New Jersey Law Reports Volume 45. United States Congress Senate
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Author: United States Congress Senate
Page Count: 208 pages
Published Date: 16 Jan 2013
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781234286248
File size: 38 Mb
Download Link: New Jersey Law Reports Volume 45
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1884 edition. Excerpt: ...paid. This evidently gives to the council a choice between two modes of procedure; one, an action of debt, which must be brought in the name of the treasurer; the other, the ancient and familiar summary proceeding on information. Hershofi' v. Beverly, 14 Vroom 139. Von. xvI. 19 Hershoff v. Treasurer of Beverly. This latter proceeding is that which the ordinance under which the prosecutor was convicted directs to be pursued. Speaking generally, such a proceeding is not to be instituted in the name of any formal party. It takes its inception upon complaint being made by any competent person, or in some cases, upon the view of the magistrate. Then must follow legal notice of the charge to the person accused, trial, suflicient evidence of guilt, conviction and judgment. These, and these only, are the essentials of a summary conviction. 1 Burn s Just. 410, tit. Conviction; Keeler V. llfilledge, 4 Zab. 142; McErztie v. Sandford, 13 Vroom 260. When prosecuted to punish offenders against municipal ordinances, the papers are commonly entitled in the corporate name; but I can find no reason for doubting their validity if this were omitted. In the present case, the ordinance directs that the complaint shall be made in the name of the city treasurer, and hence the complainant so complained, and the papers are so endorsed; but this, at the worst, is only superfluous. It afibrds no ground for reversing the proceedings. The second, seventh and eleventh reasons assigned are, in substance, that the law controlling actions of debt was not obeyed. These are all disposed of by remarking that the proceeding was not, and did not purport to be, such an action. The third and fourth reasons are that the evidence of Mary McCloskey that...
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