
    David S. Craig against John A. Berry.
    Court c  ^
    THIS case was brought up by habeas corpus, from the Bergen Pleas. No bail being filed, Hornblower, for defendant here the plaintiff below, who desired that cause might be continued and tried in this court, prayed leave to file a waiver of bail. But
    
      
      
         Anonymous, Pen. *641. Marcellis vs. The Hamburgh Turnpike Co. Pen. *948. Dickinson ads. State Bank, 1 Har. 354. Morris Canal ads. Vanatta, 2 Har. 159. See Sneed ads. Wallen, ante 682.
      
    
   By the court.

This cannot be done under the statute. If bail be not filed, the cause must be remanded.  