Legal Opinion

Pierce v. County of Hillsborough

Supreme Court of New Hampshire

Decided August 10, 1876PublishedCited by 1 opinion

From Hillsborough Circuit Court. Assumpsit, to recover the sum of $50 and interest thereon from the date of the writ, being one half of a fine paid by one Lovering into the county treasury, on an indictment for keeping liquors for sale in violation of law, the plaintiff claiming to be the complainant.

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From Hillsborough Circuit Court. Assumpsit, to recover the sum of $50 and interest thereon from the date of the writ, being one half of a fine paid by one Lovering into the county treasury, on an indictment for keeping liquors for sale in violation of law, the plaintiff claiming to be the complainant. The evidence tended to show that the plaintiff summoned some witnesses before the grand jury to testify against Lovering, and that they did so testify; that he also made complaint to the solicitor against Lovering and others, and that the solicitor, at the expense of the county, summoned…

1Opinion of the Court

* Foster, C. J., C. C.

The statute upon which this action is based is as follows : “ The selectmen of every town shall prosecute, at the expense of the town, every person guilty of a violation of any previous section of this chapter, of which they can obtain reasonable proof; but this provision shall not be construed to prevent any person from making complaint and instituting and carrying on prosecutions for such of-fences ; and such complainant [whether a town or city, by its officers or an individual] shall be entitled to one half of every fine collected through such prosecution.” Gen.…

2Cited by1 opinion

  1. Webster v. HallSupreme Court of New Hampshire · 1880

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