High Court - Special and Common Jurors

Rockford · Post by **Rockford** » Fri Aug 01, 2008 1:13 pm

Hi everyone,

I have found a relation (much to my surprise!) listed in a document in the National Archives of Scotland as a 'common juror' for the County of Peebles. There is a whole list of 'Special Jurors' and 'Common Jurors' and the document seems to record those jurors listed for a particular days sitting.

Looking on the net, it seems that there was an entitlement for a 'landed person' to be tried by a jury where the majority of jurors were also 'landed' people. Is this the difference? JGG was a Railway Guard, but there is a Coalmaster listed as a Common Juror and a Baker listed as a special juror, so maybe not!

The date is December 1893 and the annoying thing is that I don't know if he was picked, as some of the cases listed weren't called.

Best wishes

Brian

Falkyrn · Post by **Falkyrn** » Sat Aug 02, 2008 10:13 am

Your guess may be right this extract is from the Juries Act of 1949 which abolished special juries

28 Abolition of special juries and special jurors

(1)No issue or question shall be tried or determined by a special jury and no person shall be cited or summoned to serve as a special juror for the trial or determination of any issue or question, and any enactment requiring the preparation of a roll of special jurors or of a special jury book or the inclusion in a jury of special jurors shall cease to have effect.

(2)The privilege to which a landed person is entitled of being tried by a jury comprising a majority of landed persons is hereby abolished.

Currie · Post by **Currie** » Sat Aug 02, 2008 10:42 am

Hello Brian,

This book “Manual of the Law of Scotland” By John Hill Burton, 1847, has an excellent chapter on how Juries were chosen.
http://books.google.com.au/books?id=xYM ... J&pg=PA345

Qualification. — ON every criminal trial there are fifteen jurymen, of whom five are special jurymen, and ten common jurymen. The former consist of those paying cess on £100 of valued rent, or house-tax levied on a rent of £30, or possessing heritable property which yields £100 a-year in rent, or personal property worth £1,000. The latter consist of persons between the ages of twenty-one and sixty, holding heritable property worth £5 yearly, or possessed of moveable property worth £200. The landed property must be within the county for which the juryman serves. He may be a mere liferenter, or may hold in right of his wife.

Hope this helps,
Alan

Rockford · Post by **Rockford** » Sun Aug 03, 2008 4:05 pm

Hi Alan and Falkryn,

Thanks for the information, it's helpful. Alan thanks also for the link to the book, as it confirms how juries were chosen, as well has the different types of jurors.

Best wishes

Brian

Montrose Budie · Post by **Montrose Budie** » Mon Aug 25, 2008 10:17 pm

As is evident 'cess' is the equivalent of the former property value based tax, - 'the rates', - the method in modern times of paying for local services up to the introduction of the poll tax, latterly the community charge.

mb