No. V. c. 91. peached of any felony or misdemeanor, of the right of being tried by a 3 & 4 W. 4, jury de medietate linguæ, but that on the prayer of every alien so indicted or impeached the sheriff or other proper minister shall, by command of the court, return for one half of the jury a competent number of aliens, if so many there be in the town or place where the trial is had, and if not, then so many aliens as shall be found in the same town or place, if any; and that no such alien juror shall be liable to be challenged for want of freehold or of any other qualification required by this act, but every such alien may be challenged for any other cause, in like manner as if he were qualified by this act. Justices not to be summoned as jurors. Persons qualified to serve in civil causes not to be returned to serve on ca pital offences; but if sworn, not afterwards to be objected to. Qualification of jurors on writs of inquiry, &c. XXXVIII. That no justice of the peace shall be summoned or impanelled as a juror to serve at any sessions of the peace for the jurisdiction of which he is a justice. XXXIX. That no man shall be impannelled or returned to serve on any jury for the trial of any capital offence in any county, city, or town, who shall not be qualified to serve as a juror in civil causes within the same county, city, or town; and the same matter and cause being alleged by way of challenge, and so found, shall be admitted and taken as a principal challenge, and the person so challenged shall and may be examined on oath of the truth of the said matter; provided that if it shall happen that any such person, not qualified as last aforesaid, shall have been impannelled on any such jury, and shall be sworn to try the issue in such case as last aforesaid, without any challenge having been taken in due time for the cause aforesaid, no objection shall ever afterwards be admitted or taken for the want of such qualification. XL. That no man shall be summoned or impannelled to serve as a juror in any county, city, or town in Ireland upon any inquest or inquiry to be taken or made by or before any sheriff or coroner by virtue of any writ of inquiry, or by or before any commissioners appointed under the great seal or the seal of the court of exchequer, who shall not be duly qualified according to this act to serve as a juror upon trials at Exception for nisi prius in such county, city, or town: Provided always, that nothing herein contained shall extend to any inquest of the death of any person to be taken by or before any coroner by virtue of his office, or to any inquest or inquiry to be taken or made by or before any sheriff or coroner of any liberty, franchise, city, borough, or town corporate, not being counties; but that the sheriffs and coroners in all such cases to which this act doth not extend as aforesaid shall and may respectively take and make all inquests and inquiries by jurors of the same description as they have been used and accustomed to do before the passing of this coroners in quests. act. Sheriffs, coro- XLI. That if any man having been duly summoned and returned to ners, and com- serve as a juror in any county, city, or town in Ireland, upon any inmissioners may quest or inquiry before any sheriff or coroner by virtue of any writ of fine jurors for inquiry, or before any of the commissioners aforesaid, shall not, after non-attend auce. being openly called three times, appear and serve as such juror, every such sheriff, or, in his absence, the under sheriff, and such coroner and commissioners respectively, are hereby authorized and required, unless some reasonable excuse shall be proved on oath or affidavit, to impose such fine upon every man so making default as they shall respectivety think fit, not exceeding five pounds; and every such sheriff, under sheriff, coroner, and commissioners respectively shall make out and sign a certificate, containing the christian and surname, the residence and trade or calling of every man so making default, together with the amount of the fine imposed, and the cause of such fine, and shall transmit such certificate to the clerk of the peace or town clerk for Fines to be in the place in which every such defaulter shall reside on or before the first rolled by clerk day of the quarter session next ensuing; and every such clerk of the of the peace, peace and town clerk is hereby required to copy the fines so certified on and levied as the roll on which all fines and forfeitures imposed at such quarter sesfines imposed at sions shall be copied; and the same shall be estreated, levied, and apquarter ses- plied in like manner, and subject to the like powers, provisions, and sions. penalties, in all respects, as if they had been part of the fines imposed at such quarter sessions. 