Page:United States Statutes at Large Volume 31.djvu/413

 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900. 36]. First. The plaintiff shall state briefly his cause of action, and the issue to be tried; the defendant shall then in like manner state his defense or counterclaim. Second. The plaintiif shall then introduce the evidence on his part, and when he has concluded the defendant shall do the same. Third. The arties may then respectively introduce rebutting evidence only, uniess the court, for good reason, and in furtherance of justice, (permit them to introduce evidence upon the original cause of action, efense, or counterclaim. Fourth. Not more than two counsel shall be allowed to address the jury on behalf of the plaintiff or defendant unless otherwise allowed by the court; and the court may limit the time to be consumed by counsel in arguing the cause to the jur . . Fifth. When the evidence is concludsed, unless the case is submitted to the jury on both sides without argument, the plaintiff shall commence and conclude the argument to the jury. If the plaintiff waive the opening argument, an the defendant then argue the case to the jury, the (p aintiif shall not be permitted to reply to the argument of the defen ant. Sixth. The court shall then charge the jury, and if either party require it, and shall at the commencement of the trial give notice of his intention so to do, the charge of the court, so far as it relates to the law and the facts of the case, shall be reduced to writing and given to the jury b the court as written, without any oral explanation. The charge, when reduced to writing, must be filed with the clerk. ‘ Sec. 188. Whenever, in the opinion of the court, it is roper that bewljém Tiview may the jury should have a view of real property which is the Subject of the ° °r° ' litigation, or of the placein which any material fact occurred, it may order the jury to be conducted in a body, in the custody of a proper oflicer, to the place, which shall be shown to them by the judge, or by a person appointed by the court for that purpose. While the jury are thus absent no person shall speak to them on any subject connected with the trial. . Sec. 189. The jurors may be kept together in charge of a proper, M¤¤¤<=r <>f k¤¤1>i¤8 officer, or may, in the discretion of the court, at any time before the mm submission of the cause to them, be permitted to separate; in either case they may be admonished by the court that it •is their duty not to converse with any other person, or among themselves, on any subject connected with the trial, or to express any opinion thereon, until the case is finally submitted to them. · Sec. 190. If, after the formation of the jury, and before verdict, awjghggwiijfcofmtggejgl juror becomes sick, so as to be unable to perform his duty, the courtP ` may order him to be discharged. In that case, unless the parties agree to proceed with the other jurors, a new juror may be sworn. an the trial may begin anew; or the jury may be discharged, as the court shall direct, and a new jury then or afterwards formed. Sec. 191. In charging the jury the court shall state to them all 'mat- ,u$`§¤e mms *0 the ters of law which it thinks necessary for their information in giving J " their verdict, but it shall not Ipresent the facts of the case, but shall inform the jury that they are the exclusive judges of all questions of fact. Sec. 192. After hearin the charge the `ury may either decide in How k¢P§ the jury box or retire fog deliberation. If they retire they must be g¢1i1ci¢ii0i¤Li»§iv§»$gi¤tlng' kept together in a room provided for them, or some other convenient place, under the charge of one or more officers, until they agree upon. their verdict or are discharged by the court. The officer shall, to the utmost of his ability, keep the jury thus together separate from other persons, without drink, except water, and without food, except ordered by the court. He must not suffer any communication to be made to them, nor make any himself unless by the order of the court, except to