Page:United States Statutes at Large Volume 47 Part 1.djvu/982

958 Proceedings if juror becomes sick. When verdict pre- vented; cause again tried. Adjournment during absence of jury ; sealed verdict. Verdict, how de- clared ; form . Polling jury. Informal verdict ; pro- ceedings . The verdict . 72d C ONGRESS . SESS. II. CH. 127. FEBRUARY 27, 1933 . between them as to any part of the testimony, or if they desire to be in forme d of any p oint of law ari sing in the cau se, t hey may require the officer to conduct them into court . Upon their being broug ht in to co urt, the i nform ation requ ired must be gi ven in the presence of, or after notice to, the parties or counsel . SEC . 293 . PROCEEDINGS IF JUROR BECOFES SICK .-If, afte r the impan eling of the ju ry, and be fore verdi ct, a juro r bec omes sick, so as to be unab le to perf orm his du ty, the co urt may or der him to be discharged . In t hat c ase the tr ial may pr oceed with the other juro rs wi th the consent of the parties2 or another juror may be sworn and the trial begin an ew or the jury may be discharged and a new jur y the n or af ter wa rds impaneled . SEC. 294. WHEN PREVENTED FROM GIVING VERDICT, THE CAUSE MAY BE AGAIN TRIED .-In all cases where the jury are discharged, or prevented fr om 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 . SEC. 295. WHILE J URY ARE ABSE NT, COURT MAY ADJOURN FROM TIME TO TIME ; SEALED VERDICT .-While the jury are absent the court may adjou rn fr om ti me to time , in respe ct to othe r bus iness ; but it is never thele ss op en for eve ry pu rpose conn ected with the cause sub- mitted 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 ca se of an agreement during a recess or adjournment for the day . SEC. 295. VERD ICT, HOW DECLARED ; FORM OF; POLLING THE JURY: Whe n the jury, or thr ee -fo ur ths of them, ha ve agreed upo n a verdict, th ey mu st be conducted into court, their names called by the clerk, and the ve rdi ct rendered by th eir foreman ; the verdict must be in wri tin g, signed by the for em an, and mu st be re ad by the cl erk to the jury, and the inquiry made whether it is their verdict . 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 up on su ch inquiry or polling, more than one-fourth of the jurors disagree thereto, the jury must be sen t out agai n, but if no su ch di sagre ement be e xpres sed, the v er- dic t is com pl ete and the jury discharged fr om the case . SEC. 297. PROCEEDINGS WHEN VERDICT IS INFORMAL.-When the ver- dict is an nounce d, if it is informal or i nsuff icien t, in not cover ing t he iss ue su bmi tt ed, it may be corrected by the ju ry under the advice of the court, or the jury may be again sent out . THE VERDICT 11 General" and "spe- SEC . 298 . GENERAL AND SPECIAL VERDICTS DEFINED .--The verdict of a . efal,' dernrea . jury is either general or speci al . A general verdict is that by which th ey 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 f acts only, leav ing the ju dgmen t 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 tho se co nclu- sions - of fact must be so presented as that nothing shall remain to the court but to draw from them conclusions of law . When may be ren- SEC. 299 . WHEN A GENERAL OR SPECIAL VERDICT MAY BE RENDERED.-- dered . In an action for the recovery of money only, or specific re al property, the jury, in their discretion, may render a general or special verdict . In all other cases the court may direct the jury to fi nd a special ve r- dic t in wri ti ng up on al l, or any of the issues, and in all cases may instruct them, if they render a general verdict, to find upon particu