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

In 7.8 Will. III., (1 Salk. 405), a rule was made, that when the master is to strike a jury, viz. forty-eight out of the freeholders' book, he shall give notice to the attornies on both sides to be present; and if the 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 other twelve for him that is absent.

But if, by rule of Court, the master is ordered to strike a jury, in case t be not expressed in such rule that the master shall strike forty-eight, and 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.)

4. Juries

on trials of aliens, &c.

cial jury.

In striking a special jury, the coroner is not bound to take the jurors Striking the spes they occur upon the sheriff's book, but is to make a selection: and here he had made such selection impartially, the Court refused to ancel 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 3 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 eld no ground for a new trial that the two of the non-attending special rymen named in the panel had not been summoned, though this fact as not known to the defendant until after he had been tried. (R. v. unt, 4 B. & Ald. 430).

If a rule be made for a special jury, and the parties proceed to trial fore a common jury, the verdict cannot afterwards be impeached, for e 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 associan, but has not pleaded to the indictment, and under these circumnces applies for a rule calling on the solicitors for the association to nish him with a list of the persons so associated, in order to set them de at the reduction of the special jury list, the Court will refuse the tion as premature. (Reg. v. Richardson, 4 Jur. 319).

The Court will not compel the prosecutors to give a list of their names the defendant previous to striking a special jury, but will give such rections, by consent of the prosecutors, as shall prevent prejudice acaing to the defendant in consequence of such list not being furnished. leg. v. Nicholson, 8 C. & P. 422).

By 6 Geo. IV. c. 50, s. 36, the mode of striking special jurors in any unty of city or town, except in London, is to remain as before.

IV. Juries on Trials of Aliens, &c.

Aliens and denizens are entitled to demand a jury de medietate Juries de medie

nguæ.

By the 6 Geo. IV. c. 50, s. 47, "Nothing herein contained shall exend, or be construed to extend, to deprive any alien indicted or imeached of any felony or misdemeanour, of the right of being tried by jury de medietate lingue, but that, on the prayer of every alien so ndicted or impeached, the sheriff or other proper minister shall, by command of the Court, return for one-half of the jury a competent umber of aliens, if so many there be in the town or place where the trial is had, and, if not, then so many aliens as shall be found in the

tate.

6. Lists of jurors.

In the torn.

In the leet.

On the coroner's inquest.

On other jurors
concealing pre-
sentments.
On inquiries of
forcible entry.

On inquiries of riots.

De ventre inspiciendo,

same town or place, if any; and that no such alien juror shall be to be challenged for want of freehold or of any other qualificati quired by this act; but every such alien may be challenged fo other cause, in like manner as if he were qualified by this act." ( Chit. C. L. 525-6).

V. Other Juries.

By stat. 1 Rich. III. c. 4, in the torn, jurors shall have 203.1 freehold; or 26s. 8d. copyhold.

In the leet, it is said by some books, that any person happening present at a court-leet, or to be riding by the place where it is h may, for the want of jurors, be compelled by the steward to be whether he be resident within the precinct of the leet or not; by it seems to be implied, that any person whatsoever is capable of put upon the jury in a court-leet. (2 Hawk. c. 10, s. 68).*

The coroner's jury, upon inquest taken before him, are to be neighbouring towns; but no qualification by estate is required t statute. (2 Hale, 152. See tit. "Coroner," Vol. II.)

By stat. 3 Hen. VII. c. 1, jurors to inquire of the concealme other inquests, shall have lands of 40s. a-year.

By stat. 8 Hen. VI. c. 9, jurors to inquire of forcible entry orde shall have lands or tenements of 40s. a-year.

By stat. 19 Hen. VII. c. 13, jurors to inquire of riots shal a-year, charter land or freehold; or 26s. 8d. copyhold.

Upon the writ de ventre inspiciendo the jury ought to be d (Tri. per Pais, 86; see R. v. Wycherley, 8 Car. & P. 262).

Clerk of the peace

to the high constables in July.

VI. Lists of Jurors.

By the 6 Geo. IV. c. 50, s. 4, “The clerk of the peace in ever to issue warrants riding, and division in England and Wales, shall, within the firs July in every year, issue and deliver his warrant (in the form in the schedule hereunto annexed, or as near thereto as may be high constables of each hundred, lathe, wapentake, or other trict, by which he shall command them to issue forth their pe the churchwardens and overseers of the poor of the several and to the overseers of the poor of the several townships with respective constablewicks, requiring them to prepare and before the 1st day of September then next ensuing, a true men residing within their respective parishes and townships and liable to serve on juries according to this act as aforesaid, to perform and comply with all other the requisitions in the cepts contained."

Clerk of the peace

to annex printed forms of precepts and returns to his

warrants.

