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JURIES ACT (IRELAND) 1871

JURIES ACT (IRELAND) 1871 - LONG TITLE

An Act to amend and consolidate the Laws relating to Juries in
Ireland.{1}
[14th August 1871]
Preamble rep. by SLR 1893 (No.2)

Short title.

JURIES ACT (IRELAND) 1871 - SECT 1

1. This Act may be cited for all purposes as "The Juries Act
(Ireland), 1871."

JURIES ACT (IRELAND) 1871 - SECT 2
Extent.

2. This Act shall extend to Ireland only.

JURIES ACT (IRELAND) 1871 - SECT 3
Interpretation.

3. In the construction and for the purposes of this Act (if not
inconsistent with the context or subject matter), the following words
shall have the respective meanings herein-after assigned to them;
(that is to say,)

"County" shall include ["county borough"] and "the city and county
of Londonderry":

Definitions rep. by 1978 c.23 s.122(2) sch.7 Pt.I

"Sheriff" shall include under sheriff:

Definition rep. by 1919 c.71 s.4(2) sch.

"Barony" shall include half barony or other division of a barony,
and in counties of cities or counties of towns shall mean wards.

JURIES ACT (IRELAND) 1871 - SECT 4
Repeal.

4. ... every ... Act or Acts and such parts of every ... Act or
Acts as shall be inconsistent with this Act, shall be and they are
hereby repealed, ....

Ss.516 rep. by 1876 c.78 s.20; SLR 1893 (No.2); 1951 c.24 (NI) s.2
sch. Pt.I; 1953 c.19 (NI) s.11 sch.2; SLR (NI) 1954; 1967 c.18
(NI) s.15(2) sch.2 Pt.II; 1974 NI 6 art.9(2) sch.5

JURIES ACT (IRELAND) 1871 - SECT 17
Returning officers to have access to ""the Jurors List'' and all
names to be returned from such books.

17. Where any precept for the return of jurors shall be issued to
any coroner, elisor, or other officer, he shall have free access to
"the [Jurors List]" ... for the current year, or for the preceding
year, as he may require; and no sheriff or other officer shall in
answer to any precept ... return the name of any person not
contained in "the [Jurors List]" ... for the year current on the
day named in such precept for such return: Provided always, that if
there shall be no ["Jurors List"] ... in existence for such current
year, it shall be lawful to return jurors from "the [Jurors List]"
... for the next preceding year, and if any person or persons
whose names shall not be contained in such ["Jurors List"] ...
shall be returned and sworn as a juror or jurors upon any trial
without objection, such trial shall not be interrupted or deemed a
mistrial, nor shall the verdict thereon be impeached or questioned
on account of the return of such juror or jurors.

JURIES ACT (IRELAND) 1871 - SECT 18
Sheriff shall apply for precepts.

18. It shall be the duty of every sheriff within whose bailiwick
any court shall be appointed to be held before which the attendance
of juries may be required, to apply for and procure to be issued
in sufficient time before the time appointed for holding such court
all such precepts as shall be necessary for commanding the return
of jurors before such court, and immediately after the issue of any
such precept the sheriff or other officer to whom the same shall
be issued shall, according to the exigency of such precept, select
a sufficient number of names from the ["Jurors List"] ... and
prepare a panel thereof, and in all cases at the time of making
such selection the said sheriff or other officer making the same
shall inscribe the date thereof and the court for which such names
are selected to be returned as jurors opposite each of the names
so selected in the proper column of "the [Jurors List]", ... and
shall initial in such ["Jurors List"] ... the names selected by
him, and the jurors so selected shall be summoned as herein-after
provided; and a written or printed panel containing the Christian
names and surnames, arranged in the order in which they are ...
selected from the ["Jurors List"], and the places of abode, and
additions of the persons summoned, shall, seven days before the day
named in such precept for the return of such panel, be made by
such sheriff or other officer, and such panel shall contain a
column in which, if any of the persons named in such panel has
been previously summoned and returned as a ... juror, ..., ...
during the same or the two preceding years, there shall be entered
on the panel opposite such person's name the date when and the
court before which such person shall have been so summoned and
returned as a ... juror, ... and such panel shall be kept in the
sheriff's office of the county, ..., for inspection, and a printed
copy of such panel shall be delivered by the sheriff or his
returning officer to any party requiring the same on payment of
[such fee as may be prescribed by rules of court made under
section 55 of the Judicature (Northern Ireland) Act 1978].

