discretion of the triers, under the particular circumstances of each individual case. Thus, it is said, that if one of the jurors returned be a tenant to the sheriff; or if there be a family connection between one of the jurors and the sheriff, this may be ground of challenge to the array for favor: that is, matter to be left to the triers to decide whether it indicates such partiality as should avoid the array.-3 Bl. Com. 359.

Challenges to the polls are challenges of individual jurymen, and are either peremptory or for cause; peremptory challenges are at the mere will of the party, without any reason given.~ Co. Lit. 156. In cases of treason or felony, the prisoner by the common law might peremptorily challenge 35, but by stat. 22 H. VIII. c. 14, § 6, the number was reduced to 20, in petit treason, murder and felony; and in case of high treason and misprision of treason, it was taken away by stat. 33 H. VIII. c. 23, but revived by stat. 1 & 2 P. & M. c. 10.

*By 3 W. IV. c. 4, and 4 & 5 V. c. 24, § 16, every peremp tory challenge by any person indicted for treason or felony, beyond the number by law allowed, shall be void, and the trial may proceed as if no such challenge had been made. In cases of misdemeanor, there is no right to peremptory challenge, but it is usual for the officer to abstain from calling any reasonable number of names objected to by either party, taking care to leave enough to form a jury.-Dickenson Q. S. p. 344.)

A challenge to the polls, or of individual jurymen, is like a challenge to the array, a principal challenge, or a challenge to the favor. The grounds of principal challenge are-1. The rank of the party, as being a peer of the realm. 2. For some personal incapacity, as if a juryman be an alien or a minor. 3. On account of some palpable ground of bias, as if the juror be of the blood or kindred of either party; or under his power or influence; as tenant or servant; or of counsel with him— 4 Bl. Com. 361; or if he has declared his opinion beforehand Haw. b. 2, c. 43, § 29; or has indicted the party for the same cause-Lamb, 554; or been upon a former jury upon the same matter, though between other persons: or arbitrator unless indifferently chosen by either party; or action pending between the juror and either of the parties; or bribing a juror.—1 Inst. 157. 4. On account of some crime or misdemeanor affecting the juror's character, as a conviction of treason, felony or perjury; or if he be outlawed; or hath been attainted of false verdict; præmunire; or forgery: but it seems that none of the above cited challenges are principal ones, but only to the favor, unless the record of the outlawry, judgment or conviction, be produced, if it be a record of another court; or the term be shewn, if it be a record of the same court.-3 Bl. Cơm. 363.

As to challenges for suspicion of favor, although a juror has not given apparent marks of partiality, yet there may be suf ficient reason to suspect he may be more favorable to one side than the other, and this is his reason for a challenge to the favor. The causes of favor are infinite, and in these inducements to suspicion of favor, the question is, "whether the juryman be indifferent as he stands unsworn," for a juryman ought to be perfectly impartial to either side.-Co Lit. 157. (b).

As the challenge to the array must be before any of the jury are sworn, so challenge to the polls must be before the particular jurors are sworn.-Bull. N. P. 307. After a challenge to the array, the party may change the polls; but after a challenge to the polls there can be no challenge to the array; and he who has more than one cause of challenge against a juror, must take them all at once: but if he challenge a juror, and the cause be found insufficient, he may, nevertheless, afterwards challenge him peremptorily, for perhaps the very challenge may create a prejudice in the mind of the juror so challenged.-3 Bl. Com. 363.

A principal cause of challenge being grounded on a manifest presumption of partiality, if it be found true, it unquestionably sets aside the array without any other trial than its being made out to the satisfaction of the court before which the name is returned. But a challenge to the favor, when the partiality is not apparent, must be left to the discretion of the triers.-Co. Lit. 158. (a). If the array be challenged, it lies in the discretion of the court to determine how it shall be tried ;-sometimes it is done by two attornies; sometimes by two coroners; and sometimes by two of the jury; with this difference that if the challenge be for kindred in the sheriff, it is most fit to be tried by two of the jurors returned: if the challenge be on account of partiality-then by any other two assigned thereunto by the court.-2 Hale, 275. When a challenge is made to the array, for favor, the prosecutor may either confess it or plead to it ;-if he plead, the judges assign triers to try the array, who seldom exceed two; who being chosen and sworn, the clerk of the peace declares to them the challenge, and concludes to them thus-"and so the charge is, to inquire whether it be an impartial array or a favourable one"; and if they affirm it, the clerk enters underneath the challenge, "affirmatur"; but if the triers find it favorable, then thus-" calumnia vera," or words to that effect.

As to challenges to the polls,-if a juror be challenged before any juror be sworn, two triers are appointed by the court; and if he be found indifferent, and sworn, he and the two triers shall try the next challenge; and if he be tried, and found

indifferent, then the two first triers shall be discharged; and the two jurors tried, and found indifferent, shall try the rest. But if the prosecutor challenge ten, and the prisoner one, and the twelfth be sworn, then he that remains shall have added to him one chosen by the prosecutor, and another by the prisoner, and they three shall try the challenge; and if six be sworn, and the rest challenged, the court may assign any two of the six sworn, to try the challenges.-2 Hale, 275. The truth of the matter alleged, as cause of challenge, must be made out by witnesses to the satisfaction of the triers; also, the juror challenged, may, on a voir dire, be asked such questions as do not tend to his disgrace; but a juror may not be asked any questions as tend to discover matters of infamy or shame.-Salk. 183. Nor may a juror be asked whether he' has expressed an opinion hostile to the party challenging.—R. v. Edmonds, 4 B. & A. 471.

JUSTICES OF THE PEACE.

