at the feffions, fhall caufe to be delivered a duplicate of the lifts, by the clerk of the peace of every county, to their fheriffs or their deputies, within ten days after fuch feffions; and caufe each of the lifts to be fairly entered into a book by the clerk of the peace; and no fheriff fhall impannel or return any perfon or perfons to ferve upon any grand jury, or petit jury, in any of the courts, that fhall not be named or mentioned in fuch lift: and, to prevent a failure of justice, through the neglect of conftables to make fuch returns of perfons qualified to ferve on juries, the clerks of the peace of the counties are hereby commanded, twenty days at least next before the month of September, yearly to issue forth precepts to the conftables of the feveral towns, requiring them to make fuch returns of perfons qualified to ferve upon juries as hereby directed; and every conftable, failing at any time to make fuch return to the justices in open court, shall forfeit the penalty of five pounds fterJing.

That no perfon who shall serve as a juror fhall be liable to ferve again as a juror for the space of three years, except upon fpecial juries.

That if, by reafon of challenges, or otherwife, there fhall not be a fufficient number of jurors; then the jury fhall be filled up de talibus circumftantibus, to be returned by the sheriff, unless he be a party, or interested or related to any party or perfon interested in fuch profe

cution or action.

That in cafe any perfon, fummoned to ferve upon the grand or petit jury, fhall not ferve according to his fummons, he thall be fined

in any fum not exceeding ten pounds, nor lefs than twenty fhillings fterling.

The names of the jurors are to be drawn out of a box or glass, and if any of them are challenged by the parties, other names to supply their places are to be drawn out under the direction of the sheriff. All perfons applying for special ju ries are to defray the expences occafioned by the trial; and if any action be brought against the fheriff for any thing he fhall do by virtue of this act, he may plead the general iffue, and, if a verdict be found for him, recover treble da mages.

An Abstract of an A&t for the impartial Adminiftration of Justice in the Cafes of Perfons questioned for any Acts done by them in the Execution of the Law, or for the Suppreffion of Riots, in the Province of the Maffachufett's Bay.

HIS aft declares, that if

Tany inquifition, or india.

ment, fhall be found, or if any appeal fhall be preferred against any perfon, for murther, or other capital offence, in the province of Maffachufett's Bay, and it shall appear, by information given upon oath to the governor, or to the lieutenant-governor, that the fact was committed by the perfon against whom fuch indictment fhall be fouad, either in the execution of his duty as a magiftrate, for the fuppreffion of riots, or in the fupport of the laws of revenue, or in acting in his duty as an officer of revenue, or in acting under the direction and order of any magi

frate,

frate, for the fuppreffion of riots, or for the carrying into effect the laws of revenue, &c. and if it shall also appear, to the fatisfaction of the faid governor, or lieutenantgovernor, that an indifferent trial cannot be had within the province, it shall be lawful for the governor, or lieutenant-governor, to direct, with the advice of the council, that indictment shall be tried in fame other of the colonies, or in GreatBritain; and, for that purpose, to order the perfon against whom fuch indictment shall be found to be fent, under fufficient cuftody, to the place appointed for his trial, or to admit fuch perfon to bail, taking a recognizance, from fuch perfon with fufficient fureties, in fuch fums of money as the governor, or the lieutenant-governor, fhall deem reasonable, for the perfonal appearance of fuch perfon at the place appointed for trial.

And, to prevent a failure of juftice, from the want of evidence on the trial of any fuch indictment, &c. the governor is authorized to bind in recognizances to his majefty all fuch witneffes as the profe cutor, or perfon against whom fuch judgment fhall be found, fhall defire to attend the trial of the indictment, for their perfonal appearance, at the time and place of fuch trial, to give evidence: and the governor fhall appoint a reafonable fum to be allowed for the expences of every such witness.

The witneffes are to be free from all arrefts, during their journey to any trial, and till they return home. All perfons brought before juftices, &c. accufed of any capital crime, in the execution of their duty, may be admitted to bail, and

may poftpone their trials, in order to the matter being heard in another colony.

