Weese v. People
Illinois Supreme Court
APPEAL PROM KNOX. This was a scire facias upon a recognizance tried in the Knox Circuit Court, before Thompson, Judge, at the October term, 1857. The recognizance was entered into on the 13th day of February, A. D. 1856, before the Circuit Court of Fulton county.
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APPEAL PROM KNOX. This was a scire facias upon a recognizance tried in the Knox Circuit Court, before Thompson, Judge, at the October term, 1857. The recognizance was entered into on the 13th day of February, A. D. 1856, before the Circuit Court of Fulton county. An indictment for arson was pending in that county, against Weese, and the recognizance was entered into by Samuel Weese, as principal, and William S. Weese, as surety, in the sum of $1000, conditioned for the appearance of Samuel Weese, before the Circuit Court of the county of Knox, on the fourth Monday of April next, “ to await…
1Opinion of the CourtWalker, J.
The first question presented by this record for our consideration, is, whether the surrender of the principal in a recognizance by Ms security, and the discharge of the security, releases the principal from the effect of a forfeiture of his recognizance. The doctrine seems to be well settled that courts have no common law power to relieve against forfeitures of this kind. Pate v. The People, 15 Ill. R. 223, and the authorities cited. At common law, by the forfeiture the debt became absolute, and courts could not relieve until the power was given by statute of 4 Geo. 3, ch. 10, which has never…
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