205 N.Y. 490 | NY | 1912
The relator was imprisoned under a commitment which recited that she had been found guilty of disorderly conduct which, in the opinion of the magistrate, tended to a breach of the peace. She was arrested in New York city on Sunday, February 25th, 1912, taken directly before a city magistrate, where she pleaded not guilty and was summarily convicted and sentenced. By her petition for a writ of habeas corpus she challenges the legality of her conviction on the ground that the magistrate had no power to hear, try and determine her case on Sunday. At Special Term the writ was dismissed and the relator remanded. At the Appellate Division the order was unanimously affirmed, whereupon the relator appealed to this court. If it were not for conflicting decisions in similar cases by the Appellate Divisions of the first and second departments (People ex rel. Price v. Warden,etc.,
The relator relies upon the decision of the Appellate Division in the second department in the case of People ex rel. Ryan v.Supt. State Reformatory at Bedford (supra), where the conclusion was reached that the city magistrates of New York city have no authority to hold court on Sundays except for the limited purposes specified in section
In the so-called Inferior Criminal Courts Act (Laws 1910, ch. 659, sec. 71) which relates to the Magistrates' Courts of New York city, we find a general provision for holding courts on all days including Sunday. "There shall be a city magistrates court held daily in every court district and * * * each court shall be open every day at nine o'clock in the morning and shall not be closed before four o'clock in the afternoon, and the city magistrate assigned thereto shall be in attendance thereat except during a reasonable recess and except that the *494 afternoon session may be dispensed with upon Saturdays, Sundaysand holidays, other than days upon which general elections are held, when each court shall be open until the polls close." There is nothing in the context of this statute which suggests any limitation upon the jurisdiction of the magistrates' courts on Saturdays, Sundays or holidays. The only difference between these days and the other days of the week is as to the time of sitting. On Saturdays, Sundays and holidays the afternoon sessions "may be dispensed with," but on other days they must be held as the statute prescribes. A liberal and reasonable construction of this statutory direction would seem to indicate that it was the legislative purpose to confer upon the Magistrates' Courts of New York city the same general jurisdiction for their sittings on Sundays which they concededly have the right to exercise on other days. We think that the distinct provision for the difference in the hours of sitting and the omission of any direction differentiating the jurisdiction on Sundays from that of other days, fairly supports the inference that the jurisdiction was to be the same on all days.
There is even broader ground, however, upon which the decision herein can be supported. We think the provision in section
The orders of the Appellate Division and the Special Term should be affirmed.
CULLEN, Ch. J., GRAY, WILLARD BARTLETT, HISCOCK, CHASE and COLLIN, JJ., concur.
Orders affirmed.