John D. Smith for respondent.
Charles H. Stewart and
Robert O. Cotten for appellants.
inspections. On the record, in this case, the court cannot hold, that the ordinance is unconstitutional or illegal. The appellants also urge, that the Justice of the Peace issuing the warrant was disqualified in that he as attorney was delegated by the town board to prepare and advise regarding the trailer ordinance and in effect, acted as attorney and counsel for the town board. This court does not believe that this point is well taken. The Justice was not acting as village attorney, but as a member of the town board by virtue of his office as Justice of the Peace. In preparing or helping prepare the ordinance, he was merely acting within the scope of his duties as a member of the town board and presumably, was not receiving any extra compensation. The Justice did not have any interest in this case, within the meaning and intent of section 14 of the Judiciary Law. (
People ex rel. Morris v. Edmonds, 15 Barb. 529;
Matter of Hancock, 91 N.Y. 284.) In the opinion of this court, he was not disqualified from acting in this case, as Justice of the Peace. By reason of the fact, that the information is defective, on the grounds hereinbefore stated, the judgment of conviction should be reversed and the information dismissed. An order may be submitted accordingly.