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enacts That every man (a), except as hereinafter excepted, between the ages of twenty-one years and sixty years, residing in any county in England, who shall have in his own name or in trust for him, within the same county, 101, by the year above reprizes in lands or tenements, whether of freehold (6), copyhold, or customary tenure, or ancient demesne, or in rents issuing out of any such lands or te ments, or in such lands, tenements, and rents taken together, in fa simple, fee tail, or for the life of himself or some other person, or who shall have within the same county, 201. by the year above reprizes, in lands or tenements, held by lease or leases for the absolute term 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 rate. or assessed to the poor-rate, or to the inhabited house-duty in the county of Middlesex, on a value of not less than 301., or in any other county on a value of not less than 201., or who shall occupy a house containing not less than fifteen windows, shall be qualified and shal 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 Cours both civil and criminal, of the three counties palatine, and in all Courts of assize, Nisi Prius, oyer and terminer, and gaol delivery, such ista being respectively triable in the county in which every man so qualified respectively shall reside, and shall also be qualified and liable to serre on grand juries in Courts of sessions of the peace, and on petty juries fe? 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 qualife respectively shall reside; and that every man (except as hereinafte: excepted) being between the aforesaid ages, residing in any county ! Wales (c), and being there qualified to the extent of three-fifths of any 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 man so qualifel * last aforesaid respectively shall reside.
By sect. 2, “ All peers, all judges of the King's Courts of recordat Westminster and of the Courts of great session in Wales (c); all chere gymen in holy orders; all priests of the Roman Catholic faith who shall have duly taken and subscribed the oaths and declarations requr by law; all persons who shall teach or preach in any congregation or Protestant Dissenters, whose place of meeting is duly registered, 01 who shall follow no secular occupation except that of a schoolmati, producing a certificate of some justice of the peace of their having take The oaths, and subscribed the declaration required by law; all serjesnis and barristers at law actually practising ; all members of the Society 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 have 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
Exemptions from serving.
(a) The jury ought to be men; yet cided before the passing of this act, there shall be a jury of women, to try if was decided, that grand jurors need not a woman be enceinte, upon the writ de necessarily be freeholders. inspiciendo. (Tri. per Pais, 86). See (c) The Welch judicature, &c.,. R. v. Wycherley, 8 Car. & P. 262. now abolished by the 1 Will. IV. c. illy
(0) In R. v. Anon., R. & R. 177, de. (See tit. “Wales," Vol. VI.)
Surgeons in London, Edinburgh, or Dublin, and actually practising; all 1. Grand apothecaries certificated by the Court of examiners of the Apothecaries' jurors, fc. 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 (a); all sheriffs' 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 hereinafter mentioned: Pro- Prescriptive ex- vided also, that all persons exempt from serving upon juries in any of emptions.
the courts aforesaid, by virtue of any prescription, charter, grant, or writ, shall continue to have and enjoy such exemption in as ample a manner as before the passing of this act, and shall not be inserted in the lists hereinafter mentioned” (b).
Sect. 3. “No man, not being a natural-born subject of the King, is or Aliens (c). shall be qualified to serve on juries or inquests, except only in the cases hereinafter expressly provided for; and no man who hath been or shall be attainted of any treason or felony, or convicted of any crime that is Convicts, or out. infamous, unless he shall have obtained a free pardon, nor any man
laws, &c., disquawho is under outlawry or excommunication, is or shall be qualified to serve on juries or inquests in any Court, or on any occasion whatsoever.”
Sect. 48. “No justice of the peace shall be summoned or impanneled Justices of peace. as a juror, to serve at any sessions of the peace for the jurisdiction of which he is a justice.”
Sect. 49. “The inhabitants of the city and liberty of Westminster Inhabitants of shall be, and are hereby exempted from serving on any jury at the ses
sessions. sions of the peace for the county of Middlesex.”
Sect. 50. “ The qualification hereinbefore required for jurors, and the Qualification of regulations for procuring lists of persons liable to serve on juries, shall jurors in liberties, not extend to the jurors or juries in any liberties, franchises, cities, bo- roughs, to remain roughs, or towns corporate, not being counties, or in any cities, boroughs,
as before. or towns, being counties of themselves, which shall respectively possess any jurisdiction, civil or criminal; but that, in all such places, the sheriffs, bailiffs, or other ministers, having the return of juries, shall prepare their panels in the manner heretofore accustomed : Provided always, that no man shall be im panneled or returned by the sheriffs of the London. city of London, as a juror to try any issue joined in his Majesty's Court*
Sic. 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, counting-house, 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 1001.; 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
(a) Persons in the Post Office have 5 & 6 Will. IV. c. 76, s. 123, post, 942. been held to be exempt. (Ex parte At (c) See the 47th sect. post, 947. kinson, 10 Bing. 399; 4 M. & Scott, (Alienage is only a ground for a chala 160, 8. C.)
lenge. See R. v. Sutton, 8 B. & C. 417; (b) This proviso, so far as it relates 8. C. nom. R. v. Despard, 2 Man. & to jurors in boroughs, is repealed by the Ry, 406).
