XIV. And be it further enacted, that every sheriff, upon Juries to be the receipt of every such writ of venire facias, and precept returned from jurors' for the return of jurors, shall return the names of men con- book, by tained in the jurors' book for the then current year, and no sheriff, and others; and that, where process for returning a jury for by coroners the trial of any of the issues aforesaid, shall be directed and elisors. to any coroner, elisor, or other minister, he shall have free access to the jurors' book for the current year, and shall in like manner return the names of men contained therein, and no others; provided always, that if there shall be no jurors' book in existence for the current year, it shall be lawful to return jurors from the jurors' book for the year preceding.

returned as

XX. Provided always, and be it further declared and Juries in all enacted, that the court of King's Bench, and all courts of criminal oyer and terminer, gaol delivery, the superior criminal courts to be courts of the three counties palatine, and courts of ses- before. sions of the peace in England, and all courts of great sessions and sessions of the peace in Wales, shall respectively have and exercise the same power and authority as they have heretofore had and exercised in issuing any writ or precept, or in making any award or order, orally or otherwise, for the return of a jury, for the trial of any issue before any of such courts, respectively, or for the amending or enlarging the panel of jurors, returned for the trial of any such issue; and the return to every such writ, precept, award, or order, shall be made in the manner heretofore used and accustomed in such courts, respectively, save and except that the jurors shall be returned from the body of the county, and not from any hundred or hundreds, or from any particular venue within the county, and shall be qualified according to this act.

the same

XXII. And be it further enacted, that in any county in Judge of aswhich the justices of assize in England, or the justices size, &c. of the superior courts of the said counties palatine, or may direct the judges of the great sessions, in any county of Wales, panel for shall think fit so to direct, the sheriff or other minister to the criminal whom the return of the venire facias juratores, or other and civil process for the trial of causes at nisi prius, doth belong, sides, and may direct shall summon and impanel such number of jurors, not two sets of exceeding one hundred and forty-four, as such judges jurors to be or justices, respectively, shall think fit to direct, to summoned, serve indiscriminately on the criminal and civil side; and that, where such judges or justices respectively shall so direct, the sheriff or other minister shall divide such jurors equally into two sets, the first of which sets shall attend and serve for so many days at the beginning of each assize or great sessions, as such judges or jus tices respectively shall, within a reasonable time before the commencement of such assize or great sessions respectively think fit to direct, and the other of which sets shall attend

&c.

and serve for the residue of such assize or great sessions provided always, that such sheriff or other minister shall, in the summons to the jurors in each of such sets, specify whether the juror named therein is in the first or second set, and at what time the attendance of such juror will be required; and the sheriff or other minister to whom the return of the venire facias, juratores, or other process for the trial of causes at nisi prius doth belong, shall, upon his return of every such writ or process, annex thereto a panel containing the names, alphabetically arranged, together with the additions and places of abode, of the jurors in each of such sets; and during the attendance and service of the first of such sets, the jury on the civil side shall be drawn from the names of the persons in that set, and during the attendance and service of the second of such sets, from the names of the persons in such second set; provided always, that in any case wherein an order for a view shall have been obtained, as hereinafter mentioned, it shall be lawful for the judge before whom such case is to be tried, and he is hereby required, on the application of attendance the party obtaining such order, to appoint such case to be of the view tried during the attendance and service of that set of jurors in which the viewers, or the major part of them, are included.

In case of views, the

judge to appoint trial during the

ers.

Where ju

rors are to

&c. court may order

special writs

of venire

facias, &c.

