Trials Per Pais: Or, The Law of England Concerning Juries by Nisi Prius, &c. With a Compleat Treatise of the Law of Evidence, Collected from All the Books of Reports; Together with Precedents, and Forms of Challenges, Demurrers Upon Evidence, Bills of Exception, Pleas Puis Le Darrein Continuance &c. ...

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Page 234 - Thus, in debt for rent on an indenture of lease, if the defendant plead nil debet, he cannot give in evidence that the plaintiff had nothing in the tenements, because, if he had pleaded that specially, the plaintiff might have replied the indenture, and estopped him : but, if the defendant plead...
Page 234 - ... plaintiff that is a good title in law, and a good title if the matter had been disclosed and relied on in pleading; but, if the defendant pleads the special matter, and the plaintiff will not rely on the estoppel when he may, but takes issue on the fact, the jury shall not be bound by the estoppel, for then they are to find the truth of the fact, which is against him.
Page 156 - Men so first drawn and appearing, and approved as indifferent, their Names being marked in the Panel, and they being sworn, shall be the Jury to try the Issue, and the Names of the Men so drawn and sworn shall be kept apart by themselves until such Jury shall have given in their Verdict...
Page 142 - ... for that there is no right venue, so as the cause were tried by a jury of the proper county or place where the action is laid.
Page 101 - ... any such trials may have timely notice of the jurors who are to serve at the next assizes in order to make their challenges to them, if there be cause ; and that for the making the returns and panels aforesaid, and annexing the same to the respective writs, no other fee or fees shall be taken than what are now allowed by law to be taken for the return of the like writs and panels annexed to the same ; and that the persons named in such panels shall be summoned to serve on juries at the then next...
Page 101 - ... nominatarum, or words of the like import ; and to annex to such writs respectively panels containing the same names as were returned in the panel to such venire facias, with their additions and places of abode, that the parties concerned in any such trials may have timely notice of the jurors who are to serve at the next assizes, in order to make their challenges to them, if there be cause ; and that for the making the returns and panels aforesaid, and annexing the same to the respective writs,...
Page 153 - Corpora separalium personarum in panello huic brevi annexo nominatarum. or words of the like import, and to annex to such writs respectively panels containing the same names as were returned in the panel to such Venire facias, with their additions and places of abode, that the parties concerned in any such trials may have timely notice of the jurors who are to serve at the next assizes, in order to make their challenges to them, if there be cause; and that for the making the returns and panels aforesaid,...
Page 206 - ... and this he is ready to verify. Wherefore, he prays judgment, and that the plaintiff be barred from having his action aforesaid against him.
Page 98 - And be it further enacted by the Authority aforefaid, That it fhall, and may be lawful to...
Page 272 - ... leaving the law to the court, but find for the plaintiff or defendant upon the issue to be tried, wherein they resolve both law and fact complicately, and not the fact by itself ; so...

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