The act of the legislature, relative to the trial of small causes, says, “ that to prevent fraud and surprise, the justice may grant adjournment,” and in this case we are inclined to think, he ought to have granted the adjournment for two weeks. This is not so strong a case as that of Trueax v. Roberts. 1 South. 288; and we think the judgment o.ught to be reversed.

Judgment reversed.