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palatine, and of the Courts of great sessions in Wales (a), upon motion 3. Special made on behalf of the King, or upon the motion of any prosecutor, re- juries. lator, plaintiff, or demandant, or of any defendant or tenant in any case whatsoever, whether civil or criminal, or on any penal statute, excepting only indictments for treason or felony, depending in any of the said Courts, and the said Courts and judges respectively are hereby authorized, in any of the cases before mentioned, to order and appoint a special jury to be struck before the proper officer of each respective Court, for the trial of any issue joined in any of the said cases, and triable by a jury, in such manner as the said Courts respectively have usually ordered the same ; and every jury so struck shall be the jury returned for the trial of such issue (6).'

Sect. 31. “Every man who shall be described in the jurors' book for Qualifications of any county in England or Wales, or for the county of the city of London, special jurors. as an esquire or person of higher degree, or as a banker or merchant, shall be qualified and liable to serve on special juries in every such county in England and Wales, and in London respectively; and the sheriff of every county in England and Wales, or his under-sheriff, and the sheriffs of London, or their secondary, shall, within ten days after the delivery of the jurors' book for the current year to either of them, take from such book the names of all men who shall be described therein as esquires, or persons of higher degree, or as bankers or merchants, and shall respectively cause the names of all such men to be fairly and truly copied out in alphabetical order, together with their respective places of abode and additions, in a separate list to be subjoined to the jurors' book, which list shall be called the special jurors' list,' and shall prefix to every name in such list its proper number, beginning the numbers from the first name, and continuing them in a regular arithmetical series down to the last name, and shall cause the said several numbers co be written upon distinct pieces of parchment or card, being all as nearly as may be of equal size, and after all the said numbers shall have been so written, shall put the same together in a separate drawer or box, und shall there safely keep the same to be used for the purpose hereinfter mentioned.”

It seems that a grand juror, who found the bill, ought not to be on Grand juror. ne special jury. (R. v. Edmonds, 4 B. & Ald. 471; Cook's case, 13 St. *r. 339).

After a special jury had been sworn on the trial of an indictment for misdemeanour, it was discovered that one of them had sat on the rand jury who found the bill. It was proposed that he should leave ne box, but the defendants objected to this course : the trial proceeded, nd they were found guilty. Under these circumstances, the Court resed to grant a rule for a new trial on the ground of mistrial. (Reg. Sullivan, 1 Per. & D. 96; 8 Ad. & Ell, 831, S. C.) Sect. 32. “ Whenever any of the Courts or judges above mentioned officer of Court is all order a special jury to be struck before the proper officer of such

to appoint the

time and place for ourt, such officer shall appoint a time and place for the nomination of nominating the ch special jury ; and a copy of the rule of Court, and of such officer's special jury. pointment, shall be served on the under-sheriff of the county in Engnd or Wales in which the trial is to be had, or on the secondary of the sy of London, if the trial is to be had there, and also on all the parties ho have usually been served with the same respectively, in the accusmed manner; and the said officer, at the time and place appointed, Eng attended by such under-sheriff or secondary, or his agent, who are Under-sheriff, or reby respectively required to bring with them the jurors' book and his agent, do at

tend the officer ch special jurors' list, and all the numbers so written on distinct with the special eces of parchment or card as aforesaid, shall, in the presence of all the jurors' list, and all

the numbers, a) The 1 Will. IV.c. 70, abolishes the Welch judicature. (See“Wales," Vol.VI.) 6) In the case of a new trial, there is always a fresh jury struck, L, III.

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3. Special pleaded to the whole ten counts. After the case for the prosecution hal juries. concluded, the prisoner's counsel pointed this out. The grand jury

were discharged, and the judge would not allow one of the grand jurts to be called as a witness to explain their finding. (Reg. v. Cooke, 8 (e. & P. 582).

The Court of Queen's Bench will not receive an affidavit of a grze juror as to what passed in the grand jury room, upon the subject of: bill of indictment. (R. v. Marsh, 6 Ad. & El. 236; 1 N. & P. 16. S.C.)

What.

