Page:Ruffhead - The Statutes at Large - vol 6.djvu/90

 23 25- Anno tertio Georgii II. A. D. 1730. Names of Per- nors impanelled to be written, and delivered to the Marfhal of the Affize, and put in a Box to be drawn, &c. Where tfie Jury have not brought in their Verdict, twelve others to be drawn. Penalty on De- fa Iters, Method in cafe In Trials of If- fues at Weft- minfier, on Mo- tion of Parties, Judges may or- der a fpecial J" r y- Perfon applying for fuch fury, to pay ihe Fees. 24 Geo. 2, c. t8. tores, ^Habeas corpora jurat orwn and Dijlringas, that (hall be iffued out and returnable for the Trial of Caufes in fuch Courts or Seffions refpectively. XI. And be it further enacted by the Authority aforefaid, That the Name of each and every Perfon who fhall be fummoned and impanelled as aforefaid, with his Addition, and the Place of his Abode, ihall be written in feveral and diltinct Pieces of Parchment or Paper, being all as near as may be, of equal Size and Bignefs, and (hall be delivered unto the Marlhal of fuch Judge of Affize or Nijt Prim, or of the faid Great Seffions, or of the Seffions for the faid Counties Palatine, who is to try the Caufes in the faid County, by the Under Sheriff of the faid County, or fome Agent of his ; and (hall by Direc- tion and Care of fuch Marfhal be rolled up all as near as may be, in the fame Manner, and put to- gether in a Box or Glafs to be provided for that Purpofe ; and when any Caufe ihall be brought en to be tried, fome indifferent Perfon, by Direction of the Court, may and (hall in open Court draw out twelve of the faid Parchments or Papers one after another ; and if any of the Perfons whofe Names fhall be fo drawn, (hall not appear, or be challenged and let afide, then fuch further Number, until twelve Perfons be drawn who lhall appear, and after all Caufes of Challenge fhall be allowed as fair and indifferent ; and the faid twelve Perfons fo firft drawn and appearing, and approved as indifferent, their Names being marked in the Panel, and they being fworn, (hall be the Jury to try the faid Caufe ; and the Names or the Perfons fo drawn and fworn ihall be kept apart by themfelves in fome other. Box or Glafs to be kept for that Purpofe, till fuch Jury fhall have given in their Verdict, and the fame is recorded, or until the Jury ihall, by Confent of the Parties or Leave of the Court, be difcharg- ed ; and then the fame Names ihall be rolled up again and returned to the former Box or Glafs, there to be kept with the other Names remaining at that Time undrawn, and fo toties quoties, as long as any Caufe remains then to be tried. XII. Provided always, That if any Caufe fhall be brought on to be tried in any of the faid Courts re- fpectively, before the Jury in any other Caufe ihall have brought in their Verdict, or be difcharged, it ihall and may be lawful for the Court to order twelve of the Refidue of the faid Parchments or Papers, not containing the Names of any of the Jurors who ihall not hav.e fo brought in their Verdict, or be dilcharged, to b; drawn in fuch Manner as is aforefaid, for the Trial of the Caufe which ihall be fo brought on to be tried. XIII. And be it further enacted, That every Perfon or Perfons, whofe Name or Names ihall be fo drawn as aforefaid, and who fhall not appear after being openly called three Times, upon Oath made by fome credible Perfon that fuch Perfon fo making Default had been lawfully fummoned, (hall forfeit and pay for every Default in not appearing upon Call as afoiefaid (unlefs fome reafonable Caufe of his Ab- sence be proved by Oath or Affidavit, to the Satisfaction of the Judge, who fits to try the faid Caufe) fuch Fine or Fines not exceeding the Sum of five Pounds, and not lefs than forty Shillings, as the faid Judge fhall think reafonable to inflict: or affefs for fuch Default. XIV. Provided always, That where a View mall be allowed in any Caufe, that in fuch Cafe fix of the Jurors named in fuch Panel, or more, who ihall be mutually confented to by the Parties or their Agents on both Sides, or if they cannot agree, fhall be named by the proper Officer of the refpec- tive Courts of King's Bench, Common Pleas, Exchequer at- Weflminfl'erj or .the Grand Seflion in Wales, and the faid Counties Palatine, for the Caufes in their refpedhve Courts, or if need be, by a Judge of the refpective Courts where the Caufe is depending, or by the Judge or Judges, before whom the Caufe ihall be brought on to Trial refpectively, (hail have the View, and (hall be firft fworn, or fuch of them as appear, upon the Jury to try the faid Caufe, before any Di awing as aforefaid, and fo many only fhall be drawn to be added to the Viewers who appear, as ihall after all De- faulters and Challenges allowed, make up the Number of twelve to be fworn for the Trial of fuch Caufe. ' XV. And whereas fome Doubt hath been conceived touching the Power of his Majefty's Courts of ' Law at JVejlmlnfter, to appoint Juries to be (truck before the Clerk of the Crown, Matter of the Of- ' rice, Proth'onofaries, or other proper Officer of fuch refpective Courts, for the Trial of Iffues depend- ' ing in the faid Courts, without the Confent of the Profecutor or Parties concerned in the Profecution ed and enacted by the Authority aforefaid, That it fhall and may be lawful to and for his Majefty's Courts of King's Bench, Common Pleas and Exchequer at Wejlminfter refpectively, upon Motion made on Behalf of his Majefty, his Heirs or Succeffors, or on the Motion of any Profecutor or De- fendant in any Indictment or Information for any Misdemeanor, or Information in the Nature of a £hio Warranto, depending or to be brought or profecuted in the faid Court of King's Bench, or in any Information depending or to be brought or profecuted in the faid Court of Exchequer, or on the Motion of any Plaint ft or Plaintiffs, Defendant or Defendants in any Action, Caufe or Suit what- foever, depending or to be brought and carried on in the faid Courts of King's Bench, Common Pleas and Exchequer, or in any of them, and the faid Courts are hereby refpectively authorized and required, upon Motion as aforefaid, in any of the Cafes before-mentioned, to order and appoint a Jury'to be (truck before the proper .Officer of each refpective Court, for the Trhl of any Iffte joined in any of the faid Cafes, and triable by a Jury of twelve Men, in fuch Manner as fpecial Juries have been, and are ufually ftruck in fuch Courts refpectively, upon Trials at Bar had in the faid Courts, which faid Jury fo ftruck as aforefaid, ihall be the Jury returned for the Trial of the laid Iffue. XVI. And it is hereby further enacted, That the Pe-fon or Party who ihall apply for fuch Jury to be ftruck as aforefaid ', fhall bear and pay the Fees for the ftriking fuch Jury, and fhall not have any Allow- ar.c: foi the fame, upon Taxation of Cofts. XVII. Provided
 * f View.
 * or Suit then depending, unlefs fuch Iffues are to be tried, at the B_ar of' the fame Courts : ' Be it declar-