No. LXXV. 6 Geo. IV. c. 50. SCHEDULE. WARRANT for returning Lists of Jurors. County ofTO the High Constable [or, To to wit. } one of the High Constables] of the Hundred [Lathe, THESE are to require you, within fourteen days after the receipt hereof, to issue and deliver (in the form hereunto annexed, or as near thereto as may be,) your precepts to the churchwardens and overseers of the poor of the several parishes, and to the overseers of the poor of the several townships within your constablewick, requiring them to make out and return true lists of jurors, and you are at the same time to annex to each precept a sufficient number of the forms of returns left herewith, and if you find that the number now left with you is not sufficient for all the places in your constablewick, you are to apply to me for more; and you are further required to attend at a petty sessions in the last week of September next, of which you shall have due notice,) and such lists as you shall there receive you are to deliver to the next court of quarter sessions for this county [riding or division], on the first day of its sitting, and at the same time to make oath of your receipt of such lists, and that no alteration has been made therein since your receipt of them. If there is any parish within your constablewick that has no overseers of the poor except the churchwardens, you are in such case to treat them as the churchwardens and overseers of such parish, and to direct your precept, together with a sufficient number of forms of return, to them accordingly; and if there is any parish or township which extends into any other constablewick besides your own, you are to treat every such parish or township as within your constablewick, provided the principal church of such parish or township is situated within your constablewick, and you are to issue your precepts with a sufficient number of forms of return accordingly; and these several matters you are in nowise to omit upon the peril that shall ensue. Given under my hand, at in the said county, the day of in the year County of to wit. Hundred of Clerk of the Peace, for the said county [riding or division. PRECEPT for returning Lists of Jurors. To the Churchwardens and Overseers of the Poor of the of By virtue of a warrant from the clerk of the peace of the said county rated or assessed to the poor rate or to the inhabited house duty on a value of not less than twenty pounds [if in Middleser thirty pounds], and also of every such man who occupies a house in your parish [or township] containing not less than fifteen windows; and you are required to make out the said list in alphabetical order, and to write the christian and surname of every man at full length, and the place of his abode, his title quality calling or business, and the nature of his qualification in the proper columns of the forms hereunto annexed, according to the specimens given in such columns for your guidance. And if you have not a sufficient number of forms, you must apply to me for more; and in order to assist you in making out the list, you are to refer to the poor rate, and you may if you think proper, apply to any collector or assessor of taxes, or any other officer who has the custody of any house tax land tax or other tax assessment for your parish [or township], and take from thence the names of men so qualified: And in making such list you are to omit the names of all peers, all judges, all clergymen, all Roman Catholic priests who shall have duly taken and subscribed the oaths and declaration required by law; all ministers of any congregation of Protestant dissenters whose place of meeting is duly registered, provided they follow no secular occupation except that of schoolmaster, and produce to you a certificate of some justice of the peace of their having taken the oaths and subscribed the declaration required by law; all sergeants and barristers at law, all members of the society of doctors of law, and all advocates of the civil law if actually practising, and all attornies solicitors and proctors, if actually practising, and having taken out their annual certificates; all officers of the courts of law and equity, and of the admiralty and ecclesiastical courts, if actually exercising the duties of their respective offices; all coroners, all gaolers and keepers of houses of correction; all members and licentiates of the Royal College of Physicians in London, all members of the Royal Colleges of Surgeons in London Edinburgh and Dublin, and apothecaries certificated by the Court of Examiners of the Apothecaries' Company, if actually practising as physicians surgeons or apothecaries respectively; all officers of the navy and army on full pay; all pilots licensed by the Trinity House of Deptford Strond Kingston-upon-Hull or Newcastle-uponTyne, and all masters of vessels in the buoy and light service employed by either of those corporations, and all pilots licensed by the lord warden of the Cinque Ports, or under any Act of Parliament or charter for the regulation of pilots in any other port; all the household servants of his Majesty; all officers of customs and excise; all sheriff's officers high constables and parish clerks; and also all persons exempt by virtue of any prescription, charter, grant, or writ. And when you have made out such list, you are authorized to order a sufficient number of copies thereof to be printed [the expence of which printing will be allowed you by the parish or township], and you are required on the three first Sundays in September next, to fix a copy of such list signed by you, on the principal door of every church chapel or other public place of religious worship within your parish [or township], and also to subjoin to every such copy a notice to the following effect, inserting the time and place, of which you shall be previously informed: "Take notice, that all objections to the foregoing list will be heard by "the justices in petty sessions, on the day of September next, "at the hour of ;" and you must allow any inhabitant of your parish [or township] to inspect the original list, or a true copy of it, during the three first weeks of September next, gratis; and you are also further required to produce the said list at such petty sessions, and there to answer on oath, such questions as shall be put to you by his Majesty's justices of the peace there present, touching the said list; and these several matters you are in nowise to omit, upon the peril that may ensue. Given under my hand, at in the said county, the Day of at in the year The Form of Precept in Wales is to be altered according to the difference of No. LXXV. 6 Geo. IV. c. 50. VOL. III: qualification. Special Juries ments, &c., as Ju Actions, Judictments, &c., in Supe rior Courts, where the Venue is laid [No. LXXVI.] 