
    *Thomas Branson vs. Ezra Shinn. [1*
    The neglect of the plaintiff to file his declaration in time is not a ground to discharge the defendant on common bail.
    
      Royall,
    
    on behalf of the defendant, moved that he might be discharged on common bail, because the plaintiff had neglected for two terms to file his declaration.
    
      Wall
    
    opposed the motion, as being unfounded in the practice, and unsupported by any rule of this court.
    
      Wood replied.
   The Chief Justice said, that the court were all of opinion, the application could not be sustained. The English practice on this subject depends upon a rule of court, and has never been adopted here; and, we think, ought not to be adopted, for the defendant has a remedy by the practice act, if the plaintiff neglects to file his declaration in time.

Motion denied.  