Page:United States Statutes at Large Volume 47 Part 1.djvu/981

 72d C ONGRESS. SESS. II. CH. 127 . FEBRUARY 27, 1933 . 957 . 4. When the evidence is concluded, unless the case is submitted to the juty on eith er side or on both sides without argument, the plaintiff must commen ce and may conclude the argument ; 5 . I f severa l defend ants, ha ving sepa rate def enses, a ppear by, dif- ferent counsel, the court must determine their relative order in the evidence and argument ; 6. The court may then charge the jury. SEC. 286. CHARGE TO THE JURY ; COURT MUST FURNISH, IN WRITING, wnt equoire the Jury ; UPON REQUEST, THE POINTS OF LAW CONTAINED THEREIN .-In charging the jury the court may state to them all matters of law which it thinks necessary for their information in giving their verdict ; and, if it state the testimony of the case, it must inform the jury that they are the exclusive judges of all questions of fact. The court must furnish to either party, at the time, upon request, a statement in writ- ing of the points of law contained in the charge, or sit, at the time a statement of such points prepared and submitted by the counsel of either party. SEC. 287. SPECIAL INSTRUCTioNs .-Where either party asks special Special instructions. instruc tions to be given to the Jury, th e court must eit her give such instruction, as requested, or refuse to do so, or give the instruction with a mod ificat ion, in su ch ma nner t hat i t may disti nctly appe ar what instructions were given in whole or in part. SEC. 288. VIEW BY JURY OF THE PREMISES .-When, in the opinion View of premises by of the court, it is proper for the jury to have a view of the property jam. which is the subject of litigation, or of the place in which any ma- terial fact occurred, it may order them to be conducted, in a body, under the charge of an officer, to the place, which shall be shown to them by some person appointed by the court for that purpose. While the jury are th us absent, no person, other than the person so appointed, shall speak to them on any subject connected with the trial. SEC. 289. ADMONITION WHEN JURY PERMITTED To SEPARATE.-If the Admonition on sep. jury are permitted to separate, either during the trial or after the aration of jury. case is submitted to them, they shall be admonished by the court that it is their duty not to converse with, or suffer themselves to be addressed by any other person, on any subject of the trial, and that it is their duty not to form or express an opinion thereon until the case is finally submitted to them. SEC. 290. JURY MAY TAKE WI TH TtisM CERTAIN PAPERS .-Upon npo pers si may take retiring for deliberation the jury may take with them all papers whic h have b een recei ved as e vidence in the c ause, ex cept dep ositions or copies of such papers as ought not, in the opinion of the court, to be taken from the person having them in possession ; and they may also take with them notes of the testimony or other proceedings on the trial, taken by. themselves or any of them, but none taken by any '1 other person. SEC. 291. DELIBERATION OF JU RY HOW CONDUCTED.--When the case Deliberation of Jmy. is f inally s ubmitted to the j ury, thh ey may d ecide in court o r retire for deliberation ; if they retire, they must be kept together in some convenient place, under charge of an officer, until at least three- fourths of them agree upon a verdict or are discharged by the court. Unless by order of the court, the officer having them under his charge must not suffer any communication to be made to them, or make any himself, except to ask them if they or three-fourths of them are agreed upon a verdict, and he must not, before their verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon. SEC. 292. MAY COME INTO COURT FOR FURTHER INSTRUCTIONS .-After fnr thu ur nsttoo n court for the jury have retired for deliberation, if there be a disagreement