This was an action by Aston and Coffin. against Dowdel and ¡Nugent. The plaintiffs, instead of filing a declaration, merely filed á note under seal for the payment of a certain sum of money as the cause of action. Upon the calling of the cause, the defendants moved the Court to dismis* *407it for the want of a declaration. The Court overruled the motion, and gave judgment for the plaintiffs below.

The only question in this cause is, whether it is necessary, under the statute of 1833, to file a declaration in an action on a writing under seal for the payment of money? It appears to us, that the statute must be confined in its operation to promissory notes; that is, notes not under seal. The statute, in the commencement, speaks of bills or notes; but in a subsequent clause, the meaning is restrained by the reference to promissory notes alone. The remedy is a new one, unknown to the common law, and the statute cannot claim a liberal construction, Bac. Abr. tit. Statute. The judgment must be reversed.

The judgment is reversed with costs. Cause remanded, with leave to file a declaration, &c,