
    CONSTITUTIONAL COURT,
    COLUMBIA,
    APRIL, 1805.
    Atkinson v. Martin.
    After a decree entered on a sum. pro. it is too late for the bail to the •sheriff to enter himself as special bail, and surrender his principal.
    On sum, process, before Wilds, J. in Newberry district. After a decree was made for the plaintiff, the bail to the sheriff, for the appearance of the defendant, moved for leave to enter himself special bail, in order to intitle himself to surrender the deiendant, in his own discharge; which was refused. The motion in this court, was to correct the decision of the district court on that point.
   But the court,

(Grimke, Waties, Bay, and Brevard, Justices,)

being of opinion, that the bail to the sheriff, after a decree entered en sum. process, which is the only judgment which is ever entered up, or signed, in such case, cannot be admitted to become special bail, and be intitled to surrender, refused the motion.

Note By A. A. 1785, P. L. 369, bail to the sheriff may, at any time before judgment signed against their principal, come in and enter themselves special bail. By A. A. 1769, P. L.270, the judges are authorized to determine, m a summary way, on petition, all causes not exceeding'^*) in value, and give judgment. The usual judgment is by a decree, given by parol in court, and entered on the minutes by the clerk, instanter, in court. By A A. 1793, it is declared, that decrees on s.um. pro. duly docketed, shall be effectual to bind lands, &e., as other judgments.-  