Number 23 of 1927.
JURIES ACT, 1927.
ARRANGEMENT OF SECTIONS
Qualification and Liability for Service as Juror.
Section | |
Registration of Jurors.
Additional duties of rate collectors and registration officers. | |
Jurors Lists.
Inclusion of certain exempted persons in jurors' lists on request. | |
Preparation of Jurors Books.
Jurors books on subdivision or amalgamation of jury districts. | |
Procedure for Securing Attendance of Jurors in Court.
Performance of certain duties heretofore performed by Under-Sheriffs. | |
Time for preparation of panel of jurors for Central Criminal Court. | |
General.
Persons Exempted from Serving as Jurors.
PART I.
Persons Absolutely Exempted.
PART II.
Persons Exempted but Entitled to Serve on Appllication.
Enactments Repealed
Acts Referred to | |
No. 12 of 1923 | |
No. 27 of 1926 | |
No. 44 of 1924 | |
No. 37 of 1926 | |
No. 18 of 1924 | |
Number 23 of 1927.
JURIES ACT, 1927.
PART I.
Qualification and Liability for Service as Juror.
Jury districts.
1.—(1) Every county borough shall be a jury district for the purposes of this Act.
(2) Every county shall be a jury district for the purposes of this Act save during such time as an order under this section dividing such county into more than one jury district is in force.
(3) The Minister may by order from time to time as and when he shall think fit divide any county into two or more jury districts, and while any such order is in force each of the jury districts delimited thereby shall be a jury district for the purposes of this Act.
(4) The Minister may at any time, as and when he shall think fit, by order revoke or vary any order made under the foregoing sub-section.
(5) An order made under either of the foregoing sub-sections may be expressed to operate as from any date subsequent to the date of the order named therein for the purpose and whenever any such date is so named the order shall come into force on the date so named.
Minimum rating qualification.
2.—(1) The Minister shall by order prescribe for every jury district the rateable value of land which is to be the minimum rating qualification for jurors in that jury district and may by any such order prescribe different rateable values in respect of different classes of land.
(2) The Minister may from time to time as and when he thinks fit by order vary the rateable value prescribed by him under this section in respect of land or any class or classes of land in any jury district.
(3) The rateable value or several rateable values for the time being prescribed under this section in respect of any jury district shall be the minimum rating qualification for jurors in that jury district.
(4) Whenever a county is by order made under this Act divided into two or more jury districts the rateable value or several rateable values which immediately before the making of such order was or were the minimum rating qualification for jurors in the jury district co-terminous with such county shall, until otherwise provided by order made under this section, be the minimum rating qualification for jurors in every of the jury districts into which such county is so divided.
Qualification and liability for jury service.
3.—(1) Subject to the provisions of this section, every citizen of the age of twenty-one years or upwards and under the age of sixty-five years who, either in his own name or in a tradename and whether alone or jointly with any other person or persons or as a member of a firm or co-partnership, is rated for the relief of the poor in respect of land in a jury district shall, if the total rateable value of all the land in respect of which he is so rated in such jury district equals or exceeds the minimum rating qualification for such jury district, be qualified and liable to serve as a juror for the trial of all or any issues which are for the time being triable with a jury drawn wholly or partly from such jury district, unless he is for the time being disqualified for or exempt from serving as a juror.
(2) Subject to the provisions of this section, every male citizen of the age of twenty-one years or upwards and under the age of sixty-five years who is not qualified and liable to serve as a juror by virtue of the foregoing sub-section and whose wife is rated for the relief of the poor in respect of land in a jury district shall, if the total rateable value of all the land in respect of which his wife is so rated in such jury district equals or exceeds the minimum rating qualification for such jury district, be qualified and liable to serve as a juror for the trial of all or any issues triable with a jury drawn wholly or partly from such jury district, unless he is for the time being disqualified for or exempt from serving as a juror or he proves to the satisfaction of the registration officer that he never had any interest in such land and did not directly or indirectly provide any of the purchase money thereof and that he has not a separate income, earned or unearned, sufficient for his own maintenance.
(3) A person who is qualified and liable to serve as a juror in respect of two or more jury districts shall be entitled, on application to the registration officer or officers concerned, to be exempted from his liability to serve as a juror in respect of all such jury districts save one thereof and such one shall be, if such person is registered as a Dáil elector in any one of such jury districts, the jury district in which he is so registered and, if he is not registered as a Dáil elector in any of such jury districts, such one of such jury districts as he shall select.
(4) A person shall not be qualified or liable to serve as a juror in respect of a jury district unless he is entered as a Dáil or a local government elector in the register of electors for such jury district.
Disqualification for jury service.
4.—Any person who has been or shall be convicted of treason or treason felony or of any felony or of perjury shall, unless he has or shall have obtained a free pardon therefor, be absolutely disqualified from serving as a juror.
Exemption from jury service.
5.—The persons specified in the First Schedule to this Act shall be absolutely freed and exempted from serving as jurors and all other exemptions from serving as a juror subsisting immediately before the passing of this Act shall cease immediately upon such passing.
PART II.
Registration of Jurors.
Definitions in relation to Part II.
6.—(1) This Part of this Act shall be read as one with the Electoral Act, 1923 (No. 12 of 1923), and accordingly all expressions and words used in this Part of this Act which are also used in that Act have the same meanings in this Part of this Act as they have in that Act.
(2) In this Part of this Act all references to the register of electors for a jury district shall be construed as references (as the case may require) either to the register of electors for the registration area which is co-terminous with such jury district or to so much of the register of electors for the registration area containing such jury district as relates to the portion of such area contained within such district.
Inclusion of jurors lists in registers of electors.
7.—(1) Every register of electors to be prepared pursuant to the Electoral Act, 1923, shall, in addition to the matters required by that Act to be shown therein, show in the prescribed manner in respect of each person whose name appears therein whether he is or is not qualified and liable to serve or is disqualified or exempted from serving as a juror in respect of the jury district to which the register relates.
(2) It shall be the duty of the registration officer to include and identify in the prescribed manner in the electors' lists to be prepared by him pursuant to the Electoral Act, 1923, the names of all persons in each registration unit in his registration area appearing to be qualified and liable to serve as jurors or to be disqualified or exempted from so serving.
(3) The several lists of claimants, of persons to whose registration notice of objection has been given, and of claimants to whose registration notice of objection has been given, prepared by a registration officer pursuant to the Electoral Act, 1923, shall distinguish in the prescribed manner which of the persons whose names are included in such lists appear to be qualified and liable to serve as jurors or to be disqualified or exempted from so serving.
(4) The provisions of Parts II and VIII of the Electoral Act, 1923, and of the First and Ninth Schedules of that Act shall, so far as the same are not inconsistent with this Act, apply to the matters required by this Act to be included in the register of electors and in the electors' lists and in other lists respectively in like manner as those provisions apply to the matters required by the Electoral Act, 1923, to be included in the said Register and lists respectively.
(5) This section shall not apply to a university constituency or to the registration officer, register of electors, electors lists or other lists for such constituency.
Place of registration of jurors.
8.—(1) The liability of a person to serve as a juror in respect of any jury district shall be entered in the register of electors for such jury district at the place in such register at which such person is entered therein as an elector notwithstanding that his qualification for serving as juror may be in respect of other lands than those at which his address as stated in such register is situate.
(2) The disqualification or exemption of a person for or from serving as a juror shall be entered in the register of electors and at the place therein in and at which his liability to serve as a juror would have been entered if he were not so disqualified or exempt.
Additional duties of rate collectors and registration officers.
9.—(1) Any person holding the office of rate collector may, in addition to the duties mentioned in paragraph (a) of Rule 7 of the First Schedule to the Electoral Act, 1923, be required to furnish such information in relation to the persons rated for the relief of the poor in his district as may be necessary for the inclusion in the electors lists and the register of electors of the matters required by this Act to be included in those lists and that register respectively.
(2) The registration officer shall, in addition to the duties imposed on him by Rule 22 of the First Schedule to the Electoral Act, 1923, make such alterations and corrections in the electors lists as he thinks necessary in order to secure that no person is entered more than once in the register of electors for his registration area as a person qualified and liable to serve as a juror.
Appeals in relation to jurors lists.
10.—(1) No appeal shall lie under section 16 of the Electoral Act, 1923, from any decision of the registration officer in relation to any matter required by this Act to be included in the register, and in lieu of such appeal, an appeal shall lie to the Judge of the Circuit Court having jurisdiction in the registration area from any decision of the registration officer on any question of law or fact in relation to any matter required by this Act to be included in the register, and such appeal may be brought although the appellant did not appear before, or send any claim or objection to, the registration officer.
(2) Where the appellant did not appear before, or send any claim or objection to, the registration officer, the appeal under this section shall be brought before the 26th day of April next after the decision of the registration officer is given, and in every other case the appeal under this section shall be brought within seven days after the decision of the registration officer is given.
(3) The qualification and liability of an appellant to serve as a juror shall not be affected by the fact that an appeal is pending under this section, and until such appeal is finally disposed of the qualification and liability aforesaid shall continue as if no such appeal had been brought.
Expenses of execution of Part II. of Act.
