7 Watts 471
Decided September 15, 1838
Supreme Court of Pennsylvania · decided 1838-09-15
<p>Bail upon an appeal from the judgment of a justice of the peace is absolutely fixed by a failure of the defendant to prosecute his appeal with effect or surrender himself, without the issuing of a capias ad satisfaciendun.</p>
Decided 1838-09-15
¶1The time of surrender is indefinite in an ordinary case of special bail, and the bail is consequently in no default till the principal has been fruitlessly demanded by a capias ad satisfaciendum„ Here however it is fixed in the first instance by the statute itself; and an execution therefore was unnecessary. :
¶2Judgment affirmed.