No. LVII. c. 18. one person oft in four years. IV. And be it further enacted by the authority aforesaid, That if any such sheriff of the said county, for the time being, his or their undersheriff, deputy, or bailiff, during the continuance of the said Act, shall 3 & 4 Anne, knowingly summon or return any person or persons to serve on any jury or juries, at any the said assizes or sessions of the peace, who shall within four years before such summons or return, have served on any Or returning jury at any the said assizes or sessions held within the said county, or any the ridings therein, and shall not, upon producing of such certificate ner than once or certificates, as aforesaid, to the officer or person so summoning, or to the said sheriff, or his under-sheriff or deputy, discharge the said summons or return, and thereof give notice to the party summoned, six days before such assizes or sessions of the peace, at the which such person shall be summoned or returned to appear, that then the said sheriff, under-sheriff, bailiff, or person so summoning or refusing to discharge, as aforesaid, shall forfeit and lose to the party so summoned the sum of twenty pounds, to be recovered in manner and form as is last hereinbefore mentioned, together with his full costs of suit. V. And whereas many constables, ty thingmen, and headboroughs of towns, have refused or neglected to return, or give to the justices of the peace at the general quarter-sessions, a true list in writing of the names and places of abode of all persons within the respective places for which they serve, qualified to serve upon juries, as in and by the ⚫ said Act made in the seventh and eighth years of the late King William it is enacted and provided; by reason of which neglect, the good intent of the said Act has been eluded, and great inconveniences have there* upon ensued ;' For remedy whereof be it further enacted by the authority aforesaid, That the justices of the peace for all counties or ridings, within the kingdom of England, or dominion of Wales, shall yearly and every year, during the continuance of the said Act, at the general quarter-sessions to be holden next after the four and twentieth day of June, issue forth their warrant or warrants, under the hands and seals of two or more of them, to the head or chief constable and constables of every hundred, lathe, or wapentake, requiring him or them to issue forth his or their precept or precepts to the respective constables, tythingmen, and headboroughs within his and their hundred, lathe, or wapentake, thereby directing and requiring them, and all and every of them, to convene and meet together with the said head constables of the hundred, lathe, or wapentake, within fourteen days next after the date of such receipt, at some usual or convenient place in the hundred, lathe, or wapentake, when and where the constables, tythingmen, and headboroughs, shall prepare and make a true list fair written and signed by them, of the names and places of abode of all the persons within the respective places for which they serve, qualified to serve on juries, according to the direction of the said Act made in the fourth and fifth years of King William and Queen Mary, with their titles and additions, between the age of one and twenty years and the age of seventy years, as by the said Act of the seventh and eighth years of the said King William is directed and appointed: Which list the said constable, tythingman, and headborough or their deputies, or some or one of them yearly, at the general quarter-sessions of the peace to be holden for each county, riding, or division, or any part thereof, in the week after the feast of Saint Michael, upon the first day of the said sessions, or upon the first day that the said sessions shall be held by adjournment at any other particular place or division, shall return and give to the justices of the peace in open court: And any head constable of the hundred, lathe, or wapentake, failing to issue forth his or their precept or precepts to convene and meet together, with the constables, tythingmen, and headboroughs, as aforesaid, shall forfeit and incur the penalty of ten pounds; and any constable, tythingman, and headborough, failing to meet the head constable of the hundred, lathe, or wapentake, pursuant to his precept, and failing to prepare and make a true list, and to return and give in the same to the justices in open court, as aforesaid, shall forfeit and incur the penalty of five pounds: And every such high constable, constable and tythingman, so offending, shall be prosecuted at the general assizes, sessions of Oyer and Terminer, and general gaol delivery, or sessions of the peace, before the justices thereof, who shall have power and authority to hear and determine the same. VI. And for the better observance of this Act, and of the said Acts made in the fourth and fifth years of King William and Queen Mary, and in the said seventh and eighth years of the late King William, the justices of the peace at the general quarter-sessions, held after the four and twentieth day of June yearly, shall cause the said several Acts to be publicly read in open court. [ No. LVIII.] 4 Anne, c. 16.-An Act for the Amendment of the Law, and the better Advancement of Justice. VI. AND whereas great delays do frequently happen in trials, by reason of challenges to the arrays of panels of jurors, and to the polls, for default of hundredors: For prevention thereof for the future, be it enacted by the authority aforesaid, That from and after the said first day of Trinity term, every venire facias for the trial of any issue, in any action or suit in any of her Majesty's Courts of Record at Westminster, shall be awarded of the body of the proper county where such issue is triable. VII. Provided always, and be it enacted by the authority aforesaid, That nothing in this Act before contained shall extend to any writ, declaration, or suit of appeal of felony or murder, or to any indictment or presentment of treason, felony, or murder, or other matter, or to any process upon any of them, or to any writ, bill, action, or information upon any penal statute. VIII. And be