The common law courts rode circuit twice a year in five circuits
and once a year in the north circuit. So an accused person could
spend up to a year in gaol waiting for trial. Few prisoners were
granted bail. In each common law court, the law justices in banc
would hear demurrers [contentions that the other party was wrong
in the law]. No one with an interest in a suit, including the
plaintiff and the defendant, could give evidence. There was no
power to amend pleadings, so misspelling of the defendant's name,
for instance, could result in dismissal of the suit. In 1730, the
pleadings and indictments ceased to be in Latin. Compurgation
still existed for debt and detinue.
Writs of error at variance from the original record or otherwise
defective may be amended to correct the defect by the court where
such writ is returnable. No judgment is to be reversed for any
defect in any bill or writ, excepting an appeal of felony or
murder, or misdemeanor. This is to prevent delays of justice.
Justices of the Peace may correct defects of form on appeals to
them.
Plaintiffs neglecting to go to trial after an issue has been
joined may be nonsuited.
The qualification for jury service is having land with an income
over rents of at least 20 pounds, with leases for 500 years or
more, or 99 years, or any term determinable on one or more lives.
Being a freeholder is not necessary.
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