Majority
p. 71Murray v. Smith.
HE Caufe had been removed by Habeas -®»' Corpus, and the Plaintiff filed a Declaration, and entered a Rule to plead: but the Defendant not having put in Bail, a Procedendo iifued, and the Plaintiff prevailed in the Inferior Court. On a Reference to the Judges by both the Parties, they declared that the Plaintiff was not entitled to have the Coils of the Declaration and Rule to plead in this Court, taxed againft the Defendant, thefe Services being tifelcfs, until the Defendant has put in Bail.