3 No. V. & 4 W. 4, c. 91. How fines and be recovered and applied. XLII. That all fines to be imposed under this act by any of the king's courts of record at Dublin, or by any court of assize, nisi prius, oyer and terminer, or gaol delivery, or any court of the sessions of the peace in Ireland, shall be levied and applied in the same manner as any other penalties are to fines imposed by the same court; and that all other penalties hereby created (for which no other remedy is given) shall, on conviction of the offender before any one justice of the peace within the jurisdiction, be levied, unless such penalty be forthwith paid, by distress and sale of the offender's goods and chattels, by warrant under the hand and seal of such justice, who is hereby authorized to hear and examine witnesses on oath or affirmation on any complaint, and to determine the same, and to mitigate the penalty, if he shall see fit, to the extent of one moiety thereof; and all penalties the application whereof is not herein-before particularly directed shall be paid to the complainant; and for want of sufficient distress the offender shall be committed, by warrant under the hand and seal of such justice, to the common gaol or house of correction for such term not exceeding six calendar months as such justice shall think proper, unless such penalty be sooner paid. XLIII. And for the more easy and speedy conviction of offenders Form of conagainst this act, be it further enacted, That the justice before whom any viction. person shall be convicted of any offence against this act shall and may cause the conviction to be drawn up in the following form of words, or in any other form of words to the same effect, as the case shall happen; videlicet, 4 BE it remembered, That on of at in the year our Lord Given under my hand and seal, the day and year first above XLIV. That no such conviction shall be quashed for want of form, Conviction not or be removed or removeable by certiorari, or by any other writ or pro- to be quashed cess whatsoever, into any of his Majesty's courts of record at Dublin; for want of and that where any distress shall be made for any penalty to be levied form. by virtue of this act, the distress itself shall not be deemed to be unlawful, nor the party making the same be deemed a trespasser, on account of any defect or want of form in the summons, conviction, warrant of distress, or other proceedings relating thereto; nor shall such party be deemed a trespasser ab initio on account of any irregularity which shall be afterwards done by him, but the person aggrieved by such irregularity shall and may recover full satisfaction for the special damage (if any) in an action upon the case, first giving notice in writing of the cause of action to the opposite party one calendar month before the commencement of such action; but no plaintiff shall recover in any action for such irregularity if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money to satisfy the damages and costs up to that time shall have been paid into court after such action brought, by or on behalf of the party distraining. XLV. That if any suit or action shall be prosecuted against any per- Persons sued son for any thing done in pursuance of this act, such person may plead for any thing the general issue, and give this act and the special matter in evidence done in pursuat any trial to be had thereupon, or in replevin may avow generally that ance of this act the goods in question were taken under and by virtue of this act; and may plead the general issue. 1 1 No. V. 3 & 4 W. 4, c. 91. Venue to be the fact is if a verdict shall pass for the defendant or avowant, or the plaintiff shall become nonsuited, or discontinue his or her action after issue joined, or if upon demurrer or otherwise judgment shall be given against the plaintiff, the defendant or avowant shall recover double costs, and have the like remedy for the same as any defendant hath by law in other cases; and though a verdict shall be given for the plaintiff in any such action, such plaintiff shall not have costs against the defendant, unless the judge before whom the trial shall be shall certify his approbation of the action, and of the verdict obtained thereon. XLVI. That all actions, suits, and prosecutions to be commenced against any person for any thing done in pursuance of this act shall be county where laid and tried in the county where the fact was committed, unless where the defendant or avowant in such action shall be the sheriff or under sheriff or other person having the return of jury process in such county, in which case it may, at the option of the plaintiff, be laid and tried in any next adjoining county; and every such action, suit, and prosecution shall be commenced within six calendar months after the fact committed, and not otherwise; and that notice in writing of such cause of action shall be given to the defendant or defendents, or avowant or avowants, one calendar month at least before the commencement of the action. Writs of attaint, XLVII. That from and after the passing of this act it shall not be lawful, either for the king or any one on his behalf, or for any party or parties in any case whatsoever, to commence or prosecute any writ of attaint against any jury or jurors for the verdict by them given, or against the party or parties who shall have judgment upon such verdict; and that no inquest shall be taken to inquire of the concealments of other inquests, but that all such attaints and inquests shall henceforth cease, become void, and utterly abolished; any law, statute, or usage to the contrary_notwithstanding. Embracery