Venue twice changed. One Sheriff not indiffe Venire de novo dlefex, and the Court upon Affidavit would not change the Venue to Dorchefter. 1 Sid. 405. King verfus Atkins: Action fur Affumpfit was brought in London, and upon the common Aff davit, the Venire was changed to Hampshire; and although it was changed, the Plaintiff in another Term made Affidavit, That his Caufe of Action arofe in Northamptonshire, and upon a Rule, that he would not give in Evidence any Matter out of Northamptonshire, it was laid there, notwithstanding he had first laid it in London. 1 Sid. 442. Where there are two Sheriffs, and one challenged, the Venire fhall be directed to the other Sheriff, and not to the Coroners. Shower 329. Comberb. 191.1 Salk. 144. Carthew 214. If any Plaintiff, or Demandant, being at Iffue, fhall bring to the Sheriff any Writ of Harent, Venue, to beas Corpora, or Diftringas, with a Nifi prius be directed to Iffue, in order to try fuch Iffue at the Affizes, the other.. and fuch Plaintiff or Demandant fhall not proto iffue, where ceed to Trial at the firft Affizes after the Tefte the Parties do of fuch Habeas Corpora, &c. In all fuch Cafes, not proceed to other than where Views of Jurors fhall be diTrial at the rected, the Plaintiff or Demandant, when he after the Teffe hall think fie to try the faid Iffue at any other of the Habeas Affizes, fhall fue forth a new Writ of Venire, Corpora or Di- whereupon the Plaintiff or Demandant may proAringas. firft Affizes ceed to Trial; and so toties quoties, as the Cafe fhall require: So alfo where the Tenant or Defendant hall bring the Caufe to Trial by Pro vifo: 7 & 8 W. 3. cap. 32. By Stat. 3 G. 1. c. 15. fect. 8. It is enacted, That if any High Sheriff of any County of England or Wales, fhall happen to die before the Expiration or Determination of his Year, or before he be lawfully fuperfeded, in fuch • Cafe Cafe the Under-Sheriff, or Deputy Sheriff by him appointed, fhall nevertheless continue in his Office, and fhall execute the same, and all Things belonging thereto, in the Name of the faid deceased Sheriff, until another Sheriff be appointed for the faid County, and fworn in the Manner as is herein after directed. And the faid Under-Sheriff or Deputy-She• riff fhall be anfwerable for the Execution of the faid Office in all Things, and to all Refpects, Intents and Purposes whatsoever, during fuch Interval, as the High Sheriff fo de⚫ ceased would by Law have been, if he had been living; and the Security given to the High Sheriff fo deceased, by the faid Under Sheriff and his Pledges, fhall stand, remain, and be a Security to the King, his Heirs and Succeffors, and to all Perfons whatfoever, for fuch Under Sheriff's due Performance of his Office during fuch Interval." Note; Since the Jury Act 3 Geo. 2. c. 25. the Venire facias must be de corpore comitatus in Actions upon penal Statutes. 2 Str. 1085. CHAP. Venire facias, why the Writ fo called. Statute of CHA P. IV. What Faults in the Venire Facias hall vitiate the Trial, what not. When a Venire Facias de novo fhall be awarded; when feveral Venire Facias's. When the Venire Facias fhall be betwixt the Party and a Stranger to the Iffue; who may have Venire Facias by Provifo, and when. WE E have now fhewed you to what Officer the Venire facias fhall be directed; the next Step in the Writ is Præcipimus tibi quod Venire facias: Which Words Venire facias are the most effectual Words in the Writ, and therefore they give the Denomination to the whole Writ: And here Opportunity is offered us to speak fomething of a Venire facias in general. I am not ignorant how our Books fwarm with Cafes, which arife from the Defects in this Procefs, and how that Verdicts have been fet afide, Judgments ftayed and reverfed, for want of fufficient Returns, Mifawarding, Difagreement with the Rolls, Difcontinuance, and