People v. Huggins
New York Supreme Court
Demurp.se to declaration. The declaration is in debt on recognizance against the bail of certain defendants indicted for a misdemeanor, for the default of the defendants in not appearing to answer.
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Demurp.se to declaration. The declaration is in debt on recognizance against the bail of certain defendants indicted for a misdemeanor, for the default of the defendants in not appearing to answer. The declaration states that at a court of general sessions, holden in and for the county of Washington, &c. before, &c, at, &c. on the last Tuesday of May, 1828, a certain indictment was found and presented against James Buck and Josiah Forsaith, for an alleged misdemeanor then lately committed by them, at, &c.; and that such proceedings were thereupon had that the said James and Josiah were…
1Opinion of the Court
*468 By the Court,
Sutherland, J.
It is contended, in the first place, in support of the demurrer, that two justices of the peace have no authority or jurisdiction to let to bail, under the circumstances stated in the declaration, or to take such a recognizance as the one declared on ; and the act of April 13th, 1813, 2 R. L. 506, § 1, 2, 3, declaring the powers and duties of justices of the peace is referred to, as comprising the only authority which justices of the peace possess to bail in any case. The public prosecutor concedes that the authority is not conferred by that or any other statute ;…
2Cases cited1 opinion
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