Jury.
[CAP. 3
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.
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majority to
except in
case.
23. (1) In the event of any of the jurors, after reasonable consultation, dissenting from the residue, the verdict of a majority, and in criminal cases of a majority consisting of not less than five 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, consisting of not less than five, 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 consider their verdict further.
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24. In the event of the death, illness, default of attendance or discharge by the court for any other reason 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 consisting of not less than five 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 six.
Provision in case of death, illness, or non-attendance of juror. 49 of 1947, s. 2.
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135
Jury.
[CAP. 3
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.
[19
majority to
except in
case.
23. (1) In the event of any of the jurors, after reason- Verdict of able consultation, dissenting from the residue, the verdict prevail in civil cases of a majority, and in criminal cases of a capital majority consisting of not less than five 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, consisting of not less than five, 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 desir- able, the judge may direct the jury to consider their verdict further.
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24. In the event of the death, illness, default of attendance or discharge by the court for any other reason 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 consisting of not less than five 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 six.
Provision in illness, or non- of juror. 49 of 1947, s. 2.
case of death,
attendance
135
.
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