Juries Act, 1927

Juries Act, 1927 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1927 Juries Act, 1927 Juries Act, 1927 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 23 of 1927. JURIES ACT, 1927. ARRANGEMENT OF SECTIONS PART I. Qualification and Liability for Service as Juror. Section 1. Jury districts. 2. Minimum rating qualification. 3. Qualification and liability for jury service. 4. Disqualification for jury service. 5. Exemption from jury service. PART II. Registration of Jurors. 6. Definitions in relation to Part II. 7. Inclusion of jurors lists in registers of electors. 8. Place of registration of jurors. 9. Additional duties of rate collectors and registration officers. 10. Appeals in relation to jurors lists. 11. Expenses of execution of Part II. of Act. 12. Amendment of section 12 of Electoral Act, 1923. PART III. Jurors Lists. 13. Preparation of draft jurors lists. 14. Form and contents of draft jurors lists. 15. Revision and settlement of draft jurors lists. 16. Inclusion of certain exempted persons in jurors' lists on request. 17. Expenses in relation to draft jurors lists. PART IV. Preparation of Jurors Books. 18. Definitions in relation to Part IV. 19. Preparation of jurors books. 20. Contents of jurors books. 21. Commencement and duration of jurors books. 22. Exhaustion of jurors books. 23. Jurors books on subdivision or amalgamation of jury districts. 24. Non-availability of new jurors book. 25. Review of jurors books. PART V. Procedure for Securing Attendance of Jurors in Court. 26. Definitions in relation to Part V. 27. Provisions for transition period. 28. The empanelling officer. 29. The summoning officer. 30. Performance of certain duties heretofore performed by Under-Sheriffs. 31. Juries for the High Court. 32. Juries for the Central Criminal Court. 33. Juries for Circuit Court. 34. Preparation of panel of jurors. 35. Preparation of panel of jurors from several districts. 36. Requisition for panel of jurors for High Court. 37. Time for preparation of panel of jurors for Central Criminal Court. 38. Time for preparation of panel of jurors for Circuit Court. 39. Summoning of jurors. 40. Preparation of jurors summonses. 41. Service of jurors summonses by Gárda Síochána. 42. Mode of service of jurors summonses. 43. Proof of service of jurors summonses. 44. Service of jurors summonses by post. 45. Preparation and summoning of supplemental panel. 46. Calling over of panel. 47. Selection of jury from jurors on panel. 48. Exemption of jurors by judge. 49. Relief of jurors from unnecessary attendance. 50. Publication and supply of copies of panel. 51. Recovery of fines on jurors. 52. Mode of swearing a jury. 53. Administration of oath to jurors. 54. Forms of oaths to be taken by jurors. 55. Abolition of challenges to the array. 56. Challenges to the polls. 57. Challenges without cause shown. 58. Challenges for cause shown. 59. Standing-by by Attorney-General. 60. View juries. 61. Heating and refreshments for jurors. 62. Payment of jurors. 63. Separation of jurors during trial. 64. Death or illness of juror during trial. 65. Application of Part V. to certain cases. PART VI. General. 66. Abolition of special and common juries. 67. Non-application of Act to coroners' inquests. 68. Expenses of execution of Act. 69. Prescription by the Minister. 70. Repeals. 71. Definitions. 72. Short title. FIRST SCHEDULE. Persons Exempted from Serving as Jurors. PART I. Persons Absolutely Exempted. PART II. Persons Exempted but Entitled to Serve on Appllication. SECOND SCHEDULE. Enactments Repealed Acts Referred to Electoral Act, 1923 No. 12 of 1923 Court officers Act, 1926 No. 27 of 1926 Criminal Justice (Administration) Act, 1924 No. 44 of 1924 Juries (Dublin) Act, 1926 No. 37 of 1926 Juries (Amendment) Act, 1924 No. 18 of 1924 Number 23 of 1927. JURIES ACT, 1927. AN ACT TO AMEND THE LAW RELATING TO JURIES. [26th May, 1927.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PART I. Qualification and Liability for Service as Juror. Jury districts. 1.—(1) Every county borough shall be a jury district for the purposes of this Act. (2) Every county shall be a jury district for the purposes of this Act save during such time as an order under this section dividing such county into more than one jury district is in force. (3) The Minister may by order from time to time as and when he shall think fit divide any county into two or more jury districts, and while any such order is in force each of the jury districts delimited thereby shall be a jury district for the purposes of this Act. (4) The Minister may at any time, as and when he shall think fit, by order revoke or vary any order made under the foregoing sub-section. (5) An order made under either of the foregoing sub-sections may be expressed to operate as from any date subsequent to the date of the order named therein for the purpose and whenever any such date is so named the order shall come into force on the date so named. Minimum rating qualification. 2.—(1) The Minister shall by order prescribe for every jury district the rateable value of land which is to be the minimum rating qualification for jurors in that jury district and may by any such order prescribe different rateable values in respect of different classes of land. (2) The Minister may from time to time as and when he thinks fit by order vary the rateable value prescribed by him under this section in respect of land or any class or classes of land in any jury district. (3) The rateable value or several rateable values for the time being prescribed under this section in respect of any jury district shall be the minimum rating qualification for jurors in that jury district. (4) Whenever a county is by order made under this Act divided into two or more jury districts the rateable value or several rateable values which immediately before the making of such order was or were the minimum rating qualification for jurors in the jury district co-terminous with such county shall, until otherwise provided by order made under this section, be the minimum rating qualification for jurors in every of the jury districts into which such county is so divided. Qualification and liability for jury service. 