rors on in quests, &c. LII. And be it further enacted, that no man shall be Qualificaliable to be summoned or impanelled to serve as a juror tion of juin any county in England or Wales, or in London, upon any inquest or inquiry to be taken or made by or before any sheriff or coroner, by virtue of any writ of inquiry, or by or before any commissioners appointed under the great seal, or the seal of the Court of Exchequer, or the seals of the courts of the said counties palatine, or the seals of the courts of great session of Wales, who shall not be duly qualified according to this act to serve as a juror upon trials at nisi prius in such county in England or Wales, or in London respectively provided always, that nothing herein contained shall extend to any inquest to be taken by or before any coroner of a county by virtue of his office, or to any inquest or inquiry to be taken or made by or before any sheriff or coroner of any liberty, franchise, city, borough, or town corporate, not being counties, or of any city, borough, or town being respectively counties of themselves, but that the coroners in all counties, when acting otherwise than under a writ of inquiry, and the sheriffs and coroners in all such places as are herein mentioned, shall and may respectively take and make all inquests and inquiries by jurors of the same description as they have been used and accustomed to do before the passing of this act. LIII. [Sheriffs, coroners, and commissioners may fine jurors for non-attendance.] LV. And be it further enacted, that all fines to be im- How fines posed under this act by any of the king's courts of record and penalties shall be at Westminster, or any of the superior courts, civil or recovered. criminal, of the three counties palatine, or by any court of assize, nisi prius, oyer and terminer, or gaol delivery, or by any court of sessions of the peace in England, or by any court of great sessions or sessions of the peace in Wales, shall be levied and applied in the same manner as any other fines imposed by the same court. LVIII. [Persons sued for any thing done in pursuance of this act may plead the general issue-double costs.] LIX. [Venue to be laid in the county where the fact is committed.] LX. And be it further enacted, that from and after the Writs of passing of this act, it shall not be lawful either for the attaint to be king, or any one on his behalf, or for any party or parties, abolished., in any case whatsoever, to commence or prosecute any writ of attaint against any jury or jurors, for the verdict by them given, or against the party or parties who shall have judgment upon such verdict; and that no inquest shall be taken to inquire of the concealments of other inquests, but that all such attaints and inquests shall henceforth cease, be Embracers come void, and be utterly abolished, any law, statute, or usage to the contrary notwithstanding. LXI. Provided always, and be it enacted and declared, and corrupt that notwithstanding any thing herein contained, every perjurors pun- son who shall be guilty of the offence of embracery, and ishable by fine and im. every juror who shall wilfully or corruptly consent thereto, prisonment. shall and may be respectively proceeded against by indict Not to affect powers un repealed. ment or information, and be punished by fine and imprisonment, in like manner as every such person and juror might have been before the passing of this act. LXIV. Provided also, that nothing herein contained shall extend or be construed to extend, to alter, abridge, or affect any power or authority which any court or judge now hath, or any practice or form in regard to trials by jury, jury process, juries or jurors, except in those cases only where any such power or authority, practice or form, is repealed or altered by this act, or is or shall be inconsistent with any of the provisions thereof, nor to abridge or affect any privilege of parliament. SCHEDULE. Warrant for returning Lists of Jurors. County of To the High Constable [or to to wit. one of within the the High Constables] of the Hundred [Lathe, Wapentake, 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, in the said county, the day of at year Clerk of the Peace, in the for the said County, [Riding, or Division.] County of to wit, Hundred of Precept for returning Lists of Jurors. To the Churchwardens and Overseers of the Poor of the Parish [or, To the Overseers of the Poor of the Township] of By virtue of a warrant from the clerk of the peace of the said county, [riding, or division], unto me directed, you are hereby required to make out, before the first day of September next, a true list in writing, in the form hereunto annexed, containing the names of all men, being natural-born subjects of the king, between the ages of twenty-one and sixty, residing within your parish [or township,] qualified to serve upon juries; that is to say, of every such man who has in his own name, or in trust for him, a clear income of ten pounds by the year in lands or tenements, whether of freehold, copyhold, or customary tenure, or of ancient demesne, situate in the said county, or in rents issuing out of any such lands or tenements, or in such lands, tenements, and rents taken together, in fee simple or fee tail, or for his own life, or for the life of any other person; and also of every such man who has a clear income of twenty pounds by the year in lands or tenements situate in the said county, held by lease for the absolute term of twenty-one years, or some