11.—(1) The expenses of the execution of this Part of this Act shall be paid, in the case of a county, by the council of that county out of the poor-rate as a county-at-large charge, and in the case of a county borough by the council of that county borough out of the rate or fund out of which the general expenses of the council are paid, or out of any other rate or fund which the Minister for Local Government and Public Health may, on the application of the council, approve.
(2) No secretary or clerk of the council of a county or county borough, clerk of an urban district council, or rate-collector or person acting as rate-collector appointed after the 15th day of November, 1923, shall receive any fees or other remuneration or any expenses in respect of duties performed by him in the execution of this Part of this Act.
Amendment of section 12 of Electoral Act, 1923.
12.—(1) There shall be paid out of moneys provided by the Oireachtas to the council of every county or county borough in aid of the fund or rate out of which any registration expenses are paid by that council in accordance with the Electoral Act, 1923, the following proportions of the registration expenses so paid, that is to say:—
(a) one-fourth of the amount paid by the council to the registration officer in respect of duties performed by any of the following officers who has or shall have been appointed after the 15th day of November, 1923, that is to say, in the case of an administrative county, the secretary of the council of the county or the clerk of the council of any urban district within the county, and, in the case of a county borough, the secretary or clerk of the council of the county borough, and
(b) one-third of the amount paid by the council to the registration officer in respect of duties performed by rate-collectors appointed after the 15th day of November, 1923, and
(c) one-half of all other registration expenses paid by the council aforesaid.
(2) Three-sevenths of the cost of the printing mentioned in sub-section (7) of section 12 of the Electoral Act, 1923, shall, notwithstanding anything to the contrary contained in that sub-section, be paid out of moneys provided by the Oireachtas, and four-sevenths of the said costs shall be paid by the council by which the registration expenses of which such printing forms part are payable.
PART III.
Jurors Lists.
Preparation of draft jurors lists.
13.—(1) On or after the 15th day of November in every year and before the next following 29th day of January every secretary of a county council, town clerk of a county or other borough, and clerk of an urban district shall prepare in accordance with this Act a draft jurors list for the county, borough, or district (as the case may be) and shall complete such draft jurors list and send the same to the county registrar having jurisdiction in such county, borough, or district on or before the said 29th day of January.
(2) For the purpose of the preparation of the draft jurors list every such secretary, town clerk, and clerk shall cause a house to house or other sufficient inquiry to be made by the poor rate collectors in his county, borough, or district and it shall be the duty of every such poor rate collector to make such inquiry and also to make such other inquiries for and to give such assistance in the preparation of the draft jurors list as shall be required of him by such secretary, town clerk, or clerk.
Form and contents of draft jurors lists.
14.—(1) Every draft jurors list shall be in the prescribed form and every county registrar shall on demand furnish to every secretary of a county council, town clerk of a county or other borough, and clerk of an urban district in his area a sufficient number of printed forms of draft jurors lists for the preparation of any draft jurors list to be prepared by such secretary, town clerk, or clerk under this Act.
(2) There shall be entered in every draft jurors list the names of all persons who by reason of being themselves rated or by reason of their wives being rated for the relief of the poor in respect of land in the county, borough, or district to which the list relates are qualified and liable to serve as jurors and are not exempt or disqualified from so serving, and there shall also be entered in every draft jurors list the last known place of abode and the trade, profession, calling, or description of every person whose name is entered in such list and also the situation, description, and rateable value of the land in respect of which such person is so qualified and liable.
(3) Whenever the person preparing a draft jurors list is uncertain for any reason whether the name of any particular person should or should not be entered in such list, he shall enter such name in such list together with a statement of such uncertainty and the reason therefor.
(4) The names entered in the draft jurors list, for any county, county or other borough, or urban district shall be entered and arranged in such list in the like manner and order as the names entered in the electors lists for such county, borough, or district are required by the law for the time being in force to be entered and arranged in those lists.
Revision and settlement of draft jurors lists.
15.—(1) On or before the 1st day of June, 1927, every county registrar shall revise and settle the last general lists of jurors for the registration area of which he is registration officer furnished to him under the Juries Acts, 1871 to 1924, and in so revising and settling such lists shall omit therefrom the names of all persons who by virtue of this Act or any order made thereunder before the said 1st day of June, 1927, are not qualified and liable to serve as jurors or are disqualified for or exempt from so serving and shall so settle such lists that (save in respect of the said omissions and the insertion of the names and other particulars of those exempted persons who become entitled under this Act to have their names inserted therein) the same are in accordance with the register of electors for the said registration area required to be published by him on or before the said 1st day of June, 1927, and (save as aforesaid) contain the name of every person who is entered in such register of electors as qualified and liable for and not disqualified for or exempt from service as a juror and the name of no other person.
(2) The general lists of jurors for any registration area when settled in accordance with the foregoing sub-section shall (subject to any alterations subsequently made therein under this Act) be the jurors list in force for the purposes of this Act for such registration area for one year from the said 1st day of June, 1927.
(3) On or before the 1st day of June in the year 1928 and in every subsequent year every county registrar shall revise and finally settle the draft jurors lists for the registration area of which he is the registration officer and shall so settle such lists that (save for the insertion of the names and other particulars of those exempted persons who become entitled under this Act to have their names inserted therein) the same are in accordance with the register of electors for the said registration area required to be published by him on or before the 1st day of June in the year then current and contain the name of every person who is entered in such register of electors as qualified and liable for and not disqualified for or exempt from service as a juror and the name of no other person.
(4) The draft jurors lists for any registration area when revised and settled in accordance with the foregoing sub-section shall (subject to any alterations subsequently made therein under this Act) be the jurors list in force for the purposes of this Act for such registration area for one year from the 1st day of June in the year in which such revision and settlement takes place.
Inclusion of certain exempted persons in jurors' lists on request.
16.—(1) Any person qualified and liable to serve as a juror but exempt from so serving by reason only of being included amongst the persons mentioned in Part II. of the First Schedule to this Act may apply in the prescribed form in any year at the time mentioned in this section to the county registrar for the area co-terminous with or including (as the case may be) the jury district in respect of which he is so qualified and liable that his name be inserted in the general lists of jurors or the draft jurors' lists (as the case may require) then being revised under this Act by such county registrar, and such county registrar, if satisfied that such person is qualified and liable to serve as a juror in respect of a jury district co-terminous with or included in his area and is exempted from so serving only by reason of being included amongst the persons mentioned in Part II of the First Schedule to this Act, shall insert in such general lists of jurors or draft jurors' lists (as the case may be) the name of such person, his place of abode, his trade, profession, calling, or description and the situation, description, and rateable value of the land in respect of which he is so qualified and liable as if he was not so exempted, and thereupon such person shall become and be qualified and liable to serve as a juror in respect of such jury district when and so long as the jurors' list derived from such general lists of jurors or draft jurors' lists is in force.
(2) Applications under this section in respect of the general lists of jurors revised in the year 1927 shall be made before the 28th day of May, 1927, and applications made under this section in respect of draft jurors' lists revised in any subsequent year shall be made before the 15th day of May in such year.
Expenses in relation to draft jurors lists.
17.—(1) Save as is hereinafter otherwise provided, there shall be paid to every county registrar and to every secretary of a county council, town clerk of a county or other borough and clerk of an urban district and to every poor rate collector in every year as remuneration for services rendered by him and as recoupment of expenses (if any) incurred by him under this Act in relation to draft jurors lists a sum calculated in accordance with the appropriate scale appointed under this section and for the time being in force.
(2) The sums payable to county registrars, secretaries, town clerks, and clerks and to poor rate collectors under this section shall be paid, in the case of a county and of every borough and urban district in such county, by the council of such county out of the poor rate as a county-at-large charge and, in the case of a county borough, by the council of such county borough out of the rate or fund out of which the general expenses of such council are paid or out of any other rate or fund which the Minister for Local Government and Public Health may, on the application of the council approve.
(3) The Minister may by order make and when made revoke or vary scales for calculating the sums to be paid to county registrars, secretaries of county councils, town clerks of county and other boroughs, clerks of urban districts, and poor rate collectors under this section, and unless and until such scales are so made such sums shall be calculated according to the last scales made before the passing of this Act under section 9 of the Juries Procedure (Ireland) Act, 1876.
(4) Sub-section (3) of section 39 of the Court Officers Act, 1926 (No. 27 of 1926) shall apply to sums paid to and received by county registrars under this section in like manner as that sub-section applies to sums paid to and received by county registrars by virtue of the said section 39.
(5) No sum shall be paid under this section, whether as remuneration or as recoupment of expenses, to any secretary of a county council, town clerk of a county or other borough, clerk of an urban district, or poor rate collector appointed (whether before or after the passing of this Act) after the 15th day of November, 1923.
PART IV
Preparation of Jurors Books.
Definitions in relation to Part IV.
18.—(1) In this Part of this Act the expression “jury district” when used in relation to a jurors book means the jury district to which such jurors book relates, and the expression “jurors book” when used in relation to a jury district means the jurors book relating to such jury district, and the expression “county registrar” when used in relation to a jury district means the county registrar for the area co-terminous with or including (as the case may be) such jury district and when used in relation to a jurors book means the county registrar on whom the duty of preparing such jurors book is imposed by this Act.
