WALKER v. LEWIS

A paper purporting to be a bail bond and having all the forms of one except a seal, will not, on the plea of nul tiel record, support a sci. fa. calling on those who signed it to answer as bail.

PER CURIAM.

This is a fatal variance. The sci. fa. states a bail bond as the ground of this proceedings, and by the act the sci. fa. can only issue to charge them as bail when they have executed a bond, and that is returned and filed amongst the records of the court. Laws 1777, ch. 2, secs. 16, 18, 19. Here it wants a circumstance material to the essence of a bond.

The Court adjudged there was no such record.