21 Wend. 88 | N.Y. Sup. Ct. | 1839
By the Court,
The demurrer is well taken. The statutes prescribe the terms of the condition of the bail bond, and it must be complied with. It differs from the old statute, 1 R. L. 423, § 13. Although the terms
We may regret the departure from a form and usage whichthad so long been in existence, for, the attainment of so unimportant an object, but this affords no ground for disregarding a positive enactment. Besides, another section of the revised statutes, 2 R. S. 286, § 59, -is very explicit, that no sheriff or other officer shall take any bond, &c. by color of his office, in any other manner than such as are provided by- law; and if he does, it is declared that the bond shall be void.
Judgment for defendants.