1779-11-08 (static/transcriptions/1779/11/007.jpg)

1779. 4 Term. [Monday] Nov. 8.

part of the last Term past, without any Motion of this kind, which ought to have been made, within the Six Days after the answer filed, which Six days are the time allow’d by the Rules of this Court for filing Exceptions, or at the latest, this application ought to have been made to the Court in last Term, and not having been so, it now comes too late.
Mr. Newman said the Court had refused the like Motion last Term in the Case of Evans v Livius, although by Consent a Rule to admit the Exceptions was afterward made in the last Term.
Note. Mr. Jackson says the Rule by Consent was made July 12th 1779, but that no other application for such a Rule is enter’d in his Book, nor is it usual to mention in his Book any motion which is not granted, for on such no Rule is made.
The Court, Chambers and Hyde, agreed without any doubt, that the Rule ought to be made absolute, and the Exceptions admitted, because it appear’d to us that no time had been lost wilfully, but that
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