
    Toher, Respondent, v. Brawley, Appellant.
    
      (Common Pleas of New York City and County,
    
    
      General Term.
    
    June 27, 1889.)
    Argued before Van Hoesen and Allen, JJ.
    
      J. M. Wainwright, for appellant. J. K. Duffy, for respondent.
   Peb Oubiam.

Whether or not the pound-master was included in the words “ those responsible for cattle, ” there is no "doubt that Toher was responsible. The governor having issued a proclamation, it is presumed to continue in force until authoritatively revoked, no matter what individuals may think of the necessity for its continuance. It was the duty of Toher to get a permit before he moved the cattle. Had the pound-master delivered those cattle for the purpose of being moved, Toher not having obtained the necessary permit, the pound-master would have been responsible as a participant in a misdemeanor. Toher’s removal of the cattle without obtaining a permit would have been a misdemeanor. Judgment reversed, and new trial ordered, costs to abide the event.  