People Ex Rel. A. Oakey Hall v. Board of Supervisors
New York Court of Appeals
The case arose on an application for a mandamus to compel the hoard of supervisors to audit an account of the relator, for sheriff’s fees paid by the district attorney of the city and county of Hew York, in suits for penalties, which he was required to prosecute under the provisions of the metropolitan police act. The facts alleged by the relator were not denied by the. respondents. A great number of suits were brought, pursuant to the act, by Hr.
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The case arose on an application for a mandamus to compel the hoard of supervisors to audit an account of the relator, for sheriff’s fees paid by the district attorney of the city and county of Hew York, in suits for penalties, which he was required to prosecute under the provisions of the metropolitan police act. The facts alleged by the relator were not denied by the. respondents. A great number of suits were brought, pursuant to the act, by Hr. Waterbury, then district attorney, against parties in Hew York, who incurred such penalties by the unlawful sale of intoxicating liquors on Sundays…
1Opinion of the CourtPorter, J.
The metropolitan jiolice act imposed on the district attorney of each county embraced in its provisions, the duty of prosecuting for all penalties incurred by the sale of intoxicating liquors on the sabbath, or on any election day, within the limits of such county. (2 Sess. Laws 1857, 212, § 21.)
It was eminently appropriate and just that each county specially benefited by the prohibition, should be charged with the duty and expense of penal enforcement within its bounds. We think this purpose was accomplished, by charging the duty of prosecution on the appropriate county officer, whose…
2Cases cited10 opinions
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- Jerome v. RossNew York Court of Chancery · 1823
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- Palmer v. VandenberghNew York Supreme Court · 1829
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