
    Jonas Parker, versus Abiel Chandler.
    It is not a sufficient excuse for bail not surrendering their principal, that he is confined in the state’s prison.
    Scire facias against the defendant, as bail of one Jonathan Sprague. It was agreed that the defendant was chargeable, unless the said Sprague’s having been confined in the state’s prison, on a sentence for passing counterfeit bank bills, was a sufficient excuse for the defendant’s not surrendering him; and the Court observing that nothing but the act of God can excuse in the case of bail, the defendant suffered judgment to go against him by default.
    
      Ward for the plaintiff.
    
      H. Adams for the defendant.
     