
    Gilbert and others v. Bulkley and Chaflin.
    
      At Special Term,
    February, 1853.
    The Court may in the exercise of its discretion exonerate hail after the lapse of more than 20 days from the commencement of the suit against them.
    This was a motion for the exoneration of the defendants, as bail, upon their surrender of the defendant in the original suit, and the payment of the costs of the action. It was resisted upon the ground that more than 20 days had elapsed since the commencement of the suit, and that as no further time had been granted, before the expiration of the 20 days, for making the surrender, the bail were fixed beyond the power of the court to discharge them.
    The judges, however, consulted by Oaklet, Ch. J., were all of opinion, that whatever construction they might have been forced to give to § 191 of the Code, had it stood alone, they certainly possessed the discretion, that was denied them, under the general words of § 174, which authorize the court in its discretion, and upon such terms as may be just, not only to allow an answer or reply to be made, but any other act to be done, after the limited time. The surrender of their principal by the bail, was, in their judgment, an act, -vyhich these general words should be construed to embrace.
   There appearing upon the papers sufficient reasons for thus exercising his discretion, the Chief Justice granted the motion.  