Page:The statutes of Wales (1908).djvu/279

A.D. 1562] upon the Venire facias awarded to try the said Issue: And that the said Justices and every of them, and their Deputy or Deputies shall and may proceed to the trial of every such Issue with those persons that were before empanelled and returned and with those newly added and annexed to the said former Panel by virtue of this Act, in such wise as they might or ought to have done if all the said Jurors had been returned upon the writ of Venire facias awarded to try the said Issue; And that all and every such Trial had, shall be as good and effectual in the Law to all Intents Constructions and Purposes, as if such trial had been had and tried by 12 of the Jurors impanelled and returned upon the Writ of Venire facias awarded to try such Issue; And in case such persons as the said Sheriff Minister or Ministers shall name and appoint as is aforesaid or any of them, after they shall be called be present and do not appear, or after his or their Appearance do wilfully withdraw him or themselves from the presence of the Court, that then such Justices or their Deputies shall and may set such Fine upon every such Juror making default or wilfully withdrawing himself as aforesaid as they shall think good by their discretions, the said Fine to be levied in such manner and form as Issues forfeited and lost by Jurors for default of their Appearance, as is provided by the Law and Custom of the said Counties of and Counties Palatines aforesaid where such Issues are forfeited.

2. And be it further enacted by the Authority aforesaid That where any Jury that shall be returned by the Sheriff or other Minister or Ministers, shall be made full by the commandment of the said Justices or their Deputies by virtue of this present Act, that yet nevertheless such persons as were returned in the said Panel by the Sheriff or other Minister or Ministers to try any such Issue, that shall not appear but make default, shall lose the issues upon them returned in such wise as though the same Jury had remained for default of Jurors.

3. Provided always and be it further enacted, That upon a reasonable excuse for the default of Appearance of any Juror or Jurors, sufficiently proved before the Justices of the Great Sessions or their Deputies in the Counties and Counties Palatines aforesaid at the day of their Appearance by the oaths of two lawful and honest witnesses, that the same Justices shall have authority by their discretions to discharge every such Juror of every such forfeiture of Issues upon him returned; and that the said Sheriff or Sheriffs