No. LV. 7 & 8 W. III. c. 32. Writs of ven' fae', &c., to be good in law. On writs of Hab' Corp', &c. on default of a sufficient num others to be returned, 35 H. 8. c. 6. Plaintiff or de fendant or tenant, in any action depending in any of the said courts, shall be minded to bring to trial any issue joined against him, when by the course in any of the said courts he may lawfully do the same by proviso, such defendant or tenant shall or may, of the issuable term next preceding such intended trial, to be had at the next assizes, sue out a new venire facias to the sheriff, in form aforesaid, by proviso, and prosecute the same by writ of habeas corpora, or distringas, with a nisi prius, as though there had not been any former venire facias sued out or returned in that cause, and so toties quoties as the matter shall require. II. And be it also enacted and declared by the authority aforesaid, That every writ of venire facias, and every writ of habeas corpora, or distringas, with a nisi prius, sued out and prosecuted, according to the purport and direction of this Act, and all trials, entries, and proceedings thereupon, shall be good and warrantable by law, and not be erroneous, or be assigned or assignable for error; any former law or usage to the contrary thereof in any wise notwithstanding. 6 III. And forasmuch as very frequently unfit persons are named by sheriffs or their under sheriffs to serve as jurors upon the tales, where a tales may be prayed or demanded, by virtue of the statute in that case provided; Be it further enacted by the authority aforesaid, That ber of jurors, in every writ of habeas corpora, or distringas, with a nisi prius, where a full jury shall not appear before the justices of assize or nisi prius, or else after appearance, where by challenge of either of the parties the jury is like to remain untaken for default of jurors, the sheriff or other minister or ministers, to whom it shall appertain to return the tales-men, shall, upon the awarding the tales, at the command of such justice or judge of assize, return freeholders or copyholders of the county where the cause is to be tried, who shall be returned upon some other panel to serve at the same assizes, and shall be then attending the court where such trial is to be had, to serve upon such tales, and not any others, if so many out of the other panels be present in court, or can there be found; and that either of the parties, plaintiff or defendant, demandant or tenant, shall and may have his challenge to the jurors so named, added, and annexed, to the said former panel, by the sheriff or other minister or ministers aforesaid, in such wise, as if they had been impanelled upon the venire facias awarded to try the issue; and that the said justices and judge of assize shall and may proceed to the trial of every such issue, with those persons who were before impanelled and returned, with these tales-men so newly added and annexed to the said former panel by virtue of this Act, in such case as he or they might and ought to have done, if all the said jurors returned upon the writ of venire facias awarded to try the said issue had appeared to try the same; and that all and every such trial had, after the four and twentieth day of June One thousand six hundred ninety six, shall be good and effectual in the law, to all intents, constructions, and purposes whatsoFreeholder,&c. ever: And in case any such freeholder, or copyholder, as the said not appearing, sheriff, or minister or ministers shall return upon the tales, as is aforesaid, being present at such return made, shall be called and not appear, or after his or their appearance, shall wilfully withdraw himself from the said service, then in such case the justices or judge of assize, who shall award such tales, shall and may set a fine upon every such person making default, or wilfully withdrawing himself. fendant may challenge such jurors, as if impanelled on the ven' fac'. Judge may proceed to trial. to be fined. Constables, &c. to give in a list of persons fit to serve on juries, with their places of abode, and titles. IV. And that all sheriffs of counties may be the better informed of persons qualified, who are to be returned for trials of issues joined in the Courts of Chancery, King's Bench, Common Pleas, or Exchequer, or to serve upon juries at assizes, sessions of Oyer and Terminer, general gaol delivery, and sessions of the peace: Be it further enacted by the authority aforesaid, That all constables, tythingmen, and headboroughs of towns in each county, or their deputies, or some or one of them, shall 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 the Archangel, upon the first day No. LV. c. 32. of the said sessions, or upon the first day that the said sessions shall be held by adjournment at any other particular division or place, return 7 & 8 W. III. and give 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 such juries, with their titles and additions, between the age of one and twenty years and the age of seventy years, to the justices of the peace in open court; which said justices, or any two of them, at the said sessions, in