The bail in this case is fixed by the law *24.9] under * the express terms of his recognizance. He was J either to surrender the original debtor in six months, or pay the money adjudged. Though the recognizance is said to be in the nature of special bail, it is not to be such in all things. We apprehend this to have been the constant usage under the act of 1745. Eet the judgment of the justice be affirmed.