The act for the relief of special bail, (24 sess. c. 186.) requires the scire facias on recogni [*319] sance against bail, to be served personally, unless the party shall have removed out of the state. As the ball had removed from the county of Rensselear, he could not be sued in the common pleas. ~1 he suit must, therefore, of necessity, be brought in this court.

Motion