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Juries and Trials.

[No. XLVI.] 4 and 5 Philip and Mary, c. 7.-An Act to make up the Jury with Circumstantibus, where the King and Queen's Majesty is a Party.

[No. XLVII.] 5 Elizabeth, c. 25.-An Act to fill up
Juries lacking in Wales de circumstantibus.
[See this at length, infra.]

[No. XLVIII.] 14 Elizabeth, c. 9.-An Act declaring that the Tenant and Defendant may have a tales de circumstantibus, as well as the Demandant or Plaintiff.

No.
XLVI.

4 & 5 P. and
Mary, c. 7.

18 Elizabeth,

c. 12.

Issues joined
in the Chan-
cery, King's
Bench, Com-
mon Pleas, or
Exchequermay
be tried by

nisi prius in
Westminster
Hall.

[ No. XLIX. ] __18 Elizabeth, c. 12.-An Act for Trial of Nisi Prius in the County of Middlesex. WH THEREAS heretofore all issues joined in any of the courts of record at Westminster, triable in the county of Middlesex, have 'been usually tried at the bars in the said courts in Westminster: And whereas a great number of actions have of late years been brought in the said county of Middlesex, for speediness of trial, and that for small causes, by reason whereof the judges of the same courts have not only been letted and hindered in their proceedings in matters of great weight depending before them by demurrer or otherwise, to the great delay of justice, and occasion of great expenses and charges of a number of the Queen's Majesty's most loving subjects, but also to the great trouble and charge of the freeholders of the said county who are compelled to give daily attendance at the several bars of the same ⚫ several courts for the trial of the said issues:' For reformation whereof Be it enacted by the Queen's most excellent Majesty, our Sovereign Lady, with the assent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the Authority of the same, That from henceforth the Chief Justice of England, for the time being, upon issues joined or to be joined in the court called the King's Bench, or in the Court of Chancery, the Chief Justice of the Common Pleas for the time being, upon issues joined or to be joined in the Court of Common Pleas, and the Chief Baron of the Exchequer for the time being, upon issues joined or to be joined in the Court of the Exchequer, or in the absence or default of any of them, two other judges or barons of the same several courts where it shall happen either of the same Chief Justices, or the Chief Baron for the time being, to be absent, shall or may at their discretions, within the said hall called By 12 Geo. I. Westminster Hall, in Westminster, or in the place where the Court of 0.31. s. 1., the Exchequer is commonly kept in the said county of Middlesex, as jus- trial may be tices of Nisi Prius for the said county of Middlesex, within the term- within eight time, or within four days next after the end of every or any term seve- days after rally, try all manner of issues joined or to be joined in any of the said several courts, which by the ordinary course of the laws of the realm ought to be tried in any of the said courts by an inquest of the said county of Middlesex: And that commissions and writs of nisi prius shall be awarded in such cases, and in such form, as they are or have been used in any other shire of this realm: And that it shall be lawful for any person or persons from henceforth, upon reasonable warning given to the adverse party or his or their attorney, as hath been accustomed in such like cases, to take or sue forth writs and records of nisi prius, for the trial of the said issues in the said county of Middlesex, as they may do upon any issue joined, triable in any other county, and thereupon take the jury in such manner and form, and with awarding of

term.

18 Elizabeth, c. 12.

The sheriff of
Middlesex his

attendance.

No. XLIX. tales de circumstantibus, and awarding the nonsuit, as is used for the trial of issues joined, or nonsuits to be awarded, in the said courts, or any of them, triable within the city of London, or within any other county of this realm of England: And that the sheriffs of the said county of Middlesex, for the time being, shall make return of all writs of nisi prius which shall be delivered to them, or to their or to any of their sufficient deputy for the time being, before the said judges, baron or barons and every of them, and shall give their attendance upon the said justices, baron and barons, as well for the returning of such tales as shall be prayed de circumstantibus, for the trying of the said issues, as for the doing and executing of all other thing and things to the office of sheriff in such case belonging and appertaining: And that all persons to be impanelled in such juries, and the parties to the same issues and suits, and the witnesses for the same, shall be charged and bound in such and the like sort, and upon like pains and penalties for their not appearance and attendance, or for their or any of their misdemeanour or default before the said justices of nisi prius, as they should have been, if the same issue had been tried in the court from whence the The jurors and nisi prius thereof was awarded: All which several trials so to be had before the said several justices, baron or barons, shall by authority of this present Parliament stand and be as good and available in law, as if the same had been tried in the term-time, at the bar in the court where such issue was joined or triable; any law, usage, or custom heretofore made, used or accustomed to the contrary hereof in any wise notwithstanding.

parties witnesses bound by the trial.

