Public-domain · open source
OpenJurist

1 Cow. 204

Ex parte Bennet

New York Supreme Court

Decided August 15, 1823

New York Supreme Court · decided 1823-08-15

A rule had been granted, at the last term, requiring the Supervisors of the county of Erie, to shew cause, by the ^rst day of the present term, why a mandamus should not issue, commanding them to audit and allow the account of Mr. Bennnet, as a county charge, for services rendered by him, as a Justice, under the first section of the act, (sess. . x 44, clu 220, s. 1) m and about the examination and removal of paupers, from the town of Buffalo to another town in this state,…

Decided 1823-08-15

Curia.

¶1This is properly a town charge. The services were rendered in behalf of the town, who wished to avoid the expense of maintaining the pauper, by sending him to another town in this state, where he was settled. Suppose the case had come to an appeal, the town must have carried it on at their own expense, and they ought equally to pay all the other expenses incident to a removal, for their particular benefit. (a)

¶2Rule discharged.

¶3 Vid. sess. 36, ch. 78, s. 9,1 R. L. 282, where the constable’s chart ges for transporting a pauper, under an order, are made a county charge.

/1/cow/204 · .json · Public domain