State v. Cunningham

We think the Judge did not err in refusing to discharge the surety on the appearance bond.

The accused was, in legal contemplation, delivered over to the custody of his surety. The surety became his jailor. He had a right to take and surrender him in discharge of his liability at any time before the forfeiture of the bond, and he is responsible for not having done so.

It does not appear that he was unable to procure a warrant from the court in season, had such an authority been necessary.

But the better opinion is, that a warrant was unnecessary to protect the bail in arresting his principal.…