CAP. 3]
Mode of giving verdict.
Case of jury not agreeing
Jury.
25. 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 person accused, and shall thereupon be recorded by the Registrar or clerk of the court who 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 the case of a person accused, whether they find such person accused guilty or not guilty; and the jury shall either pronounce a general verdict for the plaintiff or defendant, or of guilty or not guilty, or else shall return a special verdict finding the facts of the case: Provided always that the jury may acquit any person accused of a part of the charge against him, and find him guilty of the remainder.
[23
26. Whenever the jury in any case have withdrawn and upon verdict been kept apart for the purpose of considering their verdict, and have not returned the same before all the other cases for trial at the same sitting or session have been disposed of, or when it sufficiently appears to the court that the said jury cannot agree upon a verdict, and that there is not such a majority as aforesaid agreeing, the court shall discharge such jury, and shall cause a new jury to be empanelled and sworn and charged with any person accused, and the action, suit, information, or indictment shall be tried as if such first jury had not been empanelled.
[24
Power of the court to
27. Nothing in this Ordinance shall prevent the court exempt juror from exempting, in its discretion, any person from serving as a juror on any trial or from removing the name of any person from the list of jurors, on cause being shown for so doing.
[25
Challenge for cause only in criminal
cases.
Talesmen.
9 of 1950, Schedule.
28. No person who is put upon his trial either for treason, felony, or misdemeanor shall be allowed to challenge any of the jurors except for cause.
[26
29. Whenever there is a deficiency of jurors, it shall be lawful for the court, at the prayer of either of the parties in the action or of the prosecutor or person accused, to put upon the jury so many fit and proper persons of the
136
САР, 3]
Mode of giving verdict.
Case of jury not agreeing
Jury.
25. 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 person accused, and shall thereupon be recorded by the Registrar or clerk of the court who 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 the case of a person accused, whether they find such person accused guilty or not guilty; and the jury shall either pronounce a general verdict for the plaintiff or defendant, or of guilty or not guilty, or else shall return a special verdict finding the facts of the case: Provided always that the jury may acquit any person accused of a part of the charge against him, and find him guilty of the remainder..
[23
26. Whenever the jury in any case have withdrawn and upon verdict. been kept apart for the purpose of considering their verdict, and have not returned the same before all the other cases for trial at the same sitting or session have been disposed of, or when it sufficiently appears to the court that the said jury cannot agree upon a verdict, and that there is not such a majority as aforesaid agreeing, the court shall discharge such jury, and shall cause a new jury to be empanelled and sworn and charged with any person accused, and the action, suit, information, or indictment shall be tried as if such first jury had not been empanelled.
[24
Power of the court to
27. Nothing in this Ordinance shall prevent the court exempt juror. from exempting, in its discretion, any person from serving as a juror on any trial or from removing the name of any person from the list of jurors, on cause being shown for so doing.
[25
Challenge for cause only in criminal
cases.
Talesmen.
9 of 1950, Schedule.
28. No person who is put upon his trial either for treason, felony, or misdemeanor shall be allowed to challenge any of the jurors except for cause.
[26
29. Whenever there is a deficiency of jurors, it shall be lawful for the court, at the prayer of either of the parties in the action or of the prosecutor or person accused, to put upon the jury so many fit and proper persons of the
136
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