Page:United States Reports, Volume 2.djvu/149

 Burman Coon on Peng/jlvauhi :43 xygai T Nsssrr vmfu: Pom. i' _' if HE defendant had, at a former term, obtained a rule to tty, or non [mr. At this termthe defendant’s counfel, not re- ‘ colleéling this, defired the plaintiff to continue the caufe, which he agreed to, and the Prothonotary entered a continuance accord- ingly : But, immediatel after, difcovering that he had a ruie on the plaintiff} the defbndant acquainted the oppofite counfel with it, and gave notice that he fhozld infill upon the rule. This day the caufe was called andthe defendant moved that it might be ordered on : The plaintifobjeétedg and infiflned that entry of the continuance was conclufive. Br rua Coursr :—-Such an entry cannot be conclufive. This is a mere miftake; and as it was immediately difcovered, and notice given, no inconvenience arofe from it. If the plain- tiff had fuffered any thing by it, it might have been another matter: But here he could uffer nothing; If he was ready for trial when the entry was made, he mufl: be ready when the miitake was notified to him. jomas qui tam, vnju Ross. · _ HIS caufe was fet down for trial. Ingerj/ull, for the plain- y, lg tif}, moved for liberty to amend the declaration, and Z 3 Rated it as a fettled praélice, even in qui tam aéiions. The Cr-new Juanes, faid, if you amend, the defendants will be intitled to an imparlance and cofts. Moylan for the defendant : We cannot oppofe the amendment, but we afk no imparlance. The plaintiff may amend at the bar, and we will go on to trial immediately. Rah cc rdi I I a o ng y. sun: cms:. · N order to prove certain paH`engers imported by the defen- 1 I dant into the State, to be conviétsj and to have undergone lu punifhment, in the Spf:}-Ibn/é of Hamburg, in Germany, a com- miflion to examine witneffes in that city had been taken out. This was returned by the commiflioners, containing a written report of the names of the perfons confined in the Spiel·Ha1¢, in 1786, and of the offences for which they had been convig- •

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