Venire

I. To come, to appear, — the name of a writ by wjiich a jury is summoned. Venire facias: cause you to come; a judicial writ, directed to the sheriff, commanding him to cause twelve good and lawful men of the body of the county to come before the court for a jury,^— in the United States commonly employed, but in England, though sued out, not used, the jury being in fact summoned under a writ called a distringas juratores, which is issued with the venire; — ad respondendum: cause you to come to answer; a writ to summon to answer to any crime under felony or treason; — de novo: In the civil and old English law. To come; to appear in court; to arrive, as a time or day; to come to, or into; to become subject to. Venire in crimen: to be accused of a crime.

To come; to appear in court. Tarde venit. It came late. A return that a writ came into the officer's hands too late to be executed before the return day named in the writ. The single word tarde is sometimes used. 1 Argentine Mining Co. v. Ten-ible Mining Co., 123 U. S. 478, 485 (1887); Acts of 1866, 1872. 2 L. vendere, to sell. ' Eutland v. Brister, 53 Miss. 685 (1876), Simrall, C. J. * Amer v. Hightower, 70 Cal. 442^3 (1886), cases. s See 26 Am. Law Eeg. 247-SO (1886), cases, note to Farwell v. Meyers, 59 Mich. 179 (1886). Damages tor non-fulfillment of contract, 22 Cent. Law J. 152 ( Venire facias. That you cause to come. A writ commanding that jurors be summoned. The emphatic words in the old Latin writ, the full expression being venire facias juratores. Often termed simply the venireA Venireman. A person who appears, as a juror, in obedience to the command of a venire facias. This word would seem, in Virginia, to be contrasted with " talesman," a by-stander who is taken as a juror. 2 The common-law venire commanded the sheriff to, "cause to come" a certain number of jurors; and the command included: the selection of the names of qualified men, summoning the persons drawn, a return of the writ, with the sheriff's action under it, whereby he "returned and delivered in " the jury to the court — showing the identity of the persons appearing with the persons drawn, ^ Venire facias de novo. That you cause to come anew. An order, by a court of review, that^a new trial be had; also, the writ which summons jurors for such a trial. Shortened to venire de novo. The award of a venire de novo is in no instance more than an order for a new trial in a cause in which tfa6 verdict or judgment is erroneous in matters of law. It is never equivalent to a new suit.* A trial de novo does not mean a trial on appeal with nothing but the record to correct errors, but a trial of the entire case anew, including hearing evidence, whether additional or not^ When the court of review reverses a judgment entered upon a verdict for the plaintiff, but awards no venire de novo, the reversal constitutes no bar to another suit for the same cause of action.^

To come; to appear in court. This word is sometimes used as the name of the writ for summoning a jury, more commonly called a venire facias. Venire facias. That you cause to come. The emphatic clause, used also as the name, of a writ commanding the sheriff to cause to come before the court twelve good and lawful men, &c., qualified as a jury. Though nominally the effective writ for summoning jurors, the distringas (q. V.) long since supplanted the venire facias in English practice, and the venire has been abolished. In some of the United States, the venire has been dispensed with, as a general rule; but in most of them it is still in use. The writ is also termed, more fully, a venire facias juratores. Venire facias juratores. Was a writ judicial directed to the sheriff, when issue was joined in an action, commanding him to cause to come to Westminster, on such a day, twelve free and lawful men of his county, by whom the truth of the matter at issue might be better known. This writ was abolished by section 104 of the commonlaw procedure act, 1852, and by section 105 a precept issued by the judges of assise is substituted in its place. The process so substituted is sometimes loosely spoken of as a venire. Brown. Venire facias de novo. That you make to come anew. The name of a second jwrit of venire facias, issued to summon a jury for a second trial. In American books, the expressions, to grant a new trial, and a venire de novo, are often used as if equivalent; there is, however, in strictness, this distinction, that venire de novo is awarded as of right for error appearing of record, while new trial is largely obtainable by motion addressed to discretion and founded on extrinsic facts, such as separation of jurors; surprise; excessive damages, &c. Veait et defendit He comes and defends. Venit et dicit. He comes and says.

or VENIRE FA-