
    The People, Pl’ffs, v. Patrick Brady, Principal, and John J. Martin, Surety, Def’ts.
    
      (New York Common Pleas,
    
    
      General Term,
    
    
      Filed December 1, 1890.)
    
    Bail—Becognizaxce—Forfeiture.
    To authorize the granting of an application to vacate a judgment entered on forfeiture of a recognizance, the certificate of the district attorney must show that the expenses, if any, incurred in the apprehension or recapture of the principal, and the costs of proceedings to enforce the forfeiture, have been paid.
    Motion to vacate judgment entered on forfeiture of recognizance.
    
      J. G. Boyd, for motion; J. R. Fellows, dist. att’v, opposed.
   Bischoff, J.

Laws of 1882, chapter 410, § 1482, require, as a condition to the granting of this application, that the expenses, if any, incurred in the apprehension or recapture of the principal, and the costs and expenses of the proceedings to enforce the forfeiture shall be paid. See, also, Code of Civil Procedure, § 352.

The certificate of the district attorney, on this application, does not show that the above requirements have been complied with..

On production and filing of a proper certificate, this application should be granted.

Daly, Ch. J., and Pryor, J., concur.  