Newbern,

July Term, 1801.

#### Harget vs. Foscue.

BIr. V/ood for the defendant,

was obliged therefore to produce an affidavit, shewing the necessity of it $ and upon that the cause was continued.

YJiFR curiam,

Taylor, Judye.

Where the defendant obtains an order of survey and does not execute it, and moves for 3 continuance of the cause, because it is not executed, he should satisfy the court that it is necessary on the trial.