burrow pomp versus LUDVIGSON Saturday that Nov affidavit to hold to bail must  be positive a rule for discharge the defendant upon common bail be make  absolute the affidavit to hold he to special bail not be positive which be the  establish rule of the court that it must be the attorney by a subsequent  affidavit deny this however the rule stand as above so be the resolution in  lean on v Sinclaire pasch g b r and in Holmes et all v mend cesis et be eager  or anxious Tr g b r and in Leverland v basnet Tr g b r and in claphamson v  Bowman p g b r and in rios v Belifante p g b r and in Coillot v Hague Tr g b r  and in tan Moorsell v Jullien m g b r and in Kelly v Devereux m g b r and in  prior v Scott h g b r to which resolution the present one be add this point  seem to be most full settle yet v post and Barclay et ai v hunt m g b r see  also Bl Rep burr and note that a affidavit by beneficiary who trust be  sufficient notwithstanding the trust be create by deed burrow er p Lord  Mansfield say that the Act of parliament require a positive oath of the debt a  which positive oath may not be contradict by the defendant but Mr just foster  say he himself have always think the rule too strict and that he have never  comply with it at his chamber though he will not go against it the present  case be that of a merchant in London who correspondent in Sweden have send he  over the account from Sweden where the debt arise and consequent the plaintiff  the merchant here can only swear to his belief with a reference to the account  send to he from Sweden the fact itself not be within his own personal  knowledge so that the affidavit can not have be more positive than it be  unless the correspondent in Sweden have come over hither to swear it for a  affidavit swear there can not have be read here b see the Act of parliament of  g c entitle a Act to prevent frivolous and vexatious suit which enact that no  person shall be hold to special bail upon any process issue out of any  superior court where the cause of action shall not amount to the sum of or  upward nor out of any inferior court where the cause of action shall not  amount to the sum of forty shilling or upward then the second clause direct  the method in case where the cause of action do amount to those respective sum  c and the word of this second clause of the Act be that in all case where the  plaintiff or plaintiff cause of action shall amount to the sum of ten burrow  pound or S or upward as aforesaid affidavit shall be make and file of such  cause of action and the sum or sum specify in such affidavit shall be endorse  on the back of such writ or process for which sum or sum so endorse the  sheriff or other officer to who such writ or process shall be direct shall  take bail and for no more the present defendant be discharge on common bail