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JURORS-continued.

I. Grand Jurors, &c,-continued.

Convicts, or outlaws, &c. disqualified, iii.
941.

Justices of peace,

iii. 941.

Inhabitants of Westminster at sessions, iii.
941.
Qualification of jurors in liberties, cities,
and boroughs, to remain as before, iii.
941.

Qualification in London, iii. 941.

Persons, unless qualified to serve as jurors
in civil causes, not to be returned to serve
on trials for capital offences, iii. 942.
In boroughs, iii. 942.

Exemptions in, iii. 942.

Prescriptive exemptions in boroughs abo-
lished, iii. 942.

Police magistrates and clerks of, &c., iii.

942.

Quakers, Moravians, Separatists, iii. 942.
Members of Barbers' Company, iii. 942.
Jurors not compelled to attend twice, &c.,
iii. 942.

Persons not named in warrant, &c., iii. 943.
Compelling attendance of, iii. 943.
Mode of swearing, &c., iii. 943.
Time of service, iii. 943.
Preferring bill before, iii. 943.

II. Petit Jurors.

What, iii. 944.

Number, iii. 944.

Qualifications, iii. 944.
Oath of, iii. 944.

III. Special Jurors.

Special juries, what, iii. 944.

Court may order special juries to be struck
before the proper officer, iii. 944.
Qualifications of, iii. 945.

Grand juror, iii. 945.

Officer of court is to appoint the time and
place for nominating the special jury, iii.
945.

Under-sheriff, or his agent, to attend the
officer with the special jurors' list, and
all the numbers, iii. 945.
Officer to put all the numbers in a box, and
draw out forty-eight, and check them
with the numbers and names in the list,
iii. 946.

And to deliver a list of the forty-eight
names to each party, to be reduced as
heretofore, iii. 946.
Costs of special jury, iii. 946.
Fees to special jurors, iii. 946.
Striking the special jury, iii. 947.

IV. Juries on Trials of Aliens, &c.

Juries de medietate, iii. 947.

V. Other Juries.

In the torn, iii. 948.

In the leet, iii. 948.

On the coroner's inquest, iii. 948.

On other jurors concealing presentments,

iii. 948.

JURORS-continued.

V. Other Juries—continued.

On inquiries of forcible entry, iii. 948.
On inquiries of riots, iii. 948.

De ventre inspiciendo, iii. 948.

VI. Lists of Jurors.

Clerk of peace to issue warrants to high
constables in July, iii. 948.

Clerk of the peace to annex printed forms
of precepts and returns to his warrants,
iii. 948.

High constables to issue precepts to church-
wardens and overseers within their con-
stablewicks, commanding them to make
out jury lists, iii. 949.

Where there are several high constables,
each to be responsible for duties required
by this act throughout the whole hun-
dred, iii. 949.

Parishes, &c. extending into more than one
hundred, to be treated as entirely within
the hundred where parish church is, iii.
949.

Justices of division may order extra-paro-
chial place to be annexed to adjoining pa-
rish or township, for purposes of this act,
iii. 949.

Churchwardens and overseers to make out
lists of persons qualified to serve on juries,
with their residences, titles, &c., iii. 949.
Lists to be fixed on church doors, and kept
by churchwardens for inspection, iii. 949.
Lists to be reviewed and allowed, &c. at
petty sessions to be held in the last week
of September, iii. 950.

Petty sessions not to alter any list without

notice to the party to be affected, iii. 950.
Power of adjournment, iii. 950.

Lists, after allowance by petty sessions, to be
delivered to high constable, and by him to
next quarter sessions, iii. 950.

Tax assessments and poor-rates to be in-
spected, iii. 951.

Lists to be kept by clerk of peace, and copied
into a book to be delivered to the sheriff,
iii. 951.

Book to be called "The Jurors' Book," iii.
951.

Sheriff to deliver it to his successor, iii. 951.
To be used for one year from 1st January,
iii. 951.

Penalties on high constables for neglecting
to issue precepts, &c., iii. 951.

Penalties on churchwardens and overseers
for neglecting to make out lists, &c., iii.
952.

Penalties on clerks of peace and sheriffs ne-
glecting their duty, iii. 952.

VII. Summoning, returning, and Attendance
of Jurors, Views, and Copy of Panel, &c.
Clause in commission as to, iii. 953.
At adjourned sessions, iii. 955.

In boroughs, iii. 955.

