The sheriff cannot alter the mode of punishment, by substituting one kind of death for another, without being guilty of felony. It is held by Sir E. Coke and Sir Matthew Hale, that even the sovereign cannot change the punishment by altering the hanging into beheading, though, when beheading is part of the sentence, he may remit the rest. If, upon judgment to be hanged till dead, the criminal revives, the sheriff must hang him again, the former banging being held no execution.

There is also another form of judicial procedure, namely, by summary conviction before justices of the peace.

By summary proceedings are principally meant such as are directed by several acts of parliament for the conviction of cfenders, and the infliction of penalties created by those acts of par iament. In these there is no intervention of a jury, but the party accused is acquitted or condemned by the suffrage of such person only as the statute has appointed for his judge.

Of this summary nature are all trials of offences and frauds ontrary to the laws of the excise and other branches of the revenue, which are inquired into by the commissioners of the respective revenue departments, or by justices of the peace in the esunty where they occur. Another branch of summary procedure is that before justices of the peace, in order to inflict petty pecuMary fines and corporal penalties, denounced by act of parliament for disorderly offences; such as poaching, malicious mischief, comon swearing, drunkenness, vagrancy, idleness, and a vast variety of others, all of which formerly used to be punished by the verdict of a jury in the court leet.

The process is extremely brief: after summoning the offender, the magistrate proceeds to examine one or more witnesses, as the statate may require, upon oath; he then makes his conviction in writing, upon which he usually issues his warrant, either to apprehend the party, in case corporal punishment is to be inflicted, or to levy the penalty incurred by distress and sale of goods. By the 18 G. 3, c. 19, justices out of session are also empowered kaward costs against either the person complaining or the person

inst whom the complaint is made; which, if not paid, may be ried by distress; or, if no distress can be had, such person may be committed to hard labour for any time not less than ten days Ber more than a month.

From these convictions there is no appeal, unless it be expressly riven by the statute; but the party has in general a right to a ertiorari to remove the conviction into the court of Queen's Bench. When an appeal is given to the sessions, the magistrates should make known to the convicted party his right to appeal; but if he dine appealing, they are not required to inform him of the Berary steps to be taken to appeal. Upon appeal the magistrates are bound to receive any fresh evidence, though not tendered the former hearing. 3 M. & S. 133.

The defendant is entitled to require a copy of the conviction from the convicting magistrate.

When an appeal is allowed, the conditions or directions respecting such appeal must be strictly complied with; and the appeal must be to the next quarter sessions of the jurisdiction in which the conviction takes place, unless otherwise specially appointed by the statute giving the right of appeal.

These summary proceedings are unknown to the common law, and appear to have arisen from the increase of population, the multiplicity of our fiscal regulations, the demoralization of juvenile delinquents from protracted imprisonment with older offenders before trial, and the expense and delay of bringing a number of petty offences before the regular tribunals of criminal judicature.

By 5 & 6 V. c. 38, the justices holding sessions of the peace are not allowed to convict for any capital felony, or felony (unless the accused has been previously convicted) subjecting to transportation for life; nor for offences against the queen or parliament; nor for blasphemy, administering unlawful oaths, bigamy, abduction, seditious or blasphemous libels.

The 20 & 21 V. c. 43, is intended to obtain the opinion of a superior court on questions of law which arise in the exercise of summary jurisdiction by justices of peace, police, or other stipendiary magistrate. By s. 2, one or more justices, on application of any party aggrieved by their decision, as being erroneous in point of law, may, within three days after, apply to them to state a case for the opinion of a superior court; the applicant to transmit such case to the superior court, and give security to abide costs. Justices may refuse a case, if frivolous; but court of Queen's Bench may order a case to be stated. Power of superior court may be exercised by a judge at chambers, s. 8.

For the more speedy trial of juvenile offenders, and to avoid the evils of their long imprisonment before trial, it is enacted by 10 & 11 V. c. 82, extended by 13 & 14 V. c. 37, that persons not exceeding sixteen years of age, guilty of any theft that the law considers simple larceny, or aiding in its commission, may be summarily convicted by two judges, and sentenced to imprisonment for not exceeding three calendar months, with or without hard labour, or to forfeit any sum not exceeding £3, or, if a male, may be once privately whipped, either instead of or in addition to such punishment; or the whipping, inflicted by a constable, may be out of prison. But offenders under these acts above fourteen are not liable to whipping. Justices may dismiss the accused if they deem it expedient not to inflict any punishment, with or without sureties for future good behaviour, giving the accused a certificate of such dismission as a bar to future proceedings. Justices are required to ask the accused if they wish the charge to be tried by a jury; if either accused or parents object to a summary conviction, justices to proceed with the case as before the acts. One police justice of

the metropolis, or stipendiary magistrate elsewhere, has jurisdiction. Justices may order restitution of stolen property.

The law has provided a method for the prevention of crimes as well as punishing them when committed. This preventive justice consists in obliging persons whom there is reason to suspect of fature misdeeds, to enter into a recognizance to keep the peace, or be of good behaviour.

A recognizance is an obligation, with one or more sureties, entered into before a court of record, or magistrate duly authorized, to do some specific act, as to appear at the sessions, keep the peace, or the like. In default, the recognizance is forfeited to the crown, and the party and his sureties may be sued for the sums in which they are respectively found.

Justices of peace may demand security at their own discretion, rit may be granted at the request of a private individual, upon due cause shown. Wives may demand it against their husbands, or husbands, if necessary, against their wives.

