START against ROBINSON & RUBLEE

No. 1. START against ROBINSON & RUBLEE. Franklin, 1819. $. Writ will not abate, because the plaintiff, not being a'freeholder, is the only person recognized for costs. PLEA in Abatement, that plaintiff was not a freeholder, at the time of praying out the writ, arid was fhe only person recognized for costs. Wetmore• for defendant. The former decisions of this Court, that a plaintiff might be recognized alone, were founded on the 45th section of the Judiciary Act, relating to attachments, and do not apply to this case, where plaintiff was not & freehold Aer; which comes under thé 44th section. [MAJORITY — But by the Court.] But by the Court. The two sections are similar; in both cases, security shall be given, to the satisfaction of the authority signing the process; such authoriiy is the sole judge, for the purpose of issuing the process, of the security he takes, and whatever security he deems satisfactory must answer the lawn Judgment, Defendants answer over. IYo-vk. — The writ in this case issued previous to the Statute of 1818 oa this subject. Page 75.