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Note. In the practice upon the second member of this rule, the term "pleadings" is considered in a more extensive sense than what is strictly technical, and is construed to include not merely those matters which come after the declaration, but the party demurring is always obliged also to furnish a copy of the declaration, and even of the writ and service, whenever they may be any wise drawn into question in the arguments upon the demurrer.

Supreme Court of Judicature, Chittenden County, August Term, A. D. 1793.

IT is ordered by the Court, that after the present ircuit, all motions for the continuance of causes shall be made on the first day of the sitting of the Court, founded on affidavit in writing of the person or persons in whose favour the motion is made, or his attorney; which affidavit shall be lodged with the Clerk of our Court.

By order of Court,

N. BRUSH, Clerk.

Note.

Practice under this rule: If the cause for a continuance arises after the first day of the term, or was not known to the party at that time, it has been considered to take him out of the rule, and he may file his affidavit and motion afterwards.

Supreme Court of Judicature, Bennington County, February Term, A. D. 1802.

IT is ordered by the Court, that the Clerk shall not enter any action upon the docket of the Court until the appellant or appellants shall have produced attested copies of all the files and records appertaining to said action, agreeably to the statute; and in all suits originally returnable to the Court, until the original process be delivered into his office, unless by special direction of the Court.

IT is ordered by the Court, that on the first day of every stated term, the Clerk shall exhibit to the Court, for their inspection, complete records of the proceedings thereof regularly made up to the time of such exhibition.

IT is ordered by the Court, that in all processes returnable to the Court, where an order has been made by the Court or either of the Judges for the publication of the same in any public newspaper; upon such order being submitted to the Clerk, with the doings of the party thereon, it shall be the duty of the Clerk to inspect the proceedings as to such publication, and the Clerk's certificate that he has thus inspected such proceedings, and that the same are in pursuance of such order, shall be received by the Court as prima facie evidence that such order has been complied with, and the Clerk shall receive twenty-five cents as a fee for such inspection and cer

tificate, to be paid by the party procuring the same to be done.

IT is ordered by the Court, that there shall be paid to the Clerk for his use, fifty cents, as a fee for his filing and safe keeping each affidavit in each motion in arrest of judgment, motion or petition for a new trial, or for the obtaining a continuance in any action. By order of Court,

SAMUEL ROBINSON, Second Clerk.

AN

INDEX

TO THE

PRINCIPAL MATTERS.

A

Action.

See Conspiracy.

Nor

433

An action of indebitatus assumpsit will not
lie to recover the interest accruing upon
a judgment debt during the suspension
of the execution by the creditor.
ean the plaintiff shew an express pro-
mise to pay such interest under a ge
neral count. Beedle v. Grant and Dar-
ling.
If a credit given is voluntary, subsequent
to, and making no part of the original
contract, it may at any time be retract-
ed. But if it make any part of the ori
ginal contract. it is so material a part of
it, that if an action be brought within
the time limited for the credit, it cannot
legally be supported unless it was not a
bona fide purchase by the vendee. Fisher
v. Brown.
Debt on recognisance entered by private
informer, upon motion and order for new
bail to prosecute a complaint before a
Justice holding a Court of Inquiry, will
not lie. Hazen et ux. v. Smith and Cas-
well.
105

See Trustees.

405

General indebitatus assumpsit for work and
labour done will not lie upon a promise
made by the defendant to pay for the
work, &c. done under the contract of
another, though the work, &c. was done
upon the defendant's buildings, and for
his eventual benefit. Sherman v. Stan-
350
But if there is a count in the same decla-
ration for money had and received, and
verdict for the plaintiff, the Court will
not on motion set it aside, if it appears
that substantial justice had been done
between the parties Id.

ton.

ib.

An action for deceit will not lie against a
purchaser who makes false affirmations
in his own favour in order to obtain a
day of payment Fisher v Brown. 387
An action will not lie to recover back mo-
ney or chattels advanced upon a con-
tract malum in se. Barnard v. Crane

457

An action founded on tort may be sustain-
ed against one or more defendants; and
if two defendants join in pleading the
general issue, and the Jury find one
guilty and exculpate the other, this will
be no cause for setting aside the ver-
dict. Wright v. Cooper and Tousey. 425

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