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Notice of trial by special jury to be given to the sheriff.
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3. Where notice has been given to try by special jury either party may, six days before the first day of the assizes or of the term, as the case may be, give notice to the sheriff that such action is to be tried by a special jury; and in case no such notice has been given, or the notice has not been given in sufficient time, no special jury need be summoned to attend, and such traverse shall be tried before a common jury, unless otherwise ordered by the judge before whom the same shall be tried.
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