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SCHEDULE.

Acts relating to Juries and Jury Process, in part or wholly repealed by 6 Geo. 4. c. 50. s. 62.

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c. 38

st. 1

st. 3. c. 9
st. 4

st. 5. c. 3.

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That the Justices shall not put in Assizes or Juries
other than those that were summoned to the
any
same at first

P. How many, and what sort of persons shall be
returned on Juries and Petty Assizes

T.

De illis qui debent poni in Juratis et Assizis
P. How Inquests and Juries are to be impanelled
An Ordinance for Inquests

T.

P. None of the Ministers therein mentioned be put in
Assizes, Juries, or Inquests without the Forest
P. The punishment of a corrupt Juror

P. Embracers and corrupt Jurors

P. The mode of trial where one or both Parties are
Aliens

P. Inquests and Proofs between Aliens and Denizens
P. Panels of Inquests shall be of the neighbourhood
P. The proceedings against Jurors taking a reward
to give their verdict

P. Qualification of Jurors on Inquests of Escheat
P. Relating to Jurors on Inquests of Escheat
P. Penalty on corrupt Jurors and Embracers

P. Panels in Assizes shall be arrayed four days
before the Sessions, and what sort of Jurors shall
be put therein

P. Granting writ of Nisi Prius at Suit of Jurors
P. That Jurors in Indictments, shall be returned by
Sheriff's or Builiffs, without domination

P. Qualification of Jurors

P. As to the Panels in special Assizes

P. Inquests and Proofs between Aliens and Denizens P. That no Sheriff or Under-sheriff shall return any of their Officers or Servants in any of the cases therein mentioned

P. The qualification of Jurors taking indictments,
in Lancaster, and other Counties

P. As to Jurors in Middlesex
T. For returning sufficient Jurors
T. De Riotis Reprimendis

P. What qualification every Juror returned before
Escheators or Commissioners of the Crown shall
have within the same Shire where the inquiry
shall be made

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P. As relates to Challenges for the Hundred

P. Continuing the Act of the 35th of Henry Eighth T. To make up the Jury de circumstantibus, where the King and Queen's Majesty is a party

T. To fill up Juries de circumstantibus

T. Declaring that the tenant and defendant may have a Tales de circumstantibus, as well as the demandant or plaintiff

T. For returning sufficient Jurors, and better expedition of trials

T. For levying Issues lost by Jurors

P. As relates to the last-mentioned Act

P. That Jurors which pass upon men in trials for high treason ought to be Freeholders

P. As to Jurors

P. As relates to Juries

T. For the ease of Jurors, and better regulating Juries P. Continuing the Act of the 7th & 8th of William the Third, relating to the qualification of Jurors in the County of York

P. Relating to Jurors

P. As to writs of Venire Facias, and to Jurors having

P.

the view

As to giving a List of the Jury to the party indicted of high treason or misprision of treason

P. Relating to Juries and Jurors

P. As to Jurors and Juries

T. For the better regulation of Juries

T. To explain so much of 3 George 2, as relates to
the better regulation of Juries in Middlesex
P. As perpetuates 3 & 4 George 2, and relates to
Special Juries

P. As to Special Juries and writs of Venire Facias
and Challenges of the Array

T. To impower Judges to set fines on persons summoned on Juries, and neglecting to attend

P. Relating to Special Juries

T. To regulate the attendance of Jurors at Assizes
P. As to the qualification of Jurors.

CRIMINAL JUSTICE ACT,

SEVENTH GEO. IV. CAP. LXIV.

AN ACT FOR IMPROVING THE ADMINISTRATION OF CRIMINAL JUSTICE IN ENGLAND.

[Passed 26th May, 1826.]

[The Clauses of this Act are given verbatim from the public Act, printed by the King's Printers; but the Side Epitome has been made more conformable to the Text.]

