dom done in the state courts, where the statutes generally require the judge, when so requested, to submit his instructions to the jury in writing. § 690. Conduct of jury-Verdict.-The rules regulating the conduct of the jury after they retire to deliberate upon their verdict and as to the manner of signing and returning the verdict into court are the same in criminal as in civil cases. The defendant has a right to demand that the jury be polled, which is done by calling each juror by name and asking him if the verdict signed by the foreman is his verdict. If any one of the twelve answers in the negative the whole jury are sent to their room for further deliberation. When it is returned into court the verdict is recorded by the clerk. § 691. Motion for new trial-Arrest of judgment -Execution.-After verdict the defendant may move for a new trial: (1) For newly-discovered evidence, when it is made to appear that the defendant by the exercise of due diligence could not have produced it at the trial, that the newly-discovered evidence is material and not merely cumulative, that is, tending to make further proof of a fact upon which some evidence was produced at the trial; (2) irregularity in summoning the jury; (3) misconduct of jurors; (4) tampering with jurors; (5) bias or hostility of jurors, which was unknown to defendant when they were accepted and sworn; (6) that the verdict. was contrary to evidence; (7) that the verdict was. contrary to law. If the motion for a new trial is denied, the defendant may move in arrest of judgment, and to sustain this motion he must show that there are defects in the record of the proceedings which are not cured by the verdict. If these motions are denied sentence is pronounced and the judgment of the court is executed, unless upon appeal or writ of error a higher court reverses the judgment. INDEX. [References are to sections.] Α ABATEMENT, pleading in, 554. ABDUCTION, 627. ABORTION, 625. ABSOLUTE RIGHTS, 40. ABUSE OF PROCESS, 303. ACCEPTANCE OF BILL OF EXCHANGE, 232. ACCESSORIES, 618. ACCOMPLICE, evidence of, 687. ACCORD AND SATISFACTION, 600. ADEQUACY OF CONSIDERATION, 252. ADMINISTRATOR, how appointed, 180. rights and duties of, 180. de bonis non, 180. with the will annexed, 181. promise under statute of frauds, 262. sales of land by, 180, 181. ADMIRALTY, origin and history, 582. jurisdiction, 583. procedure, 584. ADMISSIONS, when evidence, 565. ADULTERY, 626. as ground for divorce, 449. ADVANCEMENT, 601. [References are to sections.] ADVERSE POSSESSION, 147. deed of lands, so held, 160. ADVOWSON, 70. AFFRAY, 628. AGENT, contracts by, 206. who may be, 206. can not assume incompatible duties, 206. how appointed, 206. generally can not delegate authority, 206, 209. authority of, how ascertained, 207, 208. private instructions to, by principal, 208. acts in excess of authority, 208. declarations of, as evidence, 208. when authority ceases, 209. AIDS UNDER FEUDAL SYSTEM, 88, 100. AIDING AND COUNSELING IN CRIMES, 610. rights of, 22. contracts of, 195. ALLODIAL ESTATES, 83, 109. ALLUVIAL DEPOSITS, 60. AMBASSADORS, crimes of, 624. privilege from arrest, 296, 297. ANIMALS, injury to, 436. trespass on lands, 437. duty of owner at common law, 438. duty of owner in United States, 439. remedies for trespasses, 440. injuries by, when not trespassing on land, 441. vicious and dangerous, 441. owner's knowledge of danger, 442. ANTENUPTIAL AGREEMENTS, 132. APPEAL, 573. [References are to sections.] APPORTIONMENT OF RENT, 124. APPRENTICES, 471. APPURTENANCES, defined, 68. ARBITRATION, 599. ARGUMENTS OF COUNSEL, privilege of, 324. in civil cases, 568. ARMS, right to bear, 335. ARRAIGNMENT, 683. ARREST, privilege from, 296. for crime, 290, 668. warrant for, 669. by officer without warrant, 292, 671. by private person, 292, 672. upon hue and cry, 673. what officer may do in serving warrant, 293, 674. ARREST OF JUDGMENT, 571. ARSON, 629. ASSAULT, 281, 630. ability and intent to injure, 282. ASSAULT AND BATTERY (and see BATTERY), 281-288, 631. justification for, 286, 633. ASSAULT WITH INTENT, 632. ASSIGNMENT OF DOWER, 133. ASSIGNOR OF NEGOTIABLE INSTRUMENT, 236. ATTACHMENT, 595, 596. ATTEMPTS TO COMMIT CRIME, 609. ATTORNEY, fraud of, 361. at law and in fact, 206. in fact, deed by, 167. contingent fees of, 634. AUCTIONEER, 206. |