People ex rel. Baldwin v. Board of Supervisors
New York Supreme Court
The relator in this proceeding was duly appointed under the act of March 12, 1855, a marshal to take the census in and for the town of Lima, in said county of Livingston; and for the service rendered under the supplemental act, passed April 6, 1855, became entitled to be paid the sum of two dollars per day for the time actually expended.
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The relator in this proceeding was duly appointed under the act of March 12, 1855, a marshal to take the census in and for the town of Lima, in said county of Livingston; and for the service rendered under the supplemental act, passed April 6, 1855, became entitled to be paid the sum of two dollars per day for the time actually expended. The writ of mandamus states, that he was actually and necessarily employed in the discharge of his duties, as such marshal, in taking the census and enumeration of the inhabitants of the said town of Lima, fifty-nine days; and that he presented his account,…
1Opinion of the Court
E. Darwin Smith, Justice.
By the 13th section of the act providing for taking the census of March 12th, 1855, the accounts for the services of the marshal, performed under said act, were to be audited by the supervisors of the county where the services were performed, and assessed, collected and paid as part of the contingent expenses of the county; and by the supplemental act of April 6th, each marshal was entitled to receive two dollars for each day he was actually and necessarily employed, to be audited and allowed as aforesaid.
Neither of these acts directs how the accounts of the marshal…
2Cases cited2 opinions
- People ex rel. Wilson v. Supervisors of AlbanyNew York Supreme Court · 1815
- People ex rel. Board of Health v. Supervisors of DutchessNew York Supreme Court · 1833
3Cited by3 opinions
- People & Platt v. StoutNew York Supreme Court · 1860
- Erhard v. Kings CountyNew York Supreme Court · 1895
- Parrott v. Knickerbocker Ice Co.The Superior Court of New York City · 1869