Number.

II. Petit Jurors. The petit jury for the trial of issues consists of men of equal condita with the party indicted. Their general duty is to hear the evidence is and against the party indicted, to attend to the summing up of that midence by the judge, with his comments upon it, and to give their te* dict according to the evidence. (3 Inst. 30, 221). By the 6 Gen. It c. 50, s. 13, the jury are to come from the body of the county, and from any particular hundred.

The petit jury, when sworn, must consist of the number of teele precisely. (2 Hale, 161; R. v. Inhabitants of St. Michael

, St, Se ampton, 2 Bl. Rep. 719). And they must áll assent to the verdic (IB.)

The qualifications of petit jurors, and the exemptions from emin 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 junts

When the jury is completed, they are sworn separately, in eisia cases, as follows: “ You shall well and truly try, and true deliverance make, between our sovereign lord the King and the

prisoner at the lies, whom you shall have in charge, and a true verdict give, according t: the evidence. So help you God.”

Qualifications.

Oath of.

Special juries.

III. Special Jurors. Special juries are usually had when the matters to be tried and to great a nicety for common jurors.

A special jury is allowed to either party, except in treason er fakti On a motion for a special jury, in the case of R. v.

Macartney

, fir murder of the Duke of Hamilton, (T., 2 Geo. I.

, 21 Vin. Abw

. Nii was holden by Parker, C. J., that there cannot be a special jy in cases of treason or felony; for the party must have the adress * challenging twenty in case of felony, and thirty-five in case of high 1 son, without cause shewn. In cases of special juries, there are hurt eight brought before the Master, and he

takes twenty-four; so these cannot be a rule for a good jury, nor for a special jury, in this ex trial at bar; for the jury will be the same with or without such a full for they are all good juries in Middlesex, and so in all cases of jura de the bar; and if there should be a special jury, it would take sur the advantage the party has of challenging peremptorily, althout 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 retur a good jury.

The following are the enactments of the 6 Geo. IV. c.50, as to special jurors.

Sect. 30. “It is and shall be lawful for his Majesty's Court King's Bench, Common Pleas, and Exchequer, at Westminster, spectively, and for the judges of the said Courts of the three count:

Court may order
special juries to
be struck before
the proper officer.

6 Geo. IV. c. 50.

palatine

, and of the Courts of great sessions in Wales (a), upon motion 3. Special made on behalf of the King, or upon the motion of any prosecutor, re juries. lator

, plaintiff, or demandant, or of any defendant or tenant in any case whatsoever, whether civil or criminal, or on any penal statute, excepting only indictments for treason or felony, depending in any of the said Courts, and the said Courts and judges respectively are hereby authorized, in any of the cases before mentioned, to order and appoint a special jury to be struck before the proper officer of each respective Court, for the trial of any issue joined in any of the said cases, and triable by a jury, in such manner as the said Courts respectively have usually ordered the same; and every jury so struck shall be the jury returned for the trial of such issue (6).”

Sect. 31. “Every man who shall be described in the jurors' book for Qualifications of any county in England or Wales, or for the county of the city of London, special jurors. is an esquire or person of higher degree, or as a banker or merchant, hall be qualified and liable to serve on special juries in every such ounty in England and Wales, and in London respectively; and the heriff of every county in England and Wales, or his under-sheriff

, and te sheriffs of London, or their secondary, shall, within ten days after he delivery of the jurors' book for the current year to either of them, Ake from such book the names of all men who shall be described there1 as esquires, or persons of higher degree, or as bankers or merchants, od shall respectively cause the names of all such men to be fairly and uly

copied out in alphabetical order, together with their respective aces of abode and additions, in a separate list to be subjoined to the fors

