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Common Law Procedure Act 1852
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CXIIIIf Special Jury not summoned, Cause to be tried by a Common Jury.
In all Cases where Notice is not given to the Sheriff that the Cause is to be tried by a Special Jury, and by reason thereof a Special Jury is not summoned or does not attend, the Cause maybe tried by a Common Jury, to be taken from the Panel of Common Jurors, in like Manner as if no Proceedings had been had to try the Cause by a Special Jury.
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