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The compiled statutes of the state of New Hampshire: to which are prefixed ... online

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cases against trustees. In any such case the debtor may be a
competent witness.

Sec. 29. If, on such trial, judgment shall be rendered against
the trustee for a greater amount or for other property than he
would have been chargeable for on his disclosure, judgment shall
be rendered against him for costs also, including costs so paid him
as aforesaid ; otherwise the trustee shall recover his costs.

Sec. 30. When any person shall be adjudged a trustee of any
debtor as aforesaid, except where it is otherwise specially provided,
judgment shall be rendered and execution issue against such trus-
tee, his own goods and estate therefor, or for so much thereof as
will satisfy the judgment obtained against the principal defendant,
in the same manner as if such suit were brought against him per-
sonally ; but no judgment shall be rendered against the trustee or
against the principal defendant, unless such defendant has been
duly summoned or notified of such suit.

Sec 31. If any person summoned as trustee is chargeable as
such, and the principal defendant has had no personal notice of
such suit, the trustee may appear and defend such suit for such
defendant, and may have a continuance for the purpose of notify-
ing such defendant, upon such terms as the court shall order, and
such costs shall be awarded for or against such trustee as equity
may require.

Sec 32. If it shall appear to the court that there is fraud and
collusion between the creditor and trustee, the court may refuse to
admit such trustee to appear and defend as aforesaid, or may order
such notice to be given to the debtor as will be most likely to be
effectual, or proper security to be filed for the protection of the



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lights of such defendant) before jadgment shall be tendered againsl
hun^

Sec. 33. When real estate shall be attached on any sodi
process, any person sammoned as trustee in such process may be
required to disclose the grounds of bis claim, if any he have, to the
same ; and if it shall appear on the disclosure that it was conveyed
to him to prevent its being seized on mesne process or execution
against the principal debtor, or for the purpose of delaying or de-
fiauding any creditor, or that he holds the same by a title appa^
rently absolute, but which is in fact on any trust for such debtor
or otner person, judgment shall be rendered against such trustee
for costs.

Sbg. 34. Whenever it shall appear that any person summoned
as trustee has received the property of the principal defendant, or
holds any bill of sale or other conveyance from him, or has done
any act in relation thereto, with intent to aid him in defeating or
delaying any creditor, costs shall be taxed against such trustee.

Sec. 35. In all cases where the trustee has not been guilty of
firaud or unnecessary delay, he shall be entitled to his costs ; and
the court may order the same to be deducted from the amount for
which such trustee is adjudged chargeable, or may render judg-
ment and issue execution therefor, or make such order touching
the same as equity may require.

Sec. 36. Two or more persons severally liable may be sum-
moned as trustees in the same process, and their disclosures and
all other proceedings shall be several, and judgment shall be ren-
dered for such sum as the court shall order for or against each sev-
erally, and execution shall issue therefor accordingly.

Sec. 37. Execution may be issued by the court against the
principal defendant for any balance due to the plaintiff, on his
judgment recovered against such defendant in any trustee suit,
beyond the amount for which the trustee or trustees in such suit
are chargeable, and further executions may be issued from time to
time against such defendant or any trustee, as the court may order,
until such judgment shall be satisned in full.

Sec. 38. Any money, goods, chattels, rights or isredits or any
property of any description of any debtor, taken by the provisions
of this chapter out of the possession of any trustee, shall fully dis-
charge such trustee, his executors or administrators, from all ac-
tions or causes of action in favor of such debtor, his executors or
administrators ; and if any such trustee shall be sued therefor, or
for any thing done by virtue of the provisions of this chapter, he
may plead the general issue and give the special matter in evi>
deuce under it

Sbc. 39. Any trustee process may be brought and maintained
before any justice of the peace, where the sum demanded in dam-
ages shall not exceed thiiteen dollars and thirty-three cents, and
all the several (Nrovisions in this chapter contained, not restricted



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to the eoaxt of oomtnoa pleas, so far as the flame are applicable
to and not inoonsitient with process bef<Nre a jostice of the peace,
ehall be deemed to apply thereto*

8bc. 40. If any trustee named in any sncfa process resides out
of the coontv in which the same is brought, the writ and any exe-
cution issued against such trustee shall be directed to the sheriff
of any county in this State, or his deputy, or to any constable of
the town in which such trustee resides.

