such Term not exceeding Six Calendar Months, as such Justice shall think proper, unless such Penalty be sooner paid.

LVI. And for the more easy and speedy Conviction of Offenders against this Act; be it further enacted, That the Justice before whom any Person shall be convicted of any Offence against this Act shall and may cause the Conviction to be drawn up in the following Form of Words, or in any other Form of Words to the same Effect, as the Case shall happen; videlicet,

BE it remembered, that on

Year of our Lord

me,

viction of Offenders against

Act.

A. B. is convicted before 'C. D., One of His Majesty's Justices of the Peace for the of for that he the said A. B. did [specifying the Offence, and the Time and Place where the same was committed, as the Case shall be], and the said A. B. is for his said Offence adjudged by me the said Justice to forfeit and pay the Sum of Given under

quashed for

Want of Form.

No Certiorari.

my Hand and Seal, the Day and Year first above mentioned.' LVII. And be it further enacted, That no such Conviction shall Conviction not be quashed for Want of Form, or be removed or removable by Certiorari, or by any other Writ or Process whatsoever, into any of His Majesty's Courts of Record at Westminster; and that where any Distress shall be made for any Penalty to be levied by virtue of this Act, the Distress itself shall not be deemed to be unlawful, nor the Party making the same be deemed a Trespasser, on account of any Defect or Want of Form in the Summons, Conviction, Warrant of Distress or other Proceedings relating thereto, nor shall such Party be deemed a Trespasser ab initio, on account of any Irregularity which shall be afterwards done by him; but the Person aggrieved by such Irregularity shall and Damages to may recover full Satisfaction for the Special Damage (if any) in Persons agan Action upon the Case, first giving Notice in Writing of the grieved. Cause of Action to the opposite Party One Calendar Month before the Commencement of such Action; but no Plaintiff shall Tender of recover in any Action for such Irregularity, if Tender of suffi- Amends. cient Amends shall have been made before such Action brought, or if a sufficient Sum of Money shall have been paid into Court after such Action brought, by or on behalf of the Party distraining.

LVIII. And be it further enacted, That if any Suit or Action In Action for shall be prosecuted against any Person, for any Thing done in executing Act. pursuance of this Act, such Person may plead the General Issue, General Issue. and give this Act and the Special Matter in Evidence at any Trial to be had thereupon ; and if a Verdict shall pass for the Defendant, or the Plaintiff shall become Nonsuit, or discontinue his or her Action after Issue joined, or if upon Demurrer or otherwise Judgment shall be given against the Plaintiff, the Defendant shall recover Double Costs, and have the like Remedy for the same as Double Costs. any Defendant hath by Law in other Cases; and though a Verdict shall be given for the Plaintiff in any such Action, such Plaintiff shall not have Costs against the Defendant, unless the Judge before whom the Trial shall be shall certify his Approbation of the Action, and of the Verdict obtained thereupon.

6 Geo. IV.

S

LIX. And

Venue laid in
County where

Fact committed.

Limitation of
Action.

Writs of At

LIX. And be it further enacted, That all Actions, Suits and Prosecutions, to be commenced against any Person for any Thing done in pursuance of this Act, shall be laid and tried in the County where the Fact was committed, and shall be commenced within Six Calendar Months after the Fact committed, and not otherwise; and that Notice in Writing of such Cause of Action shall be given to the Defendant or Defendants, One Calendar Month at least before the Commencement of the Action.

LX. And be it further enacted, That from and after the passing taint abolished. of this Act, it shall not be lawful either for the King, or any One on His Behalf, or for any Party or Parties, 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, become void and be utterly abolished; any Law, Statute or Usage to the contrary notwithstanding.

How Embracers and corrupt Jurors punishable.

Commencement of Act.

Repeal of 43 H.3.

52 H.3. c. 14. c. 24.

12 Ed.1.

13 Ed. 1. c.30. c.38. in part.

21 Ed.1. st. 1. wholly.

LXI. Provided always, and be it enacted and declared, That notwithstanding any Thing herein contained, every Person who shall be guilty of the Offence of Embracery, and every Juror who shall wilfully or corruptly consent thereto, shall and may be respectively proceeded against by Indictment or Information, and be punished by Fine or Imprisonment, in like Manner as every such Person and Juror might have been before the passing of this Act.

