VERDICT. The finding of a jury upon the issues tried before it. The jurors must deter mine upon the state of facts which they all consider to have been established by the evidence, and make a proper application of the law re lating thereto as charged by the court. Where a court wishes to reserve the application of the law to itself, it may direct the jury to find the facts only, and such a finding is known as a special verdict. A verdict must be the result of the fair and unbiased consideration of all the jurors, and if it is arrived at in any other way it may be set aside. For example, if the jurors differ as to the amount of damages to be awarded to a plaintiff, and in order to reach an agreement, add together the various sums con tended for by each, and divide the total by twelve, such a 'quotient' or 'compromise' verdict may he set aside. A verdict which is the result of chance or lot is also illegal and void. In civil proceedings if the verdict is against the weight of evidence or illegal for any reason it may be set aside. In criminal proceedings a verdict of acquittal is conclusive. A verdict nmst be unanimous, and it has been held that in trials for felony the accused cannot waive the right to the verdict of twelve jurors. The courts
in ninny States may receive a verdict on Sun day. An accused person has the right to he present in court when the verdict, is rendered. if it is not convenient for a judge to receive a verdict at. the hour the jurors arrive at their conclusion, he may authorize them to write it out, affix their signatures to the paper, seal it up securely. and deliver it to a court officer for custody until they assemble again in court. to announce it. This is often done where the ver dict is determined upon late at night.. especially on the eve of a holiday. The verdict of a jury is announced by its foreman and must be in a proper form to :inswer the issues presented. For example, a, general verdict is 'for the plaintiff' or 'for the defendant,' specifying the amount of recovery, and in eriminn I eases, 'guilty' or 'not guilty.' in Scotland the peculiar and unsatis factory form of verdict 'not proven' is per mitted in eriminal cases. This does not exon erate the prisoner, but is a bar to a second trial.
Consult Stephen, Commentaries on tire Law of Englund (14th ed., London, 1903) ; New York Code of Civil Procedure; and the authorities re ferred to under PLEADING. See JURY.