XXVIII. That upon all debts or sums certain, payable at a certain No. III. C. 42. time or otherwise, the jury on the trial of any issue, or on any inquisi- 3 & 4 W. 4, tion of damages, may, if they shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums Jury empowbe payable by virtue of some written instrument at a certain time, or if ered to allow payable otherwise, then from the time when demand of payment shall interest upon have been made in writing, so as such demand shall give notice to the debts. debtor that interest will be claimed from the date of such demand until the term of payment; provided that interest shall be payable in all cases in which it is now payable by law. XXIX. That the jury on the trial of any issue, or on any inquisition In certain acof damages, may, if they shall think fit, give damages in the nature of in- tions the jury terest, over and above the value of the goods at the time of the conver- may give dasion or seizure, in all actions of trover or trespass de bonis asportatis, mages in the and over and above the money recoverable in all actions on policies of terest. assurance made after the passing of this act. nature of in Act for the Appoint [No. IV.] 3 & 4 W. IV. c. 71.-An Richard the second it was ordained that the justices assigned to take 6 Ric. 2, c. 5. assizes and deliver the gaols should hold their sessions in the principal and chief towns of every of the counties where the shire courts of the same counties should be holden: And whereas by a statute made in the 11 Ric. 2, c. 11 eleventh year of the same reign, reciting so much of the said statute of the sixth year as is herein-before recited, and stating that the said statute was in part prejudicial and grievous to the people of divers counties in England, it was provided that the chancellor of England for the time being should have power thereof to make and provide remedy, by advice of the justices, from time to time when need should be, notwithstanding the said statute: And whereas the places at which the assize are now held in various counties of England and Wales are inconvenient to the inhabitants thereof, and it would conduce to the more cheap, speedy, and effectual administration of justice to appoint other places instead thereof for the holding of assizes; but doubts may be entertained whether that object can be fully effected by virtue of the statutes hereinbefore referred to; be it therefore enacted, &c., That so much of each of Recited stathe said statutes as is herein-before recited shall be and the same is hereby tutes in part repealed. repealed. II. And be it declared and enacted, That his Majesty, by and with His Majesty in the advice of his most honourable privy council, shall have power from council may time to time to order and direct at what place or places in any county in direct at what England or Wales the assizes and sessions under the commissions of places in any gaol delivery, and other commissions for the dispatch of civil and crimi- county assizes nal business, shall be holden, and to order and direct such assizes and and sessions of sessions for the dispatch of criminal and civil business to be holden at gaol delivery shall be held, more than one place in the same county on the same circuit, and to and that they order and direct the assizes and sessions under such commissions for the dispatch of criminal business to be holden for the whole county at one place and for the dispatch of civil business at one or more place or one place in places in such county, on the same circuit; and further to order and a county on the direct any special commissions of oyer and terminer and gaol delivery same circuit. to be holden at any one or more places in any such county. may be holden in more than III. That in case his Majesty, by and with the advice of his most Power to divide honourable privy council, shall think fit to order and direct that the counties for the No. IV. 3 & 4 W. 4, c. 71. assizes or any such special commissions shall be holden at more than one place in any one county, it shall be lawful for his Majesty, by and with the advice aforesaid, to divide any such county for the purposes of this act, and to make rules and regulations touching the venue in all purpose of cases, civil and criminal, then pending or thereafter to be pending and holding as sizes to be tried within any divison of such county so to be made as aforein different said: and touching the liability and attendance of jurors, whether grand divisions of the jurors, special jurors, or common jurors, at the assizes and sessions as same county. aforesaid, or at any sessions under any special commissions to be holden with any such division; and touching the use of any house of correction or prison as a common gaol, and the government and keeping thereof; and touching the alterations of any commissions, writs, precepts, or other proceedings whatsoever for carrying into effect the purposes of this act; and touching any other matters that may be requisite for carrying into effect the purposes of this act; and all such rules and regulations shall be of the like force and effect as if the same had been made by the authority of parliament, and shall be notified in the London Gazette, or in such other manner as his Majesty, by and with the advice of his most honourable privy council, shall think fit to direct. Power to direct the court of common pleas at Lancaster to be holden at any one or more places in the county, and to divide the IV. That his Majesty