of this precept, the churchwardens and overseers are to prepare lists in the following form: County ofto wit. Hundred of Parish or Township. [In towns add the The return of the churchwardens and overseers of the parish of in the hundred of in the said county, of men qualified to serve on juries. name of the streets.] Christian and surname at full length. Title, quality, The list so made out by the parish officers is to be affixed by them to the doors of the places of worship in the parish, to remain during the three first Sundays of September, with the notice subjoined as mentioned in the precept (u). On some day within the last seven days of September, in every year, at a day and place of which the justices shall have given notice before the preceding 20th August, to the high constable, churchwardens, and overseers of every parish and township in the division, the justices of the division are to hold a special (v) petty session, at which the parish officers must attend, and produce their lists, and answer on oath any questions which may be asked by the magistrates respecting them. At this petty session the justices are authorized, on the oath of any party complaining that he is not liable or qualified to serve, e. g. for being under or over age, or want of qualification by property, &c., having served within the time fixed by s. 42 (post, p. 119), or on other proof, or on their own knowledge, to strike his name out of the list returned, and also to strike out the names of men disabled by lunacy, imbecility of mind, deafness, blindness, paralysis, or other continual infirmity of body, from serving on juries (w). They are also empowered to amend the lists, by striking out the names of persons incapacitated by age, &c., or exempted by previous service, want of property, &c., introducing the name of any person improperly omitted; or to correct any error in the name or description of a person who is mentioned in such lists, notice having been given to the party to be affected; or, if notice be not previously given, at an adjourned sessions, to be held four days thereafter, at which such parties shall be called on to show cause (x). The lists, thus corrected, are to be allowed and signed by the justices, who are to give them to the high constable, who is to deliver them to the ensuing court of quarter sessions, upon oath that no alteration has been made in them since he received them. Lists to be kept by Clerk of Peace, and copied into "Jurors' Book," to be delivered to Sheriff.]-The lists so returned to the sessions are to be kept by the clerk of the peace among the records of the sessions, arranged with every hundred in alphabetical order, and every parish or township within such hundred also in alphabetical order; and the clerk of the peace is required to "cause the same to be fairly and truly copied in the same order, in a book to be by him provided for that purpose at the expense of the county, with proper columns for making the register afterwards directed, and to deliver the same book to the sheriff of the county or his under-sheriff, within six weeks next after the close of such session, which book shall be called "the jurors' book for the year—" (inserting the calendar year for which such book is to be in use); and the sheriff, on quitting his office, is to deliver the same to his successor (y). Every jurors' book so prepared, is to be brought into use on the 1st January after it is so delivered by the clerk of the peace to the sheriff or his under-sheriff, and is to be used for one year then next following (z). From this book, for the current year, and from this only, the sheriff is to return the names of jurors, unless, indeed, there be no jurors' book for the current year, and then he may return names from the book of the year preceding (a). Process to Sheriff for Return of Jurors from the Body of the County.]-The modern statute, 6 G. IV. c. 50, is chiefly directed to the formation of a class from which jurors are to be returned, and for the fair apportionment of duty among them; and does not affect the process by which the sheriff is required to return juries, or the precept issued by him in obedience to such process;-except that the sheriff is to be directed to return, and to issue his precept for the return of a competent number of good and lawful men, qualified according to law, (x) 6 G. IV. c. 50, s. 10. Ed. I. st. 1, c. 38; 2 Inst. 447. (y) 6 G. IV. c. 50, s. 12. See 13 (z) Id. ibid. (a) Id. s. 14. from the body of the county, without requiring any to be returned from particular hundreds (b). Grand Jury, by what Precept summoned.]-The grand jury are summoned by virtue of a precept, under the hands and seals of two justices, directed to the sheriff, upon which he is to return twentyfour or more out of the whole county, from whom the grand inquest is to be taken. By 6 G. IV. c. 50, s. 1, the qualification and disabilities of grand and petty jurymen at sessions are precisely similar, and the names are to be taken from the same returns (c). Petty Jury, how summoned.]-Before the holding of any general or quarter session, there is a precept issued to the sheriff, under the hands and seals of two justices, requiring him to return twenty-four jurors; but on this it is usual for him to return forty-eight, seventytwo, or more, according to the size of the bailiwick, and the expected number of prisoners, in order to provide for challenges (d), and the division of courts by the quarter sessions. The award or precept to try a prisoner after he has pleaded, requires only that twelve should come, and twenty-four are returned on that panel (e). If the panel should be exhausted, by reason of parties returned being challenged or excused, the court retains the power which it possessed before the act, of orally requiring a sheriff to return a jury immediately of the bystanders; which shows the propriety of the sheriff attending by a competent representative on the sessions, as it is not fitting that so important a duty should be left to a bailiff or other subordinate officer. Individuals who are to be summoned on Grand and Petty Juries, and Certificates of Service.]