Health Department v. Pinckney

Citations

• 7 Daly 260

Syllabus

<p>The Health Department of the. city of New York, created by the charter of 1873 (L. 1873, c. 335, § 80, p. 505), cannot sue for the penalty of $50 for violation of a special order made by it, as tlie Metropolitan Board of Health (created, by L. 1866, c. 74) could.*</p> <p>Tlie Health Department of the city of New York, created by the charter of 1873, is not such a continuation of the Metropolitan Board of Health, created by tlie act of-1866 (L. 1866, c. 74), as to make the statutory regulations for the enforcement of penalties by the latter body applicable to it.*</p> <p>The provisions of tlie act amending the charter of 1873 (L. 1873, c. 757, § 12, p. 1125); by which the “ authority, duty and powers” of the Metropolitan Board of Health are conferred upon the Health Department, did not give the Health Department power to sue for penalties in those cases where, by statute, the Metropolitan Board of Health had been entitled to do so.*</p>