London in 1731 by Don Manoel Gonzales
page 79 of 146 (54%)
page 79 of 146 (54%)
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summoned who live out of the liberty.
8. The courts of wardmote are held by the aldermen of each ward, for choosing ward-officers, and settling the affairs of the ward, the Lord Mayor annually issuing his precept to the aldermen to hold his wardmote on St. Thomas's Day for the election of common councilmen and other officers; they also present such offences and nuisances at certain times to the Lord Mayor and common councilmen as require redress. 9. Small offences are punished by the justices in or out of sessions, by whom the offender is sentenced to be whipped, imprisoned, or kept to hard labour; but for the trial of capital offences, a commission of Oyer and Terminer and jail delivery issues eight times every year, i.e., before and after every term, directed to the Lord Mayor, Recorder, some of the twelve judges, and others whom the Crown is pleased to assign. These commissioners sit at Justice Hall in the Old Bailey, and bills of indictment having been found by the grand juries of London or Middlesex, containing the prisoner's accusation, a petty jury, consisting of twelve substantial citizens is empanelled for the trial of each of them; for, as to the grand jury, they only consider whether there is such a probability of the prisoner's guilt as to put him upon making his defence, and this is determined by a majority of the grand jury: but the petty jury, who pass upon the prisoner's life and death, must all agree in their verdict, or he cannot be convicted. But though the petty jury judge of the fact, i.e., what the crime is, or whether it was committed by the prisoner or not, the commissioners or judges declare what are the punishments appropriated to the several species of crimes, and pronounce judgment accordingly on the |
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