
    CONSTITUTIONAL COURT,
    COLUMBIA,
    APRIL, 1804.
    Fleming v. Rushton.
    A foreign attachment is dissolved by the defendant’s putting in special bail; and the bail are intitled- to be discharged upon duly surrendering their principal. (Vide Fife & Co. v. Clarke, 3 M’C. 347.)
    Motion to set aside an order of court. The plaintiff brought a writ of foreign attachment against the property of the defendant, in Abbe-ville district, which was levied on certain goods, &c. of the defendant. These goods were delivered to H. &• C. upon their entering into a recognizance of special bail for the defendant. The plaintiff, aftrewards, obtained judgment against the defendant, and took out execution against his goods, &c. Which execution was returned “ nulla bona.” After which, the bail produced the defendant, in their discharge, and obtained an order of court, discharging them. This motion was to set that order of court aside.
    Thomson, for plaintiff; Gantt, for defendant.
   By the Court.

This recognizance of special bail was authorized. In a case on attachment, the defendant himself, or any person, as bis attorney, may, within a year and a day, appear and put in bail to the action, in which case, the attachment shall be dissolved, and the things attached given up to the defendant, or person giving se,. curity, who shall be liable to the plaintiff for whatever he shall recover, with costs. A. A. 1744. P. L. 188. But the bail were intitled to surrender.

Motion overruled.

Present, Gkimke, Waties, Johnson, Trezevant, and Brevard, Justices ; Bay, J. absent.  