Page:Ruffhead - The Statutes at Large - vol 7.djvu/347

 A. D. 1751. Anno vicefin-io quarto GsoRGir II. C, 18. 327 CAP. XVIII. An A61 for the better Regulation of. Trials by Jury ; and for enlarging the Time for Trials by Nifi Prhis in the County of Middkfex. WHER'E AS by an A& made In the" third Year of the Reign^of his prefent Majefly, intituled, 3 Geo. 2. c. 25. An A/^ for the better Reguhtim of 'Juries it is amongft other Things enacted. That the Perfon or Party who {liall apply for a Special jury to be firuck in the manner therein mentioned, fliall bear and pay the Fees for the Striking fuch Jury, and fliall not have any Allowance for the fame upon Taxation of Coils : And whereas the faid Claufe doth extend only to the Fees paid for firiking fuch Special Jury ; by reafon whereof Special Juries have frequently been applied for in fmall and trivial Caufes, in order to burden the other Party with the Expence thereof; which Practice has been found to be very in- convenient and oppreffive : And whereas one other Ac!: was made in the fixth Year of the Reign of his *" '^'^°' ^' ^' 37» prefent Majefty, intituled. An ASl for Jnaidng perpetual the feueral yl£ii therein tiientiop.eel., for the better Regulation of juries ■„ and for impoiuering the jiijlices of Sejfion or AJJizesfor the Counties Pdkitine of Ct&er, Lancafter «W Durham, to appoint a Special fury in manner therein mentioned ;. and for continuing the Act for regulating the Manufa^ure of Cloth in the Weft Riding of the County of York [except a Claufe therein, contained) and for continuing an Ail for the 'more effe^ual pitniftsing u icked and evil-difpofcd Perfons goi?ig armed in Difguije, and for other Purpofes therein mentioned, and to prevent the cutting or breaking down the Bank of any River, or any Sea Bank ; ami to prevent the malicious cutting of Hop-binds ; and for contimii^ig an A£i made in the thirteenth and fourteenth Years of the Reign of King Charles the Second, for preventing Theft and Rapine upon the Northern Borders of England ; and for reviving and contimdng certain Claufes in ' two other ABs jnadc for the fame Purpofe ; whereby it is amongft other Things enafted. That the faid A£t for the better Regulation of Juries, fhoyld be, and was thereby maJe perpetual ; and it was there- by alfo enacted. That the Juftices of the Seffion or Affixes for the Counties Palatine of Chefter, Lancafler and Durham, fnould and might, upon Motion, order and appoint a Jury to be firuck before the proper Officer of each Court refpeftively, for the Trial of any IfTue in any of the Cafes, and in fuch manner as arc therein mentioned ;' For Remedy thereof be it enadted by the King's moft Excellent Majefly, by and with the Advice and Confent of tlie Lords Spiritual and Temporal, and Comrrions, in this pr?fent Parliament afi'cmbled, and by the Authority of the fam.e, That from and after the firft Day of iii7/?^r P^'fons =PP-'y'ng Term, which Ihall be in the Year of our Lord one thoufand feven hundred and fifty-one, the Perfon or '^? ■i'" J|'" Party who faall by virtue of either of the faid A£ls apply for fuch Special Jiiry, fball not only bear and E.-tpenc«^of ° pay the Fees for firiking fuch Jury, but fliall alfo pay and difchargs all the Expcnces occalioned by the .iriking the Trial of the Caufe by fuch Special Jury, and- fhall not have any further or other Allowance for the fame, '•m-e, and the upon Taxation of Cofls, than, fuch Perfon or Party would be intitled unto in cafe the Cauie had been ^''"S" °"^- tried b-y a Common Jury, unlefs the Judge before whom the Caufe is tried fliall immediately after the ^°j^j l.^ * Trial, certify in open Court under his Hand upon the Back of the Record, that the fame was a Caufe proper to be tried by a Special Jury. ' IL And whereas Complaints are frequently made of the great and extravagant Fees paid to Jurymen ' returned under the'Authority of the faid recited A£ls ;' Be it enafted by the Authority aforefaid. That no Perfon who fliall after the faid nrfl Day oi E after Term, ferve upon any Jury appointed or returned by Fees allowed to Authority of any of the faid Acts, fhall be allowed or take for ferving on any fuch Jury more than the J^'rymen. Sura of Mone}- which the Judge who tries the Iffue or Iflues fliall think jull and reafonable, not exceed- ing the Suin of one Pound one Shilling, except in Caufes wherein a View hath been or fhall be di- ledted. ' in. And whereas by an Aft pafied in the fourth Year of the Reign of her late Majefly Queen ^«h^, 4Ann. c. iS, ' (intituled, An Aii for the Amendment of the Law, and the better Advancement of Jiif ice) it is enaited, ' That from and after the firfl Day of Trinity Term one thoufand feven hundred and fix, every Venire ' facias for the Trial of any Iflue, in any Aftion or Suit in any of her Majefly's Courts of Record at ' IVeftminfer, fhall be awarded of the Body of the proper County where fuch IfTue is triable ; but i^ tjie ' faid Aft there is contained a Provifo, that the fame llial! not extend to any Aftion or Information upon ' any penal Statute ; which Provifo has, by Experience, been found inconvenient, by reafon of Chal- ' lenges to the Arrays of Panels of Jurors, and to the Polls for Default of Plundredors ;' Therefore, 'iQx'^^'amha.^^fat Prevention thereof for the future, be it enafted, That from and after the faid firfl Day of Eafler Term, 5^;,.^'" 0^°* ^" every Venire facias for the Trial of any IfTue, in any Aftion or Information upon any penal Statute, in na'i'st.it'utVto''bs any of his Majefly's Courts of Record at TVcflminfler^ in the Counties Palatine of Lancafler, Chejler and awarded of the Dnrha?n and the Principality of IVales, fhall be awarded of the Body of the proper County where fuch Body of the liTue is triable ; any Thing in the faid Aft to the contrary notwithflanding. 1°"'^^ '"■^"''■ ' ■' '= ■' ° ., the Jffue IS ' IV. And whereas great Delays do frequently happen in Trials, Vi'here a Peer or Lord of Parliament ' is Party, by reafon of Challenges to the Arrays of Panels of Jurors, for want of a Kniglit's being re- turned on fuch Panels ;' For Remedy thereof for the future, be it enafted by the , Authority aforefaid. That from and after the faid fixft Day of £efier Term, no Challenge Iball be taken to any, Panel of Jurors, No challenge to " for