Norfolk v. People

Citations

• 43 Ill. 9

Syllabus

<p>1. Recognizance—sai. fa.—continuance. In case a term of court is not held at the regular time, recognizances, like other proceedings, stand continued to the next term.</p> <p>2. Same—demurrer—terms of court. A demurrer to a recognizance only reaches matters appearing upon the record, and not matters outside of and not presented hy it. The court cannot know judicially, on a demurrer, that a regular term of court was not held, or that a Special Term was held. The terms being fixed by law, it will be presumed they were held, and if not, the fact should be averred and proved, and so of holding a Special Term.</p> <p>8. Same—forfeitu/re. Under our statute the people are not bound to take a forfeiture at the first term, but if it is continued, a forfeiture may be had at a subsequent term. If the sureties wish to terminate their liability they have the power to do so, by surrendering their principal at the return term or in vacation. If court is not held at the term to which the recognizance is returnable, or if the cause is continued, a forfeiture may be subsequently had, and such an objection is not ground of demurrer.</p>