
    ANONYMOUS.
    Special bail requisite on habeas corpus to remove a cause commenced by sum mons.
    
    This case had been removed from the common pleas by a habeas corpus. The defendant, by his counsel, moved for leave to file common bail; as bail below had not been required; the proceeding there having been by summons.
    
      The counsel for the defendant insisted on the [476] express words of the 86th section of the practice act, Pat. 364, requiring bail in every case of removal by habeas corpus.
    
    To which it was answered, that if the act was to have this construction, it wrould embrace the case of executors and administrators, and would, in such cases, be tantamount to a refusal of the writ.
    
      
       And may not be waived. South. 852. Exceptions as to executors or administrators. South. 688; Salk. 98, 101.
    
   [*]

By the Court.

The language of the act is positive, and cannot be got over.

Rule refused.  