1778-07-20 (static/transcriptions/1778/07/037.jpg)

1778. Sittings. Monday July 20.

Monday July 20th 1778.
Present
Sir Robert Chambers
&
Mr. Justice Hyde.

[Triple Line]
Mr. Morse, Moved in the Cause of
Mary Ables
v
Durgachurn Bose.
to make absolute a Rule granted in last Term Sat: July 11th to put off the Trial of this Cause till next Term on the absence of a material Witness, and he produced an affidavit of Service of the Rule that the cause should be put off Nisi Causa, and no Cause has been shewn, though the day for shewing cause is past. Chambers call’d for the affidavit on which the Rule was granted, for he said Rules to shew cause were some times granted without much regarding whether the grounds for granting the Rule were fully sufficient, because if Cause were shewn it would be the business of the Advocate of the Plaintiff to point out the insufficiency of the Affidavit, as cause against granting the Rule absolute. I said, when a rule to shew
/ cause