1. Grand jurors, 8c. Persons, unless qualified to serve as jurors in civil causes, not to be returned to serve on trials for capital offences.
such shop, warehouse, counting-house, chambers, or office, as aforesaid, shall, for the purposes of this act, be respectively deemed and taken u be the place of abode of every occupier thereof : Provided also, that's man shall be impanneled or returned to serve on any jury for the trial : any capital offence in any county, city, or place, who shall not be qulified to serve as a juror, in civil causes, within the same county, city, a place; and the same matter and cause being alleged by way of challenge and so found, shall be admitted and taken as a principal challenge ; a. the person so challenged shall and may be examined, on oath, oft
truth of the said matter." In boroughs. 5 & 6 Will. IV. c. 76, s. 121, enacts that every person, being a bura
of any borough, wherein there shall be a separate Court of sessions of t-
By s. 122, every member of the council for the time being of every hou rough, and every justice assigned to keep the peace therein, and thus surer and town clerk for the time being of every borough, are exeate disqualified from serving on any jury summoned within such hier or in the county wherein such borough is situate; and all burniej si every borough in and for which a separate Court of sessions of te petite shall be holden, are exempt from serving on any jury summoned the trial of issues joined in any Court of general or quarter sessives it the peace in the county wherein such borough is situate.
And by sect. 123, no person in any borough is to be exempt free foughis abolished. ing on juries in any of the King's superior Courts of record at Westen
ster, or in the superior Courts, civil or criminal, of the counties pastize Lancaster and Durham, or in any Court of assize, Nisi Prius ope and terminer, gaol delivery, or sessions of the peace, or in any other at the King's Courts, by virtue of any writ, grant, charter, prescriptae, * otherwise, and repeals so much of the 6 Geo. IV. e. 50, s. 2, which en
empted such persons. Police magistrates By stat. 2 & 3 Vict. c. 71, s. 4, the magistrates of the Metropaka and clerks of, &c. police Courts, their clerks, ushers, door-keepers, and messengers
empt and disqualified from being returned, and from serving or at
, for ans, Separatists. could not be sworn. (R. v. Chemens, R. 5 M. 374). But now
may serve, for they may take an affirmation instead of an oath. ($d
. (881 Will. IV. c. 82).
The exemption from serving as jurymen claimed by the members bers' Company the Barbers’ Company, under the
charters of the 1 Ed. IV. & 5 Cu! and the stat. 18 Geo. II. c. 15, does not extend to the Central Crimin Court, but is confined to the local Courts of the city of London, 12 those holden before the mayor, the sheriff, or the coroner. (Ro lidi 1 C. & M. 189).
To prevent too much burthen being cast on persons by their freque' attendance on grand juries, the 6 Geo. IV. c. 50, s. 42, enacts, that a man shall be returned to serve on any grand jury, at any sessions of rə peace in England or Wales, who has served as a juror on any such a sions, within one year before, in Wales, or in the counties of Herekt" Cambridge, Huntingdon, or Rutland, or two years before in any oth
Members of Bar
Jurors not compelled to attend twice, &c.
county, and has a certificate of the clerk of the peace of having so served; 1. Grand and a fine is to be imposed on the officer making a return of such per- jurors, fc. son; but the provision does not extend to grand jurors at the assizes or great sessions.
No person shall be summoned but those named in the warrant, under Persons not named a fine, to be imposed on the officer summoning. (6 Geo. IV. c. 50, s. 43, in warrant, &c. post, 961).
It is said to be the practice at sessions, not to summon those who are on the sheriff's list to serve at the assizes. These exceptions are cases not of disqualification, but of privilege; and, therefore, any of the parties returned may lawfully serve without objection, if they take the oath required, and possess all other qualifications of grand jurymen.
If duly summoned, persons must attend and claim their privilege, for the sheriff cannot return it. (2 Inst. 448; Tri. per Pais, 87).
Mode of compelling Attendance of. 7-The mode of compelling the at- Compelling at
tendance of tendance of grand jurors is, in most respects, similar to the mode of te compelling the attendance of petit jurors. As to which, see post, 953 et seq.
Mode of swearing, &c.]—The grand jury are sworn diligently to in- Mode of swearing, quire, and true presentment make, of all such matters and things as &e. shall be given them in charge; to keep secret the Queen's counsel, their fellows', and their own; to present no one for envy, hatred, or malice, nor to leave any one unpresented for fear, favour, or affection, or hope of reward; but to present all things truly as they come to their knowJedge, according to the best of their understanding.
