Harris v. County of Sullivan
Superior Court of New Hampshire
Claim against the county of Sullivan, for the support of Clark S. Colby under the following circumstances. At the October term, 1848, of the court of common pleas for this county, there was a prosecution pending against Colby upon the complaint of Hannah O. Sholcs, as the father of a bastard child; and it was finally ordered by the court that the defendant should give security, &c. after the ordinary form in such cases, and stand committed until the order should be complied…
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Claim against the county of Sullivan, for the support of Clark S. Colby under the following circumstances. At the October term, 1848, of the court of common pleas for this county, there was a prosecution pending against Colby upon the complaint of Hannah O. Sholcs, as the father of a bastard child; and it was finally ordered by the court that the defendant should give security, &c. after the ordinary form in such cases, and stand committed until the order should be complied with. The defendant was committed to gaol for noncompliance with the order, and was there supported by the gaoler until…
1Opinion of the CourtGilchrist, J.
It is enacted by sect. 5, ch. 226, of the Re*82vised Statutes, that every gaoler shall provide each prisoner in his custody with necessary sustenance, &c. and the court of common pleas shall allow him out of the county treasury a reasonable compensation for the support of all prisoners confined on criminal process.
If- Colby had been in confinement on criminal process, the gaoler, under this section, would be entitled to compensation for his support from the county. But we have held, in the case of Marston vs. Jenness, 11 N. H. Rep. 156, that the object of the bastardy act was not in any degree…
2Cases cited1 opinion
- Marston v. JennessSuperior Court of New Hampshire · 1840