Legal Opinion

People v. Du Bois

New York Court of General Session of the Peace

Decided January 15, 1894PublishedCited by 1 opinion

Appeal from city court of Kingston. Benjamin D. Du Bois was convicted by the acting recorder of being a disorderly person, in abandoning and refusing to support his wife, and was required to give bond in the sum of $500 to indemnify the city from becoming liable for her support, and he appeals.

1Opinion of the CourtClearwater, J.

In consequence of the death of the recorder of the city of Kingston, the common council, in accordance with the provisions of the city charter, (chapter 150 of the Laws of 1872,) designated John N. Clare, one of the justices of the peace of the city, to act as recorder until the vacancy was permanently filled. It is provided by the charter (section 46) that a justice of the peace thus designated, in signing a process, shall add to his official title the words “Acting as Recorder.” In issuing the warrant upon which the defendant was arrested, the acting recorder signed his name, “John K.…

2Cases cited2 opinions

  1. People ex rel. Webster v. Van TassellNew York Supreme Court · 1892
  2. People ex rel. Webster v. Van Tassel, New York County Courts1892

3Cited by1 opinion

  1. People v. Paaschen, New York County Courts1918

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