5 to extend to deprive any Plaintiff or Defendant in any such action And be it further Enacted, That whenever an order shall be made in any such action or suit for a Special Jury to be struck, it shall and may be lawful to and for the proper officer of the Court in which such action or suit shall be depending, after he shall in the manner by this Act directed have made out a List of Forty-eight 10 persons, at the instance of the Plaintiff or Plaintiffs, or Defendant or Defendants in such action or suit, to allow to the party so applying such time as shall appear to such officer to be reasonable for the purpose of making inquiry respecting the several persons named in such List; and if it shall be made appear satisfactorily to such 15 officer that any of the persons named in such List shall be the Brother, Uncle, Nephew or First Cousin of any member of such corporate body, or the Brother, Uncle, Nephew, or First Cousin of the Wife of any member of such corporate body, or that any member of such corporate body shall be the brother, uncle, nephew, or first 20 cousin of the wife of any person named in such List, then such officer shall strike out of such List the name or names of any and every such person, and the name or names of another or other person or persons shall be inserted in such List by the said officer; and such name or names of such person or persons may be set aside or struck 25 out in like manner as if such name or names had been originally placed in such List as aforesaid, and in such case the names of other persons shall be resorted to for the purpose of supplying names in the places of those set aside or struck out, until the whole number of Forty-eight names of persons not objected to as liable to be struck 30 out shall be completed; and the said officer shall afterwards make out for each party a List of such Forty-eight names, together with the respective places of abode and additions of the persons; and all the subsequent proceedings for reducing the said List, and all other matters whatsoever relating to Special Juries, shall remain and continue in force; and in any such action or suit it shall not afterwards be deemed, taken, allowed or admitted as a cause or ground of challenge of any of such persons, that any such person was of collateral kindred or affinity with any member of such corporate body. 35 40 And be it further Enacted, That if any man, having been duly or any the 35. Sheriff indemnified in returning any perfon whofe Name is in the Lift. 6 Geo. 4. c. 50. § 39. One not in the Lift, or if Affize records the presence of the Court, the Court shall set such fine upon every 10 And be it further Enacted, That every Sheriff and other minister to whom the Return of Juries shall belong, shall be and is hereby indemnified for impanelling and returning any man named in the Jurors' Book, although he may not be qualified or liable to serve on Juries; and that if any Sheriff or other such minister shall wilfully 15 If he returns impanel and return any man to serve on any Jury before any of the Courts hereinbefore mentioned (except on the Grand Jury at any Assizes or Sessions) such man's name not being inserted in the Jurors' Book for the current year, or if such book has not been delivered, then in the Jurors' Book last delivered, or if any Protho- 20 notary, Judge's Clerk, Clerk of the Peace, Town Clerk or other officer of any of the Courts in this Act mentioned, shall wilfully record the appearance of any man so summoned and returned who did not really appear, in every such case the Court shall and may, upon examination in a summary way, set such fine upon such Sheriff, 25 Minister, Prothonotary, Judge's Clerk, Clerk of the Peace, or other officer offending, as the Court shall think meet. when the Party did not appear, to be fined. 36. No Money to be taken to excufe Perfons 6 Geo. 4. c. 50. § 43. [See Irish Act, And be it further Enacted, That no Sheriff, Under-sheriff, Coroner, Elisor, Bailiff or other officer or person whatsoever, shall directly or from ferving. indirectly take or receive any money or other reward, or promise 30 of money or reward, or any consideration whatsoever, or the promise of any consideration, to excuse any man from serving or from being summoned to serve on Juries, or under any such colour or pretence; and that no Bailiff or other officer appointed by any Sheriff, Undersheriff, Coroner or Elisor to summon Juries, shall summons any 35 man to serve thereon, other than those whose names are specified in a warrant or mandate signed by such Sheriff, Under-sheriff, Coroner, or Elisor, and directed to such Bailiff or other officer; and if any Sheriff, Under-sheriff, Coroner, Elisor, Bailiff or other officer shall wilfully transgress in any of the cases aforesaid, or shall neglect to 40 summon any Juror, or shall summon any Juror less than Four days before the day on which he is to attend, except in the cases hereinbefore excepted, the Court of Assize, Nisi Prius, Oyer and Terminer, Gaol Delivery, or Court of Sessions of the Peace within whose juris None to be fummoned but thofe named in the Warrant. [See Irish Act, 17, 18 Geo. 3. c. 45. § 7.] diction 5 diction the offence shall have been committed, may and is hereby required, on examination and proof of such offence in a summary way, to set such a fine upon every person so offending, as the Court shall think meet, according to the nature of the offence. And be it further Enacted, That if any such Collector as aforesaid shall refuse or neglect (unless prevented by sickness) to make out or assist in making out any List required by this Act, so that the same shall not be made out at the time and in the manner hereinbefore directed, or shall wilfully omit out of such List any man whose name 10 ought to be inserted therein, or shall wilfully insert therein the name of any man who ought to be omitted, or shall take any money or other reward, or promise of money or reward or other consideration, for omitting or inserting any man whatsoever, or shall wilfully insert therein a wrong description of the name, place of abode, title, 15 quality, calling, business, or the nature of the qualification of any man, or shall refuse or neglect, in case the number of Forms of Returns delivered by the Clerk of the Peace or Town Clerk shall be insufficient, to apply to the Clerk of the Peace or Town Clerk for a sufficient number, so that the List may be made out at the time 20 and in the manner hereinbefore directed, or shall refuse or neglect to fix a copy of