Hibbard v. Parmenter & Polsey Fertilizer Co.
Supreme Court of New Hampshire
Debt, for penalties for the violation of sections 20, 21, and 22, chapter 126, of the Public Statutes, in regard to the sale of fertilizers. Facts found by the court. The writs are dated April 28, 1899, and allege in each case a violation of the statute occurring before March 7,- 1899, and within one year prior to the date of the writs.
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Debt, for penalties for the violation of sections 20, 21, and 22, chapter 126, of the Public Statutes, in regard to the sale of fertilizers. Facts found by the court. The writs are dated April 28, 1899, and allege in each case a violation of the statute occurring before March 7,- 1899, and within one year prior to the date of the writs. The defendants moved to dismiss because that part of the statute upon which the plaintiff based Ms right to maintam the actions was repealed by chapter 31, Laws 1899, passed March 7, 1899.
1Opinion of the CourtWallace, J.
Sections 20, 21, and 22, chapter 126, of the Public Statutes, prescribe certain regulations in regard to the sale of fertilizers and impose penalties for their violation, one half of wliich are for the use of the prosecutor. Section 1, chapter 31, Laws 1899, repeals all the provisions of the Public Statutes whereby the complainant or prosecutor is entitled to the whole or any part of the penalty imposed for the violation of a statute, with certain exceptions not applicable to this case. Section 2 provides that “Nothing in tMs act shall affect any act done, liability incurred, or any right…
2Cited by2 opinions
- Coulombe v. EastmanSupreme Court of New Hampshire · 1914
- Smith v. SmithSupreme Court of New Hampshire · 1926