Majority
p. 204Ex parte, Philander Bennet, one of the Justices of the Peace of the county of Erie. cited the statute, (sess. 44, ch. 117. s. 3.)
Headnote
A justice’s amining and pe™°from one town to anostate, °aretha town, not a county charge.A rule had been granted, at the last term, requiring the Supervisors of the county of Erie, to shew cause, by the ^rst day of the present term, why a mandamus should not issue, commanding them to audit and allow the account of Mr. Bennnet, as a county charge, for services rendered by him, as a Justice, under the first section of the act, (sess. . x 44, clu 220, s. 1) m and about the examination and removal of paupers, from the town of Buffalo to another town in this state, where they were settled. And the only question was, whether these services were properly chargeable to the town for whom they were rendered, or to be audited and allowed as a part of the contingent charges of the county.
Talcott, (Attorney General) shewed cause.
S. Beardsley, contra,
This is properly a town charge. The services were rendered in behalf of the town, who wished to avoid the expense of maintaining the pauper, by sending him to another town in this state, where he was settled. Suppose the case had come to an appeal, the town must have carried it on at their own expense, and they ought equally to pay all the other expenses incident to a removal, for their particular benefit.[1]
Rule discharged.
(a) (a) Vid. sess. 36, ch. 78, s. 9,1 R. L. 282, where the constable’s chart ges for transporting a pauper, under an order, are made a county charge.