Not to be ex ported. Iron and Steel. [25 G. 3. c. 67. — 26 G. 3. c. 89.] 25 G. 5. c. 67. BY 25 G. 3. c. 67. § 1. No person shall export, or load, pack, or put on board any ship in order to be exported (except to Ireland,) or cause the same to be done, or load on board any boat or vessel, or bring to any quay, wharf, or place for the purpose of exporting the same, any tool or utensil, which is or may be used for preparing, working, finishing, or completing the iron or steel manufactures of this kingdom, or any model or plan of any such tools or utensils, or any part thereof, or cause the same to be done; nor shall collect, obtain, make, or apply for any such tools, utensils, or implements, or any part thereof, or any such model or plan, with intent to export the same, on pain of forfeiture thereof, together with the packages, and all other goods packed therewith, which may be seized by any officer of the customs: And on complaint made on the oath of one witness before one justice, he may issue his warrant to bring the person complained of before him or some other justice of the county, &c.; and if such persons shall not give such account of the use or purpose to which the same are intended to be appropriated, as shall be satisfactory to the justice, he shall detain such goods, and bind such person to appear at the next assizes or quarter sessions, with reasonable sureties for his appearance; and if he shall neglect or refuse to give such security, the justice may commit him to the common gaol or house of correction until the next assizes or quarter sessions, and until he shall be delivered by due course of law. And in case such person shall be convicted upon indictment or information, he shall forfeit 2007. and shall be imprisoned twelve months without bail, in the common gaol or house of correction, and until the forfeiture shall be paid. 26 G. 3. c. 89. Exception. Exceptions by 26 G. 3. c. 89. § 2. 3. & 4. Do not relate to justices of the peace. And by 26 G. 3. c. 89. § 1. [made perpetual by 35 G. 3. c. 38. 4.] After reciting that such general prohibition of the exportation of tools and utensils was productive of inconvenience, &c., it is therefore enacted, that it shall be lawful to export any tools or utensils made use of in the iron or steel manufactures, which might have been legally exported before the passing of the aforesaid act, except those hereafter mentioned, (viz.) rollers, either plain, grooved, or of any other form or denomination, of cast iron, wrought iron, or steel, for the rolling of iron, or any sort of metals and frames, beds, pillars, screws, pinions, and each and every, implement, tool, or utensil thereunto belonging, rollers, slitters, frames, beds, pillars, and screws, for slitting mills; presses of all sorts in iron, steel, or other materials, which are used with a screw exceeding one inch and a half in diameter; or any parts of these several articles, or any model of any of the utensils or machines aforesaid, or any part thereof, and all sorts of utensils, engines or machines used in the casting or boring of cannon, or any sort of artillery, or any parts thereof, or any model of tools, utensils, engines, or machines used for the like purpose; hand stamps, dog-head stamps, pulley stamps, hammers, and anvils for stamps, presses of all sorts called cutting-out-presses, beds and 26 G. 3. c. 89. punches to be used therewith, piercing presses of all sorts, beds and punches to be used therewith, either in parts or pieces, or fitted together; scoring or shading engines; presses for horn buttons, dies for horn buttons, rolled metal with silver thereon, parts of buttons not fitted up into buttons, or in an unfinished state; engines for chasing, stocks for casting buckles, buttons, and rings; die-sinking tools of all sorts, engines for making button shanks, laps of all sorts, tools for pinching glass; engines for covering of