People v. Clary
New York Supreme Court
Suit on a criminal recognizance. The declaration was on a recognizance entered into by the defendants on the 9th April, 1834, as the sureties of one Martin C. Hill, conditioned for the appearance of Hill at the then next Albany general sessions, to answer to certain indictments pending against him for obtaining goods by false pretences, to abide the order of the court and not depart, &c.
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Suit on a criminal recognizance. The declaration was on a recognizance entered into by the defendants on the 9th April, 1834, as the sureties of one Martin C. Hill, conditioned for the appearance of Hill at the then next Albany general sessions, to answer to certain indictments pending against him for obtaining goods by false pretences, to abide the order of the court and not depart, &c. The declaration was, that at the next general sessions, to wit, on the 19th June, the recognizance was respited until the next court of oyer and terminer, to be held in and for the county of Albany, on the…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
A principal who has been admitted to bail is in the custody of his sureties, who are considered his keepers, and if they fear an escape, may re-seize and bring him before a magistrate or the court by whom he may be committed, and thus the bail be discharged from their recognizance; he is still, however, at liberty to find new sureties (1 Chitty’s Cr. L. 85; Hawkins P. C., b. 2, ch. 15, §3 and 84; Pelersdorff on Bail in Cr. Cases, 515). So the bail may force the principal to appear according to the condition of the recognizance. Ibid. Serjeant Hawkins states, §84,…
2Cited by6 opinions
- Commonwealth v. TeevensMassachusetts Supreme Judicial Court · 1887
- Mishler v. CommonwealthSupreme Court of Pennsylvania · 1869
- Lang v. PeopleMichigan Supreme Court · 1866
- Commonwealth v. Czemerda, Pennsylvania Court of Common Pleas, Westmoreland County1928
- People v. GreeneNew York Supreme Court · 1843
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