Page:United States Statutes at Large Volume 31.djvu/412

360 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. Be;E`§§;“g¥§Q,'}y_ “°‘“ Sec. 179. An exemption from service on a jury shall not be cause of challenge, but the privilege of the person exempted. ,e§;,';b°’ °‘ Cm"' Sec. 180. A peremptor c allenge or a challenge for cause may be ` taken by either party. Vlghen there are two or more parties, plaintiifs or defendants, they must join in the challenge or it can not be taken. Either party shall be entitled to three peremptory challenges and no more. . ‘ mgjggt b}$§1gj€§d*;gg Sec. 181. The defendant first and afterwards the plaintiif shall when men. ’ challenge for cause, and when a challenge has been sustained the vacancy shall be filled before further challenge is made, and any new juror may at any time be challengled for cause by either party to the action. When the panel is full, the defendant shall have one peremptory challenge, followed by one by the plaintiff, and so on alternate y _ until each side has exhausted its right to such challenge. ch?,§§,fg§,S_°* “*k’“g Sec. 182. The challenges of either party shall be taken separately, in the following order, including in each challenge all the causes of challenge belonging to the same class: First. For general disqualification; Second. For implied bias; Third. For actual bias; . Fourth. Peremptory; but either party may take peremptory challeigge at any time before his right of challenge ceases. T¤¤1°i°h¤“°¤8€· EG. 183. The challenge may be excepte to by the adverse party for insufficiency; and if so, the court shall determine the sufficiency thereof, assuming the facts alleged therein to be true. The challenge may be denied by the adverse party; and if so, the court shall try the issue and determine the law and the fact. degggcggdjjjgfgpcggjj Sec. 184. Upon the trial of a challenge the rules of evidence appliieuge. cable to testimony offered upon the tria of an ordinary issue of fact shall govern. The juror challenged, or any other person otherwise competent, may be examined as a witness by either party. If a challenge be determined to be sufficient, or found to be true, as the case may be, it shall be allowed, and the juror to whom it was taken excluded; but if determined or found otherwise it shall be disallowed. Gj¤¤~11¤¤s<= mw be Sec. 185. The challenge, the exception, and the denial may be made °”` orally. The judge of the court shal note the same upon his minutes, and the substance of the testimony on either side. Om °‘5¤*Y· Sec. 186. As soon as the number of the jury has been completed an oath or aflirmation shall be administered to the jurors in substance that they and each of them will well and truly try the matter in issue between the plaintiff and the defendant,and a true verdict give according to the law and evidence as given them on the trial. CHAPTER SEVENTEEN. ,— CONDUCT OF THE TRIAL BY JURY. Sec. Sec. 187. Order of proceedin on the trial. 197. When new trial may be had if jury 188. When a view may iis ordered. discharged. 189. Manner of keeping jury. _ 198. Court deemed open until jury gives 190. When juror taken sick, how to pro- verdict or is discharged. ceed. 199. If juror absent when jury return, 191. The charge to the jury. jury to be discharged. 192. How jury kept while deliberating; 200. Manner of giving verdict. officer to be sworn. 201. Jury may be polled, or insufficient 193. Food and lodging of jurors. verdict corrected. ` ,194. What papers jury may take. 202. When verdict complete and jury dis- 195. When jury may return for informa- charged, verdict to be in writing tion.and entered on the journal. 196. When jury may be discharged without giving verdict. mg;§_*;{t,$;tr§;{§°€€d· Sec. 187. When the jury has been completed and sworn, the trial shall proceed in the order prescribed in this section, unless the court for special reasons otherwise direct.