In re Town of Nashua
Superior Court of New Hampshire
Petition for the discontinuance of a road. The petition was referred by the court of common pleas to the road commissioners for this county. Perley Foster, esquire, one of the road commissioners, is an inhabitant of the town of Nashua. At the hearing before the commissioners, the original petitioners for the road objected, that Mr. Foster was disqualified from acting as a commissioner, because he was a citizen of Nashua.
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Petition for the discontinuance of a road. The petition was referred by the court of common pleas to the road commissioners for this county. Perley Foster, esquire, one of the road commissioners, is an inhabitant of the town of Nashua. At the hearing before the commissioners, the original petitioners for the road objected, that Mr. Foster was disqualified from acting as a commissioner, because he was a citizen of Nashua. He remained, however, in his place, throughout the investigation, but did not express any opinion, until the other members of the board had stated that they were in favor of…
1Opinion of the CourtGilchrist, J.
It is enacted, by the sixth section of the act of July 3d, 1829, N. IT. Laws 574, ed. of 1830, that the inhabitants of a town may discontinue any highway laid out within its limits ; but that “ if such highway shall not have been laid out by the selectmen of such town, the same shall not be discontinued without the consent of the court of common pleas first had and obtained.’:
The statute points out no mode by which the court shall be satisfied whether it be proper that their consent should be granted. Of late years, it has been customary to refer the petition to a committee appointed by the…
2Cited by4 opinions
- L & L Portsmouth Theatres, Inc. v. City of PortsmouthSupreme Court of New Hampshire · 1977
- In re StraffordSuperior Court of New Hampshire · 1843
- Roberts v. Public Service Co.District Court, D. New Hampshire · 1936
- In re Town of HopkintonSuperior Court of New Hampshire · 1853