(a) 11 H. 4. 41. pl. 8. Sum. 202. S. P. C. 88. 3 Inst. 33. (b) Cro. Car. 134. 147. 1 Jones, 198. 3 Inst. 34. (c) C. Car. 147. (d) Jones, 198. C. Car. 134. 147. Vide sup. s. 16. 2 Hale, 155*. For other parti culars relating to juries, vide 4 & 5 W. & M. c. 24. 7 & 8 W. 3. c. 32. 3 & 4 Ann. c. 18. 3 Geo. 2. c. 25. 4 Geo. 2. c. 7. s. 3. N. B. If the inhabitants of a hundred have enjoyed an immemorial ex emption from serving upon juries, they are not liable to be summoned under any of the different sta Sect. 28. (a) FIFTHLY, That if any one of the grand jury, who find an indictment, be within any one of the exceptions in the statute, he vitiates the whole, though never so many unexceptionable persons joined with him in finding it. Sect. 29. SIXTHLY, That if a prisoner, indicted of felony, offer to take any such exception, he shall, upon his prayer, have (b) counsel assigned him for his assistance in it. Sect. 30. (c) SEVENTHLY, That the court needs not admit of the plea of the outlawry of an indictor, in avoidance of any such indictment, unless he who pleads it have the record ready. Sect. 31. It seems somewhat questionable (d), whether outlawry in a personal action be within the purview of the statute. 66 Sect. 32. It is recited by the above-mentioned statute 3 Hen. 8. C. 12. "That many oppressions had been, by the untrue demeanour of sheriffs and their ministers, done to great numbers "of the king's subjects, by means of returning, at sessions "holden for the bodies of shires, the names of such persons, as "for the singular advantage of the said sheriffs and their minis"ters would be wilfully forsworn and perjured, by the sinister "labour of the said sheriffs and their ministers; by reason where"of many substantial persons (the king's true subjects) had been wrongfully indicted of divers felonies and other misbehaviour "by their covin and falsehood; and also sometimes by labour of "the said sheriffs, divers great felonies had been concealed, and "not presented by the said persons, by the said sheriffs and their "ministers partially returned, to the intent to compel the offenders to make fines, and give rewards to the said sheriffs and "their ministers." 66 66 And thereupon it is enacted, "That all panels be returned, "which be not at the suit of any party, that shall be made and put in by every sheriff and their ministers afore any justice of gaol-delivery, or justices of peace, whereof one to be of the "quorum, in their open sessions, to enquire for the king, shall "be reformed by putting to, and taking out of the names of the persons which so be impanelled by every sheriff and their ministers, by the discretion of the same justices, before whom "such panels shall be returned. And that the same justice and tutes relative to" justices shall command every sheriff, and their ministers in his absence, to put other persons in the same panel by their discretions: "and that the same panels so reformed by the said justices be "good and lawful. And that if any sheriff, or any their minister, "at any time do not return the same panels so reformed, that "then every such sheriff and minister so offending shall forfeit "for every such offence twenty shillings, &c." jurors. Douglas, 188. 2 Hale, 156*. 3 Inst. 33. Con. S. P. C. 88. 66 Sect. 33. It hath been resolved, that this statute doth not take away the force of the above recited statute of 11 Hen. 4. in any point wherein it doth not expressly vary from it; from whence it 4 St. Tr. 183. follows, that if any of the jurors who find an indictment be outlawed, or returned by a sheriff or bailiff, at the nomination of any other person, the indictment may be avoided in the same manner as before, by force of 11 Hen. 4. except such nomination be made made by the justices authorized by 3 Hen. 8. to reform that panel. As to the SEVENTH POINT, viz. Within what place the offences inquired of must arise. 4 Comm. 303. 203. 205. (c) 1 Bulst. C. Eliz. 137. Dyer, 69. Keble, 302. (d) C. Jac. 276. (e) C. Jac. 276. (ƒ) Keilw. 89. 33. 1 Sid. 312. Cro. Eliz. 606. Sect. 34. Notwithstanding it was anciently (a) holden, that if (a) 26 Ass. 32. one who had committed a robbery in the county of A. were F. Cor. 194. taken with the mainour in the county of B. he might be put to (b) 3 Inst. 49. Sup. s. 5. answer in the county of B. (by which I suppose it is intended Sum. 203. that he might be put to answer on an indictment found in the county of B.) and then tried by a jury from the county of A. yet it seems to be generally (b) agreed at this day, that by the common law, no grand jurors can indict any offence whatsoever, which doth not arise within the limits of the precincts for which they are returned. And upon this ground it hath been resolved to be a fatal exception to an indictment, that it doth not appear by it that the offence arose within the (c) county, or (d) riding, or (g) C. Eliz. (e) other special division, or (ƒ) precinct, for which the jury 157. which found it was returned: and à fortiori therefore it must be (h) C. Jac. 17. a (g) good exception, that it expressly appears by the indictment ()1 Bulst. 