People v. Flynn — 7 N.Y.S. 661

Majority

p. 661

People v. Flynn et al.

(Common Pleas of New Pork City and County, General Term.

December 2, 1889.)

Headnote

Bail—Judgment on Forfeited Recognizance—Vacation.

A forfeited recognizance will be discharged, where it appears that the default was caused by the prisoner’s removal from his former place of employment and residence; that his security did not know of the default till after the forfeiture; and that the prisoner was afterwards convicted, and the fine paid; and it does not appear that the people lost any rights by the delay.

Application to discharge a judgment and forfeited recognizance, in which Patrick Flynn was principal and Patrick J. Carroll surety.

Argued before Larremore, C. J., and Daly and Van Hoesen, JJ.

J. R. Fellows, Dist. Atty., for the People. William J. Nicholson, for defendants.

This was a prosecution, under the excise law, for keepin'g open on Sunday a place duly licensed for the sale of spirituous liquors, at 50 Butgers street. The recognizance was forfeited on the 25th March, 1889, and the reason of the prisoner not being present on that day, when his case was called, was due to his removal from his former place of employment and residence, and that his security did not ascertain the fact of his non-appear-once until subsequent to the forfeiture. On August 6, 1889, the surety produced the principal in court, who was thereupon tried for the offense, found guilty, and sentenced to pay a fine of $30, which has been paid. It does not appear that the people have lost any rights by reason of the delay. The application should therefore be granted.