Sec. 1181. Discharge of jury failing to agree. 1182. Plaintiff cannot submit to nonsuit after jury retires. 1184. How double, treble, or increased damages, found and awarded. 1187. General or special verdict, when rendered; special finding with 1188. Special finding controls general verdict. § 1181. Discharge of jury failing to agree. Where a jury is empanelled to try an issue, to make an inquiry, or to assess damages, in an action in a court of record, or not of record, or in a special proceeding before an officer, if the jurors cannot agree, after being kept together, for such a time as is deemed reasonable, by the court before which, or the officer before whom, they were empanelled the court or officer may discharge them, and issue a precept for a new jury, or order another jury to be drawn, as the case requires; and the same proceedings must be had before the new jury, as if it was the jury first empanelled. 2 R. S. 554, § 26 (2 Edm. 575). § 1182. Plaintiff cannot submit to nonsuit after jury retires, It is not necessary, in an action in a court of record, to call the plaintiff, when the jurors are about to deliver their verdict; and the plaintiff, in such an action, cannot submit to a nonsuit. after the cause has been committed to the jury, to consider the verdict. § 1183. In action to recover money, jury to assess damages. In an action to recover a sum of money only, if a verdict is found, either in favor of the plaintiff, or in favor of a defendant, who has set up a counterclaim for a sum of money, the jury must assess the amount of damages. The jury may also, under the direction of the court, assess the amount of the damages. where the court directs judgment for the plaintiff, on the pleadings. Co. Proc., part of § 263. The remainder of that section is covered by $$ 50. and 504, ante. § 1184. How double, treble, or increased damages, found and awarded. Where double, treble, or other increased damages are given by statute, single damages only are to be found by the jury; excep in a case where the statute prescribes a different rule. The sur so found must be increased by the court, and judgment rendere accordingly. Embodies the rule in 8 Johns. 648, and 25 Wend. 420. 1185. [Am'd, 1879.] When verdict to be taken, subject to the opinion of the court. Where, upon the trial of an issue by a jury, the case presents only questions of law, the judge may direct the jury to render a verdict, subject to the opinion of the court. Notwithstanding that such a verdict has been rendered, the judge holding the trial term may, at the same term, set aside the verdict, and direct judgment to be entered for either party, with like effect and like manner, as if such a direction had been given at the trial. An exception to such a direction may be taken as prescribed in section nine hundred and ninety-four of this act. Co. Proc., part of § 265, am'd. § 1186. General and special verdict defined. A general verdict is one, by which the jury pronounces, generally, upon all or any of the issues, in favor either of the plaintiff or of the defendant. A special verdict is one, by which the jury finds the facts only, leaving the court to determine, which party is entitled to judgment thereupon. Id., § 260. § 1187. [Am'd, 1895.] General or special verdict, when rendered; special finding with general verdict. In an action to recover a sum of money only, or real property, or a chattel, the jury may render a general or special verdict, in its discretion. In any other action, except where one or more specific questions of fact, stated under the direction of the court, are tried by a jury, the court may direct the jury to find a special verdict, upon all or any of the issues. Where the jury finds a general verdict, the court may instruct it to find also specially, upon one or more questions of fact, stated in writing. The special verdict or special finding must be in writing; it must be filed with the clerk, and entered in the minutes. When a motion is made to nonsuit the plaintiffs or for the direction of a verdict, the court may, pending the decision of such motion, submit any questions of fact raised by the pleadings to the jury or require the jury to assess the damage. After the jury shall have rendered a special verdict upon such submission or shall have assessed the damage, the court may then pass upon the motion to nonsuit or direct such general verdict as either party may be entitled to. On an appeal from the judgment entered upon such nonsuit or general verdict, such special verdict, or general verdict, shall form a part of the record and the appellate division may direct such judgment thereon as either party may be entitled to. Id., last paragraph of § 261; L. 1895, ch. 946. 1188. Special finding controls general verdict. Where a special finding is inconsistent with a general verdict, the former controls the latter, and the court must render judgment accordingly. Id., § 262. § 1189. [Am'd, 1877.] Entry of verdict; subsequent proceedings. When the jury renders a verdict, or finds upon one or more specific questions of fact, stated under the direction of the court, the clerk must make an entry, in his minutes, specifying the time and place of the trial; the names of the jurors and witnesses; the verdict, or the questions and findings thereupon, as the case requires; and the direction, if any, which the court gives, with respect to the subsequent proceedings. Upon the application of the party in whose favor a general verdict is rendered, the clerk must enter judgment, in conformity to the verdict, unless a different direction is given by the court, or it is otherwise specially prescribed by law. TITLE VI. Miscellaneous provisions; including those relating to embracery, and other acts of misconduct. ec. 1190. Trials by jury to be as herein provided; juries of part aliens abolished. 