Bailey v. Warden — 20 Johns. 129

Majority

p. 129

Bailey against Warden.

Headnote

A Sheriff cannot be bail in an action in this Court*

MOTION to set aside a justification of special bail. It appeared that the Sheriff of the county of Steuben, together with another person, had become special bail for the defendant, on the return of the writ of habeas corpus cum causa, in this cause; and that both of them justified before a com~ missioner.

We have decided that an attorney is not good bail, if excepted to; and, for the same reason, we think a Sheriff ought not to become bail; and such is the rule of the English Courts, which do not allow any person concerned in the process of the Court to become bail. We, therefore, grant the motion,^[1]

Motion granted.

(a) (a) Vide 1 Dunl. Pr. 171. Str. 890. Doug. 466. 2 Bos. & Pull. 150. 15 Johns. Rep. 535 .