Page:Ruffhead - The Statutes at Large - vol 8.djvu/535

 A. D. 1759' Anno tricefimo tertio Georgii 11. C. 31, 501 or Homage to try fuch IfTue or IfTues refpci^ively, until all the Iflues which {hall then (land for Trial fhail be tried, or the Juries difcharged thereof as aforefaid. XXIII. Provided always, and it is hereby enadled and declared. That no Challenge to the Array, Limitation of Challenges of fuch Jury or Homage {hall be taken or allowed, or any peremptory Challenge to more than two to Jury, of fuch Jurors of Homagers, by each of the Parties, his or their Attorney or Agent j any Law, Ufage or Cuftom to the contrary thereof notwithftanding. XXl V. And be it furtlier, That every Suitor, who fhall be fummoned to ferve as a Juror or Ho- J"'y *° ^« fworn, mager in each of the faid Courts Baron, fhall, before he enters upon the Trial of any Plaint, Suit or A6lion there depending, take the following Oath, that is to fay, ' T J. B. do fwcar, That I will well and truly try the IfTue joined between the Parties, and a true The Oath. So help me God. XXV. Provided always, and it is hereby enabled, That if any Pcrfon who {hall be fummoned to juror who basferved attend either of the faid Courts Baron as a fpecial Suitor, Juror or Homager, fhall make it appear fix Times in the fame to the Satisfaction of the refpc6live Stewards of the fame Courts, or their refpeftive Deputies, that^^^""' he has already ferved on the Trial of Iflues in the faid refpeftive Courts, or on the taking or finding of Inque{Is as a Juior or Homager fix Times in the fame Year in v.'hich he fnall then be fummoned; then, and in fuch Cafe, the Perfon who fhall fo make it appear that he hath fo already ferved fix *« be difcharged, upon feveral Times in that Year, fhall upon his cravijig to be difcharged be efToined and difcharged from ^'^ Requeft, trom tuture all future Service as a fpecial. Suitor, Juror or Homager for the trying of IfTues, or the taking or "" *° ^ at ear, finding of Inquefls for the then current Year j and then and in fuch Cafe, fome other fit, able, dif- and other fit Perfons to creet, and indifTerent Suitor of the faid refpe6tive Courts fhall be returned in/lanter to ferve in the be returned thereupon. Place and Stead of the Suitor who fliall be io efToined and difcharged as aforefaid. ' XXVI. And to the End that a competent Number of fit, able, difcreet and indifTerent Suitors ' the faid refpedtive Courts Baron, or other Proceedings which fhall be there had, in Nature of Courts Baron, or their refpedive Deputies, {hall at leafl five Days before the holding of a Court J"^°"' ^° ^ ^"^'^ 5 Baron for the faid Hundred or Manor refpedively, from Time to Time, ifTue his or their Precept J^/J^'^^^^^J^^J^' ^"''"S or Precepts, under his or their refpe£live Hands and Seals, to the BailifT or BailifTs of the faid Courts refpe£lively, or to fuch other Perfon or Perfons to whom the Return of fuch Precepts fhall, for the Time being, refpedlively belong, thereby commanding them to fummon any Number of fit, able, difcreet and indifTerent Suitors, owing Suit and Service to the faid Courts refpecStively, not exceed- ing twenty-four, nor lefs than twelve, to attend at the next Court to be then next held for the faid Hundred or Manor refpedively, and there to ferve as Jurors or Homagers for the finding of Inquefls, and taking of Inquifitions upon ProcefTes to ifTue out of, or other Proceedings to be had in the faid Courts Baron ref^pedlively, in Nature of Writs of Inquiry of Damages; and fuch Jury or Homage Ji^fy to be continued <!«. {hall continue to ferve as fuch during the Sitting of the fame Court, or until they fliall be difmifTed ^"g^^e Sitting of the by the Steward thereof, or his Deputy for the Time being. °""' XXVII. And it is hereby enabled, That in every of the faid Precepts, the Names of the Perfons The Names and proper fo diredted to be fummoned for the finding of Inquefls, or taking of Inquifitions as aforefaid, {hall Addition of the jmor?, be written and exprefled at full Length, with the Place of Abode and Addition of every fuch Perfon *° ^'^ entered inthePre- fo direded to be fummoned, to the End no Miflake may happen in the Defcription of them, or any "P"' of them; and thereupon every fuch BailifTor BailifTs, or other Perfon or Perfons to whom fuch Pre- Summons to be made by cepts {hall ifTue, fhall forthwith fummon the Perfon or Perfons whom he or they {hall be required to Perfonal Service. fummon by fuch Precept or Precepts, by Writing under his or their refpedtive Hands, thereby fummoning or warning fuch Perfon and Perfons to appear and ferve as Jurors or Homagers at the then next Court; every fuch Summons or Warning to be made by perfonal Service of the faid Summons, or by leaving the fame at the Dwelling-houfes or Places of Abode of fuch Per- fons refpe£tively. XXVIII. And be it alfo further enabled. That where twelve at the leaft of the Suitors at the faid Whereiz of the jurow refpeClive Courts Baron, who fhall have been duly fummoned purfuant to fuch Precept of the re- fhall not appear, peftive Stewards of the faid Courts, or their Deputies or any of them, {hall not appear at the faid refpedlive Courts, in order to find Inquefts and take Inquifitions upon fuch ProcefTes ifTuing out of, or other Proceedings to be had in, the faid refpeitive Courts as aforefaid; that then, and in fuch Inquefls may be taken by Cafe, fuch Inquefts {hall and may be found, and fuch Inquifitions {hall and may be taken, by any ^"y »a Suitors of the twelve Suitors of the faid refpedive Courts Baron; and fuch Inquefts and Inquifitions, as fuch <^°"r'' Suitors {hall find or take thereupon, {hall be good and fufHcient to- all Intents and Purpofes, as if the fame had been found or taken by twelve or more of the Suitors of the faid Courts Baron refpec- tively who {hall have been fummoned as aforefaid; any thing herein contained to the contrary thereof in any wife notwithftanding. XXIX. And be it enacted. That every Suitor of the faid refpeCtive Courts Baron, before he Suitor to be fwom before ferves upon any fuch Inqueft, and before he enters upon any Inquiry of Damages fuffained by any lie enters upon inqueft. Plaintiff or PlaimifFs, in any Plaint, Suit or A6tion depending m the faid Courts Baron refpec- tively.
 * X Verdift give, according to the Evidence which fhall be now produced, touching the Matters
 * in Variance, without Favour or AfFe(5lion to either Party.'
 * may be provided to find Inqucfls, and take Inquifitions on all ProcefTes which fhall ifTue out of
 * Writs of Inquiry of Damages,' Be it enacted, That the refpedive Stewards of the faid feveral Precepts for fummoning