S.19 rep. by 1926 c.15 (NI) s.18(6) sch.6; 1953 c.19 (NI) s.11
sch.2; 1974 NI 6 art.9(2) sch.5

JURIES ACT (IRELAND) 1871 - SECT 20
Sheriff within one week after return of jurors to send certified
copy of panel to chief clerk.

20. The sheriff or other officer to whom any precept shall have
been issued for the return of jurors before any court shall, within
one week after he has summoned or made his return of jurors in
obedience to such precept, send and deliver to the [chief clerk] a
true and complete copy, certified under the hand of such sheriff or
officer, of the panel of jurors summoned or returned in obedience
to such precept in every case in which the sheriff does not return
the original panel to the [chief clerk], and the said [chief clerk]
shall place and preserve the said copy panel along with any
original panel among the records in his office.

S.21 (summoning of jurors) rep. by 1876 c.78 s.6

JURIES ACT (IRELAND) 1871 - SECT 22
Jurors in the county of the city of Belfast may be summoned by
post.

22. Provided, that in the county of the city of [Belfast] jurors
may be summoned as aforesaid, or in the manner following; that is
to say, the sheriff or other proper officer may make out a summons
as herein-before prescribed, and such summons, having the words "jury
summons" legibly written or printed on the same side as the
address, may be sent open by the post, prepaid and directed to the
person so required to serve as a juror, at his place of abode, as
described in the "general jurors book," which said summons together
with a duplicate indorsed with the name and address of the juror
to whom the original summons is directed, shall be taken to the
postmaster of any post office where money orders are received or
paid within such hours as shall have been previously agreed upon at
such post office, and [the postmaster, upon receipt of the fee (if
any) exigible for so doing, shall] compare the address of the said
summons with that of the duplicate, and, on being satisfied that
they are alike, shall forward the summons to its address by the
post, and shall return the duplicate to the party bringing the
same, duly stamped with the stamp of the post office, and the
production by the party who posted such summons of such stamped
duplicate shall be evidence of the summons having been delivered at
the dwelling-house of the person whose name and address are therein
indorsed at the place mentioned in such indorsement on the day on
which such summons would, in the ordinary course of post, have been
delivered, provided it shall appear that the same was not returned
by the post office as undelivered, and any summons sent by the
post office as before mentioned, and not so returned as undelivered,
shall be considered in all respects as duly served, and in the
event of any person to whom any summons shall be addressed being
ascertained to be dead or to have permanently left the place to
which such summons is addressed, the postmaster or letter carrier of
the place in which the summons shall then be shall indorse thereon
the reason for the non-delivery thereof, and forward the same in
the usual course of post to the returned letter office ..., in
order that it may be returned to the sender: Provided always, that
when any summons shall be served by post two additional days shall
be allowed for the transmission of such summons by post over and
above the number of days required by law for the service of a
summons before the day on which the juror is required to attend,
and any ... fees and postage paid by the said sheriff or other
officer for the summoning of jurors by post, under the provisions
of this Act, shall be defrayed in the same way as the expenses
incurred ... in the execution of this Act.

JURIES ACT (IRELAND) 1871 - SECT 23
If name shall be on Jurors List no challenge for want of
qualification or want of a knight or jury duly summoned.

