HC Deb 15 June 1874 vol 219 cc1663-6

(In the Committee.)

Clause 94 (Juries de ventre inspiciendo abolished). The clause abolishes the ancient form of "empannelling a jury of matrons" in pleas of pregnancy:—Agreed to.

Clause 95 ("Good" juries abolished) agreed to.

Clause 96 (Act not to affect grand juries or coroners' juries) agreed to.

Clause 97 (Saving of challenge to the array) agreed to.

Clause 98 (Penalty for bribery of Sheriff, &c). The clause declares it to be a misdemeanour, punishable by fine at the discretion of the Court, for a Sheriff, Under Sheriff, &c, directly or indirectly, to take or receive any money or reward, or any promise of or contract for money or reward, for excusing, or under pretence of excusing, any man from being summoned to serve, or from serving on any jury:—Agreed to.

Clause 99 (Penalty on Sheriffs for neglect of duty). The clause inflicts a penalty of £50 on any Sheriff for summoning, or neglecting to summon any juror out of his proper turn, or who shall neglect any of the duties prescribed by this Act:—Agreed to.

Clause 100 (Punishment of embracers and corrupt jurors). The clause provides that every person who is guilty of the offence of embracery, and every juror who wilfully or corruptly consents thereto, may be proceeded against and punished by fine and imprisonment, as before the County Juries' Act, 1825:—Agreed to.

Clause 101 (Interpretation Clause) agreed to.

Clause 102 (Repeal of Acts in Schedule) agreed to.

Clause 103 (Judges to make General Orders) agreed to.

Clause 104 (Short title of Act)—namely, "The Juries' Act, 1874," agreed to.

Clause 105 (Act when to come into operation). The clause proposed to provide that the Act shall come into operation on the day of November, 1874.

MR. LOPES

moved an Amendment, that the Act come into operation on the first day of January, 1875.

Amendment agreed to.

Clause as amended, agreed to.

On the Motion of Mr. GOLDNEY, the following new clause was agreed to, and added to the Bill, after Clause 26:— (Justices clerks' fees.) The fees to be paid to and taken by the clerks to the justices in petty sessions for the several matters in relation to this Act, shall he settled, appointed, and regulated by the justices of the peace at their quarter sessions for the several counties, ridings, and divisions in England and Wales, and be certified as proper by Her Majesty's Principal Secretary of State, in accordance with the provisions for regulating the payment of clerks' fees contained in the Act of eleven and twelve of Victoria, chapter forty-three, and the amount of such fees shall be paid by the overseers of the several parishes, and be included by them in their account of expenses incurred in carrying into effect the provisions of this Act: Provided always, That until such fees shall be settled and certified, the clerk or clerks shall be entitled to receive of and be paid by the respective overseers such fees for and in respect of the matters aforesaid as the justices in petty sessions shall certify and allow.

New Clause (Payment of clerks of the peace not paid by salary)—(Mr. Lopes),—postponed.

On the Motion of Mr. GOLDNEY, the following new clause was agreed to, and added to the Bill, after Clause 45:— (Payment of Secondary.) The Secondary shall be paid such a sum by way of remuneration for his labour in the pre- paration of the Jury List by him as the Court of Common Council shall consider to be proper, such amount to be apportioned amongst the different parishes in the city as under the fifty fifth section of the Act of the sixth and seventh years of Victoria, chapter eighteen, and paid accordingly.

On the Motion of Mr. HOPWOOD, the following new clause was agreed to, and added to the Bill, after Clause 75:— (Adjournment to enable jurors to view places.) On the trial of any indictment or information the court or judge may order that the jurors sworn to try the case shall have a view of anyplace or property within the jurisdiction of the court, in order the better to understand the evidence, and may for that purpose adjourn the trial, and may allow the cost occasioned thereby as costs of the prosecution in all trials for felony or misdemeanour where the court or a judge has power by law to allow the costs of the prosecution.

MR. LOPES moved, after Clause 94, to insert the following clause:— (Power for court to direct inquiry by medical men.) In cases where after the passing of this Act a female upon a capital conviction alleges, or the court has otherwise reason to suppose that she is pregnant, the court shall direct that one or more medical men be sworn to inquire whether she be with child of a quick child, and if after due inquiry he or they shall report that she is with child of a quick child, the court shall stay execution of the sentence until such female be delivered of a child, or until it is no longer possible in the course of nature that she shall be so delivered.

New Clause (Power for court to direct inquiry by medical men,)—(Mr. Lopes,) brought up, and read the first and second time.

Question put, "That the Clause be added to the Bill."

The Committee divided:—Ayes 71; Noes 26: Majority 45.

First Schedule (Forms).

On the Motion of Mr. J. G. TALBOT, Amendment made in line 12, by leaving out "also a true," to "form," inclusive, and inserting, "such list shall also contain."

Schedule, as amended, agreed to.

Second Schedule (Acts repealed) agreed to.

Preamble agreed to.

MR. ASSHETON CROSS

said, before the House resumed, he wished to call the attention of his hon. and learned Friend the Member for Frome (Mr. Lopes) to the fact that there was a strong feeling that the limit of £500 a-year as the qualification of special jurymen was too high.

MR. LOPES

said, before the third reading he would reconsider the point.

House resumed.

Bill reported; to be printed, as amended [Bill 149]; re-committed for Monday next.