and sonment. Commence ment of act. XLIX. That those parts of this act which relate to the issuing of warrants and precepts for the return of jury lists, the preparation, production, reformation, and allowance of those lists, the holding of sessions for those purposes, the formation of a jurors book, and the delivery thereof to the sheriff, and the preparation of a list of special jurors, and of parchment or cards, in the manner heretofore mentioned, shall commence and take effect so soon after the passing of this act as the proper periods for doing those things shall occur; and that the rest of this act shall commence and take effect on the first day of January in the year one thousand eight hundred and thirty-four. Repeal of an- L. That from and after the commencement of the several parts of this No. V. c. 91. Statutum de illis qui debent poni in Juratis et Assizis; and so much of a statute made in the twenty-eighth year of the same reign, intituled 3 & 4 W. 4, Articuli super Cartas, as directs that the jurors shall be of the next neighbours; and an ordinance made in the thirty-third year of the same reign, commonly called An Ordinance for Inquests; and so much of a 28 E. 1, st. 3, statute made in the thirty-fourth year of the same reign, commonly c. 9. called Ordinatio Forestæ, as enjoins that none of the ministers therein 33 E. 1, st. 4. mentioned be put in assizes, juries, or inquests without the forest; and 34 E. 1, st. 5, so much of a statute made in the fifth year of the reign of king Edward c.8. the third as relates to the punishment of a corrupt juror; and so much 5 E. 3, c. 10. of a statute made in the twentieth year of the same reign as relates to 20 E. 3, c. 6. the punishment of embracers and corrupt jurors; and so much of a statute or ordinance made in the twenty-seventh year of the same reign, 27 E. 3, st. 2, commonly called The Ordinance of the Staples, as prescribes the mode c. 8. of trial where one party or both parties are aliens; and so much of a statute made in the twenty-eighth year of the same reign as directs that 28 E. 3, c. 13. all manner of inquests and process shall be taken between aliens and denizens; and so much of a statute made in the thirty-fourth year of 34 E. 3, c. 4. the same reign as accords that panels of inquests shall be of the neighbourhood; and so much thereof as directs the proceedings against jurors taking a reward to give their verdict; and so much thereof as relates to the qualification of jurors on inquests of escheat; and so much c. 8. c. 13. st. 1, of a statute made in the thirty-sixth year of the same reign as relates 36 E. 3, to jurors on inquests of escheat; and so much of the first statute made c. 13. in the thirty-eighth year of the same reign as ordains the penalty on 38 E. 3, c. 12. corrupt jurors and embracers; and so much of a statute made in the forty-second year of the same reign as directs that panels in assizes 42 E. 3, c. 11. shall be arrayed four days before the sessions, and that the jurors therein shall be those that have the best knowledge of the truth, and be nearest; and so much of a statute made in the seventh year of the reign 7 R. 2, c. 7. of king Richard the second as relates to granting a writ of nisi prius at the suit of any jurors; and so much of a statute made in the eleventh 11 H. 4, c. 9. year of the reign of king Henry the fourth as directs that jurors in indictments shall be returned by the sheriffs or bailiffs without the deno mination of any; and so much of the second statute made in the second 2 H. 5, st. 2, year of the reign of king Henry the fifth as relates to the qualifications c. 3. of jurors; and so much of a statute made in the sixth year of the reign 6 H. 6, c. 2. of king Henry the sixth as relates to the panels in special assizes; and so much of a statute made in the eighth year of the same reign as relates 8 H. 6, c. 29. to inquests and proofs taken between aliens and denizens; and so much of a statute made in the twenty-third year of the same reign as ordains 23 H. 6, c. 9. that no sheriff or under sheriff shall return any of their officers or servants in any of the cases therein mentioned; and an act passed in the first year of the reign of king Richard the third, intituled An Act for re- 1 R. 3, c. 4. turning sufficient Jurors; and that the several acts and parts of acts Repeal of acts passed in the parliament of Ireland, and herein-after mentioned, shall made in the also be repealed; (that is to say,) an act passed in the seventh year of parliaments of the reign of king Henry the sixth, intituled An Act for the Additions of Ireland; viz. Jurors; and also an act passed in the thirteenth year of the reign of king 7 H.6, c. 1. Henry the eighth, intituled An Act touching Jurors to pass in Attaint; 13 H.8, c. 3. and also an act passed in the second session of the tenth year of the 10 C. 1, st. 2, reign of king Charles the first, intituled An Act concerning the Appear- c. 13. ance of Jurors in the Nisi Prius; and also an act passed in the tenth and 10 & 11 C. 1, eleventh years of the same reign, intituled An Act for the limiting of c.9. peremptory Challenges in Cases of Treason and Felonies, and so forth; and so much of an act passed in the sixth year of the reign of queen 6 Anne, c. 10, Anne, intituled An Act for the Amendment of the Law, and the better Ad- s. 6, 7, 8. vancement of Justice, as relates to writs of venire facias, and to jurors having the view; and also so much of an act passed in the sixth year of 6 Geo. 1, c. 5, the reign of king George the first, intituled An Act for exempting the s. 11. Protestant Dissenters of this Kingdom from certain Penalties to which they are now subject, as relates to exemptions from serving upon juries; and No. V, 3 & 4 W. 4, c. 91. 