Shattuck v. People

Citations

• 5 Scam. 477

Syllabus

<p>Error to Madison</p> <p>1. Recognizance — requisites and effect. The statute of Illinois requires every recognizance that has any relation to criminal matters to be taken to the people of the state, and when not entered into before a court of record to be signed by the party acknowledging it. No particular form is prescribed; no priority in pay ment is alio wed; and before the estate of the recognisor is bound by it there must be not only a failure to perform the condition, but an award of execution for the penalty, in the proceeding by scire facias, or the recovery of a judgment for the penalty, in an action of debt. The recognizance does not, per se, become a lien on the property of the person entering into it, but whether it is to operate as such depends entirely upon legislative enactment, (a) </p> <p>2. Same — bond in lieu of. A bond taken before two justices of the peace, conditioned for the appearance of the principal obligor at the next term of the circuit court, is a sufficient compliance with the statute requiring the accused to enter [*478] into a recognizance; and such bond is valid as a recognizance, anda scire facias may be issued thereon.</p> <p>3. Same — words absent, not vitiate. The words “ to be levied of your goods and chattels, lands and tenements,” in a recognizance, are a mere matter of form, and may be omitted without impairing the legal effect of the instrument.</p> <p>4. Same — words of like effect. There is no difference in their legal effect between the words “ is held and firmly bound ” and the words “ owes and is indebted.”</p> <p>5. Same — sta'ing offence. Where a person is recognised to appear at a circuit court to answer a criminal accusation, none of the proceedings before the magistrate but the recognizance of the accused and of the witnesses on the part of the prosecution are required to be sent up to the circuit court. The recognizance stands by itself, and it is only necessary that it should set forth substantially the off-nc