United States v. Sureties
U.S. Circuit Court for the District of Kansas
A United States commissioner, on proper complaint and proceedings before him. required a person charged with receiving stolen property of the United States, knowing it to be stolen, to give bail in the sum of $500 to appear at the next term, and the commissioner at the same time, on another charge of like-nature, required the same person to give bail in the sum of $200 to appear at the next term,. &c.; and one bond for $700 was taken; and the principal cognizor having failed…
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A United States commissioner, on proper complaint and proceedings before him. required a person charged with receiving stolen property of the United States, knowing it to be stolen, to give bail in the sum of $500 to appear at the next term, and the commissioner at the same time, on another charge of like-nature, required the same person to give bail in the sum of $200 to appear at the next term,. &c.; and one bond for $700 was taken; and the principal cognizor having failed to appear, it was declared forfeited. This proceeding; is a scire facias against the sureties.
1Opinion of the Court
DILLON, Circuit Judge.
Bonds or recognizances of this character are binding only when taken in pursuance of law and the order-of a competent court or officer. No order was made authorizing a single bond for $700. and the bond taken was a substantial departure-from the bonds required by the commissioner, and was not therefore obligatory on the sure*1355ties. State v. Buffum. 2 Fost. (N. H.) 267. Judgment accordingly.
Recognizance 10 secure appearance on criminal charge binding only when in pursuance of order of proper officer. Cited U. S. v. Horton [Case No. 15,393].
2Cited by7 opinions
- State v. HinesSupreme Court of Oklahoma · 1913
- United States v. HudsonDistrict Court, W.D. Arkansas · 1894
- United States v. SauerDistrict Court, W.D. Texas · 1896
- City & County of San Francisco v. HartnettCalifornia Court of Appeal · 1905
- County of Merced v. ShafferCalifornia Court of Appeal · 1919
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