2156
Power of Judge to direct jury to withdraw to consider their verdict when not unanimous.
Verdicts of majority to be verdict of jury unless in capital cases where unanimity is requisite. [No. 11 of 1864, s. 3.]
3/1834 2.4.
Provision in case of death disability or non-attendance of juror.
No. 11 of 1864, s. 24.] Replaced 3/1895
Verdict how given. [No. 11 of 1864, s. 26.
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.
21. Whenever the jury in a criminal case, shall not be unanimous in their verdict, it shall be lawful for the Judge to direct them to withdraw from the Court room for the purpose of considering their verdict in private.
22. In the event of any of the jurors dissenting from the residue, the jury shall retire to consider their verdict and after reasonable consultation the verdict of a majority shall be held and deemed to all intents and purposes to be the verdict of the jury. Provided always, that if any person be arraigned for any offence visited by the law with capital punishment, 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.
23. In the event of the death, illness, or default of attendance of any one or two of the jurors during the trial of any suit, action, or information, it shall be lawful for the Court, in its discretion to order the trial of such suit, action, 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 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.
24. 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 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
2156
Power of Judge to
direct jury to withdraw to
consider their verdict when not unani-
mous.
Verdicts of majority to be verdict of
jury unless in capital cases where
unanimity is requisite. [No. 11 of 1864, s. 3.]
3/18342.4.
Provision in case of death
disability or non-attend- ance of juror.
No. 11 of 1864, s. 24.]
Replaced 3/1895
Verdict how given. [No. 11 of 1864, s. 26.3
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.
21. Whenever the jury in a criminal case, shall not be unanimous in their verdict, it shall be lawful for the Judge to direct them to with- draw from the Court room for the purpose of considering their verdict in private.
22. In the event of any of the jurors dissenting from the residue, the jury shall retire to consider their verdict and after reasonable consulta- tion the verdict of a majority shall be held and deemed to all intents and purposes to be the verdict of the jury. Provided always, that if any person be arraigned for any offence visited by the law with capital punish- 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.
23. In the event of the death, illness, or default of attendance of any one or two of the jurors during the trial of any suit, action, or informa- tion, it shall be lawful for the Court, in its discretion to order the trial of such suit, action, or information, to be proceeded with in like manner ast 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 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..
24. The verdict of the jury shall in all cases be given by the fore- man, in open Court, and in the presence of all the jury, and if in a 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
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