
    Respublica against Wm. Coates, Esq.
    A bond may be declared on as lost by time and accident, without a proferí.
    This was an action of debt on bond brought against the defendant as surety of William Dewees, esq. formerly sheriff of Philadelphia county. It had been tried on a plea of non est factum two years before, and a juror had been withdrawn by consent, the original obligation being lost.
    Mr. Moses Levy, pro quer.
    
    had moved on the first day of this term on proof being made of the obligation being lost, for a rule on the defendant to shew cause why the declaration should not be amended by striking out the profert therein, and averring the loss of the obligation on which, &c. and a rule had been granted accordingly to shew cause on the 8th April. Messrs. Lewis and Sergeant now attended for the defendant, but declared they would not object to the rule, being made absolute, though they considered it a hard case on the defendant, as they apprehended the late authority in 3 Term Rep. 151, had settled the practice of the courts of law in England.
   The rule to, shew cause was accordingly made absolute, the court declaring that it was absolutely necessary such practice ^should be adopted here to prevent a failure of r«q justice, there being no court of chancery to protect *- against such accidents.  