Sec. 4L When the trustee in any such suit resides out of the
oounty in which the process is brought, the plaintiff shall file a
bond, to be approved by the justice before whom the suit is
brought, and in such sum as he shall order, running to such tras-
toe, and conditioned to pay all costs which such trustee may re-
oover in such suit, which bond shall be filed with such justice, and
a minute thereof made on such writ and signed by him before the
Bervice of such writ on any such trustee.

Sec. 42. The fees of every trustee in any court for actual
necessary attendance as trustee^ shall be the same as that of a
witness.



CHAPTER 222.

OF THE ACTION AGAINST TENANTS.
IDENTICAL WITH

Chapter 209 of the Revised Statutes.



Bmanom



1.




IS.


s.


Notice, what is safficieML


13.


s.


** on hntLtk of oonaitioii.




4.




U.


5.


Leasee at will, what are deemed.


15.


€.


Lessee may give notice to qaiL


16.


7.


Possession of premises, how reoorer*


17.




ed ef lessee or occnpant


18.


S.


Summons, form of, in snch case.


19.


9.


" how served.


20.


10.


Jadgment on default or issne for


21.




plaintiff, what to be.


22.


11.


Wiit of postesaion, form oC '





SbctiOv

Jadgment for defendant, i
Evidence of tide not admisdUa «

der the general issae.
fiecogniiance on plea of title.
Neglect to reoogntse, judgment
Action to be entered in C. C. P.
Either party may appeali when.
Recognisance of plaintiff, how.

« " defendant, how.

Proceedings on appeaL
Judgment affirmed, when.
Common law remedy not affected.



Section 1. Any lessor or owner of any lands or tenements,
may at any time determine any lease at will or tenancy at sufTer-
ftnce, by giving to the tenant or occnpant a notice in writing to
quit the same at a day therein named



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tS34 TENANTS. [title

Sec. 2. If any tenent or occupant neglects or refuses to paj
tbe rent due and in arrears upon demand, seven days' notice sbaU
be sufficient K the rent is payable more frequently than once in
three months, whether such rent is due or not due, thirty days' no-
tice shall be sufficient^ and three mooths' notice shall be sufficient
in all cases.

Sec. 3. K any lessee shall violate tbe condition of any written
lease, notice to quit at the end of seven days shall be sufficient and
equivalent to an entry for condition broken.

Sec 4. K any lessee shall hold over after the expiration of a
definite written lease, seven days' notice shall be sufficient.

Sec. 5. Every tenancy or occupancy shall be deemed to be at
will and the rent payable upon demand^ unless a different contract
is shown.

Sec 6. Any lessee may terminate his lease by notice in writ-
ing in the same manner as the lessor, and such notice shall have
tbe same effect for all purposes as a notice by the lessor to the
lessee.

Sec. 7. The owner or lessor of any tenement or real estate may
recover possession thereof, against any lessee or occupant holding
the same without right, after a notice to quit the same, in the man-
ner herein prescribed.

Sec 8. A writ of summons may be issued returnable before a
justice, which shall set forth in substance, that the plaintiff is
entitled to the possession of the demanded premises, and that the
defendant is in possession of the same without right, after notice
in writing to quit the same.

Sec 9. Such writ shall be served seven days before the return
day thereof, in the same manner as other writs of summons should
by law be served.

Sec 10. If the defendant shall make default, or if, on trial, it
shall be considered by the justice that the plaintiff has sustained
his complaint, judgment shall be rendered that the plaintiff recover
possession of the oemanded premises and costs.

Sec 11. A writ of possession shall be thereupon issued by
said justice, substantially in the form prescribed by law in the case
of like vinrits issued by the court of common pleas.

Sec 12. If the plaintiff shall neglect to enter bis action or to
support the same, judgment shall be rendered for the defendant
for hb costs.

Sec 13. Under the general issue, the defendant shall not be
allowed to offer any evidence which may bring the title to the
demanded premises in question.

Sec 14. If tbe defendant shall plead any plea which may bring
in question the title to the demanded premises, he shall recognize
to the plaintiff, with sufficient sureties, in such sum as the justice
shall order, to enter and prosecute said action at the next court of
common pleas for the coonty, and to pay all rent then due or which



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CHAP. 223.]



REFERENCES.



£35



shall become dae, pending eaid action, and the damages and costs
which ma^ be awarded against him.

