Page images

to them by a judge of the court, or by a person appointed by the court for that purpose.

$ 489. The officers shall be sworn to suffer no person to speak to the jury, nor to speak to them themselves, on any subject connected with the trial, and to return them into court without unnecessary delay, or at a specified time.

§ 490. If a juror have any personal knowledge respecting a fact in contr .versy in a cause, he must declare the same in open court, during the trial. If during the retirement of the jury, a juror declare any fact, which could be evidence in the cause, as of his own knowledge, the jury must return into court. In either of these case, the juror making the statement must be sworn as a witness, and examined in the presence of the parties.

§ 491. The jurors worn to try an indictment, may, at any time before the submission of the cause to the jury in the discretion of the court, be permitted to separate, or be kept in charge of proper officers. The officers shall be sworn to keep the jurors together until the next meeting of the court, to suffer no person to speak to them, nor to speak to them themselves, on any subject connected with the trial, and to return them into court at the next meeting thereof.

§ 492. The jury shall also, at each adjournment of the court, whether they be permitted to separate or be kept in charge of officers, be admonished by the court, that it is their duty not to converse among themselves, on any subject connected with the trial, or to form or express any opinion thereon, until the cause is finally submitted to them.

§ 493. If, before the conclusion of the trial, a juror become sick, so as to be unable to perform his dury, the court may order him to be discharged. In that case a new juror may be sworn, and the trial begin anew, or the jury may be discharged, and a new jury then or afterwards impannelled.

§ 494. The court shall decide all questions of law, which shall arise in the course of the trial.

§ 495. On the trial of an indictment for libel, the jury have the right to determine the law and the fact.

$ 496. On the trial of an indictment or any other offence than libel, questions of law are to be decided by the court; saving the right of the defendant to except; questions of fact, by the jury. And although the jury have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law what is laid down as such by the court.

§ 497. In charging the jury, the court shall state to them all such matters of law as it shall think necessary for their information in giving their verdict; and if it present the facts of the case, shall, in addition to what it may deem its duty to say, inform the jury that they are the exclusive judges of all questions of fact.

$ 498. After hearing the charge, the jury may either decide in court, or may retire for deliberation. If they do not agree without retiring, one or more officers must be sworn, to keep them together in some private and convenient place, without meat or drink, unless otherwise ordered by the court, and not to permit any person to speak to them, nor speak to them themselves, unless it be to ask them whether they have agreed upon a verdict, and to return them into court when they have so agreed.

§ 499. Where a defendant, having given bail, appears for trial, the court may, in its discretion at any time after his appearance for trial, order him to be committed to the custody of the proper officer of the county, to abide the judgment or further order of the court; and he shall be committed and held in custody accordingly.


Coocuri of the jury, after the cause is submitted to them.

$ 500. A room shall be provided by the supervisors of the county, (or if the trial be in a mayor's or recorder's court, by the corporate authorities of the city,) for the use of the jury, upon their retirement for deliberation, with suitable furniture, fuel, lights and stationery. If the supervisors or corporate authorities neglect, the court may order the sheriff' to do so; and the expenses incurred by him in carrying the order into effect, when certified by the court, shall be a county charge.

$ 501. While the jury are kept together, either during the progress of the trial or after their retirement for deliberation, they shall be provided by the sheriff, at the expense of the county, or if the trial be in a mayor's or recorder's court, at the expense of the city.) with suitable and sufficient food and lodging:

§ 502. Upon retiring for deliberation, the jury may take with them all papers, (except depositions,) which have been received as evidence in the cause, or copies of such parts of public records or private documents, given in evidence, as ought not, in the opinion of the court, be taken from the person having 'hem in possession.

$ 503. The jury may also take with them notes of the testimony or other proceedings on the trial, taken

[Fourth RIP)


by themselves or any of them, but none taken by any

other person.

$ 501. After the jury have retired for deliberation, if there be any 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 must 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 district attorney, and the defendant or his counsel.

505. If, after the retirement of the jury, one of them be taken so sick as to prevent the continuance of his duty, or any other accident or cause occnr, to prevent their being kept t gether for deliberation, the jury may be discharged.

$ 506. Except as provided in the last section, the jury shall not be discharged after the cause is submitted to them, until they have agreed upon their verdict, and rendered it in open court, unless by the consent of both parties entered upon the minutes, or unless, at the expiration of such time as the court shall deem proper, it satisfactorily appear that there is no reasonable probability that the jury can agree.

$ 507. In all cases where a jury are discharged, or prevented from giving a verdict, by reason of any accident or other cause, except where the defendant is dis

« PreviousContinue »