A new trial was moved for upon affidavit, that the jury took an Act of Common Council out with them, and that printed libels were spread against the defendant; and it was denied: for as to the first it differs from The Lady Ive’s case, where they took a map of one side, which was evidence on neither side : but this was an act of neither side, and evidence on both; but admitted to be irregular. Et per Holt CJ
So if a jury sat at their own charge, it is fineable, but that verdict shall stand ; otherwise if at the charge of one of the parties, and the verdict is found for him. Vide Mo 599.
Holt CJ
[1795] EngR 2290, (1795) 2 Salk 645, (1795) 91 ER 546 (D)
Commonlii
England and Wales
Updated: 05 September 2021; Ref: scu.354635