High constables to issue precepts to churchwardens and overseers within their con

Sect. 5. "Every such clerk of the peace shall cause a suff ber of warrants, precepts, and returns to be printed, according several forms set forth in the schedule hereunto annexed, at the of the county, riding, or division, and shall annex to every w competent number of precepts and returns, for the use of the persons by whom such precepts are to be issued and such retum made."

Sect. 6. "Within fourteen days after the receipt of such the clerk of the peace, every high constable shall issue and precept, (in the form set forth in the schedule hereunto annes near thereto as may be), together with a competent numb

printed forms of returns, to the churchwardens and overseers of the poor
of the several parishes, 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 respect-
ive parishes and townships, qualified and liable to serve as jurors as
aforesaid, and to perform and comply with all the requisitions in the
said precept contained: Provided always, that where in any hundred,
lathe, wapentake, or other like district, there shall be more than one
high constable, in such case the clerk of the peace shall issue and deli-
ver his warrant, together with a competent number of the precepts and
returns as aforesaid, to every one of such high constables, each of whom
shall be individually liable for the due performance of the several matters
commanded in such warrant throughout the whole of such hundred,
lathe, wapentake, or other like district, and shall for the non-perform-
ince thereof be subject to all and every the penalties by this act imposed
pon any high constable; Provided also, that where, in any parish there
hall be no overseers of the poor other than the churchwardens, such
hurchwardens shall be deemed and taken to be the churchwardens and
verseers of the poor of such parish within the meaning of this act, to all
ntents and purposes: Provided also, that where any parish or township
hall extend into more than one hundred, lathe, wapentake, or other
ike district, either in the same or different counties, such parish or
ownship shall be deemed and taken, for all the purposes of this act, to
e within that hundred, lathe, wapentake, or other like district, in which
he principal church of such parish or township shall be situate."
Sect. 7. "It shall be lawful for the justices of the peace of any divi-
on in England or Wales, at a special petty sessions to be holden for
at purpose before the 1st day of July in any year, to make an order
r annexing any extra-parochial place, whenever they shall think it
xpedient, to any parish or township adjoining thereto, for the purposes
f this act, and a copy of such order shall, within five days from the
aking thereof, be served upon the churchwardens and overseers of such
djoining parish, or upon the overseers of such adjoining township, and
ich extra-parochial place shall from thence continually be deemed and
ken, for all the purposes of this act, to be within and to form an inte-
al part of such parish or township; and the churchwardens and over-
ers of such parish, and the overseers of such township, shall be, and
ey are hereby respectively authorized and required to make out, ac-
rding to this act, a true list of all men qualified and liable to serve on
ries as aforesaid, residing as well in their own respective parish or
wnship, as in the extra-parochial place thereto annexed, and shall
om time to time perform and execute within such extra-parochial place
r the purposes of this act, but for no other purpose, all and every the
me acts, duties, powers, and authorities, as in their own respective
arish or township, and shall be as fully liable to the same penalties for
e non-performance thereof, within such extra-parochial place, as if
hey had in every instance been mentioned in this act with reference to
uch extra-parochial place."

Sect. 8. "The churchwardens and overseers of every parish, and the verseers of every township within the meaning of this act, shall forthwith, after the 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 liable 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."

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Sect 9. "The churchwardens and overseers of each parish, and the Lists to be fixed overseers of each township, having made out according to this act a list on church doors,

6. Lists of jurors.

and also kept by

churchwardens for

inspection.

Lists to be review-
ed and allowed,
&c., at petty ses-

September.

of every man qualified and liable to serve on juries as aforesaid, shall, on the three first Sundays in the month of September, fix a true c of such list upon the principal door of every church, chapel, and othe public place of religious worship within their respective parishes orton ships, having first subjoined to every such copy a notice, stating that objections to the list will be heard by the justices of the peace at a tim and place to be mentioned in such notice, and having also signed names at the foot of such copy, and shall likewise keep the original or a true copy thereof, to be perused by any of the inhabitants of t respective parishes or townships, at any reasonable time during the first weeks of the month of September, without any fee or rewar the end that notice may be given of men qualified who are omittel of men inserted who ought to be omitted out of such list; and church wardens and overseers of each parish, and the overseers of township, are hereby authorized to cause a sufficient number of c of such lists, for the purposes aforesaid, to be printed at the expe their respective parishes or townships."

