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And be it enacted, That every Instance of wilful and unwarranted Departure on the Part of any Sheriff from the Provisions of this Act in regard to the making up of Lists, and of returning of Jurors to any Court, shall subject such Sheriff in a Penalty of Fifty Pounds, to be recovered by summary Complaint before the High Court or Circuit Court of Justiciary; One Half of which Penalty shall belong to His Majesty, and the other Half to the Party suing for the same : Provided always, that no Irregularity in making up the Lists as .herein directed, or in transmitting the same, or in the Warrant of Citation, or in summoning Jurors, or in returning any Execution of Citation, shall constitute an Objection to Jurors whose Names shall be served on any Person accused of any Crime, reserving always to the Court to judge of the Effect of an Objection founded on any felonious Act by which Jurors may be returned to serve in any Case contrary to the Provisions of this Act.
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