the respective counties, ridings, or divisions, shall cause to be delivered a duplicate of the aforesaid returned list, by the clerks of the peace of every county or riding, to the sheriffs or their deputies, on or before the first day of January next following, and cause the said lists to be fairly entered into a book, by the clerk of the peace, to be by him provided and kept for that purpose amongst the records of the said court of sessions; and no sheriff shall impanel or return any person or Constables persons to try any of the issues joined in any of the said courts, or to be subscribing or serve in any jury at the assizes, sessions of oyer and terminer, gaol such lists in the delivery, or sessions of the peace, that shall not be named or mentioned presence of in the said list; and any constable, tythingman, or headborough, failing at any time to make the return aforesaid, shall forfeit and incur the penalty of five pounds to his Majesty and successors, to be recovered by bill, plaint, or information. 'V. And that the summons of persons qualified for the services afore'said may not be so uncertain as hath been practised by officers therein, to the great injury and grievance of persons liable to the aforesaid 'services,' Be it further enacted by the authority aforesaid, That every summons of any person qualified to any of the aforesaid services shall be made by the sheriff, his officer or lawful deputy, six days before at the least, shewing to every person so summoned the warrant, under the seal of the office wherein they are nominated and appointed to serve; and in case any juror so to be summoned, be absent from the usual place of his habitation at the time of such summons, in such case notice of such summons shall be given by leaving a note in writing, under the hand of such officer, containing the contents thereof, at the dwellinghouse of such juror, with some person there inhabiting in the same. VI. And, to the end that sheriffs may not incur any penalty, to suffer any damage, by summoning or returning any person named in the lists or books of jurors transmitted to them from the respective quartersessions as aforesaid, for not having such estates as qualify such persons to be jurors: Be it enacted by the authority aforesaid, That the said return to the said justices shall be a good excuse and bar in law for the said sheriff for such summons and returns; and if any action or information shall be brought or prosecuted against any sheriff for such return, the said sheriff may plead the general issue, and give this act in evidence; and if the plaintiff be nonsuited, discontinue his action, or if a verdict be given for the defendant, or a noli prosequi be entered in any information, or a verdict pass for the defendant thereupon, the plaintiff or informer shall pay treble costs, to be awarded by the court, in which such action or information was prosecuted, and levied by usual process: And if the said sheriff, his deputy or deputies, bailiff or bailiffs, shall summon and return any freeholder or copyholder, to any of the aforesaid services, otherwise than as aforesaid, or in any ways neglect his or their duty or duties in the service or services of them required respectively by this Act, or excuse any person or persons for favour or reward, or allow of any writ of non ponendis in assizis et juratis, or other writ, to excuse or exempt any person or persons from the service of any jury or juries, under the age of seventy years, such sheriff, deputy, or bailiff shall, for every transgression committed against this Act, forfeit the sum of twenty pounds, to be recovered by such party or parties grieved or injured, or whom else shall sue for the same, in any of the courts of record at Westminster, by action of debt, bill, plaint, or information, wherein no essoign, privilege, protection, or wager of law, shall be allowed, nor any more than one imparlance. VII. And whereas the county of York (being a very large county) one justice, &c. is sufficient by Geo. 2. c. 25. 3 sect. 6. Summons to be made by the sheriff under seal six days before the juror is to serve. Return to the justices a good excuse for the sheriff, &c. Made perpetual by 3 Geo. 2. c. 25. and 6 Geo. 2. c. 37. hath many persons therein qualified to serve upon juries at assizes, general gaol delivery, and sessions of the peace; yet by the corrup tion of sheriffs, and their under officers, the burden of that service is 'forced upon a very few, to their oppression and grievance: Be it therefore further enacted by the authority aforesaid, That from and after the four and twentieth day of June One thousand six hundred and ninety-six, no person shall be returned or summoned to serve upon any jury at the assizes, or general gaol delivery, to be holden for the said 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 to the end it may appear what persons have been summoned, and have served as jurors at any former assize or gaol delivery to be holden for the said county of York, or at any sessions of the peace holden for any part of the said county of York; every sheriff of the said county for the time being