WHEREAS it is expedient to define under what Circumstances Persons may be admitted to Bail in Cases of Felony, and to make better Provision for taking Examinations, Informations, Bailments, and Recognizances, and returning the same to the proper Tribunals: And whereas the technical Strictness of Criminal Proceedings might in many Instances be relaxed, so as to ensure the Punishment of the guilty, without depriving the accused of any just Means of Defence; and the Administration of Justice in that Part of the United Kingdom called England might in other respects be rendered more effectual: Be it therefore 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

As to bailing on a Charge of Felony.

Parliament assembled, and by the Authority of the same, That where any Person shall be taken on a Charge of Felony or Suspicion of Felony, before One or more Justice or Justices of the Peace, and the Charge shall be supported by positive and credible Evidence of the Fact, or by such Evidence as, if not explained or contradicted, shall, in the Opinion of the Justice or Justices, raise a strong Presumption of the Guilt of the Person charged, such Person shall be committed to Prison by such Justice or Justices, in the Manner hereinafter mentioned; but if there shall be only One Justice present, and the whole Evidence given before him shall be such as neither to raise a strong Presumption of Guilt nor to warrant the Dismissal of the Charge, such Justice shall order the Person charged to be detained in Custody until he or she shall be taken before Two Justices at the least; and where any Person so taken, or any Person in the First Instance taken before Two Justices of the Peace, shall be charged with Felony or on Suspicion of Felony, and the Evidence given in support of the Charge shall, in their Opinion, not be such as to raise a strong Presumption of the Guilt of the Person charged, and to require his or her Committal, or such Evidence shall be adduced on Behalf of the Person charged as shall in their Opinion weaken the Presumption of his or her Guilt, but there shall notwithstanding appear to them, in either of such Cases, to be sufficient Ground for judicial Inquiry into his or her Guilt, the Person charged shall be admitted to Bail by such Two Justices, in the Manner herein-after mentioned: Provided always, that nothing berein contained shall be construed to require any such Justice or Justices to hear Evidence on Behalf of any Person so charged as

aforesaid,'

aforesaid, unless it shall appear to him or them to be meet and conducive to the Ends of Justice to hear the same.

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Justices to take down the Examination, &c.

and bind Witnesses to ap

pear.

II. And whereas it is expedient to amend and extend the Provisions of Two Acts, the First passed in the First and Second Years of the Reign of King Philip and Queen Mary, intituled An Act appointing an Order to Justices of Peace for the Bailment of Prisoners, and the Second passed in the Second and Third Years of the same Reign, intituled An Act to take Examination of Prisoners suspected of Manslaughter or Felony; be it therefore enacted, That the Two Justices of the Peace, before they shall admit to Bail, and the Justice or Justices, before he or they shall commit to Prison, any Person arrested for Felony or on Suspicion of Felony, shall take the Examination of such Person, and the Information upon Oath of those who shall know the Facts and Circumstances of the Case, and shall put the same, or as much thereof as shall be material, into Writing; and the Two Justices shall certify such Bailment in Writing; and every such Justice shall have Authority to bind by Recognizance all such Persons as know or declare any thing material touching any such Felony or Suspicion of Felony, to appear at the next Court of Oyer and Terminer, or Gaol Delivery, or Superior Criminal Court of a County Palatine, or Great Sessions or Sessions of the Peace, at which the Trial thereof is intended to be, then and there to prosecute or give Evidence against the Party accused; and such Justices and Justice respectively shall subscribe all such Examinations, Informations, Bailments, and Recognizances, and deliver or cause the same to be delivered to the proper Officer of the Court in which the Trial is to be, before or at the Opening of the Court.

Examinations,

&c. to be delivered to the Court.

On Charges of
Misdemeanor.

III. And be it further enacted, That every Justice of the Peace before whom any Person shall be taken on a Charge of Misdemeanor, or Suspicion thereof, shall take the Examination of the Person charged, and the Information upon Oath of those who shall know the Facts and Circumstances of the Case, and shall put the same, or as much thereof as shall be material, into Writing, before he shall commit to Prison or require Bail from the Person so charged; and in every Case of Bailment shall certify the Bailment in Writing; and shall have Authority to bind all Persons by Recognizance to appear to prosecute or give Evidence against the Party accused, in like Manner as in Cases of Felony; and shall subscribe all Examinations, Informations, Bailments, and Recognizances, deliver or cause the same to be delivered to the proper Officer of the Court in which the Trial is to be, before or at the Opening of the Court, in like Manner as in Cases of Felony.

