532 
London,.if the trial is to be had there, who 
are.to bring with them the jurors’ book and 
therspecial, jurors’ list, and all the numbers 
written: on distinct pieces of parchment or 
eard aforesaid, shall, in the presence of all 
the, parties, and of their attornies (if they 
choose to attend), put all the numbers into.a 
‘box, and,.after having shaken them together, 
shall, draw out 48, one after. another, and 
shall, as each, number is drawn, refer to the 
corresponding number in the special jurors’ 
list, and read aloud the name designated 
by such number; and if, at the time of so 
reading any name, either party, or his attor- 
ney, object that the person whose name is so 
referred to is in any. manner incapacitated 
from serving on the said jury, and shall then 
and there prove the same to the satisfaction 
of the said officer, such name shall be set 
aside, and the officer shall, instead thereof, 
draw out of the said box another number, 
_and shall, in like manner, refer to the cor- 
responding number in the said list, and read 
‘aloud the name designated thereby, which 
“name may in like manner be set aside, and 
other numbers and names shall, in every such 
“ease, be resorted to as before described, for 
the purpose of supplying names in the places 
of those set aside, until the whole number of 
48 names not liable to be set aside be 
‘completed ; and if in any case it happen 
that the whole number of 48 names cannot 
be obtained from the special jurors’ list, 
the officer shall fairly and indifferently take, 
‘according to the mode of nomination here- 
tofore pursued in nominating special juries, 
‘such a number of names from the general 
jurors’ book, in addition to those already 
taken from the special jurors’ list, as shall 
be required to make up the full number of 
48 names, all and every of which 48 names 
be taken to be those of special jurors; and 
the said officer shall afterwards make out 
for each party a list of the 48 names, toge- 
ther with their places of abode and addi- 
tions, and return all the numbers so drawn 
out, together with all the remaining un- 
drawn, to the under-sheriff or secondary, or 
his agent, to be safely and securely kept for 
future use; and all the subsequent proceed- 
ings for reducing the said list, and all other 
matters relating to special juries, shall con- 
tinue as heretofore, except where the same, 
or any part thereof, is expressly altered by 
this act; and all the fees heretofore payable 
on the $tfiking of special juries shall conti- 
nue to be paid in the accustomed manner. 
c. 32. 
~* ‘The patties in any cause may, by consent, 
communicated in writing to the proper offi- 
ter, havea special jury struck according to 
the ancient mode; and the same special jury, 
however nominated, may try any number of 
¢auSés, so'as thé parties in every such cause, 
or ‘theif ‘attornies, signify their consent in 
writing to the’ nomination of such special 
ity’ or the trial of their respective causes ; 
“and the cditrt’mady, ‘on the application of 
‘any person ho! Has served once'as a special 
Consolidation and Amendment of the Jury Law. 
juror at any assize, discharge, him,from sery- 
ing. on any other, ;special, jury. during. she 
same assizés... Sec, 33.0 \-isy9 to nousvily ” 
The 34th clause directs, ,that the costs,of 
a special jury and all the expenses occasioned’ 
by the trial of the cause .by the same), shall’ 
be paid. by the party applying for such. jury, 
unless. the judge) certify, that, the; cause, was 
a proper one to be so .tried,,,, And.the 34th’ 
clause provides, that no, special juror.. shalt 
receive a larger fee than one guinea, except 
in cases wherein a view jis. directed ent fap 
The 36th clause enacts, that where. any 
special jury is ordered by rule of court tobe 
struck by the proper officer in.any cause aris- 
ing in any county of a city or town, except 
the city of London, the sheriff;,or under- 
sheriff, shall produce the jurors’ book jor 
lists to the officer, and the jury, shall be 
struck out of the same as heretofore. ...,, 
Where a full jury shall not appear in any of 
the courts aforesaid, or where, after appear- 
ance of a full jury, any default of jurors.arises 
from the challenge of the parties; the court 
may, on request made for the kivg by any 
one assigned or authorized for that purpose 
by the court, or on request.made by, the 
parties or their attornies, command the sbe- 
riff, or other returning minister, to supply 
the deficiency from the tales de cirewmstan- 
tibus ; and if a special jury have been struck, 
the talesmen may be such as may be im- 
panelled ona common jury panel: and the 
jurors so added may be challenged, See..37. 
Persons duly summoned on juries not at- 
tending, or being thrice called not answer- 
ing, or any such person or talesman, after 
being called not appearing, or after appear~ 
ing shall withdraw himself, are fineable at the 
pleasure of the court, unless he prove on oath 
some reasonable excuse ; and viewers so:de- 
faulting are subject to afineof 10/.,unlessfor 
some reasonable excuse as aforesaid, Sec. 38. 
The 39th clause indemnifies sheriffs,/and 
other returning ministers, for. impanelling’ 
and returning persons named _in the jurors’ 
book, though not qualified or liable; but, 
if they wilfully impanel and return any, per- 
son whose name is not in the jurors)-beok 
for the current year, or if such book;has net 
been delivered, then in the book last deliyer- 
ed, they are fineable at the pleasure, ofthe 
court; as are also all clerks of, .assize,asso- 
ciates, prothonotaries, clerks of the, pedee,-or 
other officers, who wilfully record the, ap- 
pearance of any person so summonedjand 
returned, whoreally didnot appear. cjdisuc’ 
The sheriff, or his under-sheriff. is to.xe- 
gister alphabetically. in the, jurors! book 
the names. of jurors .who, haye_sexyed, on 
common juries, and the, times},of, their ser- 
vice, and give, on application of suehjurors, 
a certificate testifying the, services seos40. 
And, by the 41st clause, the, clerk .of the 
peace is to make out listsofiall persons who 
haye served at sessions of the peace.on: grand 
or petty juries, together with. their plaees,iaf 
abode and addition, and.,.the.date,af Weir 
services, and within, 20, days.after thestlese 
; of 
