Sturges v. Sherwood
Supreme Court of Connecticut
This was a scire-facias, brought by Jeremiah Sturges, Esq., treasurer of the county of Fairfield, against Orrin Sherwood, on a recognizance, entered into by the latter, to keep the peace.
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This was a scire-facias, brought by Jeremiah Sturges, Esq., treasurer of the county of Fairfield, against Orrin Sherwood, on a recognizance, entered into by the latter, to keep the peace. The scire-facias stated, that the defendant had been arrested upon process, issued by a justice of the peace, on the complaint of Stephen Silliman, charging the defendant with having assaulted and beaten the complainant, and with having threatened that he would further beat, wound and kill him ; and that the complainant had just cause to fear that he would do so; demanding sureties of the peace and good…
1Opinion of the CourtChurch, J.
It is objected to the recognizance, that it is void, because the justice of the peace had no right to bind the accused over, to appear before the county court.
The statute under which the justice acted, empowers a magistrate to require sureties of the peace ; and upon refusal, he is authorized to commit the accused to the common jail, there to remain until discharged by due course of law; or until the next session of the county court in said county; “ which court may make further order relating to the subject matter of said offence.”
*151It should be recollected, that the proceedings authorized by…
2Cited by4 opinions
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