
    Cathcart against Cannon, Manucaptor, &c.
    
    Where bail are relieved, on payment of costs, this is a condition which they must offer to perform, without waiting for a demand from the plaintiff, or a tender óf a bill of costs.
    At the last January term, the defendant was exonerated as special bail, on payment of costs, which not having been paid, the plaintiff proceeded.
    
      Burr
    
    now moved to have the proceedings stayed; on the ground, that as the costs had never been demanded, nor any bill exhibited, there was no neglect on the part of the defern dant.
    
      
      i) S. C., C. C. 80.
    
   Per Curiam.

The rule for the relief of thé bail, in January term, was conditional, and it . was the duty .of the defendant to have sought the plaintiff, and paid the costs to him, without waiting for a demand, or tender of a bill. He can only be relieved now, on paying instanter the costs, ordered at the last January term, and also the costs of the subsequent proceedings, and of resisting this application.  