with such jurors, provided that no breach of any such directions shall be deemed ground of mistrial or of error. and refresh 12. Jurors, after having been sworn, may, in the discretion of Jurors to be the judge, be allowed, at any time before giving their verdict, the allowed fire use of a fire when out of court, and be allowed also to obtain ment. reasonable refreshment. 13. In cases where a female upon a capital conviction alleges, Juries de v. in. or the court has otherwise reason to suppose that she is pregnant, abolished. no jury de ventre inspiciendo shall be empannelled or sworn, but the court shall direct that one or more medical men be sworn to Power for inquire whether she be with child of a quick child, and if after due court to direct inquiry by inquiry he or they shall report that she is with child of a quick medical men. child, the court shall stay execution of the sentence until such female be delivered of a child, or until it is no longer possible in the course of nature that she shall be so delivered, and in such case the court may order the expenses of such inquiry to be paid as part of the costs of the prosecution. correct jurors 14. All the powers under section fifteen of the Juries Act Power to (Ireland), 1871, of ordering a general jurors book or special jurors books may be book to be corrected or amended, may be exercised by any judge exercised by at any time during the sitting of his court, upon sworn testimony any judge, &c. or any other evidence or information satisfactory to such judge, and shall extend to and include the expunging from any general jurors book or special jurors book, as the case may be, of the name of any person contained therein who may be exempted or disqualified from serving on juries under this Act, though not so exempted under the Juries Act (Ireland), 1871. serving. 15. Whereas doubts have been entertained as to the power of Power to judge judges to excuse jurors from serving, and it is expedient to remove to excuse such doubts: It is hereby declared and enacted, that it shall be jurors from lawful for the judge, if he shall so think fit, of any court before which any person may be summoned as a juror, to discharge in open court such person from further attendance on such court, or to excuse such person from attendance for any period during the sittings of such court. 16. From and after the passing of this Act, section twenty- Private prosefour of the Juries Act (Ireland), 1871, shall be and the same is cutors to have no right to hereby repealed, and in lieu thereof be it enacted, that where any have jurors bill of indictment is preferred before any court in Ireland by or ordered to on behalf of any private prosecutor, he shall not upon the trial stand by of any such indictment have the right of requiring the court to c. 65. s. 24., order any juror to stand by until the panel shall have been gone but may through; but such private prosecutor shall be entitled to challenge challenge six jurors perempwithout cause assigned six jurors. torily. 34 & 35 Vict. 17. From and after the passing of this Act, no challenge to the Challenge to array shall be allowed for any cause except partiality, fraud, or the array. wilful misconduct of the sheriff or other officer returning the panel. 18. Whenever the sheriff or other officer shall select persons to Names of perbe returned to serve as grand jurors at any general sessions of the sons summoned as grand jurors peace or at the sittings of the court of oyer and terminer and at Green Street general gaol delivery to be holden at Green Street, Dublin, he shall not initial in any jurors book the names of the persons so selected to serve as grand jurors as aforesaid, and in preparing any not to be initialed or omitted in taking subse quent panel. Names of jurors in criminal cases for. subsequent panel of jurors, such sheriff or officer shall not omit to take the name of any person whom he may have previously thereto selected and summoned to serve as such grand juror as aforesaid on account of his having already summoned such person to serve as such grand juror. 19. The name of each man who shall be summoned and empannelled as a juror in any court for the trial of criminal issues, with to be ballotted the place of his abode and addition, and his number upon the panel, shall be written on a distinct piece of card, such cards being all as nearly may be of an equal size, which shall be delivered unto the proper officer by the sheriff or other officer returning the process, and the same shall, under the direction and care of such officer, be put together in a box to be provided for that purpose, and shall be shaken together; and when any criminal issue shall be brought on to be tried, such officer shall in open court draw out the said cards, one after another, and shall call out the name and number upon each such card as it is drawn, until such a number have answered to their names as in the opinion of