38 In an appeal, if one plead not guilty, 52 turned on the tales if there be enow, 14 576 f. 15 55 The diftringas or habeas corpora, with a claufe to add thofe on the venire is the first process against a tales, but it cannot be granted with a nifi prius. unless previously returned 576 f. 16 56 Whether a subsequent tales shall take notice of the jurors returned on a former tales de circumftantibus 567 f. 17 57 The ftatutes which authorife a tales extend to all capital cafes; but fuch a tales cannot be prayed for the king without a warrant from the attorneygeneral, or order of the court 567 f. 18 57458 Tales is not grantable by juftices of gaol-delivery, and quere if by oyer and terminer; therefore fuch courts order a larger panel, and not a tales. and the other plead a release, there must be feveral venires Page 573 39 Where there are three defendants, the plaintiff may join two in one venire, and take out another against the third ibid, (N) 40 Where the fame jury is returned on a joint procefs against feveral, if a juror be challenged by any one defendant, he is by neceffary confequence drawn as to all the others 573 69 41 But where one jury is jointly returned before juftices of gaol-delivery, for the trial of feveral defendants, they may fever the panel 573 574 42 If an appellant take out a joint venire against all the appellees, he cannot afterwards take out feveral ones 574 43 If no judgment be given that the juror who is challenged fhall be drawn, but only that he shall stand aside for a time, he may try those who do not actually challenge him 573 f.9 (N) 44 Where procefs may be taken out by the defendant in criminal cafes by propif; that is with a claufe, that if two writs come to the fheriff he shall execute one of them only 45 IN WHAT MANNER A TALES IS 575 f. 11 46 In an appeal, if a full jury do not appear, or fo many be challenged and drawn that fufficient jurors do not remain, the appellant may pray a tales ibid. If a full jury do not appear and the plaintiff pray a difringas without praying a tales, the court ought to grant it at the prayer of the defendant ibid (N) 48 In capital cafes a rales may be granted for a larger even and certain number than the first procefs; but in all other cafes the tales must be lefs 575 f. 12 49 A tales de circumftantibus, may be of any uncertain number ibid. (N) 50 But every fubfequent tales, in capital as well as other cafes, must be for a lefs number than the former, except the former tales were quafhed 575 f. 13 51 The quafhing the array of the principal panel doth not qualh the tales, but the inqueft fhall be taken of those re 47 GRANTABLE Sed quere 567,568 59 If but one juror appears, and he is challenged, there may be twelve talesmen fworn to try the cause, Note in marg. 60 By 42 Edw. 3. c. 11. no inquest shall be by writ of nifi prius, before the names of jurors impanelled be returned into court 577 f. 20 61 This ftatute extends as well to crimi nal as to civil cafes and to jurors on a tales as well as to thofe on the principal panel 577 21 62 But it is the practice of justices of oyer and terminer for treason, to proceed on the venire and not to award any babeas corpora 577 f. 22 63 By 7 & 8 Will. 3. c. 3. perfons indicted for high treafon, &c. fhall have a copy of the panel of the jurors two days before the trial 57723 64 By 7 Ann. c. 21. a lift of the jury, mentioning IS TO BE RETURNED to have land; sed quere, if by the common law the want of it was not a challenge to the favour only Page 583 (N) The ule of a freehold in his own or his wife's right, whether abfolute upon condition, of inheritance, or for lite, is fufficient if it be in the county, and in poffeffion at the time the juror is fworn 584 79 By 21 Edw. 1. c. 38. jurors, except in cities, burghs, or trading towns, fhall have tenements of 40 s. yearly 584 1.14 80 Whether the want of this qualifica tion be a cause of challenge ibid. 81 By 2 Hen. 5. c. 3. none fhall be upon the inqueft for the death of a man, &c. unless he have land of 405. a year clear of all charges: the want of this fhall be good caufe of challenge · f. 