Legal Opinion

People ex rel. Grace v. Board of Police Commissioners of the City of Troy

New York Supreme Court

Decided March 15, 1872Published

Appeal by the relator from an order made at special term, denying an application for a peremptory mandamus against the board of police commissioners of the city of Troy, to require said board forthwith to permit and suffer the relator to discharge his duties as captain of the police force of said" city, and to execute and deliver to him drafts upon the' chamberlain for the payment of the relator’s salary theretofore earned. • On the 19th day of June, 1871, he was served with…

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Appeal by the relator from an order made at special term, denying an application for a peremptory mandamus against the board of police commissioners of the city of Troy, to require said board forthwith to permit and suffer the relator to discharge his duties as captain of the police force of said" city, and to execute and deliver to him drafts upon the' chamberlain for the payment of the relator’s salary theretofore earned. • On the 19th day of June, 1871, he was served with a notice to.appear before the commissioners on the 31st of that month, to answer to charges preferred against him for…

1Opinion of the Court

By the court, Miller, P. J.

—I think that the commissioners had power to revoke the relator’s appointment. The rules and regulations of the commissioners prescribe certain qualifications for persons appointed, and among others, that such persons shall be not less than twenty-one, nor over forty years of age, when, therefore, a person appointed arrives at the age of forty years, he becomes disqualified, and the right to declare that he is such is incident to the general powers of the commissioners. If it were otherwise then the rule would be of no avail after an appointment had once been made.

Th…

2Cases cited6 opinions

  1. People Ex Rel. Cook v. Board of Police of the Metropolitan Police DistrictNew York Court of Appeals · 1868
  2. People Ex Rel. Belden v. Contracting BoardNew York Court of Appeals · 1863
  3. The People v. . Metropolitan Police BoardNew York Court of Appeals · 1859
  4. People Ex Rel. Bullard v. Contracting BoardNew York Court of Appeals · 1865
  5. People ex rel. Titus v. Board of Police of the Metropolitan Police DistrictNew York Supreme Court · 1861

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