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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 485   View pdf image (33K)
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37 H. 8, CAP. 8, INDICTMENTS. 485
In the case of Jenkins v. Purcel, 1 Sir. 707, the defendant's counsel,
finding a mistake in the record while the jury were being sworn, said they
would make no defence. To avoid a nonsuit and save the costs, the plain-
tiff's counsel refused to pray a tales, and though twelve had been sworn,
yet there having been no actual prayer of a tales, the cause was suffered
to remain for want of jurors.
By sec. 11 of Art. 50 1 of the Code, the several Courts of the State are
authorized to summon tales-men where, without such tales-men, there
•would not be twenty of the original panel, exclusive of the jury charged,
from whom a jury can be formed. By the Act of 1867, ch. 329,2 tales-men
are permitted to be drawn from the list of jurymen provided for by the
Act, or from the community at large. And in Baltimore City, provision is
made by the Act of 1868, ch. 175,3 for the summoning of tales-men from
those entered in the jury-book, or from any of the jurymen in attendance
on other Courts.
This provision is like that of 7 & 8 W. 3, c. 32, s. 3, which directed the
sheriff to return such freeholders, &c., to serve on the tales, as should be
be returned upon some other panel and then attending the Court; upon
which it was held that tales-men could only be taken from the panel of
the jury summoned to try the other cause, and not from the bystanders,
Tidd Prac. 858.
1 Code 1911, Art. 51, sec. 15.
2 Code 1911, Art. 51, sec. 9.
3 See now Balto. City Code, sec. 610.
STATUTES
Made at WESTMINSTER. Anno 37 HEN. VIII. and A. D. 3545.
CAP. VIII.
The Act whereby any Indictment lacking these Words, Vi & Armis,
shall be good.
Where before this time it was, and yet is commonly used in
all Indictments and Inquisitions of Treason, Murder, Felony,
Trespass, and divers other, to have comprised and put in every
the same Indictments and Inquisitions these Words, Vi &
Armis, and in divers of the same Indictments, to declare the
manner of the Force and Arms; that is to say, Vi & armis,
videlicet, baculis, cultellis, arcubus, & sagittis. or such other

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 485   View pdf image (33K)
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