6 Geo. IV. c. 51.-An Act for the Amendment of the Laws with respect to Special Juries, and to Trials in Counties of Cities and Towns, and Towns Corporate, in Ireland.-[22d June 1825.] WH HEREAS it is expedient that the laws relating to juries in Ireland should be assimilated to the laws in force in Great Britain, in the particulars herein-after mentioned; be it therefore enacted by the King's most excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, That from and after the passing of this Act it shall and may be lawful to and for his Majesty's Courts of King's Bench Common Pleas and Exchequer in Dublin respectively, upon motion made on behalf of his Majesty, his heirs or successors, or on inotion made on behalf of any prosecutor or defendant, in any indictment or in any information for any misdemeanor, or in any information in the nature of a quo warranto, depending or to be brought or prosecuted in the said Court of King's Bench, or in any information depending or to be brought or prosecuted in the said Court of Exchequer, to order and appoint juries to be struck before the proper officer of each respective court, for the trial of the issue joined in any of the said cases (and triable by a jury of twelve men), in such manner as special juries have been and are usually struck in such courts respectively upon trials at bar, to be had in the same courts, and in such manner as special juries have been and may be struck in other cases, under an Act made in the Parliament of Ireland, in the session holden in the seventeenth and eighteenth years of his late Majesty King George the Third, intituled An Act for the Amendment of the Law with respect to Outlawries, returning Special Juries, and the future Effects of Bankrupts in certain Cases, or under any other Act or Acts, or any law usage or custom in force in Ireland relating to special juries; any thing in the said recited Act of the seventeenth and eighteenth years of his said late Majesty's reign to the contrary in anywise notwithstanding. II. And be it further enacted, That from and after the passing of this Act, in every action, whether the same be transitory or local, which shall be prosecuted or depending in any of his Majesty's Courts of Record in Dublin, and in every indictment removed into his Majesty's Courts of King's Bench in Dublin by writ of certiorari, and in every information filed by his Majesty's Attorney or Solicitor General in Ireland, or by leave in the County of the Court of King's Bench in Ireland, and in all cases where any person of a City, or persons shal! plead to or traverse any of the facts contained in the reCounty of a turn to any writ of mandamus in Ireland, if the venue in such action inTown, or dictment or information be laid in any county of a city county of a town Town Corporate in Ireland or town corporate within Ireland, or if such writ of mandamus be directed the Court may direct the Issue to be tried by a Jury of the next adjoining County. c. 51. to any person or persons, or body politic or corporate in Ireland, it shall No. LXXVI. and may be lawful for the court in which such action, indictment, infor- 6 Geo. IV. mation, or other proceeding shall be depending, at the prayer and instance of any prosecutor or plaintiff or of any defendant, to direct the issue or issues joined in such action, indictment, information, or proceeding, to be tried by a jury of the county next adjoining to such county of a city county of a town or town corporate, and to award proper writs of venire or distringas accordingly, if the said court shall think fit and proper so to do. may be pre III. And be it further enacted, That it shall and may be lawful for any Indictments prosecutor or prosecutors to prefer his her or their bill or bills of indict- for Offences ment, for any offence or offences committed or charged to be committed in Counties of within any county of a city county of a town or town corporate in Ire- Cities, &c. land, to the jury of the county next adjoining to such county of a city ferred to Jury county of a town or town corporate, sworn and charged to inquire for the of County King for the body of such adjoining county, at any sessions of oyer and next adjointerminer or general gaol delivery; and that every such bill of indictment ing. found to be a trae bill by such jury, shall be valid and effectual in law, as if the same had been found to be a true bill by any jury sworn and charged to inquire for the King for such county of a city county of a town or town corporate. Coroner of County, and Defendants removed to IV. And be it further enacted, That if it shall appear to any court of Indictments oyer and terminer, or court of general gaol delivery for any county of a found by city county of a town or town corporate in Ireland, that any indictment Grand Jury or found by any grand jury of such county of a city county of a town or Inquisitions town corporate, or any inquisition taken before the coroner or coroners of taken before such county of a city county of a town or town corporate, or other franchise, is fit and proper to be tried by a jury of any next adjoining county, Towns, may it shall and may be lawful for the said court of oyer and terminer, or ge- be ordered by neral gaol delivery, at the prayer of any prosecutor or defendant, to order Court to be such indictment or inquisition, and the several recognizances examina- filed with tions and depositions relative to such indictments and inquisitions, to be Officer of next filed with the proper officer, to be by him kept among the records of the adjoining court of oyer and terminer and general gaol delivery for such next adjoining county, and to cause the defendant or defendants in such indictments to be removed by writ of habeas corpus to the gaol of such next adjoining county; which writ the said court is hereby directed and authorized to issue, if such defendant or defendants be in the prison of such county of a city county of a town or town corporate; and if such defendant or defendants be not in such prison, to commit such defendant or defendants to the gaol of such next adjoining county, and to cause the prosecutors and witnesses against such defendant