the-ordinances-of-the-legislative-counci-1890v2 — Page 366

956 [ 18 of 1887. ] JURY CONSOLIDATION.


sworn that he will suffer none to have access to them , or speak
to them himself except to ask whether they are agreed upon
their verdict or to communicate between them and the Court.
Provided always that it shall be in the discretion of the Judge
in all cases to dispense with any of the foregoing provisions,
and in the event of any adjournment to direct the jury to be
removed to some convenient place in the vicinity of the Court
during such adjournment under the charge of the proper officer
of the Court or to allow the jury to separate for such time and
subject to such conditions as to the Judge may seem fit.
As to new
jury for new 20. The names ofthepersons drawn as jurors shall be marked
cases . on the list provided for in section 16 ; and the cards with such
( No. 11 of names shall be kept apart by themselves until all the cards in
1864, s. 21. )
the box shall have been drawn . Provided always, that if any
case shall be brought on to be tried before the jury in any other
case shall 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 the trial of the case which shall be so brought
on to be tried . Provided also, that where no objection shall be
made on behalf of the plaintiff or prosecutor, or on behalf of the
defendant or prisoner, or accused ,it shall be lawful for the Court
to try any case with the same jury that shall have previously
tried, or been drawn to try any other case , or to 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 , 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.
Power of 21. Whenever the jury in a criminal case, shall not be
Judge to
direct jury to unanimous in their verdict, it shall be lawful for the Judge to
withdraw to direct them to withdraw from the Court room for the purpose
consider their
verdict when of considering their verdict in private.
not unani.
mous .

Verdicts of 22. In the event of any of the jurors dissenting from the
majority tobe residue, the jury shall retire to consider their verdict and after
verdict of
jury unless in reasonable consultation the verdict of a majority shall be held
capital cases
where and deemed to all intents and purposes to be the verdict of the
unanimity
requisite.
is jury. Provided always, that if any person be arraigned for any
[ No. 11 of offence visited by the law with capital punishment, then and in
1864 , s. 3. ]
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 aa less crime than the capital one, then the finding of
ihe majority shall be the verdict, and sentence shall follow
:
accordingly : and if in any case it may for any cause seem to