Read’s Notebook, 3.[*]
Supreme Court of Delaware.
November 3, 1793.
[*] This case is also reported in Wilson’s Red Book, S.
Motion for a new struck jury but withdrawn by consent.
Bayard, counsel for [___],[1] said the former Chief Justice had said he knew of no rule of practice, “that had been established by our courts, but this, that a struck jury should continue until a new application,” to which the CHIEF JUSTICE READ replied, “I have heard the former Chief Justice complain that the struck juries stood too long, and I am of opinion if they stand longer than one term, it is by agreement.”
[NOTE.] It is the law in England, vide 1 Term 453.[1] Blank in manuscript.