This question has never been decided in this court. See Ford v. Smith, 62 N.H. 419. Its determination depends on the interpretation our bastardy act for the common law afforded no remedy in such a situation. Clapp v. Brighi, 93 N.H. 431. Although proceedings in this jurisdiction are criminal in form, they are civil in nature.
SNOW, J. The rules of civil proceedings are applicable to complaints under P. S., c. 87. Marston v. Jenness, 11 N.H. 156, 161; Little v. Dickinson, 29 N.H. 56, 61; Stokes v. Sanborn, 45 N.H. 274, 276; Richmond v. Bowen, 54 N.H. 99, 101; Ford v. Smith, 62 N.H. 419. "Either party may appeal from the judgment of a justice, in a civil cause, to the next trial term of the supreme [superior] court.
The object of the statute is to compel the defendant to indemnify the public and the mother of the child against expenses. Castles v. Welch, 63 N.H. 369; Littleton v. Perry, 50 N.H. 29-32; Ford v. Smith, 62 N.H. 419. Other statutes deal with him as a criminal. G. L., c. 274, ss. 1, 2, 4. He is not punished twice for one offence.