3.—(1) Subject to the provisions of this section, every citizen of the age of twenty-one years or upwards and under the age of sixty-five years who, either in his own name or in a tradename and whether alone or jointly with any other person or persons or as a member of a firm or co-partnership, is rated for the relief of the poor in respect of land in a jury district shall, if the total rateable value of all the land in respect of which he is so rated in such jury district equals or exceeds the minimum rating qualification for such jury district, be qualified and liable to serve as a juror for the trial of all or any issues which are for the time being triable with a jury drawn wholly or partly from such jury district, unless he is for the time being disqualified for or exempt from serving as a juror. (2) Subject to the provisions of this section, every male citizen of the age of twenty-one years or upwards and under the age of sixty-five years who is not qualified and liable to serve as a juror by virtue of the foregoing sub-section and whose wife is rated for the relief of the poor in respect of land in a jury district shall, if the total rateable value of all the land in respect of which his wife is so rated in such jury district equals or exceeds the minimum rating qualification for such jury district, be qualified and liable to serve as a juror for the trial of all or any issues triable with a jury drawn wholly or partly from such jury district, unless he is for the time being disqualified for or exempt from serving as a juror or he proves to the satisfaction of the registration officer that he never had any interest in such land and did not directly or indirectly provide any of the purchase money thereof and that he has not a separate income, earned or unearned, sufficient for his own maintenance. (3) A person who is qualified and liable to serve as a juror in respect of two or more jury districts shall be entitled, on application to the registration officer or officers concerned, to be exempted from his liability to serve as a juror in respect of all such jury districts save one thereof and such one shall be, if such person is registered as a Dáil elector in any one of such jury districts, the jury district in which he is so registered and, if he is not registered as a Dáil elector in any of such jury districts, such one of such jury districts as he shall select. (4) A person shall not be qualified or liable to serve as a juror in respect of a jury district unless he is entered as a Dáil or a local government elector in the register of electors for such jury district. Disqualification for jury service. 4.—Any person who has been or shall be convicted of treason or treason felony or of any felony or of perjury shall, unless he has or shall have obtained a free pardon therefor, be absolutely disqualified from serving as a juror. Exemption from jury service. 5.—The persons specified in the First Schedule to this Act shall be absolutely freed and exempted from serving as jurors and all other exemptions from serving as a juror subsisting immediately before the passing of this Act shall cease immediately upon such passing. PART II. Registration of Jurors. Definitions in relation to Part II. 6.—(1) This Part of this Act shall be read as one with the Electoral Act, 1923 (No. 12 of 1923), and accordingly all expressions and words used in this Part of this Act which are also used in that Act have the same meanings in this Part of this Act as they have in that Act. (2) In this Part of this Act all references to the register of electors for a jury district shall be construed as references (as the case may require) either to the register of electors for the registration area which is co-terminous with such jury district or to so much of the register of electors for the registration area containing such jury district as relates to the portion of such area contained within such district. Inclusion of jurors lists in registers of electors. 7.—(1) Every register of electors to be prepared pursuant to the Electoral Act, 1923 , shall, in addition to the matters required by that Act to be shown therein, show in the prescribed manner in respect of each person whose name appears therein whether he is or is not qualified and liable to serve or is disqualified or exempted from serving as a juror in respect of the jury district to which the register relates. (2) It shall be the duty of the registration officer to include and identify in the prescribed manner in the electors' lists to be prepared by him pursuant to the Electoral Act, 1923 , the names of all persons in each registration unit in his registration area appearing to be qualified and liable to serve as jurors or to be disqualified or exempted from so serving. (3) The several lists of claimants, of persons to whose registration notice of objection has been given, and of claimants to whose registration notice of objection has been given, prepared by a registration officer pursuant to the Electoral Act, 1923 , shall distinguish in the prescribed manner which of the persons whose names are included in such lists appear to be qualified and liable to serve as jurors or to be disqualified or exempted from so serving. (4) The provisions of Parts II and VIII of the Electoral Act, 1923 , and of the First and Ninth Schedules of that Act shall, so far as the same are not inconsistent with this Act, apply to the matters required by this Act to be included in the register of electors and in the electors' lists and in other lists respectively in like manner as those provisions apply to the matters required by the Electoral Act, 1923 , to be included in the said Register and lists respectively. (5) This section shall not apply to a university constituency or to the registration officer, register of electors, electors lists or other lists for such constituency. Place of registration of jurors. 