longer term, or for any term of years determinable on any life or lives; and also of every such man who is a householder in your parish [or township,] and is rated or assessed to the poor-rate, or to the inhabited house duty, on a value of not less than twenty pounds [if in Middlesex, 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. : all 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; ministers of any congregation of Protestant Dissenters, whose place of meeting is duly registered, provided they follow no secular occupation except that of a 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 serjeants 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 attorneys, 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 Colleges 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 fuli pay; all pilots licensed by the Trinity House of Deptford, Stroud, Kingston-upon-Hull, or Newcastle-upon-Tyne, 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 expense of which the said county, the day of High Constable. in The Form of Precept in Wales is to be altered according to the difference of qualification. County of to wit. Form of Return. of The Return of the Churchwardens and Overseers [or of Note. The FIRST and SECOND SECTIONS of this act are founded on a variety of repealed statutes, which it is not necessary to enumerate. It is not material whether the juror has the freehold in his own or his wife's right, or absolutely, or upon condition: 2 Haw. P. C. c. 43, s. 13. A member of parliament, during the session, has been held to be exempt: 3 Bac. Abr. 758. Should any pers on under the age of 21, or not pospassing some one of the necessary qualifications, be actually sworn on the jury, it will vitiate the verdict: The THIRTEENTH SECTION provides for an alteration in the venire facias juratores and in the general precept for the return of jurors before the courts therein mentioned. This refers, in the first place, to the particular writs or precepts in the nature of venire facias which, in some courts, are supposed to be awarded, and in others are actually awarded after issue joined, and, in the second place, to the general precepts made to the sheriffs, preparatory to the session of the different criminal courts. In courts of gaol delivery, there is no actual writ of venire issued, it having become the practice of that court to take the jury out of the panels only on the parol award of the judge: see 1 Chit. Cr. L. 507, and the cases there cited. The venire, however, is supposed in law to have been issued, and is accordingly entered on the record: see 4 Blac. Comm. Appendix. It is said, that justices of the peace may also award a venire by parol in cases of felony : 2 Inst. 568. Lord Hale, however, is of a different opinion; and states that their proceedings as to the venire ought to be similar to those of justices of oyer and terminer; 2 H.P. C. 261. Justices of oyer and terminer, though they may arraign and try a prisoner for treason or felony on the same day, and may therefore award a venire returnable immediately, R. v. Benstead, Cro. Car. 583, R. v. Brown, 1 Sid. 335, 2 Haw. P. C. c. 41, s. 4, 2 Inst. 568; yet cannot do this by parol, it being necessary that the venire should be on parchment, in the names and under the seals of the commissioners, or three of them, whereof one of the quorum: 2 Inst. 568; 2 H. P. C. 27. A writ of venire is also issued where the proceedings are removed by certiorari into the Court of King's Bench, and there must be fifteen days between the teste and return: Lord Sanchar's case, 9 Rep. 118; 2 Haw. P. C. c. 41, s. 3. For various forms of general precepts to sheriffs to summon juries from the different justices of oyer and terminer, gaol delivery, and the peace, see 4 Chit. Cr. Law, chap. 6, p. 171, and Impey's Office of Sheriff; and see also Burn, titles, "Riot" and "Forcible Entry." By the TWENTIETH SECTION it appears that the courts therein mentioned have the same power as formerly, not only of issuing any writ or precept, but of making any award or order, orally or otherwise, for the return of a jury. They have, therefore, still the power of awarding a tales de circumstantibus; a power which they derived from several repealed statutes: see 2 Haw. P. C. c. 41, s. 18. A tales under these statutes cannot be granted on the return of the venire, but only after a habeas corpora or distringas: R. v. Inhub. of Stretford, 2 Lord Raym. 1170. It will also be seen by the same section, that these courts may exercise the same power as heretofore, in amending or enlarging the panel of jurors. By the 3 Hen. 8, c. 12, justices of the gaol delivery and of the peace were empowered to reform the panels of jurors, by taking out the names of individuals and inserting others, at their discretion: this power is therefore still reserved to them. The same section also provides, that the returns to the writs, precepts, awards, or orders of these courts shall be made as before, with the exception therein mentioned. When the sheriff receives the precept or writ from the justices of the gaol delivery, previous to the assizes, he issues his warrants, directed to the bailiffs, six days before the judges arrive, commanding them to summon the jurors, and reciting the precept. At the sessions the justices issue a warrant, directed to the high constable, commanding him to issue precepts to all the petit constables, in order the better to enable the sheriff to make his return to the venire: 1 Chit. Cr. L. 510. For the |