Page:Ruffhead - The Statutes at Large - vol 3.djvu/687

 A. D. 1696. Anno feptimo 6c 0(5tavo Gu LIE LMi Ilf. C. 32. 631 the hd Iffue at any other Affizes, fliall fue forih and profecute a new Writ of Venire facias direJlcxl to the Sheriff in this Form : ' quilibet habeat decern librat' terrae tenemcntor' vol reddituum per annum ad minus, per quos, he. Writ. ' lit qui nee, &c.' And the R.efidue of the faid Writ fliall be after the ancient Mannrr ; which Writ being duly returned Dcf.-nJnnt trying and iiled, a Writ of Habeas Corpora, or Dlftringas, with a Nifi prius, fliall illue thereupon (for which the any liTnc jf)ini:<i ancient and accuftomed Fees fhall be taken, and no more, as in the Cafe oi the. Plurles habeas Corpora, '^"'"^^'"■"'■'"^'i or Dijlrhigas, with a Niftprius) upon which the Plaintiff or Demandant fliall and may proceed to 1 rial, f"c'"3nr'r^r"' as if no former Writ of Venire facias had been profecuted or filed in that Caufe, and fo toties quoties as the ckc the lmif C.;fe Ihall require : And if any Defendant or Tenant, in any Aftion depending in any of the faid Courts, H^i.' corp' or fhall be minded to bring to Trial any Iffue joined againft him, when by the Courfe in any of the faid Diftringa!. Courts he may lawfully do the fame by Provifo, fuch Defendant or Tenant fhall or may, of the iffuable Term next preceding fuch intended Trial, to be had at the next Affizes, fue out a new Venire facias to the Sheriff, in Form aforefaid, by Provifo, and profecute the fame by Writ of Habeas Corpora, or Dijhingas, v/ith a Nifiprius, as though there had not been any former Venire facias fued out or returned in that Caufe, and fo toiics quoties as the Matter fliall require. II. And be it alfo enafted and declared by the Authority aforefaid. That every Writ of Venire facias, and Writs of Ven' every Writ of Habeas Corpora, or Dijiringas, with z^Nift prius, fued out and profecuted, according to the *ac'&c. witha Purport and DireiSlion of this Aft, and all Trials, Entries, and Proceedings thereupon, fhall be good and fu^d o^t^an/" warrantable by Law, and not be erroneous, or be affigned or affignable for Error ; any former Law or Ufage fecuted, tobc™' to the contrary thereof in any wife notwithflanding. good in Law. ' III. And forafmuch as very frequently unfit Perfons are named by Sheriffs or their Under Sheriffs to ^^ ^^.^ ^ ' ferve as Jurors upon the Tales, where a Tales may be prayed or demanded, by Virtue of the Statute in Hab'corp''&c. ' that Cafe provided:' Be it further enacted by the Authority aforefaid. That in every Writ of i7fl/^^«.f on Default of a Corpora, or Difiringas, with a Wfi prius, where a full Jury fhall not appear before the Juftices of Affize or fufficient Num- Nifi prius, or elfe after Appearance, where by Challenge of either of the Parties the Jury is like to remain berof Jurors, untaken for Default of Jurors, the Sheriff or other Mi nifter or Minifters, to whom it fliall appertain to "^j^^^^" ''^^2 return the Tales-men, fhall, upon the awarding the Tales, at the Command of fuch Juftice or Judge oi ^^^^^ • 35 • • Affize, return Freeholders or Copyholders of the County where the Caufe is to be tried, who fhall be returned upon fome other Panel to ferve at the fame Affizes, and fhall be then attending the Court where fuch Trial is to be had, to ferve upon fuch Tales, and not any others, if fo many out of the other Panels be prefent in Court, or can there be found; and that either of the Parties, Plaintiff or Defendant, Deman- Plaintiff or De- dant or Tenant, fhall and may have his Challenge to the Jurors fo named, added, and annexed to the f'^n'Jant m»y faid former Panel, by the Sheriff or other Minifter