378.
Provision in case of illness, or non-attendance.
No. 6 of 1887.
JURY.
must be unanimous in their verdict of guilty or not guilty; but if a majority, consisting of not less than five, find such person guilty of a less crime, then the finding of such majority shall be the verdict, and sentence shall follow accordingly.
(2) If in any case it seems for any cause to be desirable the judge may direct the jury to consider their verdict further.
22. In the event of the death, illness, or default of attendance of any one or two of the jurors during the trial of any action, suit, information, or indictment, it shall be lawful for the court to order the trial of such action, suit, information, or indictment 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 in civil cases by a majority, or in criminal cases by a majority consisting of not less than five of the remaining jurors shall be of equal validity as if it had been returned by a jury consisting of the full number of jurors:
Mode of giving verdict.
Case of jury upon verdict.
Provided that in a criminal trial for an offence punishable with death, the jury shall not consist of less than seven,
23. The verdict of the jury shall in all cases be given by the foreman in open court and in the presence of all the jury, and, if in a criminal proceeding, in the presence of the person accused, and shall thereupon be recorded by the Registrar; 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 person accused, whether they find such person accused 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 verdict finding the facts of the case: Provided always that the jury may acquit any person accused of a part of the charge against him, and find him guilty of the remainder.
24. Whenever the jury in any case have withdrawn and been kept apart for the purpose of considering their verdict, and have not returned the same before all the other cases for trial at the same sitting or session have been disposed of, and when it sufficiently appears to the court that the said jury are unable to agree...
* As amended by Law Am. Ord., 1923.
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