358 FIFTY-SIXTH CONGRESS. Sess. I. Ch. 786. 1900.
- 00 0* *““’· Sec. 164. An issue of law arises upon a demurrer to the complaint,
f answer, or reply, or to some part thereof.
- 0000 0* ***0*- Sec. 165. An issue of fact arises-
First. Upon a material allegation in the complaint controverted by the answer; or, Second. Upon new matter in the answer controverted by the reply;- or, ··’ Third. Upon new matter in the reply, except an issue of law is joined thereon. mjvvijgjji ggghlgssge of Sec. 166. Issues both of law and of fact may arise upon diiferenttparts sup of im to be iam of the pleadings in the same action. In such cases the issues o law '·“°“· shall be first tried, unless the court otherwise direct. 'FSiS*dS¤¤Sd· Sec. 167. A trial is the judicial examination of the issues between the parties, whether they be issues of law or of fact. ISS¤SS· SSW "*Sd· Sec. 168. An issue of law shall be tried b the court, unless referred as provided in chapter twenty. An issue ofy fact shall be tried by a jury, unless tried by the court or referred as provided in chapters nineteen and twenty. _ _ m*;*{’*{§,§ f,%gj,*§,§§0‘},‘} Sec. 169. A motion to postpone a trial on the ground of the absence sbsemevidence. of evidence shall only be made upon affidavit showing the materiality of the evidence expected to be obtained, and a statement of facts showing that due di igence has been used to procure it, and also the name and residence of the witness or witnesses. The court may also require the moving party to state upon aflidavit the evidence which he expects to obtam, an if the adverse party thereupon admit that such evidence would be given, and that it be considered as actually given on the trial, or offered and overruled as improper, the trial shall not be postponed. The court, when- it allows the motion, may impose such conditions or terms upon the moving party as may be just. Cmmnn Sixrnnn. on THE FonMAT10N on Tnn JURY. Sec.-Sec. 170. Trial jurors, how selected. 180. Number of challenges. 171. Formation of jury. · 181. First challenge taken by defendant; 172. No challenge manel. when taken. 173. Peremptory c enge defined. 182. Order of taking challenges. 174. Challenge for cause defined. 183. Trial of challenge. 175. General causes of challenge. 184. Proceedings in evidence on trial of 176. Particular causes of challenge. challenge. 177. Challenge for implied bias. 185. Challenge may be oral. 178. Challenge for actual _ j 186. Oath of jury. 179. Exemption from service on jury. s_,,j*;,Q*§‘,Qd_ *“'°"· *‘°“' Sec. 170. J urors for the trial of issues of fact in the district of Alaska shall be selected and summoned in the manner prescribed by the laws of the United States with res act to jurors of the United States district and circuit courts, and shall have the same qualifications and be entitled to the same exempltions as are provided by law in the case of grand juries to serve in the district, it being the true intent and meaning of this section that but one jury shall be summoned for the trial of all actions, civil and criminal, triable by the district court of the district. FS¤¤¤¤°¤ of im'- Sec. 171. Trial juries in civil actions shall be formed as follows: When the action is called for trial, the clerk shall draw from the trial jury box of the court, one by one, the ballots containing the names of the jurors until the jury is completed or the ballots are exhausted. If the ballots become exhausted before the jury is complete, the marshal, under the dH*ection of the court, shall summon from the bystanders, or the body of the district, as the court may direct, so many qualified persons as may be necessary to complete the jury. Whenever, as in this section provided, the marshal shall summon more than one person
