382
No. 6 of 1887.
Verdict of majority to prevail except in capital case.
Provision in case of death, illness, or non-attendance of juror.
JURY.
names shall be kept apart by themselves until all the cards in the box have been drawn: Provided always, that if any case is brought on to be tried before the jury in any other case have brought in their verdict, it shall be lawful for the Court to order another jury to be drawn from the residue of the said cards for such trial: Provided also, that where no objection is made on behalf of the plaintiff or prosecutor or on behalf of the defendant or person accused, it shall be lawful for the Court to try any case with the same jury who have previously tried or been drawn to try any other case, but it may order the name of any person on such jury, whom both parties may consent to withdraw or who may be justly challenged or excused by the Court, to be set aside and another name to be drawn from the box.
[s. 20, rep. No. 62 of 1911.]
21.—(1) In the event of any of the jurors, after reasonable consultation, dissenting from the residue, the verdict in civil cases of a majority, and in criminal cases of a majority composed of not less than 5 jurors, shall be taken to be the verdict of the jury: Provided always, that if any person is arraigned for any offence punishable with death the jury must be unanimous in their verdict of guilty or not guilty; but if a majority, composed of not less than 5, 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 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 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 composed of not less than 5 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:
Provided that in a criminal trial for an offence punishable with death, the jury shall not consist of less than 7.
* As amended by No. 62 of 1911 and No. 63 of 1911.
As amended by No. 62 of 1911, No. 63 of 1911, No. 21 of 1912 and No. 22 of 1912.
Page 383
382
No. 6 of 1887.
Verdict of
majority to prevail except in capital case.
*
Provision in
illness, or non-attend-
ance of juror.
f
JURY.
names shall be kept apart by themselves until all the cards in the box have been drawn: Provided always, that if any case is brought on to be tried before the jury in any other case have brought in their verdict, it shall be lawful for the Court to order another jury to be drawn from the residue of the said cards for such trial: Provided also, that where no objection is made on behalf of the plaintiff or prosecutor or on behalf of the defendant or person accused, it shall be lawful for the Court to try any case with the same jury who have previously tried or been drawn to try any other case, but it may order the name of any person on such jury, whom both parties may consent to withdraw or who may be justly challenged or excused by the Court, to be set aside and another name to be drawn from the box.
[s. 20, rep. No. 62 of 1911.]
21.—(1) In the event of any of the jurors, after reasonable con- sultation, dissenting from the residue, the verdict in civil cases of a majority, and in criminal cases of a majority composed of not less than 5 jurors, shall be taken to be the verdict of the jury: Provided always, that if any person is arraigned for any offence punishable with death the jury must be unanimous in their verdict of guilty or not guilty; but if a majority, composed of not less than 5, 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 further consider their verdict.
22. In the event of the death, illness, or default of attendance case of death, 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 composed of not less than 5 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 :
Provided that in a criminal trial for an offence punishable with death, the jury shall not consist of less than 7..
* As amended by No. 62 of 1911 and No. 63 of 1911.
As amended by No. 62 of 1911, No. 63 of 1911, No. 21 of 1912
and No. 22 of 1912.
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