juries for the trial of all issues joined in such courts of session of the peace, and triable in the county, riding, or division in which every man so qualified respectively shall reside (¿). Parties exempted from serving on Juries.]-From this liability the following parties are especially exempted, and are to be omitted in the lists prepared under authority of the statute :-peers, judges of the king's courts of record at Westminster, clergymen in holy orders, priests of the Roman Catholic faith who have duly taken and subscribed the oaths and declarations required by law, persons who shall teach or preach in any congregation of protestant dissenters, whose place of meeting is duly registered, and who shall follow no secular occupation but that of a schoolmaster, producing a certificate of some justice of the peace of their having taken the oaths, and subscribed the declaration required by law; serjeants and barristers actually practising; members of the society of doctors of law, and advocates of the civil law actually practising; attornies, solicitors, and proctors duly admitted in any court of law or equity, or of ecclesiastical or admiralty jurisdiction, in which attornies, solicitors, and proctors have usually been admitted, actually practising, and having duly taken out their certificates; officers of any such courts actually exercising the duties of their respective offices; coroners, gaolers, and keepers of houses of correction; members and licentiates of the royal college of physicians in London, actually practising; surgeons, being members of one of the royal colleges of surgeons in London, Edinburgh, or Dublin, and actually practising; apothecaries certificated by the court of examiners of the apothecaries' company, and actually practising; officers in his majesty's army or navy on full pay; pilots licensed by the Trinity-house of Deptford Strond, Kingston-upon-Hull, or Newcastleupon-Tyne, and masters of vessels in the buoy and light service, employed by either of these corporations, and pilots licensed by the lord warden of the cinque-ports, or under any act of parliament or charter for the regulation of pilots in any other port; the household servants of the king; officers of customs and excise; sheriff's officers, high constables, and parish clerks (j), magistrates, clerks, ushers, doorkeepers and messengers of the police courts or offices established in Middlesex, Westminster, and Surrey (k). No justice of peace is to be summoned or impanelled as a juror to serve at any sessions of the (i) 6 G. IV. c. 50, s. 1. (j) 6 G. IV. c. 50, s. 2. (k) 2 & 3 V. c. 71, s. 3. peace for the jurisdiction of which he is a justice (l); and the inhabitants of Westminster are expressly exempted from serving on any jury at the sessions of the peace for the county of Middlesex (m); -a privilege which, being conferred by statute, does not seem to be taken away by 5 & 6 W. IV. c. 76, s. 123. The councillors, justices, treasurer, and town-clerk of every borough, are exempt from serving on juries summoned either in the borough, or in the county wherein it is situate (n). Burgesses of a borough, for which a separate court of quarter sessions of the peace is holden, are exempt from serving on juries summoned for trial of issues joined in a court of general or quarter sessions of the peace in the county wherein such borough is situate (o). Visitors or deputy visitors of houses of industry established by parishes incorporated under 22 G. III. c. 83, are exempted by s. 10 of that act, which is not repealed by 6 G. IV. c. 50. See, however, 4 & 5 W. IV. c. 76, s. 41. Besides the above, all persons who, before 6 G. IV. c. 50, were exempted by virtue of any prescription, charter, grant, or writ (e. g. of privilege), retain their privilege (p); but the late municipal corporation act abolished this immunity as to persons in boroughs (q), by repealing that enactment, as far as respects them; and enacting instead, that no persons in any borough shall continue to be exempt from serving on juries in any of the king's courts of record at Westminster, or in the superior courts, civil or criminal, of the counties palatine of Lancaster and Durham, or in any court of assize, nisi prius, oyer and terminer, gaol delivery, or sessions of the peace, or in any other of the king's courts, by virtue of any writ, grant, charter, prescription, or otherwise. It is said to be the practice not to summon those persons to serve as jurors at sessions who are on the sheriff's list to serve as such at the assizes. These exceptions are cases not of disqualification, but of excuse, on account of a similar duty elsewhere; therefore any of the parties returned may lawfully serve at the sessions without objection, if they take the oath required, and possess all other qualifications (r). The following persons are altogether disqualified from serving on all juries or inquests :-aliens, except on the trial of foreigners entitled to a jury de medietate linguæ; persons attainted of treason or felony, or convicted of any crime that is infamous, unless they shall have (1) 6 G. IV. c. 50, s. 48. (m) Id. s. 49. (n) 5 & 6 W. IV. c. 76, s. 122. (0) Ibid. (p) 6 G. IV. c. 50, s. 2. See R. v. Pugh, Doug. 188; Com. Dig. Privilege. (q) 5 & 6 W. IV. c. 76, s. 123. Ed. 499. obtained a free pardon; and persons under excommunication or outlawry (s). Provisions for the Return to Sessions of Names of Persons qualified to serve as Jurors.]