form of the warrant, see 4 Chit. Cr. L. 176; Impey's Off. Sheriff, 263; Burn, J.tit. "Jurors." By the 25 SECTION, every summons of a jury must be made ten days before the juror is to attend; and by the latter part of the same section, it is provided, that the act shall not give any longer time for the return for any venire facias, habeas corpora, or distringas, than has been heretofore required. This seems to render nugatory the observations in 2 Haw. P. C. c. 41, s. 5; and 1 Chit. Cr. L. 513. To the general precept issued to summon jurors on a commission of gaol delivery, the sheriff makes no formal return, but the return to it is by a panel or panels, the title of which does not name any particular prisoner. The sheriff must personally make a return to the process, and show that he has complied with its requisitions: 1 Chit. Cr. L. 515; and see 4 Harg. St. Tri. 745. The 23 SECTION provides for a special writ of venire, in case of a view. In criminal cases, except in prosecutions for nuisances, it is seldom that a view is applied for. When it is allowed, the same rules will in general prevail, as in civil proceedings: Bac. Abr. Juries, H. It seems a view cannot be granted by judges at the assizes, but, if necessary, may be the ground of removal, by certiorari, into the King's Bench: 1 Chit. Cr. L. 483. The 27, 28, AND 29 SECTIONS, relate to challenges. Challenges, in respect of the parties taking them, are of two kinds: first, challenges by the prisoner; second, challenges by the king. Challenges by the prisoner are of two kinds: first, peremptory; second, for cause. Again, challenges for cause are of two kinds: first, to the array; second, to the polls: 2 H. P. C. 267. First, as to peremptory challenges. Per emptory challenges are permitted only on indictments for crimes. At common law, the prisoner was allowed, generally, thirty-five peremptory challenges. But, by the effect of various statutes, the prisoner has now, in cases of high treason, thirty-five peremptory challenges, and, in cases of murder and felony, twenty. A peremptory challenge, beyond the legal number, is void in all cases: 7 & 8 Geo. 4, c. 28. Challenges to the array or the polls may be made either by the crown or the defendant. Challenges to the array are in respect of the unindifferency or default in the sheriff or other officer who made the return, and not in respect of the persons returned; and, if the challenge to the array fail, recourse may be had to the challenge to the polls: Co. Litt. 156, b. Challenges to the array are either principal or for favour; the former are founded on some manifest partiality, and are, therefore, decisive; while the grounds of the latter, resting usually on some relationship or connexion of interest between one of the parties and the returning officer, are less certain, and left to the determination of triers: Co. Litt. 156, a.; Bac. Abr. Juries, E. Challenges to the polls are also either principal or for favour. The first consist of challenges propter honoris respectum, for which see 1 Chit. Cr. L. 540; propter defectum, as alienage, infancy, old age, deficiency of property, or want of the other requisites mentioned in the first section; propter affectum, or partiality, either actual or presumed (in which presumed partiality is included relationship to either party); and propter delictum, or infamy arising from attainder or conviction of treason, felony, &c., which last objection is not, it is said, cured by the king's pardon: 2 Haw. P. C. c. 43, s. 25. Challenges to the polls for favour, are when, though the juror is not so evidently partial as to give cause for a principal challenge, yet there are reasonable grounds to suspect that he will act under some undue influence or prejudice: 1 Chit. Cr. L. 544. No challenge can be made either to the array or the polls, before a full jury have made their appearance, ib.; and see R. v. Edmonds, 4 B. & A. 471; nor after they are sworn. The proper time, therefore, for challenging, is between the appearance and the swearing. The challenge, if made to the array, must be in writing, but not if made to the polls: 1 Chit. Cr. L. 156. For forms of challenges to the array, see Cro. C. C. 128, 2 Lill. Ent. 472. If the array be challenged, it lies in the discretion of the court how it shall be tried: 2 H. P. C. 275. If a principal challenge be made to the polls, for some apparent partiality, it is sufficient if the ground be made out to the satisfaction of the court, without any further investigation. But a challenge to the favour is left to the discretion of triers, Co. Litt. 157, b., 1 Chit. Cr. L. 549, who, being duly sworn, the trial proceeds by witnesses before them: Co. Litt. 158, a. The 30 SECTION of the statute empowers the courts at Westminster, &c., to order special juries to be struck for the trial of the issue in any civil and criminal cases depending in those courts, cases of treason and felony excepted, in such manner as they have usually or dered the same. SECTIONS 31 and 32 relate to the qualifications of the special jurors, and the mode of striking a special jury. Special jurors have never been permitted, except in misdemeanors, and then