1779-10-23 (static/transcriptions/1779/10/003.jpg)

1778. 4 Term. Saturday Oct. 23.

In the Supreme Court of Judicature at Fort William in Bengal.
Saturday Oct. 23d 1779.
Present
Mr. Justice Hyde.

[Triple Line]
In an Ejectment Cause, Mr. Newman moved that the Tenant in Possession might appear and defend his title instead of Henry Robinson who is the Cryer of the Court, and is by Rule of Court always named as Defendant in the first plaint in Ejectment instead of a fictitious Person, as is the Practice in England. He moved also that the Tenant in Possession might be admitted to Plead that he was not subject to the Jurisdiction, as well as confess lease entry and ouster, and defend his title, in Case the Court determined the [ILL] to the Jurisdiction against him.
[he?] said, before that could be granted, the usual Terms must be complied with, of satisfying the Court by affidavit, that the Man who desired to be admitted to [ILL] was in truth the Tenant in possession, else it would be easy for every [ILL] who get a wrongful possession, and
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