case sir John Walrond against jacob senior Henry van moses one of the bail be  a material witness for the defendant and therefore he move that new bail may  be put in but it be deny a motion be make for leave to change the bail in this  cause on the very day that it be to be try by nisi prius because one of they  be a very material witness for the defendant the counsel for the plaintiff  object against it videlicet that the bail shall not be change because the  principal be run away and the bail have offer a hundred pound reward to any  person who shall bring he in beside the new bail now offer instead of the  former be bail to a modern report action upon a SouthSea contract in which the  plaintiff have a verdict for thirteen thousand four hundred pound so the  plaintiff in this action can tell what they may be worth after the payment of  that sum the court if the bail surrender the principal they shall be admit to  put in new bail and then the old bail may give evidence at the trial but the  bail now offer be bail in another action for a considerable sum and a verdict  against the principal the plaintiff in this action can have timely notice to  inquire into their circumstance therefore the court will not force new bail to  the action but the old one must stand notam at the trial of this cause a case  be cite that trover lie in England for timber take away and convert in Ireland  and this be by the opinion of the late modern report er p chief justice holt  though it be object that it may bring the title of land in Ireland in question  which can not be try here but be answer that as trover be a transitory action  it may be bring here for a conversion in Ireland nor shall any incident  question which may arise on the same bar the plaintiff of such action for if  it shall then a person be in England can have no remedy here when the  defendant be guilty of a trover in Ireland and come from thence into this  kingdom all which be now offer in answer to a question make whether a action  lie here on a contract make in holland and the case of brown v Hodges salk pl  a be cite which be trover bring here and upon not guilty plead it appear that  the defendant be tenant by the courtesy in Ireland and have cut down tree  there and that the reversion belong to the plaintiff and upon a case make for  the opinion of the court it be resolve that in all local action as in trespass  quare enclosed space to break in pieces the plaintiff can prove a trespass  anywhere else but where it be lie in the declaration nor lie it in any other  place but where it be do but that it be otherwise in transitory action as  trover c therefore the plaintiff may lie the conversion here and prove it be  do in Ireland notam also that in the principal case it be now resolve that a  copy of a agreement register in holland and attest by a public notary there  may be give in evidence for the now defendant especial since be prove that the  plaintiff take out another copy of the same agreement and will not now produce  it therefore that copy which the defendant have take out be give in evidence  for it be plain that modern report the plaintiff know the agreement he have  take a copy thereof so can not be surprise notam also that at the same time  the court hold that a plaintiff who be in holland may make affidavit there and  get it attest by a public notary and that it shall be admit as evidence to  hold the defendant to special bail here