ANCES OF II
HKONG: [A.D. 1887.
Withdrawal of jury to consider verdict.
Verdict of majority to prevail, except in capital case.
Provision in case of death, illness, or non-attendance of juror.
Mode of giving verdict.
and with such person or persons whose name or names is or are so drawn and who appears or appear,
20. Whenever the jury in a criminal case are not 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.
21.-(1.) 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 in civil cases of a majority and in criminal cases of a majority consisting of not less than five jurors shall be held and deemed to all intents and purposes to be the verdict of the jury: Provided always that, if any person is 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 a majority consisting of not less than five persons as aforesaid, find such person guilty of a less crime than the capital one, 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 to the Judge to do so, he may direct the jury to further consider their verdict.
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, in its discretion, 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 remaining jurors 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 a criminal case when the offence charged is visited by the law with capital punishment, 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 person; and the action, suit, information, or indictment shall be tried as if such first jury had not been empanelled.
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 prisoner or accused person, 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 ...
ANCES OF II
GKONG: [A.D. 1887.
Withdrawal of jury to consider
verdict.
Verdict of
majority to prevail, ex- cept in capital
case.
Provision in case of death, illness, or non-attend- ance of juror.
Mude of giv- ing verdict.
and with such person or persons whose name or names is or are so drawn and who appears or appear,
20. Whenever the jury in a criminal case are not 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.
21.-(1.) In the event of any of the jurors dissenting from the residue, the jury shall retire to consider their verdiet, and, after reasonable con- sultation, the verdict in civil cases of a majority and in criminal cases of a majority consisting of not less than five jurors shall be held and deemed to all intents and purposes to be the verdict of the jury: Provided always that, if any person is 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 a majority. consisting of not less than five persons as aforesaid, find such person guilty of a less crime than the capital one, 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 to the Judge to do So, he may
direct the jury to further consider their verdict.
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, in its discretion, to order the trial of such action, suit, information, or indictment to be procceded 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 remaining jurors 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 a criminal case when the offence charged is visited by the law with capital punish- ment, the jury shall not consist of less than seven men; Provided, also, that it shall be lawful for the Couri, 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 person; and the action, suit, information, or indictment shall be tried as if such first jury had not been empanelled.
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 prisoner or accused person, 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 there- on, and whether they find for the plaintiff or for the defendant, and, in
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