The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-22

IL sepuchre and then toes and 70 ds
friends may 6iafs the mercy do not deserve the
doom ,ney sought for II Is not msae their own.
Supreme COuIt-sPeciA Term.
Before Hou Ju-se Davies.
OPINIONS ON SUITS FOR WORK PERFORMED FOE THE
OITY.
Dxc. 2oThs People, a. The r.la.ion Ct fsos kespedo.
and CAds W. Baker, us AsdrtU y. Sola, County ms.
saer. The Same al Ae relation Of Cnas. AcGsE a. rse
Same AN aei native has been issued in q Oh
Of the above cases. ara motion Is made that pc.
remptory maDdamus hue. In the first il 10 alleged
that on the 18th Of January 1885, resolution was adopt
ed by the Board Of Supervisors directing The books Of
record IN the Registers Office 10 be repaired under the
direction Of the Committee OF the Board County Oces
performed the same ano thai ner bill, therefore, wa
duly presented The Board Of Supervisors and audited
ana allowed 81 the sum OF - b4i 90 that Beard Of
Supervisors directed the deienosn, 70 pay the sum-
In the second case the eaIor Heges thai he en-
pioyed BY three Of The super vpors eonstons the Com
mitaee on Owl Courts 70 pnint the occupied or
tue Superior Court; that he them AZ pre-
sen'ed bs c 70 the Board or Supervisors tor she york.
which amounted 70 the Sum OF $500 aud viii n toe Board
have audited and allowed At tina, Gum, direced the
defendant 10 pay the M. u. B. v. wcoxsop a.
ftndant.
Judge p~yiss delivered very elaborate opinion M tho
case IN The course Of Hnicn be ssysrne Rekieer Of
city and county oil New York coonty ses. Il 10
made the duty Of the Register OF city ana county OF
New York to provice the necessary books recording
Ike dusy imposed on Inc CLERKS VI me counues
In the case OF Bright rs he supervisors Of CnsnanEo
fis john Rep a31). tns Court neid that athe booxs
directed 70 be procured become pefmauens records md
are The pre- perry u the county Although not
sney are Io.aS &c. NE esSen. Of tue o.uny rhe CLERK
not bound " psy TIE lrec.diDg clerk hence oi
lows mat u no compensation - 20 be made becomes
game OF chance between TIE different incunbents Toe
one who comes IN after books provided and re-
tires beoresnew necessary viii md II 40 Office
Of proat, while tho PREDECESSOR, who purchased he
NAV ul. haua
ized sufficient 10 equal his actual sdyAaccmeps sucn
injustice has no, received the sA.c,on OF iA~ but
guarded against by requiring The Board OF s1pcry,sorr
W allow al accounts cbars, aoie axainat the oounly.1
TIE authority was general aad Intended embrace
The benent OF the county, and for when oxher
bad not been made Inc prtson' clearly cae or
hat description, 30 lar ~ respects the books purcnassa
D rmy WIN TINS principle the book. IN ,ns Esrs
er's olice have boon purchased paid for by shs
ean,y sne are too property OF the county.
ioowf tnai the necessary expeAas Incurred keep
ny the property OF The county repair and 70 preserve
srom decay and KEEP In coalition for use 10 pro.
er and legal coany charge Ii the drly Of The Board
CT sup<rvnos 70 provide tie With rooms s,t4 nd
En, lights, &C. II the Bard nes,ec, the cour.S may
rdsr NE shenn 70 do 90, and tne oxpease becoms .
county charge. II there no o,bsr oosAsl 10 he
way shoud grant the perempiory msndamus
S1 ns 3. ,ss sas s. proper 70 place
county which 40 not exist In refer the supervisors
Of any other county OF ais etse thai aware or Tno
work 70 DO iurI nhed for Corporation involving an
expenditure OF moro tnsn $3.50 shall DO by contrs, 4
n
With puoc notice anc ali such contracts ,nsn he
given 10 the lowest bidder Inc In eacn Of me
above cazss, sppar' ut sere such tae Supervisors
were authorized 70 make but Iurtaer declared thai
tuch contracts must made In the provided in
the l1th sscnon. q coaos led that shey MOI 90
made; uat ihe exper oture each was over the
sum Of $3.50; that no public rosce &C. wAs given and
thai the worE was not dor1 Dy contract n This stasuso
the Of the s,ave follows ina, the &C oerytsors
could create legal liability against the county pv nav
ing his work cone direct yicsuon Of the provisions Of
this act nst DO charge has been created against the
ana hat lhta CnQr malls
. perempsory mandsmus to the County Treasurer com-
mandng nm TO pay tnese secoanw but that would DO
lis dniy on proper application, 20 res,rAs him from 80
dong While may regret that IN teess particular cases
an compelled 10 comc this result my duty 10 main
An the law ~ nnd IL u TOO clear 10 shrink from ID ina
Jss then reviewed the law and the amended cnartsr.
and cited many auth Jrilss says: must sneYefoy,
bold on the authority Of the eases cited tbs. mo ao 70
maze applicable 70 the Bos,d u Supervisors sections IL
and 10 VI thai ACT unoooseulonA and void N no sob
sequ, mt lessAton has removed the diicaiy. Il SCENE
that this L.gature ald n.eri 70 are
tbe responsibility OF rc-ouacIpg tie law Itself and thsa
The language usea more broad and ssnincan, isAa
usua declaration THAT this set shall take eject mms-
ciasy" an therefore Of the opinion the provs,ons
o. the statute IN reference 70 the duty Of Supervisors
and have besn legally enacted ana that IN the
REALTORS have legal slain sg.nu The county for the
NE motion Tor persmgory Danda mus In each case
must be denied
SUIT FOR ErcoRprsG srrrHs, DEATHS AVID MAR
uAGEe.
Drc. 1o-7h PeTae az ne r,a.ior q TAes A. Downing
o. Andrea Y. csO,s Con<y Tsasurr.-An Alternative
mandAmus having been ssued this case and 10 ~b,h
return has been made By the defendants, motion d
row made that r~renpsory nsndamus 10 seue. M.
wIlcensop Appeared Tor the Corporation counsel Judge
Davies aso gave very lengthy decision In his ease Ia
the year 1853 The Legislature Of this state enacted lay
providing for the keeping record By The Inspector Of
New York Of each btn, marriage and death. The 500
ton OF tbe ACT DIVIDES that Inc CITY Inspector snoud be
In Ia
TIE Board Of Supervisors might establish Inc fees for
recording births beng payable by the supervsors sse
Tor marriages By the persons reporting tscm, and
rot 10 exceed ten otnw Toe relsor CIV pectov
performed the d-ss encped upon him by virtue OF This
the present year. he presented account 70 the Board
they directed pay mcnt thereof by the defendant the
County treasurer, HIS refusal based the grount
that the only fund OF which the be paid IN
he az s7octo authorized by the annual tar bill Of
1850 be raised Cr county and that the
whole of fund excsps the $50 had been pait
Ut by him. A evidence o. such ~ ments the County
reasnIer bss fpI pisbet the court ~ish state ueu BIZ
which appears that no has paid ffoan January L. 1855
10 december 1s5e out Of that furd o. $40 600 sy var
rant see es3 c8 leaving balance Ia h hands Of only
81 The Judge havnl revic-e ID The Law on me mat
Ter, Of opinion that the rslstor cprod the relief
allowed him By the sssue. aaagtsats the peremp sory
mandsmus with coats