8.—(1) The liability of a person to serve as a juror in respect of any jury district shall be entered in the register of electors for such jury district at the place in such register at which such person is entered therein as an elector notwithstanding that his qualification for serving as juror may be in respect of other lands than those at which his address as stated in such register is situate. (2) The disqualification or exemption of a person for or from serving as a juror shall be entered in the register of electors and at the place therein in and at which his liability to serve as a juror would have been entered if he were not so disqualified or exempt. Additional duties of rate collectors and registration officers. 9.—(1) Any person holding the office of rate collector may, in addition to the duties mentioned in paragraph (a) of Rule 7 of the First Schedule to the Electoral Act, 1923 , be required to furnish such information in relation to the persons rated for the relief of the poor in his district as may be necessary for the inclusion in the electors lists and the register of electors of the matters required by this Act to be included in those lists and that register respectively. (2) The registration officer shall, in addition to the duties imposed on him by Rule 22 of the First Schedule to the Electoral Act, 1923 , make such alterations and corrections in the electors lists as he thinks necessary in order to secure that no person is entered more than once in the register of electors for his registration area as a person qualified and liable to serve as a juror. Appeals in relation to jurors lists. 10.—(1) No appeal shall lie under section 16 of the Electoral Act, 1923 , from any decision of the registration officer in relation to any matter required by this Act to be included in the register, and in lieu of such appeal, an appeal shall lie to the Judge of the Circuit Court having jurisdiction in the registration area from any decision of the registration officer on any question of law or fact in relation to any matter required by this Act to be included in the register, and such appeal may be brought although the appellant did not appear before, or send any claim or objection to, the registration officer. (2) Where the appellant did not appear before, or send any claim or objection to, the registration officer, the appeal under this section shall be brought before the 26th day of April next after the decision of the registration officer is given, and in every other case the appeal under this section shall be brought within seven days after the decision of the registration officer is given. (3) The qualification and liability of an appellant to serve as a juror shall not be affected by the fact that an appeal is pending under this section, and until such appeal is finally disposed of the qualification and liability aforesaid shall continue as if no such appeal had been brought. Expenses of execution of Part II. of Act. 11.—(1) The expenses of the execution of this Part of this Act shall be paid, in the case of a county, by the council of that county out of the poor-rate as a county-at-large charge, and in the case of a county borough by the council of that county borough out of the rate or fund out of which the general expenses of the council are paid, or out of any other rate or fund which the Minister for Local Government and Public Health may, on the application of the council, approve. (2) No secretary or clerk of the council of a county or county borough, clerk of an urban district council, or rate-collector or person acting as rate-collector appointed after the 15th day of November, 1923, shall receive any fees or other remuneration or any expenses in respect of duties performed by him in the execution of this Part of this Act. Amendment of section 12 of Electoral Act, 1923. 12.—(1) There shall be paid out of moneys provided by the Oireachtas to the council of every county or county borough in aid of the fund or rate out of which any registration expenses are paid by that council in accordance with the Electoral Act, 1923 , the following proportions of the registration expenses so paid, that is to say:— (a) one-fourth of the amount paid by the council to the registration officer in respect of duties performed by any of the following officers who has or shall have been appointed after the 15th day of November, 1923, that is to say, in the case of an administrative county, the secretary of the council of the county or the clerk of the council of any urban district within the county, and, in the case of a county borough, the secretary or clerk of the council of the county borough, and (b) one-third of the amount paid by the council to the registration officer in respect of duties performed by rate-collectors appointed after the 15th day of November, 1923, and (c) one-half of all other registration expenses paid by the council aforesaid. (2) Three-sevenths of the cost of the printing mentioned in sub-section (7) of section 12 of the Electoral Act, 1923 , shall, notwithstanding anything to the contrary contained in that sub-section, be paid out of moneys provided by the Oireachtas, and four-sevenths of the said costs shall be paid by the council by which the registration expenses of which such printing forms part are payable. PART III. Jurors Lists. Preparation of draft jurors lists. 