Cook v. Campbell

Headnote

To warrant proceedings against bail, there need not be eight days between the teste andretum ,of the ca. s(t. against the principal, it is enough if it have lain four days in the sheriff’s office.

IN debt on recognizance of bail, the defendants pleaded 1st. 7ml tiel record. 2d. that the ca. sa. against the principal was not duly issued. The plaintiffs replied, taking issue on both pleas.

Under these circumstances, the plaintiffs gave notice of bringing on the trial by record, and the defendants of setting aside the whole proceedings, for irregularity in the ca. sa.

Both motions came on together, and the record being admitted, judgment was demanded, against which the defendants relied on the irregularity, to prevent its being allowed.

insisted that to warrant any proceedings against bail, there must be 8 days between the teste and return of the capias ad satisfaciendum. 1 Sell. •' Prac. 550. 2 Salk. 601. Ball. v. Manucaptors of Russell. 2 L. Ray, 1176, S. C. This objection appearing-on the face of the record, was, he urged, a sufficient, reason for refusing the application for judgment; and though the matter ought not to have been availed of by plea, still that informality would not prejudice. In favor of bail the court go great lengths, and 1 Black. 74 . would be found a stronger case than the present.

There cannot be any cause assigned,' for the practice mentioned. The writ has lain four days in the sheriff’s office, and is all which is-requisite.