' book, which list shall be called the special jurors' list,' and shall efix to every name in such list its proper number, beginning the numes from the first name, and continuing them in a regular arithmetical jes down to the last name, and shall cause the said several numbers

be written upon distinct pieces of parchment or card, being all as 7 wly as may be of equal size, and after all the said numbers shall

have 2.so written, shall put the same together in a separate drawer or box, I shall there safely keep the same to be used for the purpose herein

mentioned.” 7 seems that

a grand juror, who found the bill, ought not to be on Grand juror. special jury. (R. v. Edmonds, 4 B. & Ald. 471 ; Cook's case, 13 St. efter a special jury had been sworn on the trial of an indictment for sisdemeanour, it was discovered that one of them had sat on the ad jury who found the bill. It was proposed that he should leave box, but the defendants objected to this course : the trial proceeded, they were found guilty. Under these circumstances, the Court reI to grant a rule for a new trial on the ground of mistrial. (Reg. fullivan, 1 Per. & D. 96; 8 Ad. 8. Ell. 831, S. C.) ect. 32. “Whenever any of the Courts or judges above mentioned officer of Court is order a special jury to be struck before the proper officer of such to appoint the rt, such officer shall appoint a time and place for the nomination of nominating the 1. special jury ; and a copy of the rule of Court, and of such officer's special jury. ointment, shall be served on the under-sheriff of the county in Englor Wales in which the trial is to be had, or on the secondary of the of London, if the trial is to be had there, and also on all the parties ) have usually been served with the same respectively, in the accusted manner; and the said officer, at the time and place appointed, ig attended by such under-sheriff or secondary, or his agent, who are Under-sheriff, or eby respectively required to bring with them the jurors' book and his agent, tocat h special jurors list, and all the numbers so written on distinct with the special ces of parchment or card as aforesaid, shall, in the presence of all the jurors' list, and all

The I Will. IV. c. 70, abolishes the Welch judicature. (See"Wales," Vol.VI.) 3. In the case of a new trial, there is always a fresh jury struck. E. III,

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339).

list;

3. Special parties in any of the cases aforesaid, and of their attornies, (if they re juries, spectively choose to attend, or if the said parties or their attornies, ai

or any of them, do not attend, then in their absence), put all the said Officer to put all the numbers in a numbers into a box, to be by him provided for that purpose, and, afte box, and to draw having shaken them together, shall draw out of the said box forty-eigh and to check them of the said numbers, one after another, and shall, as each number i with the numbers drawn, refer to the corresponding number in the special jurors' list, ut and names in the

read aloud the name designated by such number, and if, at the timed so reading any name, either party, or his attorney, shall object that the man whose name shall have been so referred to is in any manner inn pacitated from serving on the said jury, and shall also then and then prove the same to the satisfaction of the said officer, such name shall be set aside, and the said officer shall, instead thereof, draw out of the su box another number, and shall, in like manner, refer to the corresponding number in the said list, and read aloud the name designated theredo which name may be, in like manner, set aside, and other numbers names shall, in every such case, be resorted to, according to the mode # proceeding hereinbefore described, for the purpose of supplying the in the places of those set aside, until the whole number of fortykke names not liable to be set aside shall be completed ; and if, in any cas. it shall so happen that the whole number of forty-eight names cseni be obtained from the special jurors' list, in such case the said of shall fairly and indifferently take, according to the mode of nominata heretofore pursued in nominating special juries, such a number of 1* from the general jurors' book, in addition to those already taken Tan the special jurors' list, as shall be required to make up the ful pure of forty-eight names, all and every of which forty-eight names skal, a

such case, be equally deemed and taken to be those of special jeruh and to deliver a and the said officer shall afterwards make out for each party a lisa list of the forty

forty-eight names, together with their respective places of abode ss eight Dames to each party, to be additions, and, after having made out such list, shall return a

numbers so drawn out, together with all the numbers remainis drawn, to such under-sheriff or secondary, or his agent, to be bi se under-sheriff or secondary safely and securely kept for future as a all the subsequent proceedings for reducing the said list, and alles matters whatsoever relating to special juries, shall remain and to in force as heretofore, except where the same, or any part there pressly altered by this act; and all the fees heretofore payable con lo striking of special juries shall continue to be paid in the sateko manner."

