anonymous mich will B R ld raym S c merit of the cause not in question upon  bail post pl defendant show the composition Act and that the plaintiff debt  accord to the composition he have make with the rest of his creditor be under  ten pound and that the plaintiff will be bind though a nonsubscriber yet the  defendant be hold to special bail because non constat that the plaintiff will  be bind for he may deny the abscond c so that this will be to determine the  merit of the cause videlicet that he be bind by the composition aliter if the  plaintiff have subscribe or have be summon before a judge and the matter have  receive a determination a a when a plaintiff have once swear positive to his  debt in order to hold the defendant to special bail the court of king bench  will never receive any affidavit whatever either to explain or contradict the  plaintiff oath even a affidavit of the plaintiff confession that the defendant  owe he nothing will not be receive Emerson v Hawkins will in that case the  plaintiff in trover against customhouse officer for good seize swear they be  indebt and they be oblige to give special bail though the good be in the king  warehouse and there be a suit in the exchequer for condemnation but the  practice of the common plea somewhat differ in this particular from the  practice of the king bench and admit of supplemental and even contradictory  affidavit for they hold that notwithstanding the plaintiff make a positive  affidavit of his debt yet the matter of bail be examinable by the court the  plaintiff make a affidavit of his debt in order to hold the defendant to bail  but the defendant make a affidavit that he believe the whole debt will appear  to be pay a common appearance be allow by the court barn Cromp this difference  in the practice of the two court be state by bull I in Mackenzie v Mackenzie t  r if a judge in B R make a order to hold defendant to bail for a assault  imprisonment and such like action where the defendant can be hold to special  bail without a affidavit and order thereupon no counteraffidavit will be allow  to lessen the bail order by he Bl Rep in Kirk v Strickland B R Doug the  plaintiff swear the defendant be indebt unto he in which be the penalty of a  bind for indemnifying a parish against a bastard the defendant swear that only  be due the court at first seem to think they can not relieve the defendant  upon summary application it have be a uniform rule not to go into the merit  upon such a motion but to take the matter as it stand upon the affidavit to  hold to bail but at last they grant the rule declare that they be persuade the  plaintiff will not venture to show cause against it vide Str cook v Dobin high  Bl question as to distinction of practice in B R and c b contg Salkeld er p