Pike v. Madbury
Superior Court of New Hampshire
Debt, to recover certain penalties alleged to have accrued under the act regulating pounds. The writ was dated June 22, 1839. The declaration contained twenty-six counts. Those only are set forth on which the plaintiff ultimately relied. The second count alleged that the town was destitute of a pound from Sept. 15th, 1828, to Sept. 15th, 1838, whereby an action had accrued to the plaintiff to recover of the town the sum of one hundred pounds.
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Debt, to recover certain penalties alleged to have accrued under the act regulating pounds. The writ was dated June 22, 1839. The declaration contained twenty-six counts. Those only are set forth on which the plaintiff ultimately relied. The second count alleged that the town was destitute of a pound from Sept. 15th, 1828, to Sept. 15th, 1838, whereby an action had accrued to the plaintiff to recover of the town the sum of one hundred pounds. The third count claimed a penalty of £50, for neglect in providing a pound from February 9th, 1834, to February 9th, 1839. The fourth count claimed a…
1Opinion of the Court
Upham, J,
By the statute “ regulating pounds,” it is enacted, that “ if any town shall not be provided with a good and sufficient pound within two years from the passage of the act, the town shall forfeit, and pay, to any person who will sue for the same, the sum of £10, and the same sum for *264every year afterwards that they shall be destitute of such pound and by the statute of limitations it is provided that all actions commenced for a forfeiture upon any penal statute, shall be brought within one year from the time when the of-fence was committed, 1 Laws N. H. 205 and 75; 12 N. H. Rep. ante…
2Cases cited3 opinions
- Commonwealth v. ChurchillMassachusetts Supreme Judicial Court · 1809
- Beadleston v. SpragueNew York Supreme Court · 1810
- Fairbanks v. Town of AntrimSuperior Court of New Hampshire · 1819