windows, shall be qualified and shall be liable to serve on juries for the trial of all issues joined in any of the King's Courts of Record at Westminster, and in the superior courts, both civil and criminal, of the three counties palatine, and in all courts of assize, nisi prius, oyer and terminer, and gaol delivery, such issues being respectively triable in the county in which every man so qualified respectively shall reside, and shall also be qualified and liable to serve on grand juries in courts of sessions of the peace and on petty juries, for the trial of all issues joined in such courts of sessions of the peace, and triable in the county, riding, or division in which every man so qualified respectively shall reside; and that every man (except as herein-after excepted) being between the aforesaid ages, residing in any county in Wales, and being there qualified to the extent of three-fifths of any of the foregoing qualifications, shall be qualified and shall be liable to serve on juries for the trial of all issues joined in the courts of great sessions, and on grand juries in courts of sessions of the peace, and on petty juries for the trial of all issues joined in such courts of sessions of the peace, in every county of Wales, in which every man so qualified as last aforesaid respectively shall reside."

The second section specifies the persons who shall be exempted from serving as jurors; and enacts, "That all peers; all judges of the King's Courts of Record at Westminster, and of the courts of great session in Wales; all clergymen in holy orders; all priests of the Roman Catholic faith who shall have duly taken and subscribed the

oaths and declarations required by law; all persons who shall teach or preach to any congregation of Protestant dissenters, whose place of meeting is duly registered, and who shall follow no secular occupation except 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; all serjeants and barristers at law actually practising; all members of the society of doctors of law, and advocates of civil law actually practising; all attorneys, solicitors, and proctors duly admitted in any court, of law or equity, or of ecclesiastical or admiralty jurisdiction, in which attorneys, solicitors, and proctors have usually been admitted, actually practising, and having duly taken out their annual certificates; all officers of any such courts actually exercising the duties of their respective offices; all coroners, gaolers, and keepers of houses of correction; all members and licentiates of the Royal College of Physicians in London actually practising; all surgeons being members of the Royal Colleges of Surgeons in London, Edinburgh, or Dublin, and actually practising; all officers in his Majesty's navy or army 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 of any other port; all the household servants of his

Majesty, his heirs and successors; all officers of customs and excise; all sheriff's officers, high constables, and parish clerks, shall be and are hereby absolutely freed and exempted from being returned, and from serving upon any juries or inquests whatsoever, and shall not be inserted in the lists to be prepared by virtue of this act as hereinafter mentioned: provided also, that all persons exempt from serving upon juries in any courts aforesaid, by virtue of any prescription, charter, grant, or writ, shall continue to have and enjoy such exemption in as ample a manner as before the passing of this act, and shall not be inserted in the lists herein-after mentioned."

The third section disqualifies aliens except on juries de medietate, as mentioned in a subsequent section; and also disqualifies convicts of infamous crimes, unless pardoned; and also disqualifies outlaws.

then follow some provisions for the responsibility of high constables, where there shall be more than one, and also as to where parishes extend into more than one hundred provision is also made for justices of division ordering extra-parochial places to be annexed to any adjoining parish, &c.: churchwardens and overseers are to make out the lists of persons qualified, &c. such list to specify the christian and surname, written at full length, and with the true place of abode, the title, quality, calling, or business, and the nature of the qualifications of every such man the lists to be fixed on church doors and also kept by the churchwardens for inspection: at petty sessions, in the last week of September, the churchwardens, &c. shall produce such list, and shall answer upon oath such questions touching the same as the justices then present shall put; and the justices are authorized, upon satisfaction from the oath of the party complaining, or other proof, or upon their own knowledge that he is not liable to serve on juries, to strike his name out of such list: lunacy, imbecility of mind, deafness, blindness, or other permanent infirmity of body, operate disability: the justices may then insert the name of any person omitted, and may reform errors and omissions in the list, but are not at liberty to alter any list without notice to the party to be affected by such alteration: petty sessions may then allow such list, and deliver it to the high constable, who is to return it to quarter sessions on oath that no alteration has been made since, &c.: power is given to the churchwardens, &c. for assist

The fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, and twelfth sections relate to the formation of the lists of jurors: viz. The clerk of the peace in every county, &c. shall within the first week in July in every year issue his warrant, according to a form prescribed by the statute, to the high constables of each hundred, &c. by which they are to issue forth their precepts to the churchwardens and overseers, &c. requiring them to make out, on the first day of September ensuing, a true list of all men residing, &c. qualified, &c.: within fourteen days after the receipt of such warrant, the high constable shall issue his precepts to the churchwardens, &c. to make out the list mentioned above:

ance in completing the lists, to inspect tax assessments and poor rates: the clerk of the peace is to keep such lists amongst the records of the sessions, in the order mentioned in the twelfth section of the act, and shall cause the same to be fairly copied, in the same order, in a book, and shall deliver the same book to the sheriff of the county or the undersheriff: the book to be called the Jurors' Book for the Year: such book to be used for one year.

The thirteenth section prescribes the form of the venire fucias, and of the precept for the gaol delivery and sessions of the peace.

The fourteenth section provides for the returns of jurors, upon receipt of such writ, by the sheriff, coroner, or elisor.

The fifteenth section directs the sheriff, &c. to annex a panel to the venire, containing the names, &c. of the jurors; the panel to contain not less than fortyeight, nor to exceed seventy-two, unless otherwise directed by the judges of assize, &c.

The sixteenth section authorizes the plaintiff, who shall not have proceeded to trial on the first venire, to issue another so, in the case mentioned in the statute, the defendant may do the

same.

The seventeenth and eighteenth sections refer to returns of jurors in counties palatine, and also to returns of jurors in Wales, who are to have ten days notice of attendance.

