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Canby v. Griffin

3 Del. 333 3 Harr. 333 Court Del. Super. Ct. English

Delivered by Harrington, Justice.

Contents

Majority

p. 333
SAMUEL CANBY vs. JACOB R. GRIFFIN.

Headnote

Exoneretur entered on a bail piece, on motion, the principal having been convicted of a felony, and imprisoned for that crime. •
Capias case. Cepi corpus and bail bond.
The defendant appeared and was delivered to John W. Layton his special bail; and afterwards, before the trial term, and before surrender, he was convicted of a felony and imprisoned in another county.
On motion of J. A. Bayard for the special bail, suggesting that Jacob R. Griffin had been convicted by this court at its late session in Kent county, of the crime of kidnapping, and sentenced by the court to four years imprisonment, rule on plaintiff to show cause why an exoneretur should not be entered on the bail piece.
On the rule coming up for hearing, Mr. Bayard urged that Griffin was civilly dead: that by the act of the court itself, the court had put it out of the power of the bail to surrender his principal, and he 1 supposed the exoneretur would be entered of course. ’
Gilpin, Attorney-general, for plaintiff,
could not consent to the ex-loneretur, but submitted the matter to the decision of the court.
J. A. Bayard, for the bail.
Gilpin, contra.

Per Curiam:

Bail may be discharged by the act of God, [as the death of the principal; or by the act of the law, as by the con[viction and transportation or imprisonment of the principal for felony, [which puts it out of the power of the bail to surrender him. (Petersdorf on bail, 395.) • And the court will enter an exoneretur even iffiere they would not grant a habeas corpus to bring up the body. (Wood vs. Mitchell, 6 Term Rep. 24; Fowler vs. Dunn, 3 Burr. 2034.) Jut in Vergen’s case (2 Strange 1217,) who was convicted of a felony and pardoned on condition of transportation, and who had also jiven bail in a civil action depending against him, a habeas corpus fas granted, and he was transferred from the sheriff to the marshall |n discharge of the bail, and immediately returned to the sheriff. Even vhere the habeas corpus has been refused as an improper interference with the criminal commitment, an exoneretur has been entered |n favor of the bail.

Rule absolute.