
    HATTIE I. ROBERTS, Respondent, v. MICHAEL BOWER, Appellant.
    3 B. 8. (5th ed), 467, § 16 — effect of giving instructions to jury on Sunday.
    
    Upon the trial of this action the case was submitted to the jury and they retired on Saturday. On Sunday they came into court, said they had not agreed, and requested the court to instruct them as to the law on a point of evidence. The court then charged and instructed them as requested, no objection being-made by the defendant. The jury then retired and agreed on their verdict. The defendant claimed that the charge and instruction given to the jury on Sunday were a violation of the provisions of 3 Revised Statutes (5th ed.), 467, section 16, which provides that no court shall be opened or transact any business on Sunday, unless it be for the purpose of receiving a verdict or discharging a jury; and that the verdict should be set aside. Held, that the charge to the jury was like any other unauthorized communication, and that the parties, by consenting to it, waived any objections thereto.
    Appeal from an order made at the Special Term, denying a motion for a new trial made upon a case and exceptions.
    
      Wakeman c& Watson, for appellant. II. D. Tucker, for respondent.
   Opinion by

Meewin, J.

Present • — ■ Smith, P. J., Gilbeet and Meewin, JJ.

Order affirmed.  