The mere fact of a jury being informed by the attending officer, as ordered by the court, that (for supposed inability to agree) they were all discharged from the further consideration of the case, and two of them (on account of sickness) from any further service, will not vitiate a verdict upon which they afterwards agree.
The facts on which a motion for a nexT trial is based should be settled at the trial term.
STANLEY, J.
There is no cause for a new trial. Nims v. Bigelow, 44 N.H. 376, 380-382; The King v. Woolf, 1 Bennett Heard Ld. Cr. Cases (2d ed.) 496. The case should not be so amended as to bring the evidence to the law term. The facts on which a motion for a new trial is based should be settled at the trial term.
Judgment on the verdict.
BINGHAM, J., did not sit.