or defendants to enter into a recognizance or recognizances to prosecute and give evidence against such defendant or defendants, at the sessions of oyer and terminer and general gaol delivery for such next adjoining county; and the same proceedings and trial shall or may be had and the same judgment shall or may be given in such lastmentioned court of oyer and terminer or general gaol delivery, as would and might be had and given in cases of indictments or inquisitions for the like offences committed within such next adjoining counties. Gaol thereof, &c. Sentence may be executed either in the County where Offender is convicted, or where Offence was commit V. And whereas it may be fit and expedient, that in certain cases the punishment should be inflicted and the sentence put in execution within the county of a city county of a town or town corporate within which the offence shall have been committed, be it therefore enacted, That it shall and may be lawful for the court before which any conviction shall have taken place in pursuance of the provisions of this Act, to order every the person convicted to be punished according to law, either within the county where such conviction shall have taken place, or within the county of a ted. city county of a town or town corporate wherein such offence shall have been committed; and in cases where the court shall order, such convict to be punished within such county of a city county of a town or town corporate, it shall and may be lawful for the court, after passing sentence upon every or any such convict, to order every or any such convict to be delivered into the custody of the sheriff or sheriff's, gaoler or other proper officer or offi No. LXXVI. 6 Geo. IV. c. 51. Judges of Persons in Custody to be removed into Custody of Sheriff of next adjoining County for Trial; and direct Coro ners to return Inquisitions, &c. cers of such county of a city county of a town or town corporate, and the sheriff or sheriffs, or gaoler, or other proper officer or officers of such county of a city county of a town or town corporate, is and are hereby commanded to receive into his or their custody every such convict or convicts, and to execute the sentence so passed upon such convict or convicts in such adjoining county, as if such convict or convicts had been tried and had received such sentence in such county of a city county of a town or town corporate. VI. And be it further enacted, That it shall and may be lawful for any King's Bench, of the judges of his Majesty's Court of King's Bench in Ireland, or any &c., may cause of the justices of oyer and terminer or general gåol delivery for any such next adjoining county as aforesaid, upon the application of any such prosecutor or prosecutors, ten days next before the holding of any sessions of oyer and terminer or general gaol delivery for such last-mentioned county, by proper writs of habeas corpus, which they are hereby empowered and authorized to issue, to cause any person or persons who may be in the custody of any sheriff or sheriffs, or of the keepers of any gaol or prison charged with any offence or offences committed within any county of a city county of a town or town corporate, to be removed into the custody of the sheriff of such next adjoining county, in order that such person or persons may, for such offence or offences as aforesaid, be tried in such last-mentioned county, and by order, under the hand of any one of the said judges or justices of oyer and terminer and general goal delivery, to direct the coroner or coroners of any such county of a city county of a town or town corporate, or other franchise, to return to the next court of oyer and terminer or general gaol delivery to be holden for such next adjoining county, any inquisition examination or deposition taken touching the death of any person or persons within the limits of his or their jurisdictions; and that whenever, in pursuance of this Act, any bill or bills of indictment shall be found by such grand jury as aforesaid, against any person or persons, for any offence or offences committed, or charged to be committed within any county of a city county of a town or town corporate, it shall and may be lawful for the said courts of oyer and terminer and general gaol delivery to issue process for apprehending the person or persons against whom such bill or bills of indictment shall be found if not in custody, and to compel the attendance of witnesses upon the trial of such indictments, in like manner as in cases of indictments found in any such court of oyer and terminer and general gaol delivery, for offences committed within such adjoining counties. Recogni zances entered into for Prosecution of Persons for Offences committed within the County of any City or Town, &c., forfeited, if Parties do not appear on Trial in adjoining County, on Notice. VII. And be it further enacted, That every recognizance which after the passing of this Act shall be entered into for the prosecution of any person or persons for any offence or offences committed or alleged to be committed within any county of a city county of a town or town corporate in Ireland, or within any liberty or franchise, and every recognizance for the appearance, as well of witnesses to give evidence upon any bill of indictment to be preferred, or any inquisition found for any such offence or offences as aforesaid, as for the appearance of any person or persons to answer our Lord the King for or concerning the same, shall be forfeited, if the prosecutor shall, ten days previous to the holding of the next court of oyer and terminer or gaol delivery in the next adjoining county, give notice to the person bound in such recognizance to give evidence upon such bill of indictment, or to answer to our said Lord the King as aforesaid, of the intention to prefer such indictment in, or to remove such inquisition into the next adjoining or other county, and the party bound in such recognizance shall not appear, prosecute or give, or be ready to give evidence at such court; but if the persou bound in such recognizance, after notice as aforesaid, shall appear at such court of the next adjoining county, and shall prosecute and give, or be ready to give evidence on such indictment before the grand jury, and on the trial thereof, or on the trial of such inquisition, then the said recognizance shall be discharged, in such and the like manner as if the person bound in such recognizance had complied with the terms thereof. |