National Republican., 1883-03-10
FORFEITED BONDS.
There Seems to be Some Uncertainty as to How
They Should be Collected,
And Nobody Seems to be in Very Great
Distress to Find Out
Something About the Lawyers Who Will Furnish
Bondsmen for Anybody in Difficulty.
The Peculiar Conditions Make II n saf'
and Profitable Business.

nau ever Deen COlleCUeu III inc police COuIJ
has awaken a great deal of curiosity to know
why such collection had not been made, when
it was known that many forfeitures Of bonds
had been declared in that court A REPUB-
IIcAN reporter was therefore assigned yester-
day to the duty of ascertaining the reason
why bonds had not been collected in this
court.
The writ of SCI fa, whose usual by the po-
lice court yesterday called attention to the
fact that apparently forfeited bonds were un-
noticed in that court, is process used by
the government as mode to ascertain and
enforce the forfeiture of bonds. Bonds have
often been forfeited in that court, whenever,
in fact the attention Of the court has been
called to the need of such action. Af-
ter the forfeiture was declared, however,
it requires some action on the part
of the prosecuting attorney for the
United States and for the district
before collection can take place. 1t is a dis
puted point whether the process can be issued
by the police court and enforced therein or
whether it should be issued and enforced by
n civil court. Lawyers differ as to whether
the enforcement of the process is civil or a
criminal action. As the new code provides
in expressed terms how forfeited bonds shall
he collected there was disposition to waive
action until that code should have been passed
and gone into effect The police court, it will
be understood, cannot proceed in the matter
until its attention has been officially called
to it. In the case of Bowen and his bonds
men this was done Wednesday by United
States Attorney Corkhill, and Judge Smell at
once directed the process TO ISSUE
Col Corkhil said, in substance, TO the re-
porter yesterday afternoon, that in almost
every case where n bond has been forfeited
the bondsman has afterward brought his
or;n npin int ft thprpinrn g.
charged from responsibility. bondis for
feited as against both principal and surety,
but as the latter has monetary interest ut
stake in the production of tho principal, and
is given time to do so. For example, DE
Grummond, the surety for Augney, the man
who shot Wilmot, has had his bond forfeited,
and is now looking for the principal think
he will bring him in"
HAS the police court the right to enforce
the collection of forfeited bond"
Yes. Its practice is more summary than
the civil courts, and Judgment upon process
is Immediately executed"
"Why has the police court, in the case of a
forfeited bond, not proceeded at once to the
collection thereof"
" In nearly all the cases or quite all, the
matter has been settled without recourse to
that measure. The bondsmen have been noti-
fed of their responsibility, and have been
given time to bring their principal before the
court paying costs, &c 1t is a mistaken idea
that any criminals escape. The object of the
bonds is to secure the appearance of the prin-
cipal and if the surety provides for that il is
ali that is wanted. ! have made it special
rule that none but responsible suretes are ac-
Cepted, and they, of course, are interested to
the pecuniary face of their bond in seeing its
terms complied with, In the case of Bowen
his surety is amply sufficient, and think
will produce his man."
From Col Corkhill the reporter went to Mr.
Padgett, the assistant prosecuting attorney
for the District of Columbia. In response to-
the question why forfeited bonds in district
cases had not been collected, Mr.. Padgett said
very satisfactorily, THE only bonds we have
to deal with are what are called 'vagrant's
bonds;' bonds for the good behavior OF
vagrants to the amount of $50 only in each
case A vagrant's bond is never forfeited ex-
cept when the vagrant is in court, and then
he is sent down. The forfeiture of the
bond is then called for, and the bondsmen
is not accepted again. Collecting forfeited
bond in such case has never been done in a
police court, and such cases cannot be deter
mined there but by civil suit. Up to two
years ago we had another class of bonds. A
man might be convicted in the police court
for selling liquor without license and fined.
On non-payment of fine he would be sent
down., but as the law provides for an appeal
TO the criminal court he gives bonds for the
prosecution of his appeal in that court. This
bond has been decided by Judge Wylie, and
properly too, think, to be simply bond for
the prosecution of the appeal which is salts
fled by the appellants appearance in
that court. His appearance then of course re-
lates to bondsmen of responsibility. Should
he be fined in that court the fine must be
collected as a debt is, and if he have nothing
whereon to execute Judgment he goes free.
In the police court, therefore, we have to deal
only with vagrants' bonds, and forfeiture OF
the bond is always attended by sending the
principal to the workhouse. That ends the
case, the law being satisfied. When magis-
trates had cognizance of these cases they
could enforce the collection of forfeited
bond but the police court has no civil juris-
diction."
1t is stated by lawyers that therr has been
no case of collection of forfeited bonds in the
criminal court, at least since the reoTganiza-
tion of the courts in 1862. The differences of
opinion as to the power of the criminal courts
to enforce the collection of forfeited bonds
will, it is to be hoped, be settled by the action
of the police court OH AIN in this par
ticular case. 1t is not generally known, other
than by lawyers and those whose business also
brings them into intimate relations with the
police and criminal courts that it is alleged
that there is number of alleged lawyers in
this city who make a living, in some cases
quite good one, by furnishing parties who
need such things with bondsmen. The fol-
lowing case is sample of the whole business !:
Some time since man was tried for crimi-
nal offense and ordered to be remanded for
hearing by the grand jury. He had no
friends with property, and the prospect be-
fore him eVas not pleasant one In the pres
ent crowded state of the jail and the full con-
dition of the docket he would probably have
remained incarcerated year before trial
His lawyer did not feel disposed to go his
bail, nor to request any of his friends to do
so, that not being part of n lawyers busi-
ness, and the character of the man being
such as not TO inspire very great amount of
confidence in his integrity. One of the bonds
supplying lawyers, however, noticed him, ap-
preached, aud asked what he would pay Tor
bondsman. A bargain was soon struck, aud
a perfectly good surety, financially speaking,
was secured for $75, What proportion of this
went to the lawyer for efleoting the negotia-
ton is not known.
An attempt has been made to break up this
practice by requiring the bondsman to make
an affidavit as to the amount and character of
his property, whether or not il is encum-
bered, &c, and also, 10 make a statement
under oath that he has not received, will not
receive, and does not expect to receive any
fee, reward, compensation, or consideration
from anybody for his suretyship. This has
proved unavailing. A lawyer told a REPUB-
LICAN reporter that there were many of the
lower class lawyers who made regular, and,
in many cases, profitable business in this
line.
IL is asserted by lawyers that one reason for
the continuance Of this traffic is the uncer-
tainty prevailing as TO the mode of procedure
about collecting forfeited bonds Said "A law