
    R. Peter v. John Suter.
    Upon surrender of the debtor upon a ca. sa. the Court will not, without motion, order him to be committed in execution.
    Judgment, at December, 1804. Ca. sa. issued and sent to D. Peter, returnable to this term. The principal surrendered in discharge of his bail.
    
      Mr. Mason, for the plaintiff,
    was absent; no notice had, been given.
    
      Mr. Caldwell then appeared for plaintiff,
    and prayed him in commitment, and he was committed.
   The Court

received the surrender of the debtor, and refused to order him into commitment, the plaintiff not having prayed it.  