it further enacted by the authority aforesaid, That from and after the said first day of Trinity term in any actions brought in any of her Majesty's Courts of Record at Westminster, where it shall appear to the Court in which such actions are depending, that it will be proper and necessary, that the jurors who are to try the issues in any such actions, should have the view of the messuages, lands, or place in question, in order to their better understanding the evidence that will be given upon the trials of such issues, in every such case the respective courts in which such actions shall be depending, may order special writs of distringas or habeas corpora to issue, by which the sheriff, or such other officer to whom the said writs shall be directed, shall be commanded to have six out of the first twelve of the jurors named in such writs, or some greater number of them, at the place in question, some convenient time before the trial, who then and there shall have the matters in question shewn to them by two persons in the said writs named, to be appointed by the court; and the said sheriff or other officer, who is to execute the said writs, shall, by a special return upon the same, certify that the view hath been had according to the command of the said writs. [See the Act at length, Part II. Class I. No. 23.] [ No. LIX. ] 10 Anne, c. 14.-An Act for the reviving and continuing several Acts therein mentioned, for the preventing Mischiefs which may happen by Fire; for building and repairing County Gaols; for exempting Apothecaries from serving Parish and Ward Offices, and serving upon Juries; and relating to the returning of Jurors. [IV. 4 and 5 W. and M. c. 24. farther continued for seven years, by 9 Geo. I. c. 8. § 2-7 and 8 W. III. c. 32.-1 Annæ, st. 2. c. 13.-3 and 4 Annæ, c. 18.3 Geo. II. c. 25.-6 Geo. II. c. 37.] ་ V. AND whereas by the said Act made in the seventh and eighth years of the said King William, it is enacted, That from and after the four and twentieth day of June, One thousand six hundred ninety-six, no person shall be returned or summoned to serve upon any jury of the assizes, or general gaol delivery, to be holden for the county of York, or at any sessions of the peace to be holden for any part thereof, (the city of York, and county of the said city, and town and county of Kingston upon Hull, excepted) above once in four years, and some doubt having arisen on what is to be understood by any sessions of the peace to be holden for any part thereof;' therefore for explaining the same words, and avoiding any dispute that may hereafter be made touching the construction thereof; Be it enacted and declared, That the same shall be construed to extend, not only to any sessions of the peace to be holden for any of the ridings within the said county of York, but also to any sessions of the peace that shall be holden by adjournment for any part of the said ridings, or any of them. No. LIX. 10 Anne, c. 14. 7&8 W.3.c.32. § 7. explained. VI. Provided nevertheless, That if any person interested in such estate, Not to extend as will qualify him to serve on juries, of the clear yearly value of one to exempt any hundred and fifty pounds, or of any greater yearly value, shall serve as persons from a juror at any of the said sessions or adjournments, he shall not thereby serving as jube exempted from serving as a juror at the assizes or general gaol deli-rors at the asvery to be holden for the said county of York, for the said term of four sizes for the said county. years, or any other term; any thing in the said recited Acts, or any of them, or in this present Act, contained to the contrary thereof in any wise notwithstanding. [ No. LX. | 12 George I. c. 31.-An Act for the better Regulating Trials by Nisi Prius in the County of Middlesex. WH 12 George I. c. 31. WHEREAS in and by an Act of Parliament made in the eighteenth year of the reign of Queen Elizabeth, intituled, "An Act for Trial of Nisi Prius in the County of Middlesex," power is respectively 18 Eliz. c. 12. 'given to the Chief Justice of the King's Bench, the Chief Justice of the Common Pleas, and the Chief Baron of the Court of Exchequer for the ' time being, and in the absence or default of any of them, to two other judges or barons of the same several courts, where it shall happen either of the same chief justices, or chief baron for the time being, to be absent, to try issues as justices of nisi prius for the said county of * Middlesex within the term-time, or within four days next after the end ' of any term; and whereas the restraining the time for such trials, after the term, to four days, hath frequently occasioned delay of justice, and 'the requiring the presence of two judges or barons, in the absence of any of them the said chief justices or chief baron, is found by experience to be very inconvenient: For remedy thereof, Be it enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in Parliament assembled, and by the authority of the same, That from and after the first day of Easter term, in the year of our Lord One thousand seven hundred and twenty-six, it shall and may be lawful to and for the Chief Justice of the King's Bench, the Chief Justice of the Common Pleas, and the Chief Baron of the Court of Exchequer for the time being, and every of them respectively, and in the absence or default of any of them, to and for any other judge or baron of the said several courts, where it shall happen either of the said chief justices, or the chief baron for the time being, to be absent, as justices of nisi prius for the said county of Middlesex, within the term or within the space of eight days after the end of any term respectively, to try all such issues, as by the said Act they or any of them are enabled to try, in such place and manner, and with and under such powers, authorities and provisions, as in and by the said recited Act, or any other Act of Parliament or law whatsoever concern The chief justices or chief baron, and in their absence, any other judge or baron in term, or within eight daysafter, may try issues at nisi prius. No. LX. 12 George I. c. 31. Sheriffs, &c. are to give attendance, &c. as by 18 Eliz. provided. 