Woodruff v. Penny's Bail

A capias ad satisfaciendum issued against *677Penny on the 26th of November last, returnable on the third Monday of December following and was returned non est inventus.

East’n District. Feb. 1823.

The bail being notified, surrendered the principal in open court. The plaintiff's counsel objected to the surrender, as being too late, after the return of the ca. sa.; but the court was of opinion that the capias, under the act of 1817, should have been made returnable in no less than sixty nor more than ninety days, and could not be legally returned non est inventus, in less than sixty days from the…