
    WINDHAM, ADJOURNED SUPERIOR COURT,
    DECEMBER, A. D. 1783.
    County Treasurer v. Bissel.
    In a bond for prosecution, the imprisonment of the principal will not exonerate tlie bail.
    So ire Facias on a bond for prosecution, given by said Bissel upon praying out a writ, in which one Bobbin a negro man was plaintiff; setting forth in the scire facias, the judgment and execution, recovered against said Robbin for cost; and also a commitment of said Robbin to gaol on said execution, and that he had taken the poor prisoner’s oath, and gone out.
   To this declaration a demurrer was given, and the judgment of the court was — That the declaration is sufficient, for the bond given for prosecution at the praying out of a writ, is to secure to the defendant his cost, and nothing' but actual payment of the cost will exonerate the bondsman.  