(2) In this Part of this Act all references to the jurors list for a jury district shall be construed as references (as the case may require) either to the jurors list for the registration area which is co-terminous with such jury district or to so much of the jurors list for the registration area containing such jury district as relates to the portion of such area contained within such jury district.
Preparation of jurors books.
19.—(1) There shall be a jurors book for every jury district and every such jurors book shall be in the prescribed form and shall be called and known as the jurors book for the jury district to which it relates.
(2) Every jurors book shall be prepared by the county registrar of the area co-terminous with or including (as the case may be) the jury district to which the book relates.
(3) Every jurors book shall be prepared by the county registrar at and not before such time as he may think necessary to ensure that the book shall be completed in sufficient time to enable it to come into force at the time appointed for that purpose by or under this Act.
Contents of jurors books.
20.—(1) Every jurors book shall be prepared from the jurors list in force in the jury district when the jurors book is being prepared and there shall be entered in the jurors book the names of all persons whose names are entered in such jurors list.
(2) The several persons whose names are to be entered in a jurors book shall be entered therein in the alphabetical order of their surnames and, in the case of persons having the same surname, in the alphabetical order of their christian names.
(3) There shall also be entered in every jurors book after the name of each person whose name is entered therein his address and his trade, profession, calling, or description as stated in the said jurors list.
(4) When a county registrar has completed the preparation of a jurors book he shall endorse on the cover thereof the name of the jury district and shall sign immediately below the last name entered therein a certificate in the following form:—
“I certify that this jurors book for the jury district of ________________has been prepared by me on the __________day of ________________19 _____in accordance with the provisions of the Juries Act, 1927.
(Signed) __________________________
County Registrar for______________”
Commencement and duration of jurors books.
21.—(1) The several jurors books in force at the passing of this Act shall continue in force until the 31st day of August, 1927, and no longer.
(2) In every jury district the first jurors book prepared under this Act for such jury district shall come into force on the 1st day of September, 1927, and shall continue in force until it is exhausted and every subsequent jurors book for any jury district shall come into force immediately after the preceding jurors book for such jury district has become exhausted and shall itself continue in force until it becomes exhausted.
(3) When the first jurors book under this Act for any jury district is being prepared a suitable mark shall be made in such book against the name of every person entered therein whose name was included in a panel of jurors for attendance in any court on or after the 1st day of September, 1926, and before the 1st day of September, 1927, and for the purposes of the selection of panels from such book and determining when such book becomes exhausted every person against whose name such mark is made shall be deemed to have been summoned once after such book came into force to attend a court as a juror.
Exhaustion of jurors books.
22.—(1) A jurors book shall become exhausted when every person named therein whose name has not been removed therefrom under this Act has been summoned once since the book came into force to attend a court as a juror.
(2) Whenever in the preparation of a panel it is found that the number of persons named in the jurors book and qualified and liable to be included in such panel who have not been summoned to attend a court since the book came into force is not sufficient to complete the panel, all such persons shall be included in the panel and the said jurors book shall then be deemed to have become exhausted and a new jurors book shall be deemed to have come into force and the said panel shall be completed from such new jurors book.
Jurors books on subdivision or amalgamation of jury districts.
23.—(1) Whenever a jury district (in this section called the old district) is divided by order made by the Minister under this Act into two or more jury districts (in this section called new districts), a new jurors book shall be made for each such new district by transcribing from the jurors book in force in the old district at the coming into operation of such order the names, addresses, and descriptions of all persons entered in such jurors book whose addresses as stated therein are situate in such new district.
(2) Whenever any such order as is mentioned in the foregoing sub-section is revoked by the Minister under this Act, a new jurors book shall be made for the old district by transcribing into one book in the proper order the names, addresses, and descriptions of all persons whose names are entered in any jurors book in force in any of the new districts at the time of such revocation.
(3) Whenever names are transcribed under this section from a jurors book to a new jurors book, all distinguishing marks and notes entered against any such name in the first-mentioned jurors book shall be transcribed into such new jurors book along with such name, and in applying the provisions of this Act to such new jurors book due regard shall be had to all distinguishing marks and notes so transcribed thereinto.
Non-availability of new jurors book.
24.—Whenever at the time appointed by or under this Act for the coming into force of a new jurors book no such new jurors book is from any cause available, the jurors book in force immediately before such time shall continue in force until such new jurors book is available, but the names to be included in any panel shall be selected from such existing jurors book as if it were the new jurors book and all marks, notes, and removals made in such existing jurors book after the time when the new jurors book should have come into force shall be transcribed into the new jurors book when it does become available and thereupon such new jurors book shall be deemed to have come into force at the time when it ought by virtue of this Act to have been available and come into force.
Review of jurors books.
25.—(1) In every year, immediately after the coming into force of the jurors list for a jury district, the county registrar shall revise the jurors book relating to that jury district by removing therefrom the name of every person entered therein who does not appear in such jurors list as qualified and liable to serve as a juror in respect of such jury district.
(2) Whenever it comes to the knowledge of the county registrar that a person whose name is entered in the jurors list or the jurors book then in force for a jury district is dead or has ceased to be qualified and liable to serve as a juror for such jury district, the county registrar shall remove the name of such person from such jurors list or such jurors book or from both such list and such book, as the case may require.
PART V.
Procedure for Securing Attendance of Jurors in Court.
Definitions in relation to Part V.
26.—(1) In this Part of this Act the expression “jury district” when used in relation to a jurors book means the jury district to which such jurors book relates, and the expression “jurors book” when used in relation to a jury district means the jurors book relating to such jury district, and the expression “county registrar” when used in relation to a jury district means the county registrar for the area co-terminous with or including (as the case may be) such jury district and when used in relation to a jurors book means the county registrar on whom the duty of preparing such jurors book is imposed by this Act.
(2) In this Part of this Act the expression “the High Court” shall, where the context so admits, include a Judge or officer of the High Court and also (save where the Chief Justice of the Irish Free State and his officers are expressly provided for) such Chief Justice and an officer of such Chief Justice.
Provisions for transition period.
27.—Notwithstanding anything contained in this Part of this Act or any repeal effected by this Act, every panel of jurors prepared after the passing of this Act and before the 1st day of September, 1927, shall be prepared and the jurors named on such panels shall be summoned in the manner in all respects required by the law in force immediately before the passing of this Act and such law shall be deemed to continue in force so far but so far only as may be necessary for that purpose.
The empanelling officer.
28.—(1) All duties imposed by this Part of this Act on the empanelling officer shall, in relation to jurors to be drawn from a jury district co-terminous with or contained in a county or county borough in which at the passing of this Act the office of under-sheriff is not vacant, be performed by the under-sheriff of such county or county borough until the office of such under-sheriff first becomes vacant after the passing of this Act and shall, in relation to jurors to be drawn from any other jury district and also in relation to jurors to be drawn from any such first-mentioned jury district after the office of under-sheriff of the county or county borough co-terminous with or containing such jury district first becomes vacant as aforesaid, be performed by the county registrar.
(2) In this Part of this Act the expression “the empanelling officer” means the officer who is in the circumstances and for the time being required by this section to perform the duties of the empanelling officer, and references to the empanelling officer for a jury district shall be construed as references to the officer who is in the circumstances and for the time being the empanelling officer in relation to jurors to be drawn from such jury district.
The summoning officer.
29.—(1) All duties imposed by this Part of this Act on the summoning officer shall, in respect of jurors drawn from a jury district coterminous with or contained in a county or county borough in which at the passing of this Act the office of under-sheriff exists and is not vacant, be performed by the under-sheriff of such county or county borough until the office of such under-sheriff first becomes vacant after the passing of this Act and shall, in respect of jurors drawn from any other jury district and also in respect of jurors drawn from any such first-mentioned jury district after the office of under-sheriff of the county or county borough co-terminous with or containing such jury district first becomes vacant as aforesaid, be performed—
(a) in relation to the summoning of jurors to attend the High Court, by the Master of the High Court, and
(b) in relation to the summoning of jurors to attend the Chief Justice or an officer of the Chief Justice, by the Registrar to the Chief Justice, and
(c) in relation to the summoning of jurors to attend the Central Criminal Court or the Circuit Court, by the county registrar for the time being acting as registrar of the Court to which the jurors are being summoned.
(2) In this Part of this Act the expression “the summoning officer” means the officer who is in the circumstances and for the time being required by this section to perform the duties of the summoning officer, and references to the summoning officer for a jury district shall be construed as references to the officer who is in the circumstances and for the time being the summoning officer in respect of jurors drawn from that jury district.
Performance of certain duties heretofore performed by Under-Sheriffs.
