There was no time at the last circuit to . try a junior cause, so that,, in truth, no trial has been lost. The defendants having sworn to merits, and as he tendered, on the 11th of July, the full amount in money as security, which was refused, and as bail has since justified, we think the motion ought to be denied, but -on payment by the sheriff of the costs of the rule to show cause, and of this motion.(b).
Ride refused.
See Gra. Prac. 2d edit. 165-167.