Venire facias

Lat.

In practice. A judicial writ, directed to the sheriff of the county in which a cause is to be tried, commanding him that he "cause to come" before the court, on a certain day therein mentioned, twelve good and lawful men of the body of his county, qualified according to law, by whom the truth of the matter may be the batter known, and who are in no wise of kin either to the plaintiff or to the defendant, to make a jury of the country between the parties in the action, because as well the plaintiff as the defendant, betwcen whom the matter in varianco is, have put themselves upon that jury, and that he return the names of the jurors, etc. 2 Tidd, Pr. 777, 778; 3 Bl. Comm. 352.

— Venire facias ad respondendum. A writ to summon a person, against whom an indictment for a misdemeanor has been found, to ap-risar and be arraigned for the offense. A justice's warrant is now more commonly used. Archb. Crim. PI. 81; Sweet.

— Venire facias de novo. A fresh or new venire, which the court grants when there bas been some impropriety or irregularity in refurning the jury, or where the veniict is so imperfect or ambiguous that no judgment can be given upon it, or where a judgment is reversed on error, and a new trial awarded. See Bosseker v. Cramer. 18 Ind. 44 : Maxwell v. Wright, 160 Ind. 515, 67 N. E. 267

— Venire facias jnratores. a judicial writ 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 common-law procedure act, l852j and by section 105 a precept issued by the judges of assize is substituted in its place. The process so substituted is sometimes loosely spoken of as a "venire." Brown

— Venire facias tot matronas. A writ to summon a jury of matrons to execute the writ de ventre inspiciendo.

practice, crim. law. According to the English law, the proper process on an indictment for any petit misdemeanor, on a penal statute, a writ called venire facias is issued. It is in the nature of a summons to cause the party to appear. 4 Bl. Com. 18; 1 Chit. Cr. Law, 351.