23. If any person shall be returned as a juror in any court whose
name shall be on the ["Jurors List"], want of qualification shall
not be a cause of challenge, nor shall any challenge be taken to
any panel of jurors for want of a knight being returned on such
panel, or on the ground that the jurors, or any of them, were not
duly summoned, and the fact that the name of any person returned
as a ... juror is not on the ["Jurors List"] ..., or that such
person was returned to serve as a juror contrary to the provision
for the returning of jurors [in Article 5 of the Juries (Northern
Ireland) Order 1974], shall be a good cause of challenge to any
person so returned before any court, and any such person shall be
discharged upon such challenge if the court shall be satisfied of
the fact upon the production of the ["Jurors List"] ... or by such
other evidence as the said court shall deem sufficient, but it
shall lie on the person challenging to prove the fact, and the
production of the ["Jurors List"] ... shall be conclusive evidence
as against all parties to any issue or issues, whether civil or
criminal, triable in any of the Queen's courts, and to be tried by
any jurors whose names shall have been returned out of any such
["Jurors List"] ... that [the Jurors List has] been duly prepared
and made out ..., and except as aforesaid, nothing in this Act
contained shall alter or affect any existing right of challenge
belonging to the Crown or to the subject, in any cause, whether
civil or criminal, and whether conferred by statute or otherwise.

Ss.2428 rep. by 1872 c.25 s.1; 1876 c.78 s.16; SLR 1893 (No.2);
1953 c.19 (NI) s.11 sch.2; 1959 c.25 (NI) s.154(3) sch.5; 1974 NI
6 art.9(2) sch.5

S.29 rep. by 1974 NI 6 art.9(2) sch.5

JURIES ACT (IRELAND) 1871 - SECT 30
General precept for the return of jurors.

30. No jury process shall henceforth be necessary in any case
whatsoever, but it shall be lawful and sufficient for the judge, or
any one of the judges of Her Majesty's courts, before which the
attendance of jurors shall be required, fifteen days at the least
before the first day upon which such attendance shall be required,
to issue a precept for the return of jurors under the hand of
such judge to the sheriff or other officer to whom the return of
jurors shall belong, and from whose bailiwick or jurisdiction the
attendance of jurors shall be required; and such precept shall
command the sheriff or other officer to whom the same shall be
issued to summon and return, on a day to be named therein for the
trial of all issues, whether civil or criminal, which may come on
for trial before the said court, a sufficient number of good and
lawful men ..., qualified according to law, and shall not require
the same to be returned from any particular venue ... and every
such sheriff or other officer shall, pursuant to such precept, and
without any other authority, summon and return all such men as he
shall be so required to summon, in manner herein-before provided;
and the jurors whose names are contained on any such panel as
aforesaid shall, subject to all just challenges and objections, be
the jurors to try the causes for which they shall be summoned
respectively, and all such proceedings may be heard and taken before
such juries in like manner and with the like consequences in all
respects as before the passing of this Act; ....

S.32 rep. by 1974 NI 6 art.9(2) sch.5; 1978 c.23 s.122(2) sch.7
Pt.I. Ss.3337 rep. by 1953 c.19 (NI) s.11 sch.2

JURIES ACT (IRELAND) 1871 - SECT 38
View jury to be by rule.

38. A writ or clause of view shall not be necessary or used, but
... it shall be sufficient to obtain a rule of the court or a
judge's order directing a view to be had, and directing the sheriff
to have six or more of the jurors named in the panel chosen by
consent, or, if the parties cannot agree, nominated by the proper
officer of the court at the place in question some convenient time
before the trial; and the viewers shall have the place shown to
them by two persons to be named in the order, and to be appointed
by the court or a judge; and the sheriff, upon request, shall
deliver to either party the names of the viewers, and shall also
return their names to the registrar, for the purpose of their being
called as jurymen upon the trial.

S.39 rep. by 1953 c.19 (NI) s.11 sch.2

JURIES ACT (IRELAND) 1871 - SECT 40
Penalty on defaulting jurors.

