Fowler, manucaptor, ads. Boardman and Hunt

Fowler, manucaptor, ads. Boardman and Hunt. MOTION to stay proceedings on the recognizance, and for leave to enter an exoneretur on the bail piece. It appeared that the defendant was arrested on the recognizance on the 17th of April; that he fell sick on the 21st, and lay ill 10 days; that on the 26th the principal was surrendered by an agent of defendant, he being fo unwell as to be unable to do it personally. It was objected, I. That the surrender was not in time, being after the expiration of the eight days allowed by law; and, II. That here the surrender was made only by an agent of the bail, and not by the bail himself, and so not good because bail cannot depute. [MAJORITY — Per Curiam.] Per Curiam. The sickness of defendant afforded sufficient excuse for not surrendering within the eight days. To the second objection, it appears from the form of the sheriff’s certificate that the principal surrendered himself, and it is to be presumed it was done voluntarily. However if it were now a question we incline to the opinion that special bail may depute ex necessitate. Let the defendant take the effect of his motion on payment of costs.