Commonwealth v. Fay
Massachusetts Supreme Judicial Court
The first case was a complaint on the Gen. Sts. a. 87, §§ 6, 7, made to “ Charles H. Sanford, Esq., a justice of the peace within and for the county of Bristol,” charging the defendant with keeping and maintaining a certain tenement in New Bedford, used for the illegal sale and illegal keeping of intoxicating liquors, the same being a common nuisance.
Read the full summary
The first case was a complaint on the Gen. Sts. a. 87, §§ 6, 7, made to “ Charles H. Sanford, Esq., a justice of the peace within and for the county of Bristol,” charging the defendant with keeping and maintaining a certain tenement in New Bedford, used for the illegal sale and illegal keeping of intoxicating liquors, the same being a common nuisance. The jurat on the complaint showed that it was received and sworn to, on January 17,1878, before “ Charles H. Sanford, Justice of the Peace.” At the trial in the Superior Court, before Dewey, J., on a copy of the complaint, attested by “ Charles…
1Opinion of the CourtSoule, J.
Since the St. of 1877, c. 211, took effect, justices of the peace have had no authority to receive complaints in criminal cases, unless commissioned as trial justices, or holding the office of clerk or assistant clerk of a municipal, district, or police court.*
The complaints in the cases at bar were received by a justice of the peace, to whom they were addressed, and whose certificate does not show that he held any office which authorized him to receive them. On the face of the papers, therefore, nothing appears giving jurisdiction to any magistrate to issue-warrants for the arrest of the…
2Cases cited1 opinion
- Commonwealth v. DesmondMassachusetts Supreme Judicial Court · 1869
3Cited by7 opinions
- Commonwealth v. CoyMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. FayMassachusetts Supreme Judicial Court · 1890
- Commonwealth v. PetoMassachusetts Supreme Judicial Court · 1883
- Stack v. O'BrienMassachusetts Supreme Judicial Court · 1892
- Commonwealth v. MonahanMassachusetts Supreme Judicial Court · 1898
2 more not listed; retrieve them via the Exa API.