30.—(1) All such duties in relation to jurors and juries as have heretofore been performed by the under-sheriff (other than duties which are by this Part of this Act required to be performed by the empanelling officer or by the summoning officer) shall henceforth—
(a) in every county and county borough in which at the passing of this Act the office of under-sheriff exists and is not vacant (except the county and the county borough of Dublin), be performed by the under-sheriff of such county or county borough until the office of such under-sheriff first becomes vacant after the passing of this Act, and
(b) in the county and the county borough of Dublin, be performed by the under-sheriff of the City of Dublin in relation to the High Court and the Central Criminal Court until the office of such under-sheriff first becomes vacant after the passing of this Act and be performed by the under-sheriff of the County of Dublin in relation to the Circuit Court until the office of such under-sheriff first becomes vacant after the passing of this Act, and
(c) in every other case and also in every of the above-mentioned cases after the provision hereinbefore made therefor has ceased to apply, be performed by the officer specified in that behalf in this Act and, where no such officer is so specified, by the master, registrar, or other principal officer of the Court in relation to which the duties are to be performed.
(2) All such expenses in relation to the performance of the duties to which the foregoing sub-section aplies as have heretofore been borne by the under-sheriff performing such duties shall henceforth, whenever such duties are by virtue of the foregoing sub-section to be performed by an under-sheriff, be borne by such under-sheriff notwithstanding anything to the contrary contained in this Act and in every other case shall be defrayed out of moneys to be provided by the Oireachtas.
Juries for the High Court.
31.—(1) Every issue, whether civil or criminal, which is triable with a jury by the High Court or a Judge or officer thereof or the Chief Justice or any of his officers sitting in the county borough or the county of Dublin shall be triable with a jury called from a panel of jurors drawn partly from the county borough of Dublin and partly from the county of Dublin, and no such issue shall be tried by the said Court or any Judge or officer thereof or the Chief Justice or any of his officers sitting as aforesaid with any other jury.
(2) Every issue, whether civil or criminal, which is triable with a jury by the High Court or a Judge or officer thereof or the Chief Justice or any of his officers sitting elsewhere than in the county borough or the county of Dublin shall be triable with a jury called from a panel of jurors drawn from the county borough or the county in which such Court or Judge is sitting at the time of the trial, and no such issue shall be tried by the said Court or any Judge or officer thereof or the Chief Justice or any of his officers sitting as aforesaid with any other jury.
Juries for the Central Criminal Court.
32.—(1) Every issue which is triable by the Central Criminal Court sitting in the county borough or the county of Dublin shall be triable with a jury called from a panel of jurors drawn partly from the county borough of Dublin and partly from the county of Dublin, and no such issue shall be tried by the said Court sitting as aforesaid with any other jury.
(2) Every issue which is triable by the Central Criminal Court sitting elsewhere than in the county borough or the county of Dublin shall be triable with a jury called from a panel of jurors drawn from the county borough or the county in which the said Court is sitting at the time of the trial, and no such issue shall be tried by the said Court sitting as aforesaid with any other jury.
Juries for Circuit Court.
33.—(1) Every issue, whether civil or criminal, which is triable with a jury by a Judge of the Circuit Court sitting in the county borough or the county of Dublin shall be triable with a jury called from a panel of jurors drawn partly from the county borough of Dublin and partly from the county of Dublin and no such issue shall be tried by any such Judge sitting as aforesaid with any other jury.
(2) Every criminal issue which is triable with a jury by a Judge of the Circuit Court sitting elsewhere than in the county borough or the county of Dublin shall be triable with a jury called from a panel of jurors drawn from the county borough or the county in which such Judge is sitting at the time of the trial, and no such issue shall be tried by any such Judge sitting as aforesaid with any other jury.
(3) The Minister for Justice may, if and when he thinks fit, by order, made with the consent of the Judge of the Circuit Court assigned at the date of the order to the Circuit to which the order relates, direct that every criminal issue which is triable with a jury by a Judge of the Circuit Court sitting in a particular city or town (not being a county borough) shall be triable with a jury called from a panel of jurors drawn from one or more specified jury districts in the county in which such city or town is situated, and so long as any such order is in force no such issue shall be tried by a Judge of the Circuit Court sitting in such city or town with any other jury.
(4) Every civil issue which is triable with a jury by a Judge of the Circuit Court sitting elsewhere than in the county borough or the county of Dublin shall be triable with a jury called from a panel of jurors drawn from the jury district in which such Judge is sitting at the time of the trial, and no such issue shall be tried by any such Judge sitting as aforesaid with any other jury.
(5) Whenever a Judge of the Circuit Court is sitting in a county borough he shall for the purposes of this section be deemed to be sitting in such county borough during the trial of every issue tried by him with a jury save and except as follows, that is to say:—
(a) in a criminal issue, if the crime was alleged to have been committed in a county adjoining and in the same Circuit as such county borough, the Judge shall be deemed to be sitting in such county, and
(b) in a criminal issue, if the accused person was arrested or ordinarily resides in a county adjoining and in the same Circuit as such county borough, the Judge shall be deemed to be sitting in such county unless the crime is alleged to have been committed in the said county borough, and
(c) in a civil issue, if—
(i) the issue arises in an action relating to title to land or rectification of the register and the land in question or the land out of or in respect of which any incorporeal hereditament in dispute issues or arises or the larger portion of such land is situate in a jury district wholly within a county adjoining and in the same circuit as the said county borough, or
(ii) the issue arises in a probate action or a suit for the administration of the estate of a deceased person and the testator or intestate at the time of his death had a fixed place of abode in a jury district wholly within a county adjoining and in the same Circuit as the said county borough, or
(iii) the issue arises in any other action or matter and the defendant or one of the defendants ordinarily resides or carries on a profession, business, or occupation in a jury district wholly within a county adjoining and in the same Circuit as the said county borough and neither a sole defendant nor any of several defendants ordinarily resides or carries on a profession, business, or occupation in the said county borough,
the Judge shall be deemed to be sitting in such jury district.
Preparation of panel of jurors.
34.—(1) When selecting from a jurors book from which no persons have previously been selected the persons to be entered in a panel of jurors, the empanelling officer shall do the following things in the following order, that is to say:—
(a) ascertain (so far as may be necessary for the purposes of this paragraph) in respect of each letter in the alphabet the number of names in the jurors book beginning with such letter, and place a suitable mark against the letter with which the greatest number of names begins, and against the letter with which the next greatest number of names begins, and against the letter with which the next greatest number of names begins (the said letters so marked being hereinafter referred to as marked letters and the other letters being hereinafter referred to as unmarked letters),
(b) from the names beginning with the letter A select, if it is an unmarked letter, the first name or, if it is a marked letter, the first three names, from the letter B select, if it is an unmarked letter, the first name or, if it is a marked letter, the first three names, and so on through the alphabet selecting the first name from each unmarked letter and the first three names from each marked letter,
(c) if when the end of the alphabet is reached a sufficient number of names have not been selected, repeat the foregoing process of selection, selecting the second name from each unmarked letter and the second three names from each marked letter, and so on repeating the process until a sufficient number of names have been selected,
(d) place in the jurors book a mark opposite each name so selected to indicate the fact of such selection,
(e) enter on a panel in the prescribed form the names so selected with their relevant addresses and descriptions as stated in the jurors book, arranging the names in alphabetical order as in the jurors book,
(f) complete the panel by entering the name of the court and sittings for which the panel is prepared at the top thereof and signing and dating the panel at the foot thereof,
(g) if the panel is prepared for the High Court, deliver the panel to the Master of the High Court, and if the panel is prepared for the Chief Justice or an officer of the Chief Justice, deliver the panel to the Registrar to the Chief Justice, and if the panel is prepared for the Central Criminal Court or Circuit Court by an empanelling officer who is not the registrar of such Court, deliver the panel to such registrar.
(2) When selecting from a jurors book from which persons have previously been selected the persons to be entered in a panel of jurors, the empanelling officer shall proceed as directed in the foregoing sub-section save that the marking of particular letters made under the foregoing sub-section shall be retained without alteration, and, in lieu of the first, second, or other name or three names in each letter, the first name or three names not marked as having been previously selected shall be selected from each letter and then the second name or three names not so marked shall be selected from each letter, and so on.
(3) When a panel is required by this Act to consist of names taken from two or more jurors books, the proper number of names shall be selected from each such jurors book and arranged in alphabetical order by the proper empanelling officer in accordance with whichever of the foregoing sub-sections is applicable and then the empanelling officer or the several empanelling officers in consultation (as the case may be) shall enter all the names selected from the said jurors books in one panel divided into several parts each containing the names selected from one jurors book and the panel shall then be completed and disposed of as directed in the first sub-section of this section save that, if two or more empanelling officers are concerned in the preparation of the panel, all such empanelling officers shall sign the panel.
Preparation of panel of jurors from several districts.
35.—(1) Whenever under this Act a panel of jurors is to consist of jurors drawn partly from each of two or more jury districts, the empanelling officer for such jury district or the respective empanelling officers for such jury districts in consultation shall ascertain the total number of persons whose names are entered in the several jurors books for such jury districts and the number of persons whose names are entered in each such jurors book, and in preparing the panel the empanelling officer or the empanelling officers respectively shall select from each jurors book that number (as near as may be) of jurors which bears to the total number of jurors to be included in the panel the same proportion as the number of persons whose names are then entered in such jurors book bears to the total number of persons whose names are entered in all such jurors books.
(2) For the purpose of this section the number of persons whose names are entered in a jurors book shall be taken to be the multiple of one hundred nearest to the number of persons whose names were entered in such book when it first came into force, and all subsequent removals of names shall be disregarded, and any excess over a multiple of one hundred shall, if such excess does not exceed fifty, be disregarded and, if such excess exceeds fifty, be treated as one hundred.