LXII. And be it further enacted, That those Parts of this Act which relate to the issuing of Warrants and Precepts for the Return of Jury Lists, the Preparation, Production, Reformation and Allowance of those Lists, the holding of the Petty Sessions for those Purposes, the Formation of a Jurors' Book, and the Delivery thereof to the Sheriff, and the Preparation of a List of Special Jurors, and of Parchments or Cards, in the Manner hereinbefore mentioned, shall commence and take effect so soon after the passing of this Act as the proper Periods for doing those Things shall occur; and that the rest of this Act shall commence and take effect on the First Day of January in the Year One thousand eight hundred and twenty six: And that from and after the Commencement of the several Parts of this Act respectively, so much of the Provisions made in the Forty third Year of the Reign of King Henry the Third, as relates to Exemption from Assizes, Juries and Inquests; and so much of a Statute made in the Fifty second Year of the same Reign, as relates to the like and so much of the same Statute as provides that Exemptions; all, being Twelve Years of Age, ought to appear at Inquests for the Death of Man; and so much of the Statutes made in the Twelfth Year of the Reign of King Edward the First, intituled Statuta Wallia, as relates to Persons of Twelve Years of Age being summoned upon Coroners' Inquests; and so much of a Statute made at Westminster in the Thirteenth Year of the same Reign, as directs, that the Justices shall not put in Assizes or Juries any other than those that were summoned to the same at first; and so much of the same Statute as ordains how many and what Sort of Persons shall be returned on Juries and Petty Assizes; and a Statute made in the Twenty first Year of the

same ·

same Reign, intituled Statutum de illis qui debent poni in Juratis et Assizis; and-so much of a Statute made in the Twenty eighth 28 Ed.1. st.3. Year of the same Reign, intituled Articuli super Cartas, as de- c.9. in part. clares how Inquests and Juries are to be impannelled; and an 33 Ed.1. stat.4. Ordinance made in the Thirty third Year of the same Reign, wholly. commonly called An Ordinance for Inquests; and so much of a 34 Ed.1. st.5. Statute made in the Thirty fourth Year of the same Reign, com- c.3. monly called Ordinatio Forestæ, as enjoins that none of the Ministers therein mentioned be put in Assizes, Juries or Inquests

c.8.

without the Forest; and so much of a Statute made in the Fifth 5 Ed. 3. c. 10. Year of the Reign of King Edward the Third, as relates to the 20 Ed. 3. c.6. Punishment of a corrupt Juror; and so much of a Statute made in the Twentieth Year of the same Reign, as relates to the Punishment of Embracers and corrupt Jurors; and so much of a Statute 27 Ed. 3. st. 2. or Ordinance made in the Twenty seventh Year of the same Reign, commonly called The Ordinance of the Staples, as prescribes the Mode of Trial where One Party or both Parties are Aliens; and so much of a Statute made in the Twenty eighth 28 Ed. 3. c.13. Year of the same Reign, as directs how all Manner of Inquests and Proofs shall be taken between Aliens and Denizens; and so

c.13.

much of a Statute made in the Thirty fourth Year of the same 34 Ed.3. c.4. Reign, as accords that Panels of Inquests shall be of the Neighbourhood; and so much thereof as directs the Proceedings against c.8. Jurors taking a Reward to give their Verdict; and so much there- c.13. of as relates to the Qualification of Jurors on Inquests of Escheat; and so much of a Statute made in the Thirty sixth Year of the 36 Ed.S. st.1. same Reign, as relates to Jurors on Inquests of Escheat; and so much of the First Statute, made in the Thirty eighth Year of the 38 Ed.3. c.12. same Reign, as ordains the Penalty on corrupt Jurors and Embracers; and so much of a Statute made in the Forty second 42 Ed.3. c.11. Year of the same Reign, as directs that Panels in Assizes shall be arrayed Four Days before the Sessions, and what Sort of Jurors

shall be put therein; and so much of a Statute made in the Seventh 7 Ric.2. c.7. Year of the Reign of King Richard the Second, as relates to granting a Writ of Nisi Prius at the Suit of any Jurors; and so

much of a Statute made in the Eleventh Year of the Reign of 11 H.4. c.9. King Henry the Fourth, as directs that Jurors in Indictments shall be returned by the Sheriffs or Bailiffs, without the Domination of any; and so much of the Second Statute, made in the