whips; bars of metals covered with gold or silver; burnishing stones, commonly called blood stones, either in the rough state or finished for use. with intent to export. § 2. And if any person shall have in his possession with intent Person having to export the same any wire moulds for making paper: wheels certain articles made of metal, stone, or wood, for cutting, roughing, smooth- in his possession ing, polishing, and engraving glass; purcellas, pincers, shears, and pipes, used in blowing glass; potters' wheels and lathes for plain, round, and for engine-turning tools, used by sadlers, harness-makers, and bridle-makers, namely, cantle-strainers, sidestrainers, point-strainers, creasing-irons, screw-creasers, wheelirons, seat-irons, pricking-irons, bolster-irons, clams and headknives; the said former act shall be extended to exporters or possessors of the tools and utensils herein described, as fully, to all intents and purposes, as if the same were re-enacted in this act. By 25 G. 3. c. 67. § 7. 8. all penalties are to be recovered in Penalties. the courts at Westminster, and to be sued for within twelve months. Judgment. OF judgments, some are fixed and stated, as in cases of treason, Judgments felony, præmunire, and misprision; the particular forms of certain. which may be seen under their respective titles. Others are discretionary and variable, according to the different Judgments circumstances of each case: Thus, for crimes of an infamous variable. nature, such as petit larceny, perjury, or forgery at common law, gross cheats, conspiracy, not requiring a villanous judgment, keeping a bawdy-house, bribing witnesses to stifle their evidence, and other offences of the like nature, it seems to be in a great measure left to the prudence of the court to inflict such corporal punishment, and also such fine, and binding to the good behaviour for a certain time, as shall seem most proper and adequate to the offence. 2 Haw. c. 48. § 14. The court may assess a fine, but cannot award any corporal Judgment in punishment against a defendant, unless he be actually present in the offender's court. 2 Haw. c. 48. § 17. absence. Where there are several defendants, a joint award of one fine Judgment of a against them all is erroneous; for it ought to be several against joint fine. each defendant; otherwise, one who hath paid his proportionable part might be continued in prison till all the others have also 25 G. 3. c. 67. Not to be exported. 26 G. 3. c. 89. Exception. Exceptions by 26 G. 3. c. 89. Iron and Steel. [25 G. 3. c. 67.-26 G. 3. c. BY 25 G. 3. c. 67. § 1. No person shall ex he offence orm in pro .48. it in Dalt. 24., and 7 & 8 W. c. 32. temporary, but are reDe 3 G. 2. c. 25.; which act the 6 G. 2. c. 37. And -S W., and 3 G. 2. are re- sessions. --irth-right, and is that happy ail revolutions of times, hath this present day; the besit being contemporary with ce of the pillars of it, both as to Dalt. c. 186. berties of every Englishman is arter: "nullus liber homo capiatur, aut aliquo alio modo destruatur, ram vel legem terræ." in the order following: w be Jurors. c. 38.-27 Ed. 3. st. 2. c. 8. 3-8 H. 6. c. 9-29. - 1 R. 3. c. 4. 1-19 H. 7. c. 13. — 5 H. 8. c. 6. 1313 & 14 C. 2. c. 11. § 11. 18. § 11. - 4 & 5 W. c. 24. § 15. 21. W. c. k. § 2. 3. -7 & 8 W. c. 32. §4.8.c. $2. § 8.-1 An. st. 2. c. 13. § 3. J & 1 § 6. 3 G. 2. c. 25. § 18. 19. 20. e. 7. §3.18 G. 2. c. 15. 19 G. 3. - nd returning Lists of Jurors. 4-8 & 9 W. c. 10.-3 & 4 An. 2. c. 25. 1. 2. 3. 7. 19. may or may not be Jurors. it doth not seem to be any where holden Who may be eholders ought to be returned on a grand jury. grand jurymen. her place he says, that by the common law, every Pan ought to be a freeman. 