
    Loflin and another against Fowler.
    Bail are entr-tied to an exo-neretur, where their principal has been con-i0ny’ and pHsonment 'Tñ Kfhif0* slate, for a term of years1.
    
      CJUNES, moved, that an exoneretur be entered on the ’ bail piece filed in this cause. It appeared, that the defend-r 1 x . ant had been indicted and convicted for passing counterfeit money, before the Supreme Court of Vermont, in July last, and was sentenced to the state prison of that state for thirteen years.
    
      Foot, contra.
   Per Curiam.

The defendant has been taken out of the, power of his bail, by the judgment of law ; he is, in this respect, as if he were dead. The motion for an exoneretur ought, therefore, to be granted.

Rule granted. 
      
      
         Vide Cathcart v. Cannon, 1 Johns. Cases, 28.
     