JURY, 



When the general day of trials is fixed, the plaintiff, or 

 Jiis atloniey, rhult bi-ing down the record to tlie alUzes, 

 and enter it with the proper officer, in ordt-r to its being 

 called in courfe. If it be not fo entered, it cannot be tried ; 

 therefore it is in the plaintifl's breall to delay any trial by 

 not carrying down the record, unlefs tlie defendant under- 

 takes to bring im the trial by giving proper notice to the 

 plaintiff. This proceeding is called the trial by provifo. 

 Jiowevcr, this practice hath begun to be difufed, lince the 

 llatute 14 Geo. II. cap. 17, wiiich cna^.s, that if, after 

 ilfue joined, the caufe is not carried down to be tried accord- 

 ing to the courfe of the court, the plaintiff lliall be elkemed 

 to be non-fuited, and judgment ihall be given as in cafe of 

 a non-fiiir. .In cafe the plaintiff intends to try the canfe, 

 he is bound to give the defendant (if he hves within forty 

 miles of London) eight days notice of trial ; and it he lives 

 at a greater dillance, fourteen days notice ; and if he changes 

 his mind, and does not countermand tlie notice fix days be- 

 .fore the trial, he ihall be liable to pay colls to the defendant 

 for not proceeding to trial, by the lail-nientioned ftatute. 

 The defendant, however, or plaintifl", may, upon good caufe 

 .fhewn to the court above, as upon ablence or ficknefs of 

 a material witnefs, obtain leave upon motion to defer the 

 trial of the caufe till the next allizes. But when the caufe 

 is called on regularly in court, the record is conveyed to 

 tlie judge, while the jury is called and fworn. To tliis end 

 the IherifF returns his compulhve procefs, tlie writ of hahtfas 

 corpora, oT.diJhhi^as, with the panel of iurors annexed, to 

 tiie judge's officer in court. The jurors contained in the 

 panel are either fpecial or common juror . See Special ivKY. 



A common jury is one returned by the fheriff, according 

 to the directions of the ftatute 3 Geo. II. cap. 25, which 

 appoints tliat the (lieriff or officer fhall not return a feparate 

 panel for every feparate caufe, as formerly ; but one and the 

 fame panel for every caufe to be tried at the fame afhzes, 

 containing not lets than forty-eight, nor more than feventv- 

 two iurors : and that their names, being written on tickets, 

 jhall be put into a box or glafs : and when each caufe is 

 called, twelve of thefe perfons, whofe names fhall be liril 

 drawn out of the box, ihall be fworn upon the jury, unlefs 

 abfent, challenged, or excufed ; or unlefs a previous view 

 of the lands or tenements, or other matters in quellian, fhall 

 have been thought necelTary by the court (flat. 4 Ann. 

 c. 16.) ; in wliich cafe fix or more of the jurors returned, 

 to be agreed on by the parties, or named by a judge, or 

 other proper officer of the court, fliall be appointed to take 

 fuch a view, and then fuch of the jury as have appeared upon 

 the view, fhall be fworn on the inqneft, previous to any 

 otlier jurors. 



Lilis of 'the jurors qualified according to the afts 4 & 3: 

 W. & M. cap. 24. 7 & 8 W. III. cap. 32. and 3 & 4 

 Ann. cap. 18. are now to be made from the rates of each 

 parifh. The juIHces at Midfnmmer leffions arc to iffue 

 warrants to the high conilablei who require the petty con- 

 ilables to prepare fuch lifts ; and if the high conllables 

 neglect to iffue their precepts for tliis purpol'e, they fhall 

 forfeit 16/. Tbefe lifts are to be fixed on the doors of 

 churches, '.Sec. twenty days before Michaelmas, that public 

 notice may be ^iven of perfons omitted who are qualitied, 

 and of perfons inierted, vvhocught to be omitted. (3 Geo.II. 

 cap. 25.) And ff any perfona are inferted wrongfully, or 

 omitted for the fake of reward, &c. the petty conftable incurs 

 a forfeiture of 2s/. Tlic lifts (hall be delivered by the petty 

 conflables, at Michaelmas feffions, in open court ; or when 

 thev are fubfcribcd by them, and attetled on oath, and alfo 

 ligned by the jullice, they ftiall be delivered by the petty 

 conllables to tlie hig!i conftables, who fhall dehver them, 



upon oath, in open court. The conftable failing to niakp 

 fixh return fliall forfeit 5/. Perfons not qualified may be 

 difcliarged by the j'.iftices at the feihons. Tlicfe lifts ftiall 

 be then fairly entered in a book by the clerk of the pe<icc, 

 on forfeiture of 20/. and duplicates of them fh^tll, during the 

 feilior.s, or within ten days after, be dehvered by him to the 

 flierifl", who fliall c lufe the names, with their additions, S:c. 

 to be entered in a book of his owi! ; and if the iherift" ftiaJl 

 return any perfon whofe name is not in the duplicates, he is 

 liable to a fine not exceeding 10/. nor lefs than 40.'. 

