servant, counsellor, steward, or attorney, or of the same society or corporation with him.

Propter delictum, are for some crime or misdemeanour of which he has been convicted, that affects the juror's credit and renders him infamous.

The time for making the challenge is, when the jurors are called to the box and before they are sworn. The challenge to the polls in capita is generally allowed almost as a matter of course; therefore, the formality of putting it to issue is only resorted to in cases of opposition.

SECTION 4.

THE MODE OF SUMMONING JURORS.

THE clerk of the peace shall, within the first week of July in every year, issue his warrant to the high constable, commanding them to issue their precepts to the churchwardens and overseers of the poor, requiring them to prepare, before the first day of September, a list of all men residing within their parishes and townships liable to serve on juries. 6 Geo. IV. c. 50, s. 4.

The clerk of the peace is to annex printed forms of precepts and returns to his warrants.

S. 5.

The justices of the division may order any extra-parochial place to be annexed to any adjoining parish or township for the purposes of this Act. S. 7.

Lists of qualified persons to be fixed on church doors, and also kept by the churchwardens and overseers for inspection. S.9.

The lists are to be produced, considered, reformed, and allowed at the Petty Sessions to be held in the last week of September. But the justices not to alter the same without notice to the party affected to shew cause against the same at an adjournment of such Petty Session, to be holden within four days therefrom.

The lists after being so allowed are to be delivered to the high constable, who must deliver them to the clerk of the peace on the first day of the then next Quarter Sessions of the Peace, at the same time attesting on oath his receipt of the same from the Petty Sessions, and that no alteration hath been made therein since such receipt. S. 10.

The clerk of the peace is to keep the returns amongst the records of the Sessions, and transcribe the names as heretofore

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in a book, to be transmitted to the sheriff within six weeks next after the close of the Quarter Sessions; and which book is to be in use for one year from the first day of January then next. S. 12.

The jurors are to be returned from such book by the sheriff, and also by coroners and elisors, when a venire facias is directed to them. S. 14.

The summons of common jurors to be made ten days before the day of attendance, and special jurors three days. But the time for summoning jurors for London and Middlesex to remain as heretofore. S. 25.

The sheriff is to register the names of jurors who have served at the Assizes, Great Sessions in Wales, or Courts in Counties Palatine, and to give a certificate if required of such service on payment of one shilling. S. 40.

The clerk of the peace also is to make out a list of all persons who serve at the Sessions on grand or petit juries, and transmit the same to the sheriff to be registered; and the clerk of the peace at such Sessions shall grant a certificate of such service if required on payment of one shilling. S. 41.

SECTION 5.

FINES OF JURORS, AND HOW REMITTED.

For non-attendance generally. If, after being duly summoned, a juror shall not attend, or being thrice called shall not answer to his name, or after being called shall be present but not appear,sor after his appearance shall wilfully withdraw himself, the Court shall set such fine upon him (unless some reasonable excuse shall be proved by oath or affidavit) as the Court shall think meet. S. 38.

A viewer making such default is subject to a fine of £10 at the least, and to as much more as the Court, under circumstances shall think fit. Ib.

Affidavit excusing a Juror after Summons.

COUNTY OF A. B. of C. in the county of S. aforesaid, farmer, SOMERSET. maketh oath and saith, that he this deponent was duly summoned to appear at the General Quarter Session of the Peace,

day of

to be holden at the city of Wells, in and for the same county, on Monday the instant, as a juror on the grand inquest (or as the case may be); but that previously thereto he this deponent was served with a subpoena to give evidence in an appeal against an order of removal, wherein the inhabitants of the parish of D. were the appellants, and the inhabitants of the parish of E. are the respondents, at the Devonshire Quarter Sessions of the Peace, which are held at the same time: or state any other efficient cause of absence, as severe illness, accident, &c.; then get in such case the certificate of a medical man, and verify the signature of such certificate by affidavit; or, which will be the better way, to get some person going to the Sessions to visit the juror intended to be excused, and let him make oath thereof in Court.

Before the passing of this Act no secondary evidence of the inability of the party to attend would have been received. But now the cause of absence may be verified by affidavit. S. 38.

