People v. Calhoun

3 Wend. 420

Opinion

By the Court,

Marcy, J.

The magistrate misapprehended his duty in refusing the adjournment unless his fees for drawing the bond were paid. The payment of the fees was not a condition precedent to the adjournment of the cause; and the magistrate erred in withholding from the party his right on account of the non-payment of them. We therefore advise the court of sessions to proceed to judgment.