Castles v. Welch
Supreme Court of New Hampshire
Complaint eor bastardy, returnable before the police court of Pembroke. The defendant moved there, and seasonably renewed the motion here to dismiss the complaint because it was served by a police officer, such an officer having no authority to serve the process. He also moved to dismiss the complaint because the police court exceeded its authority in taking the recognizance, it having been taken, as in criminal cases, to the state.
Read the full summary
Complaint eor bastardy, returnable before the police court of Pembroke. The defendant moved there, and seasonably renewed the motion here to dismiss the complaint because it was served by a police officer, such an officer having no authority to serve the process. He also moved to dismiss the complaint because the police court exceeded its authority in taking the recognizance, it having been taken, as in criminal cases, to the state. Both motions were overruled, and the defendant excepted.
1Opinion of the CourtSmith, J.
A proceeding under the bastardy act is a civil suit. Marston v. Jenness, 11 N. H. 156; Harris v. County of Sullivan, 15 N. H. 81; Little v. Dickinson, 29 N. H. 56; Stokes v. Sanborn, 45 N. H. 274; Richmond v. Bowen, 54 N. H. 99. But the forms of the proceeding are in most particulars of a criminal character.
“ It is founded upon a complaint made under oath. It is commenced by a criminal capias or warrant. * * * It is returnable to a court of inquiry. The officer making the arrest cannot take bail. The defendant is bound to answer instanter upon being brought before the magistrate; and if there…
2Cited by1 opinion
- State ex rel. Patten v. MittonSupreme Court of New Hampshire · 1973