shall have power from time to time, for the purpose of carrying this act into effect, to order and direct that the court of common pleas at Lancaster shall be holden at any one or more places in the county palatine of Lancaster, as he shall think fit, and to divide the said county palatine for the purpose of the trial of civil causes and the transaction of other civil business in the said court, and to make the like rules and regulations touching the venue in civil cases to be tried within any division of the said county, and the liability and attendance county for that of jurors, whether special or common, at the court to be held within any such division, and touching the alterations of commissions, writs, precepts, or other proceedings for carrying into effect the purposes of this act, and touching any other matter that may be requisite for carrying into effect the purposes of this act; and all such rules and regulations shall be of the like force and effect as if the same had been made by the authority of parliament, and shall be notified in the London Gazette, or in such other manner as his Majesty shall think fit. purpose. [No. V.] 3 & 4 W. IV. c. 91.-An Act for consolidating and amending the Laws relative to Jurors and Juries in Ireland (1). [28th August, 1833.] WHEREAS the laws relative to the qualifications and summoning of jurors and the formation of juries in Ireland are numerous and complicated; and it is expedient to consolidate and simplify the same, and to alter the mode of striking special juries, and in some respects to Sheriffs not to amend the said laws; be it therefore enacted, &c. That the sheriff of any return any per- county, county of a city, or county of a town in Ireland shall not, in sons as jurors answer to any writ of venire facias or precept for the return of jurors, who are not return the names of any persons not qualified to serve on juries according qualified ac- to the provisions of this act; and that every man, except as herein-after cording to this excepted, between the ages of twenty-one years and sixty years, residing in any county in Ireland, who shall have, in his own name or in trust for him, within the same county, ten pounds by the year above reprizes in lands or tenements, or in rents issuing out of any lands or tenements, or in lands, tenements, and rents taken together, in fee simple, fee tail, or for the life of himself or some other person or persons, or who shall act. Age and qualification of jurors (1) See the 4 W. 4, c. 8, post. have within the same county fifteen pounds by the year above reprizes in lands or tenements held by lease or leases originally made for an absolute term of not less than twenty-one years, whether the same shall or shall not be determinable on any life or lives, and also every resident merchant, freeman, and householder having a house and tenements in any city, town, or borough, situate within the said county, of the clear yearly value of twenty pounds, such city, town, or borough not being a county in itself, shall be qualified with respect to property, and shall be liable to serve on juries for the trial of all issues joined in any of the king's courts of record in Dublin, and in all courts of assize, nisi prius, oyer and terminer, and gaol delivery, such issues being respectively triable in the county in which every man so qualified respectively shall reside, and shall also be qualified with respect to property, and liable to serve on grand juries in courts of sessions of the peace, and on petty juries for the trial of all issues joined in such courts of session of the peace, and triable in the county in which every man so qualified respectively shall reside; and that every man, except as herein-after excepted, being between the aforesaid ages, residing in any county of a city or county of a town in Ireland, and being there qualified as aforesaid, and also every resident merchant, freeman, and householder having lands or tenements or personal estate of the value of one hundred pounds, shall be qualified with respect to property, and shall be liable to serve as a juror for the trial of all issues joined in any of his Majesty's courts of record at Dublin, and in all courts of assize, nisi prius, oyer and terminer, and general delivery, such issues being respectively tried in the said city or town in which every man so qualified shall respectively serve. No. V. 3 & 4 W. 4, c. 91. II. Provided always, 'That all peers; all judges of the king's courts Exemptions of record in Dublin; all clergymen in holy orders; all persons who shall from serving on teach or preach in any religious congregation; all serjeants and barris- juries. ters at law actually practising; all assistant barristers; all judges of ecclesiastical courts; all advocates in ecclesiastical courts or in courts of the civil law, actually practising; all attornies, solicitors, and proctors duly admitted in any court of law or equity, or of ecclesiastical or admiralty jurisdiction, in which attornies, solicitors, and proctors have usually been admitted, actually practising and having duly taken out their annual certificates; all officers of any such courts, or of any court of criminal jurisdiction, actually exercising the duties of their respective offices; all public notaries duly admitted; all coroners, gaolers, and keepers of houses of correction; all members and licentiates of the king and queen's college of physicians in Ireland actually practising, and all other physicians actually