The case in its present form presents questions *Page 668 which may never arise on a trial. It is not advisable to pass upon unnecessary cases. State v. Stevens, 36 N.H. 59, 60; Sceva v. True,53 N.H. 627; State v. Baron, 64 N.H. 612.
CLARK, J., did not sit: the others concurred.
Case discharged.