Foreign Attachment. Question whether the trustee should be charged. Before the commencement of this suit, the defendant instituted prosecutions against two persons for violation of the liquor law, and caused them to be indicted on his own testimony, intending to claim half of the fines, under Gen. St., c. 99, s. 21, and declaring that he made complaint, and testified before the grand jury for that purpose.
Decided 1879-06-05
Foster, J.
¶1
A complainant, instituting and carrying on prosecutions for the illegal sale of spirituous liquor, is “ entitled to one half of every fine collected through such prosecution.” Gen. St.,
c.
99,
s.
21. When the fines were paid into the county treasury, the
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plaintiff was entitled to one half of
them.
His disclaimer, after attachment by trustee process, of any interest in the fines which prior thereto he was seeking to obtain and was entitled to receive, will not enable him to accomplish his design to defraud his creditor. By the provisions of Gen. St.,
c.
230, s. 28, the trustee is chargeable.
