The practice has been for the plaintiff to have his option, either by proceeding here, or taking a procedendo.

Habeas Corpus is a common law, not statutory writ.

The statute requires bail for the plaintiff’s security, which he may waive and proceed here. So also in many cases of Certiorari, the act is equally imperative in requiring security.

Cited in Vanatta v. Morris Canal and Banking Co., 2 Harr. 159