Whenever the magistrate is satisfied that a jury cannot agree upon a verdict in the manner provided by law after a reasonable time, or, in the exercise of his discretion the magistrate determines that some necessity exists for discharge of the jury, he may discharge it and summon a new jury unless the parties agree that the magistrate may render judgment. History: 1953 Comp., § 36-10-5, enacted by Laws 1968, ch. 62, § 112; 1975, ch. 242, § 8.