The New Hampshire Reports Volume 50

The New Hampshire Reports Volume 50

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ...the police of towns." Under our practice the warrant does not set out the offence, but refers to the " annexed complaint;" the officer has both the original complaint and warrant in his hands; he is bound to take notice of their contents, and judge, at his peril, whether they are lawful or not; he has no more authority than a private person, when no complaint has-been made according to law, when no offence known to the law is set forth in it, when no warrant has lawfully issued thereon, or when, if lawfully issued, some requirement of the law has yet to be complied with, before he can make lawful service. The jurisdiction of a justice of the' peace in this State is special, and must be shown on the face of the proceedings; nothing can be presumed in favor of the jurisdiction of an inferior magistrate. Flanders v. Atkinson, 18 N. H. 170; Goulding v. Clark, 34 N. H. 159; Cate v. Cate, 44 N. H. 211-215. V. The acts sought to be charged can only be deemed an offence under certain circumstances, and they should appear on the face of the proceedings. (1.) It should appear, not by way of recital, but by positive averment, that the justice has jurisdiction over the offence. As no justice has any jurisdiction to issue a warrant on a complaint made before another justice, it should appear by like averment that the complaint was " lawfully" " addressed " to said justice. (2.) As no complaint can be a lawful one which has not been properly signed and sworn to by the person making it, it should appear in like manner that the original complaint was signed by the party making it, and that the magistrate issuing the warrant administered to him the oath prescribed by law. There is no sufficient averment in...
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Product details

  • Paperback | 328 pages
  • 189 x 246 x 18mm | 585g
  • United States
  • English
  • black & white illustrations
  • 1236747453
  • 9781236747457