MISBEHAVIOUR

Improper or unlawful conduct. 2. A party guilty of misbehavior; as, for example, to threaten to do injury to another, may be bound to his good behavior and thus restrained. See Good Behavior. 3. Verdicts are not infrequently set aside on the ground of misbehavior of jurors; as, when the jury take out with them papers which were not given in evidence, to the prejudice of one of the parties. When they separate before they have agreed upon their verdict. When they cast lots for a verdict; 2 Lev. 205; or, give their verdict because they have agreed to give it for the amount ascertained by each juror putting down a sum, adding the whole together, and then dividing by twelve the number of jurors, and giving their verdict for the quotient. 4. A verdict will be set aside if the successful party has been guilty of any misbehavior towards the jury; as, if he say to a juror, I hope you will find a verdict for me; or the matter is clearly of my side.