—In order to secure the service on juries of all proper persons in due rotation, the statute proceeds to lay down a plan for the return of their names to the sessions, checked and controlled by the supervision of the magistrates. For this purpose it requires the clerk of the peace within the first week of July in every year, to issue and deliver his warrant to the high constable of each hundred, lathe, wapentake, or other like district; by which he shall command them to issue precepts to the churchwardens and overseers of the poor of the several parishes, and to the overseers of the poor of the several townships within their respective constablewicks, requiring them to prepare and make out before the 1st of September, a true list of all persons then residing within their respective parishes and townships qualified and liable to serve on juries, and further to comply with the requisitions of the statute (t). To every warrant so issued by the clerk of the peace, he is directed to annex a competent number of precepts and returns for the use of the respective persons by whom such precepts are to be issued, and such returns are to be made, which documents he must cause to be printed at the county's charge. The following is the form of the WARRANT provided by 6 G. IV. c. 50, to be issued by the clerk of the peace to the high constables of the various districts of the county. County of to wit. To the high constable [or, To one of the high constables] of the hundred [lathe, wapentake, &c.] of within the county aforesaid. These are to require you, within fourteen days after the receipt hereof, to issue and deliver [in the form hereunto annexed, or as near thereto as may be] your precepts to the churchwardens and overseers of the poor of the several parishes, and to the overseers of the poor of the several townships within your constablewick, requiring them to make out and return true lists of jurors, and you are at the same time to annex to each precept a sufficient number of the forms of returns left herewith; and if you find that the number now left with you is not sufficient for all the places within your constablewick, you are to apply to me for more; and you are further required to attend at a petty sessions in the last week of September next (of which you shall have due notice); and such lists as you shall there receive you are to deliver to the next court of quarter sessions for this county [riding, or division], on the first day of its sitting, and at the same time to make oath of your receipt of such lists, and that no alteration has been made therein since your receipt of them. If there is any parish within your constablewick that has no overseers of the poor except the churchwardens, you are in such case to treat them as the churchwardens and overseers of such parish, and to direct your precept, together with a sufficient number of forms of returns, to them accordingly; and if there is any parish or township which extends into any other constablewick besides your own, you are to treat every such parish or township as within your constablewick, provided the principal church of such parish or township is situated within your constablewick, and you are to issue your precepts with a sufficient number of forms of return accordingly; and these several matters you are in no wise to omit upon the peril that shall ensue. Given under my hand at year in the said county, the in the day of clerk of the peace for the said county [riding or division]. The following is the form of the PRECEPT provided by the same act, to be issued on the warrant of the clerk of the peace by every bigh constable to the parish officers of the several parishes and townships within his district, and which minutely explains their duties: Hundred of to wit. County of To the churchwardens and overseers of the poor of the parish [or to the overseer of the township] of —. By virtue of a warrant from the clerk of the peace of the said county [riding or division], unto me directed, you are hereby required to make out, before the first day of September next, a true list, in writing, in the form hereunto annexed, containing the names of all men, being natural born subjects of the king, between the ages of twenty-one and sixty, residing within your parish [or township], qualified to serve upon juries; that is to say, of every such man who has in his own name, or in trust for him, a clear income of ten pounds by the year in lands or tenements, whether of freehold, copyhold, or customary tenure, or of ancient demesne, situate in the said