
    The People, Pl’ffs, v. Jacob Samuels et al., Def’ts.
    
      (New York Common Pleas, General Term,
    
    
      Filed October 9, 1893.)
    
    Bail—Recognizance—Forfeiture.
    Where the principal after default in appearing for examination is indicted" and afterwards discharged together with his hail in the indictment, the recognizance for his original examination should not be enforced.
    Motion to vacate and discharge a judgment entered on a"forfeited recognizance.
    
      Delancy Nicoll, for the People; M. B. & A. M. Maclay, for petitioner.
   Daly, Ch. J.

I think that the application should be granted. This was a surety for the appearance of a prisoner during examination. After default, the prisoner was indicted by the grand jury and afterwards discharged together with his bail in the indictment. It would seem unnecessary therefore to enforce the recognizance for his original examination.

Bischoff and Pryor, JJ., concur.  