2566 1NDEX TO THE

Page.

a continuance on oath, or affirmation, at to the facts expected to be

proved — 1787, ch. 9, sec. 3, .......

246

In actions of trespass or ejectment, if plots are defective or not re-

turned, and the courts may think a continuance necessary for trial

of the merits, they may continue such causes, not exceeding three

courts after the usual time of continuance by law, on reasonable

terms — 1787, ch. 9, sec. 4. .......

247

On the neglect of the surveyor to return such plots, he may be ordered

to pay the costs of the term, and he fined by the court — 1787,

ch. 9, sec. 4, ...........

247

Where a verdict shall be set aside, and a new trial granted, the courts

may continue such cause, not exceeding four courts alter the usual

time of continuance by law, on reasonable terms — 1787, ch. 9,

sec. 5, ... ........

247

Where commissions issue to take the depositions of witnesses residing

out of the state, the courts may continue such causes, not exceed-

ing four courts after the usual time of continuance by law, on rea-

sonable terms — 1787, ch. 9, sec. 5, ......

247

Where commissions issue to parts without the United States, the cause

may be continued, for want of the return thereof, as long as the

court, under all circumstances, shall, in their discretion, think rea-

sonable— 1794, ch. 6, ........

304

Where a judgment shall be set aside for fraud, &c. in obtaining it, the

courts rnuy direct the continuances to be entered from the court

when it was obtained till that when it was set aside — Nov. 1787

ch. 9, sec. 6, ........ .

217

They may also continue such cause for trial of the merits not exceed-

ing two courts after it is reinstated, (unless evidence, &,c. is want-

ing as in other cases) — 1787, ch. 9, sec. 6, .

247

Where, by the death of the plaintiff or defendant, new parties are made,

or to be made, the courts may continue such actions not exceeding

the end of the third court after the appearance court, (unless evi-

dence, &c. is wanting, as in other cases) — 1787, ch. 9, sec. 7,

247

Where the attendance of a witness, (residing within the slate,) to a ma-

terial fact, cannot be procured, the courts may continue such cause

as long as they may think proper, if the adverse party will not

admit the fuels, or consent to the taking the deposition of such wit-

ness on interrogatories — 1787, ch. 9, sec. 8, ....

248

On a special verdict, or case stated, the courts shall not continue any

cause on a curia ad visa re vult longer than to the end of the third

court after verdict taken, or case stated — 1787, ch. 9, sec. 9,

248

Causes referred by consent of parties, and rule of court, shall continue

till an award is returned — 1785, ch. 80, sec. 11, .

233

Where amendments are made in the proceedings, the adverse party

shall have time allowed, in the discretion of the court, to prepare

to support his case on the state of the proceedings so amended —

1785, ch. 80, sec. 4, .........

233

Causes returned by writ of procedendo, after an appeal, may be conti-

nued as other actions, according to the discretion of the court,