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Return of jurors when no jurors book in existence.
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3.—(1) If and whenever there shall not be in existence for either the current year or the next preceding year, such general jurors book or special jurors book respectively, as is mentioned in Section 17 of the Juries (Ireland) Act, 1871, it shall be lawful to return jurors from the general jurors book or the special jurors book (as the case may be) for the latest year for which such book is in existence, and also, if it shall appear to the Under Sheriff or other officer liable to make the return of jurors that owing to deaths, removals or otherwise, it is not possible to form a sufficient panel from such book, it shall be lawful to return as jurors the names of such, and so many other persons who appear to the Under Sheriff or other officer aforesaid to be liable to serve as jurors as shall be necessary to form a sufficient panel.
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(2) Every person who shall be returned as a juror under the foregoing sub-section shall be under the same liability to serve as a juror as if a general jurors book or a special jurors book (as the case may be) for the current year had been in existence, and the name of such person had appeared therein, unless such person shall satisfy the Judge of the Court to which he is summoned as a juror that, if such book had been in existence, his name could not lawfully have been inserted therein.
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(3) If any person whose name is not contained in such general jurors book or special jurors book (as the case may be) for the latest year for which such book is in existence, and whose name could not be lawfully inserted in the general jurors book or, special jurors book (as the case may be) for the current year, shall be returned and sworn as a juror upon any trial without objection, such trial shall not be interrupted or deemed a mistrial, nor shall the verdict thereon be impeached or questioned on account of the return of such person as a juror.
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