Page:Ruffhead - The Statutes at Large - vol 3.djvu/688

632 C. 32« Anno feptimo & o6lavo GuLiELMi III. A. D. 1696. Conftables fub- and incur the Penalty of five Pounds to His Majefty and Succeflbrs, to be recovered by Bill, Plaint or In- fcribingfuch formation. LiUs in the Pre- fence of one Juftice, Ice. is fuffic ent by 3 Geo. 2. c. 25. §. 6. Summons to be ' V. And that the Summons of Perfons qualified for the Services aforefaid may not be fo uncertain, as maJe by ihc ' hath been pra£lifed by Officers therein, to the great Injury and Grievance of Perfons liable to the afore- shrriff under i j-j^jj gervices ;' Be it further enacted by the Authority aforefaid, That every Summons of any Perfon Eed 6 Days be- jj^^j ^^ ^„^ of ti,g aforefaid Services fliall be made by the Sheriff, his Officer or lawful Deputy, fix , Mferve! "' " Days before at the leaft, f hewing to every Perfon fo fummoned the Warrant under the Seal of the Ofnce IncafcofAb- wherein they aie nominated and appointed to ferve ; and in cafe any Juror fo to be fummoned, be abf^nt [ fence, Notice to fj-Qm the ufual Pkce of his Habitation at the Time of fuch Summons, in fuch Cafe Notice of fuch Sum- ' be left under j-pons fhall be given by leaving a Note in Writing, under the Hand of fuch Officer, containing the Contents i the Officer's thereof, at the Dwelling-houie of fuch Juror, with fome Perfon there inhabiting in the fame. ^° ■ VI. And to the end that Sheriffs may not incur any Penalty, to fuffer any Damage, by fummoning or ■ returning any Perfon named in the Lifts or Books of Jurors tranfmitted to them from the refpeclive Quar- Return to the ter-SclTions as aforefaid, for not having fuch Eftates as qualifie fuch Perfons to be Jurors ; Be it enacted Juftices a good by the Authority aforefaid, That the faid Return to the faid Juftices fhall be a good Excufe and Bar in Law Exciife for the f^^ ^he faid Sheriff, for fuch Summons and Returns ; and if any Adlion or Information fhall be brought or Sheriff; who profe,,uted againil any Sheriff for fuch Return, the faid Sheriff may plead the General LTue, and give this GeneM^Iffue^"n Aft in Evidence ; and if the_ Plaintiff be nonfuited, difcontinue his Aftion, or if a Verdiift be given for the cafeof Aaion Defendant, or a Noli profcqui be entred in any Information, or a Verdift pafs for the Defendant thereupon, brought. the Plaintiff or Informer fhall pay treble Cofts, to be awarded by the Court, in v/hich fuch Adion or In- Treble Cofts to formation v/as profecuted, and levied by ufual Procefs : And if the faid Sheriff, his Deputy or Deputies, Penflf^on^She- Bailiff or Bailifls, ihall fummon and return any Freeholder or Copyholder, to any of the aforefaid Services, jiffneglefting,^ otherwife than as atbrefui<!, or in any Ways neglccl his or their Duty or Duties in the Service or Services or making un- of them required refpcdtivc'y by this Act, or excule any Perfon or Perfons for Favour or Reward, or allow due Return. of any Writ of Non penman in Jjftzis iff Juratis, or other Writ, to excufe or exempt any Perfon or Per- fons from the Service of any Jury or Juries, under the Age of feventy Years ;^ fuch Sheriff, Deputy or Bai- liff fliall, for every TranfgrefTion committed againft this Aft, forfeit the Sum of twenty Pounds, to be recovered by fuch Party or Parties grieved or injured, or whom elfe fliall fue for the fame, in any of the Courts of Record at JFeJitninJier, by Aclion of Debt, Bill, Plaint or Information, wherein no Eilbin, Pri- vilege, Proteftion or Wager of Law fhall be allowed, nor any more than one Imparlance. Nonetobeaju- ' yi[_ ^nd whereas the County oi York (being a very large County) hath many Perfons therein quali- ^man in York- c £gj ^^ ferve upon Juries at Afhzes, General Gaol Delivery, and Seilions of the Peace ; yet by the Cor- in'i Years °Ci!y ' ruption of Sheriffs, and their Under Ofhcers, the Burden of that Service is forced upon a very few, to of York and ' their Opprefhon and