40. If any man having been duly summoned to attend on a jury
shall not attend in pursuance of such summons ..., or if any such
man, or any talesman, after having been called, shall be present
but not appear, or after his appearance shall wilfully withdraw
himself from the presence of the court, the court shall set such
fine as the court shall think meet upon every such man or talesman
making default, unless some reasonable excuse shall be proved by
oath or affidavit, as the court shall think meet: Provided that
where any viewer, having been duly summoned to attend on any jury,
shall make default as aforesaid, the court is hereby authorized and
required to set upon such viewer (unless some reasonable excuse
shall be proved as aforesaid) a fine to the amount of ten pounds
at the least, and as much more as the court under the
circumstances of the particular case shall think proper.

JURIES ACT (IRELAND) 1871 - SECT 41
Names of jurors to be balloted for.

41. The name of each man who shall be summoned and empannelled ...
as a ... juror [in the High Court or the Crown Court], with the
place of his abode and addition, shall be written on a distinct
piece of parchment or card, being all as nearly as may be of an
equal size, which shall be delivered unto the clerk or registrar of
the judge who is to try the cause by the sheriff or other officer
returning the process, and shall, by direction and care of such
clerk or registrar, be put together in a box to be provided for
that purpose; and when any issue shall be brought on to be tried,
such clerk or registrar shall in open court draw out twelve of the
said parchments or cards, one after another, after having shaken
them together, or, in cases where any view shall have been directed
and had as aforesaid, so many as, together with the viewers who
shall appear and shall be sworn, shall be sufficient to make up
the number of twelve; and if any of the men whose names shall be
so drawn shall not appear, or shall be challenged and set aside,
then such further number, until twelve men, or such other number
as, together with such viewers so appearing and sworn as aforesaid,
shall make up the number of twelve, be drawn, who shall appear,
and who, after all just causes of challenge allowed, shall remain
as fair and indifferent; and the said twelve men, and their names
being marked in the panel, and they being sworn, shall be the jury
to try the issue; and the names of the men so drawn and sworn
shall be kept apart by themselves until such jury shall have given
in their verdict and the same shall be recorded, or until such
jury shall by consent of the parties or by leave of the court, be
discharged, and then the same names shall be returned to the box,
there to be kept with the other names remaining at the time
undrawn, and so toties quoties as long as any issue remains to be
tried: Provided always, if any issue shall be brought on to be
tried in any of the said courts before the jury in any other
issue shall have brought in their verdict or been discharged, it
shall be lawful for the court to order twelve of the residue of
the said parchments or cards not containing the names of any of
the jurors who shall not have so brought in their verdict or been
discharged, to be drawn in such manner as aforesaid for the trial
of the issue which shall be so brought on to be tried: Provided
also, that when both parties shall consent thereto, the court may
try any issue with the same jury that shall have previously tried
or been drawn to try any other issue, without their names being
returned to the box and withdrawn, or order the name or names of
any man or men on such jury, whom both parties may consent to
withdraw, or who may justly be challenged or excused by the court,
to be set aside, and another name or other names to be drawn on
the box and try the issue with the residue of such original jury
and with such man or men whose name or names shall be so drawn,
and who shall appear and be approved as indifferent, and so toties
quoties as long as any issue remains to be tried.

JURIES ACT (IRELAND) 1871 - SECT 42
Tales de circumstantibus.

