1778-01-29 (static/transcriptions/1778/01/032.jpg)

1778. 1 Term. [Saturday] Jan: 29.

Writ is return’d or not. If you choose to move it on this affidavit as it is, take a Rule to shew cause.

Hyde. In a former case some what like this, but not quite the same, that of Kistnanund Sircar v Nursing Baboo, and Kissencunt Baboo & others, the Court were of opinion that the Sheriff ought to take separate bail from the Defendant who was actually arrested on a joint action for a tort, for his own appearance, and ought not to insist on bail for all the Defendants, a Distinction being then taken between actions on contract, and actions on torts, but I have look’d in several books without being able