London, must be made out, with the proper quality or addition, and the place of abode of each man, by the parties hitherto accustomed to make out such lists; the shop, warehouse, countingbase, chambers, or office of each person so qualified, to be deemed the place of abode for the purpose of the act.

Lord Tenterden decided, provided a person's family is domiciled in the city, though he is not in trade, but holds a public office, nor abuseholder, occupying only part of a house, he is qualified to serve on a special jury in London, K. B. Guildhall, Jan. 9, 1827. Six days are allowed between summons and appearance in Lenion and Middlesex.

The sheriff of the city of London cannot return any juror to serve in the courts at Westminster.

Persons summoned to serve on juries in any of the inferior courts of record in London, or in any other liberty, city, borough, or town, not attending, shall forfeit not more than 408. nor less than 208., unless the court be satisfied with the cause of absence. Such ine is leviable by distress and sale.

No cause can be tried by a special jury in London or Middlesex, unes the rule for such special jury be served, and the cause marked in the marshal's book as a special jury cause, on or before the day preceding the adjournment day, in Middlesex or London respectively, Reg. Gen. H. T. 44.

In the Common Pleas the rule must be served, and the cause marked in the marshal's book, two days preceding the adjournment day, 4 Taunton, 601.

No person is liable to serve on juries at any session of nisi prius, er gol delivery in Middlesex, who has the sheriff's certificate of service at either of such sessions, for either of the two terms or vacations next preceding.

DUTIES OF JURORS.

After a juror is sworn, he must not go from the box till the evidence is given, for any cause whatever, without leave of the court; and, with leave, he must have a keeper with him.

If, after the jury have withdrawn from the box to consider their verdict, they have meat, drink, fire, or candle, without consent of the court, and before verdict, they are finable; and if at the charge of him for whom they afterwards find, it will set aside the verdiet; also, if they speak with either of the parties or their agents, after they retire from the box; or if, to prevent disputes, they cast lots for whom they shall find: any of those circumstances will entirely vitiate the verdict, and they are finable.

When the jury have left the box, no new evidence can be adduced, nor can they recall a witness and make him repeat the evidence; for though he give no more evidence than he had given in court, the verdict will not be allowed, Cro. Eliz. 182.

But they may have a witness recalled to repeat his evidence in open court.

The jury cannot retire with any writing not given in evidence in

open court.

The jury are allowed to judge of the meaning of mercantile phrases in the letters of merchants, 7 Taunt. 164.

If, after the charge and evidence given on a capital offence, one of the jurors become suddenly ill, the court may discharge the jury, and charge a fresh one with the prisoner, and convict him, 4 Taunt. 309.

When a criminal trial runs to such a length as it cannot be concluded in one day, the court, by its own authority, may adjourn till the next morning; but the jury must be somewhere kept together, that they may have no communication but with each other, 6 T. R. 527. In treason or felony the jury is usually permitted to retire in custody of the sheriff and his officers, who are sworn to keep them together, and not to speak to them on matters relating to the pending trial. In misdemeanors the jurors may be allowed to go home, on engaging not to allow themselves to be spoken to on the subject of the trial. In civil cases, too, a jury may separate; but after the judge has summed up they cannot, 2 Bar. & Ald. 462. The judge has power to discharge a jury who cannot agree in a civil or criminal case, and in a criminal case may discharge the jury when a material witness is absent.

A verdict may be either general or special. A general verdict is absolute and without reserve, both as to the question of law and fact, either for the plaintiff or defendant. A special verdict simply specifies the facts as they find them to be proved, reserving the question of law for the adjudication of the court. A special verdict may be found, both in civil and criminal cases. The minutes of a special verdict must be approved by the judge, and ought to be signed by one of the counsel of each party.

JURIES IN SCOTLAND.

An experiment has been made in Scotland of allowing a verdict to be given by juries, though not unanimous. By 17 & 18 V. c. 59, if upon the trial of any civil cause the jury is unable to agree, and if after six hours' deliberation nine of the jury agree, the verdict of such nine may be taken. Pending deliberation, the jury, with leave of the judge, may be furnished with necessary refresh

ment.

ANNOYANCE JURORS IN WESTMINSTER.

The 24 & 25 V. c. 78, repeals certain enactments of the 27 Eliz. c. 27 & 29, and 31 G. 2, c. 25 & 17, relating to appointing the householders of the city as annoyance jurors, and makes other provision in lieu. By s 3, at a meeting of the Court of Burgesses, at which the dean or high steward or one of the chief burgesses and

four of the burgesses are present, the court is required to appoint ene or more inspectors of weights and measures, to hold office during the pleasure of the court, for preventing persons dealing by unlawful weights, balances, or measures within the city and liberty of Westminster. Inspectors to be sworn and empowered to visit any house, shop, warehouse, or building, to seize fraudulent weights, and summon offenders, who may be fined not exceeding £5 for one offence. Persons selling or exposing for sale goods in any street or lane are equally liable, and the weights or measures may be seized and broken, the offenders summoned and fined. Witnesses refusing to give evidence are finable, or persons obstructing the inspectors in their duty, s. 15.

CHAPTER VII.
Evidence.

EVIDENCE is used in law for some proof, by writing, or by testimony of witnesses on oath; and it is called evidence, because the question at issue is thereby to be made evident to the jury. Written proofs consist of records, ancient deeds, and wills thirty years old, which prove themselves; but modern deeds and other writings must be attested and verified by the parol testimony of witnesses.

One general rule in all trials is, that the best evidence the nature of the case will admit of shall always be required, if possible to be had, but, if not possible, then the next best evidence that can be had shall be procured: for, if it be found that there is any better evidence existing than that produced, the not producing it affords a presumption that it would have detected some falsehood that is concealed.

