Cunningham, 8 Abb. 1: Cobb v. Cornish, 15 How. 407; Sackett r. Spencer, 29 Barb. 186; Purchase v. Matteson, 25 N. Y. 211; 15 Abb. 402; Dickerson v. Wason, 48 Barb. 412; Purchase v. N. Y. Exch. B'k, 10 Bosw. 564.

§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(1) is one, by which the jury finds the facts only, leaving the court to determine, which party is entitled to judgment thereupon.

Co. Proc., 260. (1) Carr v. Carr, 52 N. Y. 251; Jones v. Brooklyn Life Ins. Co., 61 1d. 79; Sisson v. Barrett, 2 id. 406; Hill v. Covell, 1 id. 522; Langley v. Warner, 3 id. 329; Barto v. Himrod, 8 id. 483; Williams v. Jackson, 5 Johns. 502; Williams v. Willis, 7 Abb. 90; Manning v. Monaghan, 23 N. Y.539; Gardner v. Clark, 21 id. 399; Eisemann v. Swan, 6 Bosw. 669.

§ 1187. 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 a special verdict, in its discretion.(1) 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.(2)

Id., last paragraph of 261. (1) See Underwood v. People, 20 Am. Rep. 633. (2) See Griswold v. Dexter, 62 Barb. 648.

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. U. S. Trust Company v. Harris, 2 Bosw. 75: Baker v. Rand, 13 Barb. 153; Fraschiers v. Henriques, 6 Abb. N. S. 251.

$ 1189. [Amended, 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 wit

nesses; the verdict, or the questions and findings thereupon, as the case requires; and the direction, if any, which the court gives, with respect to the subsequent proceedings. Upon the application of the party in whose favor a general verdict is rendered, the clerk must enter judgment, in conformity to the verdict, unless a different direction is given by the court, or it is otherwise specially prescribed by law.

Co. Proc., part of 3 261. Warner v. N. Y. C. R. R. Co., 52 N. Y. 437; Griswold v. Dexter, 62 Barb. 648; Cobb. v. Cornish, 16 N. Y. 602; s. c., 6 Abb. 129; and 15 How. 407; Smith e. Coe, 7 Rob. 477.

TITLE VI.

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

BEC. 1190. Trials by jury to be as herein provided; Juries of part allens abolished.

1191. Venire not necessary.

1192. Jurors not to be questioned for their verdict.

1193. Penalty where Juror takes gift, etc.

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 fine.

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

§ 1190. 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.

2 B. S. 419, 53 (2 Edm. 437), remodelled.

§ 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, etc. A person, drawn or notified to attend, as a trial juror, in an 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., 270.

§ 1194. Embracery; penalty therefor. An em braceor, 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,

1

$1195. Penalty for juror's non-attendance in special proceeding. A person, who has been lawfully and personally notified to attend, as a trial juror, to inquire into a matter or thing, or to hear and try a controversy, in a special proceeding, pending before a judge, justice of the peace, commissioner, or other officer, and who wilfully neglects to attend, as required by the notice, may be fined by the officer, in a sum, not exceeding twenty-five dollars. But this section does not extend to a case, where special provision is made by law, for punishing the default of a trial juror.

Id., 55), 4 (2 Edm. 572), extended.

§ 1196. Sheriff, etc., to keep jury in special proceed. ing; penalty. A sheriff, constable, or other officer, who notified jurors to attend, in a case specified in the last section, must, when directed by the officer, before

whom the special proceeding is pending, attend, and take charge of the jury. For a wilful neglect to obey such a direction, or for any misconduct, while attending the jury, by which a right or remedy of a party to the special proceeding may be impaired or prejudiced, he must be fined, by that officer, in a sum not exceeding twenty-five dollars.

2 R. S. 551, 5.

1197. Notice of imposition of fine. Where a fine is imposed, in a case specified in the last two sections, written notice thereof must be served upon the person fined, to the end that he may apply to the officer imposing it, for the remission of the whole or a part thereof, upon proof that he had a reasonable excuse for his neglect or misconduct, or that other good cause exists for the remission.

Id., 6, am'd.

§ 1198. Special return of delinquency and fine to county court. If, within thirty days after the service of the notice, the fine has not been remitted by the officer imposing it, he must make a special return of the delinquency or misconduct, for which the fine was imposed, and of the amount of the fine, accompanied with proof, by affidavit, of service of the notice specified in the last section, to the next term of the county court of the county, in which the delinquent resides. Id., 7, with an amendment requiring proof of service of the notice.

1199. Collection or remission of fine. The county clerk must deliver to the district-attorney, a copy of the return and of the affidavit, at the time when he delivers to him copies of the minutes of fines, imposed by the county court. The fine must be collected, or it may be remitted or reduced, in the same manner as a fine imposed by the county court, upon a defaulting trial juror.

Id., &

TITLE III. — VACATING OR SETTING ASIDE A JUDGMENT, FOR IRREGULARITY OR ERROR IN FACT.

TITLE I.

Judgment in an action.

ARTICLE 1. General provisions.

2. Mode of taking, entering, and enforcing a judgment.

3. Docketing a judgment; effect thereof, as a lien upon real property; suspending and discharging the llen; satisfaction and assignment of a judgment.

ARTICLE FIRST.

GENERAL PROVISIONS.

SEC. 1200. Definition of judgment.

1202. When judgment may be entered.

1203. Judgment to be entered at a term held by one judge.
1204. Judgment may be for or against any of the partles.

1205. When a several Judgment may be taken.

1206. Judgment for or against a married woman.

1207. When Judgment for plaintiff not to exceed judgment demanded.

1208. Rate of damages.

1209. Effect of judgment dismissing the complaint.

1210. Judgment against a dead person.

1211. Judgment to bear interest.

§ 1200. [Amended, 1877.] Definition of judgment. A judgment is either interlocutory or the final deternination of the rights of the parties in the action.

Co. Proc., 245, am'd. Pearson v. Lovejoy, 53 Barb. 407; Morris v. Morange, 38 N. Y. 172. See note to 400, Voorhies' Code.

§ 1201. [Repealed, 1877.]

§ 1202. When judgment may be entered.-Judgment may be entered in term or vacation.

L. 1840, ch. 386, 23 (4 Edm. 691).