judgment, fully warranted by the verdict already given, merely from the possibility of the acquittal of the other party. R. v. J. S. S. Cooke, 5 B. & C. 538.

SECTION 6.-Proceedings and Practice of the Court of Quarter Sessions, as a Criminal Court.

1. The Grand and Petty Juries.

Qualification.] Every man, between the ages of 21 and 60, residing in any county in England, who shall have in his own name or in trust for him, within the same county, 101. by the year above reprises in lands or tenements, whether of freehold, copyhold or customary tenure, or of ancient demesne, or in rents issuing out of any such lands or tenements, or in such lands, tenements and rents, taken together, in fee-simple, fee-tail, or for the life of himself or some other person;-or who shall have within the same county 20l. above reprizes in lands or tenements, held by lease for an absolute term of 21 years or more, or for any term of years determinable on any life or lives ;-or who being a householder shall be rated or assessed to the poor rate, in Middlesex, on a value not less than 301., or in any other county on a value not less than 20%. ;—or who shall occupy a house containing not less than 15 windows:-shall 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. 6 G. 4, c. 50, s. 1. In Wales, the qualification is three-fifths of the qualifications above mentioned. Id.

In all corporations within the late Municipal Corporation Act, to which a separate Quarter Sessions is or shall be granted, every burgess is qualified and liable to serve on grand juries in such borough, and also upon juries for the trial of all issues joined in any Court of Quarter Sessions of the Peace, triable within the borough of which such person shall be a burgess, 5 & 6 W. 4, c. 76, s. 121.

If persons serve on a jury, who are not qualified, it is only matter of challenge, and must be objected to, if at all, by way of challenge. Semb. See R. v. Sutton et al. 8 B. & C. 417.

Exemptions.] Peers are exempt from serving on juries; so are the Judges of the Courts of Record at Westminster; Clergymen in holy orders; Priests of the Roman Catholic faith, who have taken and subscribed the oaths and declarations required by law; persons who teach or preach in a congregation of Pro

testant Dissenters, whose place of meeting is registered, and who follow no secular occupation, except that of schoolmaster, producing a certificate of some justice of the peace of their having taken the oaths and subscribed the declaration required by law; Serjeants and Barristers at Law actually practising; Members of the Society of Doctors of Law, and Advocates of the Civil Law actually practising; Attornies, Solicitors, and Proctors, actually practising, and having duly taken out their annual certificates; Officers of the Courts of Law and Equity, and of the Ecclesiastical and Admiralty Courts; Coroners, Gaolers, and Keepers of Houses of Correction; Members and Licentiates of the Royal College of Physicians in London, actually practising; Surgeons, being Members of the Royal College of Surgeons, in London, Dublin, or Edinburgh, and actually practising; Apothecaries, certificated by the Apothecaries' Company, and actually practising; Officers of the Navy or Army on full pay; Pilots licensed by the Trinity House of Deptford, Hull, or Newcastle-upon-Tyne, and Masters in the Buoy or Light Service of these Corporations, and Pilots licensed by the Lord Warden of the Cinque Ports, or by statute or charter in any other port; Household Servants of His Majesty; Officers of Customs or Excise; Sheriff's Officers, High Constables, and Parish Clerks. 6 G. 4, c. 50, s. 2. and see 5 & 6 W. 4, c. 76, s. 121. The inhabitants of the City and Liberty of Westminster, also, are exempt from serving on juries at the Sessions of the Peace for the County of Middlesex. 6 G. 4, c. 56, s. 49.

Aliens are not qualified to be jurors, except upon juries de medietate linguæ ; 6 G. 4, c. 50, s. 3; but this is mere matter of challenge. R. v. Sutton et al. 8 B. & C. 417. Also, persons attainted of treason or felony, or convicted of any crime which is infamous, unless they have obtained a free pardon, or persons under outlawry or excommunication, shall not be qualified to serve on juries, 6 G. 4, c. 50, s. 3.

