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JURIES ACT (IRELAND) 1871 - SECT 42

Tales de circumstantibus.

42. Where a full jury shall not appear before [the High Court or the Crown
Court], or where, after appearance of a full jury, by challenge of any of the
parties the issue is likely to remain untaken for default of jurors, every
such court, upon request made for the Queen by any one thereto authorized, or
assigned by the court, in cases of such criminal prosecutions as aforesaid, or
on request made by the parties, plaintiff or defendant, or their respective
attorneys, in any action or suit, shall command the sheriff or other officer
to whom the making of the return shall belong to name and appoint, as often as
need shall require, twelve other able men ... then present; and the sheriff or
other officer to whom the making of the return shall belong aforesaid, shall
at such command of the court return twelve such men duly qualified who shall
be present or can be found to serve on such jury, and shall add and annex
their names to the former panel: ... and the names of the persons so to be
named with their additions and places of abode, shall be written on several
distinct pieces of parchment or card being all as near as may be of equal
size, and shall be delivered to the clerk or registrar of the judge before
whom such issue is to be tried, by the sheriff or other officer to whom the
returning of such jury shall belong, and shall by the direction and care of
such clerk or registrar, be rolled up as near as may be in the same manner,
and put together in a box or drawer, and shaken together, and the said clerk
or registrar or other indifferent person, by direction of the court, in open
court, shall draw out such pieces of parchment or card, one after another,
until a number shall appear which shall be sufficient, with those of the
original panel who appear to make up the number of twelve, who shall be the
jury to try the said issue; and the Queen, by any one so authorized or
assigned as aforesaid, and all and every the parties aforesaid, shall and may,
in each of the cases aforesaid respectively, have their respective challenges
to the jurors so added and annexed; and the court shall proceed to the trial
of every such issue with those jurors who were before empannelled, together
with the talesmen so newly added and annexed, as if all the said jurors had
been returned upon the precept awarded to try the issue.

© 1871 Crown Copyright

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