
    
      Cannon, manucaptor, ads. Cathcart.
    THE principal being confined in the county of Herkimer on a charge of felony, application was made for a committitur to one of the judges of that county in April vacation, 1798, and before the return of the copias against the bail) which was refused. let September following, the principal was convicted, and sentenced to be imprisoned at hard labor in the state-prison for life.
    On these facts a rule was taken to show cause why an exoneretur should not be entered.
   Per Curiam.

It appears that the defendant made a bona Jide attempt to surrender the principal before the copias was returnable, and was frustrated. The principal was afterwards imprisoned for life, and even if the surrender had been effected, it could not have benefited the plaintiff.

Let the defendant take the effect of his motion on payment of costs.  