shall prepare and keep a book or register, wherein the names of all such persons who have served as jurors, with their additions and places of abode, and the times and places of such their services, shall be alphabetically entered and registered, which books and registers shall from time to time be delivered over to the succeeding sheriff of the said county, within ten days after he shall be sworn into his office; and every juror who shall be summoned, and shall serve at any the said assizes, general gaol delivery, or sessions aforesaid, shall and may, at the end of every such assize and general gaol delivery, or sessions aforesaid, repair to the sheriff, or under sheriff of the said county for the time being, to have his and their names entered in the said book or register kept for the purpose aforesaid, of which he shall have a certificate upon his immediate request gratis, from the sheriff, or under sheriff for the time being, testifying such his attendance and service done. VIII. And whereas two several panels of jurors have been usually ' returned to serve on the grand inquest; and that many more panels have been sometimes returned for trials in civil causes, at the assizes 'held for the said county of York; which was found to be more than necessary, and burthensome to the persons there qualified for the said service; Be it further enacted by the authority aforesaid, That from henceforth any one panel consisting of forty-eight freeholders and copyholders, and no more (each person having fourscore pounds land per annum) shall be returned to serve on the grand inquest, and no more than ten panels, consisting of twenty-four jurors in each panel, shall be returned to serve upon trials in civil causes, at any assizes to be holden for the said county of York (except only where special juries are directed to be returned by rule of court) and that at no one quarter-sessions of the peace, to be holden for the said county, or within any of the ridings within the same, or in any place where such sessions of the peace shall be holden by adjournment, or otherwise, within the same county, shall be returned above the number of forty persons, to serve either upon the grand inquest, or other service there; any law or usage to the contrary notwithstanding. IX. And whereas the inhabitants of the city and liberty of West‘minster serve in all juries in the Courts of King's Bench, Common Pleas, and Exchequer, and likewise at the sessions of the peace which (by 'virtue of his Majesty's commission) is quarterly held for the said city and liberty;' Be it further enacted by the authority aforesaid, That from henceforth the said inhabitants of the city and liberty of Westminster shall be, and are hereby exempted from serving in any jury at the sessions before the justices of the peace for the county of Middlesex. 'X. And whereas by an Act made in the fourth and fifth years of the reign of King William and Queen Mary, intituled, "An Act for reviving, continuing, and explaining several laws therein mentioned, which are expired, and near expiring," amongst other things, there were several good clauses and provisions made and enacted, for returning able and sufficient jurors for trials of issues joined in any of the 'Courts of King's Bench, Common Pleas, or Exchequer, or before jus 6 Class IX.] Juries and Trials. 'tices of assize, or Nisi Prius, Oyer and Terminer, gaol delivery, or No. LV. general quarter sessions of the peace; which Act as to so much thereof 7 & 8 W. HII: as did relate to the returning of jurors, was to be in force for the space of three years, from the first day of May One thousand six hundred ninety-three, and from thence to the end of the next session of Parliament, which by experience hath been found beneficial and useful;' Be it enacted by the authority aforesaid, That the said Act, as to so much thereof as doth relate to the returning of jurors, shall be and is hereby continued, and shall be in force, together with this Act, for the space of seven years, from the first day of May One thousand six hundred ninety-six, and from thence to the end of the next session of Parliament, and no longer. XI. Provided always and be it enacted by the authority aforesaid, That this Act, or the said Act, or any thing therein contained, shall not extend to give or require any longer time for the summoning of any juries that are to try any issues joined in any of the said courts, that are triable by jurors of the city of London, or county of Middlesex, than was by law required before the making of the said Act; nor shall extend or be construed to give any longer time, or other day, for the return of any writ, precept, or process of venire facias, habeas corpora, or distringas, for the summoning, attaching, or distraining of any jury to appear, than was by law required before the making of the said Act; but that where there shall not be six days between the awarding of such writ, precept, or process, and return thereof, every juror may be summoned, attached, or distrained to appear, at the day and time therein mentioned or appointed, as he might have been before the making of the said Act; any thing herein or therein contained to the contrary in any wise notwithstanding. XII. Provided, That this Act, or any thing therein contained, shall not extend to the city of London, nor to any other county of any city or town within this realm, nor to any town corporate that have power by charter to hold sessions of gaol delivery, or sessions of the peace for such town. [No. LVI.] 1 Anne, st. 2. c. 13.