Afterwards to wit, at the June term of said Court in the year aforesaid, this cause came on to be heard upon a to the declaration of the and was argued by counsel: On consideration whereof, it was adjudged by the Court that the said demurrer be overruled with costs. Whereupon on motion of the , leave was given him to amend, on payment of costs: And it was ordered by the Court that this cause be continued until the next term of said court. And now at this term of said Court that is to say at the term thereof first aforesaid, comes the , and the being three times demanded to come into Court and prosecute his suit, comes not but makes default. It is therefore consider ordered by the Court that the become ; And that the recover against him his costs and charges by him in and about the defending of this suit in that behalf expended taxed at eight dollars and fifty three cents: And it is ordered by the court that the pay the costs and charged by him made in and about the prosecuting of this suit, taxed at three dollars and forty six cents, and in default thereof, that issue to collect the same.