Prosecution of offences and recovery of penalties in Scotland. Prosecution of offences and recovery of penalties in Ireland. Power of offender in Ireland to elect to be tried on indictment, and not by summary jurisdiction. Interpretation of "the Secretary of State" as to Ireland. Prosecution 39 & 40 VICT. (5.) The court of appeal may adjourn the appeal, and upon the hearing thereof they may confirm, reverse, or modify the decision of the court of summary jurisdiction, or remit the matter to the court of summary jurisdiction with the opinion of the court of appeal thereon, or make such other order in the matter as the court thinks just, and if the matter be remitted to the court of summary jurisdiction the said last-mentioned court shall thereupon re-hear and decide the information in accordance with the order of the said court of appeal. The court of appeal may also make such order as to costs to be paid by either party as the court thinks just. 17. In Scotland, offences against this Act may be prosecuted and penalties under this Act recovered under the provisions of the Summary Procedure Act, 1864, or if a person accused of any offence against this Act in respect of which a penalty of more than five pounds can be imposed, on appearing before a court of summary jurisdiction, declare that he objects to being tried for such offence in the court of summary jurisdiction, proceedings may be taken against him on indictment in the Court of Justiciary in Edinburgh or on circuit. Every person found liable in any penalty or costs shall be liable in default of immediate payment to imprisonment for a term not exceeding three months, or until such penalty or costs are sooner paid. 18. In Ireland, offences against this Act may be prosecuted and penalties under this Act recovered in a summary manner, subject and according to the provisions with respect to the prosecution of offences, the recovery of penalties, and to appeal of the Petty Sessions (Ireland) Act, 1851, and any Act amending the same, and in Dublin of the Acts regulating the powers of justices of the peace or of the police of Dublin metropolis. All penalties recovered under this Act shall be applied in manner directed by the Fines (Ireland) Act, 1871, and any Act amending the same. 19. In Ireland, where a person is accused before a court of summary jurisdiction of any offence against this Act in respect of which a penalty of more than five pounds can be imposed, the accused may, on appearing before the court of summary jurisdiction, declare that he objects to being tried for such offence by a court of summary jurisdiction, and thereupon the court of summary jurisdiction may deal with the case in all respects as if the accused were charged with an indictable offence and not an offence punishable on summary conviction, and the offence may be prosecuted on indictment accordingly. 20. In the application of this Act to Ireland the term "the Secretary of State" shall be construed to mean the Chief Secretary to the Lord Lieutenant of Ireland for the time being. 21. A prosecution under this Act against a licensed person shall only with leave not be instituted except with the assent in writing of the Secretary of Secretary of State. Not to apply to invertebrate animals. of State. 22. This Act shall not apply to invertebrate animals. CHAPTER 78. An Act to amend the Procedure connected with Trial by HEREAS it is expedient to amend the procedure connected with trial by jury in Ireland: Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: 1. This Act may be cited for all purposes as "The Juries Pro- Short title. cedure (Ireland) Act, 1876." 2. The term "Juries (Ireland) Acts" in this Act shall mean The Interpretation. Juries (Ireland) Acts, 1871 to 1872, and the Acts altering, amending, or affecting the same for the time being in force. 3. The Juries (Ireland) Acts as amended by this Act and this Construction. Act shall be construed together as one Act. 4. With respect to the summoning of jurors in rotation by the Summoning of sheriff or other officer under the Juries (Ireland) Acts, the following jurors. provisions shall have effect: 1. The names of persons who when last summoned to attend as jurors have not attended in obedience to such summons shall Every person named as a juror in the panel returned by G g 39 & 40 VICT. 2. The persons whose names shall be returned to serve as grand jurors or petit jurors at any general quarter sessions of the peace, or in any civil bill court, shall be resident within the division in and for which such sessions or civil bill court are or is held, and where such sessions or civil bill court are or is held at more than one place in such division, the jurors returned shall be resident within such petty sessions district or districts conveniently near to the place in which such sessions or court are or is held as may be prescribed by the chairman of such county in any order made under the authority of this Act, and for such purpose the sheriff or other officer in returning the said names according to the alphabetical order of selection shall when necessary for the purpose of complying with this enactment omit the name of any person not resident in such division, and may for such purpose omit the name of any person not resident in the petty sessions district or districts so prescribed as aforesaid: 3. Where a juror in attendance at any court shall have travelled a distance of not less than fifteen miles from his usual place of abode for the purpose of such attendance, it shall be lawful for the judge of such court in his discretion, upon the application of such juror, having regard to the time necessarily occupied and the expense necessarily incurred in such travelling, to grant to such juror a certificate of exemption for the next occasion when such juror would, in the ordinary course, be selected to be returned as a juror on any panel for any purpose whatsoever; and if such certificate shall be forwarded to the office of the sheriff within whose bailiwick such court was held within ten days from the granting thereof, but not otherwise, an entry of the same shall be made opposite the name of such juror in the general jurors book or special jurors book; and thereupon the sheriff or other officer shall omit to select such juror on the occasion specified in such certificate when such juror would be selected in ordinary course; and after such omission the sheriff or other officer shall, in making any subsequent selection and return, treat such juror as though he had on the occasion of such omission been duly selected, returned, and summoned, and had attended in accordance with such summons. 