2156 ORDINANCE No. 18 OF 1887.
Jury Consolidation.
the box, and to try the case with the residue of such original jury, and
with such person or persons whose name or names shall be so drawn and
who shall appear .
Power of 21. Whenever the jury in a criminal case, shall not be unanimous
Judge to
lirect jury to in their verdict, it shall be lawful for the Judge to direct them to with
withdraw to
consider their draw from the Court room for the purpose of considering their verdict
verdict when
not unani in private .
mous.
Verdicts of 22. In the event of any of the jurors dissenting from the residue,
majorityto be
verdict of the jury shall retire to consider their verdict and after reasonable consulta
jury unless in
capital cases tion the verdict of a majority shall be held and deemed to all intents and
where
unanimity is purposes to be the verdict of the jury . Provided always, that if any
requisite.
No. 11 of person be arraigned for any offence visited by the law with capital punish
1864, s. 3. ]
ment, then and in such case the jury must be unanimous in their verdict
of guilty or not guilty but if such majority should find such person guilty
of a less crime than the capital one , then the finding of the majority shall
be the verdict, and sentence shall follow accordingly : And if in any case
it may for any cause seem to be desirable to the Judge, he may direct
the jury to further consider their verdict.
Provision in 23. In the event of the death, illness , or default of attendance of any
case of death
disability or one or two of the jurors during the trial of any suit , action , or informa
non-attend
ance of juror. tion , it shall be lawful for the Court, in its discretion to order the trial of
[ No. 11 of
1864, s. 24. ] such suit, action , or information , to be proceeded with in like manner as
if the full number ofjurors 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 jury shall not consist of less than seven men .
Provided also 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
empanelled , sworn and if necessary charged with any prisoner or accused :
and the suit, action , or information shall be tried as if such first jury had
not been empanelled .
•
Verdict how 24. The verdict of the jury shall in all cases be given by the fore
given.
[No. 11 of man, in open Court, and in the presence of all the jury, and if in a
1864, s. 26. ]
criminal proceeding in the presence of the prisoner, 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