
    *Robert Hamilton and Hugh Elliot against John M. Taylor, special bail of Edward Fox.
    No one shall suffer by the mistake of the clerk; therefore bail was relieved, where the principal offered to surrender himself in due time, but was prevented by the scirefacias being entered as of a prior term.
    ■ The scire facias in this cause was tested on the 19th March 1791, returnable to the September term following; but, by a mistake in the prothonotary’s office, was entered in the docket as of March term 1798. It appeared by the affidavit of Fox, the principal, that he attended on the return day of the scire facias, to surrender himself in the discharge of his bail; but that Mr. T. Ross, the attorney of the plaintiffs, informed Mr. J. M'Kean, his attorney, that he came too late, and on inspection of the docket this appeared to be the case. A judgment was afterwards entered, a fieri facias issued, which was returned executed, and a venditioni exponas issued thereon. A rule was obtained to shew cause, why the judgment should not be opened and the executions set aside; against which Mr. Ross now objected, that the application should not now succeed. The defendant had been guilty of negligence. He knew when the scire facias was served on him, and should have applied to the court at the following term. He could be led into no error by the mistake in the office. The rules as to bail are strict, and should be adhered to. If the principal dies between the return of the ca. sa. and the second scire facias, the bail cannot be relieved. 1 Stra. 5x1. Cro. Jac. 165.
   By the Court.

It is a general rule, that no one shall suffer by the mistake of the officer of the court. Besides it is sworn •here that the plaintiff's attorney led to the mistake; and that opinion would be fortified by an examination of the record.

Let an exoneretur be entered, On payment of the costs on the scire facias.  