Sec. 15. If the defendant shall neglect or refuse so to recognize,
judgment shall be rendered against him in the same manner as if
he had refused to make answer to the suit

Sec 16. After the filing of such plea and the entry of such
recognizance, no further proceedings shall be had before such jus-
tice, but the action may be entered and prosecuted in the court of
common pleas, in the same manner as if it were originally com-
menced there.

Sec 17. Any party aggrieved by the judgment of any justice
upon issue joined in such case may, within two hours after the
rendition of such judgment, appeal to the next court of common
pleas for the county.

Sec 18. The plaintiff, before his appeal is allowed, shall recog-
nize to the defendant, with sufficient sureties, in such sum as the
justice may order, to enter and prosecute his appeal and to pay
such costs as may be awarded against him.

Sec 19. The defendant, beiore his appeal is allowed, shaU
recognize to the plaintiff^ with sufficient sureties, in such sum as
the justice may oixler, to enter and prosecute his appeal and to pay
all rent then due or which may become due, pending such suit,
and such damages and costs as may be awarded against him.

Sec 20. The party appealing shall produce certified copies of
the whole case at the court appealed to, and either party may there
offer any evidence in the same manner as if the cause had been
originally commenced there.

Sec Si. K the appellant shall neglect to enter his appeal or to
produce such copies, the court, on complaint of the appellee, shall
affirm the former judgment with additional damages and costs.

Sec 22. Nothing in this chapter shall be construed to prevent
any landlord from pursuing his legal remedy at common law.



CHAPTER 223.

OF kefeeences of disputes by consent, and confessions

OF DEBT BEFORE A JUSTICE OF THE PEACE.
IDENTICAL WITH

Chapter 210 of the Revised Statutes.



Sbctioit
1 . References, when allowed.
8. Form of agreement to refer.

3. Agreement to be acknowledged.

4. Reference of i pecific demand, mode.



SncTioir
6. Reforence of all demands, mode.

6. Submission not to be revoked.

7. Hearing may be fixed by parties.

8. Award how to be made.



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[title xxiir.



SBonov
9. Powen of referees, and oaths.

10. Beport returned to oonrt, hov.

11. Award, when to be made pablic.

12. Beport accepted by ooart or recom-

mitted, and proceedings.

13. Powers of the court in snch case.

14. Fees of justices, referees, Ac



Ssonov

1 5. Costs, how allowed bj referees.

16. If amoanft under $200, jostioa mmj

issae execntioB on report

17. Ck>Dfe88ion of debt regulated.

18. Becord to be made bj jastice.

1 9. ExecutioDS therefor, how serred.



Section 1. All controversies which may be the subject of a
personal action, may be submitted to one or more referees in the
mode prescribed in this chapter.

Sec. 2. The parties may appear personally or by attorney be-
fore any justice of the peace in the county in which either of the
parties resides, and there sign and acknowledge an agreement in
substance as follows :

*^ Know all men by these presents, that of in the

county of and State of and of in the

county of and State of have agreed to submit the

demand made by the said against the said which is

hereto annexed," (or, " and all other demands between said parties,"
as the case may be,) " to the determination of the report

of whom, or the major part of whom, being made as soon as may
be to the court of common pleas for the said county of
judgment thereon shall be final. And if either party shall neglect
to appear before said referees, after proper notice given to them of
the time and place appointed by the i-eferees for hearing the parties,
the referees may proceed in his absence.

Dated this day of in the year 18 ."

Sec. 3. Said agreement having been signed by each of the
parties, shall be acknowledged by them or their attorneys as their
firee act and deed, before the same or some other justice, and any
referee, being a justice, may take said acknowledgment

Sec. 4. If a specific demand only is submitted, it may be
inserted in the agreement, or the same shall be signed by the parW
making it and annexed to. the agreement, and such demand shall
be as particular in stating the substance of the claim in controversy,
as the nature of the case will admit

Sec 5. If all demands between the parties are submitted to the
referees, no specific demand need be annexed to the agreement.

Sec 6. Neither party shall have power to revoke the submis-
sion without the consent of the other.

Sec 7. The parties, if so disposed, mav agree upon and fix in
said agreement the time and place for the hearing, for making an
award thereon, and n\ay vary the form accordingly.

