Majesty's Dockyards or for the Use of any of Her Majesty's
Ships.

15. This Act shall continue in force to the First Day of July Term of Act. One thousand eight hundred and seventy-two, and no longer.

CAP. XXVIII.

An Act to amend "The Common Law Procedure (Ireland) Act, 1853," in relation to Jurors and Juries in the County of Cork. [23d June 1864.]

6

WHEREAS it is expedient to amend "The Common Law Procedure Amendment Act (Ireland), 1853," as hereinafter mentioned, and to make Provision, as herein-after men' tioned, in relation to Jurors and Juries in the County of Cork :' 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. In citing this Act in any Precept, Instrument, Document, Short Title. Pleading, Proceeding, or Act of Parliament, it shall be sufficient Designation to use the Expression "The Common Law Procedure Amendment Act (Ireland), 1864, as to County of Cork Juries."

to direct the

Civil Sides, to direct

to attend at the

to attend the

2. In the County of Cork, if the Judges or Commissioners Power to Judge of Assize, or One of them, shall think fit so to direct, the of Assize in Sheriff, or the Minister or Ministers to whom the summoning County of Cork of Jurors to serve at the Assizes shall belong, shall summon same Panel for and impannel such Number of Jurors as such Judges or Com- the Criminal missioners, or One of them, shall think fit to direct, to serve and vid indiscriminately on the Criminal and Civil Side; and if such Two Sets of Judges or Commissioners, or One of them, shall so direct, such Jurors to be Sheriff or other Minister or Ministers shall divide such Jurors summoned, one equally into Two Sets; the first of which Sets shall attend and Beginning of serve for so many Days, at the Beginning of the Assizes, as each Assizes, such Judges or Commissioners, or One of them, shall, within and the other a reasonable Time before the Commencement of such Assizes, Residue thereof. think fit to direct, and shall continue further to serve until discharged by the Judges or Commissioners of Assize, or One of them; and the other of which Sets shall attend and serve from the Expiration of the said Days so appointed for the Attendance and Service of the said First Set, or from a Time to be directed by such Judges or Commissioners, or One of them, for the Residue of such Assizes: Provided always, that such Sheriff or other Minister or Ministers shall, in the Summons to the Jurors in each of such Sets, specify whether the Juror named therein is in the First or Second Set, and at what Time the Attendance of such Juror will be required; and during the Attendance and Service of the first of such Sets, the Jury on the Civil and Criminal Side respectively may be drawn from the Names of the Persons in that Set, and

Summons to be made out either

A printed
Panel to be
prepared and
kept in the
Office of the
Returning
Officer, and a
Parchment

Copy to be an

nexed to Abstract of Nisi Prius.

In case of View, Judge to appoint Trial during the

Viewers.

during the Attendance and Service of the second of such Sets from the Names of the Persons in such Second Set.

3. A printed Copy of the said Panel, containing the Names (arranged alphabetically, or in such other convenient Order as the Judges or Commissioners of Assize, or One of them, shall think fit to direct), together with the Additions and Places of Abode of the Jurors in each of such Sets, shall, Seven Days before the Commencement of the Assizes, be made by such Sheriff or other Minister or Ministers, and kept in the Office of the Returning Officer of such Sheriff or other Minister or Ministers in Dublin, for Inspection; and a printed Copy of such Panel on Parchment shall be delivered by such Sheriff or other Minister or Ministers to any Party requiring the same, on Payment of a Fee of One Shilling; and such Copy of such Panel shall be annexed to the Abstract of Nisi Prius.

4. In any Case wherein an Order for a View shall have been obtained, it shall be lawful for the Judge before whom such Case is to be tried, and he is hereby required, on the ApplicaAttendance of tion of the Party obtaining such Order, to appoint such Case to be tried during the Attendance and Service of that Set of Jurors in which the Viewers, or the major Part of them, shall be included: Provided always, that it, nevertheless, shall be lawful for such Judge, instead of appointing such Case to be so tried, to order and direct, if it shall appear to him more convenient for the Administration of Justice, that the Viewers, or such competent Number of them as such Judge shall determine, not being (unless the Party obtaining such Order shall so consent) fewer in Number than those in the Set in which such Viewers shall be most numerous, shall attend at the Trial of the Cause in which they shall have been named as Viewers, at whatsoever Period of the Assize the same shall be tried; and thereupon it shall be the Duty of such Viewers accordingly to attend, and to be ready to serve at such Trial.

Proceedings not to be vitiated by Juror acting before or after which Attend

the Time for

ance was

required.

