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JURIES PROCEDURE (IRELAND) ACT 1876

JURIES PROCEDURE (IRELAND) ACT 1876 - LONG TITLE

An Act to amend the Procedure connected with Trial by Jury in
Ireland.{1}
[15th August 1876]
Preamble rep. by SLR 1894

JURIES PROCEDURE (IRELAND) ACT 1876 - SECT 1
Short title.

1. This Act may be cited for all purposes as the Juries Procedure
(Ireland) Act 1876.

JURIES PROCEDURE (IRELAND) ACT 1876 - SECT 2
Interpretation.

2. The term "Juries (Ireland) Acts" in this Act shall mean the
Juries (Ireland) Acts, 1871 to 1872, and the Acts altering,
amending, or affecting the same for the time being in force.

JURIES PROCEDURE (IRELAND) ACT 1876 - SECT 3
Construction.

3. The Juries (Ireland) Acts as amended by this Act and this Act
shall be construed together as one Act.

JURIES PROCEDURE (IRELAND) ACT 1876 - SECT 4
Summoning of jurors.

4. With respect to the summoning of jurors [under the Juries Acts
(Northern Ireland) 1871 to 1974], the following provisions shall have
effect:

(1)... for the purpose of aiding the sheriff in ascertaining the
persons who when summoned to attend as jurors have not so attended,
it shall be the duty of [an officer] of any court to which
persons shall have been summoned as jurors at the commencement of
the sittings of such court, or as soon thereafter as conveniently
may be, even though there be no business requiring the empannelling
of a jury, to call over the panel returned by the sheriff, and to
mark thereon the names of all jurors who shall have attended and
answered when called, and immediately after the termination of the
sittings of such court to return a copy of such panel so marked
to the sheriff, who shall thereupon mark on the [Jurors List] the
names of the jurors who have attended in obedience to such
summons:Subs.(2) rep. by 1953 c.19 (NI) s.11 sch.2; 1974 NI 6
art.9(2) sch.5

S.5 rep. by 1953 c.19 (NI) s.11 sch.2; SLR (NI) 1954; 1974 NI 6
art.9(2) sch.5

JURIES PROCEDURE (IRELAND) ACT 1876 - SECT 6
Summoning of jurors.

6. ... save as by the Juries (Ireland) Acts, 1871 to 1872, and by
this Act expressly provided, the summons of every person to serve
on any jury in any court shall be made four clear days at least
before the day on which the attendance of such person shall be
required by a constable or sub-constable of the Royal Irish
Constabulary acting in and for the county or borough in which such
person shall reside by delivering a summons to the person to be
summoned, or in case he shall be absent from his usual place of
abode, by leaving such summons with some person therein inhabiting,
and every summons requiring the attendance of any person as a juror
shall be duly and properly filled with the name of the juror, and
shall be signed by the sheriff or other officer, previous to such
summons being delivered to such constable or sub-constable for
service; and every constable or sub-constable summoning the jurors
under this Act shall keep a book or books in which he shall truly
enter the name of every person so summoned by him with the day on
which such summons shall be served, and the manner and particulars
of the service thereof, and every such constable and sub-constable
shall attend, and shall (if required) produce such book or books at
the sitting of the court, and verify the same upon oath, or shall
cause such book or books to be produced to the court in case of
his unavoidable absence, and in case of the death, illness, or
unavoidable absence of such constable or sub-constable, the book kept
by him as aforesaid, verified on oath as to his handwriting by
some credible person, shall (if required) be produced to the court,
and shall be prima8 facie evidence of the truth of the several
matters entered therein as aforesaid; and if any such constable or
sub-constable shall, without reasonable excuse, neglect to summon any
juror as herein-before directed, or to keep such book or books, or
to make such entries therein as aforesaid, or to attend the court,
or produce or verify or cause to be produced the said book or
books as herein-before provided, every constable or sub-constable so
offending may, for every such neglect, be fined by the court in a
summary way in any amount not exceeding ten pounds for each such
offence, with the alternative of imprisonment in default of payment
of such fine for any period not exceeding seven days.

JURIES PROCEDURE (IRELAND) ACT 1876 - SECT 7
Execution of Act by Royal Irish Constabulary.

7. The officers and men of the Royal Irish Constabulary shall
respectively afford assistance to sheriffs and other officers in the
execution of this Act, and subject to such regulations as may be
made under this Act, do such acts as may respectively be required
of them and as they may be able to do without interfering with
their permanent duty.

The Inspector General of the Royal Irish Constabulary shall make
such orders with respect to the execution of this Act by the
officers and men of the said constabulary as he may think proper
and as the Chief Secretary shall approve, and he may from time to
time and with the like approval revoke, alter, or amend such
orders, or may make new orders in lieu of the same.

