670
How jury to be kept when necessary to adjourn the Court.
Provision in case of death or disability of juror.
In case jury cannot agree upon verdict.
Verdict.
ORDINANCE No. 11 OF 1864.
Jury.
convenient place apart by themselves until they are agreed upon their verdict, or be discharged therefrom by the Court; and the officer shall be sworn that he will suffer none to have access to them, or speak to them, and that he will not speak to them himself except to ask whether they are agreed upon their verdict, or to communicate between them and the Court. [Repealed by Ordinance No. 7 of 1868 and new section substituted. Repealed also by Ordinance No. 8 of 1872 and fresh section substituted.]
23. Whenever it may be necessary for the Court to adjourn the further sitting of the Court during the trial of any case, it shall be competent to the Court to direct the jury to be removed to some convenient place in the neighbourhood of the Court during the said adjournment, under the charge of a proper officer of the Court. [Proviso added by Ordinances Nos. 7 of 1868 and 8 of 1872.]
24. 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 a jury consisting of the full number of seven jurors. Provided always that in capital cases the remaining jurors must be unanimous in their verdict in order to warrant sentence of capital punishment being passed on the prisoner; but if he be found guilty of a crime less than the capital one on which he is arraigned, then 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 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.
25. Whenever the jury in any case has withdrawn, and been kept apart for the purpose of considering their verdict, and shall not have returned the same before all the other cases for trial at the same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 is not such a majority 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.
26. The verdict of the jury or majority as before mentioned shall in all cases be given by the foreman, in open Court, and in the presence of all the jury, and if a criminal proceeding in the presence of the prisoner, and shall thereupon be recorded by the Registrar of the Court; and the Registrar shall, before taking the 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 jury shall either pronounce a general verdict for the plaintiff or defendant, or of “Guilty" or "Not Guilty," or else shall return a special
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