People v. Green

Citations

• 58 Ill. 236

Syllabus

<p>1. Bastabdy—recognizance. Where a party is arrested and brought before a justice of the peace, oil a charge of bastardy, and obtains a continuance to another day for a trial, and enters into a recognizance for his appearance, but fails to appear: under the act of March 3, 1845, that the justice of the peace has poAver to take such a recognizance, and declare it forfeited on the failure of the principal to appear according to the condition of his recognizance,</p> <p>3. Demubbeb—declaration. A declaration in debt on such a recognizance, that fails to aver that there Was a default in appearing before the justice of the peace, and that he had certified the recognizance, with the record of the default, to the circuit court of the county, is had on general demurrer, as these are statutory requirements, essential to a right of recovery. The recognizance being a statutory obligation, its provisions must be complied with, to authorize a recovery.</p>