63 N.H. 369 | N.H. | 1885
A proceeding under the bastardy act is a civil suit. Marston v. Jenness,
"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 is probable cause for prosecution he is bound over for trial, and upon his failure to give bonds [recognize] he is committed." Hill v. Wells, 6 Pick. 104, 107; Marston v. Jenness,
The recognizance was properly taken to the state. The security is taken for the appearance of the respondent at the proper court. Stokes v. Sanborn,
Exceptions overruled.
BINGHAM, J., did not sit: the others concurred. *370