
    Hudson versus Howell.
    TRESPASS vi et armis. Capias returnable to this Term. Howell moved to quash the writ, the Defendant being a Freeholder.
    
      Millegan objected that this was a case excepted by the act; a fine being due to the Commonwealth, upon the Judgment capiatur pro fine, in actions vi et armis.
    
   But,

by Shippen, President.

—The practice has been long settled under this act. Unless it is a suit on a recognizance, or for a fine actually due to the State, we cannot take up a mere fictition, to defeat a positive privilege.

The writ quashed.  