400 Assembly Proceedings, Sept. 21-Oct. 29, 1742.

Session
Laws

Days before the first Tuesdays in April and September Yearly, of
his Intention to insist on a Tryal, and that if after such Notice given,
the Causes shall be delayed until another Assizes, the Party causing
such Delay, shall pay all the Cost and Charge that shall be occasioned
thereby.

Grand and
Petit Juries
to be sum-
moned Ten
Days before
the Assizes
begin.

And be it Enacted, That the several Sheriffs shall summons Fifty
of the most capable and substantial Freeholders within their Baili-
wicks, ten Days before the Assizes shall begin in the respective Coun-
ties, as Grand and Petit Jurors; and that every Freeholder that shall
be so summoned, and shall neglect or refuse to appear, shall incur
the same Penalties and Forfeitures, as Jurors summoned to the Pro-
vincial Court are liable to, rating Tobacco at Ten Shillings per Hun-
dred; and that no Person that is not incapable or disqualified by
Law to serve as a Juror, shall have any Exemption, except Coun-
sellors, Delegates, 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 Terminer, and Goal Delivery, they are returned to serve in; and
that every Grand Jury shall have an Allowance not exceeding Five
Hundred Pounds of Tobacco for every Assize, and every Petit Juror

p. 16

Twenty Pounds of Tobacco, for every Day's Attendance, to be
assessed in the County Levy as usual, besides the lawful Fees for
Verdicts in civil Cases; and to prevent Partiality by Grand Jurors,

Manner
of chusing
the Grand
and Petit
Jurors.

Be it Enacted, That the Name of every Person summoned as a
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 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, 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 that the said Justices, in open Court, shall direct to be drawn
by some indifferent Person out of the said Glass or Box, a sufficient
Number for a Grand Jury, and that such Persons as shall be drawn,
and then appear, shall be Grand Jury-men, and none others. Pro-
vided, That in case any the County Magistrates, or their Clerk,
should be drawn, they shall not be of the Grand Jury, but that others
shall be drawn in the Place of any Magistrate that should happen to
be drawn. And to prevent Partiality in Tryals 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 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