As to the charging the Grand Jury at the Sessions, see tit. “Sessions," Vol. V.; 1 Chit. C. L. 312, 313; at the Assizes, tit. “ Assizes," Vol. I.; 1 Chit. C. L. 313.
Time of Service.]-The grand jury usually serve the whole of the ses- Time of service. sions or assizes. (2 Hale, 156). But the Court may, in their discretion, command another grand jury to be returned and sworn; when this is done, it is usually where, before the end of the sessions or assizes, the grand jury, having brought in all their bills, are discharged by the Court, and, after that discharge, some new offence is committed, and the party taken and brought into gaol. (2 Hale, 156; 1 Chit. C. L. 314). See the 42nd section of 6 Geo. IV. suprà.
Preferring Bills &c. before. -As to the mode of preferring bills of in- Preferring bill dictment before the grand jury, and the evidence, &c., and finding of before. the grand jury, see tit. “ Indictment,” ante, 901.
The grand jury cannot regularly inquire of any fact done out of the county for which they are sworn, unless expressly empowered so to do by statute.
Where the grand jury have found a bill, the judge before whom the case comes to be tried ought not to inquire whether the witnesses were properly sworn previously to their going before the jury; and, it seems, that an improper mode of swearing them will not vitiate the indictment, as the grand jury are at liberty to find a bill upon their own knowledge only. (R. v. Russell, 1 C. & M. 247. See R. v. Dickenson, R. &; R.
If the grand jury at the assizes or sessions have ignored a bill, they cannot find another bill against the same person for the same offence at the same assizes or session; and if such other bill be sent before them they should take no notice of it. (Reg. v. Humphreys, 1 Car. & M.
The grand jury returned a bill of indictment which contained ten counts, for forging and uttering the acceptance of a bill of exchange, with an indorsement, “A true bill on both counts," and the prisoner
pleaded to the whole ten counts. After the case for the prosecution had concluded, the prisoner's counsel pointed this out. The grand jury were discharged, and the judge wonld not allow one of the grand jurus to be called as a witness to explain their finding. (Reg. v. Cooke, 8 Cor & P. 582).
The Court of Queen's Bench will not receive an affidavit of a grand | juror as to what passed in the grand jury room, upon the subject of a bill of indictment. (R. v. Marsh, 6 A. & EL. 236; 1 N. & P. 187. S. C.)
II. Petit Jurors. The petit jury for the trial of issues consists of men of equal conditiza with the party indicted. Their general duty is to hear the evidence for and against the party indicted, to attend to the summing up of that eridence by the judge, with his comments upon it, and to give their ver dict according to the evidence. (3 Inst. 30, 221). By the 6 Geo. IV. c. 50, s. 13, the jury are to come from the body of the county, and na from any particular hundred.
The petit jury, when sworn, must consist of the number of twelne precisely. (2 Hale, 161; R. v. Inhabitants of St. Michael, 8c., South ampton, 2 Bl. Rep. 719). And they must all assent to the verdict. (16.)
The qualifications of petit jurors, and the exemptions from serving the office, are pointed out by the statute 6 Geo. IV. c. 50. They have been already noticed, ante, 939, 940, while treating of grand jurors.
When the jury is completed, they are sworn separately, in criminal cases, as follows: “ You shall well and truly try, and true deliverance make, between our sovereign lord the King and the prisoner at the her, whom you shall have in charge, and a true verdict give, according the evidence. So help you God.”
III. Special Jurors. Special juries are usually had when the matters to be tried are of too great a nicety for common jurors.
A special jury is allowed to either party, except in treason or fday. On a motion for a special jury, in the case of R. v. Macartney, for murder of the Duke of Hamilton, (T., 2 Geo. I., 21 Vin. Abr. PIR was holden by Parker, C. J., that there cannot be a special jury in cases of treason or felony ; for the party must have the advantage o challenging twenty in case of felony, and thirty-five in case of high tres son, without cause shewn. In cases of special juries, there are forty, eight brought before the Master, and he takes twenty-four; so then cannot be a rule for a good jury, nor for a special jury, in this case of trial at bar; for the jury will be the same with or without such a rule, for they are all good juries in Middlesex, and so in all cases of jurors at the bar; and if there should be a special jury, it would take away the advantage the party has of challenging peremptorily, although not of shewing cause. So no rule was made in this case, lest the sheriff, in all other cases, when there is no such rule, should not return a good jury.
The following are the enactments of the 6 Geo. IV. c. 50, as to special
Court may order special juries to be struck before the proper oficer.
Sect. 30. “It is and shall be lawful for his Majesty's Courts of King's Bench, Common Pleas, and Exchequer, at Westminster, se spectively, and for the judges of the said Courts of the three counties