Page:The statutes of Wales (1908).djvu/346

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214
THE STATUTES OF WALES
[A.D. 1773

directed to be made at such Court, and for the further Purpose of taking and proclaiming Fines, and arraigning Recoveries in such Court or Courts of each respective Great Session and Assizes, within their several and respective Circuits and Counties aforesaid, which Person or Persons so appointed shall have full Power and lawful Authority so to do.

5. Provided always, and be it further enacted, That his Majesty, his Heirs and Successors, shall and may, under his and their Royal Sign Manual, appoint one or more Person or Persons, learned as aforesaid, to execute the said Office of Justice in the said County Palatine of Chester, or in any of the said Counties of Wales, for the then next ensuing Great Sessions, in the Place and Stead of any of the said Justices, who shall, by Illness, be prevented attending upon such Great Sessions, and so often as the Necessity of the Case shall require; any Law, Usage, or Custom, to the contrary thereof in any wise notwithstanding.

"6. And whereas it is conceived that the Suitors in the Court of the King's Great Sessions in the Dominion and Principality of Wales will, in many cases, experience great Benefit and Advantage by having their Suits tried by Special Juries"; be it therefore further enacted by the Authority aforesaid. That the Justices of his Majesty's Great Sessions in Wales, upon Motion made on Behalf of his Majesty, his Heirs or Successors, or on Motion of any Prosecutor or Defendant in any Indictment or Information of any Misdemeanour, or on the Motion of any Plaintiff or Plaintiffs, Defendant or Defendants, in any Action, Cause, or Suit whatsoever, depending, or to be brought and carried on, in any of his Majesty's Courts of Great Sessions in Wales, shall and may, in case such Justices in their Discretion shall think fit, order and appoint a Jury to be struck before the proper Officer of such Courts, for the Trial of any Issue joined in any of the said Cases, in such Manner as Special Juries have been usually struck in the Courts of Law at Westminster, upon Trials at Bar had in the said Courts; which Jury so struck as aforesaid shall be the Jury returned for the trial of such Issue as aforesaid.

7. Provided always, and be it further enacted by the Authority aforesaid, That the Person or Party who shall, by virtue of this Act, apply for such Special Jury, shall not only bear and pay the Fees for striking such Jury, but shall also bear, pay, and discharge all the Expences occasioned by the Trial of the Cause by such Special