Not to alter the
Powers of
Courts to make
Orders for re-

5. No Verdict or Finding on any Inquiry of Damages or on any other Inquiry had or delivered by any Jury shall be annulled, vitiated, or affected by reason that any Juror who shall be named in any One Set of such Panel as aforesaid shall have been sworn or shall have acted on such Jury either before or after the Time at which his Attendance shall have been required by the Summons served upon him, or after he shall have been discharged from Attendance by the Judges or Commissioners of Assize or any of them; but nothing herein contained shall prejudice or affect any Right of any Party to challenge any Juror.

6. Nothing in this Act shall be construed to prevent the Court of Oyer and Terminer or of Gaol Delivery at such Assizes

from having and exercising the same Power and Authority as turning Juries any such Court may now have and exercise in issuing any Writ or Precept, or in making any Award or Order, orally or otherwise, for the Return of a Jury for the Trial of any Issue before such Court, or for amending or enlarging the Panel of Jurors returned returned for the Trial of any such Issue; and the Return to every such Writ, Precept, Award, or Order, and the Proceedings thereon, shall be made in the Manner heretofore used and accustomed in any such Court; save that the Jurors shall be returned from the Body of the County, and not from any particular Venue within the County, and shall be qualified according to the Act passed in the Session of Parliament held in the Third and Fourth Years of His late Majesty King William the Fourth, intituled An Act for consolidating and 3 & 4 W. 4. amending the Laws relative to Jurors and Juries in Ireland; c. 91. neither shall anything in this Act extend or be construed to extend to deprive any Alien indicted or impeached of any Felony or Misdemeanor of the Right of being tried by a Jury de medietate linguæ, or to repeal or affect the Provisions of said last-mentioned Act in reference to the Trial of Aliens ; nor shall anything in this Act repeal or affect any of the other Provisions of the said last-mentioned Act now in force, save so far as the same may be inconsistent with the Provisions of this Act.

moned for

7. The foregoing Provisions shall not apply to any Special Special Jurors. Jury Panel or to any Special Jurors; but in reference to may be sumSpecial Jurors, and to the Panel or Panels of them for the said specified Days. County, as well the general Panel of Special Jurors made in pursuance of "The Common Law Procedure Act (Ireland), 1853," as any Panel made according to the old Practice existing when the said Act was passed, the Sheriff or other Minister or Ministers to whom the summoning of Special Jurors in said County shall belong shall summon such Special Jurors to attend at the Assizes on such Day or Days as the Judges or Commissioners of Assize, or One of them, shall, within a reasonable Time before the Commencement of the Assizes, think fit to direct; and the Special Jurors shall be summoned by such Sheriff or such other Minister or Ministers to attend on such Day or Days accordingly; and the Special Jurors so summoned shall attend at such Assizes at the Time and Times specified in such Summonses for their Attendance thereat, and shall continue to attend and serve at such Assizes until the End thereof, or until they shall have been discharged by the Judges or Commissioners of Assize, or One of them: Provided always, that if no such Directions shall be given by the Judges or Commissioners of Assize, or One of them, the Special Jurors shall be summoned to attend the Assizes, and shall be bound to attend thereat, in the same Manner as if this Enactment had not been made.

8. If the Assizes shall close, or be about to close, before the Sheriff to be Period for the Attendance of the Second Set of Jurors shall reimbursed Expenses of have arrived, it shall be lawful for the Judges or Commissioners giving special of Assize, or One of them, to direct that Notice shall be given Notices to by the Sheriff to the Jurors named in the Second Set that their Jurors.

Attendance will not be required; and thereupon the Sheriff, by Letters addressed to the Jurors through the Post Office,

[No. 21. Price 2d.]

X

and

3 & 4 Vict.

с. 54.

Sect 1. of recited Act repealed.

and by Publication of Notices in the usual Places for posting Notices in the said County, or in such Manner as such Judges or Commissioners, or One of them, shall direct, shall give Notice to the Jurors in such Second Set that their Attendance will not be required at the Assizes for which they shall have been so summoned; and an Account of all Expenses properly incurred by such Sheriff in the giving of such Notices shall be furnished by such Sheriff to the Secretary of the Grand Jury Ten clear Days before the then next ensuing Assizes; and it shall be lawful for the Grand Jury at such next ensuing Assizes, and they are hereby required, to present such Sums to be paid to such Sheriff, his Executors or Administrators, as shall be necessary to pay and satisfy the Expenses properly incurred by such Sheriff in giving such Notices to such Jurors, to be raised and levied off the County at large, without any previous Application at any Presentment Sessions.

