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| <head><gap/></head> | |
| <head>Jury <gap/></head>
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| <head>(11)</head>
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| <p>XXXI. And be it Enacted, That every person so summoned <note>Default of jurors</note>
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| who shall not attend, and shall not make lawful excuse, <hi rend="underline">shall be fined
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| by the said Judge</hi>, on <hi rend="underline">proof duly made of service of the summons</hi>, in
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| a sum not exceeding Five pounds : Provided always, That such person
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| <note>5</note> had not served on any jury in the said Courts within twelve calendar
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| months previously.</p>
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| <p>XXXII. And be it Enacted, That the names of the jurymen sum—
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| —moned shall be put into a box, written severally on slips of paper, and
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| shall be <hi rend="underline">drawn out by the Registrar</hi>; and each party may object to any
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| <note>10</note> person whose name is drawn out, without assigning any cause, until no
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| more than twelve remain ; but if any objection is made to these twelve, it <lb/>
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| must be stated and decided on by <hi rend="underline">the Judge</hi> before whom the cause is
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| to be tried; and if any such objections are allowed, the names of the
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| jurors rejected without cause assigned shall be returned to the box, and
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| <note>15</note> drawn again, until a sufficient number be found to make a jury of
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| twelve : Provided always, That if there should not be twelve persons
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| attending, or against whom no objections have been allowed, it shall
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| and may be lawful for the <hi rend="underline">Judge</hi> to order the requisite number of
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| persons from among the <sic><hi rend="underline">byestanders</hi></sic> to be summoned by the Registrar
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| <note>20</note> and set on the jury, subject to any <hi rend="underline">objections</hi> which may be made for
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| causes assigned, except for want of qualification or want of summons:
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| Provided always, That <hi rend="underline">the said Judge</hi> shall and may, if he sees fit, direct
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| the sheriff to divide the said list of <hi rend="underline">forty-eight</hi> persons <hi rend="underline">into two lists</hi>, and
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| to require the persons in the one list to attend on the first day, and those
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| <note>25</note> in the other to attend the second or the <hi rend="underline">third</hi> day of the sittings, accord—
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| ing— as he shall think fittest for the convenience of the said persons,
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| and then and in that case the sheriff shall <hi rend="underline">divide the said list</hi>, and
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| cause the said persons to be <hi rend="underline">summoned</hi> to attend on different days
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| accordingly.
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| </p>
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| <p><note>30</note> XXXIII. And be it Enacted, That each juror shall receive for the trail<note>Fees to jurors. VII 2</note>
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| of each cause on which he shall sit, the <hi rend="underline">fee</hi> set forth in the Table of<note><gap/>marginal note text<gap/></note>
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| Feeds in Schedule to this Act annexed. 6<hi rend="superscript">th</hi> Where buy: <note>Fees</note></p>
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| <gap/>
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| <p>XXXIV. And be it Enacted, That either party in any cause may<note>Summoning of <sic>witneffes</sic>.</note> <note>Registrar 17.</note>
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| obtain the <hi rend="underline">Registrar</hi> a summons, <hi rend="underline">signed by the Judge</hi>, for the at—
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| <note>35</note> tendance of any witness, which summons being served on such witness
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| personally, if he shall refuse or neglect to attend and if the service shall
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| be proved, it <hi rend="underline">shall and may be lawful for the Judge</hi> out of whose Court
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| the summons issued, o direct the said witness to appear before him at
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| the next sittings of the said Court, and to fine the said witness
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| in a sum
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| <note>40</note> not exceeding the amount of the sum claimed for debt and damages, with <note>Damages by <gap/></note>
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| the costs actually incurred, if the witness was summoned on the part of
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| the plaintiff, or not exceeding the sum recovered, with the costs incurred,
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| if the witness was summoned on the part of the defendant, and to cause
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| <lb/> 568. the</p>
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