
    Thomas Bartlet versus Richard Falley.
    
      Practice. Where bail would surrender the principal before judgment upon scire facias, the costs of the scire facias must first be paid.
    Where bail has surrendered the principal upon 3cire facias, and he is committed, the plaintiff is entitled to an alias execution, on which to charge the principal, although more than a year has elapsed since the return of the former execution.
    This was a scire facias against the defendant as bail of Frederick Falley, and was entered by appeal from the Common Pleas at the last May term, in this county.
    
      Ashmm, for the defendant,
    moved to deliver up the principal in discharge of his bail.
    
      Gold, for the plaintiff,
    opposed the motion, because the costs which had arisen upon the scire facias had not been paid.
   *By the Court. The bail are not discharged by the [ * 374 ] statute , until the costs are paid.

Gold then objected that more than a year had elapsed since the return of the last execution against the principal, so that if he was committed upon this surrender, it would be useless to the plaintiff, as he could not now purchase an alias or pluries execution, on which to charge the principal .

The Court directed the clerk to issue a new execution upon the plaintiff’s application, observing that this was not within the intention of the statute. 
      
       Stat. 1784. c. 10. § 2.
     
      
      
        Stat. 1783, §. 57.
     