
    CHERAW DISTRICT,
    SPRING TERM,
    1798.
    Stanley v. Miers.
    Defendant in trúvér ordered to give Bail to tlie action,'aá the condition of a continuance of the cause granted at his instance.'
    Trover for a slave. The deféndant moVed: for a continuance of the cause on account of the absence óf material witnesses, resident out of the Slate, whose places of residence had not, till lately, come to his knowledge, and for a commission to take their examination.
    The plaintiff’s counsel moved the court, that the continuance might be upon condition the defendant give bail to answer as special bail in the action. This was objected to by the defendant’s counsel as unprecedented and irregular. For the plaintiff, it was contended, that it had been,.done in similar eases heretofore ; that it was a reasonable condition ; and that the court would always impose reasonable conditions, in cases where a party applies for a favor, as to postpone a trial.
   By the court.

Waties,. J.

I do not remember to have seen a similar order to the one now moved for, applied for. But as it appgars not to be unreasonable, let the plaintiff file an affidavit of his cause of action, and I will give an order for bail in a reasonable sum, to be entered into by the defendant, as a condition of the cause standing over.

Falconer, for plaintiff. Brevard, for defendant.  