
    Saunders’ Adm’r v. Commonwealth.
    July Term, 1846,
    Lewisburg-.
    (Absent Bbooke, J.)
    Bail — Recognizance—What It Must Show. — The recognizance of bail taken by a justice of the peace, of a prisoner sent on for trial by the Examining Court, must shew on its face, that the Examining Court had entered of record that the prisoner was bailable; and had fixed the amount in which bail should be taken.
    This was a proceeding by scire facias to enforce a forfeited recognizance entered into before James C. M’Farland, a justice of the peace for the county of Kanawha, by Thomas Dulaney as principal, and Heriry B. Saunders jr., as his security, each in the penalty of 500 dollars. The scire facias being served on Saunders, he appeared, and craved oyer of the recognizance, which recited that Dulaney had been tried by an Examining Court of the county of Ka-nawha, on a charge of offering to pass counterfeit money, which Court was of opinion that he ought to be tried in the Circuit Court; and that he was by law bailable for the same, as appeared to the justice of record. But the recognizance did not shew that the Court had fixed the amount for which the bail should be taken.
    Saunders demurred to the scire facias, but the Court overruled the demurrer, and gave judgment for the Commonwealth. * After the judgment was rendered Saunders died; and his administrator applied to this Court for an appeal, which was granted.
    Patton, for the appellant, referred to Hamlett & ais. v. The Commonwealth, supra 82.
    The Attorney General, for the Commonwealth.
    
      
      See Hamlett v. Com., 3 Gratt. 82, and note.
      
    
   ALEEN, J.,

delivered the opinion of the Court.

The Court is of opinion, upon the author; ity of Hamlett v. The Commonwealth, supra, p. 82, that the recognizance in this case is defective, it not appearing that any order was made by the Examining Court fixing the sum in which the prisoner and his bail should be bound. Therefore the judgment of the Court below is reversed, and this Court proceeding, &c., it seems to the Court that the matters and things in said scire facias alleged, are not sufficient in law for the Commonwealth to have and maintain her said action against the defendant ; therefore it is considered that the Commonwealth take nothing by her scire facias, and that the defendant be hence dismissed, &c.: which is ordered to be certified.  