This notice was excepted to ; and it was proved to the court, that Agnew never acted as agent in the cause, though his father had usually acted as such in the absence of the defendant in Virginia; and that neither of them had ratified this act of the special bail. They cited Bauman and wife v. Kimmel et al. determined last week at Lancaster.

The court rejected the deposition, and said the rule in all such cases should be expressed more particularly.