203. that the offence arose in a county, &c. different from that for Keilwood, 33. which the jury was returned. And it is (h) holden, that even the C. Jac. 167. finding of a collateral matter, expressly alleged in the indictment () 1 Sid. 345. to have happened in a different county, is void. But (2) some have holden, that if the county be expressed in the margin of an indictment, the vill or vills in which the offence is laid, shall be intended to be in the same county. But the greater (k) number of authorities require a greater certainty, as by expressly alleging such vill or vills to be in the county named in the margin, or in comitatu prædicto, which seems to be sufficient where but one Fosset, Easter county is named before; but to be (1) uncertain where a county Term, 12 Will. is named in the body of the indictment different from that in the 1 Pere Wms. margin. But it seems from the authority of (m) Baud's case, that 497 if a fact be alleged in B. juxta D. in comitatu E. being the same (m) C. Jac. 41. county for which the jury is returned, the county is set forth with (2) C. Jac. 345. sufficient certainty, because B. shall be intended to be in the same county with D. Also if one be indicted for a rescous from an arrest in the county of B. it hath been (n) holden, that it is needless to express the county wherein the rescous was done with greater certainty, because it shall be intended to have been in the same county wherein the arrest was (o); à fortiori therefore, if a fact be alleged at B. in the parish of C. in the county of D. Dyer, 69. it cannot but be intended that B. as well as C. is in the county () C. Eliz. 108. of D. 2 677.738.751. 3 P. Will. 439. confirmed in the case of Rex v. 3. F. Cor. 45. F. Attach. 1. F. Ret. de Visc. 32. Brief, 97. 3 H. 7. 11. 5 H. 7. 17. Andrews, 162. Sect. 35. But of whatsoever nature an offence indicted may be, whether local or transitory, as seditious words, or battery, &c. it seems to be (p) agreed, that if upon "not guilty" pleaded (p) Sum. 203. it shall appear, that it was committed in a county different from Kelynge, 15. that in which the indictment was found, the defendant shall be 2 Hale, 163. acquitted, as shall be shewn more at large in the chapter con cerning Evidence. Sect. 36. And therefore at the common law, if a man had died in one county of a stroke received in another, it seems to have been c. 13. s. 13. 6 H. 7. 10. (a) Vide B. 1. been the more (a) general opinion, that regularly the homicide was indictable in neither of them, because the offence was not complete in either, and no grand jury could inquire of what happened out of their own county. 10 H. 7. 28. F. Indict. 23. S Edw. 6. 24. Con, F. Cor. 37S. Indict. 24. 7 H. 7. 8. 10 H. 7. 20. F. Corone, 446. 2 Hale, But this inconvenience is remedied by 2 and 3 Edw. 6. c. 24. by which it is enacted, "That where any person shall be feloniously stricken or poisoned in one county, and die of the same "stroke or poisoning in another county, that then an indictment "thereof found by jurors of the county where the death shall happen, whether it shall be found before the coroner, upon the "sight of such dead body; or before the justices of peace, or "other justices or commissioners, which shall have authority to inquire of such offences, shall be as good and effectual in the "law, as if the stroke or poisoning had been committed and "done in the same county where the party shall die, or where "such indictment shall be so found." 66 Sect. 37. And it seems by the common law, if a fact done in (b) F. Bar. 279. one county prove a nuisance to another, it may be indicted in (b) Assize, 446. either county. 19 Assize, 6. (c) Keil. 160. Sect. 38. Also by the common law, if one guilty of larceny in one county carry the goods stolen into another, he may be indicted in (c) either, as hath been more fully shewn in the first Book, tit. "Larceny." (1) (1) In the cases of goods sent by land or watercarriage, which passed in their journey through several counties, when any article was stolen, and the theft not discovered until the end of the journey, it frequently became difficult, if not impossible, to lay a correct venue. So in many cases when the theft was committed on the boundary of two counties, a like difficulty occurred :—to obviate these difficulties the following statutes were passed, first: By stat. 59 Geo. 3. c. 27. after reciting, "That whereas felonies are frequently committed on board vessels employed in carrying and conveying goods, wares, and merchandize in or upon canals, navigable rivers, and inland navigations, in various parts of the united kingdom, as well by breaking open the casks and packages containing such goods, wares, and merchandize, as in various other ways: And whereas such felonies frequently remain undetected until the arrival of such vessels at the places of their destination; and in consequence of such canals and navigations passing through several counties, forming the boundaries of counties on each side or bank, it can seldom be known within what county such felonies may have been actually committed, and offences frequently escape unpunished from defect of proof that the felony with which they are charged was actually committed within the county in which such offenders