Number 37 of 1926.
JURIES (DUBLIN) ACT, 1926.
ARRANGEMENT OF SECTIONS
Section | |
Number 37 of 1926.
JURIES (DUBLIN) ACT, 1926.
Definitions.
1.—In this Act—
the expression “the city under-sheriff” means the under-sheriff for the city of Dublin, and
the expression “the county under-sheriff” means the under-sheriff for the county of Dublin.
Formation of jury panels.
2.—(1) Notwithstanding anything contained in this Act it shall continue to be the duty of the city under-sheriff and of the county under-sheriff respectively to apply for a precept for the summons and return of jurors on the like occasions and in the like manner as heretofore, but the precept issued in pursuance of any such application by either such under-sheriff shall be addressed to both the said under-sheriffs and a copy of such precept shall be given or sent to whichever of the said under-sheriffs did not apply for the precept.
(2) Every precept issued under the foregoing sub-section of this section shall be expressed and shall operate to require the city under-sheriff and the county under-sheriff jointly to summon and return in the manner prescribed by this Act a sufficient number of special jurors and of common jurors or of special jurors or of common jurors (as the case may require) for the purposes mentioned in such precept.
(3) On the receipt of a precept or a copy of a precept (as the case may be) issued under this section the city under-sheriff and the county under-sheriff shall confer and agree as to the number of special jurors (if any) and the number of common jurors (if any) to be summoned and returned pursuant to such precept.
(4) If such precept requires any special jurors to be summoned, and returned, the city under-sheriff shall then select in the manner heretofore in use from the special jurors book for the city of Dublin a number of names equal to one-half the number of special jurors so agreed upon as aforesaid and at the same time the county under-sheriff shall select in the manner heretofore in use from the special jurors book for the county of Dublin a like number of names but in selecting such names the county under-sheriff shall omit all names of persons whose addresses are not in any of the urban districts specified in the Schedule to this Act, and the said under-sheriffs shall then in the manner heretofore in use or as near thereto as conveniently may be include all the names so selected by them respectively in a single panel of special jurors.
(5) If such precept requires any common jurors to be summoned and returned, the city under-sheriff shall then select in the manner heretofore in use from the general jurors book for the city of Dublin a number of names equal to one-half the number of common jurors so agreed upon as aforesaid and at the same time the county under-sheriff shall select in the manner heretofore in use from the general jurors book for the county of Dublin a like number of names but in selecting such names the county under-sheriff shall omit all names of persons whose addresses are not in any of the urban districts specified in the Schedule to this Act, and the said under-sheriffs shall then in the manner heretofore in use or as near thereto as conveniently may be include all the names so selected by them respectively in a single panel of common jurors.
(6) The said under-sheriffs shall then make a joint return to the said precept and shall thereby return the single panel (if any) of special jurors and the single panel (if-any) of common jurors so prepared by them as aforesaid.
(7) The jurors whose names are included in a panel returned under this section shall be summoned to attend and serve in court by the city under-sheriff in the case of jurors whose names were selected from a jurors book for the city of Dublin and by the county under-sheriff in the case of jurors whose names were selected from a jurors book for the county of Dublin.
Qualification and liability of jurors.
3.—(1) Every person who is for the time being qualified and liable to serve as a special juror in the city of Dublin and every person who is for the time being qualified and liable to serve as a special juror in the county of Dublin and whose address as stated in the special jurors book for the county of Dublin is situate in one of the urban districts specified in the Schedule to this Act shall be qualified and liable to be summoned and returned on any panel of special jurors returned under this Act and to serve on any jury called from the jurors named in such panel·
(2) Every person who is for the time being qualified and liable to serve as a common juror in the city of Dublin and every person who is for the time being qualified and liable to serve as a common juror in the county of Dublin and whose address as stated in the general jurors book for the county of Dublin is situate in one of the urban districts specified in the Schedule to this Act shall be qualified and liable to be summoned and returned on any panel of common jurors returned under this Act and to serve on any jury called from the jurors named in such panel.
(3) Every issue, whether civil or criminal, which is triable with a jury by a Judge of the High Court or of the Circuit Court sitting in the City of Dublin or the County of Dublin and every issue triable with a jury by the Central Criminal Court sitting in the said city or county shall be triable by such Judge or Court with a jury called from a panel of special jurors or a panel of common jurors (as the case may require) returned under this Act and, notwithstanding any enactment or any court order (whether made before or after the passing of this Act) to the contrary, no such issue shall be triable by any such Judge sitting as aforesaid or by such Court sitting as aforesaid with any other jury.
(4) Upon the trial, with a jury called from a panel of jurors returned under this Act, of any person for a felony other than murder, treason, or treason felony the court may, if it see fit, at any time before the jury consider their verdict permit the jury to separate in the same way as the jury upon the trial of any person for misdemeanour are now permitted to separate.
Difficulty orders.
4.—If any difficulty shall arise in carrying this Act into effect the Minister for Justice may by order give such directions and do such matters and things as may appear to him to be necessary for the proper execution of this Act.
Short title, construction, citation, and commencement.
5.—(1) This Act may be cited as the Juries (Dublin) Act, 1926.
(2) This Act shall be construed as one with the Juries Acts, 1871 to 1924, and those Acts and this Act may be cited together as the Juries Acts, 1871 to 1926.
(3) This Act shall come into operation on the 1st day of August, 1926.
SCHEDULE.
Blackrock Urban District.
Dalkey Urban District.
Dun Laoghaire Urban District.
Howth Urban District.
Killiney and Ballybrack Urban District.
Pembroke Urban District.
Rathmines and Rathgar Urban District.