JURIES ACT (IRELAND) 1871 - SECT 41 Names of jurors to be balloted for.

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JURIES ACT (IRELAND) 1871 - SECT 41

Names of jurors to be balloted for.

41. The name of each man who shall be summoned and empannelled ... as a ...
juror [in the High Court or the Crown Court], with the place of his abode and
addition, shall be written on a distinct piece of parchment or card, being all
as nearly as may be of an equal size, which shall be delivered unto the clerk
or registrar of the judge who is to try the cause by the sheriff or other
officer returning the process, and shall, by direction and care of such clerk
or registrar, 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 or registrar shall
in open court draw out twelve of the said parchments or cards, one after
another, after having shaken them together, or, in cases where any view shall
have been directed and had as aforesaid, so many as, together with the viewers
who shall appear and shall 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 such viewers so appearing
and sworn as aforesaid, shall make up the number of twelve, 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, and their names being
marked in the panel, and they being sworn, shall be the jury to try the 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 by 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 other names remaining at the time undrawn, and
so toties quoties as long as any issue remains to be tried: Provided always,
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 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 aforesaid for the trial of the issue which shall be so brought
on to be tried: Provided also, that when both parties shall consent thereto,
the court may 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 withdrawn, 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 on 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.

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Northern Irish Legislation

JURIES ACT (IRELAND) 1871 - SECT 41