the Punishment of idle and disorderly Persons and Rogues and Vagabonds, in that Part of Great Britain called England; and that the Form of Conviction prescribed by the said first recited Act, shall and may be altered and adapted as the Circumstances of the Case shall require. 6 CAP. XXII. An Act to regulate the Qualification and the Manner of it Persons W HEREAS it is expedient that the Qualification of Persons. in Scotland liable to serve as Jurors should be fixed and ' ascertained, and that the Mode of making up Rolls or Lists of Persons in Scotland liable to serve as Jurors should be regulated, and that the Mode of choosing Jurors in Criminal Trials there should be altered, and that Provisions should be 'made for uniting Counties for the Purposes of Trial in Cases of High Treason there: May it therefore please Your Majesty that it may be enacted; and be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That Qualification every Man, except as hereinafter excepted, being between the of Jurors. Ages of Twenty one and Sixty Years, residing in any County or Stewartry in Scotland, being qualified to serve as a Juror in Terms of an Act passed in the Sixth Year of the Reign of Her 6 Ann. c.26. Majesty Queen Anne, intituled An Act for settling and establishing a Court of Exchequer in the North Part of Great Britain called Scotland; videlicet, every such Man at the Time of the Trial on which he may be required to serve having and being seised in his own Right, or in the Right of his Wife, of Lands or Tenements, of an Estate of Inheritance, or for his or her Life, within the County or Shire, City or Place, from whence the Jury is to come, of the yearly Value of Five Pounds at the least, or shall be then worth in Goods, Chattels and Personal Estate, the Sum of Two hundred Pounds Sterling at least, shall be qualified and shall be liable to serve on Juries in Scotland, before any Court there, Civil or Criminal, competent to try Causes by Jury. II. Provided always, and be it enacted, That all Peers, all Judges of the Supreme Courts, including the Judge Admiral and Commissaries of Edinburgh, all Sheriffs and Stewarts of Counties or Stewartries, all Magistrates of Royal Burghs, all Ministers of the Established Church, and all other Ministers of Religion, who shall have duly taken and subscribed the Oaths and Declaration required by Law, and whose Place of Meeting shall be duly registered, and all Parochial Schoolmasters, also all Advocates practising as Members of the Faculty of Advocates, all Writers to the Signet practising as such, all Solicitors practising before any of the Supreme Courts, all Procurators practising before any Inferior Court, having severally taken out their annual Certificates, all Clerks or other Officers of any Court of Justice Peers, Judges and other Per sons herein specified, exempted from being returned or serving on Juries. Rolls of Jurors, when and how actually exercising the Duties of their Offices, all Gaolers or Keepers of Houses of Correction, all Professors in any University, all Physicians and Surgeons duly qualified as such, and actually practising, all Officers in His Majesty's Navy or Army in full Pay, all Officers of Customs or Excise, all Messengers at Arms and other Officers of the Law, shall be and are hereby freed and exempted from being returned, and from serving upon Juries. III. And be it further enacted, That the Sheriff of each County, and the Stewart of each Stewartry in Scotland, shall, on to be made up. or before the First Day of January One thousand eight hundred and twenty six, make up a Roll of Persons within his County or Stewartry respectively, who are qualified as aforesaid, and liable to serve as Jurors; and the Names and Designations of all such Persons shall be entered in a Book, to be called "The General Jury Book," to be kept in the Sheriff or Stewart Clerk's Office of each County or Stewartry, and to be open on all lawful Days to the Inspection and Examination of any Person who shall require such Inspection, on Payment of a Fee of One Shilling. Inspection Provision for 55 G.3. c.42. Provision with Edinburgh and IV. And be it further enacted, That as soon as such Roll or List of Jurors, qualified as aforesaid, shall have been made up and inserted in the said General Jury Book, the Sheriff and Stewart of every County and Stewartry in Scotland shall select therefrom the Names of all Persons qualified to be Special Jurors, in Terms of an Act passed in the Fifty fifth Year of the Reign of His late Majesty King George the Third, intituled An Act to facilitate the Administration of Justice in that Part of the United Kingdom called Scotland, by the extending of Trial by Jury to Civil Causes; and such Names so selected shall be entered in a Book to be called "The Special Jury Book," to be kept in the Sheriff or Stewart Clerk's Office of each County or Stewartry, and to be open for Inspection as herein directed with regard to the General Jury Book; and the Persons whose Names shall be entered in such Special Jury Book, shall be liable to serve as Special Jurors in all Civil Causes ordered to be tried by Special Juries, and on all Criminal Trials as hereinafter directed: Provided always, that the Names of Persons so selected as aforesaid for Special Jurors shall, notwithstanding thereof, remain in the said General Jury Book. V. Provided always, and be it enacted, That the Sheriff of the County of Edinburgh in entering the Names of Jurors, as well in the General