The defendant is a person “ not residing within this commonwealth,” and it not being averred, we cannot infer *177from the circumstance that he was here, on the day of the issuing, twice for very short periods of time, that he was within the county “ at the time of the issuing ” of the writ. (See Stroud’s Purd. tit. Action.)
Rule discharged.a
Vide Shipman v. Woodbury, ante, p. 67.