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Where a bond containing a penalty is suspended, there is no avoiding finding the letters orderly proceeded for the penalty, unless the suspender pay at the bar; for it may be necessary to use diligence upon the decree, which may exhaust the penalty: But if thereafter payment shall be offered of principal sum and annualrents, together with the necessary expense, and the same shall be refused, it will be the ground of a second suspension.
This is understood inesse in all decrees, finding the letters orderly proceeded for the penalty: Wherefore a petition having been given in against an interlocutor, so far as it found the letters orderly proceeded for the penalty, the refusing whereof simply might have done the petitioner more harm than was intended, the deliverance was, “to refuse in hoc statu, reserving to the suspender, if payment of principal, annualrents, and necessary charges should be offered and refused, to suspend as accords.”
