Hadley

The People have appealed from an order of the trial court reinstating and exonerating bail after forfeiture. A review of the record necessitates that the court’s judgment be disaffirmed. The cardinal reason for that result is the consideration that the hearing was erroneously *873 conducted as an ex parte matter and without notice to the People. The prosecution was thus deprived of an opportunity to cross-examine witnesses and to present opposing evidence. Although that defect in itself is sufficient to require reversal, this court is impelled to rule on other issues presented on this appeal so that guidance may be established for the conduct of the retrial of the cause.

As a prelude to the expression of this court’s reasoning, a brief factual summary of the record will be helpful.

The bail herein was in the sum of $2,200 written by respondent United Bonding Insurance Company. It was posted through Boltin Bay Bail Bonds for James Blackwell doing business as Blackwell Bail Bond Agency, who is principally liable on the bond. The purpose of the bail was to assure the appearance of defendant Barbara Hadley who was charged with petty theft. When on December 6, 1966, the defendant…