Board of Commissioners of Pilots v. Vanderbilt
New York Court of Appeals
The appeal is from a final judgment of the General Term of the Superior Court of the city of New York, entered June, 15th, 1864 (overruling exceptions taken by the plaintiffs at the trial, and ordered to be heard in the first instance at the General Term), dismissing the plaintiff’s complaint and adjudging $284.57, costs and disbursements to the defendants.
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The appeal is from a final judgment of the General Term of the Superior Court of the city of New York, entered June, 15th, 1864 (overruling exceptions taken by the plaintiffs at the trial, and ordered to be heard in the first instance at the General Term), dismissing the plaintiff’s complaint and adjudging $284.57, costs and disbursements to the defendants. This action was brought to recover a penalty of $25 per day from November 10, 1860, to the day of trial, for a violation, by defendant, of section 2 of the act “To prevent encroachments and obstructions in the harbor of New York, and to…
1Opinion of the CourtHogeboom, J.
The action is for a penalty prescribed by a positive statute; and the conditions upon which the penalty-attaches must, therefore, be shown to have existed. The penalty imposed by the act is a fine of twenty-five dollars for every day which the obstruction shall remain after a notice from the board of commissioners of pilots to the person erecting or maintaining the obstruction. The object of the notice, and the act to be performed under it, are very imperfectly described in the statute—so imperfectly, indeed, that I have great doubts whether the act is of any legal effect in regard to the…
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