may be indicted:" for remedy thereof it is enacted, "That from and after the passing of this "act, in any indictment for any felony committed "on board any barge, boat, trow, or other vessel "whatever employed or used in carrying or conIveying goods, wares, and merchandize, or in 41 Sect. "which any such goods, wares, or merchandize "shall be, in or upon any canal, navigable river or "inland navigation, in any part of the united king"dom of Great Britain and Ireland, it shall be suf"ficient to allege, that such felony was committed "within any county or city through any part "whereof such boat, barge, trow, or other vessel, "shall have passed in the course of the voyage or "journey during which such felony shall have been "committed; and in cases wherein the sides or "banks of any navigable river, canal, or inland "navigation, or the centre thereof, shall constitute "the boundary of any two counties or cities, it "shall be sufficient to allege that such felony was "committed in either of the said counties or cities through which, or any part thereof, such boat, "barge, trow, or other vessel, shall have passed in "the course of the voyage or journey during which "such felony shall have been committed; and " every such felony shall and may be inquired of, "tried, and determined in the county or city with"in which the same felony shall be so alleged to "have been committed; and all and every person "and persons who shall be convicted of any such "felony so to be inquired of, tried, and determined "as aforesaid, shall be subject and liable to all "such pains of death, and other pains, penalties, "and forfeitures, as such person or persons con"victed of such felony would have been subject "and liable to in case such felony had been in " quired of, tried, and determined in the county in "which the same felony was actually committed; "any law, statute, or usage to the contrary in any"wise notwithstanding: provided always, that no"thing herein contained shall extend, or be con "strued Sect. 39. Also if a man marry two wives, the first in a foreign (a) 1 Sid. 171. country, and the second in England, it is (a) holden, that he may Kelyn. 79, 80. 2 Hale, 164. be indicted and tried for it in England upon the statute of 1 Jac. 1. c. 11. which makes it felony; because the second marriage alone was criminal, and the first had nothing unlawful in it, and was merely of a transitory nature: but where the second marriage is in a foreign country, it hath been holden, that the party is not triable on the statute above-mentioned; but this seems contrary to the purview of it, as hath been more fully shewn in Vol. 1. chap. 32. p. 686. Sect. 40. Also if a woman be taken with force in one county, and carried into another, and there married, the offender may be indicted and tried in the second county, upon the statute of 3 Hen. 7. c. 2. against forcible marriage, because the continuance V. 1. 1. p. 125. of the force in such county amounts to a forcible taking within the statute. But if an offence in stealing, taking away, withdrawing, or avoiding a record, against the purport of 8 Hen. 6. V. 1. p. 268. c. 12. be committed partly in one county and partly in another, so as not to amount to a complete offence within the statute in "strued to extend, to affect the jurisdiction of the "High Court of Admiralty, or of any commission "for the trial of offences under an act passed in "the twenty-eighth year of the reign of King "Henry the Eighth, intituled, For Pirates." By stat. 59 Geo. 3. c. 96. after reciting, "That whereas felonies are frequently committed on stage coaches, stage waggons, stage carts, and other such carriages, employed in carrying and conveying goods, wares, and merchandize, travelling on the several highways in various parts of the united kingdom, as well by breaking open the casks and packages containing such goods, wares, and merchandize, as in various other ways: and whereas such felonies frequently remain undetected until the arrival of such carriages at the place of their destination, and in consequence of such highways leading through several counties, it can seldom be known within what county such felonies may have been actually committed, and offenders frequently escape unpunished from defect of proof that the felony with which they are charged was actually committed within the county in which such offenders may be indicted;" for remedy thereof it is enacted, "That from and after the passing of this "act, in any indictment for any felony committed " on any stage coach, stage waggon, stage cart, or "other carriage whatever, employed or used in "carrying or conveying goods, wares, and mer"chandize, or in which any such goods, wares, or " merchandize shall be, in or upon any highway "in any part of the united kingdom of Great Bri"tain and Ireland, it shall be sufficient to allege "that such felony was committed within any county or city through any part whereof such "stage coach, stage waggon, stage cart, or other "such carriage, shall have passed in the course of "the journey during which such felony shall have "been committed; and in all cases where any "highway shall form the boundary of any two "counties, it shall