Sec. 8. All the referees must meet and hear the parties, unless
the parties otherwise agree, but a majority may make an award,



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CHAP. 328.] BBFERSHCES. S37

and tfaek leport shall be as valid as iliongh «gned by all the ref-
erees. It shall appear on the face of the awai3, or by the certifi-
cate of the dissenting referee, Aat all <rf them attended and heard
ihe parties, unless the parties shall waive the same in writing on
said agreement

9bc. 9. The referees shall have the same authority as those
appointed by mle of conrt, ^rtd any one of them may administ^
an oath to witnesses in the cause*

Sec. 10. The repcnrt of the referees shall be delivered by one
of the referees to the court to which the same is to be returned,
according to the agreement ; or it shall be sealed up by them and
transmitted to such court, and remain sealed until opened by the
clerk in opep court.

Sec. ll. If the parties agree, the referees may make known
their determination prior to its being returned to the court as afore-
said, and if the parties agree to settle tlieir dispute accordingly,
said report need not be returned to court

Sec 12. The court to which any such report is made, may
accept, reject or recommit the same for further consideration ; and
the referees upon any recommitment, shall appoint a time and
place for a new hearing and give the parties notice thereof, and
the proceedings thereupon shall be the same as in the original
hearing.

Sec 13. The court shall have the same cognizance of any such
report of referees, as they would have if sucn report were made
by referees appointed under a rule from said court in a case
pending therein, and may render judgment and issue execution
thereon.

Sec 14. The fees of the justice for making and taking the
acknowledgment of such agreement shall be fifty cents, to be paid
by the party making the demand, and charged in the bill of costs.
The entry and all other fees shall be the same as in suits in the
same court

Sec 15. The referees may allow such costs as they may deem
reasonable, unless restricted by the submission, and subject to the
revision of the court for good cause shown.

Sec 16. In any case contained in the first section of this chap-
ter, the parties may enter into an agreement to submit the same to
referees as hereinbefore provided, and that the report of such ref-
erees shall be made to such justice and judgment by him rendered
thereon, in which case the form of said agreement may be varied
accordingly. The referees shall proceed in the manner and possess
the same powers as is hereinbefore provided, and the justice, upon
receiving such report, shall render judgment and issue execution
thereon for damages and costs.

Sec 17. Any person may voluntarily appear before any justioe
of the peace in the county in which he resides, and confess that
he is indebted to any other person in a sum not exceeding two
hundred dollars, and consent that a record theieof be made and



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538



FINES— PBNALTlEa— -COSTS.



[title XXV.



execution issue accordingly, or be stayed as said parties shall
agree ; and the justice sbstll make a fair record of such confession
and agreement, which shall be signed by the debtor and the credi-
tor or his agent, and shall enter up judgment and issue execution
thereon.

Sec. 18. Every justice to whom any confession of debt or report
of referees is made as aforesaid, shall keep a full and true record
thereof, signed and certified by himself.

Sec 19. Every execution issued by any justice as aforesaid,
may be served in the same manner as if issued by the court of
common pleas.



TITLE IXV.

OF FINES, FORFEITURES, COSTS AND RECOGNI-
ZANCES.



Chapter 224. Of fines, penalties, costs and recognizances.
Chapter 225. Of forfeitures of personal property.



CHAPTER 224.

OF FINES, PENALTIES, COSTS AND RECOGNIZANCES.
IDENTICAL WITH

Chapter 211 of the Revised Statutes.



Sbotioit

1. Penalties and forfeitnres, how recoy-

ered.

2. " " " how appro-

priated.
8. Time of neglect, how reckoned.

4. Pines, how recorcred.

5. Trial, where to be had.

6. Justice, when qualified to sit

7. General issue may be pleaded, effect.

8. If private prosecutor neglects to pros-

ecute, how prosecuted.

9. Limitation of prosecutions.



SscTioir

10. Witness not disqualified bj interest.

11. If a penalty belongs to a town, suit,

how brought

12. Offender neglecting to perform his

sentence, to be committed.

13. Fines, how to be appropriated.

14. Defendant, if guilty, to pay costs.

15. Expenses of prosecution allowed.

16. Upon forfeiture of recognixance, com-

plainant indemnified.

17. Becognisances, how taken, and suits

'thereon.



Section 1. All penalties and forfeitures may be reeoveied by
action of debt before a justice of the peace, if such penalty or



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CHAP. 234.] FINES ^PENALTIES— COSTS. 539

forfeiture do not exceed thirteen dollars thirty-three cents, other-
wise before the court of common pleas, by any person who will
sue for the same, unless otherwise provided by law.

