
    
      Van Rensselaer v. Hopkins, Bail of Shelden.
    
    EMOTT moved for time to surrender the principal on an affidavit by the bail stating that the copias, returnable on the first day of this term, was not served on him till the 22d of July ; that Shelden resided 75 miles west of him, and he himself near 300 miles west of Albany, to which place it was necessary to send for a copy of the bail-piece, so that it was impossible to make the surrender in due time. That the plaintiff had sued out a fi. fa. against the goods of Shelden, which the deponent had been informed, and at the time verily believed to be true;, was a complete exoneration from his liability.
   Per Curiam.•

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