32 N.H. 179 | N.H. | 1855
The general purpose of the statutes establishing police courts can hardly be mistaken. The number of justices of the peace in our larger towns had become so increased, and the business consequently so divided, that it was not worthy the attention of persons who were well qualified to discharge the duties of the office. It became, therefore, desirable to establish a single court, with the jurisdiction of a justice of the peace ; to exclude other magistrates generally from acting as such, and to provide a suitable compensation for the justice of such court, sufficient to secure the service of a competent magistrate. To effect this purpose, provision was made for the appointment of a police justice, and an associate, to act where the former was from any cause unable. Jurisdiction in civil cases was broadly given “ of all suits and actions,” triable before a justice of the peace, and writs were forbidden to be made returnable before justices of the peace in the town, and cognizance of all crimes, offences and misdemeanors committed within the town, and falling within a justice’s jurisdiction. The court thus constituted is required to hear and determine all suits, complaints and prosecutions, in like manner as justices of the peace, and the town is required to pay to the judge a suitable annual salary. Comp. Stat. 444, ch. 185.
If the statute had stopped here, the jurisdiction would seem to be confined to cases of offences “ committed within the town.” But the first clause of the fourth section provides that “ all warrants issued by said court, or by any justice of the peace within such town, shall be made returnable and shall be returned before said court.”
It is, however, contended that the language of this section, “ all warrants,” is not to be understood as extending further than to the class of cases mentioned in the first section, “ offences committed within such town,” as if it had read, “ all warrants in the cases aforesaid.” But there does not seem to be any just ground for making such an exception. The language is entirely unqualified, and it could not have been introduced by any oversight. Where the language applies to all cases, it cannot be properly restricted to a part, unless the obvious and natural meaning would be inconsistent with the context. No such inconsistency appears. The first section gives “ cognizance of all crimes, and offences, and misdemeanors, committed within the town,” but it contains no word indicating that the court might not by other provisions have jurisdiction of cases arising elsewhere.
The mischiefs designed to be provided for by the institution of the new court, were by no means confined to cases arising in the town. They existed equally in cases arising any where, and stood in need of the same remedy ; and the rules of construe
An argument is drawn from the provision in relation to the payment of fines, forfeitures and costs to the town, but it strikes us with no force. It seems to have been the design of the law to throw upon the town the expense of maintaining the police court, and to allow it the fines, forfeitures and costs, as to some extent an indemnity, just as is done as to counties in the case of other courts. If the costs are paid to the town, and there is any portion of them which they are not entitled to retain, as the fees of sheriffs and witnesses, they are of course to be paid over to those to whom they belong.
Motion dismissed.