Section III

Sheriff, on Writ of Hab. Corp^a &c. to return Freeholders or Copyholders of County, where Cause is tried, &c. as Talesmen.; Challenge.; Judge may proceed to Trial with the Jury before impanneled and returned with the Talesmen.; Judge may fine such Freeholders, &c. returned as, Talesmen, not appearing or afterwards withdrawing.

And forasmuch as very frequently unfitt Persons are named by Sheriffs or their Under-Sheriffs to serve as Jurors upon the Tales where a Tales may be prayed or demanded by virtue of the Statute in that Case provided Be it further enacted by the Authority aforesaid That in every Writt of Habeas Corpora or Distringas with a Nisi prius where a full Jury shall not appeare before the Justices of Assize or Nisi prius or else after Appearance where by Challenge of either of the Parties the Jury is like to remaine untaken for Default of Jurors the Sheriff or other Minister or Ministers to whom it shall appertaine to returne the Tales-men shall upon the awarding the Tales att the Co[m]mand of such Justice or Judge of Assize returne Freeholders or Coppyholders of the County where the Cause is to be tryed who shall be returned upon some other Panel to serve att the same Assizes and shall be then attending the Court where such Tryal is to be hadd to serve upon such Tales and not any others if so many out of the other Pannels be p[re]sent in Court or can there be found And that either of the Parties Plaintiff or Defendant Demandant or Tenant shall and may have his Challenge to the Jurors so named added and annexed to the said former Panel by the Sheriff or other Minister or Ministers aforesaid in such wise as if they had been impanelled upon the Venire facias awarded to try the Issue And that the said Justices and Judge of Assize shall and may proceed to the Tryal of every such Issue with those Persons who were before impanelled and returned with these Tales-men so newly added and annexed to the said former Panel by Virtue of this Act in such Case as hee or they might and ought to have done if all the said Jurors returned upon the Writt of Venire facias awarded to try the said Issue had appeared to try the same And that all and every such Tryal had after the Foure and twentieth Day of June One thousand six hundred ninety six shall be good and effectuall in the Law to all intents constructions and purposes whatsoever And in case any such Freeholder or Copy-holder as the said Sheriff or Minister or Ministers shall returne upon the Tales as is aforesaid being present att such Returne made shall be called and not appeare or after his or their Appearance shall wilfully withdraw himselfe from the said Service then in such Case the Justices or Judge of Assize who shall award such Tales shall and may sett a Fine upon every such Person making default or wilfully withdrawing himselfe.