castle and Bambridge and Corbet vide ante Mr Kettleby and Mr strange move now  that the defendant may be discharge for a discontinuance in the prosecution  the writ of appeal they say be returnable the three day in the term issue join  of the second day but enter as of the first but yet they have a affidavit to  produce which be make but two day ago that all this while they have not take  out a venire they say if the fact be so this be a discontinuance and the case  of Bradley and bank report in cro Yelv be in point to this purpose Mr reeves  on the other side produce a venire test the first day in term and returnable  to day which be quindena Martini Mr Kettleby and Mr strange then look upon the  writ and find upon the back of it that the writ be make out the d month of our  sheriffalty by this they say it appear the writ be make out in the month of  November for the sheriff of London be appoint in October and therefore here be  a long unnecessary interval of time between the return of the appeal and the  make out the next immediate process this far appear too from the venires be  under the seal of the court the twenty of this month but the court say the  case rely upon by no mean warrant the present exception for there the next  process be test seven day after the return of the first but here it be test  the very same day and they say no instance can be give they believe where it  be hold that the next process must be take out actual the same day with the  return of the first the defendant counsel then take a objection that at least  the venire ought to be return on the first proper return day and that be  tomorrow Martini but the present writ be returnable quindena Martini Mr reeves  answer to this that there be a precedent in raze exact as this be and upon  that he rely and upon a former motion when a complaint be make against the  appellant for not have have a return of her venire as soon as she may Mr  tailor the attorney say that the reason be because there be force to be a  return of a great many juror upon the panel the court say this be a point  which very well deserve to be speak to and there Barnardiston king b before  desire they may be attend with precedent before they will give their opinion  the defendant think that the argue of this point may be some delay desire  rather to waive it and go to trial upon the merit as soon as they can but then  their counsel desire that the return to the venire may be file as it be now in  court but the court say the venire be bring in by the appellant attorney and  not by the sheriff for this particular purpose to show that they have not be  negligent in the proceed and beside the sheriff have the whole day to make his  return in and they can not tell but he may have occasion to alter it accord  the court do nothing in it vide post