
    Davis against Gillet and another.
    NEW-YORK,
    Nov. 1810.
    Whei’e bail in a court of corn-man pivas, remove out of the county, an action on the recognisance may be brought in this court.
    THIS was a suit on a recognisance of bail, taken hi a cause, in the court of common pleas of Rensselaer county.
    A motion was made to set aside the proceedings, on the ground, that the suit ought to have been brought in the court of common pleas, where the original suit was carried on. (6 Term Rep. 365.)
    The bail had removed out of the county of Rensselaer into another county.
   Per Curiam.

The act for the relief of special bail, (24 sess. c. 186.) requires the scire facias on recognisance against bail, to be served personally, unless the party shall have removed out of the state. As the ball had removed from the county of Rensselear, he could not be sued in the common pleas. ~1 he suit must, therefore, of necessity, be brought in this court.

Motion  