the-ordinances-of-the-legislative-counci-1890v2 — Page 367

JURY CONSOLIDATION, [ 18 of 1887. ) 957

be desirable to the Judge, he inay direct the jury to further
consider their verdict .
23. In the event of the death , illness, or default of attendance Provision in
of any one or two of the jurors during the trial of any suit, disabilityor
action , or information, it shall be lawful for the Court, in its non -attend
discretion to order the trial of such suit , action, or information, ance
(No. of
11 juror.
of
to be proceeded with in like manner as if the full number of 1864, s. 24.]
jurors had continued to serve on the jury , and any verdict
returned by the remaining jurors, or by a majority, 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 capital cases 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 :
and the suit, action, or information shall be tried as if such first
jury had not been empanelled.
24. The verdict of the jury shall in all cases be given by the Verdict how
foreman, in open Court, and in the presence of all the jury, and given,
No. 11 of
if in a criminal proceeding in the presence of the prisoner, and 1864, s. 24.]
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 the case of a prisoner or accused
whether they find such prisoner or accused guilty or not guilty ;
and the jury shall either pronounce a general verdict for the
plaintiff or defendant, or of guilty or notguilty, or else shall return
a special verdict finding the facts of thecase. Provided always,
that the jury may acquit any prisoner or accused of a part of
the charge against him , and find him guilty of the remainder.
25. Whenever the jury in any case has withdrawn, and been In casejury
kept apart for the purpose of considering their verdict, and shall cannotagree.
not have returned the same before all the other cases for trial ( No. 11 of
at the same sittings or sessions shall have been disposed of, and
when it shall sufficiently appear to the Court that the said jury
cannot agree upon a verdict, and that there is not such a major
ity as aforesaid agreeing, the Court shall discharge such jury ,
and shall cause a new jury to be empanelled and sworn and
charged with any prisoner or accused, and the suit or action ,
or information shall be tried as if such first jury had not been
empanelled .
26. Nothing herein contained shall prevent the Court from Court
Power toto the
exempting in its discretion any person or persons from serving, exempt jurors.
as a juror on any trial , or from removing their names from the (No. 11 of
1864 , s . 18. ]
list of jurors, on cause being shown for so doing:
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