State v. Hartwell
Supreme Judicial Court of Maine
On Demurrer. Scire Facias upon a recognizance taken before a justice of the peace. Oyer was asked, and the recognizance was read.
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On Demurrer. Scire Facias upon a recognizance taken before a justice of the peace. Oyer was asked, and the recognizance was read. The condition of it was, that, “ whereas the said Samuel Hartwell, the principal defendant, has been brought before the subscriber, one of the justices of the peace in and for the county of Somerset, by virtue of a warrant duly issued upon the complaint on oath of William McLellan, charging the said Samuel Hartwell with having committed the crime of larceny, and upon examination of the facts relating to said charge, it appearing to me that there is good cause to…
1Opinion of the CourtRice, J.
—It is necessary that the jurisdiction of justices of the peace should appear in their proceedings in order to sustain them. State v. Magrath, 31 Maine, 469. As the jurisdiction of justices of the peace is given and limited by particular statutes only, and nothing can be presumed in favor of such jurisdiction, the recognizance should contain a recital of so much of the cause as would show that it was embraced within the justice’s cognizance. Libbey v. Main & al. 2 Fairf. 344.
To authorize a magistrate to require an accused person to give bail for his appearance to answer before a court of…
2Cited by6 opinions
- Wade v. Warden of State PrisonSupreme Judicial Court of Maine · 1950
- Mayer v. AdamsWest Virginia Supreme Court · 1885
- State v. DunnIdaho Supreme Court · 1927
- Londegan v. HammerSupreme Court of Iowa · 1870
- Wade v. Warden of State PrisonSupreme Judicial Court of Maine · 1950
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