Page:United States Reports, Volume 1.djvu/171

160 

1785.

of the debt, was made neceffary to be fuperadued to the ufual probate made before the war. This rule, however, affects the inhabitants of other countries as well as England; and it may poffibly be found neceffary, at fome future time, to make an alteration in it more conformable to the general law on thofe fubjects. But, as at the time of making the rule, we had no eye to any other kind of procefs, than writs of capias, and it was exprefsly confined to them in favour of perʃonal liberty,  we do not think it fhould be extended to other cafes, not then within our view. In cafes of attachments, therefore, we think it fafeft, to follow the law as we find it in our books before the ftatute of 12 G.I. And as it appears by the cafe in 8 Mod. 323, that an affidavit of a plaintiff, before a notary public in Holland,  was deemed fufficient to hold the defendant to bail, we think the like affidavit in this cafe, fhould be fufficient for the fame purpofe.

Motion to diffolve the attachments difcharged.