Justices may bind a person over for offences against good manDer as well as against the peace; as for haunting bawdy-houses, or keeping women of bad fame in his house, or for words tending te scandalize the government, or in abuse of the officers of justice. Also justices may bind over all eaves-droppers, reputed thieves, 5.mmon drunkards, cheats, or vagrants. It is even held, though datious authority, that justices may demand bail of persons charged with libel before the indictment is found, Butt v. Conant, B. & C. 548.

With respect to the exhibition of articles of the peace, there ht to be a reasonable foundation, on the face of the articles, to e a fear of personal danger before sureties of the peace will be Tegained, 13 E. R. 172. The court may require bail for such a th of time as they shall deem necessary for the preservation of peace, but are limited to a twelvemonth, Rex v. Bowes, 1 T. R. 696.

A recognizance may be forfeited by the commission of any of te acts which the party is bound to refrain from; or it may be charged either by the demise of the queen, to whom the recogace is made, or by the death of the principal party; or by the der of the court to which it is certified; or in case he at whose quest it is granted, if granted upon a private account, will ree it, or does not make his appearance to pray that it may be

Br 7 G. 4, c. 64, no recognizance is to be estreated without the te order of the justice, recorder, corporate officer, chairman, tice of peace, to whom a list of forfeited recognizances must aitted by the officer of estreats.

CHAPTER V.

JURIES.

THE trial by jury, or the empannelling of an assembly of men to inquire into alleged facts, and bound by oath to a faithful discharge of their duty, is mostly deemed one of the most ancient and salutary institutions which has descended from a remote period, for the preservation of the persons and properties of the people. By 6 G. 4, c. 50, several abuses which had crept into the jury system were removed, and the institution placed on such a basis as better to ensure the fair and independent discharge of its judicial functions. In the course of the chapter we shall incorporate the provisions of this statute, and a subsequent amending one, as well as retain the customs and practices not affected by the acts, and thereby exhibit the present state and constitution of juries.

JURY LISTS.

According to the Jury Act, the churchwardens and overseers of the poor are required to make out an alphabetical list, before the 1st of September in each year, of all men residing in their respective parishes and townships qualified to serve on juries, setting forth at length their Christian and surname, the place of abode, title, profession or business, and the nature of the qualification of each individual.

Copies of these lists, on the first three Sundays in September. are to be fixed on the principal door of every church, chapel, and other public place of religious worship, with a notice subjoined that all appeals will be heard at the petty sessions, to be held within the last seven days of September in each year, mentioning the day and place of holding such session.

For the purpose of correcting and completing the jury lists, th church wardens and overseers may, between the 1st of July and th 1st of October, by application to any collector or assessor of taxes or other officer, inspect any duplicate or assessment, and then take the name of jurors.

The list so prepared is to be kept by the clerk of the peace, an to be copied into a book, which is to be delivered to the sherif and to be called "The Jurors' Book." This book, which is to b used for one year, commencing the 1st of January, every sheriff is deliver to his successor in office; and from it the sheriffs, coroner and other officers are to select the jurors.

Penalties are imposed on any of the officers neglecting or refu ing to discharge their respective duties in the formation of the ju

lists.

With the exceptions hereafter specified, the following persons are now qualified to serve on juries, for the trial of all issues, civil and criminal, in the queen's courts at Westminster, and at the sizes and on grand and petty juries in the courts and sessions the peace, in the county, riding, or division where they respectively reside.

1. Every man between the age of twenty-one and sixty years, residing in England, having, in his own name, or in trust for him, £10 per annum of clear yearly income, arising from lands and tenements, whether freehold, copyhold, customary tenure, or ancient demesne ; rrents issuing thereout in fee simple, fee tail, either for his own r other person's life; or such income or rents jointly issuing, amounting together to the clear yearly value of £10.

Every man having £20 a year clear, from lands or tenements be'd by lease, for twenty-one years or upwards, or for any term leterminable on any life or lives.

3. Householders assessed to the poor-rate, or to the inhabited se duty, in the county of Middlesex on a value of £30; in any sther county £20.

Persons residing in Wales are eligible to serve on juries who are alified to the extent of three-fifths of any of the foregoing quali

The following are exempt from serving on all juries and inquests whatever :-Peers, judges of the superior courts, sergeants, barristers and advocates actually practising; attorneys, solicitors, and proctors actually practising and taking out their certificates; orners, gaolers, and keepers of houses of correction; clergymen holy orders, Roman Catholic priests, having taken the oath reqired by law; dissenting ministers, whose places of worship are stered, and who follow no secular occupation except that of woolmaster; police magistrates and commissioners of the metroPa; officers of the army and navy on full pay; physicians, warzone, and apothecaries duly licensed and actually practising; ants of the royal household; pilots licensed, and masters in bay or light service; officers in the customs, post-office (10

399), and excise; officers of courts of justice actually exring the duties of their offices; sheriffs' officers, high constables, parish clerks.

To these must now be added (under 25 & 26 V. c. 107) all Perd pharmaceutical chemists, the managing clerks to attor

solicitors, and proctors, actually practising, and all subor. cate officers in gaols and houses of correction.

It was also determined in the session of 1826, that members the House of Commons are privileged from serving on juries wise attending their duties in parliament, Par. Paper, No. 71. Xo man, not being a natural-born subject, is qualified to serve