256
Provision in case of death or disability of juror.
In case Jury cannot agree upon verdict.
Verdict.
Not to extend to coroner's juries.
ORDINANCE No. 4 OF 1851.
Jurors.
convenient place in the neighbourhood of the Court during the said adjournment, under the charge of a proper officer of the Court.
18. And be it further enacted and ordained, that if, during the trial of any action, indictment, or information, any one or any two of the said jurors shall be disabled by death, illness, or bodily infirmity, from serving on the jury, it shall be lawful for the Court in its discretion to order the trial of such action, indictment, or information, to be proceeded with in like manner as if the full number of jurors had continued to serve on the jury, and any verdict returned by the remaining jurors, or by a majority, shall be of equal validity and have the same force and effect, as if it had been returned by jury consisting of the full number of six jurors; Provided always, that in capital cases the said remaining jurors must be unanimous in their verdict, in order to warrant sentence of capital punishment to be passed on the traverser or defendant; but if he be found guilty of a crime less than the capital one on which he is arraigned, then due sentence shall follow the finding of such majority; Provided always, that it shall be lawful for the Court, instead of proceeding with the trial with the said remaining jurors, to cause a new jury to be impanelled, sworn, and charged with any prisoner; and the action, indictment, or information shall be tried as if such first jury had not been impanelled.
19. And be it further enacted and ordained, that whenever the jury in any case has withdrawn, and been kept apart for the purpose of considering their verdict, and shall not have returned the same before all the other cases for trial at the same sittings or sessions shall have been disposed of, and when it shall sufficiently appear to the Court that the said jury cannot agree upon a verdict, and that there be not such a majority or majorities as aforesaid agreeing, the Court shall discharge such jury, and shall cause a new jury to be impanelled, and sworn, and charged with any prisoner, and the action, indictment, or information shall be tried as if such first jury had not been impanelled.
20. And be it further enacted and ordained, that the verdict of the jury or majorities as hereinbefore mentioned, shall in all cases be given by the foreman, in open Court, and in the presence of all the said jury, and, if a criminal proceeding, in the presence of the prisoner, and shall be thereupon recorded by the Registrar of the said Court; and the said Registrar shall, before taking the said verdict, ask if they are all or by what majority agreed thereon, and whether they find for the plaintiff, or for the defendant, and in the case of a prisoner, whether they find such prisoner, "Guilty" or "Not Guilty;" and the said jury shall either pronounce a general verdict for the plaintiff, or defendant, or of "Guilty," or "Not Guilty," or else shall return a special verdict finding the facts of the case: Provided always, that the said jury may acquit any prisoner of a part of the charge against him, and find him guilty of the remainder.
21. And be it further enacted and ordained, that nothing herein contained shall be held to extend to, or alter the Ordinance No. 5 of 1847, entitled "An Ordinance for regulating Juries at Coroner's Inquests."