Requisition for panel of jurors for High Court.
36.—(1) Not less than twenty days before the commencement of every sittings of the High Court during which jurors will be required to be in attendance in that Court the Master of the High Court shall send to the empanelling officer or empanelling officers hereinafter mentioned a written requisition in the prescribed form requiring such empanelling officer or empanelling officers to prepare and return to him a panel of such number of jurors as shall be specified in such requisition to attend in the High Court during such sittings.
(2) The number of jurors to be specified in such requisition shall be such number of jurors as shall in the opinion of the Master of the High Court be reasonably sufficient having regard to all probable contingencies for the trial of all such issues as will require to be tried in the High Court with a jury during the sittings to which the requisition relates.
(3) A requisition under this section shall be sent (as the case may require) to the empanelling officer or in duplicate to the respective empanelling officers for the jury district or jury districts from which the jurors for the panel the subject of such requisition are required by this Act to be drawn.
(4) An empanelling officer or the several empanelling officers to whom a requisition is sent under this section shall upon receipt thereof prepare in accordance with the terms of such requisition and the provisions of this Act a panel of jurors and shall, not less than ten days before the commencement of the sittings to which the requisition relates, send such panel to the Master of the High Court.
(5) This section shall apply to every sitting of the Chief Justice or any of his officers for the trial of an issue with a jury, but for the purposes of such application every mention of the Master of the High Court in this section shall be construed and have effect as a mention of the Registrar to the Chief Justice.
Time for preparation of panel of jurors for Central Criminal Court.
37.—Not less than fourteen days before the commencement of every sittings of the Central Criminal Court during which jurors will be required to be in attendance in the Court, the empanelling officer or respective empanelling officers (as the case may be) for the jury district or jury districts from which the jurors for such sittings are by this Act required to be drawn shall prepare (when more than one empanelling officer is concerned, in consultation) a panel of jurors for such sittings and shall include in such panel such number of jurors as shall in the opinion of such empanelling officer or empanelling officers in consultation be reasonably sufficient, having regard to all probable contingencies, for the trial of all such issues as will require to be tried in the Court with a jury during such sittings.
Time for preparation of panel of jurors for Circuit Court.
38.—(1) Not less than fourteen days before the commencement of every sittings of the Circuit Court during which jurors will be required to be in attendance in the Court, the empanelling officer or the respective empanelling officers for the jury district or jury districts from which the jurors for such sittings are required by this Act to be drawn shall prepare (if necessary, in consultation) a panel of jurors for such sittings and shall include in such panel such number of jurors as shall in the opinion of such empanelling officer or such empanelling officers in consultation be reasonably sufficient, having regard to all probable contingencies, for the trial of all such issues as will require to be tried in the Court with a jury during such sittings.
(2) A sittings of the Circuit Court for the disposal of business of which different portions will require the attendance in Court of jurors drawn from different areas shall for the purpose of this section be deemed to be a number of distinct sittings, each of such distinct sittings being for the disposal only of so much of the said business as will require the attendance in Court of jurors drawn from one area.
Summoning of jurors.
39.—(1) Every person whose name is entered as a juror in a panel of jurors under this Act shall, not less than four days before the first day on which his attendance as a juror is required, be served in the manner hereinafter specified with a summons in the prescribed form requiring him to attend as a juror in the court to which the panel relates on the day specified in the summons.
(2) Every juror whose name is entered in a particular panel shall be summoned for the same day and such day shall be that day in the sittings for which the panel was prepared which, whenever the summoning officer is an under-sheriff, appears to the Master, Registrar, or other principal officer of the Court for which the panel was prepared and, in every other case appears to the summoning officer to be the most convenient day for the purpose having regard to the business to be transacted during such sittings.
Preparation of jurors summonses.
40.—(1) It shall be the duty of the summoning officer to prepare, immediately after the completion or the receipt (as the case may be) by him of a panel of jurors, a summons for each juror on the panel, every such summons being addressed to the juror for whom it is intended by his name, address, and description as stated in the panel.
(2) When all such summonses in relation to any particular panel have been prepared by the summoning officer he shall (unless such summonses are by virtue of this Act to be served by post) deliver all such summonses together with a copy of the panel to the principal officer of the Gárda Síochána in the city or town in which the office of such summoning officer is situate.
(3) When all such summonses in relation to any particular panel have been prepared by the summoning officer and such summonses are by virtue of this Act to be served by post, the summoning officer shall proceed to serve such summons by post in the manner hereinafter directed.
(4) Whenever a panel consists of jurors drawn from two or more jury districts for which different persons are the summoning officer, the duties imposed by this section on the summoning officer shall be performed in respect of the jurors drawn from each such jury district by the officer who is the summoning officer for that jury district.
Service of jurors summonses by Gárda Síochána.
41.—(1) Whenever any jurors summonses are delivered under this Act by the summoning officer to an officer of the Gárda Síochána for service, such summonses shall be duly served in accordance with this Act and regulations made under this section by members of the Gárda Síochána on the persons to whom such summonses are respectively addressed.
(2) The Commissioner of the Gárda Síochána shall make such regulations and give such directions as shall be necessary or proper for ensuring the due performance by members of the Gárda Síochána of the duties imposed by this Act on such members in relation to the service of jurors summonses.
Mode of service of jurors summonses.
42.—(1) Every jurors summons not authorised by virtue of this Act to be served by post shall be served by a member of the Gárda Síochána either by delivering the same to the person to whom it is addressed or by leaving it for him at the address mentioned in it with a person of the age of sixteen years or upwards.
(2) Every member of the Gárda Síochána engaged in serving jurors summonses shall be provided with a book (in this Act referred to as the service book) in the prescribed form and it shall be his duty, immediately after the service of or his failure to serve any jurors summons, to enter in the service book the date, place, and mode of such service or the date of and reasons for such failure to serve.
(3) Whenever it appears to a member of the Gárda Síochána engaged in serving jurors summonses that the person to whom any such summons is addressed is dead or has permanently ceased to reside at the address mentioned in such summons or never resided at that address he shall enter in his service book the facts so appearing to him and the source from which he derived such facts and, in lieu of serving such summons, shall return the same to the summoning officer endorsed with the words “not served,” followed by the reason for such non-service.
Proof of service of jurors summonses.
43.—(1) Every member of the Gárda Síochána who is engaged in serving any jurors summonses shall attend in the Court and at the time and place in and at which such summonses required the persons served therewith to attend and shall there, if so required by the Judge, prove by his evidence on oath and the production of his service book the service effected by him of every such summons which he claims to have served.
(2) Whenever any member of the Gárda Síochána who is engaged in serving any jurors summonses is prevented by his death, illness, or other unavoidable cause from attending in Court pursuant to the foregoing sub-section to prove the service of such summonses, his service book shall be produced for him by another member of the Gárda Síochána in the Court and at the time and place in and at which such first-mentioned member should have attended and, upon proof of such prevention from attendance and that such service book is the service book of such first-mentioned member and that the entries therein are in his handwriting, such book shall, until the contrary is proved, be evidence of the matters stated therein.
Service of jurors summonses by post.
44.—(1) The Minister may at any time by writing under his hand addressed to the summoning officer or the several summoning officers concerned direct that summonses for the attendance of jurors—
(a) in the High Court sitting in the county borough of Dublin or the county of Dublin, or
(b) in the High Court sitting in any particular county borough or county other than the county borough of Dublin and the county of Dublin, or
(c) in the Central Criminal Court sitting in the county borough of Dublin or the county of Dublin, or
(d) in the Central Criminal Court sitting in any particular county borough or county other than the county borough of Dublin and the county of Dublin,
shall be served by sending the same by registered post to the persons to whom they are respectively addressed at the addresses specified in such summonses.
(2) The Minister may at any time by writing under his hand addressed to the summoning officer or the several summoning officers concerned direct that summonses for the attendance of jurors in the Circuit Court sitting at any place or at any particular place or places in a particular Circuit shall be served by sending the same by registered post to the persons to whom they are respectively addressed at the addresses specified in such summonses.
(3) Whenever any such direction is given by the Minister then, unless and until such direction is revoked by the Minister, every jurors summons to which the direction applies shall be served by sending the same by prepaid registered post in a closed envelope addressed to the person at the address named in the summons, and, unless the same is returned by the Post Office to the summoning officer as undelivered, every jurors summons so posted shall be deemed to have been served on the person to whom the envelope containing it was addressed at the time at which such envelope would have been delivered in the ordinary course of post.
(4) Whenever any jurors summonses are served by post under this section it shall be the duty of the summoning officer to keep a record in the prescribed form and containing the prescribed particulars of the posting of every such summons and of the receipt of every such summons which is returned to him without having been delivered, and, in the Court and at the time and place in and at which such summonses required the persons to whom they were addressed to attend, to produce such record together with the prescribed evidence of the due posting of every such summons and of the return undelivered of any of such summonses as are so returned.
