on juries or inquests, except in the case of the trial of aliens; nor any person convicted of any infamous crime, unless he have obtained a free pardon; nor any man under sentence of outlawry or excommunication.

No justice shall serve on any jury at the sessions for the jurisdiction of which he is a justice.

After serving, and obtaining the sheriff's certificate, persons are free from again serving on juries for certain periods; in the coun ties palatine, or the principality of Wales, or in Hereford, Cambridge, Huntingdon, or Rutland, for one year; in the county of York, for four years; in any other county, except Middlesex, two years. Sheriffs are required to register the service of jurors at the assizes, and to give certificates of services, on payment of one shilling; but this regulation does not extend to grand or special jurymen.

No one is qualified to serve on a sheriff's or coroner's inquest, upon a writ of inquiry, who is not qualified to serve on a nisi prius jury; but this does not extend to inquests taken er officio; nor to any city, borough, liberty, or town corporate, in which the usual method must be observed.

SUMMONING OF JURORS.

The summons of every common juror must be at least ten days. before he has to attend, and of every special juror, three day: before he has to attend; but this does not extend to the city of London nor the county of Middlesex.

The panel, which is an oblong piece of parchment, must, fo the trial of causes, contain the names, alphabetically arranged with the places of abode, and additions of a competent numbe of jurors; which number of jurors, in any court, must not b less than forty-eight, nor more than seventy-two, unless by th direction of the judges, who are empowered to direct a greater less number.

Judges may direct the sheriff to summon not more than 14 jurors to attend the assizes on their respective circuits, to ser indiscriminately on civil and criminal trials; which jurors are be divided into two sets, one of which is to attend at the begi ning, the other at the end of the assizes; the sheriff informi each juror, in his summons, to which set he belongs, and at wi time his attendance will be required. Jurors not attending, wit out reasonable excuse, when summoned, may be fined by the cou A copy of the panel is to be kept in the sheriff's office, for t inspection of the parties and their attorneys, who are entitled inspect the same without fee or reward.

The names of the jurors summoned, being written on ticke are put into a box, and, when each cause is called, twelve of persons whose names are first drawn are sworn on the jury, unl

'sent challenged, or excused, or unless a previous view of the aljeet in issne shall have been thought necessary by the court; and then the jurors who have had the view shall be sworn prior to my other jurors.

All jurors may be summoned by post, and any fine imposed may be remitted on adequate cause shown by affidavit within six dars

The oath of a juror is "well and truly to try the issue between the parties, and a true verdict give, according to the evidence." The same jury may try several issues, unless objected to by the judge or either of the parties; in that case, a fresh jury is drawn from the box, from the remaining names on the panel.

CHALLENGE OF JURORS.

On the jurors' names being called, they may be challenged or cheted to by the parties, as improper persons to form the jury. Challenges are of two kinds; challenge to the array, and challenges to the poll.

Challenge to the array is an exception at once to the whole panel, which may be on the ground of partiality, or default in the sheriff, or his deputy, who arrayed the panel. Or the array may be challenged because one of the parties is an alien, so entitled to a jury of one-half foreigners.

Challenges to the poll are exceptions to particular individuals, and may be made on several accounts. 1. That a juror is an alien. 2. That he is not duly qualified according to the statute. 3. That be has been an arbitrator in the cause, has received money for his verdict, or is related to or employed by one of the parties. 4. That he is infamous or degraded in law. 5. Challenges may be made to the favour, as where the party has no direct cause of challenge, but objects only to some suspicious circumstances, as acquaintance or the like, the validity of which must be determined by tries, or two indifferent persons chosen by the court, whose office is to decide on the impartiality of the juror objected to. And, lastly, a juror may challenge himself, on the ground of his title, office, profession, or some other of the causes of exemption before enumerated.

In trials of treason or felony, a jury may be challenged by the Prisoner without assigning any cause, which is called a peremptory challenge; and is an indulgence granted the accused in tenderness to those sudden impressions and unaccountable prejudices which persons are apt to conceive on the bare look and gesture of a stranger; but to such capricious and undefined ground of objection some reasonable limit must be assigned. This is settled by the common law at thirty-five, that is, one under the number of three fell juries. And by the Jury Act, no person arraigned for murder or felony shall be admitted to any peremptory challenge above the

number of twenty; but, in cases of treason, the prisoner is still allowed thirty-five peremptory challenges.

If, by means of challenge, or other cause, a sufficient number of unexceptional jurors do not appear at the trial, either party may pray tales; in that case the sheriff adds to the name on the panel such proper persons as are present in court, or may be first found: and the persons so added are subject to the same challenges as the principal jurors.

SPECIAL JURIES.

Special juries were originally introduced in trials at law, when the causes were of too great nicety for the adjudication of ordinary freeholders; or where the sheriff was suspected of partiality, though not on such valid ground as to warrant an exception to bim. Either party is entitled, upon motion in court, to have a special jury in the trial of any cause, whether civil or criminal, or any penal statute, excepting only indictments for treason and felony; the party demanding the special jury paying the extra fees and expense, unless the judge certifies on the record that the cause required such special jury.

By the Jury Act, every man described in the jurors' book as a esquire, or person of high degree, or as a banker or merchant, i qualified to serve on special juries; and the sheriff is bound to enter all such persons, in alphabetical order, in a separate list subjoined to the jurors' book, to be called "The Special Jurors List;" and shall prefix to every name its proper number in regula arithmetical series, which numbers, marked on tickets, shall b put in a box.

