Garey v. People ex rel. Ingersoll — 9 Cow. 639

Majority

p. 669

David Garey, plaintiff in error, against The People, ex rel. Justus Ingersoll, defendants in error

Headnote

The legislature have no power to" shorten1 "the constitutional term-of office of a justice of the. peace.

This cannot be done indirectly by 'the erection or division of counties.

Where a town is transferred from one county, to another, or a new county made out of several towns, the justices of these towns continue to hold their offices,- as justices of the same town or towns in the new counties.

The office of justice of the peace is, under the new constitution and the statute which it adopts, (sess. 41, ch. 60, § 2,) a town office, though it has bounty-powers.

p. 670

On error from the supreme court, 6 Cowen, 642, S. C by the title of The People, ex reí. Ingersoll, ti. Garey.

The cause was argued here by

J. V. Henry, for the plaintiff in error, and

Talcott, (attorney general) contra.

delivered an opinion in favor of affirm* ing the judgment below; with whom Allen, Crary, Dayan, Enos, Gardiner, Haight, Hart, Jordan, Lake, McMartin, Nelson, Oliver, Smith, Stebbins, Waterman and Wilkeson, Senators, concurred.

For reversal, Burrows, Elsworth, McCall and McCarty, Senators.

Judgment affirmed.