Rice v. Carnes
8 Mass. 490
Mass.
1812
Check Treatment
Curia.

As final judgment has been rendered, in the action, the bail cannot surrender his principal in Court. If the plaintiffs neglect to sue out their execution, and obtain a return thereof, so as that their scire facias be not served upon the bail within a year from the rendition of the judgment, * the bail will be discharged of course; if execution is sued out, the bail may surrender the principal to the officer having charge of it; or he may wait the return of the scire facias, and then make the surrender in Court.