the court will probably be sufficient, after allowing for challenges of jurors and directions to stand aside, to provide a full jury; and thereupon the officer shall proceed to swear the jury, each juror being called to swear in the order in which his name was so drawn, until after subtracting all just challenges allowed, and jurors directed to stand aside, twelve jurors shall be sworn; and if the number so answering shall prove insufficient to provide such full jury, the officer shall proceed to draw further names from the box, and call the same in manner aforesaid, until, after challenges allowed and jurors directed to stand aside, twelve jurors shall be sworn: Provided always, that nothing herein contained shall deprive the prisoner of his right to have the inquest taken, and for that purpose in case by challenges and directions to stand by the panel shall be exhausted without leaving a sufficient number to form a jury, those who have been directed to stand by shall be again called in the order in which they were drawn, until the jury shall be completed, but as regards such last-mentioned jurors subject only to such and no other right to challenge or direct to stand aside as would in like case have existed if this Act had not been passed; and the twelve men who in manner aforesaid shall be ultimately sworn shall be the jury to try such issue, and the names of the men so drawn and sworn shall be kept apart by themselves until such jury shall have given in their verdict, and the same shall be recorded, or until such jury shall be discharged; and then the same names shall be returned to the box, there to be kept with the other names remaining at that time undrawn, and so toties quoties as long as any issue remains to be tried: Provided also, that when the prosecutor or prisoner in any criminal case shall not object thereto, the court may try any such issue with the same jury that shall have previously tried or been drawn to try any other issue, without their names being returned to the box and redrawn, or order the name or names of any man or men on such jury, whom both parties may consent to withdraw, or who may justly be challenged or excused by the court, to be set aside, and another name or other names to be drawn from the box, and try the issue with the residue of such original jury and with such man or men whose name or names shall be so drawn, and who shall appear and be approved as indifferent, and so toties quoties as long as any issue remains to be tried: Provided also, that omission to follow the directions in this section shall not be deemed ground of mistrial or of error. 20. From and after the eleventh day of January one thousand Exemption from serving eight hundred and seventy-seven the provisions of the Juries (Ireon juries. land) Acts which relate to the exemption of persons from serving on juries, inquests, or inquiries shall be and the same are hereby repealed; and thereupon the persons described in the first schedule to this Act annexed shall be absolutely freed and exempted from being returned, and from serving on any jury, inquest, or inquiry in any court or on any occasion whatsoever; and the names of such persons shall not be inserted in any jurors lists or jurors books to be prepared after the first day of July one thousand eight hundred and seventy-six by virtue of the Juries (Ireland) Acts: Provided that no verdict or trial shall be invalid or impeached on the ground that any person so exempted was sworn and served upon the jury which found such verdict at such trial. tions. 21. In addition to the persons not qualified under the Juries Disqualifica(Ireland) Acts to serve on juries, inquests, and inquiries, no man who has been or shall be convicted of perjury, unless he shall obtain a free pardon, is or shall be qualified to serve on juries, inquests, or inquiries in any court, or on any occasion whatsoever. 22. Whereas the enactments specified in the second schedule to Abolition of this Act annexed were made for the establishment of market juries, market juries. and such juries are not any longer necessary: Be it therefore enacted, that from and after the passing of this Act the said enactments specified in the said second schedule to this Act annexed shall be and the same are hereby repealed. Peers. FIRST SCHEDULE. EXEMPTION from serving on JURIES. Members of Parliament. Clergymen in Holy Orders and other persons who shall teach or preach in any religious congregation, and who do not follow any secular occupation, except that of schoolmaster. Persons holding any paid, judicial, or other office belonging to any court of justice in Ireland. Persons of the following professions actually practising: Public notaries and actuaries entitled to grant statutable certificates. Persons holding any public office under Her Majesty's Government, or any public department, or under any local authority, and paid from taxes, general or local. Persons licensed to sell intoxicating liquors by retail to be consumed on the premises where such premises shall be rated at a net annual value of less than fifteen pounds a year. Masters of vessels and duly licensed pilots. Persons who cannot read and write the English language, or who from lunacy, imbecility of mind, deafness, blindness, or other permanent infirmity are unfit to serve as jurors. And persons heretofore exempted by virtue of any prescription, charter, grant, writ, or Local Act of Parliament. Session and Chapter. 