S.8 rep. by 1953 c.19 (NI) s.11 sch.2. S.9 rep. by SI 1973/2163;
1974 NI 6 art.9(2) sch.5

JURIES PROCEDURE (IRELAND) ACT 1876 - SECT 10
Challenges in civil and criminal trials.

10. In all civil trials in the superior courts, the plaintiff or
plaintiffs on the one hand, and the defendant or defendants on the
other respectively, shall be entitled to challenge without cause
assigned in all six jurors, ....

JURIES PROCEDURE (IRELAND) ACT 1876 - SECT 11
Adjournment to enable juror to view places.

11. On the trial of any indictment ... the court or judge may at
any time after the jurors have been sworn to try the case, and
before they shall give their verdict, order that they shall have a
view of any place named in such order, and may for that purpose
adjourn the trial and may order the costs and expenses occasioned
thereby to be paid as part of the costs of the prosecution when
the Crown is the prosecutor, and in other cases in like manner as
costs are ordered to be paid when the costs of prosecution or
defence are allowed by the judge under the Acts in that behalf now
in force. And the court or judge shall give such directions as
shall seem requisite for the purpose of preventing undue
communication with such jurors, provided that no breach of any such
directions shall be deemed ground of mistrial or of error.

JURIES PROCEDURE (IRELAND) ACT 1876 - SECT 12
Jurors to be allowed fire and refreshment.

12. Jurors, after having been sworn, may, in the discretion of the
judge, be allowed, at any time before giving their verdict, the use
of a fire when out of court, and be allowed also to obtain
reasonable refreshment.

S.13 rep. by 1945 c.15 (NI) s.46 sch.4. S.14 rep. by 1953 c.19
(NI) s.11 sch.2; 1974 NI 6 art.9(2) sch.5. S.15 rep. by SLR 1894;
1974 NI 6 art.9(2) sch.5

JURIES PROCEDURE (IRELAND) ACT 1876 - SECT 16
Restriction on right of private prosecutors to have jurors ordered
to stand by.

16. ... where any bill of indictment is preferred before any court
in Ireland by or on behalf of any private prosecutor, he shall not
upon the trial of any such indictment have the right of requiring
the court to order any juror to stand by until the panel shall
have been gone through; ....

JURIES PROCEDURE (IRELAND) ACT 1876 - SECT 17
Challenge to the array.

17. No challenge to the array shall be allowed for any cause
except partiality, fraud, or wilful misconduct of the sheriff or
other officer returning the panel.

JURIES PROCEDURE (IRELAND) ACT 1876 - SECT 19
Names of jurors in criminal cases to be ballotted for.

19.The name of each man who shall be summoned and empannelled as a
juror in any court for the trial of criminal issues, with the
place of his abode and addition, and his number upon the panel,
shall be written on a distinct piece of card, such cards being all
as nearly as may be of an equal size, which shall be delivered
unto the proper officer by the sheriff or other officer returning
the process, and the same shall, under the direction and care of
such officer, be put together in a box to be provided for that
purpose, and shall be shaken together; and when any criminal issue
shall be brought on to be tried, such officer shall in open court
draw out the said cards, one after another, and shall call out the
name and number upon each such card as it is drawn, until such a
number have answered to their names as in the opinion of the court
will probably be sufficient, after allowing for challenges of jurors
and directions to stand aside, to provide a full jury; and
thereupon the officer shall proceed to swear the jury, each juror
being called to swear in the order in which his name was so
drawn, until after subtracting all just challenges allowed, and
jurors directed to stand aside, twelve jurors shall be sworn; and
if the number so answering shall prove insufficient to provide such
full jury, the officer shall proceed to draw further names from the
box, and call the same in manner aforesaid, until, after challenges
allowed and jurors directed to stand aside, twelve jurors shall be
sworn: Provided always, that nothing herein contained shall deprive
the prisoner of his right to have the inquest taken, and for that
purpose in case by challenges and directions to stand by the panel
shall be exhausted without leaving a sufficient number to form a
jury, those who have been directed to stand by shall be again
called in the order in which they were drawn, until the jury shall
be completed, but as regards such last-mentioned jurors subject only
to such and no other right to challenge or direct to stand aside
as would in like case have existed if this Act had not been
passed; and the twelve men who in manner aforesaid shall be
ultimately sworn shall be the jury to try such 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 be discharged;
and then the same names shall be returned to the box, there to be
kept with the other names remaining at that time undrawn, and so
toties quoties as long as any issue remains to be tried: Provided
also, that when the prosecutor or prisoner in any criminal case
shall not object thereto, the court may try any such 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 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 from 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: Provided also that omission to
follow the directions in this section shall not be deemed ground of
mistrial or of error.

S.20 rep. by 1926 c.15 (NI) s.18(6) sch.6. S.21 rep. by 1974 NI 6
art.9(2) sch.5. S.22 rep. by SLR 1883

First Schedule rep. by 1926 c.15 (NI) s.18(6) sch.6. Second Schedule
rep. by SLR 1883