SUPREME COURT.

Evening Star, Volume IX, Issue 2566, 9 May 1871, Page 2

SUPREME COURT.

May 8. (Before Mr Justice Chapman.) IN BANCO, GREAT EXTENDED COMPANY V. HALES AND ANOTHER, Ou the application of Mr Macassey, the fresh trial of this case was set down for the June sittings. His Honor observe 1 that it might be some satisfaction to counsel to know that when he discharged the jury yesterday he did so with some hesitation; he however took upon himself the responsibility' of discharging them on Sunday' morning, instead of keeping them locked up till Monday. He had looked up the cases cited in Windsor v. The Queen, which was cited as an .authority for the power of the Court to take a verdict ou Sunday. He found, however, that the case did not decide that point. It chayly shewed that the t king of a verdict is a judicial act —the distinction seemed to he between an act which required to be done and recorded in Court, and an act which might be done by the jud.'c at his own lodgings. In Morris v. ■ avis, 3 C. and F., the facts were precisely similar to those in the present case. The jury were locked up at two o’clock on Saturday afternoon ; there was prospect of their agreeing, and at nine o’clock eu Sunday morning the judge sent for them at his own lodgings, and then discharged them, counsel not agreeing to the discharge.