13.—(1) On or after the 15th day of November in every year and before the next following 29th day of January every secretary of a county council, town clerk of a county or other borough, and clerk of an urban district shall prepare in accordance with this Act a draft jurors list for the county, borough, or district (as the case may be) and shall complete such draft jurors list and send the same to the county registrar having jurisdiction in such county, borough, or district on or before the said 29th day of January. (2) For the purpose of the preparation of the draft jurors list every such secretary, town clerk, and clerk shall cause a house to house or other sufficient inquiry to be made by the poor rate collectors in his county, borough, or district and it shall be the duty of every such poor rate collector to make such inquiry and also to make such other inquiries for and to give such assistance in the preparation of the draft jurors list as shall be required of him by such secretary, town clerk, or clerk. Form and contents of draft jurors lists. 14.—(1) Every draft jurors list shall be in the prescribed form and every county registrar shall on demand furnish to every secretary of a county council, town clerk of a county or other borough, and clerk of an urban district in his area a sufficient number of printed forms of draft jurors lists for the preparation of any draft jurors list to be prepared by such secretary, town clerk, or clerk under this Act. (2) There shall be entered in every draft jurors list the names of all persons who by reason of being themselves rated or by reason of their wives being rated for the relief of the poor in respect of land in the county, borough, or district to which the list relates are qualified and liable to serve as jurors and are not exempt or disqualified from so serving, and there shall also be entered in every draft jurors list the last known place of abode and the trade, profession, calling, or description of every person whose name is entered in such list and also the situation, description, and rateable value of the land in respect of which such person is so qualified and liable. (3) Whenever the person preparing a draft jurors list is uncertain for any reason whether the name of any particular person should or should not be entered in such list, he shall enter such name in such list together with a statement of such uncertainty and the reason therefor. (4) The names entered in the draft jurors list, for any county, county or other borough, or urban district shall be entered and arranged in such list in the like manner and order as the names entered in the electors lists for such county, borough, or district are required by the law for the time being in force to be entered and arranged in those lists. Revision and settlement of draft jurors lists. 15.—(1) On or before the 1st day of June, 1927, every county registrar shall revise and settle the last general lists of jurors for the registration area of which he is registration officer furnished to him under the Juries Acts, 1871 to 1924, and in so revising and settling such lists shall omit therefrom the names of all persons who by virtue of this Act or any order made thereunder before the said 1st day of June, 1927, are not qualified and liable to serve as jurors or are disqualified for or exempt from so serving and shall so settle such lists that (save in respect of the said omissions and the insertion of the names and other particulars of those exempted persons who become entitled under this Act to have their names inserted therein) the same are in accordance with the register of electors for the said registration area required to be published by him on or before the said 1st day of June, 1927, and (save as aforesaid) contain the name of every person who is entered in such register of electors as qualified and liable for and not disqualified for or exempt from service as a juror and the name of no other person. (2) The general lists of jurors for any registration area when settled in accordance with the foregoing sub-section shall (subject to any alterations subsequently made therein under this Act) be the jurors list in force for the purposes of this Act for such registration area for one year from the said 1st day of June, 1927. (3) On or before the 1st day of June in the year 1928 and in every subsequent year every county registrar shall revise and finally settle the draft jurors lists for the registration area of which he is the registration officer and shall so settle such lists that (save for the insertion of the names and other particulars of those exempted persons who become entitled under this Act to have their names inserted therein) the same are in accordance with the register of electors for the said registration area required to be published by him on or before the 1st day of June in the year then current and contain the name of every person who is entered in such register of electors as qualified and liable for and not disqualified for or exempt from service as a juror and the name of no other person. (4) The draft jurors lists for any registration area when revised and settled in accordance with the foregoing sub-section shall (subject to any alterations subsequently made therein under this Act) be the jurors list in force for the purposes of this Act for such registration area for one year from the 1st day of June in the year in which such revision and settlement takes place. Inclusion of certain exempted persons in jurors' lists on request. 16.