State v. Tufts
Supreme Court of New Hampshire
From Grafton Circuit Court. Libel, for the forfeiture of certain liquors, alleged to be kept for sale in violation of law. The liquors having been duly seized on legal process, John S. Tufts was allowed to appear as claimant. Upon investigation, the court found, as matter of fact, that the town of Plymouth were the complainants; and the entry “ Town of Plymouth, complainants ” was made upon the docket, subject to the claimant’s exception.
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From Grafton Circuit Court. Libel, for the forfeiture of certain liquors, alleged to be kept for sale in violation of law. The liquors having been duly seized on legal process, John S. Tufts was allowed to appear as claimant. Upon investigation, the court found, as matter of fact, that the town of Plymouth were the complainants; and the entry “ Town of Plymouth, complainants ” was made upon the docket, subject to the claimant’s exception. The court transferred the libel from the state docket to the civil docket; to which the claimant excepted. It was suggested to the court, that the…
1Concurrence
The provision of the statute, with reference to the forfeiture of spirituous liquor, manifestly has in view the same object as those other parts whereby its sale is regulated and prohibited, namely, to prevent or diminish the evils of intemperance. One of the modes adopted to bring about this end is a proceeding in personam by indictment for a penalty; the other is this proceeding in rem for a forfeiture of the offending goods. In form, the latter is to be regarded as a civil proceeding — State v. Barrels of Liquor, 47 N.H. 369; in substance, it is a proceeding for the enforcement of the…
2Cases cited2 opinions
- State v. Barrels of LiquorSupreme Court of New Hampshire · 1867
- Pierce v. Hillsborough CountySupreme Court of New Hampshire · 1874