Sec. 2. Every such penalty and forfeiture shall be one half for
the use of the county in which the offence is committed, the other
half for the use of the prosecutor, unless otherwise limited by law.

Sec 3. When any penalty shall be imposed by any law for
any neglect for any period of time, such neglect may be alleged to
have commenced at any specified time, and shall be reckoned from
the time so alleged.

Sec. 4. All fines imposed by any statute may be recovered by
information or indictment, if no other mode of recovery is special-
ly provided.

Sec 5. All actions, informations and indictments founded on
any penal statute, shall be brought within the county in which the
offence is committed, and not elsewhere.

Sec. 6. In actions for the recovery of any penalty before any
justice, it shall be no cause of exception that such justice resides
or has property within the town in which the oJOfence was commit-
ted, or that the penalty, or any part thereof, may belong to such
town.

Sec. 7. The defendant in any such action may plead the gen-
eral i^ue, and under it give any special matter in evidence.

Sec 8. K a fine or forfeiture, or any part thereof, is given by
any statute to any prosecutor, and no person shall prosecute there-
for within the time limited by such statute, an information may
be filed or an indictment be found therefor, within one year after
such limitation shall expire, and ihe penalty shall accrue to the
use of the county.

Sec 9. All suits or prosecutions founded upon any penal stat-
ute, which are wholly or in part for the use of the prosecutor, shall
be brought within one year, and all other suits or prosecutions on
such statute, within two years after the commission of the offence,
unless otherwise specially provided.

Sec 10. No person shall be disqualified from being a witness
on the trial of any such information or indictment, by reason of
any interest which he may have in any penalty to be recovered
therein.

Sec. 11. When any penalty or forfeiture, or any part thereof,
shall be given to any town by any penal statute, the selectmen
may sue therefor in the name of such town which shall be entitled
to the benefit, and shall defray the expenses of such prosecution,
and the selectmen may remit any such penalty or forfeiture.

Sec 12. If any person sentenced under any penal statute shall
refuse or neglect to perform such sentence, he shall be committed
to the common jail, there to be imprisoned until such sentence is
performed, or he is discharged by due course of law.

Sec 13. All fines arising in any manner shall be for the use



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of the ooQBty, and ahall be pud over to the tteasoier thefeof,
lew otfaerwise specially appropriated.

Sec. 14. If, upon any complaint or p ro eec nti on before any
court or jnsttoe, the d^endant thall be ordered to pay a fine, enter
into a recognizance or snfter any penalty, be shall ako be ordered
to pay costs of prosecution, or such part thereof as^ jnstioe naay
require.

Sec. 15. if any service sbafi be performed by any person by
direction of any court or justice, or of the attorney general or so-
licitor of the county, in bringing to justice any offender charged
with a crime or high-hand^ misdemeanor, the justices of the
court of common pleas shall allow a reasonable sum therefor, and
draw their warrant for the same upon the treasurer of the county.

Sec. 16. If any recognizance shall be forfeited in any case in
which, if such recognizer had been convicted, any sum might
have been due to the complainant or any other person, tiie justms
of the court of common pleas may ascertain the just sum and
costs that might be due, and draw their warrant therefor upon the
treasurer of the county.

Sso. 17. All recognizances shall be taken in the name of tiie
State, and suits thereon may be brought and tried in the county
in which they may be taken, unless the court, in tiieir discretion,
shall order the venue to be changed to some adjoining county.



CHAPTER 252.

OF PORFEITURES OF PEBBOKAL PBOPBBTT.

IDENTICAL WITH

Chapter 212 of the Revised Statutes.



SxoTioir

1. Seizure of property forfeited, how.
[ 3. Libel to be filed, when and where.

3. Warrant thereon, how iuaed.

4. Notice of libel to be giren.

5. Property may be sold, how.



Sbctioh

6. Property appraiied and restored, when.

7. Mode of trial and decree.

8. Costs on trial, how allowed.

9. Appeal and proceedings thereon.



Section 1. Where any personal property shall be forfeited for
any violation of law, any sheriff, deputy sheriff, constable or any
person by law authorized to seize the same, may take and retain



Online LibraryNew HampshireThe compiled statutes of the state of New Hampshire: to which are prefixed ... → online text (page 57 of 80)