People ex rel. Fraser v. Board of Auditors
New York Supreme Court
On motion for peremptory writ of mandamus. The relator, B. A. Fraser, justice of the peace of the town of Delhi, Delaware county, on complaint duly made, issued on the 10th of September, 1887, a warrant, returnable before himself, for the arrest of one Arthur Murray, charged with the commission of a petit larceny in the town of Bovina, in said county.
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On motion for peremptory writ of mandamus. The relator, B. A. Fraser, justice of the peace of the town of Delhi, Delaware county, on complaint duly made, issued on the 10th of September, 1887, a warrant, returnable before himself, for the arrest of one Arthur Murray, charged with the commission of a petit larceny in the town of Bovina, in said county. Murray was arrested, and tried before the relator, who submitted to the board of audit of the town of Bovina his account for fees in the proceedings. The board allowed fees for issuing the warrant, but disallowed the fees for trial; claiming…
1Opinion of the CourtParker, J.
Prior to 1845, all warrants issued by a justice of the peace must require the offender tobe brought before the justice issuing them, (Rev. St. pt. 4, e. 2, tit. 2, § 3;) and the accused, when arrested, must be taken before such justice, except in two instances,—one when arrested in another county for a crime less than a felony, (sections 7 and 8;) and the other, in case the justice was absent, or his office vacant, the accused must be taken before the nearest magistrate in the same county, (section 12.) Thus, whether the offense was committed in the town where the justice resided or not,…
2Cases cited4 opinions
- Mongeon v. . People of the State of N.Y.New York Court of Appeals · 1874
- People Ex Rel. Lawrence v. Board of Supervisors of the County of WestchesterNew York Court of Appeals · 1878
- People Ex Rel. Ross v. . City of BrooklynNew York Court of Appeals · 1877
- People Ex Rel. v. . B'd Sup'rs of Ontario CountyNew York Court of Appeals · 1881
3Cited by1 opinion
- People ex rel. Fraser v. Board of Auditors of HamdenNew York Supreme Court · 1893