Opinion of the Court. It is necessary by the common law, to make profert of writings under seal, so as to place them in the power of the court, to give 'the opposite party oyer if required, and to let the court see if the deed is fair and honest on view. From the statute, it is necessary for the party to have oyer of writings not under seal, on which suit is brought, as he is bound to deny the execution of them, under the plea *28of non est factum, under oath. A copy of the writing on which suit is brought, must be filed with the declaration, and the court can, upon a plea of oyer, compel the production of the original, so that no inconvenience can arise from the want of proferí. There is no error then, on this point. (1)
As to the second point, the court believe it is never necessary to state a consideration in a case on an assigned note, between the maker and the assignee. The judgment of the court below is affirmed, (a) (2)
Judgment affirmed.