At all times when the Judges of the Jury Court shall fix their days of sitting in Edinburgh during the winter and summer ses❝sions, and likewise during the spring and aù"tumn vacations, they shall give twenty-one ❝ days notice thereof, by having the same affix"ed upon a board, to be hung, as often as sit

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tings are appointed, upon the wall of the "Outer Parliament-House, and in the lobby of "the Court of Exchequer, signed with a name “of a clerk of the Jury Court." "

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They shall give similar notice of the time " and place of their sitting at the circuit towns, (specifying the towns), to be put up and pub"lished, in manner foresaid, twenty-one days "before the time fixed for holding such circuit : "And all such notices to be affixed and publish"ed as aforesaid, shall likewise be affixed upon "the door of the court-house of the circuit"town where the causes are to be tried, and on "the door of the sheriff's court in the other "county towns of the circuit, fourteen days be"fore the holding such circuit.""

"The original copy of all such notices shall "be duly signed by a clerk of the Jury Court, " and filed in the office of the said Court at the

"time of making the order, to which recourse

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may always be had by parties or their agents, "at regular office-hours." P

A. S. 9th December 1815, § 7.

• Ibid.

P Ibid.

CHAP. II.

OF THE JURY.

THERE HERE are two sorts of Juries before whom cases in the Jury Court may be tried, a common and a special Jury.

The common Jury is summoned," in the same "manner as the Jury is at present summoned "to the High Court of Justiciary." It is enacted," that such summons shall issue by virtue "of an authority or precept signed by the clerk "of the Jury Court; and that immediately, up"on receipt of the said authority or precept,

the sheriff, stewart, or other officer or officers "employed to return Juries to the High Court "of Justiciary, shall make out a list containing "the christian and surnames, additions and

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places of abode, of a competent number of per"sons qualified to be Jurors, and shall return "the said list to the clerk of the Jury Court, "annexed to the said authority or precept, with"out delay, the names of the same persons being always inserted in the lists annexed to each "authority or precept issued by the clerk of the Jury Court in manner aforesaid; which num"ber of Jurors shall not be less than thirty-six "in any county, city, town, or place, nor more "than fifty; and that the persons named in the

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a

a "The number in Edinburgh is usually thirty-six, viz. twenty"six from Edinburgh, and five from each of the counties of East

❝ and

"said lists shall be summoned to serve as Jur"ors for the trial of such issues within the coun

ties, cities, towns, or places named in such "authorities or precepts respectively, and no “others." b

The special Jury must be "chosen from persons paying cess in the county, city, "town, or place, from which such Jury shall be taken, upon 1001. of valued rent, or paying assessed taxes to the crown, on a house "of the rent of 801. sterling by the year." It is returned in the same manner 66 as the "common Juries." And" in order to secure "the return of Jurymen qualified to be special

" e

d

с

and West Lothian. On the circuits, the number usually returned "is either thirty-six or forty-five, to correspond with the Justiciary Jury, the same persons being sometimes summoned for both "Courts, if the business at the circuit is not such as to render it "inconvenient for the same Jury to attend both Courts." (Russel's Form of Process before the Jury Court, p. 37).

55 Geo. III, cap. 42, § 20.

• Ibid. § 24.

That is to say, "by the sheriff, stewart, or other officer or of "ficers, by virtue of an authority or precept signed by the clerk of "the Jury Court."

The special Jury is granted only on an express application from the parties, (infra, Chap. vi, Sect. 1, Art. 2). "And the clerk of the Jury "Court, upon intimation by the clerk of Session to the process, (if the application for a special Jury is to a Division of the Court of Session), " or upon the application being made to the Jury Court, shall imme "diately, on the order for such Jury being granted, notify the order of "the Court to the sheriffs-depute, their substitutes, or officers in the

district, from whence the special Jury is to come, requiring them, "within 48 hours, to return to the office of the Jury Court thirty-six "persons qualified to be special Jurymen," (A S. 9th December 1815, § 15).

• 55 Geo. III, c. 42, § 24.

Jurymen, as herein before provided, the she"riff, stewart, or proper officer or officers em"ployed to return Juries to the High Court of "Justiciary, shall immediately after the passing "of this act, and afterwards, on or before the "first day in the month of January in each "year, make up a roll of all persons within "their district so qualified as special Jurymen " in the immediately preceding year, by paying "cess in the county, city, or town, in which "such persons reside, upon 100l. of valued rent, "or paying taxes to the crown on a house of "301. sterling by the year; and shall return the "said list to the clerk of the Jury Court on " or before the 31st day of the said month."' "The number of qualified persons to be re"turned by the sheriff or stewart as special Ju

rymen, to try any issue, shall be thirty-six; "and the names of the said thirty-six persons "shall be returned to the clerk of the Jury "Court, and shall by him be annexed to the "order or interlocutor directing the issue to be "tried by a special Jury.""

h

Of the number of Jurymen thus summoned, -whether as common or special Jurymen,twelve only are necessary for the trial of a case. The others are summoned for the sake of a more impartial choice, and for security against those contingencies, which may occur

f 55 Geo. III, c. 42, § 25.

• Ibid. § 26.

Ibid. § 21 and 27.

through the sickness, absence, challenge, &c. &c. of any of the Jurymen contained in the list.

That the attendance of Jurymen may be properly enforced, it is enacted, "that every person or persons whose name or names shall be "drawn" in the ballot for a common Jury, "or who shall be summoned as a special Juror, "or special Jurors, and who shall not appear after being openly called three times,

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upon oath made by some credible person "that such person so making default had "been lawfully summoned, shall forfeit and pay " for every default in not appearing upon call, " as aforesaid, (unless some reasonable cause of "his absence be proved by oath or affidavit to "the satisfaction of the Court or Commis"sioner who sits to try the said issues), such "fine or fines, not exceeding the sum of 51., and "not less than 40s., as the Court or Commis"sioner shall think reasonable to inflict or as"sess for such default."i

Besides the common excuses which may at times be made by every individual, for not attending on his duty as a Juryman, there are certain classes of persons who are altogether exempted. It is enacted, "that no practising advocate, clerk to the signet, solicitor, "or procurator before any of the supreme or "inferior courts, shall be returned or summon.

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i 55 Geo. III, c. 42, § 22.