
    Fay, Judge, &c. versus Bradley et al.
    
    In an action on an administration bond to recover the balance of an execution issued against the administrator upon scire facias ftor waste, interest was allowed on the debt and costs, and the partial payments were first applied to keep down the interest. The costs of committing the administrator on execution were not allowed.
    A judgment upon a scire facias for waste was recovered against Bradley, and successive executions were issued, upon which he made two several payments in part satisfaction, and for nonpayment of the balance he was committed to jail. The present action was brought against Bradley and his sureties upon the aministration bond, to recover the sum remaining due, and, in making up the judgment, interest was cast upon the damages and costs for which the first judgment was rendered, to the time of the first payment. The excess of the first payment above this interest was then deducted from the principal, and interest was cast upon the balance to the time of the second payment. Then from this balance the excess of the second payment above this last interest was deducted, and interest was cast upon the remaining balance to the time of making up the judgment.
    
    Aylwin, for the plaintiff.
    
      
       See Dawes v. Winship, 5 Pick. 97, note.
    
    
      
      
         See Dean v. Williams, 17 Mass. Rep. 417
    
   The costs of the commitment were not allowed to be included in the judgment.  