Gallagher v. People

Citations

• 88 Ill. 335

Syllabus

<p>1. Recognizance—may he forfeited at succeeding term. Where the cause in which a party is recognized to appear for trial is not tried, but continued by order, or by operation of law, a forfeiture may be declared, even though two terms have elapsed from the term to which the principal was required to appear.</p> <p>2. Same—construed as to requiring appearance at succeeding term. A recognizance, conditioned that the principal shall be and appear before the court, etc., on the first day of the term thereof, to be holden at, etc., to answer unto a certain crime, (stating it,) and abide the order of the court, and not depart without leave, requires the accused to appear on the first day of the next term, and from day to day during the term, and from term to term, and from day to day of each term, until the final sentence or order of the court, to answer the specified charge.</p> <p>3. Same—payment of costs essential to setting aside forfeiture. The statute provides that no forfeiture of recognizance shall be set aside until the accused shall have paid all costs made on the recognizance. An offer to pay is not a literal compliance with this provision; and even if the court has the power to permit the costs to be paid after the entry of a motion to set the forfeiture aside, the statute has made the setting the same aside discretionary.</p> <p>4. Ckiminai law—defendants right to discharge at third term. A defendant in an indictment, under bail, to be entitled to his discharge from bail and proseution at the third term of the court, must appear and demand his trial at such term. Where the record fails to show that the various continuances were had on the application of the People, or that the defendant was present and ready for trial, this court can not say he was entitled to be discharged.</p>