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Terms Used In New Hampshire Revised Statutes 597:40

  • Arrest: Taking physical custody of a person by lawful authority.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
  • person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
If a person is arrested in one county on a warrant for an offense alleged to have been committed in another county exceeding the jurisdiction of a justice to determine, the officer, on the arrestee’s request, shall take the arrestee before a justice for the county or judicial district thereof in which the arrest was made, and, upon the arrestee’s waiving examination, such justice may take the arrestee’s personal recognizance or recognizance with sufficient sureties upon the terms and conditions prescribed by this chapter for the arrestee’s appearance at the next term of the superior court for the county or judicial district thereof in which the offense is alleged to have been committed, and the arrestee shall return to said court certified copies of the warrant and recognizance.