
    CROY ET AL. v. OHIO.
    Sureties of the peace — bond for, good at'common law — bill of exceptions.
    Where a bond has been given on a complaint, for sureties of the peace, it is not void, but good as a common law bond, the condition not being against law or good morals, but in furtherance of both.
    A bill of exceptions, signed J. Wiley, pro tern., without showing that he was a judge, or without the signatures of a ma/joriiy, or quorum of the court* is a nullity.
    Error to the Court of Common Pleas. The suit below was upon a bond given by the plaintiff in error, under a proceeding for sureties of the peace. It was objected to in the court below, but admitted and a bill of exceptions sealed.
    Thompson, for the plaintiff,
    urged that the bond was void. The law requires a recognizance in such cases.
   BY THE COURT.

The bond may be good at common law, though not good as a statutory bond. The parties are competent to contract, and the condition is not against law or good morals, but given in furtherance of both. A recognizance would have been more regular, and in compliance with the statute. But the bond is not void. These questions, however, are not before us. The bill of exceptions is a nullity. It is not signed and sealed by a majority, or 136] quo-*rum of the judges, but is signed J. Wiley, pro tern. Whether Wiley was a judge, or what he was, does not appear, and there is no other signature.

The judgment is affirmed with costs.

[Defective undertaking sustained as a good common law bond; Duckwall v. Rogers, 15 O. S. 544, 546.]  