and other Numbers and Names shall in every such Case be resorted to, according to the Mode of Proceeding hereinbefore described, for the Purpose of supplying Names in the Places of those set aside, until the whole Number of Forty eight Names not liable to be set aside shall be completed; and if in any Case it shall so happen that the whole Number of Forty eight Names cannot be obtained from the Special Jurors' List, in such Case the said Officer shall fairly and indifferently take, according to the Mode of Nomination heretofore pursued in nominating Special Juries, such a Number of Names from the General Jurors' Book, in addition to those already taken from the Special Jurors' List, as shall be required to make up the full Number of Forty eight Names, all and every of which Forty eight Names shall in such Case be equally deemed and taken to be those of Special Jurors; and the said Officer shall afterwards make out for each Party a List of the Forty eight Names, together with their respective Places of Abode and Additions, and after having made out such List, shall return all the Numbers so drawn out, together with all the Numbers remaining undrawn, to such Undersheriff or Secondary or his Agent, to be by such Undersheriff or Secondary safely and securely kept for future Use; and all the subsequent Former MatProceedings for reducing the said List, and all other Matters ters, except as whatsoever relating to Special Juries, shall remain and continue hereby altered, in force as heretofore, except where the same or any Part thereof and Fees, to reis expressly altered by this Act; and all the Fees heretofore payable on the striking of Special Juries shall continue to be paid in the accustomed Manner. XXXIII. Provided always, and be it further enacted, That nothing herein contained shall be construed to prevent the Parties in any Cause, or their Attornies, from consenting to have a Special Jury nominated according to the Mode used and accustomed before the passing of this Act, and upon a Consent to that Effect, signed by each Party or his Attorney, being communicated to the proper Officer, he is hereby authorized and required to nominate a Special Jury for the Trial of every such Cause, according to the Mode used and accustomed before the passing of this Act: Provided also, that nothing herein contained shall be construed to prevent the same Special Jury, however nominated, from trying any Number of Causes, so as the Parties in every such Cause, or their Attornies, shall have signified their Assent in Writing to the Nomination of such Special Jury for the Trial of their respective Causes: Provided always, that it shall be lawful for the Court, if it shall so think fit, upon the Application of any Man who shall have served upon One or more Special Juries at any Assizes or Sessions of Nisi Prius, to discharge such Man from serving upon any other Special Jury during the same Assizes or Sessions of Nisi Prius. main. The Parties may, by Consent, have Spe cial Jury struck as heretofore. The same Special Jury may, by Consent, try any Number of Causes. Court may discharge Special Juror having served once. Costs of Spe (See 24 G.2. c.18.) XXXIV. And be it further enacted, That the Person or Party who shall apply for a Special Jury shall pay the Fees for striking cial Jury. such Jury, and all the Expences occasioned by the Trial of the Cause, by the same, and shall not have any further or other Allowance for the same, upon Taxation of Costs, than such Person or Party would be entitled unto in case the Cause had been tried by a common Jury; unless the Judge before whom the ficate. R 4 Cause Judges' Certi 3+4W 4c42/.35. Fees to Spe- Mode of striking Special Juries in any County of a City or Town (except Lon don) to remain as heretofore. (See 3 G.2. e.25. § 17.) Proceedings in de Circumstan- § 103. as to 36 H.8. c.6. 4 & 5 P. & M. c.7. 5 Eliz. c.25. 14 Eliz. c.9. 7 & 8 W.9. e.32.) Jurors making Cause is tried shall, immediately after the Verdict, certify, under his Hand, upon the Back of the Record, that the same was a Cause proper to be tried by a Special Jury. XXXV. And be it further enacted, That no Juror who shall serve upon any Special Jury shall be allowed or take for serving on any such Jury more than such Sum of Money as the Judge who tries the Issue shall think just and reasonable, and which shall not exceed the Sum of One Pound One Shilling, except in Causes wherein a View is directed, and shall have been had by such Juror. XXXVI. Provided always, and be it further enacted, That where any Special Jury shall be ordered by any Rule, in any of the Courts aforesaid, to be struck by the proper Officer of such Court, in any Cause arising in any County of a City or Town, except the City of London, the Sheriff or Sheriffs thereof, or the Undersheriff respectively, shall be commanded by such Rule to bring or cause to be brought, before the proper Officer of such Court, the Books or Lists of Persons qualified to serve on Juries within the same County of a City or Town; and in every such Case the Jury shall be taken and struck out of such Books or Lists respectively, in the Manner heretofore used and accustomed; any Thing in this Act to the contrary notwithstanding. XXXVII. And be it further enacted, That where a full Jury shall not appear before any Court of Assize or Nisi Prius, or before any of the Superior Civil Courts of the Three Counties Palatine, or before any Court of Great Sessions, or where, after Appearance of a full Jury, by Challenge of any of the Parties, the Jury is likely to remain untaken for Default of Jurors, every such Court, upon Request made for the King by any one thereto authorised or assigned by the Court, or on Request made by the Parties, Plaintiff or Demandant, Defendant or Tenant, or their respective Attornies, in any Action or