The sickness of the 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.