12 G. 1, c. 4, s. 16. 29 G. 2, c. 6. 13 & 14 G. 3, c. 41, s. 1. c. 45, s. 3 to s. 10. also so much of an act passed in the twelfth year of the same reign, intituled An Act for the better regulating the Office of Sheriffs, and for the ascertaining their Fees, and the Fees for suing out their Patents, and passing their Accounts, as relates to the impanelling or return of juries; and also an act passed in the twenty-ninth year of the reign of king George the Second intituled An Act for better regulating Juries, so far as the same relates to counties at large; and also so much of an act passed in the thirteenth and fourteenth years of the reign of king George the third, intituled An Act for reviving and continuing several temporary Statutes, and to prevent the destructive Practice of trawling Fish in the Bay of Dublin, as revives or continues the said act of the twenty-ninth year of king George the Second; and also so much of an act passed in the 17 & 18 G. 3, seventeenth and eighteenth years of the reign of king George the third, intituled An Act for the Amendment of the Law with respect to Outlawries, returning Special Juries, and the future Effects of Bankrupts in certain Cases, as in anywise relates to special juries for trials in counties at 23 & 24 G. 3, large; and also so much of an act passed in the twenty-third and twenty-fourth years of the reign of king George the third, intituled An Act for establishing a Post Office within this Kingdom, as relates to any exemption from serving upon any jury or inquest; and also an act 25 G. 3, c. 31. passed in the twenty-fifth year of the same reign, intituled An Act to take away the Challenge to the Array of Panels of Jurors for Want of a Knight on Trials which a Peer or Lord of Parliament is a Party; and 34 G. 3, c. 23, also so much of an act passed in the thirty-fourth year of the same reign, intituled An Act for reviving and continuing certain temporary Statutes, as revives and makes perpetual the said act of the twenty-fifth year of the same reign; and also so much of an act passed in the twentysixth year of the same reign, intituled An Act for making, widening, and repairing public Roads in the County of Dublin, and for repealing Parts of several Acts formerly made for that Purpose, as provides that any treasurer, inspector of the accounts, secretary of the grand jury, or collector of any barony, shall not be returned upon any panel for any jury in the 35 G. 3, c. 28, county of Dublin; and also so much of an act passed in the thirty-fifth c. 17, s. 35. s. 4. 26 G. 3, c. 14, s. 71. year of the same reign, intituled An Act for the better Regulation of the Receipts and Issues of his Majesty's Treasury, and for repealing an Act of Parliament passed in the Tenth Year of Henry the Seventh, intituled 'An Act authorizing the Treasurer to make all Officers us the Treasurer of England doth,' as relates to any exemption from serving upon any jury; and that so much of an act passed in the parliament of the united kingdom of Great Britain and Ireland in the sixth year of the reign of his late Majesty, intituled An Act for the Amendment of the Laws with respect to Special Juries, and to Trials in Counties of Cities and Towns and Towns Corporate in Ireland, as relates to special juries in any indictments or informations tried in any county at large in Ireland, shall also be repealed; and the said several herein-before recited statutes and acts, and parts of statutes and acts, are hereby severally and respectively repealed accordingly, save only so far as the same or any of them repeals or repeal any other acts or parts of acts, and save only as far as any of them direct that the sheriff, sub-sheriff, or other returning officer, shall return upon panels, when so required by writ of venire facias or other precept, such persons as shall be most sufficient, substantial, and worthy of credit, and not suspect: Provided always, that nothing herein contained shall be construed to affect or alter any part of an act passed in the parliament of Ireland in the nineteenth year of the reign of king George the Second, intituled An Act for accepting the solemn Affirmation or Declaration of the People called Quakers, instead of an oath in the usual Form: Provided also, that nothing herein contained shall extend or be construed to extend to alter, abridge, or affect any power or authority which any court or judge now hath, or any practice or form in regard to trials by jury, jury process, juries or jurors, except in those cases only where any such power or authority, practice or form, is repealed or altered by this act, or is or shall be inconsistent with any of the provi |