3. Special juries. What. Number. Qualifications. Oath of. Special juries. Court may order 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 would not allow one of the grand jurors to be called as a witness to explain their finding. (Reg. v. Cooke, 8 Car & 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 Ad. & El. 236; 1 N. & P. 187, S. C.) II. Petit Jurors. The petit jury for the trial of issues consists of men of equal condition 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 er dence 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 not from any particular hundred. The petit jury, when sworn, must consist of the number of twelve precisely. (2 Hale, 161; R. v. Inhabitants of St. Michael, &c., Southampton, 2 Bl. Rep. 719). And they must all assent to the verdict. (Ib.) 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 bar whom you shall have in charge, and a true verdict give, according to the evidence. So help you God." III. Special Jurors. Special juries are usually had when the matters to be tried are of great a nicety for common jurors. A special jury is allowed to either party, except in treason or felony. On a motion for a special jury, in the case of R. v. Macartney, for the murder of the Duke of Hamilton, (T., 2 Geo. I., 21 Vin. Abr. 301), it 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 challenging twenty in case of felony, and thirty-five in case of high tresson, without cause shewn. In cases of special juries, there are fortyeight brought before the Master, and he takes twenty-four; so the 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 jurors. Sect. 30. "It is and shall be lawful for his Majesty's Courts of King's Bench, Common Pleas, and Exchequer, at Westminster, re spectively, and for the judges of the said Courts of the three counties palatine, and of the Courts of great sessions in Wales (a), upon motion made on behalf of the King, or upon the motion of any prosecutor, relator, 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 (b).” 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. s 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 he sheriffs of London, or their secondary, shall, within ten days after le delivery of the jurors' book for the current year to either of them, ike 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, nd 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 rors' book, which list shall be called the special jurors' list,' and shall efix to every name in such list its proper number, beginning the numrs from the first name, and continuing them in a regular arithmetical ies down to the last name, and shall cause the said several numbers be written upon distinct pieces of parchment or card, being all as rly as may be of equal size, and after all the said numbers shall have n 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 hereiner mentioned." It 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. 339). After a special jury had been sworn on the trial of an indictment for isdemeanour, it was discovered that one of them had sat on the nd 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 red 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.) ect. 32. "Whenever any of the Courts or judges above mentioned The 1 Will. IV. c. 70, abolishes the Welch judicature. (See "Wales," Vol. VI.) L. III. Officer of Court is to appoint the time and place for nominating the special jury. Under-sheriff, or his agent, to atwith the special jurors' list, and all tend the officer the numbers. 3. Special juries. What. Number. Qualifications. Oath of. Special juries. Court may order pleaded to the whole ten counts. After the case for the prosecution hal concluded, the prisoner's counsel pointed this out. The grand jur were discharged, and the judge would not allow one of the grand jurses to be called as a witness to explain their finding. (Reg. v. Cooke, & Car & P. 582). The Court of Queen's Bench will not receive an affidavit of a gran juror as to what passed in the grand jury room, upon the subject of i bill of indictment. (R. v. Marsh, 6 Ad. & El. 236; 1 N. & P.1. S. C.) II. Petit Jurors. The petit jury for the trial of issues consists of men of equal conditi 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 eridence by the judge, with his comments upon it, and to give their re 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 s from any particular hundred. The petit jury, when sworn, must consist of the number of twe precisely. (2 Hale, 161; R. v. Inhabitants of St. Michael, &c., Sh ampton, 2 Bl. Rep. 719). And they must all assent to the verdic (Ib.) 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 jus When the jury is completed, they are sworn separately, in criminal cases, as follows: "You shall well and truly try, and true delivere make, between our sovereign lord the King and the prisoner at the bar, whom you shall have in charge, and a true verdict give, according to 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. so there A special jury is allowed to either party, except in treason or felony. On a motion for a special jury, in the case of R. v. Macartney, e murder of the Duke of Hamilton, (T., 2 Geo. I., 21 Vin. Abr. 901) was holden by Parker, C. J., that there cannot be a special jy cases of treason or felony; for the party must have the advantage f challenging twenty in case of felony, and thirty-five in case of high son, without cause shewn. In cases of special juries, there are faty eight brought before the Master, and he takes twenty-four; cannot be a rule for a good jury, nor for a special jury, in this as trial at bar; for the jury will be the same with or without such a r for they are all good juries in Middlesex, and so in all cases of jurors the bar; and if there should be a special jury, it would take away the advantage the party has of challenging peremptorily, althoug 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 specia jurors. Sect. 30. "It is and shall be lawful for his Majesty's Courts King's Bench, Common Pleas, and Exchequer, at Westminster, spectively, and for the judges of the said Courts of the three counti palatine, and of the Courts of great sessions in Wales (a), upon motion made on behalf of the King, or upon the motion of any prosecutor, relator, 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 (b).?' 