
    Bunting against Brown.
    f0Jnda™gef r™ iyofgXfsIpultract, theC<ieheld to bail, a rested and held tfonnpttaiiaMe, an affidavit of’ the cause of ae^“po^’^e a?í rest'
    THIS was an action on the case, to recover damages for the nondelivery of a quantity of salt, which the defendant had sold to the .plaintiff, and contracted to deliver to him, at Turks-Island. The defendant was arrested and held to bail, without a judge’s order. The plaintiff being summoned before the recorder of the city of Neve-Yorlc, to show cause, &c. made an affidavit of the cause of action: but the recorder being of opinion that the defendant . f 1 . . . could not be held to bail, without an order of a fudge for that purpose, previously obtained,- ordered him to be discharged, on filing common bail, and the bail-bond to be cancelled.
    
      G.arr, for the plaintiff,
    moved to vacate the order of the recorder,
    
      E. W. King, contra.
   Per Curiam.

Wfajeye the action is not bailable, an affidavit of the cause of action, made subsequent to the arrest, will not support the holding to bail. But this suit was on a contract on which the defendant might have been held to bail originally without a judge’s order. If the sum in which the defendant is held,to bail fie too large, application may be made to a judge to mitigate it.

Motion granted.  