2 Haw. c. 25. § 16. A. Hale says, touching the yearly value of the estate of a As to their ryman, he doth not find any thing determined; but free- estate. they ought to be. 2 Hale, 155. In a case reserved by Mr. Justice Lawrence, from the Oxford Circuit in 1810, the judges held that grand jurors are not positively required to be freeholders. MS. C. C. R. See Lamb. 382. But by 7 & 8 W. 3. c. 32. § 8., in Yorkshire, they ought to have 801. a-year, freehold or copyhold. As to their be. ing under attainder, alien, or outlawed; or under pro Also a grand juryman must be a lawful liege subject; and consequently, neither under attainder of any treason or felony, or an alien, nor outlawed whether for a criminal matter, or, as some say, in a personal action; and from hence it seems that any one who is under a prosecution for any crime may, by the common secution. law, before he is indicted, challenge any of the persons returned on the grand jury for the defect of any of the qualifications abovesaid. 2 Haw. c.25. § 16. The grand jury ought not to consist of an indefinite number; Their number. for no more ought to be sworn than twenty-three. For if a number amounting to two full juries or more should be sworn, it might happen that a complete jury of twelve might find a bill to be true, though other twelve or more of the same jury might reject it as untrue; which would be inconvenient and absurd. 2 Burr. 1088. By 3 G. 2. c. 25. f 19. 20. In the courts at Westminster and Jurymen in the city of London, the jurors should be householders within the courts at Westcity, and have lands, tenements, or personal estates, to the value minster. of 100%. Judgment in mitigation of fines. Judgment against the verdict. Judgment by particular statutes. paid theirs, which would be in effect to punish him for the offence of another. 2 Haw. c. 48. § 18. A fine is under the power of the court during the term in which it is set, and may be mitigated as shall be thought proper: but after the term, it admits of no alteration. 2 Haw. c. 48. $ 20. A judgment contrary to the verdict is void. By many statutes peculiar punishments are appointed for several offences, as stocks, imprisonment, whipping, and the like; and in all these cases, no room is left for the justices' discretion, for they ought to give judgment and to inflict the punishment in all the circumstances thereof, as such statutes do direct. Dalt. c. 188. See De Lolme, p. 287. 3 Blac. Com. 579. 9 H. 3. c. 29. NOTE. Jurors. The statutes of the 4 & 5 W. c. 24., and 7 & 8 W. c. 32. hereafter following, were at first but temporary, but are referred to, and as it were adopted by the 3 G. 2. c. 25.; which act of the 3 G. 2. c. 25. is made perpetual by the 6 G. 2. c. 37. And all the said three acts of 4 & 5 W., 7 & 8 W., and 3 G. 2. are required to be read at every Midsummer sessions. Trial by juries is the Englishman's birth-right, and is that happy way of trial, which, notwithstanding all revolutions of times, hath been continued beyond all memory to this present day; the beginning whereof no history specifies, it being contemporary with the foundation of this state, and one of the pillars of it, both as to age and consequence. Tr. p. Pais, 3. Dalt. c. 186. And this grand bulwark of the liberties of every Englishman is secured to him by the great charter; "nullus liber homo capiatur, vel imprisonetur, aut exulatur, aut aliquo alio modo destruatur, nisi per legale judicium parium suorum vel legem terræ.” Concerning which I will treat in the order following: § I. Who may or may not be Jurors. [13 Ed. 1. st. 1. c. 38.. 27 Ed. 3. st. 2. c. 8.28 Ed. 3. c. 13.8 H. 6. c. 9—29. — 1 R. 3. c. 4. 3 H. 7. c. 1. 19 H. 7. c. 13. 5 H. 8. c. 6. 23 H. 8. c. 13. 13 & 14 C. 2. c. 11. § 11. 4 & 5 W. c. 24. § 15. 21. -6 & 7 W. c. 4. § 2. 3. — 7 & 8 W. c. 32. § 4. 8.— 1 An. st. 2. c. 13. § 3. - 10 An. c. 14. § 6. -3 G. 2. c. 25. § 18. 19. 20. 4 G. 2. c. 7. 3. 18 G. 2. c. 15. 19 G. 3. c. 44.] II. Of making and returning Lists of Jurors. [7 & 8 W. c. 32. § 4. 8 & 9 W. c. 10.- 3 & 4 An. c. 18. 5.-3 G. 2. c. 25. § 1. 2. 3. 7. |