5. Where any general quarter sessions of the peace or any civil bill court are or is held at more than one place in any division of a county, the chairman of such county shall within three months than one place after the passing of this Act, by order under his hand and seal, direct that the jurors returned to serve as grand jurors or petit jurors at such general quarter sessions or civil bill court shall be resident within such petty sessions district or districts as may in his opinion be conveniently near to the place in which such sessions or court are or is held, and as are prescribed by such order, and he shall forthwith, after the making of such order, deliver the same to the clerk of the peace for such county, by whom it shall be duly filed in his office and preserved among the records of such county, and the clerk of the peace for such county shall forthwith transmit a copy of such order to the sheriff of such county for the time being, Where quarter sessions or civil bill court held in more in division, chairman to fix locality from which jurors shall be summoned. and to every succeeding sheriff of such county immediately after his appointment to his office of sheriff, and from and after the making and filing of such order in manner aforesaid the jurors at such courts shall be summoned in accordance therewith: Provided, however, that the chairman may from time to time vary such order. 6. Section twenty-one of the Juries (Ireland) Act, 1871, shall be Summoning of and the same is hereby repealed, and in lieu thereof be it enacted, jurors. that, save as by the Juries (Ireland) Acts, 1871 to 1872, and by this Act expressly provided, the summons of every person to serve on any jury in any court shall be made four clear days at least before the day on which the attendance of such person shall be required by a constable or sub-constable of the Royal Irish Constabulary acting in and for the county or borough in which such person shall reside by delivering a summons to the person to be summoned, or in case he shall be absent from his usual place of abode, by leaving such summons with some person therein inhabiting, and every gummons requiring the attendance of any person as a juror shall be duly and properly filled with the name of the juror, and shall be signed by the sheriff or other officer, previous to such summons being delivered to such constable or sub-constable for service; and every constable or sub-constable Books of summoning jurors under this Act shall keep a book or books in summonses to be kept. which he shall truly enter the name of every person so summoned by him, with the day on which such summons shall be served, and the manner and particulars of the service thereof, and every such constable and sub-constable shall attend, and shall (if required) produce such book or books at the sitting of the court, and verify the same upon oath, or shall cause such book or books to be produced to the court in case of his unavoidable absence, and in case of the death, illness, or unavoidable absence of such constable or sub-constable, the book kept by him as aforesaid, verified on oath as to his handwriting by some credible person, shall (if required) be produced to the court, and shall be primâ facie evidence of the truth of the several matters entered therein as aforesaid, and if any such constable or sub-constable shall, without reasonable excuse, neglect to summon any juror as herein-before directed, or to keep such book or books, or to make such entries therein as aforesaid, or to attend the court, or produce or verify or cause to be produced the said book or books as herein-before provided, every constable or sub-constable so offending may, for every such neglect, be fined by the court in a summary way in any amount not exceeding ten pounds for each such offence, with the alternative of imprisonment in default of payment of such fine for any period not exceeding seven days. Irish Con 7. The officers and men of the Royal Irish Constabulary shall Execution of respectively afford assistance to sheriffs and other officers in the Act by Royal execution of this Act, and, subject to such regulations as may be stabulary. made under this Act, do such acts as may respectively be required of them and as they may be able to do without interfering with their permanent duty. The Inspector General of the Royal Irish Constabulary shall make such orders with respect to the execution of this Act by the Judges may order jury summons to be sent by post. Lord Lieutenant in Council to fix limits of ex penses. Challenges in civil and criminal trials. Adjournment to enable jurors to view places. 39 & 40 VICT. officers and men of the said constabulary as he may think proper and as the Chief Secretary to the Lord Lieutenant of Ireland shall approve, and he may from time to time and with the like approval revoke, alter, or amend such orders, or may make new orders in lieu of the same. 8. It shall be lawful for any judge of assize in any county from time to time by order under his hand to direct that the summonses for the attendance of jurors in such county or any part of the same shall for such period as may be specified in such order be served by post, and every such order shall be entered in the Crown Book; and thereupon the provisions of the Juries Act (Ireland), 1871, in reference to the transmission by post of jury summonses in the county of the city of Dublin shall during the period specified in such order be and the same are hereby extended to the summoning of jurors and service of notices in such county, or such part of such county. 9. The Lord Lieutenant, by and with the advice and consent of the Privy Council of Ireland, may from time to time make orders, and when made may revoke, alter, or amend the same, and may make new orders instead of any orders revoked, fixing a scale or scales according to which the expenses of printing and the remuneration of clerks of the peace, clerks and rate collectors of poor law unions, and the collector-general of rates in the city of Dublin, in carrying into execution the several purposes of the Juries (Ireland) Acts, and thereby made payable, shall be calculated, and thereupon such expenses and remuneration shall in each case be calculated according to the scale or scales fixed by such order, and for the time being in force and not otherwise. Except as specially provided with respect to collectors of poor rates in the county of the city of Dublin, all the provisions of the Juries (Ireland) Acts with respect to the payment of remuneration to the clerks of poor law unions as compensation for the duty by the said Acts imposed upon them are hereby amended so as to extend to and include rate collectors of poor law unions, and such rate collectors shall be paid accordingly. 10. In all civil trials in the superior courts, the plaintiff or plaintiffs on the one hand, and the defendant or defendants on the other respectively, shall be entitled to challenge without cause assigned in all six jurors, and in the inferior courts in all three jurors, and in all trials of indictments for misdemeanor and informations the person or persons on trial shall be entitled to challenge without cause assigned in all six jurors. 11. On the trial of any indictment or information the court or judge may at any time after the jurors have been sworn to try the case, and before they shall give their verdict, order that they shall have a view of any place named in such order, and may for that purpose adjourn the trial and may order the costs and expenses occasioned thereby to be paid as part of the costs of the prosecution when the Crown is the prosecutor, and in other cases in like manner as costs are ordered to be paid when the costs of prosecution or defence are allowed by the judge under the Acts in that behalf now in force. And the court or judge shall give such directions as shall seem requisite for the purpose of preventing undue communication |