
    John Rice and Another versus John Carnes.
    After final judgment, bail cannot surrender their principal m Court.
    Judgment having been rendered for the plaintiffs at the last term, and they having neglected to sue out their execution thereon, Ephraim Locke, the bail for the defendant, brought him into Court and Hubbard, in behalf of the bail, moved the Court to order the defendant into custody, or otherwise direct, so that he, the said Locke, might be saved harmless from the condition of the bail bond.
    
      Savage for the plaintiffs.
   Curia.

As final judgment has been rendered, in the action, the bail cannot surrender his principal in Court. If the plaintiffs neglect to sue out their execution, and obtain a return thereof, so as that their scire facias be not served upon the bail within a year from the rendition of the judgment, * the bail will be discharged of course; if execution is sued out, the bail may surrender the principal to the officer having charge of it; or he may wait the return of the scire facias, and then make the surrender in Court.  