Provisions of 6 Geo. 4, c. 50, iii. 955.

JURORS-continued.

VII. Summoning, returning, &c.—continued.

Form of venire facias, iii. 955.

And of precept for jurors at gaol deliveries
and sessions, iii. 955.

Want of hundredors, iii. 955.

Juries to be returned from Jurors' Book by
sheriff, and by coroners and elisors, iii.
956.

Sheriff, &c., on return of writs of venire fa-

cias, to annex a panel of not less than
forty-eight jurors, &c., iii. 956.

Juries in all criminal courts to be returned
as before, iii. 956.

Copy of panel to be delivered to parties
indicted for high treason, iii. 957.
Exceptions, iii. 957.

Judge of assize, &c. may direct the same
panel for the criminal and civil sides, iii.
957.

And may direct two sets of jurors to be
summoned, one to attend at beginning of
assize, and the other to attend the residue,
to serve indiscriminately on criminal and
civil sides, iii. 957.

Summons shall be made out either for first
or second set, iii. 957.

In case of views, judge to appoint trial dur-
ing the attendance of the viewers, iii. 958.
Where jurors are to view lands, &c., court

may order special writs of scire facias,
distringas, or habeas corpora, iii. 958.
Viewers, in case of appearance, to be sworn
upon the jury first, iii. 958.

Jurors to be summoned ten days before day
of attendance, iii. 958.

Special jurors, three days, iii. 959.

Time for summoning jurors for London, &c.,
as heretofore, iii. 959.

Names of jurors to be delivered to the asso-
ciate, and ballotted for juries in civil
courts, iii. 959.

Where the jury have not brought in their
verdict, twelve others to be drawn, iii.
959.

The same jury, if not objected to, may try
several issues in succession, without being
re-drawn, iii. 959.

Sheriff indemnified in returning unqualified
person not liable, iii. 960.

If sheriff return one not in the Jurors' Book,
or if clerk of assize record appearances
when the party did not appear, they may
be fined, iii. 960.

Sheriff, &c. to register names of jurors who
have served, and give certificates, iii. 960.
Not to extend to grand or special jurors, iii.
960.

Clerk of peace to make out list of all who
serve at sessions on grand or petty juries,
iii. 960.

And transmit same to sheriff, to be regis-
tered in Jurors' Book, iii. 960.
Certificates of services to be given by clerk
of peace, iii. 960.

JURORS continued.

VII. Summoning, returning, &c.—continued.
Jurors not to be summoned again withs
certain periods, iii. 960.
Nor to quarter sessions, iii. 961.
No money to be taken to excuse persons
from serving, iii. 961.

None to be summoned but those named in
the warrant, iii. 961.

Penalties for neglect of duty of officers, ii.
961.

What defects in summoning, &c. jurors
shall not be sufficient to stay or reverse
judgment, iii. 962.

VIII. Challenge of Jurors.

(1). Several Kinds of Challenge.

Two kinds of challenge, iii. 962.
To the Array:

Principal challenge to the array, iii. 962.
Challenge to the array for favour, iii. 963.
To the Polls:

Peremptory challenge, iii. 964.
Not allowed to the Queen, iii. 961.
Number allowed, iii. 964.

When allowed against the Queen, ïïi. 964.
Not allowed in collateral issues, iii. 964.
Or misdemeanours, iii. 964.
Every challenge beyond the legal number
shall be void, iii. 964.
Principal challenge, iii. 964.
Peer sworn, iii. 965.
Estate, iii. 965.
Alienage, iii. 965.
Age, iii. 965.
Female, iii. 965.
Kindred, iii. 965.
Affinity, iii. 965.
Godfathers, iii. 965.
Interest in title, iii. 965.
Prejudice, iii. 965.
Malice, iii. 965.

Prior verdict by the juror, iii. 965.
Indictor, iii. 965.

Juror having been an arbitrator in the cause,
iii. 965.

Counsel, &c., iii. 966.

Eating and drinking at the cost of a party,
iii. 966.

Parishioner, iii. 966.
Labouring a juror, iii. 966.
Fellow-servant, iii. 966.
Attainder or conviction, iii. 966.
Outlawry, iii. 966.
Wrongly sworn, iii. 966.
Want of qualification to be cause of chal-
lenge, but not the want of freehold. iii. 967.
Nor to extend to special jurors, iii. 967.
Persons unqualified, iii. 967.

