Juries (Ireland) Act 1871
| Jurisdiction | UK Non-devolved |
| Citation | 1871 c. 65 |
| Year | 1871 |
Juries Act (Ireland), 1871
(34 & 35 Vict.) CHAP. 65.
An Act to amend and consolidate the Laws relating to Juries in Ireland.
[14th August 1871]
Whereas it is expedient to amend and consolidate the laws relating to juries in Ireland.
Be it therefore enacted by the Queen'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 authority of the same, as follows:
Part I—Preliminary.
1 Short title.
1. This Act may be cited for all purposes as ‘TheJuries Act (Ireland), 1871.’
2 Extent of Act.
2. This Act shall extend to Ireland only.
3 Interpretation of terms.
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 of a city,’‘county of a town,’ and ‘the city and county of Londonderry:’
‘Court’ shall mean and include each of the superior courts at Dublin, and every court of assize, nisi prius, oyer and terminer and gaol delivery, every general sessions of the peace, every civil bill court, and every recorder's court:
‘Judge’ shall include every justice and commissioner of assize, nisi prius, and oyer and terminer and gaol delivery, every chairman of the civil bill court, and also every chairman of justices presiding at general sessions of the peace for any county, and every recorder, and also every person duly appointed and acting as deputy for any of the judges aforesaid:
‘Sheriff’ shall include under sheriff:
‘Juror’ shall mean male persons only:
‘Barony’ shall include half barony or other division of a barony, and in counties of cities or counties of towns, shall mean wards.
4 Certain Acts and parts of Acts repealed.
4. From and after the commencement of this Act the several Acts and parts of Acts set forth in the first schedule to this Act annexed, to the extent to which such Acts or parts of Acts are by such schedule expressed to be repealed, and every other Act or Acts and such parts of every other Act or Acts as shall be inconsistent with this Act, shall be and they are hereby repealed, except as to anything heretofore done, and except go far as any of the said Acts or parts of Acts, whether mentioned or included in the said schedule or not, repeal any former Act or Acts or parts of an Act or Acts and except as to the recovery and application of any penalty for any offence which shall have been committed before the commencement of this Act.
Part II—Amendment.
5 Qualification of jurors.
5. Every man being a subject of the Queen, between the ages of twenty-one and sixty years, residing in any county in Ireland, who shall be, either in his own name or as a member of a firm or copartnership, rated for the relief of the poor in respect of lands, tenements, or hereditaments, within such county, of the net annual value fixed for such county in the fourth schedule to this Act, shall be qualified as to property, and liable (save as herein-after exempted or disqualified) to serve on all juries for the trial of all issues, civil and criminal, joined in any of the Queen's courts, and triable in the county in which such man shall reside, and shall also be qualified and liable (save as herein-after exempted or disqualified) to serve on grand juries at the general sessions of the peace within such county, and on every inquest or inquiry to be taken or made in such county by or before any sheriff or coroner, or by or before any master or commissioner appointed by any of the superior courts of common law or equity, or by or before any commissioner appointed under the great seal or the seal of the Court of Exchequer; and every man between the ages aforesaid, residing in any borough in Ireland having a separate court of sessions of the peace, or a court of record for the trial of civil actions, and rated as aforesaid in respect of lands, tenements, or hereditaments, within such borough, of the net annual value fixed for such borough in the fourth schedule to this Act, shall be qualified as to property, and liable (save as herein-after exempted or disqualified) to serve on grand juries at sessions of the peace in such borough, and also upon juries for the trial of all issues, civil and criminal, joined in any court of sessions of the peace, and in any court of record for the trial of civil actions, triable in the borough in which such person shall reside: Provided always, that for the purposes of this Act, as regards any county of a city, county of a town, or borough, having a separate court of sessions of the peace or a court of record for the trial of civil actions, any such person as aforesaid shall be deemed to be resident therein who shall have or occupy a counting-house, office, shop, or place of business in such county of a city, county of a town, or borough as aforesaid, although such person may not actually reside therein, provided that he reside within twelve statute miles of the court house of such county of a city, county of a town, or borough as aforesaid, and in the county of the city of Dublin within a like distance of the General Post Office in Dublin, to be computed by the nearest public road or way.
6 Exemption from serving on juries.
6. The persons described in the second schedule hereto annexed shall be absolutely freed and exempted from being returned, and from serving on any jury, inquest, or inquiry whatsoever, and the names of such persons shall not be inserted in the jurors lists or jurors books to be prepared by virtue of this Act as herein-after directed.
7 Disqualifications.
7. No alien nor any man who hath been or shall be attainted or convicted of any treason or felony, or of any crime that is infamous, unless he shall obtain a free pardon, nor any man who is under outlawry by virtue of any criminal process, is or shall be qualified to serve on juries, inquests, or inquiries in any court, or on any occasion whatsoever.
8 Clerk of peace to issue precept to clerks of unions.
8. The clerk of the peace of every county in Ireland, except the county of the city of Dublin, shall, within one week after the first day of July in every year, issue and deliver is precept, in the Form A. set forth in the third schedule hereto annexed, to the clerk of each poor law union wholly or partly included within such county, requiring each such clerk of poor law union to prepare and return to such clerk of the peace, on or before the first day of August next ensuing, a complete and true list for each barony of such county within his union of all men between the ages of twenty-one and sixty years (except those exempted or disqualified by this Act from being returned or serving on juries) residing in such county, rated either in their own names or as members of a copartnership in the then last rate made in the said union for the relief of the poor in respect of lands, tenements, or hereditaments situate in such barony within such included union, of the net annual value fixed for such county in the fourth schedule to this Act, and also to perform and comply with all other the requisitions in the said precept contained; and such clerk of the peace shall annex to every such precept a printed copy of the second schedule of this Act, and shall cause a sufficient number of forms to be printed, according to the Form B. set forth in the third schedule hereto annexed, and shall issue and deliver with the said precept a sufficient number of the said forms for the use of the persons by whom the same are to be filled up and returned as herein-after directed.
9 Clerks of unions to return lists.
9. Forthwith after the receipt of such precept from the clerk of the peace the clerk of every poor law union shall (after due inquiry, which he is hereby required to make with the assistance of the respective collector or collectors of poor rate within his union, and which assistance every such collector or collectors is and are hereby required to give for such purpose), prepare in alphabetical order of surnames, and consecutively numbered, a complete and true list for each barony of such county within his union, in the Form B. set forth in the third schedule hereto annexed, of the names of all men between the ages of twenty-one and sixty years (except those exempted or disqualified by this Act from being returned or serving on juries) residing in such county and rated as aforesaid in respect of lands, tenements, or hereditaments of the net annual value specified in such precept, situate in such barony, with their Christian names and surnames written at full length, and with the true or last known place of abode, and the title, quality, calling, or business, and the net annual value and place of the rated lands, tenements, or hereditaments of each such man, and shall inscribe the same in the proper columns of the said forms, and shall on or before the first day of August next ensuing the receipt of such precept as aforesaid, deliver the said forms with the said list so inscribed therein, and with the declarations at the foot or end of the said list, in the said form set forth, signed respectively by the collector or collectors by whose assistance such list shall have been prepared, and by the said clerk of union; and such list when prepared and delivered as aforesaid, shall be called the ‘general list of jurors’ for the barony of the county for which the same shall have been prepared.
10 Preparation of lists for the county of the city ofDublin.
10. The clerk of the peace for the county of the city of...
To continue reading
Request your trial