(5) No direction shall be given or revoked nor shall any matter or thing be prescribed by the Minister under this section in relation to the High Court or the Central Criminal Court without previous consultation with the President of the High Court nor in relation to the Circuit Court without previous consultation with the Judge of that Court then assigned to the circuit to which or containing the place or places to which the direction or prescription applies.
(6) The Minister may, after consultation with the Minister for Posts and Telegraphs, give direction to any summoning officer in respect of the procedure to be adopted in regard to the actual posting of summonses under this section.
Preparation and summoning of supplemental panel.
45.—(1) Whenever a panel of jurors has been summoned to attend a Court during a sitting any Judge of that Court may at any time or times during such sittings and for any reason which appears to him to be sufficient direct the empanelling officer and the summoning officer respectively to empanel and summon a supplemental panel of jurors to attend such Court on such day in such sittings as such Judge, when directing the preparation of such supplemental panel, shall specify.
(2) A supplemental panel prepared under this section shall be prepared and the jurors named therein shall be summoned in the like manner as nearly as may be, having regard to the length of the time between the direction for the preparation of such panel and the day specified by the Judge for the attendance of the jurors named in such panel, as a panel is required by this Act to be prepared and the jurors named therein are required by this Act to be summoned.
(3) The names of the jurors entered on a supplemental panel prepared under this section shall be called over in accordance with this Act on the day and at the time on and at which such jurors have been summoned to attend the Court and at the conclusion of such calling over such supplemental panel shall be added to and thenceforward form part of the panel first mentioned in this section.
Calling over of panel.
46.—(1) Whenever a panel of jurors has been summoned to attend a Court during any sittings the registrar of that Court shall, on the day in that sittings and at the time on that day on and at which such jurors have been so summoned, call over in open court the names of the jurors entered on such panel and every such juror if then and there present shall answer his name when it is called.
(2) On the calling over pursuant to the foregoing sub-section of the names entered in a panel of jurors the registrar shall make on the panel opposite the name of every juror entered therein an entry stating whether such juror did or did not answer his name when called.
(3) Every juror who on any such calling over answers his name when called shall be deemed to have been duly summoned to attend as a juror on that occasion.
(4) At the conclusion of every such calling over the names of the jurors who did not answer on such calling over shall be called over again and as each juror's name is called, unless he then answers, evidence shall be given of the service of the jurors summons on him and the Judge, if satisfied that such summons was duly served, shall impose on such juror a fine of three pounds unless he is satisfied that there was a reasonable and sufficient cause for the non-attendance of such juror.
(5) If a juror answers his name on the second calling over pursuant to the foregoing sub-section the same consequences shall ensue as if he had answered his name on the first calling over.
(6) If on any such second calling over a juror does not answer his name and the Judge is not satisfied that he was duly served with a jurors summons the registrar shall enter the words “not served” on the panel opposite the name of such juror and shall communicate the fact of such non-service to the empanelling officer by whom the panel was prepared and the name of such juror shall for all purposes be deemed never to have been entered in the panel and the necessary corrections shall be made in the jurors book from which such juror's name was taken but the validity of the panel shall not thereby be prejudiced or affected.
(7) If on any such second calling over a juror does not answer his name and the Judge is satisfied that there was a reasonable and sufficient cause for the non-attendance of such juror, the Judge shall exempt such juror from attendance as a juror during the whole or such part as the Judge shall think fit of the sittings.
Selection of jury from jurors on panel.
47.—(1) Whenever a panel of jurors has been summoned to attend a Court during any sittings, the registrar of that Court shall, before the day in that sittings on which such jurors are summoned to attend, be provided by the summoning officer with a sufficient number of cards of a convenient size and shape, all such cards being as nearly as possible of the same size, shape, material, and colour, and having written thereon the names, addresses, and descriptions of the jurors entered on the panel and their number on the panel, the name, address, description, and number of one juror only being written on each card, and such registrar shall have such cards in Court whenever a jury is required to be drawn from such panel.
(2) Whenever during any such sittings a jury drawn from such panel is required for the trial of an issue, the registrar shall unless the Judge otherwise directs call over in open court the names of all jurors entered on such panel and not marked “not served” and not for the time being exempted from attendance, and every juror, if then and there present, shall answer his name when he is called and as he answers the registrar shall place the card containing his name in a box in the nature of a ballot box to be provided for the purpose.
(3) If any such juror does not answer his name on any such calling over the Judge shall impose on him a fine of three pounds unless the Judge is satisfied that there was a reasonable and sufficient cause for the non-attendance of such juror, and whenever the Judge is so satisfied he shall exempt such juror from attendance during the residue or so much as he shall think fit of the residue of the sittings to which the panel relates.
(4) When such calling over is completed the registrar shall shake or shuffle the cards in the said box so as to mix the said cards thoroughly and shall then draw such cards out of the said box one by one and as he draws out each such card he shall call out the juror's name written thereon and thereupon such juror shall enter the jury box.
(5) So soon as a number of jurors sufficient, having regard to probable challenges and standings-by, to form a jury have been assembled in the jury box pursuant to the foregoing sub-section, the registrar shall proceed to swear such jurors in the order in which the cards containing their names were drawn out of the said box and the juror first so sworn shall be the foreman of the jury.
(6) If, by reason of challenges, standings-by, or any other cause, it is found that there are not sufficient jurors assembled in the jury box, the necessary additional jurors shall be obtained by the registrar drawing cards out of the said box in the like manner in all respects as the original jurors were obtained.
Exemption of jurors by judge.
48.—(1) Whenever a panel of jurors is required to be in attendance in a Court during any sittings, any Judge of that Court may, on any grounds which appear to him to be reasonable and sufficient, exempt any juror whose name is entered in such panel from attending as a juror during the whole or any particular part of such sittings.
(2) Whenever a panel of jurors is required to be in attendance in a Court during any sittings and it is made to appear to a Judge of that Court that a juror whose name is entered in such panel is by virtue of this Act or otherwise by law wholly exempt from or disqualified for serving as a juror, such Judge shall exempt such juror from attending as a juror during the whole or the residue (as the case may require) of such sittings.
(3) Whenever a juror is exempted under this or any other section of this Act (except the next following sub-section of this section) from attendance as a juror, the registrar shall enter in the panel opposite the name of such juror a note of such exemption and its duration.
(4) Whenever two or more juries drawn from the same panel are required to serve at the same time, any juror actually serving on any such jury shall, for the purpose of drawing any other such jury from such panel in the manner prescribed by this Act, be deemed while so serving to be exempted from attending as a juror.
Relief of jurors from unnecessary attendance.
49.—Whenever a panel of jurors is required to be in attendance in a Court during any sittings, the Judge shall take such steps as may be practicable to relieve so far as may be possible the jurors named in such panel from attending in the Court on days on which their services as jurors are not actually required and from waiting in the Court during periods in which they are not actually serving as jurors, and the Judge may for those purposes divide the panel into sections and appoint different days for the attendance of the jurors in the several sections and exempt the jurors included in any such section from attending on the days not so appointed for the attendance of such section.
Publication and supply of copies of panel.
50.—(1) Whenever jurors are summoned to attend in a Court during a sittings, a copy of the panel of jurors prepared for that sittings shall be prominently exhibited in a convenient place to which the public have access in the building in which the sittings are held and such panel shall be so exhibited on the first day on which the jurors named in such panel are required to be in attendance in the Court and shall be kept so exhibited thenceforward until the last day of such sittings.
(2) The empanelling officer or one of the empanelling officers by whom a panel of jurors for the trial of criminal issues is prepared under this Act shall supply on demand one copy of such panel free of charge to any accused person who is intended to be tried with a jury selected from such panel.
(3) The empanelling officer or any of the empanelling officers by whom a panel of jurors is prepared shall supply a copy of such panel to any person applying for the same within three days before or at any time during the sittings to which such panel relates and paying the prescribed fee therefor.
Recovery of fines on jurors.
51.—(1) All fines imposed on jurors under this Act shall be recovered in the same manner as fines imposed by the District Court are for the time being recoverable and all enactments for the time being in force in relation to the recovery of fines imposed by the District Court shall apply to the recovery of fines imposed on jurors under this Act with the substitution of the Court by which such fines are imposed for the District Court, and all such fines when recovered shall be paid into the Exchequer.
(2) Whenever a fine is imposed on a juror under this Act the master, registrar, or other principal officer of the court or judge by whom the fine was imposed shall forthwith send by post to such juror at his address stated in the panel in which his name appeared when such fine was imposed, a notice in the prescribed form informing him of the imposition of such fine and the opportunity afforded him by this section of obtaining remission thereof, and such juror may within five days after the imposition of such fine apply in person or by letter to such principal officer for a remission of such fine on such grounds as he thinks fit to put forward.
(3) Such principal officer shall bring every application for remission of a fine made to him under this section to the notice of the judge by whom such fine was imposed or, if such judge is not then in office, to his successor and such judge or his successor (as the case may be) may, if in his opinion justice so requires, remit or reduce such fine either absolutely or subject to such conditions as he thinks proper.
(4) No fine imposed on a juror under this Act shall be recoverable before the expiration of the period of five days allowed by this section for applying for remission thereof.
Mode of swearing a jury.
