1778-01-22 (static/transcriptions/1778/01/018.jpg)

1778. 1 Term. [Thursday] Jan: 22.

Trial, but that the Record should be withdrawn, without payment of Costs.
Impey, said. The Rule is wrong drawn: it is grounded only on a Certificate of a discontinuance being enter’d, the Rule therefore ought to have been drawn for payment of the Costs of the discontinuance; that is the costs of the Plaint, and Pleadings, and the Record: Costs of not going on to Trial, or of the day, or for withdrawing the Record; are the Costs of Witnesses summoned, briefs deliver’d, Fees to Council, and the like: Costs incurr’d, includes both, and therefore, this Rule must be discharged, as to all other costs, and made absolute as to the Costs of the Discontinuance. Mr. Sealey had no affidavit in support of his Allegation of the agreement of Mr. Newman and therefore did not strenuously oppose, the Rule now made, though he said he understood the agreement to be that no Costs should be paid, by the Plaintiff.
The above Cause was
Rada Cunt Gose
v
Gunga Govind Sing,
and was in truth defended by the Company,
/ the