 (3 Geo. II. cap. 25.) Every fummons of jurors (liall be 

 made by the flieriif, his officer, or lawful deputy, fix days 

 before the feihon:: at leaft, in Wales eight days before ; and 

 in the counties palatine fourteen days before ; and the pe- 

 nalty of neglect, or of excufing any perfon for favour or 

 reward, is 20/. by 7 & 8 W. cap. 32, or a fine of lo,'. 

 or under, impofed by the judge of affize. (3 Geo. II. 

 cap. 25.) No perfon ftiall be fummoned, who has ferved 

 within one year before in the county of Rutland, or two 

 years b;fore in any other county, not being a county of a 

 city or town, and except the counties of York and Middle- 

 fex, under a fine not exceeding 5.'. Every perfon who has 

 ferved, fliall have a certificate gratis, teftifying his attend- 

 ance. (3 Geo. II. cap. 25.) In the county of York, 

 jurors fliall not be returned above once in four years ; and 

 the flieriff neglefting his duty ftiall forfeit 100/. and for not 

 difcharging a juror, who has ferved within four years, and 

 giving notice to the party fummoned, fix days before the 

 alhzes or feffions, ftiall forfeit 20/. to the party with full 

 colls. (7 & 8 \V. cap. 31. 3 & 4 Ann. cap. 18. and 

 10 Ann. cap. 14.) In the county of Middlefex, no perfon 

 fhall be returnable to ferve as a juror, at any feffions oi ni/i 

 prills, who hath been returned in the two term.^ or vacations 

 next before, on pain of the fheriff being fined by the judge 

 5/. or under. (4 Geo.- II. cap. 7.) And by '7 & 8 W . 

 cap. 32. the inhabitants of the city and liberty of Weflmin- 

 fler Ihall be exempted from ferving on any jury at the fef- 

 fions for Middlefex, by reafon of their attendance at the 

 courts of Weilminiler. By the common law, jurors re- 

 turned, and not appearing, fhall lofe and forfeit the ifl\ies 

 returned upon them. And if a juryman be called, and, 

 being prefent, refule to appear ; or, having appeared, with- 

 draw before he be fworn, the court may fine him at their 

 difcretion. (35 Hen. VIII. cap. 6 ) And by 29 Geo. II, 

 cap. 19. a juror not appearing and ferving in any court of 

 record within the city of London, or in any other city or 

 town corporate, liberty or franchife, after being openly call- 

 ed three times, &c. fh;Jl, without reafonable excufe, be fined 

 not more than jps nor lefs than 201. And by 3 Geo. II. 

 cap. 2J. in caufes of n//; prius, every perfon whofe name 

 ftiall be drawn, and who fhall not appear without reafonable 

 excufe, ftnll forfeit not exceeding 5/. nor lefs than 40/. If 

 a juror take a bribe of either party, he fnall forfeit ten times 

 as much as he hath taken. (5 Edw. III. cap. 10. 

 34 Edw. III. cap. 8. 38 Edw. III. flat. i. cap. 12.) 

 if a wan affault or threaten a juror for giving a verdici 

 againft him, he is punifhable by fine or imprifonment ; and 

 if he ftrike him in the court, in the piefence of a judge of 

 affize, he ftiall lofe his hand and. his goods, and profits of his 

 lands during life, and fufter perpetual imprifonment. 



The jury is to be chofen of the fame clafs or rank with 

 the parties, and by the policy of the ancient law, the jury 

 was to come Je viciiifto, from the neighbourhood of the 

 vill or place where the canfe of atlion was laid in the decla- 

 ration, and for want of this, the array might be challenged 

 for defect of hundredors. However, this pradice was en- 

 tirely aboliihed by 4 & 5 Ann. cap. 16. upon all civil 



actions. 