52.—(1) When swearing a juror the registrar shall call out the juror's name and direct him to take the Testament in his hand and shall then, unless he is challenged and the challenge is allowed, administer the oath to him in accordance with this Act.
(2) When two or more jurors are being sworn collectively, the registrar shall call out the name of each such juror separately and shall give to each such juror the direction to take the Testament in his hand immediately after calling out his name and before calling out the name of any other juror.
(3) Any juror who objects to be sworn in the ordinary manner shall make such objection immediately after his name is so called out and before the administration of the oath to him has begun.
(4) Every challenge of a juror and every direction to a juror to stand-by shall be made immediately after his name is so called out and before the administration of the oath to him has begun.
(5) If any juror refuses to be sworn or insists on being sworn in a manner not authorised by or by virtue of this Act he shall not be included in the jury then being sworn but the Judge shall impose on him a fine not exceeding ten pounds and not less than five pounds.
(6) For the purposes of this section the administration of an oath shall be deemed to be begun when the registrar begins to say the words of the oath to the juror being sworn.
(7) In this section and in the next following section the word “Testament” means, in the case of a Christian, the new Testament and, in the case of a Jew, the Old Testament.
Administration of oath to jurors.
53.—(1) In every trial in which the issue or one of the issues is whether a person is or is not guilty of a crime for which the penalty is death, the jurors shall be sworn individually one by one, and in every other trial the jury shall be sworn collectively, that is to say, all the jurors or such number of jurors as may be convenient shall be sworn at the one time, save that any juror who expresses a desire to be sworn individually and any juror who is to be sworn otherwise than in the ordinary manner shall be sworn separately and individually, the other jurors being sworn collectively as aforesaid.
(2) The ordinary manner of administering the oath shall be as follows:—
The juror or every of the jurors to be sworn shall hold the Testament in his uplifted hand and the registrar shall say to such juror or jurors the words “I swear by Almighty God that _______” followed by the appropriate form of oath prescribed by this Act and such juror or jurors shall repeat after the registrar the words so spoken by him.
(3) The Oaths Act, 1888, and also every Act for the time being in force authorising an oath to be taken in a court of justice in any particular manner shall apply to the oaths required by this Act to be taken by jurors.
(4) A juror who states that he has a religious belief but that he is neither a Christian nor a Jew may, if the Judge so permits, be sworn in any manner which he states to be binding on him.
(5) The oath shall be administered to every juror in the ordinary manner without question unless the juror appears to be physically incapable of taking the oath in that manner or voluntarily objects to take the oath in that manner and satisfies the Judge that he is by virtue of this section entitled to take the oath in some other manner.
Forms of oaths to be taken by jurors.
54.—(1) Whenever the issue to be tried by the jury is whether an accused person or a number of accused persons is or is not or are or are not guilty of a crime or offence, the form of oath to be administered to the jurors shall be as follows, that is to say:—
“I will well and truly try the issue whether the accused is (or are) guilty or not guilty of the offence (or the several offences) charged in the indictment preferred against him (or her or them) and a true verdict give according to the evidence.”
(2) Whenever it is intended that more than one such issue as is mentioned in the foregoing sub-section shall be tried by the jury, the oath to be administered to the jurors shall be in the form set out in the foregoing sub-section with the addition thereto of the following words, that is to say:—“and will in every respect so act in relation to all such other accused persons as may be given to me in charge for trial.”
(3) Whenever the issue to be tried by the jury is whether an accused person is or is not competent to plead, the form of the oath to be administered to the jurors shall be as follows, that is to say:—
“I will well and diligently inquire whether (stating the name of the accused person), the prisoner at the bar, be insane or not and a true verdict give according to the best of my understanding.”
(4) Whenever the issue to be tried by the jury is whether an accused person who stands mute is mute of malice or by the visitation of God, the form of the oath to be administered to the jurors shall be as follows, that is to say:—
“I will well and truly try whether (stating the name of the accused person), the prisoner at the bar, is mute of malice or by the visitation of God and a true verdict give according to the evidence.”
(5) Whenever the issue to be tried by the jury is not one of the issues hereinbefore expressly provided for, the form of the oath to be administered to the jurors shall be as follows, that is to say:—
“I will well and truly try all such issues as shall be given to me to try and true verdicts give according to the evidence.”
Abolition of challenges to the array.
55.—Challenges to the array are hereby abolished and no such challenges shall be allowed.
Challenges to the polls.
56.—Save as provided by this Act no challenge to the polls shall be allowed.
Challenges without cause shown.
57.—(1) The following provisions shall apply in every trial of a civil issue which is tried with a jury, that is to say:—
(a) the plaintiff or, where there are two or more plaintiffs, the plaintiffs jointly may challenge without cause shown three jurors and no more;
(b) where there are two or more plaintiffs, they shall join in their challenges;
(c) the defendant or, where there are two or more defendants and they join in their challenges, the defendants jointly may challenge without cause shown three jurors and no more;
(d) where there are two or more defendants and they do not join in their challenges, every defendant may challenge jurors without cause shown, but the total number of jurors so challenged by defendants shall not exceed three;
(e) third parties, intervenients, and other such parties shall for the purposes of this sub-section be deemed to be defendants.
(2) In every trial of a criminal issue which is tried with a jury the following provisions shall apply, that is to say:—
(a) if there is only one accused person, such person may challenge without cause shown five jurors and no more;
(b) if there are two or more accused persons, they may join in their challenges and in such case may jointly challenge without cause shown if such persons are accused of murder or treason, ten jurors and no more, in any other case, six jurors and no more;
(c) if there are two or more accused persons and they do not join in their challenges, they may each challenge jurors without cause shown but the total number of jurors so challenged by such accused persons if they are accused of murder or treason shall not exceed ten and in any other case shall not exceed six.
(3) In every trial of a criminal issue which is tried with a jury and is not prosecuted at the suit of the Attorney-General of Saorstát Eireann the prosecutor may challenge without cause shown five jurors and no more.
(4) Whenever a juror is lawfully challenged without cause shown he shall forthwith leave the jury box and shall not be included in the jury.
Challenges for cause shown.
58.—(1) In every trial of a civil issue which is tried with a jury any party may challenge for cause shown any number of jurors.
(2) In every trial of a criminal issue which is tried with a jury the accused person or any of the accused persons may challenge for cause shown any number of jurors.
(3) In every trial of a criminal issue which is tried with a jury and is not prosecuted at the suit of the Attorney-General of Saorstát Eireann the prosecutor may challenge for cause shown any number of jurors.
(4) Whenever on the trial of an issue with a jury some of the parties or the accused persons have joined or are required by this Act to join in their challenges they shall make their challenges for cause shown jointly and not severally.
(5) Whenever a juror is challenged for cause shown such cause shall be shown immediately upon the challenge being made and the Judge shall then allow or disallow the challenge as he shall think proper and such allowance or disallowance shall be final and conclusive.
(6) Whenever a juror is challenged for cause shown and such challenge is allowed by the Judge, such juror shall forthwith leave the jury box and shall not be included in the jury.
Standing-by by Attorney-General.
59.—The following provisions shall have effect in every trial of a criminal issue which is tried with a jury and is prosecuted at the suit of the Attorney-General of Saorstát Eireann, that is to say:—
(a) the said Attorney-General or the counsel or solicitor representing him may at the time prescribed by this Act direct without cause shown any juror who has not been challenged to stand-by and thereupon such juror shall not then be sworn of the jury;
(b) if, before or when all the jurors whose names are entered in the panel and who are liable to be called for service in the jury have been called, a jury is obtained without including the jurors who have been directed to stand-by, such last-mentioned jurors shall leave the jury-box as soon as such jury has been so obtained and no such last-mentioned juror shall be included in such jury;
(c) if, after all the jurors whose names are entered in the panel and who are liable to be called for service in the jury have been called, a jury is not obtained, a sufficient number of the jurors who were so directed to stand-by and are not successfully challenged under the subsequent provisions of this section, shall be sworn and included in the jury in the order in which the cards containing their names were drawn from the box;
(d) the said Attorney-General or the counsel or solicitor representing him may challenge for cause shown any juror who, having been directed to stand-by, is called to be sworn under the foregoing paragraph;
(e) whenever a juror is challenged under the foregoing paragraph the cause shall be shown immediately upon the challenge being made and the Judge shall then allow or disallow the challenge as he shall think proper and such allowance or disallowance shall be final and conclusive;
(f) if any such challenge is so allowed, the juror so challenged shall forthwith leave the jury-box and shall not be included in the jury.
View juries.
60.—(1) In the trial of any issue with a jury the Judge may, at any time after the jurors have been sworn and before they have given their verdict, order that the jurors shall have a view of any place specified in the order which in the opinion of the Judge it is expedient for the purposes of the trial that the jurors should see and when any such order is made the Judge may adjourn the trial at such stage and for such time as appears to him to be convenient for the execution of the order.
(2) In the trial of a civil issue, an order under this section shall only be made on the application of one of the parties to the suit or matter and the expenses of the conveyance of the jurors to and from the place specified in the order shall be paid in the first instance by the party on whose application the order was made but shall be included in his costs of the trial and ultimately borne accordingly.
