Trustees of Rochester v. Symonds
New York Supreme Court
Demurrer to pleas. The declaration is m debt, on bond bearing date 8th May, 1827, in the penal sum of $6000, conditioned for the faithful performance by Symonds of the duties-of collector of village for the year ensuing the date of the bond. The suit is against him and his sureties. There are eight breaches assigned.
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Demurrer to pleas. The declaration is m debt, on bond bearing date 8th May, 1827, in the penal sum of $6000, conditioned for the faithful performance by Symonds of the duties-of collector of village for the year ensuing the date of the bond. The suit is against him and his sureties. There are eight breaches assigned. In the assignment of the first breach, it is-averred that on the 23d October, 1827, a warrant was duly issued by the trustees of the village, under their corporate seal, by virtue of the authority conferred by the act of incorporation of the village, and delivered to Symonds as…
1Opinion of the Court
By the Court,
Savage, Ch. J.
The act to incorporate the village of Rochester, Laws of 1826, page 112, is not as.explicit as to the duties of the collector. The 6th section directs that a collector be chosen: the 15th requires him to give security ; the 16th limits the amount to be raised for taxes to defray the expenses of lighting the streets and bridges, supporting a night watch and defraying the expenses of any local improvement not otherwise provided for, and to defray contingent expenses. These taxes are to be collected in the same manner as taxes are collected in the county; by the…
2Cited by4 opinions
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- Westfall v. GereNew York Supreme Court · 1870
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