only when the prosecution is depending in the Court of King's Bench: 6 T. R. 525. An application for a special jury is not usually made in court; for the method of making it, see Hand. Prac. 18. The 38 SECTION relates to the fining of jurymen in certain cases. Upon the misbehaviour and punishment of jurors generally, see Kennedy, L. J. 107; and 1 Chit. Cr. L. 529. When the jurors depart from the bar, a bailiff is sworn to keep them together: Dalt. c. 185; 2 H. P. C. 296; and it is a general rule, that a jury sworn and charged in a capital case, cannot be discharged, without the prisoner's consent, till they have given a verdict: 2 H. P. C. c. 47, s. 1; Foster, 29 to 30. And if the trial be so long, that the court is adjourned, the jury must be kept by themselves: 6 T. R. 527. But, if a juryman be taken ill during the trial, another juror may, with the consent of the prisoner, be sworn and added to the other eleven, and the evidence redelivered to the jury: 2 Leach, 621, n.; R. & R. 224; and, even without the consent of the prisoner, the court may, under certain circumstances, discharge the jury, and charge a fresh jury with the prisoner; but it seems he must be again allowed his challenge to each of the former jurymen: R. v. Edwards, 4 Taunt. 309; Foster, 16. Upon the trial of a misdemeanor, which lasted more than one day, and the jury, without the knowledge of the defendants, separated at night, it was held that the verdict was not therefore void, nor did it form any ground for a new trial, no suspicion appearing of any improper communication with them having taken place: 2 B. & A. 462. On jurors de mediate, see 1 Chit. Cr. L. 525. No subject shall be sent to foreign pri sons. 306 KIDNAPPING. (See also titles "Abduction" and "Assaults.") 31 Car. 2, c. 2. XII. For preventing illegal imprisonments in prisons beyond the seas, be it enacted, &c. that no subject of this realm that now is, or hereafter shall be, an inhabitant or resiant of this kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, shall or may be sent prisoner into Scotland, Ireland, Jersey, Guernsey, Tangier, or into parts, garrisons, islands, or places beyond the seas, which are, or at any time hereafter shall be, within or without the dominions of his majesty, his heirs or successors, and that every such imprisonment is hereby enacted and adjudged to be illegal; and that, if any of the said subjects now is, or hereafter shall be, so imprisoned, every such person and persons so imprisoned, shall, and may, for every such imprisonment, maintain, by virtue of this act, an action or actions of false imprisonment, in any of his majesty's courts of record, against the person or persons by whom he or she shall be so committed, detained, imprisoned, sent prisoner, or transported, contrary to the true meaning of this act, and against all or any person or persons that shall frame, contrive, write, seal, or countersign any warrant or writing for such commitment, detainer, imprisonment, or transportation, or shall be advising, aidThe penalty, ing, or assisting in the same or any of them; and the plaintiff, in every such action, shall have judgment to recover his treble costs, beside damages, which damages so to be given, shall not be less than five hundred pounds; in which action, no delay, stay, or stop of proceeding, by rule, order, or command, nor no injunction, protection, or privilege whatsoever, nor any more than one imparlance, shall be allowed, excepting such rule of the court wherein the action shall depend, made in open court, as shall be thought in justice necessary, for special cause to be expressed in the said rule; and the person or persons who shall knowingly frame, contrive, write, seal, or countersign any warrant for such commitment, detainer, or transportation, or shall so commit, detain, imprison, or transport any person or persons contrary to this act, or be any ways advising, aiding, or assisting therein, being lawfully convicted thereof, shall be disabled from thenceforth to bear any office of trust or profit within the said realm of England, dominion of Wales, or town of Berwick-upon-Tweed, or any of the islands, territories, or dominions, thereunto belonging; and shall incur and sustain the pains, penalties, and forfeitures, limited, ordained, and provided in and by the statute of provision and præmunire, made in the sixteenth year of King Richard the Second, and be incapable of any pardon from the king, his heirs or successors, of the said forfeitures, losses, or disabilities, or any of them. earnest upon XIII. Provided, always, that nothing in this act shall ex- Persons retend to give benefit to any person who shall by contract in ceiving writing agree with any merchant or owner of any plantation, contracts to or other person whatsoever, to be transported to any parts be transbeyond the seas, and receive earnest upon such agreement, ported, exalthough that afterwards such person shall renounce such cepted. contract. XIV. Provided always, and be it enacted, that if any Persons person or persons, lawfully convicted of any felony, shall convicted of felony, and in open court pray to be transported beyond the seas, and