Nash v. People — 33 How. Pr. 384

Majority

p. 384

COURT OF APPEALS.

Louisa Nash, appellant agt. The People, respondents

Headnote

The ctty judge of the city of New York has no authority to issue a writ of habeas corpus, out of court.

June Term, 1866.

.The question presented in this court for adjudication is, can the city judge of the city of New York, under any existing law, out of court, issue the writ of habeas corpus ? The appellant claimed for the city judge such authority, as being vested in him by the provision of the law giving him, ecc officio, the powers and functions vested in the recorder of the city of New York.

The Coubt held, that the city judge had not authority to issue writs of habeas corpus, out of court, on the ground that the city recorder had his authority to issue the writ of habeas corpus in virtue of Ms power, ex officio, as supreme court commissioner; and that the office of supreme court commissioner was abolished by the constitution of 1846, since which the recorder of the city had no authority to issue writs of habeas corpus, and consequently the city judge could not derive such authority from the law vesting him, ex officio, with the powers and functions of the recorder of the city of New York.

The judgment of the court below was therefore affirmed.