Page:Ruffhead - The Statutes at Large - vol 2.djvu/616

 $66 C. 25. Anno quinto Reginae Elizabeths. A. D. 1562. puty or Deputies, upon Requeft made by the Party Plaintiff or Demandant, fhall have full Authority by Virtue of this Act to command the Sheriff, or other Miniiter or Minifters to whom the making o'f the faid Return fhall appertain, to name and appoint, as often as Need {hall require, fo many of fuch other able Perfons of the faid Counties, then prefent at' the faid Great-Seffions, as fhall make up a full Jury : Which Perfons fo to be named and impanelled by fuch Sheriffs, or other Miniiter or Minifters, fhall be the Tutors newly ^^ to the former Panel, and their Names annexed to the fame : (2) And that every of the Parties fhall or named. ' >■' ma y nav< : his or their Challenge to the Jurors fo named, added and annexed to the faid former Panel, by the faid Sheriff or other Minifter or Minifters, in fuch wife as if they had been impanelled upon the Venire facias awarded to try the faid Iffue : (3) And that the faid Juftices, and every of them, and their Deputy or Deputies, fhall and may proceed to the Trial of every fuch Iffue with thole Perfons that were before im- panelled and returned, and with thofe newly added and annexed to the faid former Panel by Virtue of this Act, in fuch wife as they might or ought to have done, if all the faid Jurors had been returne'' upon the Writ of Venire facias awarded to try the faid Iffue : (4) And that all and every fuch Trial had, fhall be as good and effectual in the Law, to all Intents, Conftructions and Purpofes, as if fuch Ti id had been had and tried by twelve of the Jurors impanelled and returned, upon the Writ at Venire facias awarded to try fuch A juror newly Iflue : (5) And in cafe fuch Perfons as the faid Sheriff, Minifter or Minifters, fhall name and appoint, as impanelled doth is aforefaid, or any of them, after they fhall be called, be prefent and do not appear, or after his or their wit raw um- Appearance do wilfully withdraw him or themfelves from the Prefence of the Court, That then fuch Juftices or their Deputies, fhall and may fet fuch Fine upon every fuch Juror making Default, or wilfully with- drawing himfelf as aforefaid, as they fhall think good by their Difcretions ; (6) the faid Fine to be levied in fuch Manner arid Form as Iffues forfeited and loft by Jurors for Default of their Appearance, as is provided by the Law and Cuftom of the faid Countries of Wales, and Counties Palatines aforefaid, where fuch Iffues are forfeited. The firfi Jurors W And be it further enacted by the Authority aforefaid, That where any Jury, that fhall be returned fhiil'lofe'their ' ^V t ' le Sheriff or other Minifter or Minifters, fhall be made full by the Commandment of the faid Juftices Iffues, or their Deputies, by Virtue of this prefent Act, that yet neverthelefs fuch Perfons a; were returned in the faid Panel by the Sheriff or other Minifter or Minifters, to try any fuch Iffue, that fhall not appear, but make Default, fhall lofe the Iffues upon them returned, in fuch wife as though the fame Jury had remained for Default of Jurors. •Uponareafon- IV. Provided always, and be it further enacted,. That upon a reafonable Excufe for the Default of Ap- lble ftTuf' It P earance °f any Juror or Jurors, fufficiently proved before the Juftices of the Great Sefiions, or their De- charged of iffues P ut i es > > n the Countries and Counties Palatines aforefaid, at the Day of their Appearance, by the Oaths of ' two lawful and honeft Witneffes, that the fame Juftices fhall have Authority by their Difcretions to difcharge every fuch Juror of every fuch Forfeiture of Iffues upon him returned 5 (2 ' and that the faid Sheriff or She- riffs, cr other Minifter or Minifters, having Commandment by the faid Juftices to omit the