anonymous before S p in replevin the writ be quare to take in hand averia and  the declaration be quare to take in hand One equan et per Powell this variance  between the writ and declaration be nought even after a verdict which Treby  chief justice deny it be true it be nought upon a demurrer but it be cure by  the Oxford Act after a verdict Salkeld er p Salkeld venire facias a venire  facias ad to answer may be without a day certain because by a appearance the  fault in this process be aid but a venire facias ad triand exit must be  returnable on a day certain upon a indictment before justice of peace in their  quartersession or before justice of oyer and terminer there must be fifteen  day between the testae and return of the venire facias but if the entry be ex  assent a part then the venire facias may be returnable immediate before the  justice of peace c but before justice of oyer and terminer and gaoldelivery a  indictment may be find and try the same day for they may award a venire facias  returnable immediate and so may the king bench for all offence do in Middlesex  that be the county in which that court sit but not for offence do out of that  county because as to such it be not a court of oyer c where a imperfect  verdict be give in a assize the same recognizors may be resummon by  certificate of the assize to explain that verdict because this be hasty remedy  but in all other case where the jury come in by process judicial if a  imperfect verdict be receive and record no alias venire facias or nisi prius  will lie for the same jury but there must be a venire facias de to make new it  be true if a jury be discharge upon a demurrer to the evidence and without  give any verdict there a alias venire facias will lie for the same jury but  where a verdict be set aside there must be avenirefacias de to make new  because the same jury can stand indifferent to try the same cause again a  venire facias de vicineto will c be good in a superior court because their  jurisdiction be general but it be not so in a inferior court because their  jurisdiction be circumscribe to the will only therefore the venire facias must  be de villan and not de vicineto will but this be contradict by the late  authority for it shall be intend that their liberty extend beyond the will  Jones latch Salkeld verdict in a special verdict in trespass bring against sir  Richard Cox baronet Richard Cox Esq and other upon not guilty the jury find a  warrant of a justice of peace command the constable to arrest the plaintiff  army pron  interrog  he be arrest and that the constable require the other  defendant to assist he to convey the plaintiff before a justice of peace and  that they bring he to the constable house and that predict Richard Cox mile  send for the constable and command he to put the plaintiff in the stock  whereas there be do such person as preceding Richard Cox mile beforementioned  in the record but Richard Cox baronett et per curian this make the verdict  very uncertain the jury be charge at the assize with a issue concern a co old  and one of they after they be go from the bar have a courtroll deliver to he  and tell the rest that he know the matter and that it be for the plaintiff but  the other eleven be of another opinion before they see the roll leave the  matter to this juror and so they bring in a verdict for the plaintiff but it  be set aside and a new trial grant