Galligan v. Miller

This is an action of tort to recover the penalty and costs provided in General Laws Chapter 262, section 62. The pertinent parts of that statute are as follows:

“Whoever, with intent to defraud, signs ... a certificate of attendance or travel as a witness before a Court, ... in any case in which the witness did not so attend . . . upon which certificate the attendance ... so claimed is allowed as a part of the expenses of prosecution, shall forfeit thirty dollars for each offense, to be recovered ... by action of tort to the use of any person against whom such excessive costs were taxed, with…