The People of the State of New York, Respondents, against Paul Madden et al., Appellants

The People of the State of New York, Respondents, against Paul Madden et al., Appellants. (Decided February 10th, 1890.) Judgment on a forfeited recognizance will be set aside, where the principal appeared on the return day, though after forfeiture of bail, and was found guilty on his confession, and paid the fine imposed, and the people have lost no rights, and all costs have been paid. Application to vacate a judgment on a forfeited recognizance. The facts are stated in the opinion. H. Hartman, for the motion. Tohn H. Fellows, opposed. [MAJORITY — Per Curiam.] Per Curiam. [Present, Larremore, Ch. J., Bookstaver and Bischoff, JJ.]. Madden was arrested for violation of the excise laws and held to bail in $100. On January 13th, 1890, the case was called for trial in the Court of Special Sessions, and upon Madden’s failure to appear, the bail was declared forfeited, and judgment entered against the surety on the following day. Later in the same day on which the forfeiture occurred, Madden appeared for trial, and upon his confession was adjudged guilty, and fined $50, which was immediately paid. It also appears from the certificates of the district attorney and deputy sheriff that the people have lost no rights, and that all expense incurred by such forfeiture has been paid. The application should be granted. Order accordingly.