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Juries for Circuit Court.
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33.—(1) Every issue, whether civil or criminal, which is triable with a jury by a Judge of the Circuit Court sitting in the county borough or the county of Dublin shall be triable with a jury called from a panel of jurors drawn partly from the county borough of Dublin and partly from the county of Dublin and no such issue shall be tried by any such Judge sitting as aforesaid with any other jury.
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(2) Every criminal issue which is triable with a jury by a Judge of the Circuit Court sitting elsewhere than in the county borough or the county of Dublin shall be triable with a jury called from a panel of jurors drawn from the county borough or the county in which such Judge is sitting at the time of the trial, and no such issue shall be tried by any such Judge sitting as aforesaid with any other jury.
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(3) The Minister for Justice may, if and when he thinks fit, by order, made with the consent of the Judge of the Circuit Court assigned at the date of the order to the Circuit to which the order relates, direct that every criminal issue which is triable with a jury by a Judge of the Circuit Court sitting in a particular city or town (not being a county borough) shall be triable with a jury called from a panel of jurors drawn from one or more specified jury districts in the county in which such city or town is situated, and so long as any such order is in force no such issue shall be tried by a Judge of the Circuit Court sitting in such city or town with any other jury.
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(4) Every civil issue which is triable with a jury by a Judge of the Circuit Court sitting elsewhere than in the county borough or the county of Dublin shall be triable with a jury called from a panel of jurors drawn from the jury district in which such Judge is sitting at the time of the trial, and no such issue shall be tried by any such Judge sitting as aforesaid with any other jury.
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(5) Whenever a Judge of the Circuit Court is sitting in a county borough he shall for the purposes of this section be deemed to be sitting in such county borough during the trial of every issue tried by him with a jury save and except as follows, that is to say:—
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(a) in a criminal issue, if the crime was alleged to have been committed in a county adjoining and in the same Circuit as such county borough, the Judge shall be deemed to be sitting in such county, and
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(b) in a criminal issue, if the accused person was arrested or ordinarily resides in a county adjoining and in the same Circuit as such county borough, the Judge shall be deemed to be sitting in such county unless the crime is alleged to have been committed in the said county borough, and
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(c) in a civil issue, if—
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(i) the issue arises in an action relating to title to land or rectification of the register and the land in question or the land out of or in respect of which any incorporeal hereditament in dispute issues or arises or the larger portion of such land is situate in a jury district wholly within a county adjoining and in the same circuit as the said county borough, or
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(ii) the issue arises in a probate action or a suit for the administration of the estate of a deceased person and the testator or intestate at the time of his death had a fixed place of abode in a jury district wholly within a county adjoining and in the same Circuit as the said county borough, or
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(iii) the issue arises in any other action or matter and the defendant or one of the defendants ordinarily resides or carries on a profession, business, or occupation in a jury district wholly within a county adjoining and in the same Circuit as the said county borough and neither a sole defendant nor any of several defendants ordinarily resides or carries on a profession, business, or occupation in the said county borough,
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the Judge shall be deemed to be sitting in such jury district.
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