The surrender came too late. The statutory limitation is imperative, and has been so declared in decisions which have been accepted without question for nearly a hundred years. Scovell v. Holbrook, 22 N. H. 269; Symonds v. Carleton, 43 N. H. 444, and cases cited; Head v. Clarke, 45 N. H. 287.

The measure of damages is fixed by statute. The plaintiff in a. suit upon such a bond is to recover “his just debt or damages and costs-thereof, with ten per cent interest from the time of the arrest, with costs.” P. L., c. 347, s. 9.

Case discharged.