1778-08-11 (static/transcriptions/1778/08/007.jpg)

1778. Sittings. [Tuesday] August 11th

Mr. Newman, Moved to make absolute a Rule made in last Term, on July 7th for Publication to pass, of Witnesses examined by the Plaintiff to prove the Defendant subject to the Jurisdiction.
Mr. Sealey, Shew’d for Cause, that a Commission had been sued out to examine Witnesses for the Defendant at Moorshedabad, but was return’d unexecuted because the Witnesses refused to be sworn before the Commissioners. Since that, there had been some delay on the part of the Plaintiff, because that return had been made two Months, and nothing had been done by taking out New Sub-Poena’s to compel their attendance.
Chambers inclined to made a peremptory Rule for Publication to pass the fourth day of next Term, but I thought as they had once not attended, they might again refuse to swear, and that therefore it was better to enlarge the Rule to the fourth day of next Term, that they might if occasion required apply again, and get attachment against them, and by that compel them to give Evidence. The Rule was inlarged.