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liable to: And that no Person that is not .incapable, or disqualified
by Law, to serve as a Juror, shall have any Exemption, except Coun-
cillors, Provincial Justices, Clergymen, and practising Physicians or
Chyrurgeons; nor shall Grand Jurors be exempt from serving as
Petit Jurors, in Civil Cases, at the same Assizes of Oyer and Ter-
miner, and Gaol Delivery, they are returned to serve in. And that
every Grand Jury shall have an Allowance, not exceeding- Four
Hundred Pounds of Tobacco for every Assize; and every Petit Juror
Fifteen Pounds of Tobacco for every Days Attendance, to be assessed
in the County Levy, as usual, besides the lawful Fees for Verdicts
in Civil Cases.
And to prevent Partiality in Trials, by Jurors, Be it Enacted,
That the Name of each and every Person who shall be summoned
and impannelled as a Petit Juror, shall be written in several distinct
Pieces of Paper, being, as near as may be, of equal Size and Bigness,
and shall be delivered to the Clerk of the Assize, or such other Person,
as the said Justices shall appoint; and by the Care of the Clerk, or
such Person as shall be appointed, as aforesaid, be all rolled up, as
near as may be, in the same Manner, and put into a Glass or Box,
to be provided for that Purpose. And when any Cause shall be
brought to be tried, some indifferent Person, by Direction of the
Court, may and shall, in open Court, draw out Twelve of the said
Papers, one after another: And if any of the said Persons, whose
Names shall be so drawn, shall not appear, or be challenged and
set aside, then such further Number, until Twelve Persons shall be
drawn, who shall appear, and after all Causes of Challenge, shall be
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allowed as fair and indifferent: And the said Twelve Persons so
first drawn and appearing, and approved as indifferent, their Names
being marked in the Pannel, and they being sworn, shall be the Jury
to try the said Cause; and the Names of the Persons so named, and
drawn, and sworn, shall be kept in some other Box or Glass to be kept
for that Purpose, till such Jury shall have given in their Verdict, and
the same is recorded; or until such Jury shall, by Consent of Parties,
or Leave of the Court, be discharged; and then their Names shall
be rolled up again, and returned to the former Box or Glass, there
to be kept with the other Names remaining at that Time undrawn,
and so, as often and as long as any Cause shall remain then to be
tried.
Provided always, That if any Cause shall be brought to Trial,
before the Jury in any other Cause shall have brought in their Ver-
dict, or be discharged, it shall and may be lawful for the Court to
order Twelve of the Residue of the said Papers, not containing the
Names of any of the Jurors who shall not have brought in their
Verdict, or be discharged, to be drawn in such Manner, as is afore-
said, for the Ti ial uf the Cause which shall be so brought on to be
tried.
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