Juries Act 1695

Recital of Inconveniences by Delays of Trials at the Assizes, and by the partiality of Sheriffs, &c.

Plaintiff not going to Trial at First Assises (Exception) to sue out a new Writ of Venire Facias.

Whereas for Tryals of Causes upon Writts of Nisi Prius and other Causes att Assizes the Sheriffs do returne a competent Number of Jurors for such Services But it often happens that many of the Causes which are brought downe for Tryal do not go on to be tryed att the First Assizes but are brought downe againe to be tryed att some other subsequent Assizes whereby the Jurors returned to try such Causes are compelled to attend att several Assizes for Tryal of One and the same Cause to their very great Expence and Trouble And forasmuch as by Partiality and Favour of Sheriffs the Corruption of Officers and many other Evil Practices the Service of Jurors hath been found to be very Burthensom and Grievous For Remedy whereof Be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Co[m]mons in this present Parliament assembled and by the Authority of the same That if att any time hereafter any Plaintiff or Demandant in any Cause depending in any of the Courts att Westminster which shall be att Issue shall sue forth or bring to any Sheriff any Writt of Venire facias upon which any Writt of Habeas Corpora or Distringas with a Nisi Prius shall issue in order to the Tryal of such Issue att the Assizes and that such Plaintiff or Demandant shall not proceed to the Tryal of the said Issue att the said first Assizes after the Teste of every such Writt of Habeas Corpora or Distringas with a Nisi Prius That then and in all such Cases (other than where Views by Jurors shall be directed) the Plaintiffe or Demandant whensoever hee shall think fitt to try the said Issue att any other Assizes shall sue forth and prosecute a new Writt of Venire facias directed to the Sheriff in this Forme.

Form of Writ.

Quod de novo Venire facias coram &c duodecim liberos & legales homines de vicineto de A. quor[um] quilt habeat decem libr terre tenementor[um] vel redditum per Annu[m] ad minus per quos &c Et qui nec &c.

Proceeding upon the Return and Filing of such Writ.

And the Residue of the said Writt shall be after the ancient manner which Writt being duely returned and filed a Writt of Habeas Corpora or Distringas with a Nisi Prius shall issue thereupon (for which the ancient and accustomed Fees shall be taken and no more as in the Case of the Pluries Habeas Corpora or Distringas with a Nisi Prius upon which the Plaintiff or Demandant shall and may proceed to Tryal as if no former Writt of Venire facias had been prosecuted or filed in that Cause and so toties quoties as the Case shall, require. And if any Defendant or Tenant in any Action depending in any of the said Courts shall be minded to bring to Tryal any Issue joyned against him when by the Course in any of the said Courts hee mày lawfully do the same by Proviso such Defendant or Tennant shall or may of the issuable Terme next preceeding such intended Tryal to be had att the next Assizes sue out a new Venire facias to the Sheriff in Forme aforesaid by Proviso & prosecute the same by Writt of Habeas Corpora or Distringas with a Nisi Prius as though there had not been any former Venire facias sued out or returned in that Cause and so toties quoties as the Matter shall require.