delivered the Opinion of the Court :

On mesne process the Sheriff may, but is not obliged to raise the posse. It cannot be presumed, that where the party is bailable, the writ will be resisted ; but if it is resisted, and the Sheriff kept off by force of arms, we cannot think he is liable to the Plaintiff;!because he had not ' , , , , , the posse comitatus, at his back‡

New Trial refused.