New Hampshire Revised Statutes 308:8 – Procedure; Notice
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Terms Used In New Hampshire Revised Statutes 308:8
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Service of process: The service of writs or summonses to the appropriate party.
- 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
- Summons: Another word for subpoena used by the criminal justice system.
When in the judgment of the state body of any denomination, or, in case there is no state body, of the superior body of such denomination, any church or religious society affiliated with such denomination shall have become extinct under the definition of N.H. Rev. Stat. § 308:7, such body may file, in the superior court for the county in which such church or religious society has been theretofore situated, a bill in equity setting forth the facts and asking that the title to the property of such church or religious society, real and personal, including invested and uninvested funds, be vested in such body. In every such bill in equity, the church or society alleged to be extinct shall be named as defendant. Summons shall be issued and served as provided for in other equitable proceedings; and if no officer of such church or society can be found upon whom service of process can be had, the court, upon affidavit showing such fact, may order notice to be served upon some one or more members of such church or society; and, if no such officer or member can be found, the court, upon affidavit showing such fact, may order notice by publication. Notice shall also be given to the attorney general.