Fitch v. People, ex Relatione Platt
New York Supreme Court
IN ERROR, on certiorari, to remove the proceedings he-fore a J ustice of the Peace, under the act to prevent forcible entries and detainers. (Sess. 11. c. 6. 1N.R.L. 96.) It appeared from the return to the certiorari, that the justice, on complaint made to him, repaired to the place, and finding that Fitch, the plaintiff in error, was holding the premises forcibly, after a forcible entry by him, imposed a ■fine of 12 dollars and 50 cents.
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IN ERROR, on certiorari, to remove the proceedings he-fore a J ustice of the Peace, under the act to prevent forcible entries and detainers. (Sess. 11. c. 6. 1N.R.L. 96.) It appeared from the return to the certiorari, that the justice, on complaint made to him, repaired to the place, and finding that Fitch, the plaintiff in error, was holding the premises forcibly, after a forcible entry by him, imposed a ■fine of 12 dollars and 50 cents. Process was then issued to summon a jury to inquire of the forcible entry and detainer. A jury was convened, and a bill, or inquisition, found. The…
1Opinion of the CourtSpencer, J.
The statute provides, that. after a trial on the traverse, if the traverse taken, be tried against the person indicted, that the. person convicted shall pay such costs and damages to the party complaining, as shall be assessed by the justices, or justice, before whom the same is tried. In this respect, our statute is substantially a transcript of the statute 31st Eliz. ch. 11., and yet I can find no trace of a precedent or adjudication, that the justices who award restitution may, under this act, exercise such high and unlimited discretion as to impose upon the party the payment of a gross…
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