Hangsleben v. People

Citations

• 89 Ill. 164

Syllabus

<p>1. Recognizance—setting aside forfeiture. Where a defendant voluntarily-absented himself from the court room to make preparations for procuring the attendance of a witness in his behalf, and while so absent a forfeiture of his recognizance was taken, and the cause continued, and his affidavit made at the next term to set aside the forfeiture did not show there was a necessity for his absence, and no steps were taken to have the order set aside at the term it was entered, it was held,, that the court properly refused to set aside the forfeiture at a succeeding term, and this though the principal cognizor was subsequently, upon trial, acquitted of the criminal charge.</p> <p>2. Same—right of sureties to surrender principal in discharge. Under the present statute, the sureties in a recognizance may be discharged, upon payment of costs, on surrendering their principal at any time before default upon the bond or recognizance. The surrender must be made before judgment of forfeiture is entered, except it is prevented by the act of God.</p> <p>3. So, on scire facias upon a recognizance, a plea that the sureties in the recognizance surrendered their principal after the forfeiture thereof, and before the issuing of the scire facias thereon, is bad on demurrer.</p> <p>4. Evidence—judicial notice. A court will take judicial notice of its own records, without proof that they are such.</p>