When the governor directs the trial to be in any other colony, he is to tranfmit the indictment, &c. to the governor of fuch other colony, who is to caufe it to be delivered to the chief justice, who fhall immediately proceed upon trial; and if the governor directs the trial to be in Great-Britain, he is to tranfmit the indictment to one of the fecretaries of ftate, who is to direct it to be filed in the court of King's-Bench; and if any fuch indictment be accounted bad, from any error or defect, the fame fhall be quashed, and a new indictment preferred. This act to take effect on the first day of June. 1774, and to continue in force during the term of three years.

Abstract of the Bill for the Govern ment of Quebec.

HE a&t for making more ef

TH

fectual provifion for the government of the province of Quebec, in North America, extends the province fouthward to the banks of the Ohio, Weftward to the banks of the Miffifippi, and Northward to the boundary of the Hudfon's Bay company.

By the first claufe, the proclamation of October 7, 1793, is to be void after the firft of May, .1774.

By the fecond claufe, the Romish clergy are to have the exercife of their religion, fubject to the king's fupremacy, as established by the firit of Queen Elizabeth; and may enjoy and receive their accustomed

dues

dues and rights from perfons profeffing the Romish religion; with a provifo that his majefty fhall not be difabled from making fuch provifion for the fupport and maintenance of a Proteftant clergy, as he fhall think fit.

By the third claufe, all Canadian fubjects, except religious or ders and communities, are to hold all their properties, &c. as if the proclamation had not been made; and all controverfies relative to property and civil rights, are to be determined by the Canada laws now in being, or fuch as may be hereafter enacted by the governor, lieutenant-governor, and legislative council, as hereafter defcribed, with a provifo that fuch perfons who have a right to alienate goods, lands, or credits, in their life-time, may bequeath them to whom they will at their death; and alfo is not to extend to lands granted, or that may be granted by his majefty in ⚫ common foccage.

cil being promulgated at Quebec; provided likewife, that no ordinance touching religion, inflicting any greater punishment than fine, or imprisonment for three months, fhall be valid till it receives his majefty's approbation; and provided alfo, that no ordinance hall be paffed at any meeting of council, except between January 1, and May 1, unless upon fome urgent occafion, when every member of council refident at Quebec, or within fifty miles thereof, is to be perfonally fummoned by the governor, or by the lieutenant-governor, or commander in chief in his abfence, to attend the fame.

By the 6th and last clause, his majefty and fucceffors may erect any courts criminal, civil, and ecclefiaftical, within the province of Quebec, by letters patent under the great feal, whenever his majefty fhould judge neceffary.

Mad-boujes.

By the fifth claufe, after giving the reafon a legislative authority is appointed, confiiting of perfons refident there, not less than seventeen, nor more than twenty-three, to be appointed by his majefty, with the advice of his privy-council, under his or their fign manual, to make ordinances for the government of the province, with a prohibition from laying on taxes; and alfo every ordinance, &c. made, is to be tranfmitted to his majesty, and if difallowed by his majesty, every ordinance, &c. is to ceafe, upon his majesty's order in coun

THE

of mad-houfes declares, HE new act for the regulation

that if after the 20th of November, 1774, any perfon fhall conceal or confine more than one lunatic, without having a licence, fuch person fhali forfeit 500l. The royal college of phyficians are to elect yearly, on the last day of September, five of their own body as commiffioners for granting licences to the keepers of mad-houfes. Every fuch commiffioner is to take an oath that he will not, directly or indirectly, give notice to the keeper of lunatics of the time of vifitation of fuch place or houfe where they are confined. Commiffioners not at

