The defendant was bail for one Benjamin Turner, and having died since the service of the scire facias upon him, administration of his estate had been committed to Elijah Fiske, who, having been admitted to defend in this action, moved for leave to surrender Turner, in discharge of the bail bond. The motion was granted, and Turner was committed in order to his being charged in execution, according to the statute of 1784, c. 10, § 2.