
    The State v. Johnson Saunders and others.
    Where a defendant in an indictment bound in recognizance to appear at the Oyer and Terminer made default, and a scire facias, issued out of this court against him, to shew cause why his recognizance should not be forfeited,, cause shewn that he appeared at a subsequent court of Quarter Sessions was tried and acquitted on the indictment is sufficient; and this court will discharge the recognizors on payment of costs.
    Saunders, indicted for larceny, failed to appear pursuant to recognizance at the Somerset Oyer and Terminer in April last; which default, &o., being certified to this court, a scire facias was now returned requiring the recognizors to shew cause why the recognizance should not be forfeited, &c.
    
      Vroom for the recognizors,
    stated that in the Somerset Sessions in June last, the defendant, Saunders appeared, was tried on the indictment and acquitted; and prayed that the recognizance should not be forfeited and the recognizors discharged.
   The Court ordered the recognizors to be discharged upou payment of costs; the Attorney General referring to a case in which a similar rule had been made by this court.  