15 82 In capital crimes this ftatute extends as well to the collateral iffue as to the general iffue 5846 16 83 A ceftuy que trust of a freehold of 405. yearly in the fame county is a competent juror within the ftatute 584 f. 17 But a feoffee in truft, or a remainder man, &c. is not within the aft mentioning the name and place of abode, fhall be delivered ten days be fore the trial in the prefence of two witnesses Page 567, 56878 65 The mode of complying with the di rections of this act, is by motion to the king's bench for a rule upon the sherif to deliver to the profecutor a list of the jurors he intends to return upon the panel 568 Note in marg. 66 A tales de circumftantibus may be awarded upon a trial de medietatem lingue 592 67 BEFORE WHAT COURT THE JURY 578 ch. 42 68 By the common law it is returnable only into the court where the profecu tion is depending ibid 69 But the rat. Weft. 2 c. 30. having ordained that "all pleas of ealy examination fhall be determined in the country by nifi prius," an issue joined in the king's bench for an offence com mitted in a different county may be tried in the proper county by writ of nifi prius 578 f. 2 70 This ftatute does not extend to the king, and in cafes where he is a party the writ ought to be granted by his fpecial warrant, or by the affent of the attorney-general 578 3 71 And the court has refused a nifi prius to the attorney general, till the king's warrant was procured; becaule the cafe feemed to require great examina578 (N) 72 How jurors may be challenged on the part of the king, and how on the part of the prifoner (Vide Challenge) 579.10 583 73 OF THE QUALIFICATION OF JURORS 583 f. 12 74 At common law there was no neceflity that jurors fhould have any freehold, before juftices in eyre, or in cities or burghs 75 Neither was a freehold to a certain value in any cafe neceffary .ibid. 76 The want of a freehold is a good challenge to a juror in all cafes not otherwife provided for by ftatute ibid. 77 For flues are to be returned upon jurors, which implies that they ought 90 tion 84 585 85 This ftatute is repealed as to treatoes 585 f. 18 86 By 23 Hen. 8. c. 13. jurors in cities, boroughs, and towns corporate, who are worth 401. in goods fhall not be challenged for defect of freehold on the trial of murders and felonies at their feffions or gaol delivery 58; f. 19 87 This act fhall not extend to any knight or efquire dwelling in fach i y, &c. &c. 585 1. 201 88 By 11 Hen. 7. c. 21. and 4 Hen. 8. c. 3. provifion is made for the q‚alifi cation of jurors in London 585 f. 21 89 By 4 & 5 Will. & Mary, c. 25. all ibid. jurors, other than in tria's per medietatem lingua, thall have tol. a year,` above reprizes, of freehold, copyhold, or ancient demefne lands, or in rents, &c. &c. in England. ln Wales every fuch juror fhall have 61. a year 54 586 And any perfon who has 5 1. in England, land, and 31 in Wales, may be returned On a tales Page 586 f. 23 91 By 3 Geo. 2. c. 24. perions having 201, a year in land in poffeffion, &c. may be put in the freeholders' book, and ferve on juries as freeholders ibid. 92 By 3 Geo, 2. c. 25. jurors in London fhall be householders, and have a perfonal eftate of 100l. or they may be challenged ibid. 93 In other counties, cities, or places, none fhall be fummoned to serve any jury for the trial of any capital offence who are not therein qualified to serve as jurors in civil caufes, and they may the jury must be continued (Vide Dif 107 A jury fworn and charged in a ca- JUSTICE S. Procefs. Gaol delivery. Affize. be challenged for that caufe in voir Vide Oyer and Terminer. Courts. Bail. dire 94 By 4 Geo. 2. c. 7. in Middlefex, leafe 586, 587 holders of 50 l. a year may be fummon-JUSTICES of the PEACE.