People ex rel. Noble v. Board of Commissioners of Pilots
New York Supreme Court
THIS was an appeal from an order made at a special term, superseding a common law writ of certiorari. The writ was issued to the Board of Commissioners of Pilots, commanding them to certify their record and proceedings in suspending the relator from acting as a pilot of the port of Hew York.
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THIS was an appeal from an order made at a special term, superseding a common law writ of certiorari. The writ was issued to the Board of Commissioners of Pilots, commanding them to certify their record and proceedings in suspending the relator from acting as a pilot of the port of Hew York. The relator, Ralph Hohle, is one of the Sandy Hook pilots, licensed by the Board of Commissioners of Pilots, pursuant to the authority conferred on them by the “ Act to provide for' the licensing and government of the pilots, and regulating pilotage of the port of Hew York,” passed June 28, 1853. (2 R. S.…
1Opinion of the Court
By the Court,
Barnard, J.
Section 23 of the pilot .law gives the relator ample remedy by appeal for a rehearing, to the commissioners. We cannot assume that that "body, will necessarily adhere to their previous decision; but on the contrary must assume that if that body is convinced, on a rehearing, that the former proceedings were irregular, or that the former decision was erroneous either upon the facts or the law, it will promptly reverse its former decision. This remedy of a rehearing being given, the writ of certiorari should not be granted till such remedy has been exhausted.
Order…
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