returning of fuch Iffues, as is aforefaid, upon fuch Juror or Jurors, fhall be therein difcharged of the Penalties afore- faid for the non-returning of the faid Iffues, and that yet notwithftanding the faid Return to be good and ef- fectual in the Law ; any Law, Ufage, Ordinance or Cuftcm to the contrary notwithftanding. ■If the Juftices V. Provided alfo, and be it enacted by the Authority aforefaid, That if the faid Juftices or their Depu- come not, the ti Sj afore whom any fuch Jury mould appear in the Shires or Counties Palatines where fuch Iffue is to be jury ihail be dif- tried, j not corne a t the Day and Place appointed, That then every one of the fame Jurors fhall be dif- iffuciT ° t ur charged for forfeiting of any Iffues 'upon him returned in the fame Writ : (2) And the Sheriff, or other Minifter or Minifters, fhall be likewiie difcharged of the Penalties of this Eftatute, for the non-returning of fuch Iffues as are before limited in this Act; any Article or Sentence herein contained to the contrary notwithftanding. The Sheriffs VI. And alfo be it further enacted by the Authority aforefaid, That if upon any fuch Writ of Habeas Forfeiture for corpora or Difiringas, Iffues be returned upon any Hundredors, Juror or Jurors, by the Sheriff's, or other ?eu ona Tu~- Snifter or Minifters to whom the Execution of the fame Writ or Writs fhall appertain, whereas the fame ror not warned. Hundredors and Jurors fhal] not be lawfully fummoned, warned or diftrained in that Behalf, That then every fuch Sheriff, or other Minifter or Minifters aforefaid, fhall lofe for every fuch Offence fo committed double fomuch as the faid Iffues -returned upon fuch Hundredors*6f Jurors not lawfully fummoned, warned Who (hall have or diftrained, fhall arrount unto : (2) The Moiety of all which forfeitures contained in this prefent Act, the Forfeitures, t ner rnan t fo e Iffues to be returned upon the Jurors, as is aforefaid, fhall be to the Queen our Sovereign Means tTiefihall Lady, her Heirs and Succeffors, and the other Half to him that will fue for the fame by Action of Debt, Bill, b= recovered. Plaint or Information, in the Queen- her Grace's great Court within the faid County where fuch Forfeiture fhall happen to be, before the faid Juftices, his : or their Deputy or Deputies ; in which no Wager of Law, Effoin or Protection- fhall be allowed ne admitted : (?) Saving to all Manner of Perfons, and Bodies Poli- tick and Corporate, their Heirs and Succeffors, having lawful Right, Title and Intereft, to have fuch If- fues, to be before any fuch Juftices or their Deputies at any Time or Times hereafter loft and forfeited, all fuch P-ig'ht, Title and Intereft as they or any of them fhould or ought to have had to fuch Iffues to be loft and forfeited, as though this Act had never been had or made. Returning of In- VII. Provided alfo, That this Act, nor any Thing therein contained, fhall not extend to any City or quells in Cities Town Corporate, or to any Sheriff, Minifter or Minifters in the fame, for the Return of any In qu eft or 2nd TowniCor- p ane ] tg, be made and returned of Perfons inhabiting in the (aid Cites or Towns Corporate, but that they F ° rate ' and every of them fhall and may return fuch Perfons in every fuch Inqueft or Panel, as before this Time Farther Prmn- t^ey anight and have been accuftomed to do, and as if this Act had never been had or made, fo that the fame /« w™"' 1 TiV Sheriffj Minifter or iv. inifters, return upon fuch Perform as fhall be impanelled, fuch like and reafonable c. p.* '27 El. C Iffues as they ought to return; any Thing in the fame contained to the contrary notwithftanding. 2 & 3 6. 4(f. sf/w.Ed. 6. c 32. «. 24, 7 tjf SIP. 3, e. 32, 3 <s? CfAi.n. c. IS. 3 Geo, 2. c, 25. 4 Geo. 2, f. 7. 6 Geo. 2. c. 37. 24.05. 2, c, 18. ar.d 29 Geo. 2. .'.19. C A I.