Non-attendance in London. The courts of nisi prius, oyer and terminer, gaol delivery, and sessions of the peace, held for the city of London, have the same power to fine jurors, viewers, and talesmen, as other courts before mentioned. S. 51.

Non-attendance before the sheriff. Sheriffs, coroners, and commissioners, may fine jurors in like manner, not exceeding £5. S. 53.

Inferior courts. Persons summoned to serve on juries in inferior courts, not attending, to forfeit not more than £40 nor less than 20s., unless the Court be satisfied with the cause of absence. S. 54.

Embracery. Persons guilty of this offence, and jurors consenting thereto, may be proceeded against by indictment or information, and punished by fine and imprisonment, as before the passing of this Act. S. 61.

Recovery of fines. All fines imposed under this Act shall be levied and applied in the same manner as any other fines imposed by the same Court. S. 55.

How fines may be remitted. It frequently happens that jurors when fined are prevented from shewing cause why their fines should not be remitted at the same Sessions when so fined; and they will be served with a summons to shew cause at the subsequent Session: in such case it will now (by the late Act) be necessary for the juror to be prepared with an affidavit of facts as before suggested in this section p. 170; and in most counties he must move by counsel that such affidavit be read, and,

on the grounds therein set forth, that his fine should be remitted; but most generally the Court will hear the party himself and examine him ore tenus.

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CHAPTER XIX.

LAND TAX.

DUPLICATES of the assessments to the land tax are returned to the Michaelmas General Quarter Sessions of the Peace in every year.

If copies or extracts should be wanted to elucidate title, or or for other purposes, application should be made to the clerk of the peace, who, as deputy to the custos rotulorum, has the charge of all the sessions records of the county.

All appeals given by the various statutes for assessing, collecting, and redeeming the land tax, are to the commissioners (who may hold Petty Sessions for that purpose), and not to the justices, except by a clause of appeal in the 20 Geo. III. c. 17, which, with respect to Parliamentary voters, directs that "if the name of the owner of any messuage, land, or tenement, entitled to vote for a knight of the shire, shall not appear to be inserted in the assessment, he may, on giving notice in writing to one of the assessors, appeal to the said commissioners, who shall amend the assessment as they shall see cause; and if any person shall think himself aggrieved by the determination of the commissioners, he may appeal to the justices at the next Sessions, giving ten days' notice thereof to one of the commissioners who signed the duplicate, and to one of the assessors of the place where the estate lies; and the Sessions may award costs to either of the parties, and by their order or warrant levy the same by distress. And the commissioners shall cause one of the duplicates so amended to be returned to the assessors, to be by them delivered to the high constable, and by him to the clerk of the peace, to be had recourse to in his possession in cases of election of knights of the shire.

FELONY and trespass are in many instances in the eye of the law very closely connected; it may not therefore be travelling very much out of the way to give a few instances to the young practitioner where the line is drawn between the criminal and civil offence in this respect, in order that he may not unnecessarily come to the Sessions with a view to indict for a crime, where the party has a remedy only at common law by action for a trespass.

Damages done to freehold property, such as burning, demolishing, or taking part of the same away, were by the common law (except in the case of arson, &c.) merely trespasses; notwithstanding that the act was frequently attended with circumstances of the greatest atrocity.

Burning any wood growing, in a riotous or secret and clandestine manner, is made felony by 6 Geo. I. c. 16.

So also is stealing lead affixed to a dwelling house, by 4 Geo. II. c. 32.

This statute also extends to iron bars, iron gates, iron palisados, and lead fixed to any building, or fixed in a garden, court, yard, fence, or outlet thereto belonging.

So also stealing copper, brass, and bell metal, affixed in like manner, is made felony by the stat. 21 Geo. III. c. 68.

By the 25 Geo. II. c. 10, the breaking into any mines of black lead with intent to steal, is deemed felony.

To lop, cut down, break, burn, or otherwise spoil or destroy, or carry away timber trees, or trees likely to become timber, without consent, is made felony, by 6 Geo. III. c. 36.-Vide