—In order to provide for a fair distribution of labour among parties qualified and liable to serve on grand and petty juries at the session, it is provided, that at every session, the clerk of the peace shall make out a list of such persons as shall attend to serve on any grand or petty jury at such sessions, together with their respective places of abode and additions, and the date of their services; and shall, within twenty days after the close of every such sessions, transmit such list to the sheriff or under-sheriff of the county, who is required (b) 6 G. IV. c. 50, s. 13. See ante, p. 56, (c) At assizes, the sheriff is not bound to return to serve on the grand jury, such persons only as appear on the jurors' book. See 6 G. IV. c. 50, s. 39, and Russ. & Ry. 177. An Irish peer may serve on a grand or petty jury if he forthwith to register the names of the men included in such list in the proper columns of the jurors' book for that purpose, together with the date of their services; and every man so summoned, and having duly attended or served until discharged by the court of sessions, shall, upon application by him made to such clerk of the peace before he shall depart from the place where the sessions are holden, receive a certificate testifying such his service, which certificate the said clerk of the peace is required to give on payment of one shilling (ƒ). Service within a certain Time an Exemption from what further Service.]-No man may be returned to serve on any grand jury or petty jury at any session of the peace, for any county, riding, or division, who has served as a juror at such session, within one year before in Wales, or in the counties of Hereford, Cambridge, Huntingdon, or Rutland, or two years before in any other county, and has the certificate of the clerk of the peace of having so served; and if any sheriff or other minister shall wilfully transgress in such respect, the court may and are required, on examination and proof, in a summary way to set such fine on the offender as they shall think meet (g). Misconduct in summoning or excusing Jurors.]-And no sheriff, under-sheriff, or other officer, shall, directly or indirectly, receive any money or other reward, or promise of money or reward, to excuse any man from serving, or from being summoned to serve on juries, or under any such colour or pretence; and no officer appointed to summon juries, shall summon any man to serve thereon other than those whose names are specified in the warrant to him directed; but if any party shall wilfully transgress in such respect, summoning parties as jurors who are not named in the warrant, he shall be liable to be fined, on summary complaint, by the court within whose jurisdiction the offence shall be committed (h). Time and Mode of summoning Jurors.]—The summons to serve on juries at the sessions must be made by the proper officer ten days at least before the day on which the juror is summoned to attend, by showing to the person to be summoned, or, in case he shall be absent from the usual place of his abode, by leaving with some person there inhabiting, a note in writing under the hand of the sheriff or other proper officer, containing the substance of the summons (i). If any (f) 6 G. IV. c. 50, s. 41. (g) Id. s. 42. (h) Id. s. 43. officer shall summon a juror less than ten days before the day when he is required to attend, such officer is liable to be fined for his neglect in the discretion of the court (j). Fining Jurors for non-attendance.]—And if any man having been duly summoned to attend on any kind of jury at a quarter sessions, shall not attend in pursuance of such summons, or being thrice called shall not answer to his name, or being called shall be present but not appear, or after his appearance shall wilfully withdraw himself from the presence of the court, the court shall set such fine on every such man so making default (unless some reasonable excuse shall be proved by oath or affidavit), as the court shall think meet (k). Exemption from serving on Juries, how claimed, if Names remain on Jurors' Lists.]-Persons exempted by law from serving on juries, but whose names, however, from any neglect, are not struck out of the lists made out by the parish officers at the petty session, and who are duly summoned by the sheriff, must attend and claim their privilege from the court, for the sheriff cannot return it so as to exonerate them (2). Penalties imposed on Officers for Neglect of prescribed Duties.]— To ensure the due performance of the duty imposed on the various officers, in respect of the selection and summoning of juries, they are made answerable for their neglect in penalties. Thus the clerk of the peace neglecting to cause the proper forms to be printed, or to issue his warrant with such number of the prescribed forms as he shall, boná fide, think sufficient; or neglecting, within three days after application by a high constable, to deliver an additional number of forms; or to provide the jurors' book, and deliver it to the sheriff or under-sheriff; or to give notice to the sheriff or under-sheriff of any error certified by a justice; or to deliver to any man who has served on the grand and petty jury at sessions, a certificate of his service on application and payment of ls.; or to transmit to the sheriff or under-sheriff a list of the men who have attended and served, will forfeit 507., half to the (j) 6 G. IV. c. 50, s. 43. (k) 6 G. IV. c. 50, s. 38. This was the common law. "Courts inferior to the courts of Westminster may clearly fine and imprison for a contempt, if they are courts of record, as the court of quarter sessions, and the court of oyer and terminer. Indeed it is the constant practice for those courts to fine jurors who do not attend." Per Holroyd, J., 4 B. & Ald. 223, in R. v. Clement, Hilary Term, 1821. (1) 2 Inst. 448. Trials per Pais, 87. |