was of opinion, that the bail-pieces were not absolute, but open to objection as to the insufficiency of the bail, and that when objected to they were not to be received without the bail’s justifying. But the Court made an order that any affidavits made by the bail before a justice of the peace of Washington county, should be deemed as if taken in court.
The bail-pieces not being received, the marshal was called and produced the defendant, who was committed.