
    [*] DEN ex dem. CRANE and ENGLISH against HAMILTON and al.
    Court will not stay execution, to give time to file bail on a writ of error. Such bail must be in double the rent of the lands, and of the costs.
    A writ of error having been presented by the defendants, this term, Leake and Kwing applied to the court, to stay or suspend the execution, on the judgment rendered in the cause, to give time to the plaintiffs in error, to enter into recognizance in compliance with the statute.
    
      L. H. Stockton, contra.
    This would be in direct violation of the act of Assembly, both as to the letter and spirit of the act; which contains an express prohibition to the court, restraining it from staying execution in this case, unless the recognizance shall be entered into. Pat. 846.
    
    
      Leake and Kwing, in reply.
    The act contains no positive injunction, but leaves the discretion of the court over its own process as before. Barnes’ N. 212; 2 Lmpey, G. P. 691.
    
   By the Court.

The act of Assembly lays down, the rule, and is positive. The case in Barnes is not repugnant to this opinion. In that case, the costs were not taxed; the judgment was not complete; we may stay execution until the judgment is complete, by the taxation of costs, but not to give time to put in bail, for that would be delaying it by reason of the writ of error.

Rule refused.

The next day recognizance was taken. The court as to the sum, adopted the English practice, and required double the annual rent, or profit of the land; and also double the the costs. In this case, $276 in all. 
      
      
        Bur. %501; 1 Halst. 473.
      
     