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Jury may be summoned for trial of all actions for above 20l. except in ejectment and replevin.
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100. In all actions other than in ejectment and replevin, when the amount claimed shall exceed the sum of twenty pounds, it shall be lawful for the plaintiff or defendant to require a jury to be summoned to try the said action, and such jury shall be summoned in the manner herein-after mentioned: Provided always, that the party requiring a jury to be summoned shall, eight days previous to the first day of the sessions at which said jury may be so required, give to the sheriff or leave at his office a notice in writing setting forth that a jury was demanded by such party for the trial of such action; and such notice shall contain the names of the parties to the said action, and the sessions to which said process is returnable; and the said jurors so to be summoned by the sheriff shall be taken from the list of persons now or at any time hereafter liable to serve as jurors at the assizes or quarter sessions of the respective counties; and the sheriff shall cause so many of the jurors of the said court as, in his opinion, he shall deem sufficient (but not less than twelve) to be summoned to attend the said court at a time and place to be mentioned in the said summons; and the persons so summoned shall attend at the court at the time mentioned in the summons . . . : Provided also, it shall be lawful for the said sheriff to summon any person to act on such jury for the trial of such actions as aforesaid who may be summoned to serve on juries for the trial of criminal cases at the same sessions: Provided also, that whenever there are any jury trials, six jurymen shall be empannelled and sworn, as occasion shall require, to give their verdicts in the causes which shall be brought before them in the said court, and, being once sworn, shall not need to be re-sworn at each trial; and the jurymen so sworn shall be unanimous in their verdict: Provided also, that all civil bill cases which shall be tried by any such jury shall be tried and heard on such day of the sessions to which such civil bill process shall be returnable, as to the assistant barrister shall seem fit: Provided always, that in case any assistant barrister upon any hearing, or any judge of assize upon any appeal, shall think it proper to have any fact or facts controverted in any cause at hearing before him tried by a jury, in such case a jury, consisting of not less than three nor more than twelve persons, shall be returned instantly by the proper officer to try such fact or facts as shall seem doubtful to such assistant barrister or judge; and the assistant barrister or judge shall proceed to make his decree or dismiss on the verdict of such jury, or as he shall deem fit.
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