Chapter 616: Pecuniary Penalties and Forfeitures

Any penalty or forfeiture of money may be recovered by action of debt before a justice if it does not exceed $13.33, before a municipal court if it does not exceed $100, and before the superior court in other cases.

Every such penalty and forfeiture shall be for the use of the county in which the offense is committed, unless otherwise limited.

Whenever judgment is rendered for any such penalty or forfeiture, a writ of execution may issue in favor of the county for the penalty and costs.

If part of a penalty or forfeiture is payable to a town, corporation or board of public officers, they shall have the same rights in relation to such action and penalty as the county has in the cases aforesaid.

Whenever a penalty or forfeiture or any part thereof is given to a town, the selectmen may sue therefor in the name of the town, shall defray the expenses of the action and may remit the penalty or forfeiture.

Whenever a fine or penalty is imposed for neglect for any period of time, the neglect may be alleged to have begun at any specified time and shall be reckoned from the time so alleged; but no suit or prosecution in such case shall be begun against a town or town officers until 20 days after notice in writing of the intention to begin it, nor then, if, within that time, the duty is performed.

In actions for the recovery of a penalty before a justice, it shall be no cause of exception that the justice resides or has property within the town in which the offense was committed, nor that the penalty or any part thereof may belong to the town.

In any such action the defendant may plead the general issue, and under it give any special matter in evidence.

All suits or prosecutions founded upon any penal statute for penalties or forfeitures shall be brought within 2 years after the commission of the offense, unless otherwise specially provided. This section shall apply only to suits or prosecutions brought under this chapter.