23 Barb. 236 | N.Y. Sup. Ct. | 1856
A just construction of the statute under which these proceedings were had, will not permit this order of the Broome sessions to stand. The 8th section of the act provides that when a father shall abscond from his children or his wife, leaving any of them chargeable, or likely to become chargeable, upon the public for their support, the overseers of the poor of the town where such wife or children may be, may
The 10th section, upon the construction of which the main question in this case depends, reads as follows: “ The said court, upon inquiring into the facts and circumstances of the case, may confirm the said warrant and seizure, or may discharge the same; and if the same' be confirmed, shall from time to time direct what part of the personal property shall be sold, and how much of the proceeds of such sale, and of the rents and profits of the real estate, if any, shall be applied towards the maintenance of the children or wife of the person so absconding.” (1 R. S. 616, § 10.) In the case at bar, the counsel for the overseers of the poor produced before the court of sessions the warrant and inventory, and return of the overseers, and without producing further proof, moved for an order confirming the warrant and seizure. The counsel for Bead moved that the proceedings be dismissed, on the ground .that there was no
Shankland, Gray and Mason, Justices.]