When a special jury is awarded, the parties, with their attor neys, if they choose to attend, shall wait on the proper office who, having shaken the numbers in the box together, shall dra out forty-eight of the numbers, one after another, referring eac number as drawn to the corresponding number in the Speci Jurors List, and reading aloud the name designated by sud number. If either party, or his attorney, object to the nan drawn as incapacitated, and prove the same to the satisfaction the officer, the name is set aside, and another number drawn, a so on till the number forty-eight is completed. But, if the fort eight names cannot be obtained from the Special Jurors' List, t officer shall fairly and indifferently take such a number of nam from the Common Jurors' List as will make up the full numb forty-eight. The officer then furnishes a list of the names, pla of abode, and additions of jurors, to each party, who respective strike off twelve, and the remaining twenty-four are returned up the panel.

If any of the special jurors are absent on the trial, the tal en, to complete the number, must be taken from the comm

jury panel. No tales can be prayed where all the special jurors

are absent.

The old method of nominating a special jury may be followed by the mutual consent of the parties.

Special jurors may receive such a sum of money as the judge shali think reasonable, not exceeding one guinea, except in causes where a view is directed. All fees heretofore taken are continued by the Jury Act.

A rule for a special jury must be served sufficiently early to enable the opposite party to strike the jury before the day of trial; and, therefore, when the rule was served at six o'clock the evening preceding the day fixed for the trial, it was held the case was properly tried by a common jury, Gunn v. Honeyman, 2 E. & A. 400.

The same special jury, by consent of parties, may try any nuinber of causes; but the court may, on application from any man who has served, discharge him from serving upon any other special Jury during the same assize or session.

By 15 & 16 V. c. 76, the precept by the judges of assize to the sheriff shall direct him to summon jurors both for civil and criminal trials. Special jurors, not exceeding forty-eight in numher, are to be summoned to try all special jury causes at assizes; parties on notice to be entitled to have causes tried by special jury in any county except London or Middlesex, in which places special juries are to be nominated and struck as at present on obtaining a rule.

LONDON AND MIDDLESEX JURIES.

In London and Westminster, every housebolder, or occupier of a shop, warehouse, counting-house, chambers, or office for the purpose of trade, having lands, tenements, or personal estate of the valce of £100, is qualified to serve on juries.

The list of qualified persons, resident in each ward of the city of London, must be made out, with the proper quality or addition, and the place of abode of each man, by the parties hitherto accusmed to make out such lists; the shop, warehouse, countingbouse, chambers, or office of each person so qualified, to be deemed the place of abode for the purpose of the act.

Lord Tenterden decided, provided a person's family is domiciled in the city, though he is not in trade, but holds a public office, nor 3 bouseholder, occupying only a part of a house, he is qualified to serve on a special jury in London, K. B., Guildhall, Jan. 9, 1827. Six days are allowed between summons and appearance in London and Middlesex.

The sheriff of the city of London cannot return any juror to serve in the courts at Westminster.

Persons summoned to serve on juries in any of the inferior

courts of record in London, or in any other liberty, city, borough, or town, not attending, shall forfeit not more than 408. nor less than 208., unless the court be satisfied with the cause of absence. Such fine is leviable by distress and sale.

No cause can be tried by a special jury in London or Middlesex, unless the rule for such special jury be served, and the cause marked in the marshal's book, as a special jury cause, on or before the day preceding the adjournment day, in Middlesex or London respec tively, Reg. Gen. H. T. 44.

In the Common Pleas the rule must be served, and the cause marked in the marshal's book, two days preceding the adjournment day, 4 Taunton, 601.

No person is liable to serve on juries at any session of nisi prius, or gaol delivery in Middlesex, who has the sheriff's certificate of service at either of such sessions, for either of the two terms or vacations next preceding.

DUTIES OF JURORS.

After a juror is sworn, he must not go from the box till the evidence is given, for any cause whatever, without leave of the court; and, with leave, he must have a keeper with him.

If, after the jury have withdrawn from the box to consider their verdict, they have meat, drink, fire, or candle, without consent of the court, and before verdict, they are liable to be fined; and if at the charge of him for whom they afterwards find, it will set aside the verdict; also, if they speak with either of the parties or their agents, after they retire from the box; or if, to prevent disputes. they cast lots for whom they shall find, the verdict will be set aside, and the jury are liable to be fined.

When the jury have left the box, no new evidence can be adduced, nor can they recall a witness and make him repeat the evidence; for though he give no more evidence than he had give in court, the verdict will not be allowed, Cro. Eliz. 182. Bu they may have a witness recalled to repeat his evidence in oper

court.

The jury cannot retire with any writing not given in evidence i open court.

The jury are allowed to judge of the meaning of mercantí phrases in the letters of merchants, 7 Taunt. 164.

If, after the charge and evidence given on a capital offence, or of the jurors become suddenly ill, the court may discharge the jury and charge a fresh one with the prisoner, and convict him, 4 Tau 309.

When a criminal trial runs to such a length as it cannot be con cluded in one day, the court, by its own authority, may adjou till the next morning; but the jury must be somewhere ke together, that they may have no communication but with ea