—(1) Any person qualified and liable to serve as a juror but exempt from so serving by reason only of being included amongst the persons mentioned in Part II. of the First Schedule to this Act may apply in the prescribed form in any year at the time mentioned in this section to the county registrar for the area co-terminous with or including (as the case may be) the jury district in respect of which he is so qualified and liable that his name be inserted in the general lists of jurors or the draft jurors' lists (as the case may require) then being revised under this Act by such county registrar, and such county registrar, if satisfied that such person is qualified and liable to serve as a juror in respect of a jury district co-terminous with or included in his area and is exempted from so serving only by reason of being included amongst the persons mentioned in Part II of the First Schedule to this Act, shall insert in such general lists of jurors or draft jurors' lists (as the case may be) the name of such person, his place of abode, his trade, profession, calling, or description and the situation, description, and rateable value of the land in respect of which he is so qualified and liable as if he was not so exempted, and thereupon such person shall become and be qualified and liable to serve as a juror in respect of such jury district when and so long as the jurors' list derived from such general lists of jurors or draft jurors' lists is in force. (2) Applications under this section in respect of the general lists of jurors revised in the year 1927 shall be made before the 28th day of May, 1927, and applications made under this section in respect of draft jurors' lists revised in any subsequent year shall be made before the 15th day of May in such year. Expenses in relation to draft jurors lists. 17.—(1) Save as is hereinafter otherwise provided, there shall be paid to every county registrar and to every secretary of a county council, town clerk of a county or other borough and clerk of an urban district and to every poor rate collector in every year as remuneration for services rendered by him and as recoupment of expenses (if any) incurred by him under this Act in relation to draft jurors lists a sum calculated in accordance with the appropriate scale appointed under this section and for the time being in force. (2) The sums payable to county registrars, secretaries, town clerks, and clerks and to poor rate collectors under this section shall be paid, in the case of a county and of every borough and urban district in such county, by the council of such county out of the poor rate as a county-at-large charge and, in the case of a county borough, by the council of such county borough out of the rate or fund out of which the general expenses of such council are paid or out of any other rate or fund which the Minister for Local Government and Public Health may, on the application of the council approve. (3) The Minister may by order make and when made revoke or vary scales for calculating the sums to be paid to county registrars, secretaries of county councils, town clerks of county and other boroughs, clerks of urban districts, and poor rate collectors under this section, and unless and until such scales are so made such sums shall be calculated according to the last scales made before the passing of this Act under section 9 of the Juries Procedure (Ireland) Act, 1876. (4) Sub-section (3) of section 39 of the Court Officers Act, 1926 (No. 27 of 1926) shall apply to sums paid to and received by county registrars under this section in like manner as that sub-section applies to sums paid to and received by county registrars by virtue of the said section 39 . (5) No sum shall be paid under this section, whether as remuneration or as recoupment of expenses, to any secretary of a county council, town clerk of a county or other borough, clerk of an urban district, or poor rate collector appointed (whether before or after the passing of this Act) after the 15th day of November, 1923. PART IV Preparation of Jurors Books. Definitions in relation to Part IV. 18.—(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 all references to the jurors list for a jury district shall be construed as references (as the case may require) either to the jurors list for the registration area which is co-terminous with such jury district or to so much of the jurors list for the registration area containing such jury district as relates to the portion of such area contained within such jury district. Preparation of jurors books. 19.—(1) There shall be a jurors book for every jury district and every such jurors book shall be in the prescribed form and shall be called and known as the jurors book for the jury district to which it relates. (2) Every jurors book shall be prepared by the county registrar of the area co-terminous with or including (as the case may be) the jury district to which the book relates. (3) Every jurors book shall be prepared by the county registrar at and not before such time as he may think necessary to ensure that the book shall be completed in sufficient time to enable it to come into force at the time appointed for that purpose by or under this Act. Contents of jurors books. 20.