chapman and brown how far the court will stay the proceed or not on a second  notice of trial till the cost of a former be pay the plaintiff as soon as he  have bring his action against the defendant which be assault and battery go a  voyage to the Indies but leave instruction with his son and with his attorney  that if the defendant will pay the cost they shall proceed no far the  defendant have offer to pay the cost notwithstanding this the plaintiff  attorney give notice of trial but yet do not bring the trial on late he have  give fresh notice of trial Mr strange say that the defendant in this case can  have the benefit of the usual remedy of a attachment for nonpayment of cost  because the plaintiff be out of the kingdom for which reason he move that  proceed upon this second notice may be stay till cost of the former pay he say  in a information who tam he move that the prosecutor may give a note of his  place of abode it come out that the prosecutor be go beyond sea upon this the  court stay proceed there because otherwise the defendant will have have no  remedy for his cost which he submit it be a case of the same nature with the  present one the Barnardiston king b court incline to think that they never  grant these motion but in ejectment upon which he move that the attorney may  show cause why he proceed in this cause against the plaintiff direction the  court say they never know such motion grant however they give he liberty to  move this matter again if he can find any case to warrant it the next day he  mention the case of Nokes and Watts pasch Geo the plaintiff there be a pauper  and for that reason proceed on the second notice be stay till the cost of a  former pay judge probin say that in such case of a pauper he remember another  answer have be give to such motion which be that he may be dispaupered and Mr  strange own there be a case to that purpose in salk judge lee say too that  pasch Geo on Mr harvey motion the court say they never grant these motion but  in ejectment Mr gapper say too that the case of Nokes and Watts be upon his  motion and that be a ejectment however the chief justice make a rule to show  cause but afterward it be discharge by consent