1778-01-29 (static/transcriptions/1778/01/031.jpg)

1778. 1 Term. Thursday Jan: 29th.

Thursday Jan: 29th 1778.
Present
Impey & Hyde.

[Double Line]
Nauderah Baigum
v
Bahaudur Baig & al.

Mr. Lawrence, Now again moved in this Cause which he moved in on Wed: Jan: 21st and then made a different Motion: His Motion now was, that the names of the two of the Defendants who were not actually arrested might be struck out of the bail bond, and that bail to the Court for the other two only, who had actually been taken might be received. He moved on an affidavit sworn by Savory the Bailiff who was sent with the warrant, stating that he had arrested two of the Defendants only, and could not find the other two: That he inform’d the Cheif and Council of Patna, who desired to give bail only for the two who were taken, that he must have bail for all or none. That that was the reason that they gave bail for all.

Impey. The affidavit is not so full as probably it might: There is a material circumstance which is not disclosed, whether the
/ Writ