Whenever a justice shall be satisfied that a jury, sworn in any civil cause before him, having been out a reasonable time, cannot agree on their verdict, he may discharge them, and issue a new venire, unless the parties consent that the justice may render judgment on the evidence before him, or upon such other evidence as they may produce.

[Code 1881 § 1778; 1873 p 348 § 77; 1854 p 236 § 78; RRS § 1855.]