, 1854-07-01


Sec. 1893. When the evidence is com
plcted the pleintiff or party having the
burden Of prof may, by himself or counsel
address the court and Jury upon the law
and the facts d the case, after which the
other party may address the court and jury
in like manner, and be followed by the
party first Addressing the court, by himself
or one counsel. The court shall then proceed
to charge 9e jury upon the law in the
case, when eithcrparty may ask, in writing,
Such instructions to the jury as he may
deem proper and if the court refuse to
give such Instructions, the party asking
the same may except. Either party shall
have the right to except to the charge Of
the court or any part thereof but no ex-
ccption shall be regarded which does not
point out the particular points excepted to.
\ Sec. 1874. The jury may either decide
in the court room, or retire for deliberation,
If they retire, they shall De kept together
in room provided for them, or some other
convenient place, under tn. charge of one
or more officers, until they agree upon their
verdict, or are discharged The officer
shall, to the utmost of his ability, keep the
Iiury together, separate from other persons;
he shall not suffer any communication to be
made to them, or make any himself, unless
by order of the court, except to ask them
if they have agreed upon their verdict
. and he shall not before the verdict is rem
dcred, communicate to any person the state
of their deliberations, or the verdict agreed
upon.
Sec 1876. Upon retiring for delibera-
tion, the jury may take with them the
pleadihgS in the cause, and oil papers
which have been received as evidence on
the trial, or copies of such parts of public
records or private documents given in evi-
dence rs ought not, in the opinion of the
court, to be taken from the person having
them in possession.
Sec. 1876. After the jury have retired
for deliberation, if there be,a disagreement
between them as to any part Of the testi-
mony, or if they desire to be informed of
any point of law arising in the cause, they
may require the officer to conduct them
into court. Upon their being brought into
court, the information required shall be-
given. in the presence Of, or after notice to
the parties or counsel.
Sec. 1877. While the jury are absent,
the court may adjourn from time to time,
in respect to other business but it is nev-
crtheless to be deemed open for every pur-
pose connected with the cause submitted to
the jury until verdict is rendered or the
jury is discharged. A final adjournment
Of the court discharges the jury.
THE VERDICT.
Sec. l9S. The verdict of q Jury isl
either general or special. A general YER
dict is that by which the jury pronounces
generally upon all or any of the issues,
either in favor of the plaintiff or defendant.
A special verdict is that by which the jury
find the facts only, leaving the Judgment to
the court
Sec. 1919. In an action for the recov-
cry of specific personal property, if the
property have not been delivered to the
plaintiff, or the defendant by his answer
claim return thereof, the jury shall assess
the value of the property, if their verdict
be in favor of the plaintiff, or if they find
in favor of the defendant, and that he is
entitled to a return thereof and may at
the same time assess the damages, if any
are claimed in the complaint or answer,
which the prevailing party has sustained
by reason Of the detention, or taking and
Withholding such property.
Sec. 200. In every action for the re-
covery of money only, or specific real prop
erty, the jury, in their discretion, may rem
der general or special verdict. In all
other cases the court may direct the jury
to find a special verdict in writing upon all
or any of the issues; and in all cases may
instruct them, if they render general ver-
dict, to find upon particular questions of
fact, TO be stated in writing, and may di-
rect written finding thereon. The spe-
cial verdict or finding shall be fled with
the clerk and entered upon the minutes.
See. POI. When q special finding of
facts shall he inconsistent with the general
verdict, the former shall control the latter,
and the court shall give judgment accord
ingly
Sec. 202. When a verdict is found for
the plaintiff in an action DOR the recovery
! Of money or for the defendant when set
of for the recovery of money is established
beyond the amount of the plaintiff Is claim
established, the jury shall also assess the
amount of the recovery when the court
give judgment for the plaintiff on the an
swer
Sec. 203. If the verdict be informal, it
may be corrected by the jury under the adj
vice of the court, or the jury may be again
sent out. When rendered, the verdict
shall be entered by the clerk on his min
uteS.
| TRIAL BY THE COURT.
Sec 2O4. Trial by jury may, with the
assent Of the court, be waived by the sew
eral parties, in the manner following:
/. By failing to appear at the trial;
3. By written consent in person or by