burrow hunt versus Cox Thursday that novemb SC Bl Sci fa against bail may be  sue out after a can sa return though not regular file and short notice to the  bail be immaterial see durn east durn the court unanimous agree that it be  right and necessary to adhere strict to the establish rule of the court relate  to the time and manner of bail surrender their principal the two point chief  dispute in the present case be the fill the return of the can sa against the  principal and the actual surrender of the principal within the limit time the  court consider the can sa against the principal as little more than matter of  form and chief intend to intimate to the bail in what species of execution the  plaintiff determine to proceed and as the leave it in the sheriff office be a  notice to the bail that the plaintiff will proceed against the person of the  defendant it be incumbent upon the bail to search whether any can sa be leave  in the office and that the court will not enter into a examination by  affidavit whether the can sa be actual return or such return actual file  before the issue of the to know facias against the bail and the rather because  it the bail have plead to the to know facias that no can sa be return and file  before the testae of the to know facias such return may have be file at any  time before put in a replication to such plea as to the time and manner of  surrenderingthey hold that a surrender at about half a hour after eleven at  night on the last day which be the last day of the term without a actual bring  the defendant into court which be then rise or before a judge none be  accessible at that late hour in order to have a exoneretur enter upon the  bailpiece be not sufficient though it be so late at night as to render the do  this impracticable and though the defendant be actual deliver to a judge  tipstaff and even lodge in the king bench prison that very night which the  bail swear be the utmost that the very late notice they receive from the  sheriff of the can sa which be return to know to make give opportunity to they  to do their rule to show cause why the proceed against they shall not be stay  and a exoneretur enter on the bailpiece c be discharge with cost for the court  will not meddle with burrow the sufficiency of the time for surrender the  principal because a to know to make have be duly return by the proper officer