LOCAL GOVERNMENT AND TAXATION 101 



Any excess above this is paid from the general funds of the state 

 treasurer in accordance with legislative appropriations. 



The governor, with the advice and consent of the council, ap- 

 points and commissions a justice of the municipal court in all towns 

 having a population of 2,000 or more. ''^ In 1939, 7Z towns and cities 

 showed a total expenditure of $40,319.54, of which $23,923.52, or ap- 

 proximately three-fifths, was expended by cities. In towns having a 

 population of less than 2,000 the selectmen may petition the governor 

 for an appointment of a justice of the peace, known as a trial justice. 



Municipal courts have original jurisdiction over all crimes and 

 offenses committed within the limits of the city or town which are 

 punishable by a fine not exceeding $500, or imprisonment not exceed- 

 ing one year, or both. "^^ Moreover, the court in any town has the 

 same jurisdiction over crimes and offenses committed within any 

 other town in the same county which has no municipal court. In cities 

 and towns having a population of less than 50,000 the municipal court 

 has concurrent jurisdiction with the superior court over civil cases in 

 which the damages do not exceed $100, in which the title of real estate 

 is not involved, and in which the defendant resides within the county 

 where the court is located. Municipal courts located in cities of 50,- 

 000 or more inhabitants have concurrent jurisdiction with the superior 

 court over civil cases in which the damages do not exceed $500, in 

 which the title to real estate is not involved, and in which the defend- 

 ant resides within the county where the court is located. In this 

 latter case the findings of facts are final, but questions of law may be 

 transferred to the supreme court. Any action in which a defendant 

 has a constitutional right to trial by jury may be transferred to the 

 superior court upon request of the defendant. 



In towns having no municipal court the justice of the peace has 

 concurrent jurisdiction with municipal courts over crimes and of- 

 fenses designated in the statutes as "Offenses Against the Police of 

 Towns." ''^ Every justice of the peace may hear and determine any 

 prosecution of a criminal nature where the punishment is by fine of 

 not more than $10, or imprisonment of not more than six months, or 

 both. If the accused pleads guilty," or if he makes it known in writing 

 that he prefers a trial by the justice and waives the right of appeal, 

 a justice may render a decision where the fine is not greater than 

 $100, or six months imprisonment, or both. ''^ 



Cities and towns having a population of 5,000 or more must appro- 

 priate money for the salary of a clerk of the municipal court, an ap- 

 pointee of the justice of that court. The clerk receives all fines, for- 

 feitures, and costs paid into the court, and, after deducting fees and 

 court expenses, turns the remainder over to the town or city treasurer. 



The superior court consists of a chief justice and four associate 

 justices. All are appointed by the governor and council. ''^ The five 



"^ Revised Laws, 1941, Chapter 367, Section 1. 



"8 Revised Laws, 1941, Chapter 367, Section IS. 



^Revised Laws, 1941, Chapter 430. 



"* Revised Laws, 1941, Chapter 411. 



79 New Hampshire Constitution, Form of Government, Article 46. 