[No. L.] 27 Elizabeth, c. 6.-An Act for returning of sufficient Jurors, and for better Expedition of Trials.

27 Elizabeth, Forth to be hereafter had between party and party, and for re

NOR the returning of more able and more sufficient jurors for

c. 6.

Receiving reward for not returning of a juror.

'formation of abuses in sheriffs and other ministers, who for reward oftentimes do spare at home the most able and sufficient freeholders, ' and return the poorer and simpler sort, least able to discern the causes in question, and most unable to bear the charges of appearance and 'attendance in such cases;' Be it ordained and enacted, &c.

[I. What jurors and issues shall be returned; how the sheriff shall be punished for returning one summoned that is not, or for taking reward to spare any, &c. Venire facias. Where each juror must dispend 41. of freehold.]

[II. Issues returned upon jurors.]

[III. Issues returned upon a juror not summoned.]

IV. And be it further enacted by the authority aforesaid, that if any sheriff, under sheriff, sheriff's deputy, sheriff or under sheriff's clerk, or any bailiff of franchise, shall at any time after the end of this present session of Parliament, receive, take or have, by himself or by any other, any sum of money, reward or any other profit, directly or indirectly, or do take any promise, make any agreement or assent, to have any sum of money, reward or other profit, directly or indirectly, of any person or persons, for the sparing, not warning, or not returning of any person to be sworn as a juror, for the trial of any issue joined or to be joined in any of the Queen's Majesty's Courts aforesaid, or before any justices; that then every sheriff, under sheriff, sheriff's deputy, sheriff or under sheriff his clerk, or bailiff of liberty or franchise, so offending, to forfeit for every such offence the sum of five pounds; the one moiety thereof to our Sovereign Lady the Queen's Majesty, and the other moiety thereof to such person and persons as will sue for the same in any court of record, by action of debt, bill, plaint or information, wherein no essoign, protection, or wager of law shall be allowed to the defendant.

[V. Two hundreders sufficient in a personal action.]

VI. Other challenges.]

[VII. Juries returned in a corporate town, or Wales.]

[No. LI.] 27 Elizabeth, c. 7.-An Act for Reformation of Abuses in Collection of Issues lost by Jurors. WHEREAS there are within this realm of England, in sundry counties of the same, divers freeholders of one name, and often and sundry times some one or more of them being returned and 'impanelled in juries for trial of matters between party and party; and if it happen any one of them so returned to make default, or lose is sues, when the same are estreated to be levied, the bailiff or other 'collectors thereof, for lucre and gain, do demand and require the same of every one within the same county that is of that name; and do persuade every person that is dwelling in that county and so named, that he is the party that hath lost those issues, and compel him to pay the same by the distress of his or their goods and chattels, to their great molestation and trouble; and yet nevertheless many times do 'detain and keep all or the more part of the issues so collected, to 'their own use, in contempt of the Queen's Majesty's laws, and to the 'great grievance of her loving subjects, and contrary to all equity and "good conscience.'

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[ II. The dwelling-place of every juror shall be returned. In every extract of issues against a juror, his addition shall be put.]

[III. What officers have authority to hear and determine the offences aforesaid.]

[No. LII. ] 16 and 17 Charles II. c. 3.-An Act for the returning of able and sufficient Jurors.*

*This was a temporary Act, to continue three years. The jurors for the trial of issues were required to have 40%. per annum, freehold.

[No. LIII.] 4 and 5 William and Mary, c. 24.-An Act for reviving, continuing, and explaining several Laws therein mentioned which are expired and near expiring.

XV. AN

[Further parts of this, supra et infra.]