tending,

tending, or refufing to take this oath, forfeit 51. They are to have a treasurer and fecretary, and are to meet for granting licences annually, on the third Wednesday in October. The licences are to be ftamped with a five fhilling ftamp. Every one who keeps a number of lunatics, not exceeding ten, fhall pay the fum of 10l. and thofe who keep above ten pay the fum of 151. and 6 s. 8d. on every licence as a fee to the fecretary. No licence to authorise any perfon to keep more than one houfe, and to be in force only one year. The commiffioners, or any three of them, are required, Once at least in every year, to visit and infpect fuch houfes as they have licensed, and to examine their lunatics, and make minutes of the ftate of such houses. In cafe the keeper of the lunatics refufes admittance to any of the commiffioners, he fhall, for fuch offence, forfeit his licence. On application to the commiffioners for information concerning any confined perfons, the fecretary is to fearch his books, and acquaint the perfons fo applying with the name of the keeper in whofe houfe the lunatic is confined. Every time the commiffioners vifit and infpect any licenfed houfe, they are to receive the fum of one guinea from the treasurer. The keeper is to give notice within three days after receiving a patient to the fecretary, who is to file fuch notice; and every keeper admitting a perfon as lunatic, without an order under the hand of fome phyfician or furgeon, that fuch perfon is proper to be received, fhall pay the fum of 100 1. All mad-houses above feven miles from London are to be regulated in the above manner, by the VOL. XVII.

juftices at the quarter feffions. No licence is to be granted to any perfon who does not enter into a recognizance of 100l. without fureties. Of all penalties and forfeitures recovered, one half is to go to the informer, and the other half towards defraying the expences attending the execution of this act, which is to continue in force five years, and from thence to the end of the next feffion of parlia. ment.

Abstract of the Act for preserving the Health of Prijoners in Gaol, and for Preventing the Gaol Difemper.

HIS act fets forth, That the

TH

Juftices of the Peace throughout England and Wales, at the quarter-feffions, are required toor-. der the walls and ceilings of the cells and wards of the debtors and felons, and of all rooms used by the prisoners, to be fcraped and whitewashed once in the year at leaft; to be washed, kept clean, and fupplied with fresh air by hand-ventilators, &c. to order two rooms, one for the men, the other for the women, to be fet apart for the fick prifoners, who are to be moved there when they fhall be feized with any diforder, and kept from those who fhall be in health. They are alfo to order a warm and cold bath, or bathing tub, to be pro. vided in each prifon; and to direct the prifoners to be washed be fore they are fuffered to leave the gaol. This act is to be painted upon a board, and hung up in a confpicuous part of the prifon. The justices are to appoint an expe[2]

rienced

rienced furgeon with a stated falary to attend each prifon; and he is to report to the juftices, at each quarter-feffion, a ftate of the health of the prifoners under his fuperintendance. The courts of justice are to be properly ventilated by order of the juftices; who are impowered to direct clothes to be given to the prifoners, and make fuch orders refpecting their health as they fhall think neceffary. The expences of the above are to be defrayed out of the county-rates, or out of the rates of cities to which fuch prisons belong, If any goaler, &c. difobey the orders of the justices, he, if found guilty of fuch neglect, fhall pay fuch fine as the judge or justices fhall impofe, and be committed in cafe of non-payment.

Rates.

felony or other crime, or as an acceffary, before any court holding criminal jurifdiction, within that part of Great-Britain called England and Wales, against whom no bill of indictment fhall be found by the Grand Jury, or who, on his or her trial, fha I be acquitted, or who thall be discharged by proclamation, for want of profecution, fhall be immediately fet at large in open court, without the payment of any fee or fum of money to the fheriff, gaoler, or keeper of the gaol, from whence he or the fhall be fo difcharged, and fet at liberty, for or in refpect of such discharge.

It is further enacted, That all fuch fees as have been ufually paid, or payable, to the feveral theriffs, gaolers, and keepers of prifons in England and Wales, in any of such cafes, fhall abfolutely cease: and, from and after the paffing of this act, no gaoler or keeper of any gaol or prison, shall afk, or receive, any fum or fums of money from any of the prifoners, as fees, for, upon, or in refpect of his or her difcharge.

are not

ufually affeffed to the county at large, and of fuch cities, towns corporate, cinque-ports, &c. as do not pay to the rates of the feveral counties in which they are respectively fituated, fhall, on receiving a certificate, figned by one or more judge or justice, before whom such prifoner thall have been difcharged, (which certificate the judge or juftice is required to give) pay out of the rates of fuch county, or of fuch district, hundred,

&c.