Sect. 34. “ The person or party who shall apply for a special yo shall pay the fees for striking such jury, and all the expenses ocas by the trial of the cause by the same, and shall not have any further other allowance for the same, upon taxation of costs, than such as or party would be entitled unto, in case the cause had been trial. common jury ; unless the judge before whom the cause is tried a immediately after the verdict, certify, under his hand, upon the bad of the record, that the same was a cause proper to be tried by se cis! inrr."

Ii iss been held in one case that the certificate for the costs mes rhed for at the trial, and not after. ('agoat r. Shar, 3 Camp. 314 Resonding to more recent decisions, it would seem he might set

in s resonable time afterwards. (See Christie v. Richarisn.

10 ; Pave r. Pearre, 8 N. & FÈ. 177; Gillett 5. Green, 1!

duced as hereto

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See 3 -Se jant who shall xrve upon any special jury, shall

se xrving on any such jury, more than such som

money, as the judge who tries the issue shall think just and reasonable, 4. Juries and which shall not exceed the sum of 17. 1s., except in causes wherein on trials of view is directed, and shall have been had by such juror."

aliens, &c. In 7. 8 Will. III., (1 Salk. 405), a rule was made, that when the naster is to strike a jury, viz. forty-eight out of the freeholders' book, le shall give notice to the attornies on both sides to be present; and if he one comes and the other does not, he that appears shall, according o the ancient course, strike out twelve, and the master shall strike out ther twelve for him that is absent.

But if, by rule of Court, the master is ordered to strike a jury, in case I be not expressed in such rule that the master shall strike forty-eight, ind each of the parties shall strike out twelve, the master is to strike wenty-four, and the parties have no liberty to strike out any. (Anon., Salk. 405; M. 8 Will. III.) In striking a special jury, the coroner is not bound to take the jurors Striking the spethey occur upon the sheriff's book, but is to make a selection : and cial jury. here he had made such selection impartially, the Court refused to incel the list of persons so selected. (Rex v. Wooler, 1 B. & Ald. 193). If, after a special jury has been struck, the trial goes off for want of rors, no new jury can be struck, but the issue must be ultimately tried y the jury who were first appointed, or as many of them as may apear, with the addition of talesmen ; (R. v. Perry, 5 T. R. 453); no ew venire issues, but an alias distringas, and upon that the continuance entered. (R. v. Perry, 5 T. R. 457). Where, upon the trial of an information for a libel, only ten special rymen appeared, and two talesmen were sworn on the jury, it was Id no ground for a new trial that the two of the non-attending special ymen named in the panel had not been summoned, though this fact s not known to the defendant until after he had been tried. (R. v. mt, 4 B. & Ald. 430). If a rule be made for a special jury, and the parties proceed to trial ore a common jury, the verdict cannot afterwards be impeached, for defendant must either make challenge to the array, or let judgment by default. (R. v. Perry, 5 T. R. 456). Where a defendant has been indicted for a libel by a certain associa1, but has not pleaded to the indictment, and under these circumices applies for a rule calling on the solicitors for the association to rish him with a list of the persons so associated, in order to set them le at the reduction of the special jury list, the Court will refuse the ion as premature. (Reg. v. Richardson, 4 Jur. 319). he Court will not compel the prosecutors to give a list of their names he defendant previous to striking a special jury, but will give such ctions, by consent of the prosecutors, as shall prevent prejudice acng to the defendant in consequence of such list not being furnished. 9. v. Nicholson, 8 C. & P. 422). y 6 Geo. IV. c. 50, s. 36, the mode of striking special jurors in any ity of city or town, except in London, is to remain as before.

IV. Juries on Trials of Aliens, &r. liens and denizens are entitled to demand a jury de medietate Juries de medie

tate.

the 6 Geo. IV. c. 50, s. 47, “Nothing herein contained shall ex, or be construed to extend, to deprive any alien indicted or imhed of any felony or misdemeanour, of the right of being tried by y de medietate linguæ, but that, on the prayer of every alien so ted or impeached, the sheriff or other proper minister shall, by nand of the Court, return for one-half of the jury a competent ber of aliens, if so many there be in the town or place where the is had, and, if not, then so many aliens as shall be found in the

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