We cannot receive such counter-affidavit, under the act of assembly, passed 20th March 1724-5. Dall St. Laws, 225. It is analogous to a question of bail, (2 Stra. 1757. 1 Wils. 888. 2 Burr. 2017. 1 Term Rep. 717) in the king’s bench, where when the affidavit of a debt is positive, no contradictory proof is permitted to be given. Neither is it absolutely necessary, though it may be prudent to make such demand in writing under the act.

Motion denied.