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An Act to alter and amend the law respecting Juries, and to make some additional regulations to the acts for establishing and regulating the Circuit Courts. 1791 9 (1791.12)

handle is hein.slavery/ssactssc0008 and id is 1 raw text is: 9) 4& A CTrto alter aned amend the law re~ffeRing dries, and to mak fone-additionalregulations to the as or effabliing and regulating the Circuit Courts.' W HEREaS, the modeof drawing fpedial juries,'referibed by the a6 of the general. affernbly of this flate, paffed on the 9thdayofJuly,in theeyaofour Lord t769,basbyexperieiicebeenfound nadequate to that fair and .impartial adminiftration of juflice which is to be expeded in every cafe where fpecial juries are drawn, and i has fome 'times0fo happened that fpecial juries have been drawn ent irely. out of tbe umber of thofe whofe names were given inor deifered to the court by one of the parties in controverfy; for remedy thereof; Be it therefore ena7ed by the' hri vrable thefenate and -houfe of rep-e- fetatives, now met and filling in general afeinbly, and by the authority of ih. fame, That it (hall and may be lIAwful for the court of com- mon pales, in the feveral diffrifts throughout the flafe, in ally civil saion where the value'in difpiute is equal to or exceeds fifty pounds fter- ling m' ney, or on application 'by either party, plaintiff or defendant, in any cofe, at his, her or their own expence, or iith the cdnferit.of both parties ir any acfion, to order a .fpecial jury to be fruck, for the trial of the faid catfe, at the Ouert to be holden in the difflct *here fuch cufe hdl 'be ti iab'e, which (hill be done in the following man- ner. that is to fay : Fach patty, plaintiff and defendant, thall gire in or deliver to the other the iaries of any eighteen 'perfons having ihe lualifications of giand jurors, hoth he, The or They irould chOofe for jurors in the cafelconitrovefted, ot of which fif(s each party (hall 'rike out the rianmes of fuch dighi perfons whofe names wrete given in 'by the othe pirty, as he, (he or theytay ch60fe d rejed; Wild out of the ten perfons remaining ol each lift, 'each party (hall mark or ranie (uch four perfons on the -lift of' the adverfe party, as he, the or They may think fit to have fTuamoned as -talefinen; an d ihe i eity men who thall be chofen for jurymen.aiid talefanen, as before direfed, fhall be flinmoned, by the theriff of the diffridt in which the 5uk is to be tried, at leafl fix 'ays, (or any flhorter time, if the partids (hail confent thereto) before the meeting of the court in tlie iaid dihiad to attend on the faid court as a fpecial.jury and as talefnen'if occafion thallirequire; and if all the zwelve men who ihail be fununtioned 'for the fpecial jury, (hallnot attend at the coturt, and at the tine ' which' hey thall be fuimioned, then out of the number of thofe who (ha, be luntoned for talefrnen, and fhall attend.as foch, each party fliall, out Of the talefmen of the adverfe party, choofe fo many as thall' be requifite to make irp together with fuch of his, her or their n fpe- cial jurymen a3 thall have attended. agreeable to their fa mmons, the wnber of fix, to the end, that in every caufe tried by a fpecial jury, each party may have fix jurymen, of his, her or their owin choice 'but if out of the ten men futiioned as fpecial jury and tIlefniri, on behalf df each party in any caufe, fix men (haIl not appear on behalof 4 both or either' of the parties, then each party fhal1, inflanter give into the court the names of fo many men, from the vicinity of the court- houfe, as will make three times the number wanted to make up his, her or their compliment of fix jurors, who (hall be immediately fiiM. Moned by the fberiff of the dif'ria, to give their aittendahce; and out of the number who (hall attend after being fo fummoned, each party fhall choofe as many as will make up his,.her or th'eir coibiplimnetof iti juror6 Preamble. Mode of drawing fpecial jtiriesto he ob- fcrvcd in futuzes

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