Tbe court ordered a mandamus to issue, returnable the next term.
Note. — At February term, 1788, tbe mandamus was returned; and tbe court was requested to direct wbat should be tbe rule of proceeding, in trying tbe sufficiency of tbe return; wbetber tbe common law, as it stood before tbe stat. 9 Anne, or that statute; and tbe court said, tbe statute of Anne should be tbe rule of proceeding.