People v. Lasher — 34 N.Y. St. Rep. 624

Majority

p. 624

The People, Pl’ffs, v. Luther Lasher, Principal, and John N. Carine, Surety, Def'ts.

(New York Common Pleas,

General Term,

Filed December 1, 1890.)

Headnote

Bail—Recognizance—Forfeiture.

A judgment entered on forfeiture of a recognizance will not be set aside where the certificate of the district attorney does not show that the expenses, if any. incurred in apprehending or recapturing the principal and the costs and expenses of the proceeding to enforce the forfeiture have been paid.

Motion to vacate judgment entered on forfeiture of a recognizance.

Purdy & McLoughlin, for motion; J. B. Fellows, disk att’y, opposed.

Laws of 1882, chap. 410, § 1482, require, as a condition to the granting of this application, that the expenses, if any, incurred in the apprehension or recapture of the principal, and the costs and expenses of the proceedings. to enforce the forfeiture, shall be paid. See also Code of Civil Procedure, § 352.

The certificate of the district attorney in this application does not show that the above requirements have been complied with. On production and filing of a proper certificate this application should be granted.

LALY,-Ch. J., and Pryor, J., concur.