§ 307. Challenges in penal actions.-In a penal action to recover a sum of money 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 liable to pay taxes in a city, town or county which may be benefited by the recovery. [Code, § 1179, so far as it applies to justices' courts.] § 308. Challenges, how tried.-An objection to the qualifications of a juror is available only on a challenge. A challenge of a juror, or a challenge to the panel or array of jurors, must be tried and determined by the justice. His determination is subject to review on appeal. [Code, § 1180, first part.] de § 309. Juror's oath.-The justice must administer an oath or affirmation to each juror, well and truly to try the matter in difference between fendant, and, unless discharged by the justice, a true verdict to give, according to the evidence. [Code, § 2998, without change. -, plaintiff, and § 310. Jury to hear proofs.-After the jurors have been duly sworn, they must sit together and hear the allegations and proofs of the parties, which must be made publicly in their presence. [Code, § 2999, without change.] · § 311. Witness' oath.-A person offered as a witness must, before any testimony is given by him, be duly sworn, or affirmed, to the effect that the evidence which he shall give, relating to the matter in difference between -, plaintiff, and defendant, shall be the truth, the whole truth, and nothing but § 312. Witness refusing to be sworn; warrant thereon.-Where a witness attending before a justice in an action refuses to be sworn or affirmed in the form prescribed by law; or to answer a pertinent and proper question; or neglects or refuses to produce a book or paper which he has been duly subpoenaed to pro duce, as prescribed in section 250, or duly required to produce by an order made as prescribed in section 867 of the code of civil procedure; and the party at whose instance he attended makes oath that the testimony of the witness, or that the book or paper, is so far material that without it he cannot safely proceed with the trial of the action the justice may by warrant commit the witness to the jail of the county. [Code, § 3001, without change.] § 313. Contents of warrant; imprisonment of recusant witness. -The warrant must specify the cause for which it is issued. If it is issued for refusing to answer a question, the question must be specified therein; if for neglecting or refusing to produce a book or paper, the same must be described with convenient certainty. The recusant witness must be closely confined by virtue of the warrant until he submits to be sworn or affirmed, or to answer, or to produce the book or paper required, as the case may be; or is otherwise discharged according to law. [Code, § 3002, without change.] § 314. Adjournment thereon.-The justice must thereon from time to time at the request of the party in whose behalf the witness attended, adjourn the trial until the witness testifies, or produces the book or paper required, or dies, or becomes a lunatic, or is discharged according to law. [Code, § 3003, without change.] § 315. Ex parte aflidavit; when evidence.-An ex parte affidavit shall not be received in evidence upon a trial without the consent of both parties, except in a case where it is specially allowed by law. [Code, § 3004, without change.] § 316. When proof of corporate existence unnecessary. In an action brought by or against a corporation, the plaintiff need not prove on the trial the existence of the corporation, unless the answer is verified and contains an affirmative allegation that the plaintiff, or the defendant, as the case may be, is not a corporation. [Code, § 1776, without change.] § 317. Competency of witness; how determined.-An objection to the competency of a witness must be tried and determined by the justice. Where the ground of the objection depends on a matter of fact, evidence may be given thereon as on any other question of fact; except that if the witness is examined thereon by the party objecting no other testimony shall be received from either party as to his competency. [Code, § 3005, without change.] § 318. Constable to keep jury; his oath.-After hearing the allegations and proofs, the jury must be kept together in a private and convenient place, under the charge of a constable, until they agree on their verdict; and for that purpose the justice shall administer to the constable the following oath: "You swear in the presence of Almighty God, that you will, to the utmost of your ability, keep the persons sworn as jurors upon this trial together, in a private and convenient place, without any meat or drink, except such as shall be ordered by me; that you will not suffer any communication to be made to them, orally or otherwise; that you will not communicate with them yourself orally or otherwise, unless by my order, or to ask them whether they have agreed upon their verdict, until they are discharged; and that you will not, before they render their verdict, communicate to any person the state of their deliberations, or the verdict they have agreed upon." [Code, § 3006, without change, except the omission of the word "all" which is deemed unnecessary.] § 319. Rendition of verdict; plaintiff need not be called.-When the jurors have agreed on their verdict, they must publicly deliver it to the justice, who must enter it in his docket-book. It is not necessary to call the plaintiff before receiving the verdict; and the plaintiff cannot submit to a nonsuit or withdraw the action after the cause has been committed to the jury. [Code, § 3007, without change.] § 320. No verdict can be taken after a party's death. This chapter does not authorize the entry of a judgment against a party who dies before a verdict is actually rendered against him. In that case the verdict is absolutely void. [Code, § 765, without change, except to strike out the words. "report or decision," because not applicable to justices' court.] § 321. Jury, when to be discharged; new venire.-Where the justice is satisfied that the jurors cannot agree on a verdict, after having been out a reasonable time, he may discharge them and issue a new venire returnable within forty-eight hours; unless the parties consent, and their consent is entered in the justice's docket-book, that the venire be made returnable at a different time or that the justice may render judgment on the evidence already before him; which he may do in that case. [Code, § 3008, without change.] ARTICLE XII. JUDGMENTS. Section 330. Judgment by default. 331. Judgment on stipulation. 332. Judgment by confession. 333. Mode of confessing judgment. 334. Judgment by confession when void. 335. Judgment on counterclaim. 336. Affirmative relief. 337. Judgment where counterclaim only is interposed for less than plaintiff's claim. 338. Judgment when accounts exceed four hundred dollars. |