1780-07-17 (static/transcriptions/1780/07/022.jpg)

1780. 3 Sittings. [Monday] July 17.

are now ready on both sides, might probably, many of them, be dead, before that time, and that would be a great inconvenience, to that Party whose Witnesses happen’d to be dead, if it should happen that such judgment for the Defendant on the Plea to the jurisdiction should be reversed. We call on the Advocate for the Defendant to know if he will consent in this Case because my Brother Chambers, has some doubt of the regularity of our Proceeding to the Trial of the General Issue without Consent.
Mr. Newman. I have no objection to our Proceeding to the Trial of the Plea to the Merits, provided it is understood that nothing which may come from the Witnesses on that Issue, shall be applied to the Issue on the jurisdiction, and provided the Plaintiff shall not be allowed to say; we have now on this second Issue proved when the Cause of Action arose, and that at the time when the Cause of Action arose the Defendant was subject to the jurisdiction, so that in the Trial of this
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