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Grand jury to be called over at stated times by foreman.
Penalty for default of attendance.
Penalty for neglect of foreman.
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36. Each grand jury shall, for the whole period during which they shall sit, be called over each morning at sitting by the foreman of such jury, and at all other times when the number of grand jurors present shall be less than by law required for the performance of the functions of a grand jury; and any grand juror who shall make default in his attendance at any of such times, shall for every such default incur a penalty of forty shillings, and such default shall be reported by the foreman to the judge of assize; and unless the same shall be excused on the ground of illness, or other good and substantial reason to the satisfaction of such judge, such fine and penalty shall be by the said judge confirmed and declared absolute, and recovered and applied in the same manner as fines and penalties imposed on jurors for any defaults or misbehaviour may now by law be recovered and applied; and if the foreman shall fail to call over the jury at the times herein-before appointed, or to report the absence of any juror upon such call, he shall incur a penalty of ten pounds for each such default, to be in like manner recovered and applied; provided that nothing herein contained shall limit or affect the authority of any judge to enforce the attendance of any grand juror as such judge may now enforce such attendance.
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