as in the Special Jury Book as aforesaid, shall divide the same into Three separate Parts, one containing the Names of Persons residing in the City of Edinburgh and its Environs, in so far as the same are comprehended within the Bounds of Police, 3.G. 4. c.lxxviii. as defined by an Act passed in the Third Year of the Reign of His present Majesty, intituled An Act for watching, cleansing, and lighting the Streets of the City of Edinburgh and adjoining Districts, for regulating the Police thereof, and for other Purposes relating thereto; another Part containing the Names of those residing in the Town of Leith and its Environs, as comprehended within the Bounds of the Police thereof; and a Third Part containing the Names of those residing in the rest of the County of Edinburgh; and that the Sheriff of the County of Lanark shall in like Manner divide the Names of Jurors as aforesaid into Two Parts, the one containing containing the Names of Persons residing in Glasgow, including VII. And be it enacted, That when the Attendance of Jurors is required for Trials before the High Court of Justiciary at Edinburgh, or before the Court of Exchequer, or Judge Admiral, or in the Jury Court when held in Edinburgh, Notices, Writs or Precepts shall be issued from the said respective Courts to the Sheriff of Edinburgh, specifying the Number of Jurors required; and the said Sheriff shall thereupon return a List taken from the said General Jury Book, in the Order in which they therein appear, subscribed by him, containing the Number of Persons required, which Return, when made to the High Court of Justiciary or to the Judge Admiral, where Forty-five Jurors are required, shall contain Twenty four for the City of Edinburgh, Six for the Town of Leith, Six for the Remainder of the County of Edinburgh, Four for the County of Linlithgow, and Five for the County of Haddington, or as near as may be in these Proportions, according to the Number required, more or less than Forty five: Provided always, that in all Criminal Trials One third of the Number required, or if the Number required cannot be divided equally into Thirds, a Number as nearly as can be to a Third, more or less, at the Discretion of the Sheriff, shall be Persons qualified as Special Jurors, and shall be distinguished in the Return accordingly: Provided, that in the Event of the List so to be taken from the General Jury Book not being found to contain the said Proportion of Special Jurors, the Deficiency shall be supplied by Names to be taken from the Special Jury Book; and this Rule shall in like Manner be observed in regard to Returns from all other Counties. VIII. And be it enacted, That when the Attendance of Jurors at the Circuits is required, Notice shall be given by the Clerk of Court to the Sheriffs of the Counties, or Stewarts of the Stewartries within the Circuit, of the Number of Jurors required; and each Sheriff or Stewart shall thereupon return to the said Clerk a List subscribed by him, taken from the General and Special Jury Books aforesaid, containing the Number of Persons so required; which Return, where Forty five Jurors are required, shall contain Ten for the County of Berwick, Seven for the County of Peebles, Eight for the County of Selkirk, Twenty for the County of Roxburgh, Thirty for the County of Dumfries, Fifteen for the Stewartry of Kircudbright, Ten for the County of Wigton, Thirty five for the County of Ayr, Ten for the County of Renfrew, Twenty one for the City of Glasgow, Anderston, Gorbals and the Calton, Nine for the rest of the County of Lanark, Five for the County of Dumbarton, Ten for the County of Bute, Thirty five for the County of Argyle, Twenty five for the County of Stirling, Ten for the County of Clackmannan, Ten for the County of Sheriffs of and Linlithgow Edinburgh. Regulation as to Numbers of Jurors to be returned by the Sheriff of each County. Proviso as to Regulations as to Number of Jurors required to attend at the Circuits. Proviso. Provision for Order in which Regulations as to renewing Lists of Jurors. And as to of Landed Men. Kinross, Fifteen for the County of Perth, Fifteen for the County of Fife, Fifteen for the County of Forfar, Ten for the County of Kincardine, Twenty five for the County of Aberdeen, Ten for the County of Banff, Six for the County of Elgin, Six for the County of Nairn, Eighteen for the County of Inverness, Nine for the County of Ross and Cromarty, Three for the County of Sutherland, and Three for the County of Caithness; and wherever a greater Number than Forty five Jurors shall be required, the Numbers in the Return aforesaid shall be increased according to the Proportions above specified: Provided always, that it shall be competent for the Court of Justiciary, as Circumstances may require, to alter these Proportions by Act of Adjournal. ÍX. And be it enacted, That in all Criminal Trials in any Inferior Court, the Clerk of such Court shall be furnished with Names from the Jury Books of the County in which the Court is held, containing the Number of Persons required, One third being Persons qualified as Special Jurors. X. Provided always, and be it enacted, That the Sheriffs and Stewarts in all Returns of Jurors made by them to any Court whatsoever, shall take the Names in regular Order, beginning at the Top of the Lists in the said Jury Books, in each of the Counties and Districts foresaid respectively, as required; and as often as any Juror shall be returned to them, they shall mark or