Seaver v. Genner

—The defendant in this case was arrested under subdivision 3 of section 1T9 of the Code. His sureties failed to justify, and the sheriff, therefore, became his bail. This is by section 201 of the Code, and as held by Justice Ingraham in Santos a. Marceques (9 How. Pr. R., 188).

The sheriff has, therefore, all the rights of bail, and the same rights as though he was the bail and had justified.

One of the rights thus secured to the bail, by section 188 of the Code, is to surrender their principal. That the sheriff has done here by the rearrest of the defendant, his principal; and that he can do…