The Court quashed the writ, because if bail can ever be required on a penal statute where not expressly allowed by the statute, on which point the court did not intimate an opinion, the plaintiff to be entitled to bail must have an order of the court or a judge unless the statute otherwise expressly provide; and by the 18th see. of the practice act, Rev. Laws 415, the first process in personal actions when the plaintiff is not entitled to bail shall be a summons.