Grievance ;' Be it therefore further enacted by the Authority aforefaid. That from Kingfton upon and after the four and twentieth Day of yune one thoufand fix hundred ninety-fix, no Perfon flial] be re- Kull excepted, turned or fummoned to ferve upon any Jury at tlie AfTizes, or General Gaol Delivery, to he holden for the An^n^'c i '° '"^^ County of York, or at any SelTions of the Peace to be holden for any Part thereof (the City of York, (,™e^':is^iott{- and County of the faid City, and Town and County of Kingjion upon Hull excepted) above once in four Sons of the Years : And to the end it may appear what Perfons have been fuinmoned, and have ferved as Jurors at any Peace in York- former Aflize or Gaol Delivery to be holden for the faid County of York, or at any Seliions of the Peace ^'"^'■cc f V If ^'ol'^^i^ fo"" ^"y P^f*^ ^^ ^'^'^ '"^■^ County of York ; every Sheriff of the faid County for the time being fhall fo're"iftei -thr prcpare and keep a Book or Regifter, wherein the Names of all fuch Perfons who have ferved as Jurors, Mameiiof all with their Additions and Places of Abode, and the Times and Places of fuch their Services, fhall be al- ' who ferve on Ju- phabeticallv entred and regiftred, which Books and Regiflers fliall from time to time be delivered over to lies in a Book the fucceeding Sheriff of the faid County, within ten Days after he {hall be fworn into his Office ; and alphabetically. ^^gj.y j^jj.Qj. ^^^ {x be fummoned, and fliall ferve at any the faid Affizes, General Gaol Delivery, or of eve^ Affi/'" Sefhons aforefaid, fhall and may, at the End of^ every fuch AfHze and General Gaol Delivery, or Seffiohs may have his aforefaid, repair to the Sheriff, or Under Sheriff of the faid County for the time being, to have his and Name entred, their Names entred in the faid Book or Regifter kept for the Purpofe aforefaid, of v/hich he fliall have a and a Certificate Certificate upon his immediate Pvcquefl: gratis, from the Sheriff, or Under Sheriff for the time being, tefti- thereof gratis, fyj^or fuch his Attendance and Service done. By 3 &4Annffi, J ° S. 18. §. 3. Sheriff not keeping a Regifter forfeits icol. ' VIII. And whereas two feveral Panels of Jurors have been ufually returned to ferve on the Grand In- ' queft ; and that many more Panels have been fometimes returned for Trials in Civil Caufes, at the Affizes ' held for the faid County of York ; which was found to be more than neceflary, and burthenfome to the ' Perfons there qualified for the faid Service;' Be it further enadted by the Authority aforefaid. That from OneP^n^'^f 4^ henceforth any one Panel confifting of forty-eight Freeholders and Copyholders, and no more (each Per- Ten Panels'of '" f°" having fourfcore Pounds Land per Annuni) fhall be returned to ferve on the Grand Inqueft, and nb ai Jurors, &c. more than ten Panels, confifting of twenty-four Jurors in each Panel, fliall be returned to ferve upon Trials Not above 40 in Civil Caufes, at any Affizes to be holden for the faid County of York (except only where fpecial Juries Perfons to be re- g^g djreited to be returned by Rule of Court) and that at no one Quarter-Seffions of the Peace, to be holden turned on the ^ £-^^ ^-^^ ^^jj County, or within any of the Ridings within the fame, or in any Place where fuch Seffions of the'Quar"ter-Sef. the Peace fliall be holden by Adjournment, or otherwife, within the fame County, fhall be returned above fionsftrthe the Number of forty Perfons, to ferve either upon the Grand In queft, or other Service there; any Law bounty ofYork. or Ufage to the contrary notwithftanding. Inhabitants of ' IX. And whereas the Inhabitants of the City and Liberty of IFeJiminfter ferve in all Juries in the ■VTeftminRer ex- ' (Zawm oi King's Bench, Common Ptras, and Exchequer, and likewife at the Seffions of the Peace which •ttpted from fer- t- ^^y virtue of His Majefty's Commiffiora) is quarterly held for the faid City and Liberty;' Be it further' enadle4f„