Commonwealth v. Harvey

Citations

• 36 Pa. Super. 235
• 1908 Pa. Super. LEXIS 144

Syllabus

<p>Recognizances — Bond—Forfeiture—Appeals—Certiorari—Record.</p> <p>An appeal from an order of the quarter sessions discharging a rule to show cause why the forfeiture of a recognizance should not be remitted,- and the judgment stricken off, cannot be treated as an appeal under' the Act of December 9, 1783, 2 Sm. L. 84, but rather as a substitute for a certiorari, and any application to strike off the judgment can only be sustained on the ground of irregularity appearing on the record.</p> <p>The fact that the grand jury returns “no true bill,” and that on the day of the forfeiture, the case is continued in open court to the next term, with leave to again submit it to the grand jury, does not work-a discharge of the defendant. It is clearly his duty when called in open court, the term not having expired, to appear and renew his recognizance, or surrender himself into the custody of the sheriff. If he fails to do either it is within the discretion of the court to refuse to remit or modify the forfeiture.</p>