Synopses & Reviews
Excerpt from The Law and Practice in Special Proceedings, 1869, Vol. 2 of 2
The statute directs the overseers of the poor, of any city or town, who shall discover any person resident therein to be an habitual drunkard, having property to the amount of two hundred and fifty dollars, which may be endangered by means of such drunk enness, to make application to the Supreme Court for the exercise of its powers and jurisdiction. 2 Rev. Stat. 52, sec. 2. The overseers of the poor may also make such application to the Court of Common Pleas (now the county court), of the county where the drunkard resides, whatever amount of property the drunkard may have. And that court, upon the application by the overseers, is vested with the same powers in relation to 'the person and property of the drunkard, as are conferred on the Supreme Court, and is in all respects to proceed in the like manner, subject to an appeal to the Supreme Court. 16. Sec. 3 Code (f Pro. 30; 24 New York, overruling 16 How. 567; and see Laws 464; nw]. Eq. Jar. 683.
The Revised Statutes further provide, in reference to the jurisdiction of that court in cases of habitual drunkards, that the application by the overseers of the poor for a commission may be made, in vacation, to the first judge of the county; who is authorized to award the same to one or more proper persons, to inquire into the fact. Of such alleged habitual drunkenness; and the inquisition taken thereon shall be returned to the next term of the court. Who shall confirm or set the same aside. Id. Ibid. 2 Rev. Stat. 52, sec. 4.
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