
    *Bird, assignee of the Sheriff of, &c., against Maett and others.
    The court will not exercise its equity power, in granting relief on bail bonds, until after the.condition is forfeited.
    Tne original suit was against five defendants, four of whom were arrested, and the sheriff returned, as to the other, non est inventus ; but, by mistake, took a bail bond for the appearance of all the defendants. The four defendants who were taken, put in special bail, to which there was no exception. A suit was, afterwards, brought on the bail bond against all.
    Woodworth, for the defendant;
    now moved to set aside the proceedings for irregularity.
    
      Bird, contra.
    This is an application to the equity powers of the court, which can never be exercised until after a forfeiture of the condition of the bond. The defendants must resort to their plea.
   Per Curiam.

The court will not exercise its equitable power in granting relief, until after a forfeiture of the condition of the. bail bond. The defendants must rely on their plea of comperuit ad diem.

Rule refused.  