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Costs of Special Juries in case of a Nonsuit.
6 G.4. c.50.
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XXXV. ‘And whereas it is provided in and by a Statute passed in the Sixth Year of the Reign of His late Majesty, intituled An Act for consolidating and amending the Law relative to Jurors and Juries, that the Person or Party who shall apply for a Special Jury shall pay the Fees for striking such Jury, and all the Expences occasioned by the Trial of the Cause by the same, and shall not have any further or other Allowance for the same, upon Taxation of Costs, than such Person or Party would be entitled unto in case the Cause had been tried by a common Jury, unless the Judge before whom the Cause is tried shall, immediately after the Verdict, certify under his Hand, upon the Back of the Record, that the same was a Cause proper to be tried by a Special Jury: And whereas the said Provision does not apply to Cases in which the Plaintiff has been nonsuited, and it is expedient that the Judge should have such Power of certifying as well when a Plaintiff is nonsuited as when he has a Verdict against him;’ be it therefore enacted, That the said Provision of the said last-mentioned Act of Parliament, and every thing therein contained, shall apply to Cases in which the Plaintiff shall be nonsuited as well as to Cases in which a Verdict shall pass against him.
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