cause to be marked, in the said General Jury Book of their respective Counties or Stewartries, and also in the Special Jury Book in the Case of Special Jurors, the Date when any such Juror shall have been returned to serve; and in all such Returns they shall commence with the Name immediately after the last in the preceding Return, without regard to the Court to which the Return was last made, and taking the subsequent Names in the Order in which they shall have been entered, as herein directed, and so to the End of the Lists respectively. XI. And be it enacted, That the Sheriff or Stewart of every County or Stewartry in Scotland shall prepare, in the Manner herein directed, new and correct Lists of Jurors, in such Time as the same may be completed, and entered in Books as aforesaid, to be deposited in the Sheriff or Stewart Clerk's Office, before the first Lists shall have been completely gone through; and so soon as the whole Names contained in any of the former Lists shall have been returned to serve as Jurors, the Sheriff or Stewart shall proceed to take the Names of those required from the new Lists so prepared, beginning at the Top, and proceeding regularly to the End as herein directed; and as often as and immediately before any List shall have been completely gone through, a new List shall be prepared and entered in Books as aforesaid, and be made use of in the Manner herein directed. XII. And be it enacted, That where a Person shall by Law Jurors in Cases be entitled to the Privilege of having a Majority of Landed Men for Jurors on his Trial, the Sheriff or Stewart, when required, shall make a Return of Names of Landed Men, in the Order in which such Names appear in the Books aforesaid, so that a Majority of the Jurors contained in such Return shall be Landed Men. No other Lists to be used. XIII. And be it enacted, That the Lists returned as herein directed directed by the Sheriffs and Stewarts to the Clerks of Court, and none other, shall be used for the several Trials for which the same shall have been required. Sheriffs making up Lists and returning Jurors contrary to Act. XIV. And be it enacted, That every Instance of wilful and unwarranted Departure on the Part of any Sheriff from the Provisions of this Act in regard to the making up of Lists, and of returning of Jurors to any Court, shall subject such Sheriff in a Penalty of Fifty Pounds, to be recovered by summary Complaint before the High Court or Circuit Court of Justiciary; One Half of Penalty. which Penalty shall belong to His Majesty, and the other Half to the Party suing for the same: Provided always, that no Irregu- Irregularity in larity in making up the Lists as herein directed, or in transmitting Lists no Objecthe same, or in the Warrant of Citation, or in summoning Jurors, or in returning any Execution of Citation, shall constitute an Objection to Jurors whose Names shall be served on any Person accused of any Crime, reserving always to the Court to judge of the Effect of an Objection founded on any felonious Act by which Jurors may be returned to serve in any Case contrary to the Provisions of this Act. XV. And be it enacted, That it shall and may be lawful for the Lord Justice Clerk, or any One of the Lords Commissioners of Justiciary, and they are hereby authorized and empowered at any Time to direct to be summoned as Jurors to serve on any Criminal Trial in the High Court or Circuit Court of Justiciary, any such Number of Persons exceeding Forty five, as may be deemed necessary; and it is hereby provided, that the Warrants for summoning Jurors shall only require the Signature of One of the said Judges, and it shall not be necessary to annex a Copy of the Signature of such Judge to the List of Assize served on the Accused. tion to Jurors. Proviso where more than Forty-five Jurors required. Signature of ficient. Proviso for XVI. And be it enacted, That it shall be lawful for each Person Peremptory on Trial before any Criminal Court to challenge Five of the Challenges Jurors, and also for the Prosecutor to challenge Five of the allowed. Jurors in all, for any one Trial, without being obliged to assign any Reason therefor; and which Challenge shall be made when the Name of each Juror is drawn as herein directed, and shall not afterwards be allowed, and such Challenge shall of itself disqualify the Person or Persons challenged from serving as a Juror or Jurors on such Trial: Provided always, that of the Five Special Jurors to be chosen, not more than Two shall be allowed to be so challenged by each Person accused, or by the Prosecutor: Provided always, that such Challenges without Reason assigned shall nowise deprive a Person accused, or the Prosecutor, of the Right respectively competent to them to object to any Juror or Jurors on Cause shewn, but declaring that if such Objection shall be founded on the Want of sufficient Qualification as provided by this Act, such Objection shall only be proved by the Oath of the Juror objected to; and it shall not be competent to take any Objection to any Juror after he shall have been sworn to serve. XVII. And be it enacted, That in all Criminal Trials by Jury, the Number of Jurors to be returned by the Sheriffs and Stewarts to the Criminal Court shall be forty five, unless otherwise directed, as herein mentioned; and the Jurors for the Trial of any H 4 Case shall Right of Accused and Prosecutor to object to Juror. Regulations as to Number of Jurors to be returned by Sheriffs, and how |