People v. Village of Pelham Manor
This text of 234 A.D. 790 (People v. Village of Pelham Manor) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Judgment unanimously directed for plaintiff, without [791]*791costs, on agreed statement of facts. There is no merit in defendant’s contention that, in effect, the village becomes the custodian of the fines for the purpose of paying the justices’ fees and of remitting the balance to the State. There is no provision of law which authorizes a justice of the peace to withhold as a fee any part of the fines collected by him, and he, like other public officers, can act only within the powers conferred by statute. Present — Lazansky, P. J., Carswell, Scudder, Tompkins and Davis, JJ.
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234 A.D. 790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-village-of-pelham-manor-nyappdiv-1931.