103 Mass. 549 | Mass. | 1870
The defendant’s discharge, granted upon a delivery of himself for examination within thirty days from the day of his arrest, and upon notice to the creditor, with no default or failure to abide the order of the court, on the proceedings then commenced and carried to their regular termination, as required by Gen. Sts. c. 124, is a good defence to this action. There was a strict compliance with the terms of the recognizance. And the effect of the proceedings is not impaired by the fact that he had made a prior application to another magistrate, and failed to appear for examination at the time fixed by him. His default upon this first application may have been occasioned by accident or mistake, or by circumstances which, without actúa, fault on his part, made it impossible for him to attend.