—(1) Every jurors book shall be prepared from the jurors list in force in the jury district when the jurors book is being prepared and there shall be entered in the jurors book the names of all persons whose names are entered in such jurors list. (2) The several persons whose names are to be entered in a jurors book shall be entered therein in the alphabetical order of their surnames and, in the case of persons having the same surname, in the alphabetical order of their christian names. (3) There shall also be entered in every jurors book after the name of each person whose name is entered therein his address and his trade, profession, calling, or description as stated in the said jurors list. (4) When a county registrar has completed the preparation of a jurors book he shall endorse on the cover thereof the name of the jury district and shall sign immediately below the last name entered therein a certificate in the following form:— “I certify that this jurors book for the jury district of ________________has been prepared by me on the __________day of ________________19 _____in accordance with the provisions of the Juries Act, 1927. (Signed) __________________________ County Registrar for______________” Commencement and duration of jurors books. 21.—(1) The several jurors books in force at the passing of this Act shall continue in force until the 31st day of August, 1927, and no longer. (2) In every jury district the first jurors book prepared under this Act for such jury district shall come into force on the 1st day of September, 1927, and shall continue in force until it is exhausted and every subsequent jurors book for any jury district shall come into force immediately after the preceding jurors book for such jury district has become exhausted and shall itself continue in force until it becomes exhausted. (3) When the first jurors book under this Act for any jury district is being prepared a suitable mark shall be made in such book against the name of every person entered therein whose name was included in a panel of jurors for attendance in any court on or after the 1st day of September, 1926, and before the 1st day of September, 1927, and for the purposes of the selection of panels from such book and determining when such book becomes exhausted every person against whose name such mark is made shall be deemed to have been summoned once after such book came into force to attend a court as a juror. Exhaustion of jurors books. 22.—(1) A jurors book shall become exhausted when every person named therein whose name has not been removed therefrom under this Act has been summoned once since the book came into force to attend a court as a juror. (2) Whenever in the preparation of a panel it is found that the number of persons named in the jurors book and qualified and liable to be included in such panel who have not been summoned to attend a court since the book came into force is not sufficient to complete the panel, all such persons shall be included in the panel and the said jurors book shall then be deemed to have become exhausted and a new jurors book shall be deemed to have come into force and the said panel shall be completed from such new jurors book. Jurors books on subdivision or amalgamation of jury districts. 23.—(1) Whenever a jury district (in this section called the old district) is divided by order made by the Minister under this Act into two or more jury districts (in this section called new districts), a new jurors book shall be made for each such new district by transcribing from the jurors book in force in the old district at the coming into operation of such order the names, addresses, and descriptions of all persons entered in such jurors book whose addresses as stated therein are situate in such new district. (2) Whenever any such order as is mentioned in the foregoing sub-section is revoked by the Minister under this Act, a new jurors book shall be made for the old district by transcribing into one book in the proper order the names, addresses, and descriptions of all persons whose names are entered in any jurors book in force in any of the new districts at the time of such revocation. (3) Whenever names are transcribed under this section from a jurors book to a new jurors book, all distinguishing marks and notes entered against any such name in the first-mentioned jurors book shall be transcribed into such new jurors book along with such name, and in applying the provisions of this Act to such new jurors book due regard shall be had to all distinguishing marks and notes so transcribed thereinto. Non-availability of new jurors book. 24.—Whenever at the time appointed by or under this Act for the coming into force of a new jurors book no such new jurors book is from any cause available, the jurors book in force immediately before such time shall continue in force until such new jurors book is available, but the names to be included in any panel shall be selected from such existing jurors book as if it were the new jurors book and all marks, notes, and removals made in such existing jurors book after the time when the new jurors book should have come into force shall be transcribed into the new jurors book when it does become available and thereupon such new jurors book shall be deemed to have come into force at the time when it ought by virtue of this Act to have been available and come into force. Review of jurors books. 25.—(1) In every year, immediately after the coming into force of the jurors list for a jury district, the county registrar shall revise the jurors book relating to that jury district by removing therefrom the name of every person entered therein who does not appear in such jurors list as qualified and liable to serve as a juror in respect of such jury district. (2) Whenever it comes to the knowledge of the county registrar that a person whose name is entered in the jurors list or the jurors book then in force for a jury district is dead or has ceased to be qualified and liable to serve as a juror for such jury district, the county registrar shall remove the name of such person from such jurors list or such jurors book or from both such list and such book, as the case may require. 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 Síochán …