Page:Ruffhead - The Statutes at Large - vol 2.djvu/400

362 C. 6. Anno tnceiimo quinto Henri ci VIII. A. D. 1543, c A P. VI. what Kind of The Bill for the better Appearance in the Nifi prius. Jurors (hall ap- pear upon aNifi ' T?Orafmuch as the Iflues joined in every Action, Suit, and Demand between Party and Party at the fjiunf^fi ni -' -^- Common Law, are by the Laws of this Realm for the moft part tried and triablejjy the Verdict of % Zm — . .._/ -- -—j--— ------ "■'■"3 ■ J J — J ~- £J — -w j ..... j v - J^lViO 1U |V,^ zSEJ.i.jiat.i.' turned, to the great Coirs, Charges, and Hindrance of the Parties to the faid Actions, Suits and De- C 9 ' 34 ^Ed 3 " ' man( ^ s 5 an d t0 the great Delay and Hindrance of Juftice :'. C f.iu 1S.7.C.I', H- For Reformation whereof, and for the more Expedition of Juftice hereafter to be had in fuch Man- ner Trial of Iflues. The Form of a III. Be it enacted by the Authority of this prefent Parliament, That in every Cafe where fuch Perfons Venire facias, as fhould pafs upon the Trial of any Iffue joined in any of the King's Courts of Record, commonly holden ^rm^ftdir^nJ at Weftminfier, ought by the Law to difpend xl. s. by the Year of Freehold for Term of Life, that the Writs of xLs. yearly, and Venire facias, which, from and after the firft Day of April next coming, fhall be awarded and directed for where he need the impanelling of fuch Perfons as mail try the fame IfTue, fhall be in this Form; Rex, &c. Pracipimus, &c. not. quod Venire fac' coram, &c. xij. liberos & legates homines de vicineto de B. Quorum quilibet haheat quadraginta Godbolt 334. Jol'ida? terra, tenement' vel recldif -per annum ad minus, per quos rei Veritas melius fciri poterit: Et qui nee, 13 c. f j^ij 7 ' And fo forth the Refidue of the faid Writ, after the ancient Form, (z) And in every Cafe where it is not Vm. V. 21.191. requifite, that the Perfons that fhall pafs upon the Trial of any IfTue joined in any of the King's Courts aforefaid, fhall difpend xl. s. by the Year of Freehold, that then the Writs of Venire facias that fhall be awarded after, the faid firft Day of. April, fhall be. made after the Form aforefaid, omitting this Claufe, 37 El. c. 6. Quorum quilibet habeat quadraginta folidaf terra, ten vel redd.ii 1 per annum ad minus. (3) And that upon every fuch Writ and Writs of Venire facias that fhall have the faid Claufe, Quorum quilibet, (sfc. the She- riff, or other Minifter or Minifters to whom the making of the Panel fhall appertain, fhall not return in' any fuch Panel any Perfon, unlefs he may difpend xl. s. by the Year at the leaft of Eftate of Freehold out six Kundredors of ancient Demefne within the County where the IfTue is to be tried. (4) And alfo fhall return in every ftall be returned f u ch Panel upon the fame Venire facias fix fufficient Hundredors at the leaft, if there be fo many Hundredors hy the Sheriff. w it n j n the faid Hundred, where the Venue lieth, (5) upon Pain to forfeit for every Perfon being returned in any fuch Panel, that cannot difpend xl. s. by the Year, as is aforefaid, xx. s. (6) And for every Hun- dredor that fhall be omitted in fuch Return of the Number aforefaid, xx. s. (7) And in every Writ of Venire facias, wherein the faid Claufe, Quorum quilibet, bfc. fhall be omitted, the Sheriff, or other Mini- fter or Minifters to whom the making of the Panel fhall appertain, fhall not return in any fuch Panel,, any Perfon, unlefs he may difpend fome Lands or Tenements of Eftate of Freehold out of ancient De-; mefne within the County where the Iffue is to be tried, (8) and alfo fhall return in every fuch Panel up- on the fame Venire facias, fix fufficient Hundredors at the leaft, if there be fo many Hundredors within the faid Hundred where the Venue lieth, upon like Pain as is aforefaid. "What Iflues IV. And furthermore be it enacted by the Authority aforefaid, That upon every firft Writ of Habeas ftall be returned Corp' or Diftringas, with a Nifi prius, delivered of Record to the Sheriff, or other Minifter or Minifters to upon jurors. w hom the making of the Return fhall appertain, the faid Sheriff, and other Minifter and Minifters, fhall r 27 ' from and after the faid firft Day of April, return in Iflues upon every Perfon impanelled and returned upon 1 any fuch Writ, at the leaft vs. (2) And at the fecond Writ of Habeas Corpora, or Diftringas, with a Nifi prius, upon every Perfon impanelled and returned upon any fuch Writ, x. s. at the leaft : (3) And at the third Writ of Habeas Corpora, or Diftringas, with a Nifi prius, that fhall be further awarded upon every fuch Perfon impanelled and returned upon any fuch Writ, xiij. s. iv. d. (4) And upon every Writ that fhall be further awarded to try any fuch Time, to double the iflues laft afore fpecified, until a full Jury be fworn, or the Procefs otherwise ceafed or determined, upon Pain to forfeit for every Return to be made contrary to the Form aforefaid, v*l. Tales de circum- y. And for a more fpeedy Trial of Iflues to be tried by the Verdict of twelve Men, hereafter to be ftanribus at the j^j r Defendant's Re- VI. Be it further enacted by the Authority aforefaid, That in every fuch Writ of Habeas Corbcra, or queft. Diftringas, with a Nif prius, where a full Jury fhall not appear before the Juftices of Affifes or Nifi prius, By 5 El. c. 2;. or elfe after Appearance of a full Jury, by Challenge of any of the Parties the Jury is like to remain un- this Seaton ex- taken for Default of Jurors, that then the fame Juftices, upon Requeft made by the Party Plaintiff or De- - twelve "hires f en dant, fhall have Authority by Virtue of this Act to command the Sheriff, or other Minifter or Mini- in Wales &c flers to whom the making of the faid Return fhall appertain, to name and appoint, as often as need fhall By 4& 5 Ph. & require, fo many of fuch other able Perfons of the laid County then prefent at the faid AiTifes or Nifi prius, M. c. 7. a Tales as fnall make up a full Jury; which Perfons fo to be named and impanelled by fuch Sheriff, or other Mi- may be granted n jf} er or Minifters, fhall be added to the former Panel, and their Names annexed to; the fame. ire* 1 Roil"^ VII. And that every of the Parties fhall and may have his or their Challenge to the Jurors fo named, 2 Roll 76, 183,' added, and annexed to the faid former Panel by the faid Sheriff or other Minifter or Minifters, in fuch 394, Poph. 35. wife as if they had been impanelled upon the Venire facias awarded to try the faid Iffue; (2) and that the r>yenoo,376.'b. faid Juftices fhall and may proceed to the Trial of every fuch Iffue with thofe Perfons that were before_ Challenges tit impanelled and returned, and with thofe newly added and annexed to the faid former Panel by Virtue ot 10° Co" ioz. b. tms Act, ' n mcn w if s as the y m 'ght or ought to have done, if all the faid Jurors had been returned upon the Writ of Venire facias awarded to try the faid IfTue. VIII. And