1776.
had here, on information; and though it will not reſtore him, yet he might have complained to the ſeſſions, where every thing was open.
The order of Seſſions confirmed, with coſts.
Keppele verſus Williams.
A Venire had iſſued, and the Jury was ſummoned: the Plaintiff forbade the Sheriff to bring the Jury to the Court.—On the day of trial, the Plaintiff’s Attorney demanded the Venire.—Defendant’s Attorney oppoſed it, and adviſed the Sheriff to deliver it into Court.
The Jury alſo attended upon the application of Defendant’s Attorney. The Court was then moved for their direction.
They took the Venire and called for the pannell.—The Chief Justice quoting the following authorities, to ſhew, that it would be a contempt to pocket the Venire.—Comb. 303. 4 Mod. 367. Vin. Abr. Tit. Trial 329.
The Plaintiff then moved to continue the cauſe which was allowed, Defendant having no proviſo rule.
Defendant then moved for a proviſo rule, to which Plaintiff objected, and made affidavit of the abſence of a material witneſs, and ſervice of a ſubpœna, on which the motion dropt.
