By § 7. nothing in this act contained shall extend to any writ, declaration or suit of appeal of felony or murder, or to any indictment or presentment of treason, felony or murder or other matter, or to any process upon any of them or to any writ, bill, action or information upon any penal statute.[44]
View.
By § 8. in any actions brought in any of her Majestys courts of record at Westminster, where it shall appear to the court that it will be proper and necessary that the jurors who are to try the issues in any such actions, should have the view of the messuages, lands or place in question, in order to their better understanding the evidence that will be given upon the trials of such issues, in every such case the respective courts in which such actions shall be depending, may order special writs of Distringas or Habeas corpora to issue, by which the sheriff or such other officer to whom the said writs shall be directed, shall be commanded to have six out of the first twelve of the jurors named in such writs, or some greater number of them, at the place in question some convenient time before the trial, who then and there shall have the matters in question shewn to them by two persons in the said writs named to be appointed by the court; and the said sheriff or other officer who is to execute the said writs shall by a special Retorn upon the same, certify that the view hath been had according to the command of the said writs.[45]
By 3 G. 2. c. 25. § 2. duplicates of the lists [made according to 7 & 8 W. 3. c. 32. 3 & 4 Ann. c. 18. and this act] when delivered in at the quarter sessions of the peace, and entered in 'the' book to be kept by the clerk of the peace for that purpose, shall, during the continuance of such quarter-sessions, or within ten days after, be delivered or transmitted by the clerk of the peace to the sheriff of each county, or his undersheriff, in order for his returning of juries out of the said lists; and such sheriff or undersheriff shall immediately take care that the names of the persons contained in such duplicates shall be faithfully entered alphabetically, with their additions and places of abode, in some book or books to be kept by him or them for that purpose.
By § 4. no persons shall be returned as jurors to serve on trials at any assizes or nisi prius, or at the great sessions, or at the sessions for the counties palatine, who have served within the space of one year before in the county of Rutland, or four years in the county of York, or of two years before in any other county, not being a county of a city or town[46].
By § 5. the sheriff, undersheriff, or other officer to whom the return of juries shall belong, shall from time to time enter or register in a book to be kept for that purpose, the names of such persons as shall be summoned, and shall serve as jurors on trials at any assizes or nisi prius; or in the said courts of great sessions or sessions for the counties palatine, together with their additions and places of abode alphabetically, and also the times of their services; and every person so summoned, and attending or serving as aforesaid, shall (upon application by him made to such sheriff, undersheriff or other officer) have a certificate testifying such his attendance or service done, which certificate the said sheriff, &c. is to give without fee or reward; and the said book shall be transmitted by such sheriff, &c. to his successor from time to time.
By § 6. no sheriff, undersheriff, bailiff or other officer or person whatsoever shall directly or indirectly take or receive any money or other reward to excuse any person from serving or being summoned to serve on juries; and no bailiff or other officer appointed by any sheriff or undersheriff to summon juries, shall summon any person to serve thereon other than such whose name is specifyed in a mandate signed by such sheriff or undersheriff, and directed to such bailiff or other officer.
By § 8. every sheriff or other officer to whom the return of the Venire facias juratores, or other process for the trial of causes before justices of assize or nisi prius in any county in England shall belong, shall, upon his return of every such writ of Venire facias (unless in causes to be tried at bar, or in case where a special jury shall be struck by order or rule of court) annex a panel to the said writ, containing the christian [names] and surnames, additions and places of abode of a competent number of jurors named in such lists as qualified to serve on juries, the names of the same persons to be inserted in the panel annexed to every venire facias, for the trial of all issues at the same assizes in each county; which number of jurors shall not be less than 48 in any county, nor more than 72, without direction of the judges appointed to go the circuit and sit as judges of assize or nisi prius in such county, or one of them.
By § 18. any person or persons having an estate in possession in land, in their own right, of the yearly value of 20l. or upwards, over and above the reserved rent payable thereout, such lands being held by lease or leases for the absolute term of 500 years or more, or for 99 years or any other term determinable on one or more life or lives, the names of such persons shall be inserted in the respective lists as aforesaid, in order to their being inserted in the freeholders book[47].
By § 20. the sheriffs or other officers to whom the returning of juries doth or shall belong, for any county, city or place, shall not impanel or return any person or persons to serve on any jury for the trial of any capital offence, who at the time of such return would not be qualifyed in such county, city or place, to serve as jurors in civil causes for that purpose. [Made perpetual by 6 G. 2. c. 37. § 1.]