1778-11-18 (static/transcriptions/1778/11/054.jpg)
1778. 4 Term. [Wednesday] Nov. 18.
the Court said, Going on to Trial being once delay’d at the motion of the Defendant beyond the first Term after Issue Join’d, the Defendant can never afterward resort to that Rule to obtain Judgment as in Case of a Non-Suit, but must rely on the other Rule, and stay till three Terms are past without any Proceedings.
The Court was adjourn’d by the Cryer, in these words
“All manner of Persons who have any thing to do in the Supreme Court of Judicature at Fort William in Bengal, may depart hence”. “God Save the King and my Lords the King’s Justices.”
Judgment was given in the Course of this day, in Radacunt Chuckerbutty
v
Ramkissore Muckerjee
That the Judgment and Execution in this Cause, enter’d by Confession, was regular, and the Nisi for sitting them aside was discharged with Cost. We decided it cheifly on the Authority of the Case of Todd v Dodd 1st Wilson 312 better reported in Barnes’s Notes, page 48. Quarto Edition.
And it was determined in the Case of Doogaram Bose, Administrator v Ramchunder Paulit that an Administrator is not to pay Costs.