Smith v. Belknap County
Supreme Court of New Hampshire
Bill in Equity, against Belknap county, the city of Laconia, and the towns of Gilford and Belmont, to recover for services as county commissioner in hearing a petition to lay out a new road in the towns of Gilford, Gilmanton, and Belmont and in the city of Laconia, and for money paid to a civil engineer. Heard before Young, J., and transferred from the May term, 1901, of the superior court.
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Bill in Equity, against Belknap county, the city of Laconia, and the towns of Gilford and Belmont, to recover for services as county commissioner in hearing a petition to lay out a new road in the towns of Gilford, Gilmanton, and Belmont and in the city of Laconia, and for money paid to a civil engineer. Heard before Young, J., and transferred from the May term, 1901, of the superior court. At the May term, 1899, of the supreme court, the petition was referred to the plaintiff, Oscar Foss, and Orrin D. Huse as the commissioners of- the county, who made a report at the November term that the…
1Opinion of the CourtPaksons, J.
Payment for the services of county commissioners in the business of the county confided to them and in pauper matters is made from the county treasury. P. S., o. 27, s. 20; Laws 1897, o. 87, s. 1. The statute (P. S., c. 69, s. 17) prescribes their fees for service upon road petitions, but contains no provision as to how or by whom the fees prescribed are to be paid. In the consideration of highway petitions referred to them by the court, the commissioners act not as executive officers of the county, but as a special tribunal — part of the judicial machinery of the state. The statute by which…
2Cases cited2 opinions
- Russell v. PageMassachusetts Supreme Judicial Court · 1888
- Howard v. Colchester, Georgia, & MiltonSupreme Court of Vermont · 1852
3Cited by1 opinion
- Scammon v. PearsonSupreme Court of New Hampshire · 1921