1778-07-20 (static/transcriptions/1778/07/038.jpg)

1778. Sittings. [Monday] July 20.

cause was made, the usual practice was to make it absolute, on affidavit of service of the rule, if no cause was shewn against it. He said we had some times had the affidavits read, that we might recollect and reconsider the ground on which it had been made. On looking into the affidavit it appear’d insufficient it being only an affidavit by the Attorney that he had heard and beleived from his Client the Defendant, that a certain person by name, was a material Witness, but that he could not be here till next Term. This affidavit I determined to be insufficient, while Chambers was absent up stairs for a few minutes, and discharged the Rule, and during the same interval of his absence, on the motion of Mr. Morse, and the Consent of Mr. Sealey I granted a Rule to put off the cause untill next Term, on the condition of the Defendant paying costs. When Chambers return’d I told him what was done, and he assented.