256 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.
Provision in case 18. And be it further enacted and ordained , that if, during the trial of any action ,
of death or disa
bility ofjuror. 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 six jurors ; Provided always, that in capital cases
the said remaining jurors must be unanimous in their verdict, in order to warrant sen
tence 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 im
panelled.
In case jury 19. And be it further enacted and ordained, that whenever the jury in any case
cannot agree up
on verdict.
has withdrawn , and been kept apart for the purpose of considering their verdict, and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 .
Verdict. 20. And be it further enacted and ordained , that the verdict of the jury or ma
jorities 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 plain
tiff, 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.
Not to extend 21. And be it further enacted and ordained, that nothing herein contained shall
to coroner's ju
ries. be held to extend to, or alter the Ordinance No. 5 of 1847, entitled " An Ordinance for
regulating Juries at Coroner's Inquests."