¶1APPEAL from the settlement of the defendant’s accounts by the Comptroller General. The defendant had been appointed a commissioner by the Executive Council, to explore the navigable waters of the state ; and on account of his absence upon that service, Lewis had moved, at the preceding term, and now moved again, to postpone the trial. The Attorney General observed, that the appellant was not in duress, and might, if *109be pleased, attend. If, therefore, the cause was put off at this time, he hoped at least, a peremptory rule for trial at the next term would be entered.
¶3-It would wear an aspect of hardship, if the trial were to be forced on, at the very time that the plaintiff had engaged the defendant in his service, and sent him to a distance. But let a peremptory rule for trial at the next term be entered.