No Justice of Peace shall be summoned or impanelled as a juror, to serve at the sessions of the peace for the jurisdiction of which he is a justice. 6 G. 4, c. 50, s. 48.

Besides the exemptions above mentioned, every Member of the Council of any Borough, every Justice assigned to keep the peace therein, and the Treasurer and Town-clerk thereof, shall be exempt and disqualified from serving on any jury within the borough, and shall be exempt from serving on any other jury within the county in which such borough is situate; and all burgesses of a borough, for which a separate Court of Quarter Sessions shall be holden, shall be exempt from serving on juries for the trial of issues at the Sessions of the county. 5 & 6 W. 4, c. 76, s. 22.

Formerly Quakers and Moravians could not serve on juries, for they could not be sworn; see R. v. Channeus, Ry. & M. 374;

but as they may now make an affirmation instead of an oath, in all cases, (see ante, p. 145,) they may be jurors in both civil and criminal cases. So may members of the sect called Separatists. Id. See the form of affirmation, ante, p. 145.

Jury de Medietate Linguæ.] On the prayer of every alien, indicted or impeached of any felony or misdemeanor, the sheriff or other proper minister shall, by command of the Court, return for one-half of the jury, a competent number of aliens, if so many be in the town or place where the trial is had, and if not, then so many aliens as shall be found in the same town or place, if any; and no such alien jurors shall be challenged for want of freehold or other qualification, although they may for any other cause. 6 G. 4, c. 50, s. 47.

How returned, summoned, &c. in Counties.] In the first week in July in every year, the clerk of the peace in every county shall issue his warrant to the high constables, commanding them to issue their precepts to the churchwardens and overseers of the poor of the several parishes, and to the overseers of the poor of the several townships, within their respective constablewicks, requiring them to return a list of all men residing within their parishes, &c. qualified and liable to serve on jurors. 6 G. 4, c. 50, s. 4. The high constables make out their precepts accordingly; Id. s. 6; and the churchwardens and overseers make out the lists, Id. s. 8; and fix a copy on the church door on the three first Sundays in September; Id. s. 9; and at a special petty sessions to be holden in the last week in September, these lists shall be produced, and the justices may then strike out the names of any persons not qualified, or not able to serve by reason of any infirmity, or insert those omitted; and the lists so revised shall then be delivered to the high constable, who shall deliver them to the Court of Quarter Sessions at the next Sessions. Id. s. 10. The lists are then copied into "The Jurors' Book" by the clerk of the peace, and the book delivered by him to the sheriff, to be used from the 1st of January for one year. Id. s. 12. The form of the Warrant, Precept, and Lists, are given in a Schedule to the Act; and see 2 Burn, D. & W. 1151, 1152.

Before each sessions, a precept issues to the sheriff, requiring him to return a competent number of jurors; 6 G. 4, c. 50, s. 13; and the sheriff shall thereupon return the names of men contained in the Jurors' book, and no others. Id. s. 14. The precept directs him to return 24, but he usually returns 48. 2 Hal. 263. The jurors shall be summoned ten days at least before the day on which they are required to attend. 6 G. 4, c. 50, s. 25. As to the summoning of them within a liberty or franchise, see R. v. John Jaram, 4 B. & C. 692,

By 6 G. 4, c. 50, s. 20, however, it is provided, that the Courts of Sessions of the Peace, &c. shall have and exercise the same power and authority, as they have heretofore had and exercised, in issuing any writ or precept, or in making any award or order orally or otherwise, for the return of a jury for the trial of any issue before such Courts, or for amending or enlarging the panel of jurors; and the return thereto shall be made in the manner heretofore used, except that the jurors shall be returned from the body of the county, and not from any particular hundred, &c. and that they shall be qualified according to this Act. This seems to recognize the right of a Court of Quarter Sessions, to order the sheriff to return a jury immediately, as well in misdemeanors as felonies, which seems formerly to have been doubted. See 2 Hawk. c. 4, s. 1, 4. 2 Hale, 261, 262.

