New Hampshire Revised Statutes 153:6 – Review
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Terms Used In New Hampshire Revised Statutes 153:6
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Any person or corporation aggrieved by any such rule or regulation may apply by petition to the superior court in the county in which such person or corporation resides or has its principal place of business, for a review of such rule or regulation, within 90 days after the effective date thereof. No such petition shall suspend the operation of the rule or regulation complained of; provided that the superior court may order a suspension of such rule or regulation pending the determination of such petition for review, whenever in the opinion of the court, justice may require such suspension. In the trial of such petition for review, the court shall consider not only the record of evidence presented to the state fire marshal but also such additional evidence as the parties may offer. The court may hold unlawful and set aside rules and regulations of the state fire marshal found to be (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege or immunity; (3) in excess of statutory jurisdiction, authority or limitations; (4) without observance of procedure required by law; (5) unsupported by substantial evidence; or (6) unwarranted by the facts as found by the court. The court may make such final order or decree as justice may require.