The nineteenth section directs that a copy of the panel shall be kept in the sheriff's office, for the inspection of parties and their attorneys.

juries in all criminal courts shall be returned as before.

The twenty-first section directs that a copy of the panel be delivered to parties indicted for high treason; and makes other provisions as to the delivery of the list of the petty jury to the party so indicted; and enumerates some exceptions having reference to indictments for cases of treason specified in the act.

The twenty-second section enacts, that any judge of assize, &c. may direct the same panel for the criminal and civil sides, and may direct two sets of jurors to be summoned, one to attend at the beginning of each assizes, and the other to attend the residue thereof, to serve indiscriminately on the criminal and civil side: then follows a provision, that in case of view the judge shall appoint trial during the attendance of the viewers.

The twenty-third section provides, that where jurors are to view lands, &c. the court may order special writs of venire facias or habeas corpora: and the twenty-fourth section provides, that the viewers shall be sworn upon the jury first.

The twenty-fifth section provides, that jurors, not special, should be summoned ten days before the day of attendance, and special jurors three days. It further provides, that the time for summoning jurors in London and Middlesex shall not be longer than heretofore by law required.

associate, and balloted for juries in the civil courts; and proceeds, "that the name of each man who shall be summoned and impanelled in any court of assize or nisi prius, or for the trial of issues in the civil courts of the counties palatine or great sessions, with the place of his abode and addition, shall be written on a distinct piece of parchment or card, such pieces of parchment or card being all as nearly as may be of equal size, and shall be delivered unto the associate or prothonotary of such court by the under-sheriff of the county, or the secondary of the city of London, and shall, by direction and care of such associate or prothonotary, be put together in a box provided for that purpose, and when any issue shall be brought on to be tried, such associate or prothonotary shall in open court draw out twelve of the said parchments or cards one after another, and if any of the men whose name shall be so drawn shall not appear, or shall be challenged and set aside, then such further number, until twelve men be drawn, who shall appear, and, after all just causes of challenge allowed, shall remain as fair and indifferent; and the said twelve men so first drawn and appearing, and approved as indifferent, their names being marked in the panel, and they being sworn, shall be the jury to try the issue, and the names of the men so drawn and sworn shall be kept apart by themselves until such jury shall have given in their ver dict and the same shall be recorded, or until such jury shall, by consent of the parties, or by leave of the court, be discharged, and then the same names

shall be returned to the box, there to be kept with the other names remaining at the time undrawn, and so toties quoties as long as any issue remains to be tried: provided always, that if any issue shall be brought on to be tried in any of the said courts before the jury in any other issue shall have brought in their verdict or been discharged, it shall be lawful for the court to order twelve of the residue of the said parch · ments or cards, not containing the names of any of the jurors who shall not have so brought in their verdict or been discharged, to be drawn in such manner as is aforesaid, for the trial of the issue which shall be so brought on to be tried: provided also, that where no objection shall be made on behalf of the king or any other party, it shall be lawful for the court to try any issue with the same jury that shall have previously tried or been drawn to try any other issue, without their names being returned to the box and redrawn, or to order the name or names of any man or men on such jury, whom both parties may consent to withdraw, or who may be justly challenged or excused by the court, to be set aside, and another name or other names to be drawn from the box, and to try the issue with the residue of such original jury, and with such man or men whose name or names shall be so drawn, and who shall appear and be approved as indifferent, and so toties quoties as long as any issue remains to be tried."

The twenty-seventh, twenty-eighth, and twenty-ninth sections relate to the causes of challenge, and want of quali fication according to the act is declared

to be a good cause of challenge; but it is provided that this shall not extend in anywise to any special juror.

In this part of the statute there seems some little inaccuracy, for it is seen that the names of the special jurors, like those of the common jurors, are alike taken from the jurors book.

The twenty-eighth section enacts, that no challenge shall be taken to any panel of jurors for want of a knight's being returned in such panel, nor any array quashed by reason of any such challenge.

The twenty-ninth section enacts, that the king shall only challenge for cause, and that no person arraigned for murder or felony shall be admitted to any peremptory challenge above the number of twenty.

The thirtieth section provides for the power of the court to order special juries to be struck before the proper officer.

The thirty-first section enacts, that every man who shall be described in the jurors book for any county in England or Wales, or for the courts of the city of London, as an esquire, a person of higher degree, or as a banker, or merchant, shall be qualified and liable to serve on special juries in every such county in England and Wales, and in London respectively. And further enacts, that the sheriff shall extract from the jurors book the names of all men qualified as special jurors, and shall write them in a separate list, and prefix numbers to all the names in such list, and shall write all the numbers on distinct cards, and put them in a box for safe custody.

By the thirty-second section, the officer is to appoint a time and place for nominating the special jury. And the under sheriff, or his agent, is to attend him with the special jury list, and the officers to put all the numbers, written upon the card, in the presence of the parties, or their attorneys, if they choose to attend, or in their absence, into a box, and after having shaken them together, shall draw thereout

forty-eight of the said numbers, one after another, and shall, as each number is drawn, refer to the corresponding number in the special jurors list, and read aloud the name designated by such number; and if at the time of so reading any name, either party, or his attorney, shall object that the man whose name shall have been so referred to is in any manner incapacitated from serving on the said jury, and shall also then and there prove the same to the satisfaction of the said officer, such name shall be set aside, and the said officer shall instead thereof draw out of the said box another number, and shall in like manner refer to the corresponding number in the said list, and read aloud the name designated thereby, which name may be in like manner set aside, and other numbers and names shall in every such case be resorted to, according to the mode of proceeding herein before 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 fortyeight names cannot be obtained from