The clerk of the peace shall make out a list of the grand and petty jurors who attend, and transmit the same to the undersheriff, who shall thereupon register the names in the Jurors' book; and the clerk of the peace shall give each juror, upon application, a certificate of his attendance. 6 G. 4, c. 50, s. 41. And no man shall be summoned to serve upon grand or petty juries at sessions, who shall have served as a juror at such sessions, within one year in Wales, or in the counties of Here. ford, Cambridge, Huntingdon, or Rutland, or within two years in any other county, and has such certificate as aforesaid. Id. s. 42.

The like in Boroughs.] In boroughs within the late Municipal Corporation Act, 5 & 6 W. 4, c. 76, to whom separate quarter sessions have been or shall be given, seven days at the least before the holding of every quarter sessions, the clerk of the peace shall cause to be summoned a sufficient number of persons, being qualified and liable as before mentioned, (ante, p. 236,) to serve as grand jurors at every such sessions; and shall also cause to be summoned not less than 36 nor more than 60 persons so qualified and liable to serve as jurors at every such sessions. 5 & 6 W. 4, c. 76, s. 121. The clerk of the peace shall make out a list of the grand jurors, and a panel of the petty jurors, containing their names, places of abode, and descriptions. Id.

Grand Jury called, sworn, and charged.] The clerk of the peace calls over the names of the grand jurors. This is the first business done at the sitting of the Court of Quarter Sessions as a criminal Court, after the opening of the Court by proclamation, as mentioned, ante, p. 23, and after the names of the constables, &c. have been called over. As each juror answers, he goes into the grand jury box. The number must be at least twelve, see 2 Hal. 161, and must not exceed twenty-three. 2 Burr.

1088. They are sworn in this form; and first the Foreman, thus: "You, as foreman of this inquest, shall diligently inquire and true presentment make of all such matters and things as shall be given you in charge. The King's counsel, your fellows' and your own you shall keep secret. You shall present no man for envy, hatred or malice; neither shall you leave any man unpresented for fear, favour, or affection, or hope of reward; but you shall present all things truly, as they come to your knowledge, according to the best of your understanding: So help you God." The remaining jurors are then sworn thus: "The same oath which your foreman has taken upon his part, you and every of you shall well and truly observe and keep on your parts: So help you God."

The usual proclamation against vice and profaneness is then read. Then proclamation is made for silence, whilst the charge is delivered to the grand jury.

The chairman then charges the grand jury. And upon this subject, perhaps, I may be allowed to observe, that it seems to me to be infinitely better and more prudent to confine the charge entirely to the matters likely to come before the grand jury, explaining, or reading to them from some good treatise, the law upon any particular subject on which it is imagined they may possibly feel a difficulty in the exercise of their duties; but not to interfere, in the slightest degree, with the exercise of their judgment with reference to matters of fact; not to indicate in any way the opinion the chairman may have formed (from having read the depositions or otherwise) as to the merits of any particular case, or as to the enormity or venial nature of the offence; not to wander into topics irrelevant to the duties the grand jury are then about to perform; but, above all things, not to mix up politics with the charge, nor to use an expression, from which it can at all be implied that the Bench feel the slightest bias in their minds against or in favour of any prisoner, whose case is likely to come before the grand jury. It is of the greatest importance, in this country, that the minds of the public, and particularly of the poorer classes, should be strongly impressed with a confidence in the manner in which justice is here administered.—that it is fairly and equally meted out to all, rich and poor, without favour or affection to any. The people of this country are impressed with that feeling; it is that feeling which makes them submit quietly to the laws, and so honourably distinguishes them on this account from the inhabitants of some other countries, who, from a contrary impression, often take the laws into their own hands, and endeavour to right themselves. But for the purpose of continuing and fostering this confidence in the administration of justice, it is not sufficient merely that justice be in fact fairly and equally administered; but it is of almost equal importance that it should be done in a manner so apparently