Page:Ruffhead - The Statutes at Large - vol 2.djvu/401

26. A. D. 1543* Anno triccfimo quinto He nrici VIII. Q f» VIII. And that a!! and every Inch Trial h faid firfl Day of fpril, fli.ill be as good and » in th<.- Law, to all Intents, Conftru&ions and Purpof , il fuch Trial had 1 I tried by twelve of the Jurois impanelled and returned upon the Writ of/ tnire /'■■ IX. And in cafe fui li Pcrfons as the faid Sheriff, Minifter or Minifters, fliall name and aj '. is a- id, 01 any "I them, after they (hall be called, be prefent, and do m lone wilfully withdraw him or then ncc of the Court, that then fuch Jufl . nd may let fuch a Fine ii| on < fuch Juror making Default, cr wilfully with ill thinl I by their Dili retion; { 1) the (aid E in and rfeitcd and lull byjuiors lor Default ot their Appearance at the Common Lav.- have been accuftomed to be levied. And be it further cnaclcd by the Authority aforefaid, That where any Jury that fliall be returned by T the Sheriff, or other Minifter or Minifters, fhall be made full by the Commandment of the faid Tufti by Virtue of this prefent A<St, that yet nevcrthelefs fuch Perfons as were returned in the fai Sheriff, or other Minifter 01 Miniftcrs, to try any fuch Iffuc, that fhall not appear, but make IXiault, ihall lofc the Iffucs upon thcin returned, in fuch wife as though the fame Jury had remained for Default of Jurois. XI. Provided alvvay, and be it cnaclcd, That upon a rcafonablc Excufe for the Default of Appearance juror, dull t* of any Juror or Jurors fufficicntly proved before the Juftices of Afiife or Nift prius, at the Day of their Ap- • ncc, by the Oaths of two lawful and honcft Witneffes, that the lame Juftices (hall have Authority, fu:) u r" by their Dilcretions, to difcharge every fuch Juror of every fuch Forfeiture of Iffues upon him returned : ii) And that the Sheriff and Sheriffs, or other Minifter or Miniftcrs, having Commandment by the faid ufticcs to omit the returning of fuch Iffues, as is aforefaid, upon fuch Juror or Jurors, fliall be therein discharged of the Penalties aforefaid, for the not returning of the faid Iffues, and that yet notwithftanding the laid Return to be good and effectual in the Law; any Law, Ufage, or Cuftom to the contrary not- withftanding. ^ - XII. Provided alio, and be it cnndlcd by Authority aforefaid, That if the faid Juftices afore whom any I flues discharged fuch J ury fhould appear, in the County where fuch Iffue is to be tried by Virtue of a Writ of Nifi prius, do °y lhe not com - not come at the Day and Place appointed, but that the Affife or Nifi prius for that Time fhall be difconti- ' ng of thc J u " nucd for not coming of the faid Juftices, or for any other Occafion, other than by Default and lack of Ju- x ' rors, that then every one of the fame Jurors fliall be difcharged for forfeiting of any Iffues upon him re- turned in the fame Writ ; (2) and the Sheriff, or other Minifter or Miniftcrs, fliall be likewifc difcharged , of the Penalties of this Fftatutc, for the not returning of fuch Iffues as arc before limited in this Act; any Article or Sentence hcrcin-containtd to the contrary notwithftanding. XIII. And be it alio further enacted by the Authority aforefaid, That if upon any fuch Writ of Habeas iiTue, returned Corpora, or Dijlringas, with a Nifi prius, Iffues be returned upon any Hundredors, Juror or Jurors, by the u P on => Jury not Sheriff, or other Minifter or Miniftcrs to whom the Execution of the fame Writ or Writs ihall appertain, l»w'j>«lyibiii«  whereas the fame Hundredors and Jurors fliall not be lawfully fummoned, warned, or diftrained in that Be- rr '° half, that then every fuch Sheriff, or other Minifter or Miniftcrs aforefaid, fliall lofe, for every fuch Offence fo committed, double fo much as the faid Hues returned upon fuch Hundredors or Jurors not lawfully fum- iboncd, warned or diftrained, fhall amount unto; (2) the Moiety of all which Forfeitures contained in this nrefent Act, other than the Iffues to be returned upon the Jurors as. is aforefaid, fhall be to the King our Sovereign Lord, and the other Half to him that will fue for the fame by Action of Debt, Bill, Plaint or Information, in' any of the King's competent Courts, in which no Wager of Law, Effoin, or Protection fliall be allowed ne admitted : (3) Saving to all Manner of Perfons, and Bodies Politick and Corporate, TheRJghtof their Heirs and Succeffors, having lawful Right, Title, and Intereft to have fuch Iffues to be before any others to itruet fuch Juftices of Affife or Nifi prius at any Time or Times hereafter loft and forfeited, (4) all fuch Right, forfei & Title and Intereft, as they or any of them fhould or might have had to any fuch Iffues, to be loft and for- feited, as though this Act had never been had or made. XIV. Provided alio, That this Act, nor any Thing therein contained, fhall not extend to any City or This Art ft, 11 Town Corporate, or to any Sheriff, Minifter or Miniftcrs in' the fame, for the Return of any Inqueft or n,: Panel to be made and returned of Perfons inhabiting in the faid Cities or Towns Corporate, but that they . and every of them fhall and may return fuch Perfons in every fuch Inqueft -or Panel, as before this Time TownO they might r.nd have been accuftomed to do, and as if this Act had never been had nor made, fo that the rate. fame Sheriff, Minifter or Miniftcrs, return upon fuch Perfons as fliall be impanelled, like Iffues as are be- Continued by fore mentioned in this Act; any Thing in tlie fame contained to the contrary notwithftanding. (2) This 57 Hl ? - Cl ' : ' Aft to endure to the End of the next Parliament. l Ui fcy 2 cc 3 td. o- c. 31. See 57 F/iz. r."6, 6? 7. 4 W. & M. c. z^.feB. 15. 7 & 8 W, 3. c. 3a. 3 & 4 Ar.ti. e . 1 S. 3 Gtt. i. t. 25. 4 Geo. z. c. 7. 6 Geo. 2. c. 57. HCco. 2. c. 18. and ztj.Gco. z- c. 19. which provide farther, fir the ^ualifieat'wii, &e. of 'Jurors. C A P. VII. An Aft for the Repealing a certain Statute concerning the bringing of Salt-fifh and Stock-fifh. ' H E RE in the Parliament begun and holden at London the third Day of November in the twenty- A Repeal < f ... othciwife czWcd'Dsggirmeft, or fuch as -new or hereafter fliall be Fiflicrmen, that actually labour for the A a a s ' taking