Duty of Co

roner.

IV. And be it further enacted, That every Coroner, upon any Inquisition before him taken, whereby any Person shall be indicted for Manslaughter or Murder, or as an Accessory to Murder before the Fact, shall put in Writing the Evidence given to the Jury before him, or as as much thereof as shall be material; and shall have Authority to bind by Recognizance all such Persons as know or declare any thing material touching the said Manslaughter or Murder, or the said Offence of being Accessory to Murder, to appear at the next Court of Oyer and Terminer, or Gaol Delivery, or Superior Criminal Court of a County Palatine, or Great Sessions, at which the Trial is to be, then

and

and there to prosecute or give Evidence against the Party charged, and every such Coroner shall certify and subscribe the same Evidence, and all such Recognizances, and also the Inquisition before him taken, and shall deliver the same to the proper Officer of the Court in which the Trial is to be, before or at the Opening of the Court.

Penalty on Justices and Coroners.

V. And be it further enacted, That if any Justice or Coroner shall offend in any thing contrary to the true Intent and Meaning of these Provisions, the Court to whose Officer any such Examination, Information, Evidence, Bailment, Recognizance, or Inquisition ought to have been delivered, shall, upon Examination and Proof of the Offence in a summary Manner, set such Fine upon every such Justice or Coroner as the Court shall think meet.

Provisions to
apply to all
Justices and
Coroners.

VI. And be it further enacted, That all these Provisions relating to Justices and Coroners shall apply to the Justices. and Coroners not only of Counties at large, but also of all other Jurisdictions.

VII. And whereas divers Statutes, taking away the Benefit of Clergy, or creating Felonies without Benefit of Clergy, have omitted to take away the Benefit of Clergy under certain Circumstances consequent upon the Indictment of the Offender: And whereas a partial Remedy for such Defects was supplied by an Act passed in the Third Year of the Reign of King William and Queen Mary, intituled An Act to take away Clergy from some Offenders, and to bring other to Punishment, whereby it was enacted, that if any Person should be indicted of any Offence for which, by virtue of any former Statute, such Person was excluded from the Benefit of Clergy, if convicted by Verdict or Confession, such Person should not be admitted to the Benefit of Clergy under any of the Circumstances therein enumerated: And whereas it is expedient to extend the like Remedy to all Offences which now are or hereafter shall be

As to Felonies without Be

nefit of Clergy.

excluded from the Benefit of Clergy: Be it therefore enacted, That if any Person shall be indicted of any Offence for which, by virtue of this or any other Statute or Statutes made or to be made, the Offender is or shall be excluded from the Benefit of Clergy, such Person shall be equally excluded from the Benefit of Clergy, whether he or she shall be convicted by Verdict or by Confession, or shall upon Arraignment stand mute of Malice, or will not answer directly to the Charge, or shall challenge peremptorily above the Number of Twenty Persons returned to be of the Jury, or shall be outlawed upon such Indictment, although the Statute or Statutes taking away the Benefit of Clergy in any such Case may not expressly provide that the Offender shall be excluded from the Benefit of Clergy in case such Offender shall confess, or stand mute, or not answer directly, or challenge peremptorily above the Number of Twenty Persons. returned to be of the Jury, or be outlawed; and every thing herein contained shall extend as well to all Accessories as to Principals.

Felonies within
Benefit of
Clergy.

VIII. And, with regard to clergyable Felonies, be it enacted; That if any Person shall be indicted of any Felony for which the Offender is or shall be entitled to the Benefit of Clergy, and such Person shall on Arraignment confess the Felony, or stand mute of

* Benefit of Clergy subsequently abolished, by s. 6 of 7 & 8 Geo. 4. c. 28.

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