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Page:United States Reports, Volume 2.djvu/339

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Cutcurr Coun', Pmrgglvauia Diftrié]:. 333 But, for the defendant, it was contended, that the notice of rygg the rule fhould have been given to the party, and not to his at- law torney. In River: v. fVa fur, 1 Dahl Rep. 81. notice, in the cafe of referees, is direélcd tobe given to the party ; and the reafon is fironger iu the prefent inflance, as the de endant lives ata great diflunce, and the attorney ought not to be put to the trouble and expence of tranfmitting the notice. Befides, there is no certificate produced that the deeds are not on record ; and the fafl: is that they are recorded ; fo that the plaintiE might, at any time, procure exemplifications. V Br ·r1-rr-: Counrr :-The provifion contained in the judicial a& was intended to prevent the neceflity of inflituting fuits in Equity, merely to obtain from an advcrfe party, the produftion of deeds and papers relative to the litigated iffue. The aéi: fays, generally, that the Court {hall have power, “ cn motion and due notice thereof being given, to require the parties to produce hooks or writings, &c." without defignating to whom the notice {hall be given, the party himfelf`, or his attorney. But we will always keep the caufe under our controul for the p purpofes of fubflantial jullice, and never fuffer either party to bc entrapped. If, for inflance, notice is ferved on an attorney, whofe client lives at a great diflzance, this will always be deem- ed a fufiiclent reafon to poflpone the trial, ’till a full opportunity has been afforded for the attorney's communicating the rule to the client. If, likewife, the Court find that the deeds are ac·` ‘ ‘ tually on record, we will not indulge the party with a rule for producing them, merely as a cheap mode of procuring evidence. The originals may fometimes, indeed, be neceffary, for afpe- cial reafon, detached from the evidence; but, iu that cafe, the ·fpecial reafon muftbe afligned to the Court. The defendant’s couufel offering to refer their opponents to thepugcs, Src. where the deeds in queflion are recorded, T1-ru Counsr declared that this put an end to the matter ; but added, that if it was not fntisfaétorily done, they would not allow the caute to be brought to trial. levy and Blair, for the plaintifli iU.Qg.lnm:z and ..d:·;:y£’rs:ig, _ for the defendant. The Unrrsin Srxrss onyx C.i1.nwa1.1.: THIS was an indi£tment for a mifdemcnnor committed in Nm·:Lun:5¢·:·L1:z:I County, in_ which afdpxnsa had iiiixed, on the part of the defendant, to fummon Smu;».·] 1l*[*CL1_y, Eli;. and !l·!•P}5e¢n, Efq. Aflocinte judges of the County Courts of Na»·!&uml»:r/ami, to appear in the Circuit Court as .. witnexiés