practising; all surgeons, being members of one of the royal colleges of surgeons in London, Edinburgh, or Dublin, and actually practising; all apothecaries certificated by the court of examiners of the governor and company of the apothecaries hall of the city of Dublin, and actually practising; all officers in his Majesty's navy or army on full pay; all officers of customs and excise; all sheriffs officers, police constables, and parish clerks; all postmasters general and their deputies, and all other persons employed and acting in the service of his Majesty's post office; all treasurers, secretaries of grand juries, shall be and are hereby absolutely freed and exempted from being returned, and from serving upon any juries or inquests whatsoever, and shall not be inserted in the lists to be prepared by virtue of this act as herein-after mentioned: Provided also, that all persons exempt from serving upon juries in any of the courts aforesaid, by virtue of any prescription, charter, grant, or writ, shall continue to have and enjoy such exemption, in as ample a manner as before the passing of this act, and shall not be inserted in the lists herein-after mentioned. III. Provided also, That no man, not being a natural-born subject of Aliens disqualithe king, is or shall be qualified to serve on juries or inquests, except fied, except on only in cases herein-after expressly provided for; and no man who hath juries de mebeen or shall be attainted of any treason or felony, or convicted of any dietate; No. V. 3 & 4 W. 4, c. 91. Convicts or out- crime that is infamous, unless he shall obtain a free pardon, nor any man who is under outlawry by virtue of any criminal process, or under excommunication, is or shall be qualified to serve on juries or inquests in any court or on any occasion whatsoever. IV. And, for the assistance of the sheriff in framing the jurors book, be it further enacted, That the clerk of the peace in every county and clerk of the peace in every county of a city and county of a town in Ireland shall, within one week after the commencement, in every year, of the midsummer sessions herein-after next mentioned, issue and deliprecept to col- ver his precept (in the form set forth in the schedule hereunto annexed, lectors of grand or as near thereto as may be,) to the high constable and collectors of jury cess in grand jury cess in each barony, half barony, or other district of collecJuly. tion, and to the collectors of other cess or assessment where no grand jury cess is levied, requiring such collectors respectively to prepare and make out, within one month then next ensuing, a true list of all men residing within their respective districts qualified with respect to property, and liable to serve on juries according to this act as aforesaid, and also to perform and comply with all other the requisitions in the said precepts contained. Clerk of the V. That every such clerk of the peace shall cause a sufficient number peace to annex of precepts and returns to be printed according to the several forms set printed forms of forth in the schedule marked (A.) hereunto annexed, at the expence of the county, city, or town, and shall annex to every precept a competent number of returns for the use of the respective persons by whom such returns are to be made. returns to his precepts. Where there VI. Provided always, That where, in any barony, half barony, or are several col- other district of collection, there shall be more than one such collector, lectors, each to in such case the clerk of the peace or town clerk shall issue and deliver be responsible his precept to every one of such collectors, each of whom shall be individually liable for the due performance of the several matters commanded in such precept throughout the whole of such barony, half barony, or other district, and shall for the nonperformance thereof be subject to all and every the penalties by this act imposed upon any such collector. for the duties required by this act. Collector of county cess shall make out alphabetical list of persons liable to serve on juries, with residences, &c. Collectors to deliver lists to clerk of peace, &c. VII. That such high constable and collector or collectors shall forthwith, after the receipt of such precept from the clerk of the peace, prepare and make out in alphabetical order a true list of every man residing within their respective districts of collection who shall be qualified and liable to serve on juries as aforesaid, with the christian and surname written at full length, and with the true place of abode, the title, quality, calling, or business, and the nature of the qualification of every such man, in the proper columns of the form of return set forth in the schedule marked (B.) hereunto annexed. VIII. That such high constable and collector or collectors, having made out according to this act a list of every man within his or their district qualified and liable to serve on juries as aforesaid, shall, within one month from the receipt of such precept as aforesaid, deliver a true copy of such list to the clerk of the peace of the county, and of every county of a city and county of a town, who shall respectively keep the same for a period of three weeks from the delivery thereof in their respective offices, to be perused by any of the inhabitants of such county, county of a city, or county of a town, at any reasonable time during such three weeks, without any fee or reward, and shall after the expiration of such three weeks lay