persons as in your sight and presence shall ride or go armed You If occasion should at any time arise for imposing upon Constables any particular portion of their general duty, there can be no doubt, but the foregoing oath, at least with the omission of such parts of it as have been pointed out, 1 Fees of Constables submitted to the justices in sessions. In felonies. In parochial business. Fined for nonattendance. may be legally, perhaps opportunely and profitably, administered. But the usual practice now is, to swear the Constables, generally, to the due performance of their office according to the following form. I will well and truly serve our Sovereign Lord the King, in the office of Constable in and for the hundred of... ... (or township of B. or parish of C.) in the county of... ... according to the best of my skill and knowledge, for the year ensuing, and till another be appointed in my place. So help me God. In particular instances, the quarterly sessions have cognizance of the fees of Constables for the execution of certain parts of their duty. Special Constables are entitled to a reasonable remuneration for their services in executing warrants in cases of FELONY, to be allowed by two justices, subject to the confirmation of the justices at the next quarter session, whose order on the treasurer of the county for payment is necessary. And by a similar mode of proceeding, high Constables are to be remunerated for extraordinary exertions in cases of TUMULT, RIOT, or FELONY.† Also in the execution of PAROCHIAL BUSINESS, Constables, and all persons acting in the capacity of Constables, having delivered their accounts to the overseers of the poor of their respective parishes, are placed ultimately under the controul of the justices in session, respecting the liquidation of such accounts, where any dispute or difference of opinion arises upon them. And the justices so assembled have moreover a power of laying down any rules and regulations prospectively, respecting such allowances to Constables generally for such occasions, subject to the approbation of the judge of assize. ↑ All Constables duly appointed who neglect attending at the sessions, or answering when their names are called over, are subject to be fined at the (reasonable) discretion of the Court. § * The office of Constable is an annual one, and the sessions may relieve a person from longer service.-13 & 14 Car. 2. c. 12. 18 Geo. 3. c. 19. † 41 Geo. 3. c. 78. In such manner as Constables are appointed, and by the Removal of like authority, they are to be removed. So that if there be Constables. cause to remove an high Constable, it ought not to be done by a single justice or two, but at the quarter session, or at least at a special session, where all the justices for the district may have an opportunity of giving their opinions.* And for similar reasons the sessions have power to remove all Constables on proper cause.† service. And it is provided by statute, that if a petty Constable Discharged continue above a year in his office, the justices in session after a year's may discharge him and put another in his place. And if the court refuse to discharge, a writ of mandamus will lie. § The office of Constable being principally a ministerial May appoint a deputy. office, he may appoint a deputy on any occasion to do a mere ministerial act, and this extends to all sorts of Constables; and so far as regards petty Constables (who are frequently women, or persons incapable from age and infirmity) they may appoint deputies to do the whole business of their office; but then such deputy must be accepted and sworn by a proper authority; in which case he must make all appearances for his principal, and execute all the acts of his office; for by the acceptance and swearing of the deputy, the principal is discharged from responsibility.** THE JURORS are of course necessary attendants upon Ge Jurors. neral and Quarterly Sessions, for the trial of prisoners. The proceedings, oath, misbehaviour, and punishment of Jurors, are subjects which come more properly under consideration in the succeeding chapter; but their qualifications, exemptions, and the process for convening them, belong peculiarly to this. Juries are distinguished also into Grand, and Petit (or Grand Jury. Petty) Juries. Grand Juries must consist of thirteen at least, but not of more than twenty-three: of not less than thirteen, because every bill must be found by twelve at least ; of not more than twenty-three, lest there should be an How returned. equal division of opinions, in which event no bill could be found. Upon the summons of one of these sessions of the peace, there goes out a precept under the hands and seals of two justices of the county, division, &c. directed to the sheriff, upon which he is to return twenty-four or more out of the whole county, division, &c. out of which the grand inquest is to be taken. They must be "good and lawful men," or, in other words, liege subjects of the King, neither aliens, nor persons outlawed upon civil actions; nor attainted of any treason or felony; nor convicted of any species of crime which renders them infamous, as conspiracy or perjury. For if any one of them lie under any of these disqualifications, he may be challenged by the prisoner before bill presented; or if not discovered till after the finding, the defendant may plead it in avoidance, and answer over for the felony.* So much is clear, respecting the qualification of grand Jurors with regard to their purity of social and civil character. † These qualifications respecting property, are not so clearly defined by law, whatever they may be by custom and usage. "They ought, certainly," says Blackstone," to be freeholders, but to what amount is uncertain." With this doctrine the uniform practice is conformable, but the foundation of both being deducible from privileges appertaining to feudal antiquity alone, it is not necessary to enter further into the subject here. It is also necessary that they should be inhabitants of the county for which they are sworn to enquire, except in excepted cases; but those exceptions being special, though now numerous, and by acts of parliament, are of themselves sufficient proof of the common law rule.** What may be considered such an inhabitancy, as will bring a person within the description of those proper to be summoned, is no new question of discussion. It has arisen from the returns of petty constables "of persons qualified to serve as Jurors," comprehending the names of great freeholders, not being residents. ++. But as the sum 11 Hen. 4. c. 9. † 4 Com. 302. †t 27 Eliz. c. 7. + 2 Hale, 154. § Co. Lit. 156. ** 4 Black. Com. 303. mons which requires the attendance of the freeholder founded upon that return, is. required to be "left at his dwelling house,” * and as the sheriff of the county can have no authority to direct a summons to be served on any person beyond the limits of his own proper bailiwick, the doubt seems to be fully resolved, † by only considering the order of the processes. If any errors have crept in however, it seems agreed, (and this as well with respect to grand, as to petit Jurors) that courts of session of the peace, as well as those of Assize, have power to reform the panel, by ordering the names of objectionable persons to be omitted, and those of others to be inserted. And it is even said, that this power of removal extends to a Juror who has been sworn, on the discovery that he is an improper person. § In point of fact, nothing is more common than, when the names of a grand jury of a session of the peace are called over, for the court to direct all those to be omitted who reside in any particular parish, from which any prosecution comes, which may be likely to influence the passions, or to interest the prejudices, of the inhabitants. Of the grand Jurors returned to the quarter session, it is not an unusual practice, after 15 or 16 names have been called, to consider the inquest as complete, and not to insist upon the remainder, who may happen to be present, serving. A Petit Jury can only consist of twelve, and must be pre- Petit Jury. cisely that number, all of whom must agree in the verdict given; but they are taken by ballot out of the whole number returned, which is usually forty-eight, (subject to challenge to be noticed hereafter) although the precept commonly requires only twenty-four, but the award or precept to try a prisoner after he hath pleaded, is only venire facias twelve, and twenty-four are returned upon that panel. || "And, to the end that sheriff's may be the better informed Returning of persons fit to be returned on juries, the justices at the lists. * 7 & 8 Wm. 3. c. 32. ↑ See post, p. 68. § Lamb, 400.-1 Shaw, 632. 11 Hen. 7. c. 24.-1 Hen. 8. c. 11.-3 Hen. 8. c. 12. || 2 Hale, 263. |