We proceed by general rules, to which every case must apply. It is settled, that a writ of estrepement does not go of course, but must be grounded on an affidavit of actual waste done, or permitted. If such waste shall be committed in the vacation, apply to a judge of the court, and upon a rule to show cause, and a proper affidavit made, he will direct the rule that such writ shall issue.

Motion denied.