-An Act for continuing III. AND whereas divers persons within the county of York, liable to c. 32. as tothe returning able jurors, continued for seven years. Neither of the Acts to give longer time for summoning juries, than by law required, nor for return of writs, &c. Juror to appear at the time appointed, &c. This Act not to extend to London, &c. 1 Anne, st. 2. c. 13. Persons in the county of York having anestate of 150l. per ann. &c. shall not be returned on juries at the sessions, &c. No. LVII. c. 18. 3 & 4 Anne, [ No. LVII.] 3 and 4 Anne, c. 18.-An Act for making perpetual an Act for the more easy Recovery of small Tithes; and also an Act for the more easy obtaining Partition of Lands in Coparcenary, Joint Tenancy, and Tenancy in Common; and also for making more effectual and amending several Acts relating to the Return of Jurors. ap. 4 and 5 William & Mary, c. 24. III. AND whereas in an Act made in the Session of Parliament held in the fourth and fifth years of the late King William and Queen Mary, intituled, "An Act for reviving, continuing, and explaining several laws therein mentioned, which are expired and near expiring," there are several good clauses and provisions relating to the returning of jurors, which clauses and provisions were by the said Act to continue in force for seven years after the first of May One thousand 'six hundred ninety-three, and to the end of the next Session of Parliament: And whereas the said clauses and provisions relating to the 7 & 8W.3.c.32. returning of jurors were, by an Act made in the seventh and eighth years of the late King William the Third, intituled, "An Act for the 1 Annæ, stat. 2. c. 13. Penalty on sheriff of York not keeping a register book of jurors' names. 6 ease of jurors, and better regulating of juries," continued for seven years, from the first of May One thousand six hundred ninety and six, and from thence to the end of the next Session of Parliament, and no longer; which said last mentioned Act was also to continue but for the 'said term of seven years, from the first of May One thousand six hundred ninety and six, and to the end of the next Session of Parliament: And whereas the said Act made in the said Session of Parliament held in the seventh and eighth years of the late King William the Third, was by an Act made in the first year of the reign of her present Majesty, intituled, "An Act for continuing former Acts for exporting Leather, and for ease of Jurors, and for reviving and making 'more effectual an Act relating to Vagrants,” continued for seven years 'from the expiration thereof, and to the end of the next Session of Parliament: And whereas the said clauses, provisions, and Act have not proved effectual, by reason of some defects in the said Act;' For remedy whereof be it enacted by the authority aforesaid, That if any sheriff of the said county of York shall, after the first day of May One thousand seven hundred and five, during the continuance of the said Act, refuse or neglect to provide and keep such book, or register, as in the said recited Act is directed; or shall refuse or neglect to enter therein the Dames of the persons who served as jurors in any the assizes or general quarter-sessions of the peace, to be held in or for the said county, or any the ridings therein, in or during the time he shall be sheriff of the said county, with the additions and places of abode, and time and places of such their services, in such manner as in and by the said recited Act is directed; or shall refuse or neglect, within ten days after the next succeeding sheriff of the said county shall be sworn into his office, to deliver over to such succeeding sheriff, as well all and every the books and registers that shall be made or prepared in the year wherein he shall have served sheriff, as also all such other books or registers as were prepared in the sheriffwick of any of his predecessors, sheriffs of the said county, within four years then next before, and which were delivered over to him by any of his said predecessors; or shall refuse or neglect to make and deliver, by himself or his under-sheriff, such certificate gratis, as in the said recited Act is mentioned, that then every such sheriff of the said county of York, so refusing or neglecting in all or any the said cases aforesaid, shall for every such offence forfeit the sum of one hundred pounds, one moiety whereof shall be to the use of her Majesty, her heirs or successors, and the other moiety to such person or persons as shall sue for the same, in any of her Majesty's Courts of Record at Westminster, by action of debt, bill, plaint, or information, wherein no essoign, protection, or wager of law, nor more than one imparlance shall be allowed. |