Majority
p. 382The People of the State of New York v, Catherine J. Fisher and ano. (New York Common Pleas, General Term, Filed June 6, 1887.)
Headnote
1. Bail, fobfeitube of—Repayment of money paid on fobfeitube.A person having forfeited her bail by leaving the county, though after-wards returning and giving bail under the indictment found against her since the forfeiture, which is nolle pros’d, is not entitled to the return of the money paid on the forfeiture of the bail.
An application to remit a forfeiture entered on an estreat of a bail-bond, and for restitution to the defendant of moneys paid on the forfeiture.
Leo C. Dessar, for def’t, Fisher; Randolph B. Martine, district attorney.
We fail to see any reason, either in law or equity, why this application should be granted.
Upon the arrest of the accused, she gave bail for her appearance, pending an examination, which she forfeited by leaving the county, and the money asked to be returned was paid on this forfeiture. It is true that after such pay
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ment she returned and gave bail under the indictment which had been found against her while she was a fugitive, and that this indictment was subsequently nolle pros'd; but that is no reason why the previous forfeiture should be remitted, as the fact of the payment of the $1,000 was probably taken into consideration, and the district attorney may well have regarded that as a reason moving to the nolle.