Assizes (Ireland) Act 1825
| Jurisdiction | UK Non-devolved |
| Citation | 1825 c. 51 |
(6 Geo. 4) C A P. LI.
[22d June 1825]
'WHEREAS it is expedient that the Laws relating to Juries inIreland should be assimilated to the Laws in force in Great Britain , in the Particulars hereinafter mentioned;' Be it therefore enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authorityof the same, That from and after the passing of this Act it shall and may be lawful to and for His Majesty's Courts of King's Bench, Common Pleas and Exchequer inDublin respectively, upon Motion made on Behalf of His Majesty, His Heirs or Successors, or on Motion made on Behalf of any Prosecutor or Defendant, in any Indictment or in any Information for any Misdemeanor, or in any Information in the Nature of a Quo Warranto, depending or to be brought, or prosecuted in the said Court of King's Bench, or in any Information depending or to be brought or prosecuted in the said Court of Exchequer, to order and appoint Juries to be struck before the proper Officer or each respective Court, for the Trial of the Issue joined in any of the said Cases (and triable by a Jury of Twelve Men), in such Manner as Special Juries have been and are usually struck in such Courts respectively upon Trials at Bar, to be had in the same Courts, and in such Manner as Special Juries have been and may be struck in other Cases, under an Act made in the Parliament of Ireland , in the Session holden in the Seventeenth and Eighteenth Years of His late Majesty King George the Third, intituled An Act for the Amendment of the Law with respect to Outlawries, returning special Juries, and the future Effects of Bankrupts in certain Cases , or under any other Act or Acts, or any Law, Usage or Custom in force in Ireland relating to Special Juries; any Thing in the said recited Act of the Seventeenth and Eighteenth Years of His said late Majesty's Reign to the contrary in any wise notwithstanding.
II In Actions, Indictments, &c. in Superior Courts, where Venue laid in County of a City, &c. in Ireland, Court may direct Issue to be tried by a Jury of next adjoining County.
II. And be it further enacted, That from and after the passing of this Act, in every Action, whether the, same be transitory or local, which shall be prosecuted or depending in any of His Majesty's Courts of Record inDublin , and in every Indictment removed into His Majesty's Courts of King's Bench in Dublin by Writ of Certiorari, and in every Information filed by His Majesty's Attorney or Solicitor General in Ireland , or by Leave of the Court of King's Bench in Ireland , and in all Cases where any Person or Persons shall plead to or traverse any of the Facts contained in the Return to any Writ of Mandamus in Ireland , if the Venue in such Action, Indictment or Information, be laid in any County of a City, County of a Town or Town Corporate within Ireland , or if such Writ of Mandamus be directed to any Person or Persons, or Body Politic or Corporate in Ireland , it shall and may be lawful for the Court in which such Action, Indictment, Information or other Proceeding shall be depending, at the Prayer and Instance of any Prosecutor or Plaintiff, or of any Defendant, to direct the Issue or Issues joined in such Action, Indictment, Information or Proceeding, to be tried by a Jury of the County next adjoining to such County of a City, County of a Town or Town Corporate, and to award proper Writs of Venire or Distringas accordingly, if the said Court shall think fit and proper so to do.
III Indictments for Offences in Counties of Cities, &c. may be preferred to Jury of County next adjoining.
III. And be it further enacted, That it shall and may be lawful for any Prosecutor or Prosecutors to prefer his, her or their Bill or Bills of Indictment, for any Offence or Offences committed or charged to be committed within any County of a City, County of a Town or Town Corporate inIreland to the Jury of the County next adjoining to such County of a City, County of a Town or Town Corporate, sworn and charged to inquire for the King for the Body of such adjoining County, at any Sessions of Oyer and Terminer or General Gaol Delivery; and that every such Bill of Indictment found to be a true Bill by such Jury, shall be valid and effectual in Law, as if the same had been found to be a true Bill by any Jury sworn and charged to inquire for the King for such County of a City, County of a Town or Town Corporate.
IV Indictments found by Grand Jury or Inquisitions taken before Coroner of Cities or Towns, may be ordered by Court to be filed with Officer of next adjoining County, and Defendants removed to Gaol thereof, &c.
IV. And be it further enacted, That if it shall appear to any Court of Oyer and Terminer, or Court of General Gaol Delivery for any County of a City, County of a Town or Town Corporate inIreland , that any Indictment found by any Grand Jury of such County of a City...
To continue reading
Request your trial