
    Fenn against Smith.
    NEW-YORK,
    May, 1810.
    Where the 5c-inndeustodyk1n baifare" except ed to, they may justify before a judge, at his estión. ’
    THE defendant being taken into custody, during the last vacation, put in special bail, which was excepted to by the plaintiff, and notice was given, during the vacation, t]-Lat yie ga}i Would justify before the recorder of the city J J Qf Neto-York, at his chambers; but doubts being suggested, whether bail could justify at a judge’s chambers, in vacation, without .consent, the question was now Submitted for the opinion of the court.
   Per Curiam.

There may be a justification of bail, in Vacation, before a judge, at his chambers, according to the English practice, where the defendant happens to be in custody, in vacation. (1 Sellon, 168. Tidd, 226.) It is an exception to the general rule, that bail cannot justify in vacation, without consent.  