35. After all the witnesses have been examined in court, the assizcrs are shut up in a room by themselves, where they must continue, excluded from all correspondence till their verdict or judgment be subscribed by the foreman (or chancellor) and clerk ; but if they are unanimous, they may, by 54 Gco. III. c. 67, deliver their verdict at once by the mouth of their chancellor, without retiring from the box. According to this verdict, the court pronounces sen- . tence, either absolving or condemning. It is not necessary, by the law of Scotland, that a jury should be unanimous in finding a person guilty ; the narrowest majority is as suffi cient against the panne! as for him. Juries cannot be punished on account of an erroneous verdict, either for or against the pannel ; but they might, by our former law, for absolving him against clear evidence.
36. Though the proper business of a jury be to inquire into the truth of the facts found relevant by the court, for which reason they are sometimes called the inquest ; yet, in many cases, they judge also in matters of law or rele vancy. Thus, though an objection against a witness should be repelled by the court, the assizers are under no neces sity to give more credit to his testimony than they think just ; and in all trials of art and part, where special facts are not libelled, the jury, if they return a general verdict, are indeed judges, not only of the truth, but of the rele vancy of the facts that are sworn to by the witnesses. A general verdict is that which finds, in general terms, that the pannel is guilty or not guilty, or that the libel or defences are proved or not proved. In a special verdict,
the jury finds certain facts proved, the import of which is to be afterwards considered by the court.
37. By our old law, the sheriff was confined to a definite time, in pronouncing and executing sentence on certain criminals. When a murderer was taken red hand, i. e. apprehended in the criminal act, it behoved the sheriff not only to try him, but to execute the sentence within three suns ; whereas, if he was apprehended ex intervallo, forty days were allowed for that purpose. It was afterwards provided, that in all cases where the sheriff was tied down to do justice in three suns, sentence might be executed at any time within nine days, provided it had been pronounced within three. But, by our present laws, criminal judges not only may, but must suspend for some time the execu tion of such sentences as affect life or limb, so that con demned criminals, whose cases deserve favour, might have access to apply to the king for mercy. No sentence of any court of judicature, south of the river Forth, importing either capital or coporal punishment, could be executed in less than thirty days ; and if north of it in less than forty, after the date of the sentence by I I Geo. I. c. 26, 10. This act, in so far as it concerns corporal punishments, less than death, or dismembering, e. g. whipping, pillory, Scc. is altered ; so that judges may now inflict these eight days after sentence on this side Forth, and twelve days after sen tence beyond it, Geo. II. e. 32.