The fact of insolvency, if we are authorized to extend the provision of the statute, on principles of equitable construction, is not sufficiently made out. Though insolvent in 1820, the time to which the affidavit relates, Sparks may be quite otherwise in 1827, when this suit was commenced. In a case reported in Penn. Rep. 866, this court overruled an application for security for costs, one of the several lessors of the plaintiff being a resident in the state.

Motion overruled.