
    GENERAL COURT,
    OCTOBER TERM, 1793.
    The State, for the use of Thomas B. Beall, against Walter Beall.
    ON motion for an attachment under the act of assembly of 1715, c. 40. on an administration bond, (wherein the defendant was security,) for a balance due from the executor for the plaintiff’s distributive share of the deceased’s estate, two successive writs having issued and were returned non estt and a copy of the declaration left.
    Mason, for the plaintiff.
   The Court

were of opinion, that on a bond with a collateral condition, they have no power to ascertain the breach and assess the damages, so as to grant an attachment.

That an attachment cannot issue for a penalty.  