Laserfiche WebLink
31 MUNICIPALRECORDS § 14.15 <br />records is not limited to hand -copying, but includes photocopying b <br />the use of proper portable equipment which will not. damage or <br />impair the records nor unreasonably interfere with office ro tine.3 <br />`hs, the right to photograph poll books has been compelled by <br />mandan s.4 n the other hand, it has been held that the right t <br />photograph public records does not extend to photocopying with <br />one's own machine or equipment, and it is better practice to require <br />the proper official, on t o applicant's request, to furnish a photocopy <br />at a,reasonable charge.A. <br />The right, to have tape recordings of municipal hearings available <br />for rerecording has been denied where the tapes were available for <br />the making of a stenographic transcript, and the municipal clerk <br />would play the tapes for any resident requesting to hear then." <br />1 Florida. Duller v. State, 154 Fla 368, <br />17 So2d 607. <br />Missouri. Disabled Police Veterans <br />Club v. Long No App), 279 SW2d 220. <br />New Fork. Sears Roebuck & Co. v. <br />Hoyt, 202 Nfise 43. 107 NY 2d 756. <br />2 New ' Fork. New nor Post (corp. v. <br />Moses, 12 App Div2d 243, 210 NYS2d 88. <br />New Jersey. Nfoore v. Board of Cho- <br />sen Freeholders of County f Mercer, 7 <br />NUJ Super 398, 184 A2d 748. <br />4 Louisiana. State v. Knop a App), <br />196 So 135. <br />5 New Jersey. Moore v. Board of Cho- <br />sen Freeholders of County of Mercer, 3 <br />NJ 26, 186 A2d 676. <br />Vermont. Matte v. Winooski, 1.29 Vt <br />61, 271 A2d 830 (proper denial ofperis- <br />sion for photocopying). <br />New Jersey. Guarriello v. Benson, <br />0 NJ Super 233, 217 A2d 22. <br />VI. DELIVERY <br />14.15. Renedi s to compel. <br />Where the title to an office is uncontested or has been settled by <br />adjudication, mandamus will lie to compel the delivery of books and <br />papers belonging to the office.' Where an officer, dull, elected or <br />appointed to office and qualified, demands of his predecessor the <br />records pertaining to the office and is refused, according to the <br />weight ofauthority., mandamus s i the only admissible writ.' Howev- <br />er, there must b�-,- such property- in public papers and documents a <br />•*11'astifv the maintenance of proceedings to obtain their defivery <br />to another p u b I I c offi cial or agency-_ Borne cases have affirmed,' and <br />others denied," that either trover or replevin will lie in the name of <br />the corporation to obtain possession of its public records. . fn some <br />jurisdictions a stat tori, proceeding for obtaining possession of <br />records of office is provided." Replevin has been said to he the reme- <br />dy of a private person for the denial of his right. to possession of his <br />papers which he had filed with a public official! <br />