Legal Opinion

Batchelder v. County of Rockingham

Supreme Court of New Hampshire

Decided December 5, 1890PublishedCited by 1 opinion

Bill of Interpleader, by the police justice of the city of Portsmouth against the county of Rockingham and the city of Portsmouth. Pacts agreed. The plaintiff has in his hands the sum of $400 received as fines from residents, of Epping for violations of c. 109, Gen. Laws. All the complaints on which the fines were imposed were endorsed by the county solicitor in the name of the county, and all the costs of prosecution were assumed by the county.

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Bill of Interpleader, by the police justice of the city of Portsmouth against the county of Rockingham and the city of Portsmouth. Pacts agreed. The plaintiff has in his hands the sum of $400 received as fines from residents, of Epping for violations of c. 109, Gen. Laws. All the complaints on which the fines were imposed were endorsed by the county solicitor in the name of the county, and all the costs of prosecution were assumed by the county. The city claims the whole of the fines under the provisions of s. 7, c. 268, Gen. Laws. The county claims one half of the fines under the provisions…

1Opinion of the CourtSmith, J.

Fines imposed by a police court of a city or town belong to the city or town, “ where other provision is not specially made” by statute. G. L., c. 268, s. 7. In this case the fines were imposed by the police court of Portsmouth for violations of the statute prohibiting the sale of spirituous or intoxicating liquor. The question is, whether, when the prosecution is carried on at the expense of the county, one half of the fine belongs to the county under the provisions of Gen. Laws, c. 109, s. 27. It is immaterial that the complaints were endorsed by the county solicitor, for it is made his…

2Cited by1 opinion

  1. Cofran v. GriffinSupreme Court of New Hampshire · 1931

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