3. Special juries. 6 Geo. IV. c. 50. 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 to 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, and shall there safely keep the same to be used for the purpose herein after mentioned." It seems that a grand juror, who found the bill, ought not to be on Grand juror. the special jury. (R. v. Edmonds, 4 B. & Ald. 471; Cook's case, 13 St. Tr. 339). After a special jury had been sworn on the trial of an indictment for a misdemeanour, it was discovered that one of them had sat on the grand jury who found the bill. It was proposed that he should leave the box, but the defendants objected to this course: the trial proceeded, and they were found guilty. Under these circumstances, the Court refused to grant a rule for a new trial on the ground of mistrial. (Reg. V. Sullivan, 1 Per. & D. 96; 8 Ad. & Ell. 831, S. C.) Sect. 32. "Whenever any of the Courts or judges above mentioned shall order a special jury to be struck before the proper officer of such Court, such officer shall appoint a time and place for the nomination of such special jury; and a copy of the rule of Court, and of such officer's appointment, shall be served on the under-sheriff of the county in England or Wales in which the trial is to be had, or on the secondary of the city of London, if the trial is to be had there, and also on all the parties who have usually been served with the same respectively, in the accustomed manner; and the said officer, at the time and place appointed, being attended by such under-sheriff or secondary, or his agent, who are hereby respectively required to bring with them the jurors' book and such special jurors' list, and all the numbers so written on distinct pieces of parchment or card as aforesaid, shall, in the presence of all the (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. VOL. III. PPP Officer of Court is to appoint the nominating the special jury. time and place for Under-sheriff, or his agent, to atwith the special jurors' list, and all tend the officer the numbers. 3. Special juries. Officer to put all the numbers in a box, and to draw and to check them with the numbers out forty-eight, and names in the list; parties in any of the cases aforesaid, and of their attornies, (if they re spectively choose to attend, or if the said parties or their attornies, al or any of them, do not attend, then in their absence), put all the s numbers into a box, to be by him provided for that purpose, and, after having shaken them together, shall draw out of the said box forty-eig of the said numbers, one after another, and shall, as each number s drawn, refer to the corresponding number in the special jurors' list, ar read aloud the name designated by such number; and if, at the time so reading any name, either party, or his attorney, shall object that man whose name shall have been so referred to is in any manner in pacitated from serving on the said jury, and shall also then and the prove the same to the satisfaction of the said officer, such name shal » set aside, and the said officer shall, instead thereof, draw out of the s box another number, and shall, in like manner, refer to the corresp ing number in the said list, and read aloud the name designated then 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 in the places of those set aside, until the whole number of fortynames 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 caste be obtained from the special jurors' list, in such case the said r shall fairly and indifferently take, according to the mode of nomina heretofore pursued in nominating special juries, such a number of from the general jurors' book, in addition to those already taken the special jurors' list, as shall be required to make up the full of forty-eight names, all and every of which forty-eight names a such case, be equally deemed and taken to be those of specia and the said officer shall afterwards make out for each party a ist forty-eight names, together with their respective places of ahea additions, and, after having made out such list, shall return reduced as hereto numbers so drawn out, together with all the numbers remain drawn, to such under-sheriff or secondary, or his agent, to be by s under-sheriff or secondary safely and securely kept for future use: all the subsequent proceedings for reducing the said list, and all g matters whatsoever relating to special juries, shall remain and etia in force as heretofore, except where the same, or any part the iss pressly altered by this act; and all the fees heretofore parale striking of special juries shall continue to be paid in the manner." and to deliver a list of the fortyeight names to each party, to be fore. Costs of special jury. Fees to special Jurors. Sect. 34. "The person or party who shall apply for a speci shall pay the fees for striking such jury, and all the expenses by the trial of the cause by the same, and shall not have any other allowance for the same, upon taxation of costs, than spermat or party would be entitled unto, in case the cause had been rel common jury; unless the judge before whom the cause is immediately after the verdict, certify, under his hand, upon the of the record, that the same was a cause proper to be tried by cial jury." It has been held in one case that the certificate for the costs ma applied for at the trial, and not after. (Waggett v. Shaw, 3 Comp.21 But, according to more recent decisions, it would seem he migh tify in a reasonable time afterwards. (See Christie v. Richarda Jurist, 1069; Page v. Pearce, 8 M. & W. 177; Gillett v. Green " & W. 347). Under the 5 & 6 Will. IV. c. 50, s. 98, the Court, before whom sc dictment for the non-repair of a highway is tried, may certify fer costs of a special jury. (Reg. v. Pembridge, 12 Law J., N. 3.. Q. B.) Sect. 35. "No juror who shall serve upon any special jury, she allowed, or take, for serving on any such jury, more than such s |