Motion to set aside an affidavit to hold to bail, and discharge the defendant on a common appearance, because the affidavit was taken and sworn to, in the State of North Carolina, before a magistrate of that State.

Ruled accordingly:

[S. P. ruled; and the proper mode of authenticating affidavits made out of the State indicated, in Spragella v. Monte Bruno, 1 Mill, 280.]