Juries (Scotland) Act 1826

1826 CHAPTER 8

An Act to amend so much of an Act of the last Session of Parliament, for regulating the Qualification and the Manner of enrolling Jurors in Scotland, and of choosing Jurors in Criminal Trials there, and to unite Counties for the Purposes of Trial in Cases of High Treason in Scotland, as relates to the Qualification of Special Jurors.

[22d March 1826]

WHEREAS an [6 G. 4. c. 22.] Act was passed in the last Session of Parliament, intituled An Act to regulate the Qualification and the Manner of enrolling Jurors in Scotland, and of choosing Jurors on Criminal Trials there, and to unite Counties for the Purposes of Trial in Cases of High Treason in Scotland, by which it was among other Things enacted, that as soon as a Roll or List of Jurors, qualified as therein directed, should have been made up and inserted in the General Jury Book, the Sheriff and Stewart of every County and Stewartry in Scotland should select therefrom the Names of all Persons qualified to be Special Jurors, in Terms of an [55 G. 3. c. 42.] Act passed in the Fifty-fifth Year of the Reign of His late Majesty King George the Third, intituled An Act to facilitate the Administration of Justice in that Part of the United Kingdom called Scotland, by the extending of Trial by Jury to Civil Causes ; and such Names so selected should be entered in a Book, to be called the Special Jury Book, to be kept in the said Sheriff or Stewart Clerk's Office of each County or Stewartry, and be open for Inspection in the Manner therein directed; and the Persons whose Names should be entered in such Special Jury Book, should be liable to serve as Special Jurors in all Civil Causes ordered to be tried by Special Jurors, and on all Criminal Trials as therein directed; And whereas in some Counties in Scotland & sufficient Number of Special Jurors, qualified as aforesaid, cannot be found;

be it therefore enacted by the King'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,

Additional Number of Special Jurors qualified.

That from and after the passing of this Act, every Person residing within any County or Stewartry in Scotland, who shall be infeft in and possessed of Lands and Heritages in any Part of Scotland, yielding the Sum of One hundred Pounds Sterling of Real Rent per Annum, or upwards, at the Time, and also every Person residing within any County or Stewartry in Scotland, who shall be possessed of Personal Property to the Amount of One thousand Pounds Sterling, or upwards, shall be qualified to serve as a Special Juror in Scotland, inclusive of and in addition to those Persons qualified to serve as Special Jurors in Terms of the aforesaid Act passed in the Fifty-fifth Year of the Reign of His late Majesty.

II In what Manner Special Jurors shall be selected.

And be it enacted, That as soon as conveniently may be after the passing of this Act, the Sheriff of every County in Scotland shall select from the List of Jurors contained in the General Jury Book of the County whereof he is Sheriff, the Names of all Persons qualified to be Special Jurors in Terms of this Act; and such Names so selected shall be entered in the Special Jury Book of such County, as Persons liable to serve as Special Jurors: Provided always, that in making such Selection the Sheriff shall take the Names of such Jurors in the Order in which they stand in the said General Jury Book, and shall enter the said Names in the same Order in the Special Jury Book, immediately after the Names which shall have been entered in the said Special Jury Book at the Time of the passing of this Act; and provided also, that in case the Names of Special Jurors entered in the Special Jury Book shall have been all returned to serve as Jurors before the Names contained in the General Jury Book shall in like Manner have been gone through, the Sheriff, in making Returns of Special Jurors, shall recommence to take the Names from the Top of the List entered in the Special Jury Book, and shall so return the Names in their regular Order in which they stand in the said Book, until new Lists shall be prepared.

III The Number of Special Jurors shall not exceed One-third of the Number of common Jurors. Proviso as to Jurors qualified as Special but not so entered.

And whereas in some Counties in Scotland the Number of Persons qualified to serve as Special Jurors, in Terms of the said Act passed in the Fifty-fifth Year of His late Majesty, and of this Act, may be so great as not to leave a sufficient Number to serve as ordinary Jurors in Criminal Trials ; be it enacted, That the Number of Special Jurors to be entered at any Time in the Special Jury Book, for any County, shall not exceed One-third of the total Number of Common Jurors entered in the General Jury Book of such County, after the Names of the Special Jurors shall have been deducted therefrom : Provided always, that any Juror who, although qualified to serve as a Special Juror, may, in consequence of this Provision, not have his Name entered in the Special Jury Book, shall be deemed to be and shall serve as a Common Juror.

IV Names of Jurors dying or becoming disqualified may be passed over.

And be it further enacted, That in case any Person whose Name shall have been entered either in the said General Jury Book, or in the said Special Jury Book, shall die, or become disqualified as a Juror, whether from Loss of Property, Absence, or other legal Cause, it shall and may be lawful for the Sheriff, in making Returns of Jurors, as directed by the said recited Act, to pass over the Name of every such Person, provided the Date at which the Name of such Person shall have been so passed over, and the Reason thereof, shall be entered at the Time in the said General Jury Book or the said Special Jury Book, as the Case may be.

V This Act and recited Act 6 G.4 c.22 to be construed together

And be it further enacted, That this Act, and the said recited Act passed in the last Sessions of Parliament, shall be construed and receive effect together, in the same Manner as if this Act had made Part of the said recited Act.