42. Where a full jury shall not appear before [the High Court or
the Crown Court], or where, after appearance of a full jury, by
challenge of any of the parties the issue is likely to remain
untaken for default of jurors, every such court, upon request made
for the Queen by any one thereto authorized, or assigned by the
court, in cases of such criminal prosecutions as aforesaid, or on
request made by the parties, plaintiff or defendant, or their
respective attorneys, in any action or suit, shall command the
sheriff or other officer to whom the making of the return shall
belong to name and appoint, as often as need shall require, twelve
other able men ... then present; and the sheriff or other officer
to whom the making of the return shall belong aforesaid, shall at
such command of the court return twelve such men duly qualified who
shall be present or can be found to serve on such jury, and shall
add and annex their names to the former panel: ... and the names
of the persons so to be named with their additions and places of
abode, shall be written on several distinct pieces of parchment or
card being all as near as may be of equal size, and shall be
delivered to the clerk or registrar of the judge before whom such
issue is to be tried, by the sheriff or other officer to whom the
returning of such jury shall belong, and shall by the direction and
care of such clerk or registrar, be rolled up as near as may be
in the same manner, and put together in a box or drawer, and
shaken together, and the said clerk or registrar or other
indifferent person, by direction of the court, in open court, shall
draw out such pieces of parchment or card, one after another, until
a number shall appear which shall be sufficient, with those of the
original panel who appear to make up the number of twelve, who
shall be the jury to try the said issue; and the Queen, by any
one so authorized or assigned as aforesaid, and all and every the
parties aforesaid, shall and may, in each of the cases aforesaid
respectively, have their respective challenges to the jurors so added
and annexed; and the court shall proceed to the trial of every
such issue with those jurors who were before empannelled, together
with the talesmen so newly added and annexed, as if all the said
jurors had been returned upon the precept awarded to try the issue.

JURIES ACT (IRELAND) 1871 - SECT 43
Sheriff indemnified for returning names contained in Jurors List.

43. Every sheriff and other officer to whom the return of juries
shall belong shall be and is hereby indemnified for empannelling and
returning any man named in the ["Jurors List"] ... although he may
not be qualified or liable to serve on juries; and if any sheriff
or other such officer shall empannel and return any man to serve
on any such jury before any court ..., such man's name not being
inserted in the ["Jurors List"] ... for the current year, or if
said ["Jurors List"] ... has not been [prepared] then in the
["Jurors List"] ... last [prepared], or if any officer of any court
shall wilfully record the appearance of any person so summoned and
returned who did not really appear, in every such case the court
shall, upon examination in a summary way, set such fine upon such
officer so offending as the court shall think meet.

JURIES ACT (IRELAND) 1871 - SECT 44
No money to be taken by any officer to excuse persons from
serving.

44. No sheriff, coroner, elisor, bailiff, or other officer or person
whatsoever shall, directly or indirectly, take or receive any money
or other reward, or promise of money or reward, or any
consideration whatsoever, or the promise of any consideration, to
excuse any man from serving or from being summoned to serve on
juries, or under any such colour or pretence; and no bailiff or
other officer appointed by any sheriff, coroner, or elisor to summon
juries, shall summon any man to serve thereon, other than those
whose names are specified in a warrant or mandate signed by such
sheriff, coroner, or elisor, and directed to such bailiff or other
officer; and if any sheriff, coroner, elisor, bailiff, or other
officer shall wilfully transgress in any of the cases aforesaid, or
shall neglect to summon any juror any number of days less than the
number herein-before appointed for that purpose, the court within
whose jurisdiction such offence shall have been committed may and is
hereby required, on examination and proof of such offence in a
summary way, to set such a fine upon every person so offending as
the court shall think meet, according to the nature of the offence.

Ss.4549 rep by, SLR 1893 (No.2); 1953 c.19 (NI) s.11 sch.2; 1954
c.11 (NI) ss.1, 3 sch.; SLR (NI) 1954; 1959 c.15 (NI) s.38 sch.;
1967 c.18 (NI) s.15(2) sch.2 Pt.I; 1974 NI 6 art.9(2) sch.5; 1978
c.23 s.122(2) sch.7 Pt.I

JURIES ACT (IRELAND) 1871 - SECT 50
Fines to be levied as provided by 1851 c.90.

50. All fines and penalties incurred or imposed under this Act by
any court or judge shall be levied and recovered and applied as by
the Fines Act (Ireland), 1851, is provided.

S.51 rep. by 1978 c.23 s.122(2) sch.7 Pt.I. S.52 rep. by 1872 c.25
s.1

First and Second Schedules rep. by SLR (NI) 1954. Third Schedule
rep. by 1953 c.19 (NI) s.11 sch.2; SLR (NI) 1954; 1974 NI6
art.9(2) sch.5. Fourth and Fifth Schedules rep. by SLR (NI) 1954






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