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ND whereas a certain Act made at the session of Parliament held in the sixteenth and seventeenth years of the reign of the late King Charles the Second, intituled, An Act for returning of able and sufficient jurors," is expired;' be it enacted by the authority aforesaid, That all jurors (other than strangers upon trials per medietatem lingua) who are to be returned for trials of issues joined in any of the courts of King's Bench, Common Pleas, or Exchequer, or before justices of assize, or nisi prius, oyer and terminer, gaol delivery, or general quarter sessions of the peace from and after the first day of May, One thousand six hundred ninety-three, in any county of this realm of England, shall every of them have in their own name, or in trust for them, within the same county, ten pounds by the year at least above reprizes, of freehold or copyhold lands or tenements, or of lands and tenements of ancient demesne, or in rents, or in all or any of the said lands, tenements, or rents, in fee-simple, fee-tail, or for the life of themselves or some other person: And that in every county of the dominion of Wales every such juror shall then have within the same county six pounds by the year at least, in manner aforesaid above reprizes. All which persons having such estates as aforesaid, are hereby enabled and made liable to be returned and serve as jurors for the trial of issues before the courts and justices aforesaid; any law or statute to the contrary in any wise notwithstanding. And if any of a lesser estate and value shall be respectively returned upon any such jury, it shall be

No. LI.

27 Elizabeth,

c. 7.

No jurors shall be returned without addition of his dwellingplace, and how issues lost

shall be levied.

P

4 and 5 William

and Mary,c. 24.
16 and 17 Ch.
2. c. 3.
All jurors to

have 10%. per

ann.

Welsh jurors

61. per ann.

No. LIII. a good cause of challenge, and the party returned shall be discharged upon the said challenge, or upon his own oath of the truth of the said 4 & 5 W. matter. And that no juryman's issues, making default, shall be saved, and Mary, but by special order of the court or judges before whom the issue is to be tried, for some reasonable cause proved upon oath before the same court or judges; and all such issues shall be duly estreated and levied ; and the writ of venire facias, which from and after the time aforesaid. shall be awarded and directed for the impanelling of juries in causes aforesaid, within any county of England, shall be after this form:

c. 24.

Issues shall be duly estreated. Continued with

7 W. 3. c. 32.

Form of venire.

Penalty upon sheriff other

wise returning.

RE EX, &c., præcipimus, &c. quod venire fac' coram, &c. Duodecim liberos et legales homines de Vicineto de A. quor' quilibet habeat Decem librat Terræ, Tenementor' vel Redituum per Annum ad minus, per quos, &c. et qui nec, &c.

And the residue of the said writ shall be after the ancient manner; and that the writs which shall be awarded and directed for the returning of juries within the dominion of Wales, shall be made in the same manner, altering only the word decem for sex; and that upon every such writ or writs of venire facias, the sheriff, coroner, and other ministers of each respective county in England and Wales, unto whom the making of the panel shall appertain, shall not return in any such panel any person, unless he shall then have ten pounds, or six pounds, respectively by the year at least, as aforesaid, in the same county where the issue is to be tried; upon pain to forfeit for every person being returned in any such panel, that shall not then have ten pounds or six pounds respectively as aforesaid, the sum of five pounds to their majesties, their heirs and successors.

Penalty upon XVI. And be it further enacted, That no sheriff or bailiff of any lisheriff return-berty or franchise, or any of their or either of their ministers, shall reing without six turn any such person or persons as aforesaid, to have been summoned by days'summons, them, or any of them, unless such person and persons shall have been duly

&c.

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summoned by the space of six days at the least, before the day on which they ought to make their appearance; nor shall directly or indirectly take money or other reward to excuse the appearance of any juror, by any of them to be summoned or returned, upon pain to forfeit for every such offence the sum of ten pounds to their Majesties, their heirs and successors.

XVII. Saving nevertheless to all cities, boroughs, and towns corporate, their ancient usage of returning jurors of such estate, and in such manner, as heretofore has been used and accustomed; any thing in this Act contained to the contrary notwithstanding.

XVIII. Provided nevertheless, That it shall be lawful to return any person to serve upon the tales in any county within the kingdou of England, who shall have within the same county five pounds by the year, above reprizes, in manner aforesaid, and not otherwise.

