66 copied into a sheriff. The lists so returned to the sessions are to be kept by Lists to be kept the clerk of the peace among the records of the sessions, by the clerk of arranged with every hundred in alphabetical order, and the peace, and every parish or township within such hundred also in book to be delialphabetical order; and the clerk of the peace is required vered to the 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.(/) 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. (m) 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. (n) The recent statute is chiefly directed to the formation of Process to the a class from which Jurors are to be returned, and for the sheriff. 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, from the body of the county, without requiring any to be returned from particular hundreds. (0) summoned. The Grand Jury are summoned by virtue of a precept, Grand Jury, by under the hands and seals of two justices, directed to the what process sheriff, upon which he is to return twenty-four or more out of the whole county, from whence the grand inquest is to be taken. By the recent statute, the qualification and disabilities of Grand and Petty Jurymen to serve at sessions are precisely similar, and the names are to be taken from the same returns. Before any session there is a general precept issued to Petty Jury how the sheriff, under the hands and seals of two justices, summoned. requiring him to return twenty-four Jurors; but on this (1) Id. s. 12. (m) Id. ibid. (n) Id. s. 14. (0) Id. s. 13. The individuals who are to be sunimoned on cial Juries. it is usual for him to return forty-eight, in order to provide for challenges. (p) But 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. (q) If the panel should be exhausted, the court have the same power they 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. In order to provide for a fair distribution of labour among parties qualified and liable to serve on Grand and Grand and Spe- 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 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. (r) And no man may be returned to serve on any Grand Jury or Petty Jury at any session of the peace, 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. (s) 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, he shall be liable to be fined, on summary complaint, by the court within whose jurisdiction the offence shall be committed. (t) Jurors. The summons to serve on Juries at the sessions must Time and mode be made by the proper officer ten days at least before of summoning the day on which the Juror is summoned to attend, by showing to the man 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. (u) If any officer summon a Juror less than ten days before the day when he is to attend, such officer is liable to be fined for his neglect in the discretion of the court. (v) And any man duly summoned to attend and making default without excuse must be fined by the sessions, in not less than 107. (w) To ensure the due performance of the duty imposed Penalties imon the various officers, in respect of the selection and posed on officers for neglect of summoning of Juries, by the recent act they are made prescribed answerable for their neglect in penalties. Thus the clerk duties. 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, bona 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 501., half to the King, and the other half, with full costs, to any who will sue in either of the courts at Westminster. (x) The like penalty is imposed on the clerk of the Petty Sessions holden for allowing the lists, omitting to give notice of the holding of such session to the parish officers; and on the sheriff or under-sheriff making an undue alteration in the Jurors' Book, or refusing to deliver over that book to the succeeding sheriff within ten days after he shall be sworn into office. (y) High constables neglecting within fourteen days after their receipt of the warrant of the clerk of the peace to issue their precepts to the parish officers, with such number of proper forms of returns as they shall bonâ fide deem sufficient, or to deliver such additional number as may be required within three days of a demand, if they have them, or forthwith to apply to the clerk of the peace if they have them not; or omitting, after due notice, to attend at the Petty Sessions, to receive lists tendered to them by the justices, or to attend and deliver them at the ensuing Quarter Sessions; or altering any lists after receiving it,-are subjected to a penalty not exceeding 10l., nor less than 40s., at the discretion of the justice before whom they may be convicted. (2) Every churchwarden or overseer neglecting (unless prevented by sickness) to assist in making out his list, so that it may not be ready; or wilfully omitting any proper, or inserting any improper name, or taking any money or reward for omitting or inserting any name whatsoever, or wilfully omitting or inserting a wrong description; or omitting, in case the forms of returns supplied be insufficient, to apply for more to the delay of the list; or neglecting to fix a copy of the list, duly signed, and with the subjoined notice, on the principal door of each place of worship; or refusing to allow to an inhabitant inspection of the list, or a true copy, at any reasonable time within the prescribed three weeks; or refusing to produce the list at the Petty Sessions, or to answer questions respecting it there on oath; or to attend such sessions or an adjournment; or refusing to allow the Petty Sessions, or any justice of the peace, on due request, to inspect or make extracts from any poor rate in his custody, for the purpose of correcting the lists,-is made liable to a like penalty, not more than 107. nor less than 40s., at the discretion of the convicting justice. (a) And the justice before whom any parish officer shall be convicted of a wrongful insertion or omission in the list, is required to certify the error to the clerk of the peace, who is to correct his own list accordingly, and give notice to the (y) Id. s. 51. (z) Id. s. 44. (a) Id. s. 45. sheriff or under sheriff, who is to make a similar correc tion in the Jurors' Book. (b) extend to cities The rule for qualification, fixed by the 6 Geo. 4. c. 50. These regula and the regulation respecting the providing lists, do not tions do not extend to liberties, franchises, cities, and boroughs, whe- and boroughs. ther counties of themselves or not, which possess separate jurisdiction; but in such places the panels are to be prepared in the accustomed manner; except that no man is to be returned to serve at the London sessions who shall not be an householder or the occupier of a ship, warehouse, counting-house, chambers or office, for the purpose of trade and convenience within the City, and have lands, tenements, or personal estate of the value of 1007. (c) 9. OF SUITORS. The term SUITORS OF THE COURT, in its most obvious meaning, implies only those who have some voluntary suit to prosecute; but it may be used as comprising all who have some duty, voluntary or necessary, to discharge; and may thus comprehend all prosecutors, whether compelled to appear or attending of their own free will; all parties bound to appear and answer to charges; and all who are required by recognizance or subpoena to give evidence as witnesses. It is said generally that all offences shall be prosecuted Mode of proseat the sessions by presentment, information, or indict-cution. ment. (d) But if jurisdiction is given to the session to hear and determine, and it is not expressly said "by information," the offence must be prosecuted by indictment only. (e) As all prosecutions are conducted in the name of the of prosecutors. crown, and for the public security and benefit, any person may lawfully prefer an indictment for a misdemeanor or felony, but it is not usual for parties thus to interfere unless they are individually aggrieved by the offence, or sustain some office which renders it peculiarly incumbent on them to bring the offender to justice. A criminal prosecution, being instituted in the name of the crown, does not abate with the death of the prosecutor like a civil action, even though the injury be chiefly of a personal kind, as an assault or a libel; (ƒ) and any engagement |