be sufficient to allege, that such "felony committed as aforesaid was committed in " either of the said counties through which or any " part whereof such stage coach, stage waggon, either, "stage cart, or other such carriage shall have pass"ed in the course of the journey during which "such felony shall have been committed; and "every such felon shall and may be inquired of, "tried, and determined in the county or city with"in which the same felony shall be so alleged to "have been committed; and all and every person " and persons who shall be convicted of any such "felony so to be inquired of, tried, and determined "as aforesaid, shall be subject and liable to all such "pains of death, and other pains, penalties, and "forfeitures as such person or persons convicted of "such felony would have been subject and liable "to, in case such felony had been inquired of, "tried, and determined in the county in which "the same felony was actually committed." Sect. 2. "And whereas felonies are sometimes committed on or so close to the boundaries of two or more counties, that the offenders escape unpunished from the defect of proof, that the felony with which they are charged was actually committed within the county in which such offenders may be indicted;" it is therefore enacted, "That from and after the passing of this act, in any indictment for any felony committed on the "boundary or boundaries of two or more coun"ties, or within the distance of five hundred yards "of any such boundary or boundaries, it shall be "sufficient to allege that such felony was commit"ted in either or any of the said counties; and " every such felony shall and may be inquired of, "tried, and determined in the county within which "the same felony shall be so alleged to have been "committed; and all and every person and per"sons who shall be convicted of any such felony "so to be inquired of, tried, and determined as "aforesaid, shall be subject and liable to all such (a) Vide Rex v. Amery, Trin. 26 Geo. 3. either, it is said that the party cannot be indicted for a felony in either, but only for a misprision. 66 Sect. 41. It is enacted by 26 Hen. 8. c. 6. " For the punish"ment and speedy trials, as well of the counterfeiters of any coin "current within this realm, washing, clipping, or minishing of "the same, as of all and singular felonies, murders, wilful burning of houses, manslaughters, robberies, burglaries, rapes, and "accessaries of the same, and other offences feloniously done "within any lordship marcher of Wales"-" That the justices of "the gaol-delivery, and of the peace, and every of them for the "time being in the shire or shires of England, where the king's " writ runneth (a), next adjoining to the lordship marcher, or "other places in Wales, where such counterfeiting, washing, Term Rep. 563." clipping, or minishing of any coin current within this realm, or "murder, shall be committed; or where any other felonies or "accessaries shall be committed; shall have full power at their "sessions and gaol-delivery to inquire by verdict of twelve men of "the same shire or shires next adjoining, within England, where "the king's writ runneth, there to cause all such counterfeiters, See the case of Parry v. Ro- washers, clippers of money, felons, murderers, and accessaries berts, Cases into the same, to be indicted according to the laws of this land, "in like manner and form as if the same petit treasons, murders, "felonies, and accessaries to the same, had been done within any "of the said shires within the said realm: And also to hear, de"termine and judge the same, according to the laws of the realm." Cro. Law. (b) 1 Mod. 64, 68. 2 Keble, 685. Sect. 42. And it seems generally to have been (b) holden, that the power given by this statute to the justices of gaol-delivery, Car. 247. 331. and of the peace, in the adjoining English counties, in relation to the offences therein mentioned, is not repealed by 34 and 35 Hen. 8. c. 26. which impowers the justices of the grand sessions in Wales to take indictments of such offences. 1 Hale, 157. (c) 1 Lev. 118. Athoe's Case, See this act more fully set forth But it hath been (c) resolved, that an acquittal on an indictment at the grand sessions is a good bar of an indictment for the same crime in an English county. + It has also been resolved, that this statute is not confined to the lordship marchers, but that the judges of assize, in the next adjacent English county, have a concurrent jurisdiction throughout all Wales with the justices of the grand sessions, and that a murder committed in Pembrokeshire, which is an ancient Welsh county, but no part of the lordship marchers, may be tried in the county of Hereford. 66 and expounded. Qu. Moor, 121. Sect. 43. By 28 Hen. 8. c. 15. "Treasons, felonies, and robberies, &c. upon the sea, &c. shall be inquired, &c. in such places in the realm as shall be limited in the king's commission, "in like manner as if such offences had been committed on the "land." Sect. 44. It hath been resolved, that this statute extends not to offences done in creeks or ports within the body of a county, because such offences were always cognizable by the common law. Sect. |