New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-06
SUPREME COURT-GEsERAL TIRx.-Dec. 5.-Befor
justices CLRREK. LEosAaD, and lNGRAHAs.
THE DISTRICT COURT CLERKS.


John c. Dewey set he Mayor, &c, OF New York.
By TIE CoUKT: ISdRAHAM J.-Edward BOnton
appointed Clerk OF the First District Court by the Mayor
and Board Of Aldermen, In December 1851 he performed
the dotss of the Office Tor three months The salary
paid the claim assigned to the plaintiff This action Is
brought TO recover the
Upon the lfa CT the action certified copy Of tho oath Of
Office Of BoulOn filed In the County Clerk office properly
certified by him offered 10 evidence and rejected by the
Cont upC tie erouud that he na houd be produced
BY oaths Il s officers whose duties are loo are 20
be depos.d in the County Clerks ce In the county whee
they iesdo s., ALL 5th ed) aud BY the l2.t sec q T.
g. aCs sh sdl coPie. Of all papers hIsd "h toe County
Coarts in BIKE tue org.ass were produced ~
the proof having taken the oath Of office necessary to
enable the plaintiff recover then the evidence offered was
adu issible and the Judge erred Ia excluding IL.
H. Tho Judge excluded the oath offered from he Mayors
e because spPesIed thi, the date in the urds had been
al ered and the alteration not explained.
he eog9,s conceded thai p. sIps1siSSn Of such .eTa
case That explanation furnished with the case by
which appears the alteration was made by the Mayor
the tinr Of admnisteog the oath. With such explanation
The paper should have received In evidence and the
SUBJ equent receipt Of this evidence to be submitted to the
Gsrera Term think amounts waiver Of the objection
But without the explanation think the evidence ~ss
une Iteration applies payers In possession Of the
party be injured benefited thereby but not to ecai
patty Here the oath offered taken before the Mayor
Med 10 hI Office. The presnmIton Of fraudulent alter
In S % u sSs 20 ss S custody
main question: however In this Is whether the appoint,
men, c BovtOn CLERK Of tho Police Court on the s' De-
BT tbs Act Of 1885 (ch 1885, the Mayor ard Aldermen
authorized In convention to sppoint the CLERKS OF Police
hs v~eI ain remained in those officers b. tie
F AZ fS 81 ~. spp p IS @ sPIsisa 10 s 1s
dics Districts in which Police Je.@... a. -
Mayor BY the previoss statute tsken Sway It's 'ady
whether the egsiuIe coua vest
,hs appointrnent in the Police Comuissioners
BY section Of 10Th article Of the Cops uon the appoint
me6i Of local officers a. eeied 70 DC made ~ eoIry S
or town should DO elected BY the peo h Inc
construction Of th provision hGs oeen adope' oy be Court
Of Appeals that only sPpes to otoes htn Va e1istenee
All bv have also held that Offices created since the adoption
OF be spp lated In sch other MODE as
the Los islature shall direct. a,
rnps inquiry whether the Office OF Police Court CLERK hs
ben ceasd prior the CoD,tiHdon OF el! because
h, "a the opinion in that case thaf tue foce
referred that act The time Of toe sdopon
OF "a. Constitution, county or city ofteeSs then appoint
by the State authorities could not Do ,o.sea 400
they were created prior TO that time then TIE appoint
under tas &C, would be valid Ihe People sg draper
IS N. Y. Rep sa2 The Same ts Police Board ~ n. L.
Iht office existed before the adoption Of the Con
tutiou IA clear BY the act OF 1888 chap III, sec III the
mower 10 appoint Clerks OF the Police Office was gwen TO the
Msyor Ge NewYork and by the net OF 1874 tcnsP JOB
die designate the Magistrates and CLERKS
Tor each Police District The Office therefore, having been
one m existence before the adoption Of tie Constitution was
loc. oeos and the power TO Gil could lot be ves'ed IN
the officers IN any other manner than was provided
The .esl OF The provisions law adverse to the provisions
OF the OF 1857 did not repeal the statute uDder When the
ns claims because much OF the act OF 1887 - was un
and void law and the repe. referred 10
not includs proyons which were In couret vith ths
part which void. Iins est The State, 70 Ala, 1921
I'VE think therefore, that Bouon legally appointed
Clerk notwithstanding The provisions OF the Metropolitan
Police act and a. such was entitled 10 recover.
new iia must be orosEed costa to abide the event