Juries Act 1729
| Jurisdiction | UK Non-devolved |
| Citation | 1729 c. 25 |
| Year | 1729 |
(3 Geo. 2) C A P. XXV.
'WHEREAS many evil Practices have been used in corrupting of Jurors returned for the Trial of Issues joined to be tried before the Justices of Assize orNisi prius , and the Judges of the Great Sessions in Wales , and the Judge or Judges of the Sessions for the Counties Palatine of Lancaster, Chester or Durham , and many Neglects and Abuses have happened in making up the Lists of Freeholders, who ought to serve on such Trials, and many Persons being lawfully summoned to serve on Juries have neglected to appear, to the great Injury of many Persons in their Properties and Estates;' In order to prevent the like Practices, Neglects and Abuses, Be it enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the first Day of September one thousand seven hundred and thirty, the Person or Persons required by a Statute made in the seventh and eighth Years of the Reign of his late Majesty King William the Third, intituled, An Act for the Ease of Jurors, and better regulating of Juries , and by a Clause in another Act made in the third and fourth Years of the Reign of the late Queen Anne , intituled, , to give in, or who are by Virtue of this Act to make up, true Lists in Writing of the Names of Persons qualified to serve on Juries, in order to assist them to complete such Lists, pursuant to the Intent of the said Act, shall (upon Request by him or them made to any ParishOfficer or Officers who shall have in his or their Custody any of the Rates for the Poor or Land Tax in such Parish or Place) have free Liberty to inspect such Rates, and take from thence the Name or Names of such Freeholders, Copyholders or other Persons qualified to serve on Juries, dwelling within their respective Parishes or Precincts for which such List is to be given in and returned, pursuant to the said Acts; and shall yearly and every Year, twenty Days at least before the Feast of SaintMichael the Archangel , upon two or more Sundays , fix upon the Door of the Church, Chapel and every other publick Place of religious Worship within their respective Precincts, a true and exact List of all such Persons intended to be returned to the Quarter-Sessions of the Peace, as qualified to serve on Juries, pursuant to the Directions of the said Act, and leave at the same Time a Duplicate of such List with a Churchwarden, Chapelwarden or Overseer of the Poor of the said Parish or Place, to be perused by the Parishioners without Fee or Reward, to the End that Notice may be given of Persons so qualified who are omitted, or of Persons inserted by Mistake who ought to be omitted out of such Lists; and if any Personor Persons, not being qualified to serve on Juries, shall find his or their Name or Names mentioned in such List, and the Person or Persons required to make such List shall refuse to omit him or them, or think it doubtful whether he or they ought to be omitted, it shall and may be lawful to and for the Justices of the Peace for the County, Riding or Division at their respective General Quarter-Sessions, to which the said Lists shall be so returned, upon Satisfaction from the Oath of the Party complaining, or other Proof, that he is not qualified to serve on Juries, to order his or their Name or Names to be struck out or omitted in such List, when the same shall be entred in the Book to be kept by the Clerk of the Peace for that Purpose, pursuant to the said Act.
II. And be it further enacted, That if any Person or Persons required by the said Acts to return or give in, or by Virtue of this Act to make up any such List, or concerned therein, shall wilfully omit out of any such List any Person or Persons whose Name or Namesought to be inserted, or shall wilfully insert any Person or Persons who ought to be omitted, or shall take any Money or other Reward for omitting or inserting any Person whatsoever, he or they so offending shall, for every Person so omitted or inserted in such List, contrary to the Meaning of this Act, forfeit the Sum of twenty Shillings for every such Offence, upon Conviction before one or more Justice or Justices of the Peace of the County, Riding or Division where such Offender shall dwell, upon the Confession of the Offender, or Proof by one or more credible Witness or Witnesses on Oath; one Half thereof to be paid to the Informer, and the other Half to the Poor of such Parish or Place for which the said List is returned; and in case such Penalty shall not be paid within five Days after such Conviction, the same shall be levied by Distress and Sale of the Offender's Goods, by Warrant or Warrants from one or more Justice or Justices of the Peace, returning the Overplus, if any there be; and the said Justice or Justices, before whom such Person shall be convicted of such Offence, shall, in Writing under their Hands, certify the same to the Justices at their next General Quarter-Sessions which shall be held for the County in which the Person or Persons so omitted or inserted shall dwell, which Justices shall direct the Clerk of the Peace for the Timebeing to insert or strike out the Name or Names of such Person or Persons as shall by such Certificate appear to have been omitted or inserted in such Lists, contrary to the Meaning of this Act; and Duplicates of the said Lists, when delivered in at the Quarter-Sessions of the Peace, and entred in such 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 respective County, or his Under Sheriff, in order for his returning of Juries out of the said Lists; and such Sheriff or Under Sheriff shall immediately take care, that the Names of the Persons contained in such Duplicates shall be faithfully entred alphabetically, with their Additions and Places of Abode, in some Book or Books to be kept by him or them for that Purpose; and that every Clerk of the Peace neglecting his Duty therein shall forfeit the Sum of twenty Pounds to such Person or Persons as shall inform or prosecute for the same, until the Party be thereof convicted upon an Indictment before the Justices of the Peace at any General Quarter-Sessions of the Peace to be holden for the same County, Riding, Division or Precinct.
III Penalty on Sheriff, &c. returning any Person whose Name is not in the Duplicate.
III. And be it further enacted, That in case any Sheriff, Under Sheriff, Bailiff or other Officer to whom the Return of Juries shall belong, shall summon and return any Person or Persons to serve on any Jury in any Cause to be tried before the Justices of Assize orNisi prius , or Judges of the said Great Sessions, or the Judge or Judges of the Sessions for the said Counties Palatine, whose Name is not inserted in the Duplicates so delivered or transmitted to him or them by such Clerk of the Peace, if any such Duplicate shall be delivered or transmitted, or if any Clerkof Assize, Judge's Associate or other Officer shall record the Appearance of any Person so summoned and returned as aforesaid, who did not really and truly appear, then and in such Case any Judge or Justice of Assize orNisi prius , or Judge or Judges of the said Great Sessions, or the Judge or Judges of the Sessions for the said Counties Palatine, shall and may, upon Examination in a summary way, set such Fine or Fines upon such Sheriff or Under Sheriff, Clerk of the Assize, Judge's Associate or other Officer, for every such Person so summoned and returned as aforesaid, and for every Person whose Appearance shall be so falsly recorded, as the said Judge or Justice of Assize, Nisi prius , or of the said Great Sessions, or the Judge or Judges of the Sessions for the said Counties Palatine shall think meet, not exceeding ten Pounds, and not less than forty Shillings.
IV. And for preventing Abuses by Sheriffs, Under Sheriffs, Bailiffs or other Officers concerned in the summoning or returning of Jurors: Be it enacted by the Authority aforesaid, That no Persons shall be returned as Jurors to serve on Trials at any Assizes orNisi prius , or at the said Great Sessions, or at the Sessions for the said Counties...
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