
    
      No. 3.
    
    SMITH ET AL. against QUINTON.
    
      Rutland,
    
    1818.
   THIS was an action on Jail bond, for escape of A. M’Far« land, the principal.

Flea — That M’Farland procured a certificate, from a Judge and Justice, that he had taken the poor debtor’s oath, &c.

Replication — That the certificate was obtained by the fraud of M’Farland, and the Court of Jail delivery.

The Court adjudged the replication insufficient, that the proceedings, being regular on the face of them, was sufficient to ^discharge the Jailer or bail.  