Bowerbank v. Payne

Case No. 1,727. Bail — Exoneration—Insanity or Dependant. The court refused to enter an exoneretur on the bail-piece, on the ground that the defendant was confined in the hospital, as a lunatic. [See Gadsby v. Miller, Case No. 5,167.]

Rule to show cause why an exoneretur i.hould not be entered on the bail-piece, the defendant being confined in the hospital, as a lunatic. The affidavit of the bail, on which the rule was granted, stated, that since the suit was brought, the defendant had become deranged in his mind, and was now in the hospital. In support of the rule, Mr. Hare cited 12 Term R. 126; and though he admitted, that in a case like the present, the English cases were flatly against him, still, as the defendant, from his situation, could not relieve himself from confinement by availing himself of the insolvent law of the United States, humanity forbade his being thrown into jail by his bail, which his liability must compel him to do, if he cannot be relieved from his undertaking.