many other Faults in this Writ. But the Statutes of Jeofails (efpecially the Statute 21 Jac. 1. cap. 13.) have pardoned (as I may fo fay) thefe Enormities: As, The Awarding his Writ, Hab. Corpora, or Distringas, to a wrong Officer, upon any infufficient Suggeftion, or by Reafon the Vifne is in fome Part mifawarded, or fued out of more Places or fewer Places than it ought to be, so as fome Place be right named: The Mifnaming of any of the Jury, either in Surname, or Addition in any of the faid Writs, or in any Return thereupon, so that upon Examination it be proved to be the fame Man that was meant to be returned; or if no Return be upon any of the faid Writs, fo as a Panel of the Names of the Jurors be returned, or annexed to the faid Writ; or if the Sheriff or Officer's Name, having the Return thereof, is not fet to the Return of any fuch Writ, fo as upon Examination it be proved that the faid Writ was returned by the Sheriff or Under Sheriff, or fuch other Officer: In all thefe Cafes the Judgment fhall not be stayed nor reverfed for these Defects. But this Act doth not extend to any Writ, Declaration, or Suit of Appeal of Felony or Murder, nor to any Indictment or Prefentment of Felony or Murder, or Treafon; nor to any Process upon any of them; nor to any Writ, Bill, Action, or Information upon any popular or penal Statute; wherefore, fince Informations and popular Actions are grown fo frequent, the Attornies, &c. herein had beft beware of these Feofails. By this Statute many Defects are remedied, Popular AЯiwhich are not by the Statutes of 32 H. 8. on, &c. cap. 20. and 18 Eliz. cap. 14. yet all are not; for this Act only helps the Mifnaming of a Juror in Surname, or Addition, and faith nothing of his Chriftian Name: Wherefore I conceive the Law in Codwell's Cafe, in the fifth Report, Christian as it was then; which is, that if a Juror be Name miftamifnamed in his Christian Name on the Venire, ken in the though he be named right in the Distringas Venire facias, and Poftea, yet this is ill, and not amendable; and with this agrees Goddard's Cafe, Cro. 2 Part 458. And incurable. Chriftian Name right in the Venire facias, and wrong in the Diftringas. And fince the Court (Cro. Car. fol. 203.) doubted thereof, I may well put the Question; If a Juror be right named upon the Venire, and mifnamed in his Chriftian Name in the Diftringas, &c. whether this is amendable, or not? Without Difpute it is not by the Statute of 21 Jac. for that only helps the Surname. But with Reverence to the Court's Doubt, I conceive clearly, it is holpen by the Statutes of 32 H. 8. and 18 Eliz. as a Difcontinuance of Procefs; and I may with the more Confidence believe it, becaufe in Codwell's Cafe aforefaid, where, in the Panel of the Venire, a Juror was named Palus Cheale, and in the Distringas, &c. he was right named Paulus Cheale; and fo, because he was mifnamed in his Chriftian Name in the Venire, Judgment was arrested. But it is there adjudged, That if he had been well named upon the Venire, and mifnamed on the Diftringas or Poftea, then upon Examination it fhould be amended. But the Countess of Rutland's Cafe, Lib. 5. 42. is express in the Point, and fo is Cro. Eliz. 860. Rol. 196. Tepper in the Venire, and Tipper in the Diftringas, amended. And so if the Miftake be in the Panel Jurata, the Sheriff may come into Court and amend it. And fo if Samuel be in the Venire and Diftringas, and Daniel in the Nomina Juratorum, upon Examination, this may be amended. And fo if the Name be right in the Venire, and mistaken in the Chriftian Name in the Diftringas or Poftea, it is amendable. Rol. 197. And so if he be de A. in the Venire and Diftringas, and de B. in the Nomina Juratorum, this is amendable. And it is to be known, that in moft Cafes where the Venire facias, Habeas Corpora, or Diflringas |