Second Year of the Reign of King Henry the Fifth, as relates 2 H. 5. st. 2. c.3. to the Qualification of Jurors; and so much of a Statute made in

the Sixth Year of the Reign of King Henry the Sixth, as relates 6 H.6. c.2. to the Panels in Special Assizes; and so much of a Statute made

in the Eighth Year of the same Reign, as relates to Inquests and 8 H.6. c.29. Proofs taken between Aliens and Denizens; and so much of a 23 H.6. c.9. Statute made in the Twenty third Year of the same Reign, as ordains that no Sheriff or Undersheriff shall return any of their Officers or Servants in any of the Cases therein mentioned; and

so much of a Statute made in the Thirty third Year of the same 33 H.6. c.2. Reign, as relates to the Qualification of Jurors taking Indict- in part. ments, in the County Palatine of Lancaster, and in other Counties; and so much of a Statute made in the Eighth Year of the Reign 8 Ed. 4. c.3. of King Edward the Fourth, as relates to Jurors in Middlesex; in part. and an Act passed in the First Year of the Reign of King Richard 1 Ric.3. c.4. S 2

the

19 H.7. c.13.

SII.8. c. 2.

3 H.8. c.12.

4 H.8. c.3. 5 H.8. c.5.

5 H.8. c.6.

22 H.8. c. 14. § G.

33 H.8. c.23. § 2.

the Third, intituled An Act for returning of sufficient Jurors; and an Act passed in the Nineteenth Year of the Reign of King Henry the Seventh, intituled De Riotis Reprimendis; and so much of an 1 H.8. c.8. § 4. Act passed in the First Year of the Reign of King Henry the Eighth, intituled An Act against Escheators and Commissioners for making false Returns of Offices and Commissions, as enacts what Qualification every Juror returned before Escheators or Commissioners of the Crown shall have within the same Shire where the Inquiry shall be made; and so much of an Act passed in the Third Year of the same Reign, to perpetuate the last mentioned Act, as perpetuates that Part thereof which is herein referred to; and an Act passed in the same Year of the same Reign, intituled An Act against Sheriffs for Abuses; and so much of an Act passed in the Fourth Year of the same Reign, intituled Pour le Juris infra Civitatem London; and of an Act passed in the Fifth Year of the same Reign, intituled An Act concerning Juries in London, as relates to Jurors impannelled for the Trial of Issues joined in any of the Courts at Westminster, and triable in the City of London; and so much of an Act passed in the same Year of the same Reign, intituled An Act that Surgeons be discharged of Constableship, and other Things, as relates to Juries; and so much of an Act passed in the Twenty second Year of the same Reign, intituled An Act concerning Abjurations into Sanctuaries, as relates to peremptory Challenges in Murder and Felony; and so much of an Act passed in the Thirty third Year of the same Reign, intituled An Act to proceed by a Commission of Oyer and Determiner against such Persons as shall confess Treasons, without remanding the same to be tried in the same Shire where the Offence was committed, as relates to Challenges for Want of Freehold; and so much of an Act passed in the Thirty fourth and Thirty fifth Years of the same Reign, intituled An Act for certain Ordinances in the King's Majesty's Dominions and Principality of Wales, as relates to Tales, and to the Qualifications of Jurors in the Cases therein mentioned; and an Act passed in the Thirty fifth Year of the same Reign, intituled An Act concerning the Appearance of Jurors in the Nisi Prius; and so much of an Act passed in the First Year of the Reign of King Edward the Sixth, intituled An Act for the Repeal of certain Statutes concerning Treasons and Felonies, as relates to Challenges for the Hundred; and so much of an Act passed in the Second and Third Years of the same Reign, intituled An Act for the Continuance of certain Statutes, as relates to the said Act of the Thirty fifth Year of King Henry the Eighth; and an Act passed in the Fourth and Fifth Years of the Reign of King Philip and Queen Mary, intituled An Act to make up the Jury de circumstantibus, where the King and Queen's Majesty is a Party and an Act passed in the Fifth Year of the Reign of Queen Elizabeth, intituled An Act to fill up Juries de circumstantibus lacking in Wales; and an Act passed in the Fourteenth Year of the same Reign, intituled An Act declaring that the Tenant and Defendant may have a Tales de circumstantibus, as well as the Demandant or Plaintiff; and Two Acts passed in the Twenty seventh Year of the same Reign, the one intituled An Act for the Returning of sufficient Jurors, and for the better Expedition of Trials, and the other intituled An Act for the levying of

94 & 35 H. 8. c. 26. § 103. 107, 108.

