
    Jenks and others against J. Payne.
    If a defendant, living within 40 miles of the-place of trial, changes his residence permanently, to a place beyond that distance, before issue is joined in the cause, he will be entitled to fourteen days notice of trial; but if he change his residence after issue joined, he is entitled only to eight days notice.
    MOTION, on the part of the defendant, to set aside the Verdict, and all subsequent proceedings in the cause. The venue was laid in the county of Cortlandt, where the defendant was arrested. He, afterwards, and before the declaration was delivered, removed with his family to Whites-town, in the county of Oneida, a distance of more than fifty miles from his former residence, and where he has since continued to live. The cause was noticed for trial at the last June circuit in Cortlandt county, at which an inquest was taken by default; but the notice being for less than fourteen days, a motion was now made to set aside the inquest for irregularity.
    
      Donnelly, for the plaintiffs.
    
      A. Payne, for the defendant.
   Per Curiam.

The defendant, when he was arrested, resided within 40 miles of the place of trial; but before issue was joined in the cause, he removed from Cortlandt county, to a greater distance, and has since permanently resided at Whitestozm. It does not appear that the defendant absconded from his former place of abode. He was, therefore, entitled to 14 days notice of trial. If, however, he had removed beyond the distance of 40 miles, after issue joined in the cause, he would have been entitled only to eight days notice. And such is the practice of the court of K. B. in England. (2 Tidd’s Pr. 595. Spencer v. Hall, 1 East Rep. 688.)

Motion granted. 
      
       Vide Lloyd v. Hooper, 7 East, 624. Douglas v. Ray, 4 Term Rep. 552.
     