
    Newbern,
    July Term, 1801.
    
      Harget vs. Foscue.
    
    BIr. V/ood for the defendant,
    was obliged therefore to produce an affidavit, shewing the necessity of it $ and upon that the cause was continued.
   YJiFR curiam,

Taylor, Judye.

Where the defendant obtains an order of survey and does not execute it, and moves for 3 continuance of the cause, because it is not executed, he should satisfy the court that it is necessary on the trial.  