from ferving on any Jury or Inquest. 6 W. 3. cap. 4.

Other Perfons exercifing the faid Art of an Apothecary in any other Parts of this Kingdom, who have ferved as Apprentices féven Years, according to the Statute of 5 Eliz. fhall likewife be exempted from ferving on Juries, for fo long Time as they fhall ufe and exercife the faid Art, unlefs fuch Perfon voluntarily confent to serve. Ibid.

All Seamen alfo duly regiftred are exempted Seamen exfrom ferving on Juries by 7 & 8 W. 3. cap. 21, empted.

All Conftables and Headboroughs fhall year- Lifts of Jurors ly at the General Quarter-Seffions of the Peace, to be exhibiin the Week after Michaelmas, return and give ted by the Conftables, to a true Lift in Writing of the Names and Abodes the Juftices at of all Perfons within the refpective Places for their Quarterwhich they ferve, qualified to ferve on Juries, Seffions. between the Age of twenty-one and feventy See Chap.8.p. Years, which Lift they hall deliver to the Juftices: And they fhall caufe the Clerk of the Peace to deliver a Duplicate thereof to the Sheriff of the County or his Deputy, before the first of January next following, and cause the said Lift to be fairly entred in a Book, and kept among the Records of the Seffions: And, no No other to Sheriff fhall impanel or return any Perfon to be returned by ferve on any Jury at the Affizes, Gaol-Delivery the Sheriff. or Seffions of the Peace, who fhall not be named in the faid Lift. Any Conftable or Headborough failing to make fuch Return as aforesaid, to forfeit 5%. to the King. 7 & 8 W. 3. cap. 32.

Every Summons of Perfons qualified to serve How to be on Juries, fhall be made by the Sheriff or his fummoned. Officer, at least fix Days before the Day of Appearance, fhewing to the Perfon the Warrant under the Seal of the Office, wherein he is no

VOL. I.

I

minated

minated to ferve; and in cafe fuch Juror to be fummoned, be abfent from his ufual Habitation, a Note in Writing under the Hand of fuch Officer to that Effect, fhall be left at his Dwellinghouse with some Perfon there inhabiting. Ibid.

The Sheriff is The Return to the Seffions fhall be a good excufable if he Excufe to the Sheriff, if he fummon one who is return any in the Conftables not qualified, and if an Action be brought Lifts, though thereupon, the Sheriff may plead the General not qualified. Iffue, and give this Act in Evidence; and if the Plaintiff be nonfuit, &c. he shall pay treble Cofts. And if the Sheriff, his Bailiff, or Deputy, fhall fummon any Freeholder or Copyholder, otherwise than as aforefaid, or neglect his or their Duty, or excufe any Perfon for Favour or Reward, or allow of any Exemption to any Perfon under the Age of seventy Years; fuch Sheriff, his Deputy or Bailiff, fhall forfeit the Sum of 20l. to the Party grieved, or to whomfoever fhall fue for the fame, in any Court of Record at Westminster. Ibid.

Penalty of
Sheriff on his

Mifbehaviour.

Special Writs

where the

Jury fhall have the View.

Quakers are incapable of ferving on Juries. 7 & 8 W. 3. cap. 34.

The Courts of Westminster are impowered to order special Writs of Diftringas or Habeas Corpora, to caufe fix or more of the first twelve Jurors, to have the Matters in Question shewn them, by two Perfons in the Writs named and appointed by the Court; and the Sheriff shall return the View. 4 & 5 Ann. cap. 16.

For the Qualifications of Jurors as regulated by 3 G. 2. c. 25. and 4 G. 2..c. 7. fee the next Chapter towards the End.

СНАР.

CHAP. VIII.

Concerning the Vifne, or Place from whence the Fury shall come, &c.

Icinetum is derived of this Word Vicinus, Vifne. and fignifieth Neighbourhood, or a Place near at Hand, or a Neighbour Place, where the Question about the Fact is moved. And the moft general Rule (faith Coke 1 Inft. 125,) is, That every Trial fhall be out of that Town, Parish or Hamlet, or Place known out of the Town, &c. within the Record, within which the Matter of Fact iffuable is alledged, which is moft certain and nearest thereunto, the Inhabitants whereof may have the better and more certain Knowledge of the Fact.