-Vide Con ferators. Coroner. Attachment. Selfins. Efcape. Conftables. Examination. Bail. Commitment. Arrest. By z Edw. 3. c. 16. it is ordained that in every county, good and lawful men, &c. fhall be affigned to keep the peace 45 f. 13 2 By 4 Edw. 3. c. z. juftices affigned to keep the peace fhall not bail those who are not mainpernable, and they fhall tranfmit their indictments to the juftices of gaol-delivery 3 4 98 Jurors are punishable by attachment for non-attendance; or the court may impose a fine for the default 220 f. 14 99 No juror fhall be liable where the inqueft could not be taken if he had appeared ibid. 100 In what cafes a juror fhall lofe his iffues, and in what cafes he fhall be fined ibid. 101 Quere whether a juror be amerciable for not appearing at the return of the ficut alias, &c. where the first venire was not ferved ibid. 102 If a juror refuse to be sworn he may be fined or attached 221 f. 15 103 So alfo for refufing to give any verdict at all, or for endeavouring to im-5 pofe on the court, or for misbehaviour after departure from the bar, or for fending or receiving inftructions from either of the parties 221 f. 15 to 20 104 How far jurors are punishable in their JUDICIAL CAPACITY 221 to 225 105 In what manner the process against 6 46 By 18 Edw. 3. c. 2. they fhall, with other learned in the law, be affigned by the king's commiffion to hear and determine felonies and trefpaffes in the fame counties, and to inflict reasonable punishment 46 f. 15 By 34 Edw. 3. c. 1. they fhall restrain barrators, &c. and inquire of pillers and robbers, and arreft fuch as they find by indictment or fufpicion, and put them in prison, and take all that be not of good fame, &c. &c. 46 f. 16 6r f. 39 By 17 Rich. 2. c. 10. in every commiffion of the peace two men of the law fhall be affigned to deliver thieves and felons ·46, 47 By z Hen. 5. c. 4. the juftices named of the quorum, except, &c. fhall be refiant in the shire, and make their feffions` four times a year 47 f. 18 By 14 Hen. 6. the feffions in Middlefex fhall be two times in the year, or oftener if need be Page 47 f. 18 8 N. B. In this county it is ufual to hold eight feffions, four general, and four general quarter feffions ibid. (N) 9 By 2 Hen. 5. c. 1. juftices of the peace fhall be made by the advice of the chancellor, &c. without taking perfons } dwelling in foreign counties, &c. } 47 f. ig 10 N. B. The power of the chancellor extends only to the appointment of juf tices of the peace; he cannot punish them for malverfation; the king's bench may proceed against them by information, and the chancellor may turn them out of the commiffion ibid. (N) 11 By Mary c. 8. no fheriff fhall be a juftice of the peace during his office 47 f. 20 12 By 5 Geo. 2. c. 18. no attorney, folicitor, or proctor, fhall be capable of being a justice of the peace during the time he fhall practise ibid. 13 By 14 Geo. 2. c. 40. and 26 Geo. 2. c. 13 no common brewer, innkeeper, or distiller, fhall act as juftices in any matter concerning their refpe&tive trades 48 Note in marg 14 By 31 Geo. 2. c. 29. no miller, baker, &c. fhall be concerned in the affize of bread, &c. ibid 15 By 5 Geo. 2. c. 18. no perfon shall be qualified as a juftice of the peace for any county who fhall not have, in poffeffion a freehold, copyhold, cuftomary, or leafehold eftate on life of 1001. per annum clear of incumbrances; or who fhall not take the oath in the act prefcribed; on qui tam penalty of 1001. 48 16 In every profecution for defect of quali fication, the proof of it fhall lie on the juftice; but he may give notice of other lands than thofe mentioned in the oath, which he may adduce at the trial as a qualification ibid. 17 By Geo. 3. c. 13. juftices who have taken the oaths required by 18 Geo. 2. c. 20. fhall not incur the pemalty for omitting to take them again 7 18 None who have taken the oaths under a dedimus fhall be obliged to retake them, &c. 49 19 On a new commiffion the clerk of the peace fhall prepare a roll, with the oaths annexed, &c. and every justice who fhall fubfcribe the fame shall not be neceffitated to take the oaths again ibid. zo By 7 Geo. 3. c. 9 juftices are exempted from taking and fubfcribing the oaths above mentioned more than once in any reign ibid. 21 In general there is an act of indemai fication every feflions for fuch as have neglected to qualify (N) 2 22 By 9Geo. 3. commiffioners of the navy, &c. &c. may act as juftices of the peace in bringing offenders against