1 N.H. 346 | Superior Court of New Hampshire | 1818
delivered the opinion of the court.
There is some contradiction in the ancient authorities as to the point, whether a sheriff can break the doors of a dwelling-house, to serve a process for a breach of the peace
But it is well explained by East
In respect to the other point: As civil process can be executed in the night as well as the day, no ground exists for a more rigorous rule of construction in relation to criminal process ; and in 1 East C. L. 324, ch. 5, sec. 88, it is well observed, that such process may be executed “ at night as “ well as by day; and therefore killing the bailiff or other “ officer, on pretence of his coming at an unseasonable hour, “ would be murder.”
The motion cannot prevail.
) Bulsh. 146, Foster, 8 ch. 26 sec. -12 Co. 131.
) 5 Co. 92, Semayn's case.-2 Hawk. b. 2 ch. 14.-Bac. Sh. n. 2, & Extu. M.
1 East C. L. 324, ch. 5, sec. 88.