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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 590   View pdf image (33K)
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590 Assembly Proceedings, May 16-July 11, 1747.

Session Laws

be so summoned, and shall neglect or refuse to appear, shall incur
the same Penalties and Forfeitures as Jurors summoned to the
Provincial Court are liable to, rating Tobacco at ten Shillings per
Hundred; 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 :

Allowance

to Jurors

And that every Grand Jury shall have an Allowance not exceeding
five hundred Pounds of Tobacco, tor every Assize; and every Petit
Juror twenty Pounds of Tobacco for every Day's Attendance; to be
assessed in the County Levy as usual, besides the full Fees for Ver-
dicts in Civil Cases.
And, to prevent Partiality by Grand 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

Grand Jur-
ors to be
Chosen by
Ballot: As
also

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 ap-
pear, shall be Grand Jurymen, and none others. Provided, 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 or County Clerk that should happen
to be drawn.

Petit Jurors

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 of the Court, may
and shall in open Court draw out twelve of the said Papers one
after another; and if any of the Persons whose Names shall be so
drawn shall not appear, or be challenged and set aside, then such
further Number, until the twelve Persons shall be drawn who shall
appear, and after all causes of Challenge, shall be allowed as fair

and indifferent; and the said twelve Persons so first drawn and ap-



 
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Proceedings and Acts of the General Assembly, 1745-1747
Volume 44, Page 590   View pdf image (33K)
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