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. ...T. Waller, 1766 - Forms (Law) |
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Action adjudged affefs Affife Affize aforefaid againſt alfo alledged allocatur Arreft Attaint awarded Bailiff Baron and Feme becauſe Cafe Caufe Cauſe Chal challenge the Array Cofts Common Law Coroners Court Cuſtom Damages Debt Decies tantum Default Defendant plead Demurrer Detinue dict Diftringas diſcharged doth Eliz Evidence faid faid County fame Favour fendant feveral fhall be tried fhew fhould firft fome fpecial Freehold fuch fufficient fummoned fworn guilty hath himſelf Ibid Iffue Indictment Inft Inqueft Judges Judgment Juftices Jurors Jury find King Land Leffor lenge Lord Manor Matter muft muſt Nifi prius Number otherwife Panel Party Perfons Plaintiff Plea pray prefent principal Challenge Procefs quafhed quod Reafon Record refpectively Releaſe Replevin returned Roll Seffions ſhall Sheriff Statute Tenant thefe theſe thofe thoſe Trefpafs Trial fhall tried per Pais Triors twelve uſed Venire facias Venue Verdict verfus Vide Vifne Writ
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Page 228 - 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 228 - ... 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 150 - 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 136 - ... 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 95 - ... 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 95 - ... 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 147 - 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 200 - ... 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 92 - And be it further enacted by the Authority aforefaid, That it fhall, and may be lawful to...
Page 266 - ... 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...