is allowed to plead over "not guilty" to the felony.—4 Bl. C. 338.

On pleading this plea the prisoner, if in irons, is entitled to have them removed in order that he may suffer no unnecessary pain or restraint on his trial.-1 Chit. Cr. L. 471.

The general issue makes it incumbent upon the prosecutor to prove every fact and circumstance constituting the offence as stated in the indictment or information. On the other hand, the defendant may give in evidence under this plea not only every thing which negatives the allegation in the indictment, but also all matter of excuse and justification.— Arch. 87.

CHAPTER XXVI.

OF TRIAL AND CONVICTION.

Trial is the decision of the matter of fact brought into issue upon the plea of the defendant.

1. Trial by Peers.

This is the method of trial used in the court of parliament, or of the lord high steward, when a peer is indicted for felony. (For this, vide sup. Chap. XVII.) The course of proceeding upon it, is similar to that on trial by jury, except that there can be no special verdict, and that the peers need not all agree in their verdict, the decision of the greater number (consisting of twelve at least) being conclusive.-4 Bl. C. 348.

2. Trial by Jury.

This is also called trial by the country.-Ibid. 349. When the defendant upon an indictment or information has pleaded not guilty, the trial is by twelve jurors of the county where the fact is alleged in the indictment or information to have been committed, called a petit (or petty) jury, by way of distinction from the grand jury.-(As to which, vide sup. p. 253.)

By 6 Geo. 4, c. 50, s. 1, every man between the ages of twenty-one and sixty, residing in any county in England, who shall have in his own name, or in trust for him, within the same county, 107. by the year above reprises, in lands or tenements, whether of freehold, copyhold, or customary tenure, or of ancient demesne, or in rents issuing out of such lands, &c., or in such lands, &c., and rents taken together, in fee simple, fee tail, or for the life of himself or another, or who shall have within the same county 201

by the year above reprises, in lands, &c. held by lease for twenty-one years or longer, or for any term of years determinable on any life or lives, or who, being a householder, shall be rated to the poor rate or to the inhabited house duty, in the county of Middlesex on a value of 30%, or in any other county 201., or who shall occupy a house containing fifteen windows, shall be qualified and liable to serve on juries, for the trial of all issues joined in any of the king's courts of record at Westminster, and in the superior courts, both civil and criminal, of the counties palatine, and in all courts of assize, nisi prius, oyer and terminer, and gaol delivery; such issues being respectively triable in the county, in which every man so qualified respectively shall reside; and on grand juries in courts of sessions of the peace, and on petty juries for the trial of all issues joined therein and triable in the county, &c. in which every man so qualified respectively shall reside.

By sect. 2, peers, judges of the king's courts of record at Westminster, clergymen in holy orders, priests of the Roman Catholic faith having taken the oaths, &c., persons teaching or preaching in congregations of Protestant dissenters duly registered, &c., serjeants and barristers at law actually practising, members of the society of doctors of law, and advocates of the civil law, actually practising, attornies, solicitors, and proctors, duly admitted, actually practising and having duly taken out their certificates, officers of courts actually exercising their offices, coroners, gaolers, and keepers of houses of correction, members and licentiates of the college of physicians actually practising, surgeons being members of the colleges of London, Edinburgh, or Dublin, and actually practising, and certificated apothecaries actually practising, officers in the navy or army on full pay, licensed pilots, household servants of the king, officers of customs and excise, sheriffs' officers, high constables, and parish clerks, are exempt from serving.

And by sect 3, no man not being a natural born subject of the king (except on trials of aliens, where a jury de medietate is demanded, (vide post, 301,)) and no man attainted of treason or felony, or convicted of any infamous

crime, unless he has obtained a free pardon, nor any man under outlawry or excommunication, shall be qualified.

By s. 50 it is provided that the qualifications above stated shall not apply to London or other cities, boroughs, &c.; and as to London, some separate provisions are made.

In the case of indictment in the King's Bench, or an information, a jury (of persons qualified as above-mentioned,) is impannelled by writ of venire facias to the sheriff as in civil cases; and if it be for misdemeanor, the trial is at a court of nisi prius; but an indictment for felony, if in the King's Bench, is always tried at bar; and so is a misdemeanor, if the case be of great difficulty or importance.-4 Bl. C. 351, 309, n. (14) by Ryland.

On an information ex officio the attorney general is entitled to a trial at bar if he prefers it.-1 Chitty, Cr. Law, 848.

Upon an indictment found at the assizes or any other court of oyer and terminer and gaol delivery, a jury of persons qualified as aforesaid, is impannelled for trial before the court where the indictment is so found and the prisoner arraigned.--Ibid.

With respect to the mode of proceeding for impannelling juries in such courts, see the provisions of 6 Geo. 4, c. 50, s. 4 to s. 25.

In important cases of misdemeanor it frequently happens that the trial is (on the application of one of the parties) by a special jury, instead of a jury of the ordinary kind.1 Chitty, Cr. Law, 522.

For the mode of chusing a special jury, see 6 Geo. 4, c. 50, s. 31, 32.

A special jury can be had in any criminal case except felony. See the same stat. s. 30.

But it can be obtained only when the prosecution is in the King's Bench; not when it is at the assizes, &c.

It may be obtained whether the prosecution is by indictment in the King's Bench, or by information.

On an information ex officio the attorney general usually prefers a special jury.-1 Chitty, Cr. Law, 848.

As to the time of trial, it is provided by 60 Geo. III. and 1 Geo. IV. c. 4, s. 3, that persons prosecuted for any misdemeanor by indictment at any session of the peace, session of oyer and terminer, or session of gaol delivery, having been committed or held to bail to answer for such offence twenty days before the session at which the indictment is found, shall plead to such indictment, and trial shall proceed thereon at such session, unless a certiorari to remove the indictment is delivered at such session before the jury are sworn.

By sect. 5, persons so prosecuted, not having been committed or held to bail twenty days before the session at which the indictment is found, but having been committed or held to bail to answer for such offence at some subsequent session, or having received notice of the indictment being found twenty days before such subsequent session, shall plead to such indictment at such subsequent session, and trial shall proceed thereon at such same session, unless a certiorari to remove the indictment is delivered at such session before the jury are sworn.

In informations ex officio the attorney general brings the case on to trial at what time he thinks proper, though the court will interfere after twelve months have elapsed since a plea of not guilty, and allow the defendant to bring on the trial, unless a nolle prosequi shall have been entered.— 1 Chitty, Cr. Law. 847, sup. p. 271.

In informations filed by the master of the crown office, and on indictments in the King's Bench, either of the parties may upon due notice to the other, proceed to trial at the next sittings, &c. after the indictment has been traversed.1 Chitty, Cr. Law, 488.

On informations filed by the master of the crown office the prosecutor must proceed to trial within a year after issue joined, or enter a nolle prosequi, at peril of costs.Ibid. 650.

In felonies the trial is at the same assizes at which the indictment is found, and generally on the day of the arraignment.-Ibid. 483.