
    *Ellis against Hay.
    
    Bail have eight-days in term after the return of the capias against them, within which to surrender their principal, and an application • for leave to surrender before the expiration of that term, is unnecessary and . premature. -
    The ■ defendant was sued as the special bail,- or manucaplor of I. S. and the. capias against him, on which he was taken, was .returnable on the last day of the.preceding, term, - .
    Wilkins, on behalf of the defendant,
    moved for leave to surrender the principal, and to stay the proceedings in this, suit, on the usual terms.
   Per Curiam.

The application • is premature. The defendant, by the practice of the court, has a right to surrender-his principal, until eight days in term have elapsed after the return of the writ. This, being the first day of the term,. the defendant does not stand in need of our interference to make the surrender. If that be made in time, the proceedings m this suit will be stayed of course, on.a proper application for the purpose.

Rule granted. • 
      
       See Strang v. Barber & Griffin, supra, p. 329, and. n. (b)
     