case Ratcliff against GOODCHEAP on what affidavit a defendant may be hold to  bail in a action you a bottomreebond action of debt on a bottomreebond the  plaintiff make a affidavit that the defendant be indebt to he in so much money  as appear by the bind and say further that the ship on which the bind be give  be not lose by unavoidable accident but for want of care as he the say  plaintiff have be inform and very believe the defendant make a affidavit that  all proper care be take of the ship and that it be lose by storm and avoidable  or to that effect on the part of the plaintiff a affidavit be make by one John  dean who be a sailor on board wherein he swear positive that the ship be lose  for want of proper care and if the captain and mariner have not desert her she  may have go on safe on her voyage the question be whether you these affidavit  the defendant ought to be hold to bail will chief justice there must be a  probable cause show to bold a defendant to bail the general rule be that there  must be a positive affidavit and where that can be have the court require it  but to this rule there be exception for if from the nature of the demand a  positive affidavit can be have the court will dispense with it and admit the  best and most certain which can be get as a executor can make a positive  affidavit of the debt because it be contract with another person and therefore  it be not require so on bottomreebonds positive affidavit be not expect and  therefore the plaintiff swear only to his information and belief in the case  of man v William barn a late in this court the reason why the court refuse to  let the defendant be hold to special bail be not on account of the plaintiff  affidavit be deficient but because the defendant swear positive that the ship  be avoidable lose and therefore as the plaintiff have in that case no positive  affidavit to counterbalance the defendant there be nothing but the plaintiff  own affidavit in the usual form to his information and belief we do not hold  the defendant to bail but here be the positive affidavit of John dean for the  plaintiff which answer the defendant positive one and wherever there be one  positive affidavit for the plaintiff though there be several as positive for  the defendant yet he shall be hold to special bail Burnett justice be of the  same opinion the rule for a common appearance be discharge trinity term the  sixteenth of George the second in the king bench sir William lee Knt chief  justice sir William chapel Knt Martin wright Esq Thomas Dennison Esq justice  sir Dudley rider Knt attorneygeneral the Hon William Murray solicitor general