county, or in rents issuing out of any such lands or tenements, or in such lands, tenements, and rents, taken together, in fee simple, or fee tail, or for his own life, or for the life of any other persons; and also of every such man who has a clear income of twenty pounds by the year, in lands or tenements, situate in the said county, held by lease for the absolute term of twenty-one years, or some longer term, or for any term of years determinable on any life or lives; and also of every such man who is a householder in your parish [or township], and is rated or assessed to the poor rate, or to the inhabited house duty, on a value of not less than twenty pounds [if in Middlesex, thirty pounds]; and also of every such man who occupies a house in your parish [or township], containing not less than fifteen windows; and you are required to make out the said list in alphabetical order, and to write the Christian and surname of every man at full length, and the place of his abode, his title, quality, calling, or business, and the nature of his qualification, in the proper columns of the forms hereunto annexed, according to the specimens given in such columns for your guidance. And if you have not a sufficient number of forms, you must apply to me for more; and in order to assist you in making out the list, you are to refer to the poor rate; and you may, if you think proper, apply to any collector or assessor of taxes, or any other officer who has the custody of any house tax, land tax, or other tax assessment for your parish [or township], and take from thence the names of men so qualified; and in making such list, you are to omit the names of all peers; all judges; all clergymen; all Roman Catholic priests who shall have duly taken and subscribed the oaths and declaration required by law; all ministers of any congregation of Protestant dissenters, whose place of meeting is duly registered, provided they follow no secular occupation except that of a schoolmaster, and produce to you a certificate of some justice of the peace of their having taken the oaths and subscribed the declaration required by law; all serjeants and barristers at law; all members of the society of doctors at law, and all advocates of the civil law, if actually practising; and all attornies, solicitors, and proctors, if actually practising, and having taken out their annual certificates; all officers of the courts of law and equity, and of the admiralty and ecclesiastical courts, if actually exercising the duties of their respective offices; all coroners; all gaolers and keepers of houses of correction; all members and licentiates of the royal college of physicians in London, and all members of the royal college of surgeons in London, Edinburgh, and Dublin, and apothecaries certificated by the court of examiners of the apothecaries' company, if actually practising as physicians, surgeons, or apothecaries respectively; all officers of the army and navy on full pay; all pilots licensed by the Trinity-house of Deptford Strond, Kingston-upon-Hull, or Newcastle-upon-Tyne, and all masters of vessels in the buoy and light service employed by either of those corporations, and all pilots licensed by the lord warden of the cinque-ports, or under any act of parliament or charter for the regulation of pilots in any other ports; all the household servants of her majesty; all officers of customs of excise; all sheriffs' officers, high constables, and parish clerks [and also all persons exempt by virtue of any prescription, charter, grant, or writ] (1). And when you have made out such list, you are authorized to order a sufficient number of copies thereof to be printed, the expense of which printing will be allowed you by the parish [or township]; and you are required on the three first Sundays in September next, to fix a copy of such list, signed by you, on the principal door of every church, chapel, or other public place of religious worship within your parish [or township], and also to subjoin to every such copy a notice to the following effect, inserting the time and place, of which you shall be previously informed :— "Take notice, that all objections to the foregoing list will be heard by the justices in petty sessions on the day of September next, at the hour of at —;" and you must allow any inhabitant of your parish [or township] to inspect the original list, or a true copy of it, during the three first weeks in September next, gratis; and you are also further required to produce the said list at such petty sessions, and there to answer on oath such questions as shall be put to you by her majesty's justices of the peace there present, touching the said list; and these several matters you are in no wise to omit, upon the peril that may ensue. Given under my hand, at year in the said county, the day of Lists of Jurors, how prepared, affixed, and amended.]—In pursuance (t) But see now in boroughs (except in Westminster), 5 & 6 W. IV. c. 76, s. 122 and 123, ante, p. 112. |