bias and wife and GOODFLESH against Lyell trinity geo in transgr super  grammatical case plaintiff have proceed against defendant in the old way by  pone and distress and defendant move to stay proceed suggest the same to be  contrary to the method prescribe by the late Act of parliament to prevent  vexatious arrest Geo and Geo and the question be whether by these statute the  old method of proceed be take away and another method institute or not it be  urge for plaintiff that before the statute of marlbridge no capias lie that  the barn ancient course of proceed be by original and where the party be  return attach no process lie but a distringa except in trespass way arms in  this case the party be return attach upon the original and no process to  outlawry lie the Act of parliament Geo prescribe a method in case where the  cause of action be under and plaintiff proceed by way of process against the  person but here plaintiff do not proceed by way of process against the person  and after the original return as aforesaid no process against the person can  issue and consequent the party can be serve with process there be also a  exception in the statute Geo as to peer and privilege person who be to be  proceed against as by stat W but that can relate only to case where the  proceed be by way of process against the person and not by method of pone and  distress which be a dilatory method in defendant favour where essoins may be  cast and remain as it be not affect by any of these statute per cur the  statute of marlbridge and Edward do not take away the ancient method of  proceed by original and distringa but where it be return upon the original  that defendant have nothing whereby he can be attach a capias against the  person may be issue and a proceed to outlawry carry on the word of the statute  Geo extend only to proceed by way of process against the person and seem to  admit plaintiff may proceed otherwise as before and it will be hard to say  this clause have repeal the law by implication as to proceed against privilege  person a new method by bill be prescribe by the statute of W but the law not  alter let the rule to show cause why the proceed shall not be stay be enlarge  Corbet for defendant draper for plaintiff