
    DICKINSON ads. STATE BANK AT MORRIS
    Matter of Practice.
    This case was brought into this Court from the Morris Pleas, by Habeas Corpus. But no bail being filed, nor waiver of it entered.
    
      H. W. Green for* Mr. Ryersoh,
    enquired of the Court whether it would be regular to take a judgment here by default. Rev. Laws, 424, 426, requiring bail before removal,
   By the Court.

The practice has been for the plaintiff to have his option, either by proceeding here, or taking a procedendo.

Ryerson, J.

Habeas Corpus is a common law, not statutory writ.

The statute requires bail for the plaintiff’s security, which he may waive and proceed here. So also in many cases of Certiorari, the act is equally imperative in requiring security.

Cited in Vanatta v. Morris Canal and Banking Co., 2 Harr. 159  