13 & 14 Geo. III. c. 22. 15 & 16 Geo. III. c. 20. 27 Geo. III. c. 46. 28 Geo. III. c. 42. SECOND SCHEDULE. Title or Abbreviated Title. Acts of the Parliament of Ireland. Extent of Repeal. An Act for paving the Streets, Lanes, Quays, Bridges, Section 73. An Act to explain and amend an Act intituled An Act Section 43. The whole Act. Short title. Extent of Act. Commencement of Act. Declaration of CHAPTER 79. An Act to make further provision for Elementary Edu- education of children, and for securing the fulfilment of parental responsibility in relation thereto, and otherwise to amend and to extend the Elementary Education Acts: 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: Preliminary. 1. This Act may be cited as the "Elementary Education Act, 1876." 2. This Act shall not, save as otherwise expressly provided, apply to Scotland or Ireland. 3. This Act shall, save as otherwise expressly provided, come into operation on the first day of January one thousand eight hundred and seventy-seven (which day is in this Act referred to as the commencement of this Act). PART I. Law as to Employment and Education of Children. 4. It shall be the duty of the parent of every child to cause such duty of parent child to receive efficient elementary instruction in reading, writing, child. and arithmetic, and if such parent fail to perform such duty, he to educate 5. A person shall not, after the commencement of this Act, take Regulation as into his employment (except as herein-after in this Act mentioned) to employment any child (1.) Who is under the age of ten years; or 10, and certificate of education or previous school of child over 10. (2.) Who, being of the age of ten years or upwards, has not obtained such certificate either of his proficiency in read- attendance ing, writing, and elementary arithmetic, or of previous being condition due attendance at a certified efficient school, as is in this of employment Act in that behalf mentioned, unless such child, being of the age of ten years or upwards, is employed, and is attending school in accordance with the provisions of the Factory Acts, or of any byelaw of the local authority (herein-after mentioned) made under section seventy-four of The Elementary Education Act, 1870, as amended by The Elementary Education Act, 1873, 'and this Act, and sanctioned by the Education Department. Penalty for 6. Every person who takes a child into his employment in employing a contravention of this Act shall be liable, on summary conviction, to child in con a penalty not exceeding forty shillings. 7. The provisions of this Act respecting the employment of children shall be enforced travention of Act. Enforcement of Act by (1.) In a school district within the jurisdiction of a school board, school board or by that board; and school attendance committee (2.) In every other school district by a committee (in this Act of existing referred to as a school attendance committee) appointed local authority or by inspectors annually, if it is a borough, by the council of the borough, of factories or and, if it is a parish, by the guardians of the union mines. comprising such parish. A school attendance committee under this section may consist of not less than six nor more than twelve members of the council or guardians appointing the committee, so, however, that, in the case of a committee appointed by guardians, one third at least shall consist of ex-officio guardians, if there are any and sufficient exofficio guardians. Every such school board and school attendance committee (in this Act referred to as the local authority) shall, as soon as may be, publish the provisions of this Act within their jurisdiction in such manner as they think best calculated for making those provisions known. Provided that it shall be the duty of the inspectors and subinspectors acting under the Acts regulating factories, workshops, and mines respectively, and not of the local authority, to enforce the observance by the employers of children in such factories, workshops, and mines of the provisions of this Act respecting the employment of children; but it shall be the duty of the local authority to assist the said inspectors and sub-inspectors in the performance of their duty by information and otherwise. It shall be the duty of such local authority to report to the Education Department any infraction of the provisions of section seven of the Elementary Education Act, 1870, in any public |