
    GENERAL COURT,
    OCT. TERM, 1804.
    Coward vs. Bohun.
    Though th* practice of a court 39 not tu require hail m an action on a bona with a collateral condition, yet if there be no rule of court to that effect, the de* “Pendant may be held to bail, |f the plaintiff makes an affidavit for that purpose* . ; .
    Debt upon an ai)peal bond, and an affidavit to hold to bail.
    
      M‘Mechen moved the court to permit him tq appear forlhe defendant, without bail.
    
   Chase, Ch. J.

There is no rule of this court that the defendant may appear without hail in an action on a bond with a' collateral condition; the practice is so. But here is an affidavit. Bail must be given.  