
    Van Renselaer against Hopkins, Bail of Shelden.
    ALBANY,
    August, 1805.
    If the writ against bail be returnable so soon after service, that the defendant cannot, from the distance at which his principal resides, surrender’ him in time, the court will enlarge the period.
    EMOTT moved for time to surrender the principal on' an affidavit by the bail stating, that the capias, returnable on the first day of this term, was not served on him till the 22d of July; that Shelden resided YS miles west of him, and he himself near 300 miles west of Albany, to which place it was necessary to send for a copy of the bail-piece, so that it was impossible to make the surrender in due time, That the plaintiff had sued put a fi. fa. against the goods of Shelden, which, the deponent had been informed, and at the time verily believed to be true, was a complete exoneration from his liability.
   Per curiam.

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