
    HANCE et al. against DEKLYNE.
    ON OEETIOEAEI.
    Justice may not privately converse with a jury after they retire.
    
    The reason assigned for the reversal of the judgment of the justice, was, after that the jury had retired to their room to consider of their verdict, the justice before whom the cause was tried went into the room and conversed with the jury on the subject of the cause for a considerable time. This fact was fully made out.
    
      
       But see Cook v. Green, 1 Halst. 109.
      
    
   By the Court.

This was very regular and improper conduct on the part of the justice. If the jury wished to consult with the justice, or receive instruction or information from him, they ought to have come into court and done it publicly. We think that a judgment obtained under such circumstances, ought to be reversed.

Judgment reversed.

Cited in N. J. R. R. & Tr. Co. v. Suydam, 2 Harr. 25 and, 42.  