Some Place must be alledged fo as an Iffue may be taken; the Omiffion of it is incurable.

As in Debt for Rent, and Nil debet pleaded, and Iffue join'd, at the Day of Nifi prius, the Defendant pleaded a Release after the laft Continuance, but named no Place where the Plaintiff released, so as no Iffue could be taken; and upon a Demurrer the Plaintiff had Judgment, for the Fault was incurable.

So in Error on a Judgment in Debt, pleading a Release of Errors without laying a Venue is ill; and the Plea then amounts to a Confeffion of the Errors.

So an Award pleaded in Bar, without faying where the Award was made, was ruled ill upon Demurrer.

Confideration executory is traverfable, and therefore a Venue must be laid: But in Covenant

against one as Affignee a Venue is not neceffary to be laid, for an Affignment is always intended to be made on the Lands affign'd.

If a Place be alledged and no County where it lies, no Iffue can be upon it; as in a Scire facias upon a Recognizance on a Breach of the Peace. The Breach was affigned in a Ville, but no County mentioned, and the Jury at the Bar were discharged: But in fome Cafes the Ville alledged fhall be intended in the County where the Action is brought, as a Fact laid in Middlefex as done at Iflington; in this Cafe Iflington fhall be intended to be in Middlefex, for it is the Gift of the Action: Indeed, if the Place mentioned be collateral to the Iffue, it is then neceffary to fhew in what County it lies; it fhall otherwife be intended to lie in any County.

So Act of Composition, and a Compofition in pursuance, being pleaded in Bar to Debt upon a Bond, without reciting the Act, or laying a Venue for the Compofition, was adjudged ill; and Judgment for the Plaintiff.

But if Coverture be pleaded to a Writ it needs no Venue, but may be tried where the Writ is brought, and the Defendant muft fhew and prove the Coverture. 'Tis the fame in pleading Infancy.

So Alien Enemy pleaded in Abatement needs no Venue, and fo adjudged on Demurrer; for the Plaintiff might have replied generally born in England, but if pleaded in Bar a Venue is neceffary; and this is the true difference, and -according to Coke, though the Precedents be both Ways.

The Want of a Venue may be aided by plead. ing over; as in Trefpafs, where the Defendant pleads Performance of an Award, but lays no Venue, and the Plaintiff replies a fubfequent A

ward

1

ward, on which the Defendant tenders an Iffue, this is aided by the pleading over.

So in Debt upon a Bond, and the Defendant pleads a Release, this admits the Bond and aids the want of a Venue. Vin. Trial, 91, 92, 93.

And if a Thing be alledged in D. the Venue must not be of D. but de vicineto de D. for otherwise the Neighbourhood would be excluded. Roll. Tit. Trial, 622. pl. 33.

And if the Fact be alledged in quadam platea
vocat. Kingstreet, in parochia fanta Margareta 1 Inft. 125.
in Civitate Weftm. in Com. Midd. in this Cafe the

Vifne cannot come out of Platea, because it is
neither Town, Parish, Hamlet, nor Place out Parish.
of the Neighbourhood, whereof a Jury may
come by Law; but in this Cafe it fhall not come
out of Westminster, but out of the Parish of St.
Margaret, because this is the most certain. Buc
therein alfo it is to be noted, that if it had
been alledged in Kingftreet, in the Parish of St.
Margaret in the County of Middlefex, then
should it have come out of Kingstreet; for then
fhould Kingstreet have been efteem'd in Law a
Town: For whenfoever, a Place is alledged ge-
nerally in Pleading, (without fome Addition to
declare the contrary, as in this Cafe it is) it fhall
be taken for a Town.

Town.

I

Moor 559.

And albeit Parochia generally alledged, is a Parochia. Place incertain, and may (as we fee by Expe- 1 Inft. 125.b. rience) include several Towns; yet if a Matter be alledged in Parochia, it fhall be intended in Law, that it containeth no more Towns than one, unless the Party do fhew the contrary. But when a Parifh is alledged within a City, there without Question the Vifne fhall come out of the Parish, for that is more certain than the City. If a Matter be pleaded done apud Bradford in Forfield in Parochia de Belbroughton, the Venue 13

thall