner hereinafter mentioned; but if there shall be only One Justice present, and the whole Evidence given before him shall be such as neither to raise a strong Presumption of Guilt nor to warrant the Dismissal of the Charge, such Justice sball order the Person charged to be detained in Custody until he or she shall be taken before Two Justices at the least; and where any Person so taken, or any Person in the First Instance taken before Two Justices of the Peace, shall be charged with Felony or on Suspicion of Felony, and the Evidence given in support of the Charge shall, in their opinion, not be such as to raise a strong Presumption of the Guilt of the Person charged, and to require bis or her Committal, or such Evidence shall be adduced on Behalf of the Person charged as shall in their Opinion weaken the Presumptiớn of his or her Guilt, but there shall notwithstanding appear to them, in either of such cases, to be sufficient Ground for judicial Inquiry into his or her Guilt, the Person charged-shall be admitted to Bail by such Two Justices, in the Manner herein-after mentioned : Provided always, that nothing berein contained shall be construed to require any such Justice or Justices to hear Evidence on Behalf of any Person, so charged as aforesaid, unless it shall appear to him or them to be meet and conducive to the Ends of Justice to hear the same.
Justices to take down the Eca
and bind Wit
II. And whereas it is expedient to amend and extend the Provisions of Two Acts, the First passed in the First and Second Years of the Reign of King Philip and Queen Mary, intituled An Act appointing an Order to Justices of Peace for the Bailment of Prisoners, and the Second passed in the Second and Third Years of the same Reign, intituled An Act to take Examination of
Prisoners suspected of Manslaughter or Felony; be it therefore enacted, That the Two Justices of the Peace, before they shall admit to Bail, and the Justice or Justices, before be or they shall commit to Prison, any Person arrested for Felony or on Suspicion minution, &c. of Felony, shall take the Examination of such Person, and the
nesses to apInformation
Oath of those who shall know the Facts and Çircumstances of the Case, and shall put the same, or as much thereof as shall be material, into Writing; and the Two Justices shall certify such Bailment in Writing; and every such Justice shall have Authority to bind by Recognizance all such Persons as know or declare any thing material touching any such Felony or Suspicion of Felony, to appear at the next Court of Oyer and Terminer, or Gaol Delivery, or Superior Criminal Court of a County Palatine, or Great Sessions or Sessions of the Peace, at which the Trial thereof is intended to be, then and there to prosecute or give Evidence against the Party accused ; and such Justices and Jus- Examinations, tice respectively shall subscribe all such Examinations, Informa- . fc. to be delitions, Bailments, and Recognizances, and deliver or cause the same to be delivered to the proper Officer of the Court in which the Trial is to be, before or at the Opening of the Court.
vered to the Court.
III. And be it further enacted, That every Justice of the On Charges of Peace before whom any Person shall be taken on a Charge of Misdemeanor. Misdemeanor, or Suspicion thereof, shall take the Examination of the Person charged, and the Information upon Oath of those who shall know the Facts and Circumstances of the Case, and shall put the same, or as much thereof as shall be material, into Writing, before he shall commit to Prison or require Bail from the Person so charged ; and in every Case of Bailment shall certify the Bailment in Writing; and shall have Authority to bind all Persons by Recognizance to appear to prosecute or give Evidence against the Party accused, in like Manuer as in Cases of Felony; and shall subscribe all Examinations, Informations, Bailments, and Recognizances, deliver or cause the same to be delivered to the proper Officer of the Court in which the Trial is to be, before or at the Opening of the Court, in like Manner as in Cases of Felony.
IV. And be it further enacted, That every Coroner, upon any Duty of Co. Inquisition before him taken, whereby any Person shall be indicted for Manslaughter or Murder, or as an Accessory to Murder before the fact, shall put in Writing the Evidence given to the Jury before bim, or as much thereof as shall be material; and shall have Authority to bind by Recognizance all such Persons as know or declare any thing material touching the said Manslaughter or Murder, or the said Offence of being Accessory to Murder, to appear at the next Court of Oyer and Terminer, or Gaol Delivery, or Superior Criminal Court of a County Palative, or Great Sessions, at which the Trial is to be, then
and there to prosecute or give Evidence against the Party charged, and every such Coroner shall certify and subscribe the game Evidence, and all such Recognizances, and also the Inquisition before him taken, and shall deliver the same to the proper Officer of the Court in which the Trial is to be, before or at the Opening of the Court.
Penalty on Jus
V. And be it further enacted, That if any Justice or Coroner tices and Coro
shall offend in any thing contrary to the true Intent and Meaning of these Provisions, the Court to whose Officer any such Exa
mination, Information, Evidence, Bailment, Recognizance, or Inquisition ought to have been delivered, shall, upon Examination and Proof of the Offence in a summary Manner, set such Fine upon every such Justice or Coroner as the Court shall think meet.
VI. And be it further enacted, That all these Provisions relating to Justices and Coroners shall apply to the Justices and Coroners not only of Counties at large, but also of all other Jurisdictions.
VII. And whereas divers Statutes, taking away the Benefit of Clergy, or creating Felonies without Benefit of Clergy, have omitted to take away the Benefit
of Clergy under certain Circumstances consequent upon the Indictment of the Offender: And whereas a partial Remedy for such Defects was supplied by an Act passed in the Third Year of the Reign of King William and Queen Mary, intituled An Act to tuke away Clergy from some Offenders, and to bring other to Punishment, whereby it was enacted, that if any person should be indicted of any Offence for which, by virtue of any former Statute, such Person was excluded from the Benefit of Clergy, if convicted by Verdict or Confession, such Person should not be admitted to the Benefit of Clergy under any of the Circumstances therein enumerated : And whereas it is expedient to extend the like Remedy to all Offences which now are or hereafter shall be
excluded from the Benefit of Clergy: Be it therefore enacted, As to Felonies That if any Person shall be indicted of any Offence for which, by
virtue of this or any other Statute or Statutes made or to be made, nefit of Clergy.' the Offender is or shall be excluded from the Benefit of Clergy, such
Person shall be equally excluded from the Benefit of Clergy, whether he or she shall be convicted by Verdict or by Confession, or shall upon Arraignment stand mute of Malice, or will not answer directly to the Charge, or shall challenge peremptorily above the Number of Twenty Persons returned to be of the Jury, or shall be outlawed upon such Indictment, although the Stalute or Statutes taking away the Benefit of Clergy in any such Case may not expressly provide that the Offender shall be excluded from the Benefit of Clergy in case such Offender shall confess, or stand mute, or not answer directly, or challenge peremptorily above the Number of Twenty Persons returned to be of the Jury, or be outlawed; and every thing herein contained shall extend as well to all Accessories as to Principals.
without * Be.
VIII. And, with regard to clergyable Felonies, be it enacted; Benefit of
That if any Person shall be indicted of any Felony for which the Clergy. Offender is or shall be entitled to the Bevefit of Clergy, and such Person shall on Arraignment confess the Felony, or stand mute
of * Beuefit of Clergy subsequently abolished, by s. 6 of 7 & 8 Geo. 4. c. 28.