THE cause had been removed by habeas corpus, and the plaintiff had filed a declaration, and entered a rule to plead; but the defendant not having put in bail, a procedendo issued, and the plaintiff prevailed in the Court below. On a reference to the judges by .both the parties, they declared that the plaintiff was not entitled to have the costs of the declaration and rule to plead in this court, taxed against the defendant,; these services being useless, until the defendant has put in bail.