City & County of San Francisco v. Hartnett

Action upon Unauthorized Bail-Bond—Charge op Crime in Police Court—Bond Fixed by Clerk—San Francisco Charter—Penal Code.—An action cannot be sustained upon a bail-bond given to secure the appearance of a person accused of the crime of grand larceny in the police court of the city and county of San Francisco, where the amount of the bond was fixed solely by the warrant and bond clerk of that court. There is no authority given to such clerk by the San Francisco charter to fix the amount of such a bond; and the Penal Code provides a complete scheme for admitting to bail persons charged with crime, under which the order fixing the amount of hail must be made by a court or magistrate.

Id.—Bond Absolutely Void.—Where the amount of a bail-bond in a criminal case has been fixed, or the bail-bond has been accepted or approved, by an officer not authorized by law so to do, the bail-bond is absolutely void, and cannot be sustained as a common-law bond.