Challenge to the Polls for favour, ii. 967,
(2). Mode of taking the Challenge, iì. 967.
(3). How the Challenges shall be tried, in. 967.
IX. Of Talesmen, iii. 970.

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X. Demeanour of Jurors in giving their Ver-
dict, &c.

Jurors to be kept together without meat or
drink, iii. 971.

May re-examine witnesses, iii. 971.

May hear no evidence but in court, iii. 971.
Cannot be discharged without giving ver-
dict, iii. 972.

May be fined for saying they are agreed,
when they are not, iii. 972.
Casting lots for their verdict, iii. 972.
Giving verdict without evidence, iii. 972.
Juror may be witness, iii. 972.
Private verdict, iii. 973.
Special verdict, iii. 973.

Jurors to try not the law, but the fact, iii.
973.

Finding against evidence, iii. 973.
Varying from the verdict, iii. 973.
Verdict finding an impossibility, iii. 974.
Verdict, how far to be taken strictly, iii. 974.
Where they cannot agree, iii. 974.
Affidavit after verdict, iii. 974.
Juror taken ill, iii. 974.

XI. Indemnity and Punishment of Jurors.
Threatening a juror, iii. 975.

Jurors not appearing, iii. 975.

Present, and refusing to appear, or with-
drawing, iii. 975.

Jury not appearing, iii. 975.

Where a grand jury may be fined for not
finding a bill, iii. 976.

Action against juryman for verdict, iii. 976.
Whether a juror may be prosecuted for a
verdict in a criminal matter, iii. 976.
Whether they may be fined for their verdict,
iii. 976.

22 Car. 2, iii. 976.

Bushel's case,
Courts of Nisi Prius, &c., in London, may
fine jurors, iii. 977.

Sheriffs, &c., may fine jurors for non-
attendance, iii. 977.

Fine on persons summoned to serve on
juries in inferior courts not attending, iii.
978.

Leviable by distress and sale, iii. 978.

To be paid to proper officer of court, to be
disposed of as other fines of court, iii. 978.
How fines to be recovered and applied, iii.
978.

Decisions as to fining, iii. 979.
Writs of attaint abolished, iii. 979.
Embracers and corrupt jurors punishable by
fine and imprisonment, iii. 979.

XII. Provisions of Jury Act as to Recovery
of Penalties, Actions, &c.
Form of conviction, iii. 980.

Not to be quashed for want of form, iii. 980.
Remedy for irregularity causing damage, iii.

980.

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JURORS-continued.

XII. Provisions of Jury Act, &c.—continued.
Actions to be commenced within six months,
with one month's notice, iii. 980.

XIII. Saving Clauses in Jury Act.
Not to affect the acts relating to Quakers
and Moravians, iii. 981.

Not to affect powers unrepealed, iii. 981.
XIV. Forms.

Warrant for returning lists of jurors, iii. 981.
Precept for returning lists of jurors, iii. 981.
Form of return, iii. 983.

Challenge to the array, because the sheriff

is of kindred to one of the parties, iii. 983.
Challenge because panel was returned at in-
stance of party, iii. 983.

JUSTICES OF THE PEACE.
Who are, iii. 983.

Nature of office, iii. 983.

His record shall not be gainsaid, iii. 984.
Cannot make a deputy, iii. 984.

His certificate not traversable, iii. 984.

I. The Office of Conservators of the Peace at
the Common Law, before the Institution
of Justices.

Conservators by election, iii. 985.
Conservators by Officer:

Lord Chancellor and justices of King's
Bench, iii. 985.

Every court of record, iii. 986.
Justices of peace, iii. 986.
Sheriff, iii. 986.
Coroners, iii. 986.

Constables, iii. 986.

Conservators by tenure, iii. 986.

Conservators by prescription, iii. 986.

Mayors, iii. 986.

Powers of conservators, iii. 986.

Their duty, iii. 986.

Conservators of the peace appointed by the
Queen, iii. 987.

II. Their Commission, and how and by whom
appointed.

Three kinds of justices of peace, iii. 987.
Appointment of, by commission, iii. 987.
Form of commission, iii. 988.

Jurisdiction of, out of sessions, iii. 988.
In sessions, iii. 988.

Custos rotulorum, iii. 989.

Justices appointed by the Queen, iii. 989.
In the county palatine, iii. 990.
In cities, boroughs, &c., iii. 990.
Doubtful whether the Queen can delegate
the power of appointing justices, iii. 990.
Must be in the most clear and express lan-
guage, iii. 990.