or Minifters aforefaid, in fuch wife, as if they had been Turi'rs"^a^s ^f'^*' impanelled upon the Venire facias awarded to try the Iffue; and that the faid Juftices and Judge of Affize impanelfeVon fhall and may proceed to the Trial of every fuch Iffue, with thofe Perfons who were before impanelled the Ven' fac' and returned, with thefe Tales-men fo newly added and annexed to the faid former Panel by virtue of this jujg^ ^^ p,g_ A£t, in fuch cafe as he or they might and ought to have done, if all the faid Jurors returned upon the Writ cccd to Trial. of Venire facias awarded to try the faid Iffue had appeared to try the fame; and that all and every fucli Trial had after the four and twentieth Day of June one thoufand fix hundred ninety-fix, fhall be good and effeftual in the Law, to all Intents, ConftrucStions, and Purpofes whatfoever : And in cafe any fuch Freeholder, &c. Freeholder, or Copyholder, as the faid Sheriff, or Minifter or Minifters fliall return upon the Tales, as not appearing, is aforefaid, being prefent at fuch Return made, fhall be called, and not appear, or after his or their Ap- to be fined. pearance, fhall wilfully withdraw himfelf from the faid Service, then in fuch Cafe the Juftices or Judge of Affize who fhall award fuch Tales, fhall and may fet a Fine upon every fuch Perfon making Default, or wilfully withdrawing himfelf. ,, , . . , r t, r ,r , , IV. And that all Sheriffs of Counties may be the better informed of Perfons qualified, who are to be Conffables, &c. returned for Trials of IfTues joined in the Courts of Chancery, King's Bench, Common Pleas, or Exchequer, 'ogive in aLiii or to ferve upon Juries at Affizes, Seffions of Oyer and Terminer, General Gaol Delivery, and Seffions of "J^^^"*^""^ ^'P the Peace : Be it further enaded by the Authority aforefaid. That all Conftables, Tythingmen, and vWth their Places Headboroughs of Towns in each Courtty, or their Deputies, or fome or one of them,_ fhall yearly, at the of Abode, and General Quarter- Seffions of the Peace to be holden for each County, Riding, or Divifion, or any Part Titles. thereof, in the Week after the Feaft of Saint Michael the Archangel, upon the firft Day of the faid Seffions, Duplicate to be or upon the firft Day that the faid Seffion fhall be held by Adjournment at any other particular Divifion or s^erTfRlnd In* Place, return and give a true Lift in Writing of the Names and Places of Abode of all Perfons within the tred'by^theCkik refpeiSive Places, for which they ferve, qualified to ferve upon fuch Juries, with their Titles and Addi- of the Peace. tions ijetween the Age of one and twenty Years and the Age of feventy Years, to the Juftices of the Peace No Sh-riff to, in open Court; which faid Juftices, or any two of them, at the faid Seffions, in the refpecllve Counties, >™pancl Perfon. ■RldintrQ orDivifions, fhall caufe to be delivered a Duplicate of the aforefaid returned Lift, by the Clerks ^JTil^" J . 6i ,. /-^ .__ .„r>:j: ^_ »!._ CI :£C. .-V,^:- T> = „,, <-.■,,„ „„ „,. K„f „ .U„ C„/i TA_— _r "am i^iits. ty on Con- 1 negleft- ained and lions; ana no oucnu niaix ....h""-- "- ;- "•*/ "■--'- --; " "i ~"' r'n "-- j--.— "U""', enforced by 8 a of the faid Courts, or to-be or ferve in any Jury at the Affizes, Seffions of Dyer and Ter?niner, Gaol -^y /j^'r Delivery, or Seffions of the Peace, that fhall not be named or mentioned in the faid Lift ; and any Con- Farther" Provi'fi- ftable Tvthingman, or Headborough, failing at any Time to make the Return aforefaid, ihall forfeit ons relating here- and 'o> 3 *= 4 Anna, i8, ^. i.
 * Qiiod de novo venire facias coram, he. duodecim liberos & legales homines de vicincto de A. quorum pg^m of tbe