35 H.8.c.6.

1 Ed.6. c.12. § 11.

2 & 3 Ed.6.

c.32. in part.

4 & 5 P. & M. c. 7.

5 Eliz. c.25.

14 Eliz. c. 9.

an Eliz. c.6.

c.7.

Issues lost by Jurors; and so much of an Act passed in the Thirty 39 Eliz. c.18. ninth Year of the same Reign, intituled An Act for the reviving, $32. Continuance, Explanation, perfecting and repealing of divers Statutes,

22.

6&7 W. & M.

c.4. in part.

as relates to the said last mentioned Act; and so much of an Act 1 W. & M. st.2· passed in the First Year of the Reign of King William and Queen c.2. § 1. Mary, intituled An Act declaring the Rights and Liberties of the Subject, and settling the Succession of the Crown, as declares that Jurors which pass upon Men in Trials for High Treason ought to be Freeholders; and so much of an Act passed in the Fourth 4 & 5 W. & M. and Fifth Years of the same Reign, intituled An Act for reviving, c.24. § 15 to continuing and explaining several Laws therein mentioned which are expired and near expiring, as relates to Jurors; and so much of an Act passed in the Sixth and Seventh Years of the same Reign, intituled An Act for exempting Apothecaries from serving the Offices of Constable, Scavenger and other Parish and Ward Offices, and from serving upon Juries, as relates to Juries; and an Act passed in the Seventh and Eighth Years of the same Reign, intituled An Act for the Ease of Jurors, and better regulating of Juries; and so much of an Act passed in the First Year of the Reign of Queen 1 Anne, st.2. Anne, intituled An Act for continuing former Acts for exporting c.13. § 2&3. Leather, and for Ease of Jurors, and for reviving and making more effectual an Act rclating to Vagrants, as continues the said Act of the Seventh and Eighth Years of King William the Third; and also so much thereof as relates to the Qualification of Jurors in

7&8 W. & M.

c.32.

the County of York; and so much of an Act passed in the Third 3 & 4 Anne, and Fourth Years of the Reign of Queen Anne, intituled An Act c.18. § 3 to 6. for making perpetual an Act for the more easy Recovery of small Tithes, and also an Act for the more easy obtaining Partition of Lands of Coparcenary, Joint Tenancy, and Tenancy in common, and also for making more effectual, and amending several Acts relating to the Return of Jurors, as relates to Jurors; and so much

of an Act passed in the Fourth Year of the same Reign, intituled 4 & 5 Anne, An Act for the Amendment of the Law, and the better Advancement c.16. § 6, 7, 9. of Justice, as relates to Writs of Venire Facias, and to Jurors having the View; and so much of an Act passed in the Seventh 7 Anne, c.21. Year of the same Reign, intituled An Act for improving the Union $11. of the Two Kingdoms, as relates to giving a List of the Jury to

the Party indicted of High Treason or Misprision of Treason;

and so much of an Act passed in the Tenth Year of the same 10 Anne, c. 14. Reign, intituled An Act for the reviving and continuing several $ 3 to 6. Acts therein mentioned, for the preventing Mischiefs which may happen by Fire, for building and repairing County Gaols, for exempting Apothecaries from serving Parish and Ward Offices, and serving upon Juries, and relating to the returning of Jurors, as re

lates to Juries and Jurors; and so much of an Act passed in the 9 G.1. c.8. Ninth Year of the Reign of King George the First, intituled An § 1. & 2. Act for continuing some Laws, and reviving others therein mentioned, for exempting Apothecaries from serving Parish and Ward Offices, and upon Juries, and relating to Jurors, and to the Payment of Seamen's Wages, and the Preservation of Naval Stores and Stores of War, and concerning the Militia and Trophy Money, and against clandestine running of uncustomed Goods, and for more effectual preventing Frauds relating to the Customs, and Frauds in mixing Silk with Stuffs to be exported, as relates to Jurors and Juries;

and