In a particular district, iii. 990.

In boroughs within Municipal Corporations
Act, iii. 990.

Police magistrate with salary, iii. 990.
III. Who may be Justices, iii. 990.
IV. Qualification of Justices, and Oath of.
Qualification as regards estate, iii. 991.

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In boroughs, iii. 994.

Defendant to specify lands not contained in
the oath in action against him for being
disqualified, iii. 994.

Plaintiff may discontinue such action, iii.
994.

Lands not mentioned in oath or notice not
allowed, iii. 994.

Lands encumbered, iii. 995.

Qualification by rent only, iii. 995.
Action discontinued, iii. 995.
Only one penalty, iii. 995.

Subsequent action for prior offence, iii. 995.
Limitation of actions, iii. 995.
Places excepted, iii. 995.
Persons excepted, iii. 995.
Peers, &c., iii. 996.

Eldest son, or heir apparent of any peer, iii.
996.

Or person qualified to serve as M. P., iii.

996.

Or officers of Board of Green Cloth, &c.,
iii. 996.

Heads of houses, &c., iii. 996.
Borough justices, iii. 996.

Justices becoming disqualified, iii. 996.

V. Oaths of Office.— Allegiance, Supremacy,
and Abjuration, &c.

Oath of office necessary, iii. 997.

Proviso for such as have once taken oaths
under a dedimus protestatem, iii. 997.
Justices not obliged to take and subscribe
oaths more than once during a reign, iii.
997.

Form of oath, iii. 998.

In boroughs under Municipal Corporations
Act, iii. 998.

Oath of allegiance, supremacy, and abjura-

tion, iii. 998.

Different oath for Roman Catholics, iii. 998.
Declaration in lieu of sacramental test, iii.
998.

Where to be made and subscribed, iii. 999.
Omission of subscribing it does not subject
party to penalty, iii. 999.

His acts not void or voidable as to right of

party not privy to omission, iii. 999.
Indemnity for not taking in time, iii. 999.
VI. How Office of, determined.

Office, how determinable, iii. 999.

How far dependent on Queen's demise, iii.

999.

Officers in corporations keep their office in-
dependent of Queen's demise, iii. 999.

JUSTICES OF THE PEACE-continued.
VI. How Office of, determined-continued.

A new dignity being conferred does not de-
termine the office, iii. 999.

Warrant of justice who is dead, iii. 1000.
VII. Their Jurisdiction, and Duties of.
(1). The local Limits of.

Justices for counties, ridings, and divisions,
iii. 1000.

In general, iii. 1000.

When out of county, iii. 1000.
When a justice may act in his county for an
offence committed out of it, iii. 1000.
Backing warrants, iii. 1001.
Justices for counties at large empowered to

act for such counties in cities, &c., iii. 1001.
In cities, &c. being a county, iii. 1002.
In cities, &c. having exclusive jurisdiction,
though not a county, iii. 1002.
Justices commissioned to act for two or
more adjoining counties may act in either,
iii. 1002.

Provided he resides in one of them, iii. 1003.
Direction of warrants, iii. 1003.

In detached parts of counties, iii. 1003.
In boroughs not having a separate quarter
sessions, iii. 1003.

Having such court, then a concurrent juris-

diction, unless specially exempt, iii. 100.
Where borough or other local jurisdiction
has ceased, iii. 1004.

In exclusive jurisdictions, iii. 1004.
Justices of boroughs, iii. 1004.

(2). Jurisdiction of, in respect of the Descrip
tion of Justices, and how far a Justice
may act in his own Case.

Where a particular description of justices

only should act, iii. 1006.
"Next justice," iii. 1006.

Justice in or near," iii. 1006.
Justices of a division, iii. 1006.

"Any two justices," iii. 1006.
Quorum, iii. 1006.

"Court" does not mean justices out of
session, iii. 1006.

Superiors not intended, where inferior first
mentioned, iii. 1007.

Priority of authority, iii. 1007.
Justices acting in their own case, iii. 1007,
In some cases empowered to act, iii. 1008.
(3). Jurisdiction of, in respect of their Num

ber.

When two justices may act, iii. 1008.
When one may act, iii. 1008.
When justices should act in the presence of
each other, iii. 1009.