the king's naval ftores to justice ibid. 23 Juftices of the peace are either by act of parliament, by charter, or by commiffion 50 (N) 3 24 The form of the commiffion of the peace 551 25 What STATUTES MAY BE EXECUTED BY JUSTICES OF PEACE 51 26 By virtue of their commiffion juftices may execute all ftatutes whatsoever for the better keeping of the peace 51,53 27 By 16 Geo. 2. c. 18. juftices of the peace may execute ftatutes relating to the poor, vagrants, highways, and parochial taxes, notwithstanding they are to be rated within the places for which they act 54 28 The reason of making this ftatute (N) 4 29 By 15 Geo. 3. c. 39. juftices are au thorised to adminifter oaths, in cases where they are empowered to act $3 30 Juftices have no coercive power when out of the county 531.29 31 Recognizances and informations voluntarily taken before them in any place are good ibid. 32 By 9 Geo. 1. c. 7. juftices for a county dwelling in a city within the county which is a county of itself, may act at their dwelling-houfe for the county at large 33 But 33. But they cannot hold their feffions | 45 Their ufual defcription in certioraris out of the county, nor authorife officers to intermeddle with the bufinefs of the city, &c. 34 Jeftices by their commiffion have an Page 53, 54 exprefs authority as well within liberties as without 35 They may execute their office within 54 a town which has a fpecial commission for itself, except fuch fpecial commiffion exclude them ibid. 36 It is questionable whether even fuc a fpecial claufe do abfolutely make void the act of the county juftice with. in the liberties of fuch town ibid. 37 But if they have express notice of fuch an exclufive commiffion, they may per haps be punishable for contempt of the king's prohibition ibid. 38 The crown may grant to any city to have juftices of their own, and exclude the county juftices from the ordinary bufinefs of a juftice of the peace 54(N)5 39 And in fach cafe the act of the county juftice will be void, and not merely a breach of the franchise ibid. 40 Where juftices are named generally, they have a concurrent jurifdiction with the other juftices, as their locality mav chance to be is by the name of keepers of the peace; and the caption of an indictment fo 46 The defcription of juftices by the name naming them is good Page 57 f. 32 of justiciarii domini regis ad pacem confervandum is good without faying ad pacem domini regis, for that is implied 47 By 26 Geo. 2. c. 17. no act, &c. 48 By 7 Geo. 3. c. 21. all acts done their commiffion authorites them to bear and determine felonies, which in general is given to those of the quorum only, and a certiorari has been quashed because it only mentioned justices of the peace, without adding they were affigned to bear and determine felonies. Sed quere 58 f. 33. P. 359 f. 121. p. 420 6.73 59 51 The claufe in the commiffion, to hear and determine felonies, gives juftices no jurifdiction over an offence which by ftatute is fpecially appointed to juftices Justices of the peace have no power to of ayer and terminer take an indictment on 5 Eliz. C. 14. 53 Nor on 2 & 3 Edw. 6. c. 24. conconcerning forgery ibid. cerning acceffaries in one county to fe 54 Yet by force of 2 & 3 Ph, & M. c. lonies in another ibid. ibid 41 By 15 Geo. 2. c. 24. juftices of the peace may commit offenders to the houfe of correction, who fhall be apprehended within the parish or place which contributes to fupport the fame 42 By 24 Geo. 2. c. 55. juftices of one 54955 County fhall indorfe warrants iffed by juftices of another for the apprehend-52 ing of felons who have efcaped from the county where the offence was committed; and if apprehended, and the offence be bailable, the juftices indorfing the warrant may admit fuch offender to bail, but if not bailable, or if he cannot find bail, he fhall be carried back and dealt with by the justice who iffued the warrant What commiffions of the peace re55,56 quire a fpecial fuit to the king for granting them 44 By what name justices of the peace are 56, 57 to be defcribed 43 57 of the peace, justices of the peace may ibid. |