An Act to amend the Act Third and Fourth Victoria, Chapter Fifty-four, for making further Provision for the Confinement and Maintenance of Insane Prisoners. [23d June 1864.]

WHEREAS it is expedient to amend an Act passed in the

Session of the Third and Fourth Years of Her Majesty's Reign, Chapter Fifty-four, intituled An Act for making further. 'Provision for the Confinement and Maintenance of Insane Prisoners: Be it 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. The First Section of the said Act of the Third and Fourth Years of Her Majesty's Reign, Chapter Fifty-four, is hereby repealed.

2. If any Person while imprisoned in any Prison or other Place of Confinement under any Sentence of Transportation, Penal Servitude, or Imprisonment, or under a Charge of any Offence, or for not finding Bail for good Behaviour or to keep the Peace, or to answer a Criminal Charge, or in consequence of any Summary Conviction or Order by any Justice or Justices of the Peace, or under any other than Civil Process, shall appear to be insane, it shall be lawful, if such Person is confined in a Prison to which Visiting Justices are appointed, for Two or more of the Visiting Justices of such Prison, or if such Person is in any other Place of Confinement, for Two or more Justices of the Peace of the County, City, Borough, or Place in which such Place of Confinement is situate, and such Visiting or other Justices are hereby required to call to their Assistance Two Physicians or Surgeons, or One Physician and One Surgeon, duly registered as such respectively under the Provisions of an Act

such Medical

Act passed in the Session of the Twenty-first and Twentysecond Years of Her Majesty's Reign, Chapter Ninety, and to be selected by them for that Purpose, and to inquire with their Aid as to the Insanity of such Person; and if it shall be duly If certified by certified by such Justices or any Two of them, and such Justices and Physicians or Surgeons, or such Physician and Surgeon, that Aid that Prisuch Person is insane, One of Her Majesty's Principal Secre- soner is insane, taries of State may, upon Receipt of such Certificate, if he Secretary of shall think fit, direct by Warrant under his Hand that such grant Warrant Person shall be removed to such Lunatic Asylum or other for Removal. proper Receptacle for Insane Persons as the said Secretary of State may judge proper and appoint; and if at any Time it If Secretary of shall be made to appear to One of Her Majesty's Principal State has Secretaries of State that there is good Reason to believe that lieve Prisoner any Prisoner in Confinement under Sentence of Death is then sentenced to insane, either by means of a Certificate in Writing to that

State may

reason to be

Death to be
insane, he
may desire
Medical Aid to
inquire into

the same.

Effect in the Form given in Schedule A. transmitted to him by Two or more of the Visiting Justices of the Prison in which such Prisoner under Sentence of Death is confined, or by any other Means whatsoever, such Secretary of State shall appoint Two or more Physicians or Surgeons, duly registered as aforesaid, to inquire as to the Insanity of such Prisoner; and if on such Inquiry the Prisoner shall be found to be then insane, the Fact shall be certified in Writing by such Persons to the said Secretary of State, and on the Receipt of such Certificate the said Secretary of State shall direct by Warrant under his Hand that such Prisoner shall be removed to such Lunatic Asylum or other proper Receptacle for Insane Prisoners as aforesaid; and every Person so removed under this Act, or already removed and in Custody under any former Act relating to Insane Prisoners not under Civil Process, shall remain in Confinement in such Asylum or other proper Receptacle as aforesaid, or in any other Lunatic Asylum or other proper Receptacle to which such Person may be removed by any like Warrant which the Secretary of State is hereby empowered to issue, if he shall think fit, until it shall be duly certified to the said Secretary of State by Two Physicians or Surgeons, or One Physician and One Surgeon, duly registered as aforesaid, that such Person is sane, and upon the Receipt of such If Prisoner last-mentioned Certificate the said Secretary of State is hereby afterwards nounced sane proauthorized to issue a Warrant under his Hand directing, if the how to be Period of Imprisonment or Custody of such Person shall have dealt with. expired, that he or she shall be discharged, or if such Person shall still remain subject to be continued in Custody, that he or she shall be removed to any Prison or other Place of Confinement in which he or she may be lawfully confined, to undergo his Sentence of Death or other Sentence, or, if not under Sentence, to be dealt with according to Law as if no such Warrant for his Removal to a Lunatic Asylum had been issued: Provided, that nothing in this Act contained shall be construed to repeal the Thirty-eighth Section of the Act of the Sixteenth and

X 2