
    JANUARY TERM, 1799.
    Cannon, manucaptor, ads. Cathcart.
    HE principal being confined in the county of Herkimer, on a charge of felony, application was made for. a cmnmittitur to one of the judges of that county in April vacation, 1798, and before the return of the capias again ft the bail, which was refufed. In September following, the principal was convifted, and fentenced to be imprifoned at hard labor in the State-prifon for life.
    On thefe fails a rule was taken to fhew caufe why "-an exoneretur fhould not be entered.
   Per Cur.

It appears that the defendant made a bona fide attempt to furrender the principal before the capias was returnable, and was fruftrated. The principal was afterwards impihoned for life, and even if the furrender had been effeited, it could not have benefited the plaintiff.

Let the defendant take the effeft of his motion on payment of coils.  