The Queen's Majesty is, by her office and dignity, royal, the principal conservator of the peace within all her dominions; and may give authority to any other to see the peace kept, and to punish such as break it; hence it is usually called the Queen's peace. Justices of the peace are appointed by the Queen's special commission under the great seal, which appoints them all jointly and separately to keep the peace, and any two or more of them to inquire of and determine felonies and other misdemeanors.

Qualification.

By 6 V. c. 3, § 1, it is enacted, that all justices of the peace to be appointed in the several districts of this province shall be the most sufficient persons dwelling in the said districts. § 2. No attorney, solicitor, or proctor, shall be a justice of the peace while so practising. §3. After the 1st January 1843, no person shall be a justice, or act as such, who shall not have in his actual possession, to his own use, a real estate, either in free and common soccage, or en fief, or en røture, or en franc aleu, in absolute property or for life, or by emphyteose or lease for one or more lives, or originally created for a term not less than twenty-one years, or by usufructuary possession for his life in lands, tenements, or other immovable property, lying and being in this province, of or above the value of £300 currency, over and above all incumbrances, or who shall not, before the 1st day of January 1843, or before he takes upon himself to act as a justice of the peace, take and subscribe the following oath, before some one justice of the peace for the district where he intends to act;

I, A. B. do swear, that I truly and bona fide have, to and for my own proper use and benefit, such an estate (specifying the nature of such estate, whether land, and if land, designating the same by its local description, rents, or anything else,) as doth qualify me to act as justice of the peace for the district of -, according to the true intent and meaning of an act of the provincial parliament, made in the sixth year of the reign of her Majesty Queen Victoria, and intituled, An Act for the qualification of Justices of the Peace; and that the same is lying and being (or issuing out of lands, tenements or hereditaments, Fituate) within the township, parish or seigniory of (or in the several townships, parishes, or seigniories of -) (or as the case may

be). So help me God.

A certificate of which oath having been so taken shall be forthwith deposited by the said justice, who shall have taken the same, at the office of the clerk of the peace, to be filed among the records of the sessions. § 4. Clerk shall, upon demand, deliver copies of such oath to any person on payment of one shilling, which copy shall be evidence at law. § 5. Any justice acting without taking and subscribing said oath, or without being qualified according to the act, shall for every offence forfeit £25, one moiety to her Majesty, and the other to the informer; to be recovered, with full costs, in any court of competent jurisdiction in the district, and in such action the proof of qualification shall be upon the defendant. § 6. If any defendant shall intend to insist upon any lands, tenements or real estate, not mentioned in the oath, as constituting the whole or any part of his qualification to act as a justice at the time of the alleged offence, he shall, at or before the time of pleading, deliver to the plaintiff, or his attorney, notice in writing, specifying such lands, tenements or real estate, and the township or place, and the county or counties where situate, and the plaintiff may thereupon, with leave of the court, discontinue such action, on payment of the defendant's costs. § 7. Provided that, upon trial, no other lands or real estate than such as are mentioned in such oath or notice, shall be insisted upon by the defendant. § 8. When the property mentioned in the oath or notice shall be liable to incumbrances, together with other lands, the property mentioned in the oath or notice shall be deemed liable only so far as the other lands are not sufficient to pay the same. § 9. When the qualification consists of rent, it shall be sufficient to specify so much of the property, out of which such rent is issuing, as shall be sufficient to secure such rent. § 10. In case the plaintiff shall discontinue such action, other than as aforesaid, or judgment be given against him, the defendant shall recover treble costs. § 11. After action brought and due

notice given, the court may stay proceedings in any subsequent action for any prior offence: provided such first action be prosecuted with effect. § 12. The court may require the plaintiff to declare upon oath that such action has been brought by him without fraud, and not for the purpose of protecting the defendant from any other action; and if not made to the satisfaction of the court, the action shall be dismissed with costs. § 13. False statements in any oath under this act to be treated as wilful and corrupt perjury. § 14. Actions to be commenced within six calendar months after the fact. $15. Exemptions from the act: The members of her Majesty's legislative council, executive council, judges of the King's Bench or Queen's Bench, vice chancellor, provincial judges of the inferior districts of St. Francis, Gaspe, or any district judge, her Majesty's attorney general, solicitor general, advocate general, and any Queen's counsel. § 16. Sheriffs and coroners disqualified from acting as justices pro tem. § 17. Fines and penalties, payable to her Majesty under this act, to remain at the disposal of the provincial parliament, for the use of the province.

By 9 V. c. 41, § 1, the Governor in Council is authorised to appoint justices of the peace in remote parts of the province, not being within the constituted limits of any district; and such justices need not be stated residents, nor possess any property qualification. 2. And may hold and exercise all the powers (but subject to the laws in force) regarding the office of justice of the peace. § 3. Commitments made by them to be to the nearest common gaol. § 4. And appeals against their decisions to the nearest General Quarter Sessions, at any time within six calendar months.

Form of the Commission of the Peace.

Victoria, by the grace of God, of the United Kingdom of Great Britain and Ireland, Queen, defender of the faith, &c.

To(the names of the justices being here inserted), esquires, greeting: KNOW YE, that we have assigned you, jointly and severally, and every one of you, our justices, to keep the peace in our county of —, and to keep, and cause to be kept, all ordinances and statutes for the good of the peace, and for the preservation of the same, and for the quiet rule and government of our people, made in all and singular their articles in our said county, according to the force, form and effect of the same; and to chastise and punish all persons that offend against the form of those ordinances and statutes; and to cause to come before you, or any one of you, all those who to any one or more of our people concerning their bodies, or the firing of their houses, have used threats, to find security for the peace or their good behaviour towards us and our people; and if they shall refuse to find such security, then them in our prisons, until they shall find such security, to cause to be