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Reports of Cases Decided at Nisi Prius and at the Crown Side on Circuit; With Select Decisions at Chambers

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 Excerpt: ...J udge appears to have decided according to the authorities, but the taking of the book into the juror's hand is so generally an act of a hurried nature that the rule seems very inconvenient, unless the precaution be adopted in practice which was suggested by Parke, B., in Frost's case, as reported by Gurney, who there said, "that to prevent any dispute upon such question in future, it would le much better that the Clerk of Assize should ask each party whether they challenge or not, in order that there may be no dispute hereafter whether the challenge comes too late." The rule is still more inconvenient when, as in the present case, the objection is taken by the juror himself, for undoubtedly it would occur to any ordinary person that the natural time to raise the objection would be when he was called upon to contribute himself to the act of taking the oath, viz., when he is told to kiss the book. Frost's Case is also reported in 9 Can-& P. 137. Both reports concur in making Tindal, C. J., say, that the moment the oath is begun to be delivered by the officer it is too late for either party to challenge. The juryman then kissed the book, and took his seat on the jury. A full jury having at length been procured, the prisoner was given in charge to them. The jury found a verdict of guilty of manslaughter, and he was sentenced to ten years' penal servitude. Somerset and Hill for the Crown. Matthews and James for the prisoner. And Parke, B., is made to give it as his opinion, that the delivering the book by the Officer of the Court to the juror is the form of beginning to take the oath. Williams, J., concurred in that case. The three learned Judges were then sitting under a Special Commission to try certain chartists at Monmouth. But in the Derby c... Hide synopsis

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