
    Parker against Tomlinson.
    If the principal be surrendered, pending the suit by scire facias, against the bail, an exoneretur will not be allowed, until the costs of the proceedings against bail are paid.
    This was an action of scire facias, on recognizance against bail. Pending the sci. fa. and before the plea, the principal surrendered, within the timé allowed, and the question was, whether the exoneretur was to be entered with, or without payment of costs.
   Per Curiam.

The proceedings stay ex gratia; and it is reasonable that the costs should be paid before the bail are exonerated.() 
      
      (a) See Grah. Pr. 2d ed. 822. 2 R. S. 613, § 3.
     