The liability of these defendants to be charged as bail depends upon the validity of the bond executed by them. This bond was given to the deputy sheriff who arrested the defendant in the original suit. Such bond is clearly invalid in law, either under the English St. 23 H. 6, c. 9, or under our Rev Sts. c. 91, § 1. 2 Saund. 59, note. Smith v. Adams, 12 Met. 564.

Judgment for the defendants.