5 15 the Baronies within the District for which such Court of Sessions shall be assembled. And be it further Enacted, That every Sheriff or other Minister to whom the Return of Juries for the trial of Issues before any Court of Assize or Nisi Prius in any county, city or town of Ireland may belong, shall upon his return of every Writ of Venire Facias (unless in causes intended to be tried at bar, or in cases where a Special Jury shall be struck by Order or Rule of Court) annex a Panel to the said Writ, containing the names alphabetically arranged, together 10 with the places of abode and additions of a competent number of Jurors named in the Jurors Book; and that the names of the same Jurors shall be inserted in the Panel annexed to every Venire Facias for the trial of all Issues at the same Assizes or Sessions of Nisi Prius in such county, city or town, which number of Jurors shall not be less than Thirty-six nor more than Sixty, unless by the direction of the Judges appointed to hold the Assizes or Sessions of Nisi Prius in the same county, city or town, or one of them, who are and is hereby empowered, by order under their or his hands or hand, to direct a greater or lesser number, and then such number as shall 20 be so directed shall be the number to be returned; and such Jury so returned shall be competent to try all the Issues at that Assizes or Session of Nisi Prius, and that in the Writ of Habeas Corpora Juratorum or Distringas subsequent to such Writ of Venire Facias, it shall not be requisite to insert the names of all the Jurors contained in such Panel, but it shall be sufficient to insert in the mandatory parts of such Writs respectively, "The bodies of the several persons in the Panel to this Writ annexed named," or words of the like import, and to annex to such Writs respectively Panels containing the same names as were returned in the Panel to such Venire 30 Facias, with their places of abode and additions; and that for making the Returns and Panels aforesaid, and annexing the same to the respective Writs, the legal fee, and no other, shall be taken; and that the men named in such Panels, and no others, shall be summoned to serve on Juries at the then next Court of Assizes or Session of Nisi Prius for the respective counties, cities and towns named in such Writs. 25 35 15. If Plaintiff Venire, &c. in order to Trial, and proceed not, he may fue forth a afterwards fue And be it further Enacted, That if any Plaintiff or Demandant in any cause which shall be at issue in any of His Majesty's Courts of Record at Dublin, or any Defendant in any action of Quare Impedit 40 or Replevin which shall be so at issue, shall sue out any Writ of Venire Facias, upon which any Writ of Habeas Corpora or Distringas with a Nisi Prius shall issue, in order to the trial of the said Issue at the Assizes or Sessions of Nisi Prius in any county, city or town, and shall not proceed to trial at the first Assizes or Sessions of Nisi 6 Geo. 4. c. 50. § 16, Prius 132. forth another Venire, &c. and try it at any fubfequent Affizes. Defendant may do the fame. 16. Copy of the Panel to be kept in the Sheriff's Office, for the the Parties, and their Attornies. 6 Geo. 4. 5 Prius for such county, city or town, after the teste of such Writ of 30 And be it further Enacted, That the Sheriff or other Minister to whom the Return of Jurors for the trial of Causes in any county, city or town in Ireland may belong, shall cause to be made out an Infpection of alphabetical List of the names of all the Jurors contained in the Panels to the several Writs of Venire Facias annexed as aforesaid, with their respective places of abode and additions; and every such Sheriff or 35 other Minister shall keep such List in the office of his Under-sheriff or Deputy, for Seven days at least before the sitting of the next Court of Assize or Nisi Prius; and the parties in all causes to be tried at any such Court of Assize or Nisi Prius, and their respective Attornies, shall on demand have full liberty to inspect such Lists without 40 any fee or reward to be paid for inspection. c. 50. $ 19. 17. Provifo for Powers of Courts of Criminal Cafes for returning Juries as heretofore. 6 Geo. 4. c. 50. § 20. Provided always, and be it further Declared and Enacted, That nothing herein contained shall be construed to prevent the Court of King's Bench, or any Court of Oyer and Terminer, Gaol Delivery, .or 5 or Court of Sessions of the Peace, from respectively having and exercising the same power and authority as they may now have and exercise, in issuing any Writ or Precept, or in making any Award or Order, orally or otherwise, for the return of a Jury for the trial of any Issue before any of such Courts respectively, or for the amending or enlarging the Panel of Jurors returned for the trial of any such Issue; and the return to every such Writ, Precept, Award or Order, shall be made in the manner heretofore used and accustomed in such Courts respectively; save and except that the Jurors shall be returned from 10 the body of the county, and not from any particular venue within the county, and shall be qualified according to this Act. And be it further Enacted, That where in any case, either civil or criminal, or on any penal statute depending in any of the said Courts of Record in Dublin, it shall appear to any of the respective Courts, 15 or to any Judge thereof in vacation, that it will be proper and necessary that the Jurors, or some of the Jurors who are to try the Issue in such case, should have the View of the place in question, in order to their better understanding the evidence that may be given upon the trial of such Issues, in every such case such Court, or any Judge 20 thereof in vacation, may order a rule to be drawn up containing the usual terms, and also requiring, if such Court or Judge shall so think fit, the party applying for the View to deposit in the hands of the Under-sheriff a sum of money to be named in the rule, for payment of the expenses of the View, and commanding special Writs of Venire 25 Facias, Distringas, or Habeas Corpora to issue, by which the Sheriff or other Minister to whom the said Writs shall be