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WO witneffes, who had been duly ferved with a Supœna, were brought before the Court upon an attachment ; Let having fatisfactorily proved, that they were fo much indifpofed, as to be utterly incapable of attending in obedience to the Subpœna, they were difcharged.

And, by the court: As we do not find thefe perfons in contempt, the cofts of the attachment muft abide the event of the fuit.