XXIII. And be it further enacted, that where, in any case, either civil or criminal, or on any penal statute, deview lands, pending in any of the said courts of record at Westminster, or in the counties palatine, or great sessions in Wales, it shall appear to any of the respective courts, or to any judge thereof in vacation, that it will be proper and necessary that some of the jurors, who are to try the issues in such case, should have the view of the place in question, in order to their better understanding the evidence that may be given upon the trial of such issues, in every such case such court, or any judge thereof in vacation, may order a rule to be drawn up, containing the usual terms, and also requiring, if such court or judge shall so think fit, the party applying for the view to deposit in the hands of the undersheriff, a sum of money to be named in the rule for payment of the expenses of the view, and commanding special writs of venire facias, distringas, or habeas corpura, to issue, by which the sheriff or other minister, to whom the said writs shall be directed, shall be commanded to have six or more of the jurors named in such writs, or in the panels thereto annexed (who shall be mutually consented to by the parties, or, if they connot agree, shall be nominated by the sheriff, or such other minister as aforesaid), at the place in question, some convenient time before the trial, who then and there shall have the place in question shown to them by two persons in the said writs named, to be appointed by the court or judge; and the said sheriff, or other

minister who is to execute any such writ shall, by a special return upon the same, certify that the view hath been had according to the command of the same, and shall specify the names of the viewers.

pearance to

XXIV. And be it further enacted, that where a view Viewers in shall be allowed in any case, those men who shall have case of ap had the view, or such of them as shall appear upon the be sworn jury to try the issue, shall be first sworn, and so many upon the only shall be added to the viewers who shall appear, as jury first. shall, after all defaulters and challenges allowed, make up a full jury of twelve.

XXV. And be it further enacted, that the summons of Jurors to be summoned every man to serve on juries, not being special juries, in ten days beany of the courts aforesaid, shall be made by the proper fore the day officer, ten days at the least before the day on which the of attendjuror is to attend, by showing to the man to be summoned, ance, or in case he shall be absent from the usual place of his abode, by leaving with some person there inhabiting, a note in writing, under the hand of the sheriff, or other proper officer, containing the substance of such summons; and and for spe. cial jurors the summons of every man to serve on special juries in any three days. of the courts aforesaid, shall be made by the like persons, and in the like manner, as aforesaid, three days at the least before the day on which the special juror is to attend provided always, that this act shall not require any longer time

for summoning any jurors in the city of London, or county London juof Middlesex, than has been heretofore by law required, rors. nor shall give any longer time for the return of any writ of venire facias, habeas corpora, or distringas, than has been heretofore by law required; but that, where there shall not be ten days between the awarding of such writ, and the return thereof, every juror may be summoned, attached, or distrained, to appear at the day and time therein men. tioned, as he might heretofore have been.

XXVII. And be it further enacted, that if any man shall Challenge. be returued as a juror for the trial of any issue, in any of the courts herein before mentioned, who shall not be qualified according to this act, the want of such qualification shall be good cause of challenge, and he shall be discharged upon such challenge, if the court shall be satisfied of the fact; and that, if any man returned as a juror for the trial of any such issue shall be qualified in other respects according to this act, the want of freehold shall not on such trial, in any case, civil or criminal, be accepted as good cause of challenge, either by the crown or by the party, nor as cause for discharging the man so returned upon his own application, any law, custom, or usage to the contrary notwithstanding; provided that nothing herein contained shall extend in any wise to any special juror.

Proviso as to special jurors.

Where chal

XXVIII. And be it further enacted, that no challenge lenges not

02

admitted.

The king shall only challenge for cause.

Prisoner al

shall be taken to any panel of jurors for want of a knight's being returned in such panel, nor any array quashed by reason of any such challenge, any law, custom, or usage to the contrary notwithstanding.

XXIX. And be it further enacted, that in all inquests to be taken before any of the courts hereinbefore mentioned, wherein the king is a party, howsoever it be, notwithstanding it be alleged by them that sue for the king, that the jurors of those inquests, or some of them, be not indifferent for the king, yet such inquests shall not remain untaken for that cause; but if they that sue for the king will challowed 20 lenge any of those jurors, they shall assign of their chalperemptory challenges lenge a cause certain, and the truth of the same challenge only in fe- shall be inquired of according to the custom of the court; lony. and it shall be proceeded to the taking of the same inquisitions, as it shall be found, if the challenges be true or not, after the discretion of the court; and that no person arraigned for murder or felony shall be admitted to any peremptory challenge above the number of twenty.

