“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.

“The court having directed this cause to be docketed at the last term, a motion was now made by the counsel for the plaintiff to remand it to the supreme court of this state, from which it had been removed under the twelfth section of the judiciary act of 1789, ch. 20. The ground of the motion was, that the state of New Jersey being a party to the suit, this court cannot entertain jurisdiction of the cause as to her, and has no power to remand the cause in part, and to retain ft for trial here in respect to the title of Gale, the other lessor of the plaintiff.”

“Rule obtained by the plaintiff to show cause why the record in this suit should not be remanded to the state court, from which it was sent to this. This was, a writ of ejectment, brought under the act of assembly of this state, passed the 21st of March 1806, 4 Smith, 332, and the supplement thereto, 4 Smith, 476, by the plaintiff, against Seymour Spafford, the tenant in possession, for a tract of land in the county of Wayne.

“This was an action on the case brought to recover a balance due upon a judgment entered in the court of exchequer in Ireland, upon a bond and warrant of attorney to confess judgment, and also the amount of a note of hand for £300 sterling, which, by a settled account between the parties, it was agreed was to be paid out of the proceeds of a certain copper mine, in which these parties and others were concerned.

“This was an action to recover upwards of $2,000, being so much paid by the plaintiff for freight, shipping charges, duty, charges of importation, appraisement, land carriage to Boston, law and other expenses, on certain goods shipped at St John’s in New Brunswick, in December 1813, for account of the defendant, in the schooner George, and consigned to the plaintiff to forward to the defendant, residing in Philadelphia.

“This was an action to recover the quarter-interest payable the 1st of October 1816, on $125,000, six per cent, funded stock of the United States, with interest from the 2d of October 1816, when it was received by the defendant, The declaration contained two counts, one upon a special agreement, which was fully proved by Mr Jones, and the other for money had and received to plaintiff’s use.

“Action on a promissory note for $1519, given by the defendant to the plaintiff. The defendant gave in evidence two recognizances entered into by one Ege to the defendant in the orphan’s court, with a special assignment, entered upon the records of that court, to the plaintiff, in August 1821, to be held by the said Kemmil as collateral security for the debt due by the said Wilson to him, to be collected by Kemmil, as he may think proper; and the balance due upon the recognizances, after discharging the said debt, to be paid by the said Kemmil to the said Wilson.”

“After, the discharge of the two former rules, ante 317, Phillips entered a rule upon the plain tiff to show cause, why proceedings should not be staid on the bail bond, on payment of costs, and confession of judgment by the principal. He contended that, after assignment of the bail bond, the court will stay proceedings against the appearance bail on payment of costs, confessing judgment, and putting in and perfecting bail, as the court decided on one of the former rules.