case SANKILL against stocker a trial by a tale where only instead of juror be  return be erroneous although of the who try the cause be of the panel post S C  Jones roll ab a misreturn to a venire facias be aid by the statute of Jeofails  dougl term Rep action for word after verdict for the plaintiff it be move in  arrest of judgement that here be a mistrial not aid by any statute for upon  the venire facias there be but twentythree juror return where there ought to  have be twentyfour and the trial be make by ten of the principal panel and two  of the tale de A standing round but Jones Whitlock and hide chief justice  conceive that the trial be make the nonreturner of the twentyfourth be but a  misreturn of the sheriff which croak car er p be aid by the Elizabeth c and  for this the case of Terrill v gardener a be cite where upon the venire  twentythree wear return and the trial be by twelve of they that be good and  aid by the statute but against that it be urge by Maynard and I myself be of  that opinion that where the trial be by twelve of the principal croak car it  be good but if there be not twelve of the principal swear it shall not be good  and for this purpose be cite the case of calthorp v news a where in like  manner a trial be by ten of the principal and two of the tale and it be  adjudge a mistrial whereupon it be adjourn but afterward upon conference with  the justice of both SerjeantsInns the great part of they conceive it be but a  misreturn and aid by the Elizabeth c and James c and although the trial be by  two of the tale it be not material to the party nor prejudicial to any of they  but only to the juror who lose their issue and it be but a misreturn by the  sheriff be aid by the statute whereupon it be adjudge for the plaintiff b  croak car michaelmas term car in the king bench sir Thomas Richardson Knt  chief justice sir William Jones Knt sir James Whitlock Knt sir George croak  Knt justice William Noy Esq attorney general sir Richard Sheldon Knt solicitor  general case memorandum in this vacation videlicet August sir Nicholas hide  chief justice of the king bench be a grave religious discreet man and of great  learning and piety die at his house in the county of Southampton and sir  Thomas Richardson chief justice of the common plea be make chief justice of  the king bench and swear the that of October he come to the say bench attend  with diverse of the sergeant and be in the court after a speech by the Lord  keeper signify the king pleasure and his answer short thereto he be swear and  his patent read which be a writ under the great seal direct to he by the name  of Thomas Richardson chief justice of the common plea that the king have  appoint he to be chief justice of the plea before himself to be hold and  command he to attend the say office which be read be take his place in the  court the same day sir Robert heath be swear sergeant in chancery and on the  that of October be Tuesday come in his particoloured robe to the common plea  and perform his ceremony as sergeant and the same day keep his feast at  sergeantsinn in Chancerylane and give ring to every of the judge quorum  inscription to be law king vis law and afterward upon the that of October be  Thursday he be swear chief justice of the common plea the next day after  William Noy one of the reader of Lincolnsinn be make king attorneygeneral