Charge to the jury. 5. If several defendants, having separate defenses, appear by different counsel, the Court must determine their relative order in the evidence and argument; 6. The Court may then charge the jury. 608. (§ 165.) In charging the jury the Court may state to them all matters of law which it thinks necessary for their information in giving their verdict; and, if it state the testimony of the case, it must inform the jury that they are the exclusive judges of all questions Court must of fact. The Court must furnish to either party, at the time, upon request, a statement in writing of the the points points of law contained in the charge, or sign, at the furnish in writing, upon request, of law contained therein. Special instructions. View by jury of the premises. Admoni tion when jury permitted time, a statement of such points prepared and submitted by the counsel of either party. 609. Where either party asks special instructions to be given to the jury, the Court must either give such instruction, as requested, or refuse to do so, or give the instruction with a modification, in such manner that it may distinctly appear what instructions were given in whole or in part. 610. When, in the opinion of the Court, it is proper for the jury to have a view of the property which is the subject of litigation, or of the place in which any material fact occurred, it may order them to be conducted, in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the Court for that purpose. While the jury are thus absent, no person, other than the person so appointed, shall speak to them on any subject connected with the trial. 611. If the jury are permitted to separate, either during the trial or after the case is submitted to them, to separate. they shall be admonished by the Court that it is their duty not to converse with, or suffer themselves to be addressed by any other person, on any subject of the trial, and that it is their duty not to form or express an opinion thereon until the case is finally submitted to them. 612. (§ 167.) Upon retiring for deliberation the jury may take with them all papers which have been received as evidence in the cause, except depositions, or copies of such papers as ought not, in the opinion of the Court, to be taken from the person having them in possession; and they may also take with them notes of the testimony or other proceedings on the trial, taken by themselves or any of them, but none taken by any other person. Jury may them take with certain papers. tion of conducted. 613. (§ 166.) When the case is finally submitted Deliberato the jury, they may decide in Court or retire for jury, how deliberation. If they retire, they must be kept together, in some convenient place, under charge of an officer, until they agree upon a verdict or are discharged by the Court. Unless by order of the Court, the officer having them under his charge must not suffer any communication to be made to them, or make any himself, except to ask them if they are agreed upon their verdict; and he must not, before their verdict is rendered, communicate to any person the state of their deliberations, or the verdict agreed upon. 614. (§ 168.) After the jury have retired for deliberation, if there be a disagreement between them as to any part of the testimony, 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 must be given in the presence of, or after notice to, the parties or counsel. 615. (§ 164.) If, after the impaneling of the jury, and before verdict, a juror become sick, so as to be May come for further tions. into Court instruc Proceed ings in case a juror becomes sick. When prevented verdict, the cause may be again tried. unable to perform his duty, the Court may order him to be discharged. In that case the trial may proceed with the other jurors, or another juror may be sworn and the trial begin anew; or the jury may be discharged, and a new jury then or afterwards impaneled. 616. (§ 169.) In all cases where the jury are disfrom giving charged, or prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial, or after the cause is submitted to them, the action may be again tried immediately, or at a future time, as the Court may direct. While jury are absent, adjourn from time to time. 617. (§ 170.) While the jury are absent the Court may Court may adjourn from time to time, in respect to other business; but it is nevertheless open for every purpose connected with the cause submitted to the jury, until a verdict is rendered or the jury discharged. The Court may direct the jury to bring in a sealed verdict, at the opening of the Court, in case of an agreement during a recess or adjournment for the day. A final adjournment of the Court for the term discharges the jury. Sealed verdict. Final adjournment discharges the jury. Verdict, how declared. Form of. 618. (§ 171.) When the jury have agreed upon their verdict, they must be conducted into Court, their names called by the Clerk, and the verdict rendered by their foreman. The verdict must be in writing, signed by the foreman, and must be read by the Clerk to the jury, and the inquiry made whether it is their verdict. If any juror disagrees, they must be sent out again; but if no disagreement be expressed, and neither party requires the jury to be polled, the verdict is complete and the jury discharged from the Polling the case. Either party may require the jury to be polled, which is done by the Court or Clerk asking each juror if it is his verdict. If any one answer in the negative, the jury must again be sent out. jury. ings when verdict is informal. 619. (§ 172.) When the verdict is announced, if Proceedit is informal or insufficient, in not covering the issue submitted, it may be corrected by the jury under the advice of the Court, or the jury may be again sent out. ARTICLE III. THE VERDICT. SECTION 624. General and special verdicts defined. 625. When a general or special verdict may be rendered. 627. Verdict in actions for the recovery of specific personal 628. Entry of verdict. and special defined. 624. (§ 174.) The verdict of a jury is either gen- General eral or special. A general verdict is that by which verdicts they pronounce 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. The special verdict must present the conclusions of fact as established by the evidence, and not the evidence to prove them; and those conclusions of fact must be so presented as that nothing shall remain to the Court but to draw from them conclusions of law. in general or special verdict may be rendered. 625. (§ 175.) In an action for the recovery of When a money only, or specific real property, the jury, their discretion, may render a 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 a general verdict, to find upon particular questions of fact, to be stated in writing, and may direct a written finding thereon. The special verdict or finding must be filed with the Clerk and entered upon the Verdict in actions for minutes. Where a special finding of facts is inconsistent with the general verdict, the former controls the latter, and the Court must give judgment accordingly. 626. (§ 176.) When a verdict is found for the recovery of plaintiff in an action for the recovery of money, or for money or on estab lishing counter claim. Verdict in actions for the recovery of specific personal property. Entry of verdict. the defendant, when a counter claim for the recovery of money is established, exceeding the amount of the plaintiff's claim as established, the jury must also find the amount of the recovery. 627. (§ 177.) In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or the defendant, by his answer, claim a return thereof, the jury, if their verdict be in favor of the plaintiff, or if being in favor of the defendant they also find that he is entitled to a return thereof, must find the value of the property, 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 taking or detention of such property. 628. (§ 178.) Upon receiving a verdict, an entry must be made by the Clerk in the minutes of the Court, specifying the time of trial, the names of the jurors and witnesses, and setting out the verdict at length; and where special verdict is found, either the judgment rendered thereon, or if the case be reserved for argument or further consideration, the order thus reserving it. |