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Power to Court, in certain Cases, to summon a Jury.
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XXXVIII. It shall be lawful for the Court to cause any Matter or Question of Fact arising in any Proceeding before them to be tried by a Special or Common Jury before the Court itself; and the Court may make all such Rules and Orders upon the Sheriff, or on any other Person, for procuring the Attendance of a Special or Common Jury for the Trial of such Question or Matter of Fact, as may be made by any of the Superior Courts of Common Law at Dublin, and may also make any other Orders which to the Court may seem requisite; and every such Jury shall consist of Persons possessing the Qualification, and shall be struck, summoned, balloted for, and called in like Manner, as if such Jury were a Jury for the Trial of any Cause of the said Superior Courts; and every Juryman so summoned shall be entitled in the same Rights and subject to the same Duties and Liabilities as if he had been duly summoned for the Trial of any such Cause in any of the said Superior Courts; and every Party to any such Proceeding shall be entitled to the same Rights, as to Challenge and otherwise, as if he were a Party to any such Cause, and generally for all Purposes of or auxiliary to the Trial of Question of Fact by a Jury before the Court itself; and in respect of new Trial the Court shall have the same Jurisdiction, Powers, and Authority in all respects as belong to any Superior Court of Common Law, or to any Judge thereof, for the like Purposes: Provided that from any Order made by the Court on an Application made for a new Trial there shall be the same Right of Appeal as from any other Order of the Court: Any Question of Fact which shall be so ordered to be tried by a Jury before the Court itself shall be reduced into Writing in such Form as the Court shall direct, and at the Trial the Jury shall be sworn to try the said Question, and a true Verdict give thereon according to the Evidence, and upon every such Trial the Court shall have the same Powers, Jurisdiction, and Authority as belong to any Judge of any of the said Superior Courts sitting at Nisi Prius.
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