(3) In the trial of a criminal issue, an order under this section shall only be made on the application of the prosecutor or of the accused person or of one or more of the accused persons and the expenses of the conveyance of the jurors to and from the place specified in the order shall be paid by the county registrar or other officer acting as registrar to the Court during the trial out of moneys to be provided by the Oireachtas.
(4) Whenever a Judge makes an order under this section he shall give such directions as shall appear to him to be expedient for the purpose of preventing undue communication with the jurors during the execution of the order, but no breach of any such directions shall be a ground for ordering a new trial.
Heating and refreshments for jurors.
61.—(1) The jurors sworn for the trial of any issue shall, on the direction of the Judge, at any time before giving their verdict, be allowed the use of a fire when out of court and also be allowed to obtain reasonable refreshments.
(2) When jurors are allowed the use of a fire under this section such fire shall be provided by the proper officer of the Court and the expenses thereof shall be paid out of moneys to be provided by the Oireachtas.
Payment of jurors.
62.—In every trial of a civil issue, if and when a verdict has been found by the jury, the party in whose favour such verdict is found shall at the conclusion of the trial pay to every juror the sum of five shillings, and the sums so paid shall be included in the costs of such party and be ultimately borne accordingly.
Separation of jurors during trial.
63.—(1) In any trial of a criminal issue other than an issue whether a person is or is not guilty of murder, or of treason, or of treason felony, the Judge may, if he so thinks fit, permit the jurors to separate at any time before they consider their verdict in the like way as jurors have heretofore been permitted to separate in the trial of an issue whether a person is or is not guilty of a misdemeanour.
(2) In every trial of an issue whether a person is or is not guilty of murder, or of treason, or of treason felony, and in every trial of any other criminal issue in which the jurors are not permitted to separate, if the trial is not concluded at the rising of the Court for the day the jurors shall not be permitted to separate and the proper officer shall take such steps as he shall think proper or the Judge shall direct to ensure that the jurors shall not separate and to provide them with suitable accommodation during the night and to enable them to obtain reasonable refreshments.
(3) In every trial of an issue, whether civil or criminal, tried with a jury the proper officer shall take such steps as he shall think proper or the Judge shall direct to provide the jurors with or to enable them to obtain reasonable refreshments in accordance with the practice heretofore observed during every period for which the Judge may rise during the day without permitting the jury to separate.
(4) The duties imposed by this section on the proper officer shall be duties in relation to jurors and juries which have heretofore been performed by the under-sheriff within the meaning of section 30 (which relates to the performance of such duties) of this Act, and the said duties so imposed on the proper officer shall accordingly be performed by the officer designated in that behalf by the said section 30 and all expenses in relation to the performance of such duties shall be borne or defrayed in the manner directed by the said section.
Death or illness of juror during trial.
64.—Whenever in the course of the trial of any issue, a juror dies or is discharged by the Judge owing to his being incapable through illness or any other cause of continuing to act as a juror, the jury shall, unless the Judge otherwise directs or the number of jurors is thereby reduced below ten, be considered as remaining properly constituted for all the purposes of such trial, and such trial shall proceed and a verdict may be found accordingly.
Application of Part V. to certain cases.
65.—(1) Whenever a panel of jurors is lawfully in attendance before the Chief Justice not sitting as a Judge of the High Court then, for the purposes of the application of this Part of this Act, the Chief Justice shall be a court and also the judge of such court.
(2) Whenever a panel of jurors is lawfully in attendance before an officer of the High Court or of the Chief Justice then, for the purposes of the application of this Part of this Act, such officer shall be a court and also the judge of such court.
PART VI.
General.
Abolition of special and common juries.
66.—(1) On the passing of this Act every provision in any statute, order, rule of court, or other enactment whereby any person is entitled either generally or in particular circumstances to a special jury shall cease to have effect.
(2) Every reference in any statute, order, rule of court, or other enactment not repealed or terminated by this Act to a special jury or to a common jury shall be construed and have effect as a reference to a jury under this Act.
Non-application of Act to coroners' inquests.
67.—Nothing in this Act shall apply to an inquest held by a coroner by virtue of his office and in this Act the word “jury” does not include a jury at such an inquest and the word “juror” does not include a juror serving on such a jury.
Expenses of execution of Act.
68.—Save as is otherwise provided by this Act, all expenses incurred in carrying this Act into execution shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.
Prescription by the Minister.
69.—The Minister may by order prescribe any matter or thing which is in this Act referred to as prescribed or to be prescribed.
Repeals.
70.—The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of the said Schedule.
Definitions.
71.—In this Act—
the expression “the Minister” means the Minister for Justice,
the expression “the Chief Justice” means the Chief Justice of the Irish Free State,
the word “prescribed” (except in Part II. of this Act) means prescribed by the Minister under this Act,
the word “county” means administrative county,
the expression “rateable value” means the annual rateable value under the Valuation Acts,
the word “land” includes lands, tenements, hereditaments, and premises of any description,
the expressions “registration officer,” “registration area,” and “register of electors” have the same meanings as they respectively have in the Electoral Act, 1923 (No. 12 of 1923).
Short title.
72.—This Act may be cited as the Juries Act, 1927.
FIRST SCHEDULE.
Persons Exempted from Serving as Jurors.
PART I.
Persons Absolutely Exempted.
The Governor-General.
Members of the Oireachtas.
Members of the Defence Forces of Saorstát Eireann on full pay.
Members of the Gárda Síochána.
Persons holding any paid judicial office in Saorstát Eireann.
The Attorney-General of Saorstát Eireann.
The Comptroller and Auditor-General.
Members of the staff of the Oireachtas or either House thereof.
All officers and servants employed in any office attached to a Court of Justice or to the Chief Justice.
Persons holding any public office and paid out of public moneys or holding office under a local authority and paid out of local rates.
Clergymen in Holy Orders and other persons who teach or preach in any religious congregation and do not follow any secular occupation.
Persons in the employment of the Commissioners of Irish Lights.
Barristers-at-law actually practising as such.
Solicitors actually practising as such, including solicitors employed at a salary or otherwise to render services as solicitors exclusively to their employers.
Persons actually employed as clerks on work of a legal character by solicitors who are themselves exempted or entitled to be exempted as such solicitors.
Persons who cannot read or write and persons who from lunacy, imbecility of mind, deafness, blindness or other permanent infirmity are unfit to serve as jurors.
PART II.
Persons Exempted but Entitled to Serve on Appllication.
Women.
Peace Commissioners.
Registered medical practitioners actually practising as such, including registered medical practitioners employed at a salary or otherwise to render medical services exclusively to their employers or to any particular class of persons.
Veterinary surgeons actually practising as such.
Registered dentists actually practising as such.
Pharmaceutical chemists duly registered actually practising as such.
Persons actually employed as professors, schoolmasters or teachers in any university, college, school, or academy.
Masters of vessels actually employed as such.
Duly licensed pilots.
Persons engaged in wholetime employment on the staff of any daily or weekly newspaper as editor (whether chief, subordinate, or special), literary manager, writer of articles, reporter, or artist.
Corporate Members of the Institution of Civil Engineers of Ireland engaged in the active practice of their profession.
SECOND SCHEDULE.
Enactments Repealed.
Session and Chapter. | Short Title. | Extent of Repeal. |
40 Geo. III., c. 72 (Ir.). | ____ | Section 7. |
9 Geo. IV., c. 54. | The Criminal Law (Ireland) Act, 1828. | Section 9. |
1 & 2 Will. IV., c. 44. | The Tumultuous Risings (Ireland) Act, 1831. | Section 9 so far as relates to the levying of fines imposed on jurors and the application of sums so levied |
14 & 15 Vict., c. 90. | Fines Act (Ireland), 1851. | Section 9 so far as it relates to appeals against imposition of fines upon jurors |
27 & 28 Vict., c. 28. | The Common Law Procedure Amendment Act (Ireland), 1864, as to County of Cork Juries. | The whole Act. |
34 & 35 Vict., c. 65. | The Juries Act (Ireland), 1871. | The whole Act. |
35 & 36 Vict., c. 25. | The Juries Act (Ireland), 1872. | The whole Act. |
39 & 40 Vict., c. 21. | The Jurors Qualification (Ireland) Act, 1876. | The whole Act. |
39 & 40 Vict., c. 78. | The Juries Procedure (Ireland) Act, 1876. | The whole Act except section 13. |
57 & 58 Vict., c. 49. | The Jurors (Ireland) Amendment Act, 1894 | The whole Act |
60 & 61 Vict., c. 20. | The Quarter Sessions Jurors (Ireland) Act, 1897. | The whole Act. |
61 & 62 Vict., c. 37. | The Local Government (Ireland) Act, 1898. | Sub-section (7) of section 69 |
9 & 10 Geo. V., c. 71. | The Sex Disqualification (Removal) Act, 1919. | Section 1 so far as the same relates to exemption by sex or marriage from liability to serve as a juror. |
9 & 10 Geo. V., c. 92. | The Aliens Restriction (Amendment) Act, 1919. | Section 8. |
No. 18 of 1924. | The whole Act. | |
No. 44 of 1924. | Sections 10, 11 and 14. | |
No. 37 of 1926. | The whole Act. |