In re Gorry — 15 N.Y. St. Rep. 315

Majority

p. 315

In the Matter of John Gorry.

(Supreme Court, General Term, First Department,

Filed March 28, 1888.)

Headnote

1. Insane person—Commitment of—Jurisdiction conferred upon JUSTICES OF THE SUPREME COURT—LAWS 1874, CHAP. 446.

The legislature, by Laws 1874, chap. 446, conferred the power to approve the certificate of the physicians setting forth the insanity of per sons to be committed as insane, upon justices of the supreme, court. •

2. Judicial notice.

The court will take judicial notice that a justice of the supreme court is' such.

p. 316

Appeal from order dismissing habeas corpus.

A. P. Wagner, for app’lt; W. L. Turner, for resp’t.

The statute, chapter 446 of the Laws of 1874, regulating commitments of the insane gives the authority to justice of a court of record of the district in which the lunatic resides to approve of the certificate of the physicians setting forth the insanity of the person to be committed.

It is evident that the legislature intended by this language to confer this power upon justices of the supreme court, because there were no other judicial officers of courts of record who had jurisdiction extending over the state, and who were elected in particular districts, and to which this language could apply.

The learned justice before whom this proceeding was conducted was undoubtedly right in saying that the court will take judicial notice that George C. Barrett, before whom the affidavit was made, was a justice of the supreme court of the state of New York.

The order appealed from should, therefore, be affirmed, without costs.