Chilton v. People ex rel. Jones

Citations

• 66 Ill. 501

Syllabus

<p>1. Bastabdy bond—what is a breach of. Where one on a charge of bastardy entered into a bond for his appearance at the next term of$ the circuit court to answer the charge, which provided that he should “ not depart the court without leave,” and he fled without leave, after a trial was had finding him guilty and requiring him to give security: Held, that this was manifestly a breach of the condition of the bond.</p> <p>2. Same—void if not mdei' seal. The statute requiring a bond to be taken for the appearance of the defendant in a prosecution for bastardy, k writing without a scroll or other indication of a seal is not a compliance with the law, and is not binding upon the obligors.</p> <p>3. Bond—what is. A bond is defined to be a deed, and the word, ex vi twmini, imports a sealed instrument. The fact that the writing contains the words “ sealed with my seal,” etc., when there is no seal or scroll attached, will not make it a bond or sealed instrument.</p> <p>4. Yabiance—oyer aeid demv/rrer for. Where an action of debt is brought upon an instrument which is declared on as a bond or sealed instrument, and the writing produced on oyer has no seal, the variance is fatal and may be taken advantage of on demurrer.</p>