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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 233   View pdf image (33K)
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25 E. 3, STAT. 5, CAP. 3, CHALLENGES. 233
son should be tried for treason or misprision of treason against the State,
unless the indictment should be found within three years after the offence
committed. These Acts, however, have not been incorporated in the Code,
but the same period of limitation is contained in 7 & 8 W. 3, c. 3, s. 5. As
to treason against the United States, see Const. U. S. Art. 3, sec. 3, Act
April 30, 1790.3
2 See now Act of Congress 1909, ch. 321, (Supp. U. S. Comp. Stats.
Tit. 70, ch. 1, secs. 1-3.)
CAP. III.
No Indictor shall be put upon the Inquest of the Party indicted.
Bro. Chall. 42, 101, 120, 142, 166.
It appears from Co. Litt. 157 b- that this is a principal cause of challenge
propter affectum. And it has been adjudged a good exception, not only on
the trial of the same indictment, but also on the trial of another indict-
ment or action, wherein the matter found in such former indictment is
either directly in issue or happens to be material. It appears that the
rule was established in the reign of E. 1. By indictors were meant not
only the jurors who presented, but those who were sworn to inform them
or who, as it is termed now, preferred the indictment. To enable the de-
fendant to make these challenges it was usual to put the names of those
indictors on '•the indictment, and it was a good exception to the in- 172
dictment that it was without them. The challenge against those preferring
the indictment depended on the principle, that an accuser was a volunteer
and sort of party, and therefore not entitled to the credit of an indifferent
witness, who appeared and delivered his evidence under legal compulsion.
Later Statutes, 1 & 2 P. & M. c. 13 and 2 & 3 P. & M. c. 10, by providing
a method of compelling persons to give evidence against the party at the
jail-delivery, i. e. both on the indictment and on the trial, abolished the
distinction between an accuser and witness, and consequently took away
this challenge. But a vestige of the old law still remains in the practice
of endorsing on the indictment the names of the witnesses examined before
the grand jury; and the challenge still remains as against one of the grand
jury; see Bac. Abr. Juries, E. 5.

Item, it is accorded, That
no Indictor shall be put in
Inquests upon Deliverance of
the Indictees of Felonies or
Trespass, if he be challenged
for that same cause by him
which is so indicted.
Auxint acordc-est qe mil eu-
ditour soit mys en cuquest sur
la deliverance del eudite de
trcspas ou de felouie sil soit
chalange par tiele cause par
celui qest eudite.

 

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 233   View pdf image (33K)
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