Bayard said the former Chief Justice said he knew of no rule of practice that was 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 the opinion if they stand longer than one term it is by agreement.”

N.B. It is the law in England, vide 5 Term 453.