Page:Ruffhead - The Statutes at Large - vol 8.djvu/534

 500 C. 3'- Anno tricefimo tertio Georgii II. A.D. Dtfendanti may pay the XIX. And be it enaded. That where any Plaint (hall be entered, or any Suit or Aaion 759' Money into Courts and plead the General Iflue, whereupon the Court is to make the fol* lowing RuJe, com- Upon I/Tue joined and Nocke of Trial, Steward to ifTue Precepts for fummoning a Jury of 24 Ferfons, Summons to be made by perfonal Service. Jorors Names to be ■written en diftindt Pieces ci" Paper, and rolled up, aad put into a Box, %ni 12 of tbofe prefent, and not chailenged, to be drawn ^ who arc to l« the Jury, the Names to be returned again into the Bux, to fcrve on Tri.ii of other Iffuet depending, menced, in either of the faid Courts Baron, in any Perfonal A6Uon, it Ihal'l and may be lawful to and for the Defendant or Defendants who fhall have appeared to any fuch Plaint, the Plaintiff or Plaintiffs in fuch Plaint, Suit or Adlion, having declared againft fuch Defendant or Defendants, to bring the Debt, Sum or Sums of Money, into the Court wherein fuch Plaint {hall be entered, or fuch Suit or A6tion commenced, and to pay the fame into the Hands of the Steward of the fame Courtj or his Deputy, and then to plead a General IlTue, whereupon the faid Court fhall make a Rule or Order, without Stamp, in the Words, or to the EfFe6l following j (that is to fay) (( J. C. the Defendant Day having (C HUNDRED of High Peak, or Manor of Caftleton, To wit, The of in the Year of our Lord /. B. •% " brought into Court the Sum of it is therefore ordered. That unlefs the gainfl L " Plaintiff fhall accept thereof, with Cofls, to be taxed by the Steward, or his Deputy, '• D. J *' in full Difcharge of this Suit, the faid Sum of fhall be ftruck out of Trial of the Iflue, the Plaintiff fhall not be permitted to give Evidence for the faid Sum of (C By the Court.' A Copy of which faid Rule fhall be ferved upon the Plaintiff or Plaintiffs in fuch Plaint, Suit or A6ion, or upon one of the Perfons who fhall enter into fuch Recognizances as aforefaid, or left at his or their Dwelling-houfes or Places of Abode refpedively, at leafl ten Days before the Courf next after making the faid Rule. often as due Notice (hall have been given by the Plaintiff or Plaintiffs of the Trial of the Iffue or Iffues in any fuch Plaint, Suit or Adtion, to the refpedtive Stewards of the faid feveral Courts Baron, or their refpeflive Deputies, in Manner before appointed, it flaall and may be lawful to and for fuch Stewards, or their Deputies refpe£lively, and they are hereby required, at leafl five Days before the holding of any Court Baron for the faid hundred or Manor refpedively, at which any Iffue or Ifiues joined in either of the faid Courts Baron are intended to be tried, to iffue their Pre- cepts under their refpedive Hands and Seals to the Bailiff or Bailiffs, or other Perfon or Perfons to whom the Return of fuch Precepts for the Time being fhall belong, thereby commanding them to fummon twenty-four fit, able, difcreet and indifferent Suitors of the faid feveral Courts refpe<5tively, to ferve as Jurors or Homagers at the next Court to be held for the faid Hundred or Manor refpec- tively, in which Precepts fhall be contained the Names, Places of Abode, and Additions of fuch twenty-four rerfons, fo direflcd to be fummoned for the Trial of fuch Iffues as aforefaid; and there- upon every fuch Bailiff or Bailiffs, and other Perfon or Perfons to whom fuch Precepts fhall iffue, fhall forthwith fummon the Perfons whom he or they fhall be required to fummon by fuch Precept or Precepts, by Writing under his or their refpe<5tive Hands, thereby fummoning or warning fuch Perfon or Perfons to appear and ferve as Jurors and Homagers at the then next Court; every fuch Summons or Warning to be made by perfonal Service of the Summons, or by leaving the fame at the Dwelling-houfes or Places of Abode of fuch Perfon or Perfons refpeftiv^ly. XXI. And be it further enafted. That the Name of each and every Perfon who fhall be fum- moned to try fuch Iffue or Iffues in the faid refpedive Courts Baron, with the Place of Abode and Addition of each and every fuch Perfon, fhall be written by the faid feveral Stewards, or their De- puties refpe<Slively, on feveral Pieces of Paper of an equal Size and Bignefs, as near as may be; and every fuch diftintt Piece of Paper, upon which every fuch Name fhall be refpeiStively written, fhall, immediately, previous to fuch Trial, be rolled up and put into a Box, to be provided and kept for thatPurpofe; and when any Plaint, Suit or Action fhall be brought on to be tried, the faid Ste- wards of the faid Courts Baron, or their Deputies refpeftively, fhall and may in open Court drawr out twelve of the faid Papers one after another ; and if any of the Perfons whofe Names fhall be drawn, fhall not appear, or fhall appear, and be challenged and fet afide, then fiich further Num- ber fhall be drawn, until twelve Perfons (all Caufes of Challenges having been examined into, and| allov/ed or over-ruled) fhall have been drawn and approved of, or allowed of, as fair and indifferent' Ferfons to try fuch Iffue or Iffues. XXII. And be it further cna(51ed, That fuch twelve Perfons, who fhall be fo drawn, and fhall appear and be approved of as indifferent Perfons to try the faid Iffue or Iffues, fhall (being firfl duly fvvorn in Manner hereafter dire£t-d) be the Jury or Homage to try the faid Caufe; and the Names and Perfons of fuch Jury or Homage fo drawn and fworn, fhall be kept apart till fuch Jury or Ho- mage fhall have given in their Vcrdi(£V, and fuch Verdidt (hall be duly entered, or until fuch Jury or Homage fliall, by the Confent of Parties or Leave of the Court, be difcharged ; and then the fame Names fhail be rolled up again, and returned into the fame Box, there to be kept with the other Names remaining undrawn, and fo, from Time to Time, as often as any'other Ifl'ue or Iffues fhall be to be tried in any other Plaint, Suit or Adlion, to be depending in the fame feveral Courts re- fpcdtivelyi and the fame Cyurfe (hall be obferved for the Ngmination and Appointment of a Jury 1 or
 * the Declaration, and paid out of Court to the Plaintiff, or his Attorney or Agent; and upon the
 * XX. And to the End that all fuch Matters and Things as fhall or may be put in IfTue between
 * the Parties, upon any Plaint to be entered, or Suit or Action to be commenced, in either of the
 * faid Courts Baron, may be tried by twelve fit, able, difcreet and indifferent Suitors or Homagers,
 * owing Suit and Service to the faid Courts Baron refpedively ;' Be it enafted. That when and fo