State v. . Edney

In support of the plea, "nul tiel record," the defendant takes three grounds. This Court is of opinion that neither is tenable.

1. "The judge had no power to authorize the justice of the peace to take the recognizance."

When a judge, in a proceeding initiated before him, adjudicates that the party is entitled to be discharged on giving bail, and fixes the amount, it has long been the practice in this State, if the party be not prepared with sureties, for the judge to authorize one or more justices of the peace, named by him, to take the recognizance; and recognizances so taken have heretofore,…