1191. Venire not necessary. 1192. Jurors not to be questioned for their verdict. 1193. Penalty where juror takes gift, etc. 1194. Embracery; penalty therefor. 1195. Penalty for juror's non-attendance in special proceeding. 1196. Sheriff, etc., to keep jury in special proceeding; penalty. 1197. Notice of imposition of fine. 1198. Special return of delinquency and fine to county court. 1199. Collection or remission of fine. 1190. Trials by jury to be as herein provided; juries f part aliens abolished. A trial by a jury, of an issue of fact, joined in a civil action, in court of record, must be had, as prescribed in this chapter; exept in a case where it is otherwise specially prescribed by law. n alien is not entitled to a jury, composed in part of aliens or trangers, in an action or special proceeding civil or criminal. 2 R. S. 419, § 53 (2 Edm. 437), remodelled. § 1191. Venire not necessary. A venire to procure jurors cannot be issued in a civil action, ought in a court of record, except as specially prescribed by W. [d., 410, § 9 (2 Edm. 427). | 1192. Jurors not to be questioned for their verdict. A juror shall not be questioned, and is not subject to an acon, or other liability civil or criminal, for a verdict rendered by m, in an action in a court of record, or not of record, or in special proceeding before an officer, except by indictment, for rrupt conduct, in a case prescribed by law. R. S. 421, § 69 (2 Edm. 439). 1193. Penalty where juror takes gift, etc. A person, drawn or notified to attend, as a trial juror, in an tion in a court of record, or not of record, or in a special proeding before an officer, who takes any thing to render his verct, or receives, from a party to the action or special proceedg, a gift or gratuity, forfeits ten times the sum, or ten times e value of that, which he took or received, to the party to the tion or special proceeding, aggrieved thereby; and is also able to that party, for his damages sustained thereby; besides -ing subject to the punishment, prescribed by law. d., § 70. 1194. Embracery; penalty therefor. An embraceor, who procures a person, drawn or notified to atnd, as a trial juror, to take gain or profit, contrary to the st section, forfeits ten times the sum, or ten times the value that, which was so taken, to the party aggrieved thereby; and also liable to that party for his damages sustained thereby; -sides being subject to the punishment, prescribed by law. d., § 71, am'd. § 1195. Penalty for juror's non-attendance proceeding. in special A person, who has been lawfully and personally notified to attend, as a trial juror, to inquire into a matter or thing, or to hear and try a controversy, in a special proceeding, pending before a judge, justice of the peace, commissioner, or other officer, and who wilfully neglects to attend, as required by the notice. may be fined by the officer, in a sum, not exceeding twenty-five dollars. But this section does not extend to a case, where special provision is made by law, for punishing the default of & trial juror. 2 R. S. 551, § 4 (2 Edm. 572), extended. § 1196. Sheriff, etc., to keep jury in special proceeding penalty. A sheriff, constable, or other officer, who notified jurors to at tend, in a case specified in the last section, must, when directed by the officer, before whom the special proceeding is pending, at tend, and take charge of the jury. For a wilful neglect to ober such a direction, or for any misconduct, while attending the jury, by which a right or remedy of a party to the special pr ceeding may be impaired or prejudiced, he must be fined, by the officer, in a sum not exceeding twenty-five dollars. Id., § 5. § 1197. Notice of imposition of fine. Where a fine is imposed, in a case specified in the last two se tions, written notice thereof must be served upon the pers fined, to the end that he may apply to the officer imposing it, the remission of the whole or a part thereof, upon proof that had a reasonable excuse for his neglect or misconduct, or th other good cause exists for the remission.. Id., § 6, am'd. 1198. Special return of delinquency and fine to count court. If, within thirty days after the service of the notice, the f has not been remitted by the officer imposing it, he must maket special return of the delinquency or misconduct, for which the fine was imposed, and of the amount of the fine, accompanie with proof, by affidavit, of service of the notice specified in last section, to the next term of the county court of the count, in which the delinquent resides. Id., § 7, with an amendment requiring proof of service of the notice. 8.1199. Collection or remission of fine. The county clerk must deliver to the district-attorney, a cor of the return and of the affidavit, at the time when he delive to him copies of the minutes of fines, imposed by the courty court. The fine must be collected, or it may be remitted or duced, in the same manner as a fine imposed by the county con upon a defaulting trial juror. |