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23 1927

JURIES ACT, 1927

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.