
    Cannon, manucaptor, ads. Cathcart.
    
    IN January term last, the defendant, as special bail, was relieved, and an éxoneretur was ordered to be entered, on payment of costs. The costs not having been paid, the proceedings went on ; and now it was moved by Burr to have him relieved, on the ground that costs never having been demanded, nor a bill exhibited, there was no neglect on the part of the defendant in not having paid them.
   Per Curiam.

The discharge ordered at last January term was conditional, and it was the duty of the defendant to have paid the costs to the plaintiff, without waiting for a demand, or the tender of a bill. If he is relieved now, it must be on payment, instanter, of the costs ordered last January term, and also the costs of the subsequent proceedings, including the costs of resisting this application.

Let him take the effect of his motion on those conditions.  