
    Wheelock against Brinckerhoff.
    given by a non-tar, eI¡n Pcommencing an act¡on before a justice of the r|arj«>t ba “edyep“jj:hof™The security
    “ sp|'slion ¿v°| {S*™8 soheMslfficieiTt15
    ,I.N ERROR, on certiorari to a justice’s, court.
    The plaintiff in error, who was also plaintiff in the court below, brought an action of trespass, de bonis aspor'tatis, against the defendant, and, being a non-resident, the suit was commenced by ,,, . warrant, on his depositing five dollars with the justice, as security. Upon the return of the warrant, the defendant inquired of the justice whether the plaintiff had given security, and was informed, generally, that he had,-without stating the nature of the security. The cause was then adjourned, and, at a second meeting, the defendant inquired respecting the security, and was then told that five dollars had been deposited for that purpose. This was objected to by the defendant, and the plaintiff refusing to give other security, the justice nonsuited him. The plaintiff afterwards, offered to give other security, but the justice decided that it was then too late.
   Per Curiam.

The act (1 N. R. L. 388.) declaims, that if a nonresident plaintiff tenders, to the justice security for the payment of any sum which may be adjudged against him, he shall be entitled to have a warrant against the defendant. ' The nature of the security is not designated, and there can be-ho good reason why the deposit of money should not be deemed competent security; and, if so, the sum deposited was sufficient. It was to as great ah amount as could be adjudged against the plaintiff; the action being trespass, there could be no set-off, and (he costs are limited to five dollars, except under some special circumstances, which we are not to intend existed in this cáse. The judgment must, therefore, be reversed.

Judgment reversed.  