Fees of Constables sub

year ensuing, and till another be appointed in my place, according to the best of my "skill and knowledge.

"So help me God.”

In particular instances the Quarterly Sessions mitted to the have cognizance of the fees of Constables for justices in the execution of certain parts of their duty.

sessions.

Special Constables are entitled to a reasonable remuneration for their services in executing In felonies. warrants in cases of FELONY, to be allowed by two Justices, subject to the confirmation of the Justices at the next Quarter Session, whose order on the treasurer of the county for payment is necessary. And by a similar mode of proceeding, high Constables are to be remunerated for extraordinary exertions in cases of TUMULT, RIOT, OR FELONY.*

In Parochial business,

Also in the execution of PAROCHIAL BUSTNESS, Constables, and all persons acting in the capacity of: Constables, having delivered their accounts to the overseers of the poor of their respective parishes, are placed ultimately under the controul of the Justices in Session, respecting the liquidation of such accounts, where any dispute or difference of opinion arises upon them. And the Justices so assembled have moreover a power of laying down any rules and regulations prospectively, respecting such

* 41 Geo. 3, c. 78.

allowances to Constables generally for such 'occasions, subject to the approbation of the judge of assize.*

non-atten

All Constables duly appointed who neglect Fined for attending at the sessions, or answering when dance. their names are called over, are subject to be fined at the (reasonable) discretion of the court.†

Constables.

In such manner as Constables are appointed Removal of and by the like: authority, they are to be rehoved. So that if there be cause to remove an high Constable, dit ought not to be. done by a single Justice or two, but at the Quarter Sessions, or at least at a Special Session, where all the Justices for the district may have an opportunity of giving their opinions.‡

And for similar reasons the Sessions have power to remove all Constables on, proper cause § 164

after a quar

d3 And it is provided by statute, that if a Con-Discharged stable continue above a year in his office, ter's sevice. the Justices in Session may discharge him and

put another in his place. And if the Court refuse to discharge, a writ of mandumus will lie.T

May appoint The office of Constable: being principally a deputy. a ministerial office, he may appoint a deputy on any occasion to do a mere ministerial act, and this extends to all sorts of Constables ;* and so far as regards petty Constables (who are frequently women, or persons incapable from age and infirmity) they may appoint deputies to do the whole business of their office; but then such deputy must be accepted and sworn by a proper authority; in which case he must make all appearances for his principal, and execute all the acts of his office; for by the 'acceptance and swearing of the deputy, the principal is discharged from responsibility.†

THE JURORS are of course necessary attendants upon the Sessions, for the trial of prisoners. The proceedings, oath, misbehaviour, and punishment of Jurors, are subjects which come more properly under consideration in the succeeding chapter; but their qualifications exemptions, and the process for convening them, belong peculiarly to this.

:

Grand Jury. Juries are distinguished also into Grand, and Petit (or Petty) Juries. Grand Juries must consist of thirteen at least, but not of more than twenty three: of not less than thirteen, because

* 3 Burr. R. 1259.

† 3 Esp. R. 56.

every bill must be found by twelve at least ; of not more than twenty-three, lest there should be an equal division of opinions, in which event no bill could be found.*

1

ed.

Upon the summons of any Session of the How returnPeace, there goes out a precept under the hands and seals of two Justices of the county, division, &c. directed to the Sheriff, upon which he is to return 24 or more out of the whole county, division, &c. out of which the grand inquest are to be taken.....

Of the Grand Jurors returned, therefore, to the Quarter Session, it is not an unusual practice, after 15 or 16 names have been called, to consider the inquest as complete, and not to insist upon the remainder, who may happen to be present, serving.

1

A Petit Jury can only consist of 12, and Petit Jury. must be precisely that number, all of whom must agree in the verdict given; but they are taken by ballot out of the whole number returned, which is usually 48, (subject to challenge to be noticed hereafter) although the precept commonly requires only 24; but the award or precept to try a prisoner after he hath pleaded, is only venire facias twelve, and twenty-four are returned upon that panel.†

And, to the end that sheriff's may be the better Returning informed of persons fit to be returned on juries, lists.

and return

lists of ju

rors.

Precepts to the Justices at the Quarter Sessions next after the high and petty consta-24th June, shall issue forth their warrants unbles to make der the hands and seals of two or more of them, to the high constables, requiring them to issue forth their precepts to the petty constables, thereby directing and requiring them to meet together with the head constables, within fourteen days next after, at some usual place, where the petty constables shall prepare and make a true list, fair written,, and signed by them, of the names and places of abode, of all persons within their respective constablewicks, qualified to serve on Juries, with their titles and additions, between the ages of twenty-one and seventy; and any head constable failing to issue forth his precepts as aforesaid shall forfeit 10. and every petty constable failing to meet the head constable, and failing to prepare and make a true list, shall forfeit 57. and every such offender shall be prosecuted at the general assizes, sessions of Oyer and Terminer, or general gaol delivery, or sessions of the peace. Petty con- And the petty constable shall on request to inspect pa- any parish officer, who shall have in his cusrish rates. tody any of the rates for the poor, or land tax, have liberty to inspect such rates, and take the names of such persons qualified dwelling within their precincts.

stables may

* 3 & 4 Anne, c. 18.