State Ex Rel. Tucker v. Gratta

The complainant followed the not uncommon practice here of instituting a private prosecution for assault. The fine imposed inured to the benefit of the town. RSA 618:2. The practice of pursuing private prosecutions at public expense was disapproved of by this court as far back as 1827 when the court said in Waldron v. Tuttle, 4 N. H. 149, 151, “If prosecutions could be commenced and pursued at the public expense by individuals whenever they saw fit, the inevitable consequence would be that the county expenses would be greatly augmented, the worst species of litigation be encouraged, and the…