§ 1176. [Am'd, 1894.] Peremptory challenges in a civil action.

Upon the trial of an issue of fact, joined in a civil action in a court of record, each party may peremptorily challenge not more than six and in a court not of record each party may perempto.ily challenge not more than three of the persons drawn as jurors for the trial.

L. 1894, ch. 434.

1177. No challenge allowed because officer drawing is a party, etc.

It is not a good cause of challenge, to the panel or array of trial jurors, in an action in a court of record, that the officer who drew them is a party to, or interested in the action, or counsel or attorney for, or related to, a party. Edm. 437).

2 R. S. 420, § 56 (2

§ 1178. No challenge allowed because officer notifying Is a party, etc.

It is not a good cause of challenge to the panel or array of trial jurors, in an action in a court of record, that they were notified to attend by an officer, who is a party to, or interested in, the action, or related to a party; unless it is alleged in the challenge, and is established, that one or more of the jurors drawn were not notified, and that the omission was intentional.

Id., § 57.

§ 1179. [Am'd, 1903.] Challenges in penal actions. In an action, in a court of record, or not of record, wherein a city, town or county is a party, it is not a good cause of challenge to a trial juror, or to an officer who notified the trial jurors, that the juror or the officer is a resident of, or liable to pay taxes, in the city, town or county, which is a party to such action.

Id.. § 58. See, also, 2 R. S. 551, § 2 (2 Edm. 571); L. 1903, ch. 294. effect Sept. 1, 1903.

In

§ 1180. [Am'd, 1877, 1901.] Challenges how tried. Exceptions to and review of the determination of the court, in reference thereto.

An objection to the qualifications of a juror is available only upon a challenge. A challenge of a juror, or a challenge to the panel or array of jurors, must be tried and determined by the court only. Either party may except to the determination, and it may be reviewed, upon a question of fact, or a question of law, or both, as where an issue of fact presented by the pleadings is tried by the court; except that where one or more exceptions are taken, to the rulings of the court, made after the jury is empanelled, an exception to the determination of a challenge must be heard at the same time; and the case must contain the matters necessary to present it, upon the facts, or the law, or both. The fact that a juror is in the employ of a party to the action; or, if a party to the action is a corporation, that he is an employe thereof or a shareholder or a stockholder therein, shall constitute a good ground for a challenge to the favor as to such juror.

L. 1873, ch. 427, § 1 (9 Edm. 609), am'd. See § 992; L. 1901, ch. 243. In effect Sept. 1, 1901.

ARTICLE SECOND.

The verdict.

Sec. 1181. Discharge of jury failing to agree.

1182. Plaintiff caunot submit to nonsuit after jury retires.
1183. In an action to recover money, jury to assess damages.

1184. How double, treble, or increased damages, found and awarded.
1185. When verdict to be taken, subject to the opinion of the court.
1186. General and special verdict defined.

1187. General or special verdict, when rendered; special finding with general verdict.

1188. Special finding controls general verdict.

1189. Entry of verdict; subsequent proceedings.

§ 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 damages.

money, jury to assess

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 §§ 503 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: except in a case where the statute prescribes a different rule. The sum so found must be increased by the court, and judgment rendered 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 § 205, am'd. See § 1234, post.

§ 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, 1904.] 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 question 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 ap. pellate division or the court of appeals may direct such judgment thereon as either party may be entitled to.

Id., last paragraph of § 261; L. 1895, ch. 946; L. 1904, ch. 131. In effect March 28, 1904.

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 cas quires; and the direction, if any, which the court gives, respect to the subsequent proceedings. Upon the applicatio the party in whose favor a general verdict is rendered, the must enter judgment, in conformity to the verdict, unle different direction is given by the court, or it is other specially prescribed by law.

TITLE VI.

Miscellaneous provisions; including those relating to embracery, and other acts of

Sec. 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, ete.

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 tine.

1198. Special return of delinquency and fine to county court.
1199. Collection or remission of fine.

§ 1190. [Am'd, 1907.] Trials by jury to be as herein provided; juries of part aliens abolished.

A trial by a jury, of an issue of fact, joined in a civil action, in a court of record, must be had, as prescribed in this chapter; except in a case where it is otherwise specially prescribed by law. An alien is not entitled to a jury, composed in part of aliens or strangers, in an action or special proceeding civil or criminal. The court may, upon the application of either party, exclude from the court-room the jurors sitting in an action during the argument of a motion for non-suit, dismissal of the complaint or direction of a verdict.

2 R. S. 419. § 53 (2 Edm. 437), remodelled. L. 1907, ch. 502. In effect Sept. 1, 1907.

§ 1191. Venire not necessary.

A venire to procure jurors cannot be issued in a civil action, brought in a court of record, except as specially prescribed by law. Id., 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 action, or other liability civil or criminal, for a verdict rendered by him, in an action in a court of record, or not of record, or in a special proceeding before an officer, except by indictment, for corrupt conduct, in a case prescribed by law.

2 R. S. 421, § 69 (2 Edm. 439).

§ 1193. Penalty where juror takes gift, ete.

A person, drawn or notified to attend, as a trial juror, in au action in a court of record, or not of record, or in a special proceeding before an officer, who takes any thing to render his verdict, or receives, from a party to the action or special proceeding. a gift or gratuity, forfeits ten times the sum, or ten times the value of that, which he took or received, to the party to the action or special proceeding, aggrieved thereby; and is also liable to that party, for his damages sustained thereby: besides being subject to the punishment, prescribed by law.

Id., § 70.

§ 1194. Embracery: penalty therefor.

An embraceor, who procures a person, drawn or notified to attend, as a trial juror, to take gain or profit, contrary to the last section, forfeits ten times the sum, or ten times the value of that. which was so taken, to the party aggrieved thereby: and is also liable to that party for his damages sustained thereby, besides being subject to the punishment, prescribed by law. Id., § 71, am'd.