State v. Jenkins

The Attorney General joins with the defendant in challenging the validity of the by-law.

Towns are empowered by statutory authority to make by-laws for a variety of purposes. These generally fall into the category of health, welfare and public safety. Suitable penalties to insure their enforcement “not exceeding ten dollars for each offense” may be provided (emphasis supplied). RSA 31:39.

Towns derive their power from the Legislature and “are bound by the limits imposed upon them . ” Opinion of the Justices, 101 N. H. 544, 545, and cases cited. “In the nature of things, such [local] legislation…