“These causes came before the court upon the following case agreed.

“The jury having found in favour of the plaintiff, see 3 Wash. C. C. Rep. 580, the defendant now moved the court for a re-trial of the issue upon the following grounds: 1. That the jury, before they had agreed on a verdict, ate and drank at the expense of the plaintiff in whose favour they found, without the leave of the court. 2. That one of the jurymen did not, in reality, agree to the verdict, but assented in order to get discharged; and being told that the court would keep the jury together till they did agree.

“Ejectment for a part of a certain tract of land lying in the county of Morris, called the Bog or Fly Meadow. The cause came before the court upon a demurrer to the evidence, taken by the defendant, and joined by the lessor of the plaintiff.