5. If several defendants, having separate defences, appear by different counsel, the court must determine their relative order in the evidence and argument:

6. The court may then charge the jury.

The length to which trials are now protracted is a matter of great and just complaint. The remedy lies chiefly with the courts. If they would adhere inflexibly to the rule, that a question once decided shall not be debated anew; and would stop the examination of a witness when he has been already sufficiently examined, a vast deal of time might be saved. It is a rule in the English courts, and in the courts of some of our states, that a counsel shall stand while he is examining a witness. The same rule would be useful here. As trials are now sometimes conducted, the counsel sits leisurely in his seat, writing down at length all the questions and answers, and the court meeting at ten and adjourning at three, a single witness remains under examination from day to day, and the trial lasts for weeks, when it should be ended in as many days.

By a provision in another place, we propose that counsel shall be limited in their arguments to a fixed time. With resolution on the part of the courts, and a few rules, such as they should adopt, we are persuaded that more than half the time now spent in trials might be saved.

§ 775. Whenever, in the opinion of the court, it is proper that the jury should have a view of real property which is the subject of the litigation, or of the place in which any material fact occnrred, it may order the jury to be conducted in a body, in the custody of proper officers, to the place, which will 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, other than the judge or person so appointed,

must speak to them on any subject connected with the trial.

§ 776. The jurors may be kept together in charge of proper officers, or may, in the discretion of the court, at any time before the submission of the cause to the jury, 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 tthemselves, on any subject connected with the trial, or to form or express any opinion thereon, until the cause is finally submitted to them.

§ 777. If, after the impaneling of the jury, and before verdict, a juror become sick, so as to be unable to perform his duty, the court may order him to be discharged. In that cese a new juro may be sworn, and the trial begin anew, or the jury may be discharged, and a new jury then or afterwards impanelled.

§ 778. In charging the jury, the court must state to them all matters of law which it thinks necessary for their information in giving their verdict; and if it present the facts of the case, it must also inform the jury that they are the exclusive judges of all questions

of fact.

§ 779. After hearing the charge, the jury may either decide in court, or retire for deliberation. If they retire, they must be 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 must, 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 order of the court, except to ask them if they have agreed upon their verdict, and he must not, before the verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed on.

§ 780. If, while the jury are kept together, either during the progress of the trial or after their retirement for deliberation, the court order them to be provided with suitable and sufficient food and lodging, they must be so provided by the sheriff, at the expense of the county, or if the trial be in a city court, at the expense of the city.

§ 781. 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, 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 other person.

§ 782. After the jury have retired for deliberation, if there be a 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 may require the officer to conduct them into court. Upon their being brought into court, the information required must be given, in the presence of, or after notice to the parties or counsel.

§ 783. Except as provided in sections 777 and 786, or in case of some accident or calamity, requiring their discharge, the jury cannot 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 deem proper, it satisfactorily appear, that there is no probability of an agreement.

§ 784. In all cases where a jury are discharged, or prevented from giving a verdict, by reason of accident or other cause, during the progress of the trial, or after the cause is submitted to them, the action may be again tried, immediately, or at a future time, as the court directs.

§ 785. While the jury are absent, the court may adjourn from time to time, in respect to other business; but it is nevertheless to be deemed open, for every purpose connected with the cause submitted to the jury, until a verdict is rendered or the jury discharged. A final adjournment of the court discharges the jury.

§ 786. When the jury have agreed upon their verdict, they must be conducted into court by the officer having them in charge. Their names must then be called; and if all do not appear, the rest must be discharged without giving a verdict.

§ 787. If the jury appear, they must be asked by the court or the clerk, whether they have agreed upon their verdict; and if the foreman answer in the affirmative, they must, on being required, declare the same.

§788. When a verdict is rendered, and before it is recorded, the jury may be polled on the request of either party; for which purpose each juror must be asked whether it be his verdict; if any one answer in the negative, the jury must be sent out for further deliberation. If the verdict be informal or insufficient, it may be corrected by the jury under the advice of the court, or the jury may be again sent out.

§ 789. When the verdict is given, and is such as the court may receive, the clerk must immediately record it in full in the minutes, and must read it to the jury and inquire of them whether it be their verdict. If any juror disagree, the fact must be entered in the minutes, and the jury again sent out; but if no disagreement be expressed, the verdict is complete, and the jury must be discharged from the case.