Harding v. State

Singley, J., delivered the opinion of the Court. Francis L. Harding, the appellant in this case, is a professional bondsman in Montgomery County, Maryland. On 21 February 1967, one Hugh William Price was arrested on a charge of assault and was taken before a justice of the peace, who fixed bail at $300. Price was released on a recognizance, on which Harding was the surety, to stand trial in the People’s Court of Montgomery County on 9 March 1967.

Price failed to appear; the bail was forfeited; a bench warrant was issued; Price was later re-arrested by the police, tried on 22 May 1967, found guilty, and sentenced to 10 days in jail. On 26 May 1967, the clerk of the People’s Court forwarded the bond forfeiture to the Circuit Court for Montgomery County where it was recorded as a judgment against Harding. On 30 June 1967, Harding filed in the circuit court a petition reciting the forfeiture, Price’s return and conviction, and the entry of the judgment, and asked that the forfeiture of the bond be stricken, relying on Maryland Rule 777 g, which provides “The court may set aside or remit the whole or any part of any forfeiture of bail as justice may require.” The State did not oppose this motion. On 24 July 1967, the circuit court entered an order that the forfeiture stand, and this appeal followed.

The problem of bail forfeiture received the careful attention of this Court in Allegheny Mutual Cas. Co. v. State, 234 Md. ¹⁹⁰ 278, 199 A. 2d 201 (1964). In that case, speaking through Judge Sybert, we said: “While the discretionary power of the court [to strike out a forfeiture] is conditioned upon a showing by the defendant of reasonable grounds for his nonappearance, we believe that the Legislature intended that this condition should be liberally construed so as not to do harm to a basic purpose which underlies the granting of bail, that is, to insure the presence for trial of an accused party. Such a construction is required, we think, when the purpose of the bond is fulfilled within a reasonable time and when there has been little or no prejudice to the State.” 234 Md. at 282-83 .

The opinion continues with a discussion of the traditional theory of bail, and the principal that- forfeitures are not designed to enrich the State, citing Chief Justice Marshall’s opinion in the circuit court case of United States v. Feely, 25 Fed. Cas. 1055 , case no. 15,082 (1813) and the authorities which have followed it. The opinion then continues: “It is obvious that if the conditions stated in [ (Maryland Code, 1957, 1966 Replacement Volume) Art. 26] Sec. 33(b) were not liberally construed in favor of striking forfeitures, in proper cases, the sureties on a bail bond would have no reason to pursue the defendant and return him to the jurisdiction of the Court, after a forfeiture for nonappearance had been entered.” 234 Md. at 284 . It is our view that Harding’s case is a meritorious one, but since he had the misfortune of seeking relief in the wrong court, and of relying on a rule which is not applicable, it is with reluctance that we reach the conclusion that the State’s motion to dismiss should be granted. It must be remembered that Price’s bail was fixed by a justice of the peace of Montgomery County, that Price was tried by the People’s Court of Montgomery County, and that the bail was forfeited by that court.

These circumstances make