We have no doubt that we have power to award a venire facias de novo. It tends to the despatch of justice, as it prevents delay;, and there can be no reason against it but want of precedent in this court, for the cases cited seem to shew full authority. The practice of the Supreme Court of the United States, although not binding upon us, will always command great consideration.

Judgment that the record be remitted with award of Venire de novo.