such List duly signed, or to subjoin thereto such notice as hereinbefore required, on the principal door of any Church, Chapel or other public place of religious worship within their respective districts of collection, on any of the Sundays on which the 25 same ought to be so fixed, or shall refuse to allow any Inhabitant of their respective districts to inspect such List, or a true copy thereof gratis, at any reasonable time during the Three weeks hereinbefore mentioned, or shall on due notice refuse or neglect to produce such List at such Sessions as aforesaid, or to answer on oath such questions 30 touching the same as shall there be put, or to attend at such Sessions, 35 or any such adjournment thereof as aforesaid, every such Collector offending in any of the foregoing cases, shall for every such offence forfeit a sum not exceeding Ten Pounds nor less than Forty Shillings, at the discretion of the Justice before whom he shall be convicted, and shall thenceforth be incapacitated from and he is hereby declared incapable of serving as such Collector; and the Justice before whom' such offender shall be convicted of any such offence of wrongful insertion or omission, shall forthwith in writing under his hand, certify the same to the Clerk of the Peace or Town Clerk of the 40 county, city or town in which the man or men so wrongfully omitted or inserted shall reside; and the said Clerk of the Peace or Town Clerk shall cause the List in which such wrongful insertion or omission shall have occurred, to be corrected according to such Certificate, and shall also give notice thereof to the Sheriff or Under-sheriff, who shall correct the Jurors' Book accordingly. And 37. Penalties on neglecting to Liits, &c. Collectors for make out 6 Geo. 4. 38. Penalties on Sheriffs, neg 6 Geo. 4. c. 50. § 46. 5 10 And be it further Enacted, That if any Clerk of the Peace or Town Clerk shall refuse or neglect to cause a sufficient number either of Precepts or Forms of Return to be printed in the manner hereinbefore directed, or shall refuse or neglect to issue and deliver to any Collector within the meaning of this Act the Precepts as hereinbefore directed, or to annex to the same such a number of the Forms of Return as he shall bonâ fide deem sufficient, or to deliver to any Collector such additional number thereof as he may apply for within Three days after such application, or shall refuse or neglect to provide or prepare a Jurors' Book within the time or in the manner and form hereinbefore prescribed, or to deliver the same to the Sheriff or Under-sheriff within the time hereinbefore prescribed, or to give notice to the Sheriff or Under-sheriff of any wrongful insertion or omission certified to him by any Justice of the Peace as aforesaid; or if any Sheriff or Under-sheriff shall make or cause to 15 be made any alteration whatsoever in the List of Jurors contained in the Jurors' Book, except in consequence of the conviction of the Collectors herein before provided for; or if any Sheriff or Undersheriff of a county shall neglect or refuse to provide or prepare a List of Special Jurors in the manner and within the time herein- 20 before prescribed, or shall wilfully write or cause to be written therein the name of any person not qualified, or shall wilfully omit thereout the name of any person duly qualified as a Special Juror, or shall neglect or refuse to write or cause to be written the several numbers contained in such List upon distinct pieces of parchment 25 or card, in the manner and within the time herein before prescribed, or shall subtract or destroy or by any default or neglect lose any of the said pieces of parchment or card, or shall neglect or refuse, upon discovery of such loss, to supply the same within Five days; or if any Sheriff or Under-sheriff shall refuse or neglect, within Ten days 30 after the next succeeding Sheriff shall have entered upon office, to deliver over to him, as well all the Jurors' Books and Lists that shall be made or prepared in the year of his Sheriffalty, as also such other like Books and Lists as were prepared in the Sheriffalty of any of his predecessors within four years then next preceding, and which 35 were delivered over to him by any of his predecessors, every such Clerk of the Peace, Town Clerk, Sheriff or Under-sheriff, offending in any of the said cases shall for every such offence forfeit the sum. of Fifty Pounds, one moiety whereof shall be to the use of His Majesty, His heirs or successors, and the other moiety with full costs to such person as shall sue for the same in any of His Majesty's Courts of Record at Dublin by action of debt, bill, plaint or information, wherein no essoign, protection or wager of law, nor more than one imparlance shall be allowed; and every such Clerk of the Peace or Town Clerk offending in any of the said cases shall be removed from his office, and shall be incapacitated from, and he is d hereby 40 5 hereby declared incapable of being elected to or continued in or holding such office. Provided always, and it is hereby further Enacted, That nothing herein contained shall 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, 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 IO 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 15 manner as if he were qualified by this Act. And be it further Enacted, 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. And be it further Enacted, That no man shall be impanelled or 20 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 samé matter and cause being alleged by way of challenge, and so found, shall be admitted and taken as a principal challenge, and the 25 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 impanelled 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 30 due time for the cause aforesaid, no objection shall ever afterwards be admitted or taken for the want of such qualification. Qualification of Jurors on Writs of Inquiry, &c. 6 Geo. 4. c. 50. § 52. And be it further Enacted, That no man shall be liable to be summoned or impanelled to serve as a Juror in any county, city or town in Ireland upon any Inquest or Inquiry to be taken or made by 35 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 b according to this Act to serve as a Juror upon trials at Nisi Prius in such county, city or town: Provided always, That nothing herein Exception 40 contained shall extend to any Inquest of the death of any person Inquefts. 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 132. F or for Coroners |