People ex rel. Osterhout v. Perry
New York Supreme Court
Motion for peremptory mandamus. The relator stated that having provided himself with a public office in the city of Albany wherein to carry on the business of booking emigrant passengers, &c. he did, on the 13th of May, make application to the defendant for a license, pursuant to the 7th section of the act for the protection of emigrants arriving in the state of New-York, passed April 11, 1848; that he tendered to him the sum of $25, and a satisfactory bond, as required by…
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Motion for peremptory mandamus. The relator stated that having provided himself with a public office in the city of Albany wherein to carry on the business of booking emigrant passengers, &c. he did, on the 13th of May, make application to the defendant for a license, pursuant to the 7th section of the act for the protection of emigrants arriving in the state of New-York, passed April 11, 1848; that he tendered to him the sum of $25, and a satisfactory bond, as required by the act; that, although the defendant acknowledged the bond to be satisfactory, he refused to give the license, for the…
1Opinion of the CourtHarris, J.
The 7th section of the act for the protection of emigrants, (Sess. Laws of 1848, p. 328,) prohibits the exercise *207of the vocation of booking emigrant passengers, &c. without the license of the mayor. That officer claims also that the section is to be so construed as to vest in him the power of granting or withholding such license, as in the exercise of his discretion, he shall see fit, while the relator insists that, upon complying with the requirements of the law, he is entitled to the license, as a matter of legal right. ,
But for this statute, any person might “ exercise this vocation.” The…
2Cited by18 opinions
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- People ex rel. Raster v. HealyIllinois Supreme Court · 1907
- People ex rel. Green v. Board of CommissionersIllinois Supreme Court · 1898
- French v. JonesMassachusetts Supreme Judicial Court · 1906
- State ex rel. Benton v. ElderNebraska Supreme Court · 1891
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