
    JOHNSON v. REA.
    March 31, 1836.
    
      Trial by inspection.
    
    To fix the special hail to the action, the capias ad, satisfaciendum against the original defendant, must be issued and delivered to the sheriff, four days, exclusive of Sunday, before the return day of such writ.
    THIS was a scire facias on a recognizance of special bail to the action, given by the defendant in another case. The defendant pleaded, first, “ comp, ad diem, ” and second, “ no capias ad satisfa-ciendum against the defendant in the original action, regularly issued and returned.” Replication, &c. and issues.
    It appeared that a capias ad satisfaciendum had been issued and left in the sheriff’s office on the Friday before the return day, which was on Monday.
    
      
      Perkins, for plaintiff.
    
      Meredith, for defendant.
    Authorities cited: 1 Selw. Frac. 115; 1 Tidd 994; Decas v Perry, 2 Dow. & %. 869.
   Per Curiam.

The judgment must be for the defendant. To fix the special bail, it is necessary that the capias ad satisfaciendum against the original defendant should have been issued and delivered to the sheriff four days before the return day, exclusive of the Sunday, which is not the case here.

Judgment for defendant.  