Morning herald. [volume] (New York [N.Y.]) 1837-1840, 1840-08-15

i IN tnnk hntf a
..R.rL On,ar;o fo.,dered ~ sea March 2lst.
IslO-lat. ~, long 6e-took TO the boats, and may
| God grant us a deli serance. THos. PArrEN.
The Ontario, VIC believe, belonged to Bath, Maine,
and sailed from thence for southern port early in
the month Of March Tho's Patten was the Captain.
We mentioned the fact Of her being missing in
April There is doubt of the truth of the state
ment IN the Herald We are acquainted with most
OF the individuals composing the fishing party and
Know TEN to be men of intelligence and integrity
are ,r,,.d IN IN. bb;,s of IN. sh,rk there
i ,o,hor ;ncr.a;hIe ahoo, :, FLh,.r, I.l,nd near
which rho sbark was taken i .bou, 81 mile. from
this city and a from the eastern termination of
Ionc lid Sonnd
The ,o;n, NJ wh,ch the bottle was thrown over
hoard ,,,yards oC 2lD miles from the Mace where
no WAS caught. Certain ,,ecies Of the shark will
follow vessels for days. and even weeks. to nick M
og,I mr. ,nvtb;nc that is thrown rboard aud after
| -, ,,u,;. ~, ,hw are shar, SO, ,hev will
ss,v se;ze hits of iron bottles or anv other hard
h,,nc. h.cors ,h.y roach the water This bot-
,.,,- ~, -. r. ;..u,
tie was "h"oao'eaiy s"a"o"eu ~ o"e VI '"'' '",'
and in this manner; Tor even shark would hardly
undertake deliberately to make meal out of a junk
ho,t,e nar,;cu,,r,v II i, WAS corked and sealed
- :,
ms oo''ie' 'here'"re' mus. nave ie""'neu ~ 'a'
winter and the early part of the spring, there are
,.r, ca,v ;r a,, sh.rLs i, tho souna They nrefer
very IL" T" an, '""'"' u" ."e 'ou"" my P'ee
to remain In the ocean, where the temperature oi
the water is much higher. But as the season advan-
ces thew frequent the sound, and bavs to feed upon
,h h;t 6sh md b.rr,g with which those xvaters
'"' ~
abound ABOUT the reels ana ROCKS In the vicinity
of Fakners Island, they taken in great numbers
II is not strange that the bottle in question should
h.v.h..n svallovcd nv shark but II il s;ncular
that TINS particular shark shoud nave pceh caught
- ~, ,.,
IMPORTANT LteAL Or'N'oN-ine suoJ"'heo I'M
ROrtant opinion in relation to the construction OF
cert,;, nrov;s;ons of the act of the Nth of Nav
a., .u,;.I.d :. A. 90, .o...r,;nc casts .na Co.. -
' :,
courts oil law ana 'or other purposes was recently
pronounced by the Chancellor. If the Supreme
Court sbould concur with the Chancellor in his
-. -.
views, "" very " sui'o's anu 70 the men"
hers OF the legal profession that IT should be known
at once for il the construction OF the is
!, sound one a vast number of executions have been
-,
r'eSu"riy issue"'
In CONCENTRATING Freeidhd ana Peter Hot-
man VS.. Reuben Nof-Ihis was an application to
reer cause ana the only question was as to the re-
guiarty OF the service oi the notice oil the motion
such service having Deen made upon the Cnancery
agent appointed by the Defendants solicitor in the
city OF New YORK, instead oil beng served upon the
Assistant Register, as the agent appointed by the
80 10y
costs ana lees In courts OF law ana Tor other pur
poses
SipSEf D.. CowEN, ior inc compiainants'
HE CHANIs LLok' oe'era provisions oil the act
uader winch this question arises are 90 inartihciay
drawn as TO render IL very diheult to say what was
the real intention oil the Legislature especially that
clause which declares that the act shall not affect any
SUIT or proceeding, nor the lees or costs therein.
which should be commenced before the act took ef-
feet II that section should be construed to apply
10 every proceeding IN suits commenced before the
first OF June, isio and not merely to the fees and
costs IN such SUITS would require different modes
oil entering and docketlng Judgments, and different
forms ell executions IN suits commenced before and
after that time Such construction OF the act, al
though IN strict accordance with its terms would
produce endless perpexity and ruinous litigation
And see no other way TO avoid this difficulty than
10 depart from tue literal construction OF this sec
uon, and !" c"nssder ~ as only apphcabe TO those
provisions OF the act which relates to fees and costs
IN SUITS. That is to constrse IT as II Its language
was, this act snail not anect the lees or costs IN
any sun OF proceeding which shall be commenced
before the same taxes effect. Upon such con
struction OF tins section OF the act II will not be
cessary IN the afhdavh oil service ot papers upon
Register or Iierk as agent 10 state whether the suit
in which the service was made was commenced be-
lore or alter the hrst OF June, islO The affidavit
of service IN the present case Is therefore sufficient
IN that respect, although IT does not specify when
The SUIT was commenced.
The remaining question rs whether the seventh
section OF the act precludes the appointment Of any
other person as agent OF an attorney or solicitor ex-
court. Here again the language of the Legislature
probably not IN with the real intention
section ,vs. o. r.l;s, En- ,, -. =, s''s
sity Of appointing agents al all the various