Suit, whether popular or private, shall command the Sheriff or other Minister, to whom the making of the Return shall belong, to name and appoint, as often as need shall require, so many of such other able Men of the County then present as shall make up a full Jury; and the Sheriff or other Minister aforesaid shall, at such Command of the Court, return such Men duly qualified as shall be present or can be found to serve on such Jury, and shall add and annex their Names to the former Panel, provided that where a Special Jury shall have been struck for the Trial of any Issue, the Talesmen shall be such as shall be impannelled upon the common Jury Panel to serve at the same Court, if a sufficient Number of such Men can be found; and the King, by any one so authorized or assigned as aforesaid, and all and every the Parties aforesaid, shall and may, in each of the Cases aforesaid, have their respective Challenges to the Jurors so added and annexed, and the Court shall proceed to the Trial of every such Issue with those Jurors who were before impannelled, together with the Talesmen so newly added and annexed, as if all the said Jurors had been returned upon the Writ or Precept awarded to try the Issue. XXXVIII. And be it further enacted, That if any Man having been duly summoned to attend on any Kind of Jury in any of the Courts Courts in England or Wales hereinbefore mentioned, shall not attend in pursuance of such Summons, or being Thrice called shall not answer to his Name, or if any such Man or any Talesman, after having been called, shall be present but not appear, or after his Appearance shall wilfully withdraw himself from the Presence of the Court, the Court shall set such Fine upon every such Man or Talesman so making Default (unless some reasonable Excuse shall be proved by Oath or Affidavit) as the Court shall think meet: Provided always, that where any Viewer, having been duly summoned to attend on any Jury, shall make Default as aforesaid, the Court is hereby authorized and required to set upon such Viewer (unless some reasonable Excuse shall be proved as aforesaid) a Fine to the Amount of Ten Pounds at the least, and as much more as the Court, under the Circumstances of the particular Case, shall think proper. (See 7 & 8 W.3. c.32. 3 G.2. c.25. § 13.) Fine. Sheriff indert nified in re- (See 7 & 8 W.3 XXXIX. And be it further enacted, That every Sheriff and other Minister, to whom the Return of Juries shall belong, shall be and is hereby indemnified for impannelling and returning any Man named in the Jurors' Book, although he may not be qualified or liable to serve on Juries; and that if any Sheriff or other such Minister shall wilfully impannel and return any Man to serve on any Jury before any of the Courts in England or Wales hereinbefore mentioned (except on the Grand Jury at any Assizes or Great Sessions), such Man's Name not being inserted in the Jurors' Book for the current Year, or if such Book has not been delivered, then in the Jurors' Book last delivered, or if any Clerk of Assize, Associate, Prothonotary, Clerk of the Peace or other Officer of any of the Courts aforesaid, shall wilfully record the Appearance of any Man so summoned and returned, who did not really appear, in every such Case the Court shall and may, upon Examination in a summary Way, set such Fine upon such Sheriff, Minister, Clerk Penalty. of Assize, Associate, Prothonotary, Clerk of the Peace or other Officer offending, as the Court shall think meet. proper Sheriff, &c. Jurors who tificates. XL. And be it further enacted, That the Sheriff or his Undersheriff, shall from time to time register alphabetically, in Columns, to be prepared in the Jurors' Book for that Purpose, the Services of such Men as shall be summoned and shall attend to serve as Jurors on Trials, before any Court of Assize or Nisi Prius, Oyer and Terminer, or Gaol Delivery, or in the said Courts of the said Counties Palatine or Great Sessions, and also the Times of their Services; and every Man so summoned, and having duly attended or served until discharged by the Court shall (upon Application by him made to such Sheriff or Undersheriff, before he shall depart from the Place of Trial,) receive a Certificate testifying such his Service, which Certificate the Sheriff or Undersheriff is hereby required to give on Payment of One Shilling: Provided Fee. always, that nothing herein contained shall extend to any Grand Jurors or Special Jurors. Clerk of Peace to make out a vices at Ses XLI. And be it further enacted, That the Clerk of the Peace, at every Sessions of the Peace to be holden for any County, Riding or Division in England or Wales, shall make out a List of such Men as shall be summoned and shall attend to serve on any sions on Grand Grand Jury or Petty Jury at such Sessions, together with their or Petty Juries, respective Places of Abode and Additions, and the Date of their and transmit Services, to Sheriff. Certificate of Jurors not to certain Periods Services, and shall within Twenty Days after the Close of every such Sessions, transmit such List to the Sheriff or Undersheriff of the County, who is hereby required forthwith to register the Names of the Men included in such List in the proper Columns of the Jurors' Book for that Purpose, together with the Date of their Services; and every Man so summoned, and having duly attended or served until discharged by the Court of Sessions, shall, upon Application by him made to such Clerk of the Peace, before he shall depart from the Place where the Sessions are holden, receive a Certificate, testifying such his Service, which Certificate the said Clerk of the Peace is hereby required to give, on Payment of One Shilling. XLII. And be it further enacted, That no Man shall be returned as a Juror to serve at any Session of Nisi Prius or of Gaol Delivery, in