Sect. 10. "The justices of the peace in every division in Englands Wales, shall hold a special petty sessions for the purposes herein sions to be held in tioned, within the last seven days of September in every year, on the last week of day and at some place, of which notice shall be given by their cla fore the twentieth day of August next preceding, to the high e and to the churchwardens and overseers of every parish, and to thes seers of every township, within such division; and the church and overseers of each parish, and the overseers of each township then and there produce the list of men qualified and liable ta juries as aforesaid, within their respective parishes or townships prepared and made out, as hereinbefore directed, and shall an oath such questions touching the same as shall be put to them, them, by the justices then present; and if any man, not qualid liable to serve on juries as aforesaid, is inserted in any such list, be lawful for the said justices, upon satisfaction from the party complaining, or other proof, or upon their own knowled he is not qualified and liable to serve on juries, to strike his paS such list, and also to strike thereout the names of men disabled or imbecility of mind, or by deafness, blindness, or other perm firmity of body, from serving on juries; and it shall also be such justices to insert in such list the name of any man omitt and likewise to reform any errors or omissions which shall them to have been committed in respect to the name, place title, quality, calling, business, or the nature of the qualifica man included in any such list: Provided always, that no if omitted, shall be inserted in such list, nor shall any error in the description of any man in such list be reformed by tices, unless upon the application of such men respectively, such men respectively shall have had notice that an applica purpose would be made to the justices at such petty session the said justices at such sessions, or any two of them, shall to be given to such men respectively, requiring them to shew Power of adjourn- some adjournment of such petty sessions to be holden within thereafter, why their names should not be inserted in such any error or omission in the description of such men in sac not be reformed; and when every such list shall be duly such sessions, or at such adjournment thereof, it shall be all justices present, or two of them, at such sessions or such who shall sign the same, with their allowance thereof; constable shall receive every list so allowed, and deliver th Court of quarter sessions next holden for the county, ridin on the first day of its sitting, at the same time attesting ceipt of every such list from the petty sessions, and the hath been made therein since his receipt thereof.

Petty sessions not without notice to

to alter any list

the party to be

affected by the al

terations.

ment.

Lists, after allowance by petty sesvered to high constable, and by him

sions, to be deli

to the next quarter sessions.

Sect. 11. "The respective churchwardens and overseers of every parish, and the overseers of every township, shall, for their assistance in completing the lists, pursuant to the intent of this act, (upon request made by them or any of them, at any reasonable time between the 1st day of July and the 1st day of October in every year, to any collector or assessor of taxes, or to any other officer having the custody of any duplicate or tax assessment for such parish or township), have free liberty to inspect any such duplicate or assessment, and take from thence the names of such men qualified to serve on juries, dwelling within their respective parishes or townships, as may appear to them or any of them to be necessary or useful; and every Court of petty sessions and justice of the peace shall, upon the like request to any collector or assessor of taxes, or any other officer having the custody of any duplicate or tax assessment, or to any churchwarden or churchwardens, or overseer or overseers, having the custody of any poor-rate within their respective divisions, have the like free liberty to inspect and make extracts from any such duplicate, tax assessment, or poor-rate, for the purpose of assisting hem in the reformation and completion of the jury lists within their respective divisions."

Sect. 12. "The clerk of the peace shall keep the lists, so returned by the high constable to the Court of quarter sessions, among the records of the sessions, arranged with every hundred in alphabetical order, and every parish or township within such hundred likewise in alphabetical order, and shall cause the same to be fairly and truly copied in the same order, in a book to be by him provided for that purpose, at the expense of the county, riding, or division, with proper columns for making the egister hereinafter directed, and shall deliver the same book to the sheiff of the county, or his under-sheriff, within six weeks next after the lose of such sessions; which book shall be called, The Jurors' Book for he Year (inserting the calendar year for which such book is o be in use); and that every sheriff on quitting his office shall deliver he same to the succeeding sheriff; and that every jurors' book so preared shall be brought into use on the 1st day of January after it shall e so delivered by the clerk of the peace to the sheriff or his under-sheiff, and shall be used for one year then next following."

Sect. 44. "If any high constable within the meaning of this act shall, or fourteen days after the warrant of the clerk of the peace shall be erved on him, or left at his usual place of abode, refuse or neglect to ssue and deliver his precept as hereinbefore directed, to the churchwarlens and overseers of any parish, or to the overseers of any township vithin his constablewick; or shall in like manner refuse or neglect to ssue and deliver his precept to the churchwardens and overseers of any arish, or to the overseers of any township, where such parish or townhip extends into any other hundred, lathe, wapentake, or other like disriet besides his own, either in the same or a different county, (provided the principal church of such parish or township shall be situate within his own hundred, lathe, wapentake, or other like district), or shall refuse or neglect in any of the foregoing cases to annex to the respective precepts such a number of the forms of return as he shall bona fide deem sufficient, or to deliver such additional number as may be demanded of him by any church warden or overseer as aforesaid, (provided he has such additional number in his possession), or, in case of his not so having them, shall refuse or neglect to apply forthwith to the clerk of the peace for such additional number, and to deliver the same to the party so demanding within three days after his receipt thereof; or shall on due notice refuse or neglect to attend at any such petty sessions or such adjournment thereof as aforesaid, or to receive any list or lists there tendered by the justices present, or to deliver the same to the quarter sessions next holden for the county, riding, or division, at the time and in the manner hereinbefore directed, or shall make any alteration in any such

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