(4). Jurisdiction of, in respect of the Offence
or Injury complained of, and their Duties

herein.
Jurisdiction and duties of, in general, iïi.
1009.

By their commission, iii. 1009.
By statutes, iii. 1010.

Powers watched with jealousy, iii. 1011.


JUSTICES OF THE PEACE-continued.

VII. Jurisdiction of, &c.—continued.

Discretionary power, iii. 1011.
Imperative duty, iii. 1011.

Where matter of right in question, iii. 1012.
Right of counsel and attornies, &c. to act
before justices, iii. 1012.

Justices should make a record of proceed-
ings, iii. 1013.

Jurisdiction should appear on record, iii. 1013.
Convictions, iii. 1013.

Orders, iii. 1013.

Informer's oath, iii. 1013.

Confession, iii. 1013.

Number of witnesses, iii. 1013.

Credible witness, iii. 1013.

Power to administer an oath, iii. 1013.

Examination, iii. 1014.

Depositions, iii. 1014.
Copies, iii. 1014.

Recognizances, iii. 1014.

Power to convene the parties, iii. 1014.
Summoning the party, iii. 1014.
Warrant to apprehend him, iii. 1014.

Power to apprehend without warrant, iii.
1014.

Search-warrant, iii. 1014.
Bail, iii. 1014.

Compelling attendance of witnesses, iii. 1015.
Supersedeas, iii. 1015.
Amendment, iii. 1015.
Commitment, iii. 1015.
To what prison, iii. 1015.
Time of imprisonment, iii. 1015.
The law favours liberty, iii. 1015.
Damages, iii. 1015.

Treble damages, iii. 1016.

Mitigating penalties, iii. 1016.
Costs, iii. 1016.

Distress and sale, iii. 1016.

Overplus, iii. 1016.

Second offence, iii. 1016.
Estreating fines, iii. 1016.

Adjournment of proceedings, iii. 1016.
Binding to good behaviour, iii. 1016.

(5). Jurisdiction of, ex Officio.

Taxes-Land-tax, iii. 1017.

Turnpike-roads, iii. 1017.
Guardians of poor, iii. 1017.
Commissioners of sewers, iii. 1017.

VIII. How, and in what Cases, punished
criminally.

Indictment, or information, when it lies
against, iii. 1017, 1021.

Putting him out of commission, iii. 1017.
Fraud or misconduct, iii. 1017.
Error in judgment, iii. 1018.

Acting partially or corruptly, iii. 1019.
Refusing to act, iii. 1020.

False return to mandamus, iii. 1020.
Other misbehaviour, iii. 1020.

Specific grounds must be laid against the
magistrate, iii. 1021.

Not to be punished both ways, iii. 1021.

JUSTICES OF THE PEACE-continued.
VIII. How, &c., punished criminally.--con.
Practice as to applying for a criminal in-
formation against a justice, iii. 1021.
Time of motion, iii. 1021.
Exculpatory affidavit, iii. 1022.
Notice of motion, iii. 1022.
Costs on, iii. 1022.

When a justice is convicted on an informa-
tion, he must appear in person, iii. 1022.
IX. When a Mandamus will be granted against.
Practice as to, iii. 1026.

X. Actions against.

(1). When an Action lies.

When he acts judicially, iii. 1026.
Though corruptly, iii. 1027.

His jurisdiction must appear on the face of
the proceeding, iii. 1027.

When he acts ministerially, iii. 1027.
Where he has no jurisdiction, iii. 1028.
Want of jurisdiction must appear on pro-
ceedings, iii. 1029.

Conviction, conclusive evidence of facts
stated in it, iii. 1029.

Where a justice acts as a judge of record, iii.
1029.

Where excess of jurisdiction, iii. 1029.
Where the prescribed form of proceeding

has not been adopted, iii. 1030.

Where conviction bad for ambiguity, iii. 1030.
Where merely irregular, iii. 1030.
Where conviction good, but commitment or
distress bad, iii. 1030.

Where conviction quashed, iii. 1031.
Damages recoverable, iii. 1031.

To recover back an improper fee, iii. 1031.
Action against magistrate not qualified, iii.
1031.

Liability of a justice at sessions for plans of
a gaol, iii. 1031.

Liability of, on a covenant for expenses of
a bridge, iii. 1031.

(2). Notice of Action.

Notice of action necessary, iii. 1032.
Service of, iii. 1032.

Form of, iii. 1032.

Fee for, iii. 1032.

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