praying the court shall think fit to leave him or them in prison for transportathat purpose, such person or persons may be transported tion, excepted. into any parts beyond the seas; this act, or any thing therein contained to the contrary notwithstanding. tions for XVII. Provided also, and be it enacted, that no person Prosecuor persons shall be sued, impleaded, molested or troubled, offences, for any offence against this act, unless the party offending within what be sued or impleaded for the same within two years at the time to be most after such time wherein the offence shall be commit- made. ted, in case the party grieved shall not be then in prison; and, if he shall be in prison, then within the space of two years after the decease of the person imprisoned, or his or her delivery out of prison, which shall first happen. XX. [In suits for offence against this law, the defendants may plead the general issue, &c.] LARCENY. 99 66 (See, also, titles, "Burglary," "Cheating,” Compounding 7 & 8 Geo. 4, c. 29. I. Whereas various statutes now in force in that part of the united kingdom called England, relative to larceny, and other offences of stealing, and to burglary, robbery, and threats for the purpose of robbery or of extortion, and to embezzlement, false pretences, and the receipt of stolen property, are, by an act of the present session of parliament, repealed from and after the last day of June, in the present year, except as to offences committed before or upon that day; and it is expedient that the provisions contained in those various statutes should be amended and consolidated into this act, to take effect at the same time as the said repealing act ;-be it therefore enacted, &c., that Commencethis act shall commence on the first day of July, in the pre- ment of act. sent year. Distinction II. And be it enacted, that the distinction between grand between larceny and petty larceny shall be abolished; and every grand and larceny, whatever be the value of the property stolen, petty lar ceny abolished. Punish ments for simple larceny. The court may, for all offences within this act, order hard labour or solitary confinement. Stealing public or private se curities for money, or circum shall be deemed to be of the same nature, and shall be subject to the same incidents, in all respects, as grand larceny was before the commencement of this act;-and every court, whose power as to the trial of larceny was, before the commencement of this act, limited to petty larceny, shall have power to try every case of larceny, the punishment of which cannot exceed the punishment hereinafter mentioned for simple larceny, and also to try all accessories to such larceny. III. And be it enacted, that every person convicted of simple larceny, or of any felony hereby made punishable like simple larceny, shall (except in the cases hereinafter otherwise provided for) be liable, at the discretion of the court, to be transported beyond the seas for the term of seven years, or to be imprisoned for any term not exceeding two years, and, if a male, to be once, twice, or thrice publicly or privately whipped (if the court shall so think fit), in addition to such imprisonment. IV. And, with regard to the place and mode of imprisonment for all indictable offences punishable under this act, be it enacted, that, where any person shall be convicted of any felony or misdemeanor punishable under this act, for which imprisonment may be awarded, it shall be lawful for the court to sentence the offender to be imprisoned, or to be imprisoned and kept to hard labour, in the common gaol or house of correction; and also to direct that the offender shall be kept in solitary confinement for the whole or any portion or portions of such imprisonment, or of such imprisonment with hard labour, as to the court in its discretion shall seem meet. V. And be it enacted, that if any person shall steal any tally, order, or other security whatsoever, entitling or evidencing the title of any person or body corporate to any share or interest in any public stock or fund, whether of warrants for this kingdom, or of Great Britain, or of Ireland, or of any goods, shall foreign state, or in any fund of any body corporate, combe felony, pany, or society, or to any deposit in any savings'-bank, or and punishable accord- shall steal any debenture, deed, bond, bill, note, warrant, ing to the order, or other security whatsoever for money, or for payment of money, whether of this kingdom or of any foreign state, or shall steal any warrant or order for the delivery or transfer of any goods or valuable thing, every such offender shall be deemed guilty of felony, of the same nature and in the same degree, and punishable in the same manner, as if he had stolen any chattel of like value with the share, interest, or deposit, to which the security so stolen may relate, or with the money due on the security so stolen, or secured thereby and remaining unsatisfied, or with the value of the goods, or other valuable thing mentioned in the warrant or order; and each of the several documents herein before enumerated shall, throughout this act, be stances, like stealing goods. |