Bouton v. Neilson
New York Supreme Court
FROM the return to the certiorari, in this cause, if appeared, that Neilson was an overseer of the highways in, and for district no. 6. in Stillwater, ip. the county of Saratoga, and according, to the directions of the “ act to regulate highways,” passed the 8th April, 1801, (laws of N. T. v. 1. p. 588.) made a complaint in writing to the justice, that Bouton had neglected to work on the highways, 8cc. on the 16th October, 1806, according to the warning for that purpose,…
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FROM the return to the certiorari, in this cause, if appeared, that Neilson was an overseer of the highways in, and for district no. 6. in Stillwater, ip. the county of Saratoga, and according, to the directions of the “ act to regulate highways,” passed the 8th April, 1801, (laws of N. T. v. 1. p. 588.) made a complaint in writing to the justice, that Bouton had neglected to work on the highways, 8cc. on the 16th October, 1806, according to the warning for that purpose, given to him by Neilson ; upon, which, the justice issued a warrant against Bouton, to levy and collect of him 1 dollar,…
1Opinion of the CourtThompson, J.
The proceedings in the court below were under the 11th section of the act regulating highways, to recover the penalty ■therein given for neglecting to work on the highway, pursuant to notice. It has been decided by this court (3 Caines, 260.) that proceedings under this, section of the *476, act, are to be in a summary way ; but the question here presented is, whether notice is required to be given to the party against whom the complaint is entered, before the magistrate issues his warrant to collect the fine. It is a ■ just and reasonable rule that no person should be punished without having had…
2Cases cited1 opinion
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