105 N.H. 70 | N.H. | 1963
The issue in this case is whether an ordinance adopted by the selectmen of the town of Rollinsford is a valid defense to a prosecution for selling merchandise on Sunday. The defendant contends that it is a valid defense while the State maintains that the ordinance has no present force or effect and cannot become effective until it is approved by a majority vote of the legal voters present and voting at the next regular election of the town.
RSA 578:4 prohibiting the sale of merchandise on Sunday with certain exceptions is given some flexibility by RSA 578:5. This latter statute provides that selectmen may adopt ordinances
The defendant’s exception to the certification of a question of law to this court by the Rollinsford municipal court is overruled. It was decided in State v. Deane, 101 N. H. 127, 130 that certification and transfer under RSA 502:24 “is discretionary with the municipal court” and this was specifically reaffirmed in Riendeau v. Milford Municipal Court, 104 N. H. 33, 34. The further contention “that the Rollinsford Municipal Court is not a court of record” is without merit. RSA 502:27.
Remanded.