XXX. And be it further enacted and declared, that it is and shall be lawful for his majesty's court of King's Bench, Common Pleas, and Exchequer, at Westminster, respectively, and for the judges of the said courts of the three counties palatine, and of the courts of great sessions in Wales, upon motion made on behalf of the king, or upon the motion of any prosecutor, relator, plaintiff, or demandant, or of any defendant or tenant in any case whatsoever, whether civil or criminal, or on any penal statute, excepting only indictments for treason or felony, depending in any of the said courts, and the said courts and judges respectively are hereby authorized, in any of the cases before mentioned, to order and appoint a special jury to be struck before the proper officer of each respective court, for the trial of any issue joined in any of the said cases, and triable by a jury, in such manner as the said courts respectively have usually ordered the same; and every jury so struck shall be the jury returned for the trial of such issue.

XXXI. And be it further enacted, that every man who shall be described in the jurors' book for any county in England or Wales, or for the county of the city of London, as an esquire or person of higher degree, or as a banker or merchant, shall be qualified and liable to serve on special juries in every such county in England and Wales, and in London respectively; and the sheriff of every county in England and Wales, or his under-sheriff, and the sheriffs of London, or their secondary, shall, within ten days after the delivery of the jurors' book for the current year to either of them, take from such book the names of all men who shall be described therein as esquires, or persons of higher degree, or as bankers or merchants, and shall re

spectively cause the names of all such men to be fairly and Special jutruly copied out in alphabetical order, together with their rors' list. respective places of abode and additions, in a separate list, to be subjoined to the jurors' book, which list shall be called "the special jurors' list," and shall prefix to every name in such list its proper number, beginning the numbers from the first name, and continuing them in a regular arithmetical series down to the last name, and shall cause the said several numbers to be written upon distinct pieces Proceedof parchment or card, being all as nearly as may be of ings prepaequal size, and, after all the said numbers shall have been ratory to so written, shall put the same together in a separate drawer striking or box, and shall there safely keep the same, to be used for the purpose herein after mentioned.

special jury.

tiine and

the

jury.

XXXII. And be it further enacted, that whenever any Officer of of the courts or judges above-mentioned shall order a special court is to jury to be struck before the proper officer of such court, appoint the such officer shall appoint a time and place for the nomi- place for nation of such special jury; and a copy of the rule of nominating court, and of such officer's appointment, shall be served on special the under-sheriff of the county in England or Wales in which the trial is to be had, or on the secondary of the city of London, if the trial is to be had there, and also on all the parties who have usually been served with the same respectively, in the accustomed manner; and the said offi- Mode of cer, at the time and place appointed, being attended by striking spesuch under-sheriff or secondary, or his agent, who are cial jury. hereby respectively required to bring with them the jurors' book and such special jurors' list, and all the numbers so written on distinct pieces of parchment or card, as aforesaid, shall, in the presence of all the parties in any of the cases aforesaid, and of their attorneys (if they respectively choose to attend, or if the said parties or their attorneys, all or any of them, do not attend, then in their absence), put all the said numbers into a box, to be by him provided for that purpose, and after having shaken them together shall draw out of the said box forty-eight of the said numbers, one after another, and shall, as each number is drawn, refer to the corresponding number in the special jurors' list, and read aloud the name designated by such number; and, if at the time of so reading any name, either party, or his attorney, shall object that the man whose name shall have been so referred to is in any manner incapacitated from serving on the said jury, and shall also then and there prove the same to the satisfaction of the said officer, such name shall be set aside, and the said officer shall, instead thereof, draw out of the said box another number, and shall in like manner refer to the corresponding number in the said list, and read aloud the name designated thereby, which name may be in like manner set aside, and other numbers and names shall in every such case be resorted to, according to the mode of proceeding herein