Petition of Harry S. Harris

Supreme Court of New Hampshire

Petition of Harry S. Harris

185 A. 651, 88 N.H. 198, 1936 N.H. LEXIS 41

DecidedJune 25, 1936

StatusPublished

This text of 185 A. 651 (Petition of Harry S. Harris) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Petition of Harry S. Harris, 185 A. 651, 88 N.H. 198, 1936 N.H. LEXIS 41 (N.H. 1936).

Pincite

Opinion

Per Curiam.

The Boscawen Special School District was dissolved as a corporation when its territory became a part of the Penacook Union School District. Laws 1909, c. 239, s. 3. The act under authority of which the same territory was withdrawn (Laws 1935, c. 313) made no specific provision either for its reincorporation as a special district or for its union with any existing district. To adopt the suggestion that the legislature has created a corporate entity by implication, would be to depart from well established canons of construction. The general statute (P. L., c. 119, s. 50) providing that the town district shall take the property of the part of the dissolved district within the territory of the town is regarded as applicable. The reasonable construction is that the legislature intended that the policy of the general laws (P. L., c. 119, s. 1) should operate in this instance and that the whole town of Boscawen should constitute a single district.

Case discharged.

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Per Curiam.

The Boscawen Special School District was dissolved as a corporation when its territory became a part of the Penacook Union School District. Laws 1909, c. 239, s. 3. The act under authority of which the same territory was withdrawn (Laws 1935, c. 313) made no specific provision either for its reincorporation as a special district or for its union with any existing district. To adopt the suggestion that the legislature has created a corporate entity by implication, would be to depart from well established canons of construction. The general statute (P. L., c. 119, s. 50) providing that the town district shall take the property of the part of the dissolved district within the territory of the town is regarded as applicable. The reasonable construction is that the legislature intended that the policy of the general laws (P. L., c. 119, s. 1) should operate in this instance and that the whole town of Boscawen should constitute a single district.

Case discharged.

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Bluebook (online)

185 A. 651, 88 N.H. 198, 1936 N.H. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/petition-of-harry-s-harris-nh-1936.