
    GENERAL COURT,
    OCTOBER TERM, 1795.
    Rogers, Administrator of Young, against William and John Lee, Special Bail of Denton Jacques.
    
      SCIRE FACIAS upon a recognisance -of bail, entered into on the 27th of October, 1789, by the defendants, for and on behalf of Denton Jacques, before a justice of the peace of Washington county, in an action of debt, instituted in the general court, and wherein judgment was rendered at October term, 1790.
    The special bail pleaded payment by-the principal, and “ that the principal had been taken into custody on a ca. sa.” The plaintiff, to the first plea, replied nonpayment, and to the second, “ that the ca. sa. was entered not called by consent.” Issue was joined to the replication to the first plea, and a general demurrer to the replication to the second plea. (See the plea and the re» plication in 2 Harris's Entries, 564.)
   The Court

gave judgment, on the demurrer, for the defendants.  