Andrews wilks against eames the cost of a special jury except those of strike  it which by geo c be to be pay by the party apply for it must be pay by the  lose party note this be alter by geo ch which enact that the party apply shall  beside the cost of strike also pay all the expense occasion by such special  jury and be allow only what he will be entitle to if the trial have be by a  common jury unless the judge shall immediate after the trial certify in open  court under his ban upon the back of the record that it be a cause proper to  be try by a special jury SC stram a action be bring on a policy of insurance  which be try by a special jury strike at the instance of the defendant at nisi  prius in London and the plaintiff be therein nonsuit and it be now move by  solicitor general strange for the plaintiff that the master may review his  taxation of cost on the nonsuit and that twelve guinea allow for bring the  jury to the bar may be disallow and strike out of the bill and he argue that  the cost of the strike which be the word use in the statute of geo cap sect  include all the cost relate to the jury that be the proper and legal manner of  express it and be object also to the quantum here allow for that a special  jury be entitle to no more than a common one and though the practice be to pay  they more this be mere matter of generosity and ought not to be reimburse by  the other party on the other side Mr Wilbraham and Mr Robinson cite the case  of sir John eyles a in the common plea where it be determine that the party  pray a special jury shall pay the cost of the strike only but that the  subsequent expense shall stand on the same foot with the other cost and in sir  Thomas wheats case in easter term last in this court where a trial have be by  a special jury strike at the prayer of the plaintiff and a verdict be give for  he it be move that the cost subsequent to the strike shall be pay to the  plaintiff and a rule to show cause be grant and afterward make absolute  without opposition and it be also say by the defendant counsel in the  principal case that the practice of the exchequer be agreeable with the  determination in the say case of sir John eyles Andrews note in the present  case two guinea apiece be give to ten of the juror and half a guinea apiece to  the other two these be talesmen and Mr clark master of the king bench office  certify that he never allow less than a guinea Andrews er p to each special  juror in London and it be say by the master of the crownoffice that the  practice there be to allow the cost subsequent to the strike and the whole  court be of opinion that all the cost attendant upon trial by special jury  stand on the same foot now as they do before the Act except the cost of the  strike and consequent must be pay by the loser for the statute must not be  extend further than the word of it and lee c j say that he have be inform by  the Lord chief justice of the common plea a that it be so settle and be the  constant practice in that court and the court say that though it be not usual  before the say Act to grant special jury without consent yet in some instance  and for special cause it be and may be do and in all case where a special jury  be grant whether with or without consent the loser always pay the cost and lee  ic j cite the king and Burridge b Pas geo where upon search it be find that no  special jury have be grant for thirty year then last pass without consent and  the Lord chief justice Pratt be there of opinion that the court may grant a  special jury without consent but the other judge differ as to the quantum here  allow the chief justice say he know do instance where any particular direction  have be give as to this point but the case of the corporation of Bewdley which  be a trial at bar by a Worcestershire jury and there it be direct that five  guinea apiece shall be give to the juror but as page just say that first go on  the common rule for taxation of cost general and afterward twenty guinea be  allow to each juror the court low it so here the plaintiff be to pay the cost  general and if the master carry they Andrews to excess the court may mitigate  the allowance and probin just say that be know no reason why special juror  attend a trial in the country shall have more allow they than a common jury  the other be general more able and better qualify to serve their country than  these the motion be therefore deny a prac Reg c b note by geo c none who shall  serve or be return on a special jury shall take more than the judge who try  the cause shall think just and reasonable not exceed one guinea except in  cause wherein a view have be direct a sir John will b Lord raym stram