3 Geo. II. c. 25. List of jurors Act 7 & 8 W. and 3 & 4 Ann. to be made from the rates in each parish, and yearly fixed upon church doors. ing the premises, are prescribed and contained; any thing in the said recited Act to the contrary hereof in any wise notwithstanding. II. And be it further enacted by the authority aforesaid, That all sheriffs, officers, ministers, parties, witnesses, jurors, and other persons whatsoever, who by the said recited Act were required to give attendance upon the said chief justices and chief baron, or other judges and barons, or to make return of process, or do or execute any other matters or things whatsoever, relating to trials to be had by virtue of the said recited Act, shall be charged and obliged respectively to give their attendance, make return of process, and do and execute all other matters and things whatsoever relating to any trials to be had by virtue of this Act, in the like manner, and under the like penalties and forfeitures as in or by the said recited Act are expressed or provided, as fully and effectually to all intents and purposes, as if the same and every of them had been repeated and inserted in this present Act. [No. LXI.] 3 George II. c. 25.-An Act for the better regulation of Juries. WH HEREAS many evil practices have been used in corrupting of No. LXI. 3 George II. c. 25. inserted by mistake who ought to be omitted out of such lists; and if any person or persons, not being qualified to serve on juries, shall find his or their name or names mentioned in such list, and the person or persons required to make such list shall refuse to omit him or them, or think it doubtful whether he or they ought to be omitted, it shall and may be lawful to and for the justices of the peace for the county, riding, Persons not or division at their respective general quarter sessions, to which the said qualified may lists shall be so returned, upon satisfaction from the oath of the party be relieved at complaining, or other proof, that he is not qualified to serve on juries, the quarter sessions. to order his or their name or names to be struck out or omitted in such list, when the same shall be entered in the book to be kept by the clerk of the peace for that purpose, pursuant to the said Act. 20s. II. And be it further enacted, That if any person or persons required Wilfully omitby the said Acts to return or give in, or by virtue of this Act to make ting or insertup any such list, or concerned therein, shall wilfully omit out of any ing wrong persuch list any person or persons whose name or names ought to be inserted, sons, forfeits or shall wilfully insert any person or persons who ought to be omitted, or shall take any money or other reward for omitting or inserting any person whatsoever, he or they so offending shall, for every person so omitted or inserted in such list, contrary to the meaning of this Act, forfeit the sum of twenty shillings for every such offence, upon conviction before one or more justice or justices of the peace of the county, riding or division where such offender shall dwell, upon the confession of the offender, or proof by one or more credible witness or witnesses on oath; one half thereof to be paid to the informer, and the other half to the poor of such parish or place for which the said list is returned; and in case such penalty shall not be paid within five days after such conviction, the same shall be levied by distress and sale of the offender's goods by warrant or warrants from one or more justice or justices of the peace, returning the overplus, if any there be; and the said justice or justices, before whom such person shall be convicted of such offence, shall, in writing under their hands, certify the same to the justices at their next general quarter sessions which shall be held for the county in which the person or persons so omitted or inserted shall dwell, which justices shall direct the clerk of the peace for the time being to insert or strike out the name or names of such person or persons as shall by such certificate appear to have been omitted or inserted in such lists, contrary to the meaning of this Act; and duplicates of the said lists, when Duplicates of delivered in at the quarter sessions of the peace, and entered in such the lists to be book to be kept by the clerk of the peace for that purpose, shall, during transmitted to the continuance of such quarter sessions, or within ten days after, be the sheriff. delivered or transmitted by the clerk of the peace to the sheriff of each respective county, or his under-sheriff, in order for his returning of juries out of the said lists; and such sheriff or under-sheriff shall immediately take care that the names of the persons contained in such duplicates shall be faithfully entered alphabetically, with their additions and places of abode in some book or books to be kept by him or them for that purpose; and that every clerk of the peace neglecting his duty therein shall forfeit the sum of twenty pounds to such person or persons as shall inform or prosecute for the same, until the party be thereof convicted upon an indictment before the justices of the peace at any general quarter sessions of the peace to be holden for the same county, riding, division or precinct. III. And be it further enacted, That in case any sheriff, under-sheriff, bailiff or other officer to whom the return of juries shall belong, shall summon and return any person or persons to serve on any jury in any cause to be tried before the justices of assise or nisi prius, or judges of the said great sessions, or the judge or judges of the sessions for the said counties palatine, whose name is not inserted in the duplicates so delivered or transmitted to him or them by such clerk of the peace, if any such duplicate shall be delivered or transmitted, or if any clerk of assize, judge's associate or other officer, shall record the appearance of any person so summoned and returned as aforesaid, who did not really Penalty on she riff, &c. returning any person whose name is not in the duplicate. Clerk of assize recording ap pearances when the party did not appear, to be fined. |