directed, shall be commanded to have Six or more of the Jurors named in such Writs, or in the panels thereunto annexed, (who shall be mutually consented to by the Parties, or if they cannot agree, shall be nominated by the 30 proper officer of the respective Courts of King's Bench, Common 35 40 Pleas, or Exchequer at Dublin, for the causes in their respective Courts) at the place in question, some convenient time before the trial, who then and there shall have the place in question shown to them by Two persons in the said Writs named, to be appointed by the Court or Judge; and the said Sheriff or other Minister who is to execute any such Writ, shall, by a special return upon the same, certify that the View hath been had according to the command of the same, and shall specify the names of the Viewers. And be it further Enacted, That where a View shall be allowed in any case, those Men who shall have had the View, or such of them as shall appear upon the Jury to try the Issue, and shall not be challenged off, shall be first sworn; and so many only shall be added to the Viewers who shall appear, as shall, after all defaulters and challenges allowed, make up a full Jury of Twelve. 132. C And 20. Jurors to be fum- 6 Geo. 4. c. 50. [See Irish Acts, 29 Geo. 2. c. 6. § 2. 17, 18 Geo. 3. c. 45. 21. Names of Jurors to ries in Civil Courts. 6 Geo. 4. c. 50. And be it further Enacted, That the Summons of every Man to serve on any Jury, Common or Special, in any of the Courts aforesaid, shall be made by the proper Officer Four days at least before the day on which the Juror is to attend, by showing to the Man to be summoned, or in case he shall be absent from the usual place of 5 his abode, by leaving with some person there inhabiting, a note in writing under the hand of the Sheriff or other proper Officer, containing the substance of such Summons. And be it further Enacted, That the Name of each Man who shall be summoned and impanelled in any Court of Assize or Nisi Prius, 10 with the place of his abode and addition, shall be written on a distinct piece of parchment or card, such pieces of parchment or card being all as nearly as may be of equal size, and shall be delivered unto 29 Geo. 2. c. 6. § 4.] the Clerk of the Judge of Assize or Nisi Prius who is to try the cause by the Under-sheriff of the county, city or town, or other officer 15 returning the process, and shall by direction and care of such Clerk § 26. [See Irish Act, Where the Jury have others to be drawn. 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 shall in open court draw out Twelve of the said parchments or cards one after another, or in cases where any View shall have been directed and 20 had as aforesaid, so many as, together with the Viewers who shall appear and 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 25 such Viewers so appearing and sworn as aforesaid, shall make up the number of Twleve, 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, their names being marked in the panel and they being sworn, shall be the Jury to try the Issue; and 30 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 the 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 35 other names remaining at that time undrawn, and so toties quoties as long as any Issue remains to be tried: Provided always, That 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 40 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 is aforesaid for the trial of the Issue which shall be so brought on to be tried: Provided also, That where both parties shall consent thereto, thereto, it shall be lawful for the Court to 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 redrawn, or to order the name or names of any Man or Men on such 5 Jury whom both parties may consent to withdraw, or who may be justly challenged or excused by the Court, to be set aside, and another name or other names to be drawn from the box, and to 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 10 appear and be approved as indifferent, and so toties quoties as long as any Issue remains to be tried. 15 And be it further Enacted, That if any Man shall be returned as a Juror for the trial of any Issue in any of the Courts hereinbefore mentioned, who shall not be qualified according to this Act, the want of such Qualification shall be good cause of Challenge, and he shall be discharged upon such Challenge, if the Court shall be satisfied of the fact; and that if any Man returned as a Juror for the trial of any such Issue shall be qualified in other respects according to this Act, the want of Freehold shall not be accepted as good cause of Chal20 lenge, either by the Crown or by the party, nor as cause for discharging the Man so returned, upon his own application; any law custom or usage to the contrary notwithstanding; provided that nothing herein contained shall extend in anywise to any Special Juror. 25 23. No Challenges for want of a Knight. 6 Geo. 4. c. 50. § 28, And be it further Enacted, That no Challenge shall be taken to any panel of Jurors for want of a Knight's being returned in such panel, nor any array quashed by reason of any such Challenge; any [See Irish Acts, law custom or usage to the contrary notwithstanding. of Provided always, and be it Enacted, That nothing in this Act 30 contained shall in anywise be construed or deemed to repeal alter or affect an Act made in the first Session of the thirty-third year the reign of his late Majesty King Henry the Eighth, intituled, "An Act that Consanguinity or Affinity being not within the fifth degree, shall be no principal Challenge;" or an Act made in the Parliament of Ireland in the seventh year of the reign of King William the Third, intituled, "An Act for redress of Inconveniences for "want of Proof of the Decease of Persons beyond the Seas or absenting themselves, upon whose lives Estates do depend." 35 40 66 And be it further Enacted and Declared, That it is and shall be lawful for His Majesty's Courts of King's Bench, Common Pleas, and Exchequer, in Ireland respectively, upon motion made on behalf of the King, or upon the motion of any Prosecutor, Relator, Plaintiff or Demandant, 132. 25 Geo. 3. c. 31. |