of Exchequer, or the seals of the courts of the counties Palatine, who shall not be duly qualified, according to this Act, to serve as a juror upon trials at Nisi Prius in such county in England, or Wales, or in London, respectively: but provision is made, that this enactment shall not extend to any inquest to be taken by or before any coroner of a county by virtue of his ofice, nor to any inquest or inquiry to be taken or made by or before any sheriff or coroner, of any liberty, franchise, city, borough, or town corporate, not being counties; or of any city, borough, or town, being respectively counties of themselves; but that the coroners, in all counties, when acting otherwise than under a writ of inquiry, and the sheriffs and coroners in all such places as are herein mentioned, may respectively make all inquests and inquiries by jurors of the same description as they have been used and accustomed to do before the passing of this Act.

The following persons are, by the third section of the Act, disqualified from serving on juries or inquests in any court, or on any occasion whatsoever :

First. All persons not being natural born subjects of the Queen.

To this disqualification an exception is made by the 47th section, which provides, that "nothing herein contained shall be construed to extend to deprive any alien, indicted or impeached of any felony or misdemeanor, of the right of being tried by a ‘jury de medietate linguæ ;'* but that on the prayer of every alien

* By a jury de medietate linguæ, is meant a jury or inquest impanelled, whereof the one half consists of natives, and the other of foreigners.

so indicted or impeached, 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 there be in the place where the trial is had, and if not, then so many as shall be found in the same place, if any; and that no such alien juror shall be liable to be challenged for want of freehold or any other qualification required by this Act, though he may be challenged for any other cause in like manner as if he were qualified by this Act."

2. Persons who have been or shall be attainted of any treason or felony, or convicted of any crime that is "infamous," unless he SHALL HAVE obtained a free pardon.

3 Any person who is under outlawry or excommunication.

MEMORANDA.

THOUGHTS.-A man would do well to carry a pencil in his pocket, and write down the thoughts of the moment. Those that come unsought for are commonly the most valuable, and should be secured, because they seldom return.-Lord Bacon.

PASTIME. He that follows his recreation instead of his business, shall in a little time have no business to follow.

CIVILITY.-Civility is a kind of charm that attracts the love of all men; and too much is better than to show too little.

SECTION III.

TO PREPARE LISTS OF PERSONS QUALIFIED AND LIABLE TO SERVE ON GRAND AND PETTY JURIES-PENALTIES IMPOSED ON CLERKS OF THE PEACE, SHERIFFS, &c. FOR NEGLECT OF DUTY, &c.

THE clerk of the peace in every county, riding, and division, in England and Wales, must, within the first week of July in every year, issue and deliver his warrant in the form prescribed in the schedule of the 6th Geo. IV. cap. 50, to the high constables of each hundred or other district, by which he shall command them to issue their precepts to the church-wardens and overseers of the poor of the respective parishes, and to the overseers of the poor of the several townships within their respective constablewicks, requiring them to prepare and make out, before the first day of September then next ensuing, a true list of all persons residing within their respective parishes and townships qualified and liable to serve on juries, as prescribed by 6th Geo. IV. cap. 50, as explained in the former chapter.

Every such clerk of the peace is to cause a competent number of warrants, precepts, and returns, to be printed according to forms prescribed,* and the cost thereof to be paid by the county, riding, or division; and he must annex to every warrant a sufficient number of precepts and returns for the use of those by whom the same are to be issued and prepared.

*See Appendix for forms.

Within fourteen days after the receipt of such warrant of the clerk of the peace, every high constable shall issue and deliver his precept,* together with a sufficient number of the printed forms of returns,† to the churchwardens and overseers of the poor of the several parishes and townships within his constablewick, requiring them to prepare and make out a true list of all persons residing therein, qualified and liable to serve as jurors as aforesaid. And when in any hundred, or any like district, there shall be two or more high constables, the clerk of the peace shall issue his warrant with a competent number of such precepts and returns to every one of such high constables, each of whom shall be individually liable for the due performance of the matters commanded in such warrant throughout the whole of such hundred or other district, and shall, for non-performance thereof, be liable to all penalties imposed by the Act upon a high constable. Provision is also made, that where, in any parish, there shall be no overseers of the poor, except the churchwardens, such churchwardens shall be deemed churchwardens and overseers within the meaning of the Act; and also, that where any parish or township shall extend into more than one hundred, or other like district, either in the same or different counties, such parish or township shall be deemed to be within that hundred or district in which the principal church of such parish or township shall be situate, &c.

At a special petty sessions to be holden for that purpose before the first day of July in every year, the

*For particular form, &c. see Appendix.

+ See Appendix.

justices of the peace of any division in England or Wales, may make an order for annexing any "extraparochial" place to any parish or township adjoining thereto, and a copy of such order, within five days from the making thereof, must be served upon the churchwardens and overseers of such adjoining parish, or upon the overseers of such adjoining township; and such extra-parochial place is thenceforward to form an integral part of such parish or township, for the purpose of making jury-lists under the new Act; and returns of persons qualified and liable to serve on juries, whether residing in the parish or township, or such extraparochial place thereto annexed, are to be made by the churchwardens and overseers under the same penalties as in other cases.

After the receipt of the high constable's precept, the churchwardens and overseers are to prepare, in alphabetical order, a true list of every person residing within their respective parishes or townships qualified and liable to serve on juries as aforesaid, with the Christian and surname written at full length, and with the true place of residence, the title, quality, calling, or business, and the nature of the qualification of every such person, in the proper columns of the prescribed form of return.*

The churchwardens and overseers of each parish having made out lists of qualified persons in the manner prescribed, are respectively, on the the three first† Sundays in the month of September, to fix a true copy of such list upon the principal door of every church,

* For particular form, see Appendix. + Refer to the Act itself.