Thus, in order to prove a lease for years, nothing shall be admitted but the deed of lease itself; but if that he positively proved to be destroyed or lost, then an attested copy may be produced, or parol evidence be given of its contents. So no evidence of a discourse with another will be admitted, but the party himself must be brought forward: yet in some cases, the court allows hear-* Bay evidence to be adduced, as in proof of any general custom or tradition, or of what deceased persons have declared in their lifetime. But the bare recital of a fact, that is, the mere oral assertion or written entry, by an individual, that a particular fact is true, cannot be received in evidence. This objection does not apply to any public documents made under lawful authority, such as gazettes, proclamations, public surveys, records, and other memorials of a similar description.

Letters of individuals are evidence against the writers, but not for them. Private memoranda made by a person deceased are admis

sible evidence. So are the books of a steward or collector, evidence. against himself and his estate, after his death. Entries in family Bibles, Prayer, or other books, by parents or heads of families, are good evidence of the facts recorded. A receipt is not such conclusive evidence against the party signing it, but he may show that he did not receive the sum or thing mentioned therein. But receipts in full, when obtained without fraud or collusion, are conclusive against the party signing them.

Tradesmen's books are not admissible evidence in favour of the owner, nor against a customer, unless accompanied with proof of delivery of goods or other corroborative particular; but a servant who made the entry may have recourse to them to refresh his memory; and if the servant who was accustomed to make entries be dead, and his handwriting be proved, the book may be read in evidence: for as tradesmen are often under the necessity of giving credit without any note or writing, this, therefore, when accompanied with such other collateral proof of fairness and regularity, is the best evidence that can then be procured. But as evidence of this kind would be much too hard upon the buyer at any long distance of time, the law confines this sort of proof to such transactions as have happened within one year before the action brought, unless in transactions between merchant and merchant, in the usual course of trade.

By 17 & 18 V. c. 125, s. 27, the comparison of a disputed writing with any writing proved to the satisfaction of the judge to be genuine, is permitted to be made by witnesses; and such writing, and the evidence of witnesses respecting the same, may be submitted to the court and jury as evidence of the genuineness or otherwise of the writing in dispute.

LORD BROUGHAM'S ACT.-An act of 1851 introduced important changes both in relation to the compelling of interested persons to give evidence, and the admission and verification of documents. The parties admissible to be witnesses are described by this act, 14 & 15 V. c. 99, ss. 2, 3, enacting that, "On the trial of any issue joined, or of any matter or question, or on any injury arising on any suit, action, or proceeding in any court of justice, or before any person having by law or by consent of parties authority to hear, receive, and examine evidence, the parties thereto, and the persons in whose behalf any such suit, action, or other proceeding may be brought or defended, shall be competent and compellable to give evidence, either viva voce or by deposition, according to the practice of the court, on behalf of either or any of the parties to the said suit, action, or other proceeding," s. 2. "But nothing herein contained shall render any person who in any criminal proceeding is charged with the commission of any indictable offence, or any offence punishable on summary conviction, competent or compellable to give evidence for or against himself or herself, or shall render any person compellable to answer any question tending to criminate himself or

herself," s. 3. Neither does the act apply to cases of adultery, or breach of promise of marriage.

By s. 6, common law courts are authorized to compel inspection of documents whenever equity would grant discovery. Foreign and colonial acts of state, judgments, decrees, orders, and other judicial proceedings, provable by certified copies, without proof or seal, signature, or judicial character of person signing the same. Certificate of the qualification of an apothecary admissible without proof of the seal of the Apothecaries' Company. Documents admissible in England without proof of the seal or signature authenticating the same, or of the judicial or official character of the person appearing to have signed the same, equally admissible in Ireland, or vice versa. Like -admissibility extended by s. 11, to the colonies. Registers of British vessels and certificates of registry admissible as primâ facie evidence of their contents, without proof of signature. Where necessary to prove conviction or acquittal of any person charged, not necessary to produce record, but it may be certified under hand of derk of court. Examined or certified copies of documents admissible in evidence. Certifying a false document is a misdemeanor, punishable by imprisonment for any term not exceeding eighteen months. Every court, judge, justice, officer, commissioner, arbitrator, or other person, now or hereafter having by law or consent of parties authority to hear and examine evidence, may administer an oath to all such witnesses as are legally called before them.

The 16 & 17 V. c. 83, extends the Evidence Act, by rendering the busbands and wives of parties to any judicial issue or inquiry admissible witnesses, competent and compellable to give evidence on behalf of either or any of the parties to the suit. But by s. 2, no husband is competent or compellable to give evidence for or against his wife, or the wife for or against her husband, in any criminal preeding, or in case of adultery. No husband is compellable to disclose any communication made to him by his wife during the marriage, nor any wife to disclose any communication made to her by her husband during the marriage, s. 3. Nothing herein contained shall apply to any action, suit, proceeding, or bill in any court of common law, or in any ecclesiastical court, or in either house of parliament, instituted in consequence of adultery, or to any action for breach of promise of marriage, s. 4.

A second description of evidence is that by WITNESSES.

All witnesses, of whatever religion or country, that have the use of their reason, are to be received and examined, except such as are infamous. All others are competent witnesses, though the jury from after circumstances will judge of their credibility. Infamous persons are such as may be challenged as jurors, on acoount of some delinquency, as treason, felony, forgery, or perjury; but persons having suffered the punishment of any felony not capital, or of any misdemeanor (perjury excepted), are afterwards competent to ive evidence.