XIX. Provided nevertheless, That it shall be lawful to return any person to serve upon the tales in any county within the dominion of Wales, who shall have within the same county three pounds by the year, above reprizes, in manner aforesaid, and not otherwise.

XX. And be it further enacted by the authority aforesaid, That no fee or reward whatsoever shall be taken by any sheriff, clerk of assizes, or any other officer or person whatsoever, for the returning of any tales, or upon the account of any tales returned, upon pain of forfeiting for every such offence the sum of ten pounds, whereof one moiety to be to the use of the prosecutor, and the other moiety to the use of their Majesties, their heirs and successors, to be recovered by action of debt, bill, plaint, or information, wherein no essoign, protection, or wager of law, or more than one imparlance shall be al

lowed.

XXI. And be it further enacted, That no writ de non ponendis in assisis et juratis, shall be hereafter granted, unless upon oath made, that the suggestions upon which the said writ is granted are true.

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XXII. And be it enacted, That so much of this present Act as does relate to the returning of jurors, shall be in force for the space of three years, from the said first day of May, one thousand six hundred ninety three, and from thence to the end of the next Session of Parliament. [Farther continued by 9 Geo. 1. c. 8. s. 2.]

No. LIII.

4 & 5 W. and Mary,

c. 14.

Act to con

[ No. LIV. ] 6 & 7 William III. c 4.-An Act for ex- tinue three empting Apothecaries from serving the Offices of years, as to Constable, Scavenger, and other Parish and Ward rors. Offices, and from serving upon Juries.

[II. Apothecaries within London, and seven miles thereof, exempt from offices.]

[III. Country apothecaries who have served seven years exempted from offices.]

[IV. This Act to continue seven years.]

[Continued 1 Anne, c. 11.; and made perpetual 9 Geo. I. c. 8.]

[ No. LV.] 7 & 8 William III. c. 32.-An Act for the Ease of Jurors, and better regulating of Juries.

W

III. c. 32.

WHEREAS for trials of causes upon writs of nisi prius, and other 7 & 8 William causes at assizes, the sheriffs do return a competent number of jurors for such services; but it often happens, that many of the causes, 3 Geo. 2. c. 25. which are brought down for trial, do not go on to be tried at the first 'assizes, but are brought down again to be tried at some other subsequent assizes, whereby the jurors returned to try such causes are compelled to attend at several assizes for trial of one and the same cause, to their very great expense and trouble; and forasmuch as by partiality and favour of sheriffs, the corruption of officers, and many other evil practices, the service of jurors has been found to be very burdensome and grievous:' for remedy whereof be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, That if at any time hereafter, any plaintiff or demandant, in any cause depending in any of the courts at Westminster, which shall be at issue, shall sue forth, or bring to any sheriff, any writ of venire facias, upon which any writ of habeas corpora or distringas, with a nisi prius, shall issue, in order to the trial of such issue at the assizes, and that such plaintiff or demandant shall not proceed to the trial of the said issue at the said first assizes after the teste of every such writ of habeas corpora or distringas, with a nisi prius, that then, and in all such cases, (other than where views by jurors shall be directed), the plaintiff or demandant, whensoever he shall think fit to try the said issue at any other assizes, shall sue forth and prosecute a new writ of venire facias directed to the sheriff in this form:

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'Quod de novo venire facias coram, &c. duodecim liberos et le'gales homines de vicineto de A. quorum quilibet habeat decem librat' terræ tenementor' vel reddituum per annum ad minus, per quos, &c. Et qui nec, &c.'

And the residue of the said writ shall be after the ancient manner; which writ being duly returned and filed, a writ of habeas corpora, or distringas, with a nisi prius, shall issue thereupon, (for which the ancient and accustomed fees shall be taken, and no more, as in the case of the pluries habeas corpora, or distringas, with a nisi prius), upon which the plaintiff or demandant shall and may proceed to trial, as if no former writ of venire facias had been prosecuted or filed in that cause, and so toties quoties as the case shall require: And if any de

VOL. III.

S

If plaintiff sue forth a venire facias, &c. in order to trial and proceed not, the issue may be tried

at

any other assize.

Defendant try

ing any issue joined against him, may sue a newvenirefacias, and prosecute the same by habeas corpora, or distringas.

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