the same before the justices assembled at special sessions in manner herein-after provided. At October ses- IX. That the justices assembled at every October general or quarter sions, place and sessions of the peace to be holden in each division of each county at time to be fixed large, and the justices for and in each county of a city and county of a for considering town in Ireland, shall, at a sessions to be holden at October in every lists. year, fix a place within such division and within such counties of cities and counties of towns respectively, and also a time not less than two nor more than three calendar months after the first day of such general or quarter sessions, for holding a special sessions for the purpose of No. V. c. 91. examining the said lists of jurors pursuant to the provisions hereincontained, and shall give public notice of such place and time; at which 3 & 4 W. 4, place and time such justices shall attend; and such high constables and collectors as aforesaid, within such divisions of counties and within such counties of cities and counties of towns respectively, shall attend the Lists to be there said justices, and shall answer upon oath such questions touching the produced consame as shall be put to them by the justices then present; and if any sidered, reman not qualified or not liable to serve on juries as aforesaid shall be formed, and inserted in any list so produced, it shall be lawful for the said justices, allowed. if satisfied, from the oath of any party examined before them, or from other proof, or upon their own knowledge, that he is not qualified or not liable to serve on juries, to strike his name out of such list, and also to strike thereout the name of any man disabled by lunacy or imbecility of mind, or by deafness or blindness or other permanent infirmity, from serving on juries; and it shall also be lawful for such justices to insert in such list the name of any man omitted and who ought to have been inserted therein, and likewise to reform any errors or omissions which shall appear to them to have been committed in respect to the name, place of abode, title, quality, calling, business, or the nature of the qualification of any man included in any such list: Provided always, that no man's name, if omitted, shall be inserted in such list, nor shall any man's name be struck out of such list, nor shall any error or omission in the description of any man in such list be reformed by the said justices, unless upon the application of such men respectively, or unless such men respectively shall have had notice that an application for such purpose would be made to the justices at such special sessions, or unless the said justices at such sessions, or any two of them, shall cause notice to be given to such men respectively, requiring them to show cause, either at the same special sessions, or at an adjournment thereof to be holden within four days thereafter, and at such time and place as the said justices shall in such notice specify, why their names should not be inserted or struck out of such list, or why any error or omission in the description of such men in such list should not be reformed; and when Justices to delievery such list shall be duly corrected by the justices present at such ver one general special sessions or adjournment thereof, and allowed and signed by them amended list to or three of them, they the said justices shall cause one general list to be clerk of the made out therefrom, containing the names of all persons whose qualifi- peace to be cation shall have been so allowed, arranged according to rank and pro- kept among the perty; and the presiding justices at such sessions shall deliver the same records of the to the clerk of the peace who shall thereupon cause the same to be truly county, and coand fairly copied, in the same order, in a book to be by him provided pied into a book, to be defor that purpose, at the expence of the county, city, and town respec- livered to shetively, with proper columns for making the register herein-after directed, riff. and shall forthwith deliver the same book to the sheriff of the county, city, or town or his under sheriff, or the town clerk, which book shall be called "The Jurors Book for the Year (inserting the calendar year for which such book is to be in use), and that every sheriff, on quitting his office, shall deliver the same to the succeeding sheriff'; and that every jurors Sheriff to delibook so prepared shall be brought into use on the first day of January ver the book to after it shall be so delivered by the clerk of the peace to the sheriff or his successor. his under sheriff, and shall be used for one year then next following. X. That every writ of venire facias juratores, for the trial, in any Form of venire county, county of a city, or county of a town, of any issue whatsoever, facias and of whether civil or criminal, or on any penal statute, in any of the courts precept for herein-before mentioned, shall direct the sheriff of such county, city, or jurors at gaol town to return twelve good and lawful men of the body of his county, deliveries and qualified according to law, and the rest of the writ shall proceed in the sessions of the accustomed form; and that every precept to be issued for the return of peace. jurors before courts of oyer and terminer, gaol delivery, and sessions of the peace, in Ireland, shall in like manner direct the sheriff to return a competent number of good and lawful men of the body of his county, |