
    Case No. 15,226.
    UNITED STATES v. GOLDSTEIN'S SURETIES.
    [1 Dill. 413.]
    
    Circuit Court, D. Kansas.
    1871.
    Recognizance—Requisites of Validity.
    Bonds to secure the appearance of a person charged with crime must be taken and executed in pursuance of the order of the proper court or officer; and where, in distinct offences, two. bonds, in different sums, were required, one boud for the aggregate amount was adjudged to impose no liability upon the sureties.
    [Cited in U. S. v. Horton. Case No. 15.31)3: U. S. v. Hudson. 65 Fed. 73.]
    [Cited in Roberts v. State. 34 Kan. 151. s Pae. 246.]
    A United States commissioner, on proper complaint and proceedings before him. required a person charged with receiving stolen property of the United States, knowing it to be stolen, to give bail in the sum of $500 to appear at the next term, and the commissioner at the same time, on another charge of like-nature, required the same person to give bail in the sum of $200 to appear at the next term,. &c.; and one bond for $700 was taken; and the principal cognizor having failed to appear, it was declared forfeited. This proceeding; is a scire facias against the sureties.
    51 r. Horton, U. S. Dist. Atty.
    Stillings & Fenlon, for defendants.
    Before MILLER. Circuit Justice, and DILLON, Circuit Judge.
    
      
       [Reported by Hon. John F. Dillon. Circuit Judge, .and here reprinted by permission.]
    
   DILLON, Circuit Judge.

Bonds or recognizances of this character are binding only when taken in pursuance of law and the order-of a competent court or officer. No order was made authorizing a single bond for $700. and the bond taken was a substantial departure-from the bonds required by the commissioner, and was not therefore obligatory on the sureties. State v. Buffum. 2 Fost. (N. H.) 267. Judgment accordingly.

Recognizance 10 secure appearance on criminal charge binding only when in pursuance of order of proper officer. Cited U. S. v. Horton [Case No. 15,393].  