the County of Middlesex, who has served as a Juror at either of such Sessions in the said County, in either of the Two Terms or Vacations next immediately preceding, and has the Sheriff's Certificate of having so served; and no Man shall be returned as a Juror to serve on Trials before any Court of Assize, Nisi Prius, Oyer and Terminer or Gaol Delivery, or any of the said Courts of the Three Counties Palatine, or the said Great Sessions, who has served as a Juror at any of such Courts within One Year before, in Wales, or in the Counties of Hereford, Cambridge, Huntingdon or Rutland, or Four Years before in the County of York, or Two Years before in any other County, and has the Sheriff's Certificate of having so served; and no Man shall be returned to serve upon any Grand Jury or Petty Jury, at any Sessions of the Peace to be holden for any County, Riding or Division in England or Wales, who has served as a Juror at any such Session within One Year before, in Wales, or in the Counties of Hereford, Cambridge, Huntingdon or Rutland, or Two Years before in any other County, and has the Certificate of the Clerk of the Officer offend- Peace of having so served; and if any Sheriff or other Minister shall ing. Nor to Quarter Sessions. Penalty. No Money taken to excuse Persons from serving. (Sec 3 G. 2. c.25. § 6.) None to be summoned but those named in wilfully transgress in any of the Cases aforesaid, the Court may and is hereby required, on Examination and Proof of every such Offence, in a summary Way, to set such Fine upon every such Offender as the Court shall think meet: Provided, that nothing herein contained shall extend to Grand Jurors at the Assizes or Great Sessions, or to Special Jurors. XLIII. And be it further enacted, That no Sheriff, Undersheriff, Coroner, Elisor, Bailiff or other Officer or Person whatsoever, shall, directly or indirectly, take or receive any Money or other Reward, or Promise of Money or Reward, to excuse any Man from serving or from being summoned to serve on Juries, or under any such Colour or Pretence; and that no Bailiff or other Officer appointed by any Sheriff, Undersheriff, Coroner or Elisor, to summon Juries, shall summon any Man to serve thereon, other than those whose Names are specified in a Warrant or Mandate, signed by such Sheriff, Undersheriff, Coroner or Elisor, and directed to such Officer offend- Bailiff or other Officer; and if any Sheriff, Undersheriff, Coroner, ing. Elisor, Bailiff or other Officer, shall wilfully transgress in any of the Cases aforesaid, or shall summon any Juror, not being a Special Juror, less than Ten Days before the Day on which he is to attend, or shall summon any Special Juror less than Three Days before Warrant. the the Day on which he is to attend, except in the Cases herein- High Consta bles neglecting to issue Precepts and other wise offending. XLIV. And be it further enacted, That if any High Constable within the Meaning of this Act shall, for Fourteen Days after the Warrant of the Clerk of the Peace shall be served on him, or left at his usual Place of Abode, refuse or neglect to issue and deliver his Precept as hereinbefore directed, to the Churchwardens and Overseers of any Parish, or to the Overseers of any Township within his Constablewick; or shall in like Manner refuse or neglect to issue and deliver his Precept to the Churchwardens and Overseers of any Parish, or to the Overseers of any Township, where such Parish or Township extends into any other Hundred, Lathe, Wapentake or other like District besides his own, either in the same or a different County, (provided the principal Church of such Parish or Township shall be situate within his own Hundred, Lathe, Wapentake or other like District), or shall refuse or neglect in any of the foregoing Cases to annex to the respective Precepts such a Number of the Forms of Return as he shall bona fide deem sufficient, or to deliver such additional Number as may be demanded of him by any Churchwarden or Overseer as aforesaid (provided he has such additional Number in his Possession), or in case of his not so having them, shall refuse or neglect to apply forthwith to the Clerk of the Peace for such additional Number, and to deliver the same to the Party so demanding within Three Days after his Receipt thereof; or shall on due Notice refuse or neglect to attend at any such Petty Sessions, or such Adjournment thereof as aforesaid, or to receive any List or Lists there tendered by the Justices present, or to deliver the same to the Quarter Sessions next holden for the County, Riding or Division, at the Time and in the Manner hereinbefore directed, or shall make any Alteration in any such List after his Receipt thereof; every such High Constable offending in any of the foregoing Cases, shall for every such Offence forfeit a Sum not exceeding Ten Pounds, nor less than Forty Shillings, at the Discretion of the Justice before whom he Penalty. shall be convicted. XLV. And be it further enacted, That if any Churchwarden or Overseer of any Parish, or any Overseer of any Township within the Meaning of this Act, shall refuse or neglect (unless prevented by Sickness) to assist in making out any List required by this Act, so that the same shall not be made out at the Time and in the Manner hereinbefore directed; or shall wilfully omit out of such List any Man whose Name ought to be inserted therein, or shall wilfully insert therein the Name of any Man who ought to be omitted, or shall take any Money or other Reward for omitting or inserting any Man whatsoever, or shall wilfully insert therein a wrong Description of the Name, Place of Abode, Title, Quality, Calling, Business or the Nature of the Qualification of any Man; or shall refuse Penalties on Churchwardens and Overseers make out Lists, neglecting to and otherwise, offending. |