The New York herald., 1845-09-03

sers. Mt barker was present at Bellevue He told me
previous 10 the examination, that would discover
mark the left foot if body was his son He point
ed out the mark and recognised the body. saw the
post mortem examination The stomach contained raj
sins that not dgesed The body bore marks of his
having come to his death by drowning
Witness testimony chiefly had reference to the state
OF the body when decomposed or in process of decompo
sihon after drowning.
Adjourned to this forenoon.
Court Intelligence.
GENERAL SESSIONS, Sept 2-Before the Recorder and
Aldermen Seaman and Rich. Jonas b. Phillips Esq, act
ing District Attorney. Receirng Stolen Go0ds-Chares
Wage alias Weiga indicted for receving stolen goods
consisting of sugar, coffee SC, stolen by coored boy
named David Walker from his employers, Messrs Hyde
and Ely, No l9 Front street The colored lad call
ed on the part OF the prosecution. He stated that he
stole the property and sold to defendant and for which
offence he had been confined in the city prison The u-
The Grand Inquest The following gentlemen were
then sworn as Grand Jurors:-James Phyfee. william
Wyckof, James Grigg Thomas H. Beal. John w. Howe,
and T. w Bell. in addition to those sworn yesterday.
Recogni-ances Forfeited : The following persons,
spectve cogzances were declared to be iorfeited-vz:
John Kerwin indicted for assault and battery with
nns O K @ o G by Thomas Wynn
and Matilda Green indicted for robbing Charles Con.
verse at house in Anthony streetba,Isd by John Hunt
ed for grand larceny. Mary McAvoy, indicted for
eeying stolen goods by BENZ Ferris in the
disorderly house-bailed by Samuel A. Cunningham,
in the sum of $500 Domnick Crassons, indicted for
assault and battery Phebe Jane Reebaled by John
A. samm in the sum of $500. William Gilbert, indct-
ed for assault and battery Mary Gordon by driving
his horse and cart against her-bailed by Cornelius
schenck in the of s5oo Samuel Organ indicted for
an assault and battery upon Louisa Gille-baled by
Matthew Cornell in the sum of 5000
There being further business ready the Court ad-
iourned until II O'Clock A. NJ, tomorrow.
EXEMPTION LAw-An important decision was
delivered at Utica by the Supreme Court, in relation
to the Exemption Law in the case Of Quackenbush
that city. The brought up from the Onondaga
Common Pleas It appeared that Danks sued Quacken
bush bus nIspevn in the court below for taking horse
judgment against Danks in the Supreme Court, in
on upon contract for sss s. In January s4s an alias
Quackenbush who was deputy of the Sheriff of the
county of onondaga who took the property in question
by virtue the execution, and for that taking the action
was brought, Danks, the plaintiff, claiming that the
property was exempt from execution by the act Of ls4a
and harness in question: had property but such
exempt from execution by laws passed prior the of
1912 The plaintiff drove another horse with the one in
question: but it belonged another person He worked
by the day. and used the team for the support of his
family The defendant insisted that the Law Of lsaa did
unconstitutional The court charged the jury that
i the team was necessary to the support of plaintiffs
family, the property exempt from sale execution
by virtue Of the act ls42 The defendant excepted
The jury found verdict for plaintiff assessing the value
Of property at 500, on which judgment entered.
CHEr JusTicE Bronson, in delivering the opinion of
the Court took long review OF the statute Of 1912,
marks he took occasion to say that it insisted by
the plaintiff below that the exemption law of ls42 ap-
before the law passed. This is denied by the de
iendant But the plaintiff prevails upon that point the
defendant then insists that the statute unconstitutional
on the ground that it is law mpairing the obligation
of contracts" Under the old law many enumerated
exempt from sale on execution and rom distress for
rent q r. s. 367, 49, and p sol, l0) Then came the
tcles exempt by law from distress for rent,
or levy, and sale under execution, there shall be
S and and y @
team owned by any person being householder hav
ing family for which he provides, to the value of
not exceeding one hundred and fifty dollars" (stat,
1912 page 1913, section I) There is proviso to the
sections butit has bearing upon the present enquiry
The plaintiff had property which not exempt by
the old law except the horse and harness in questions
and that property subject to levy and sale
cuon at the time the debt Fitch was contracted and
his Judgment against the plaintiff recovered. Upon
the plaintiffs construction the effect Of the law of 1872
in this particular case, has been withdraw the whole
of the debtors property from the reach of the creditor
That may not however, affect the principle: IT. after
the debt has been contracted any portion OF the debtors
see reason why the exemption may not be extended
to the whole estate ofthe debtor be it large small
relieved the debtor from the former penalty of
Imprisonment for non-payment of debt, His Honor
in the case of Bronson VS.. Kinzie,' which ia
the opinion that the implements agri
culture the tools OF mechanic, articles OF neces
sty or household furniture, may like wearing appa
REL" be exempted from sale on execution This is not
going far enough to include the plaintiffs hsrse and
harness, but shall lay stress upon that considera-
ton. If the question turns what necessary" for
the debtor and his family the learned Chief Justice will
find it impossible to stop with the articles he has
toned. The husbandman stands in as much need of
farm he does OF the implements of agriculture, and
household furniture is not more essential TO the head
of family, than house to live in. The mechanic
wants work shop, well the tools of his trade the
lawy er have library and to all classes money
property with which to purchase food and raiment is
needfnl as anything else And besides, what would
be sufficient for would be little better than no
thing to another The necessity of may be salts
fed with the exemption OF property to the value oi one
OF another. There .
is think well defined middle ground between hold
lns ai law be Withdrawn from the reach Of the cred
tor; else admitting that the whole OF his estate may
be exempted from sale on execution In the case be-
fore us the exemption law all to the debtor but
nv opinion would be the same If it had only saved
part Such property as was subject to execution at the
execution until the debt is paid. As to future oblga
tons the legislature may make the exemption as broad
as il pleases. 1t may abolish credit altogether. But it
cannot egislae backward and annul the force prior
obligations In relation to the die tnm which has been
ruled by the decision in McCracken Hayward. So
long that case stands the exemption law OF s4 when
applied to past transactions cannot be supported
Judgment was accordingly reversed.
"
CRIMINAL CARrLEssNEss We are informed by
Captain Chas. Weaver, of the schooner Joseph M
Warren, that in passing West Point on his way up,
number of musket balls fred by Of the cadets who
practising at target passed through the rigging
and sails of his vessel The Joseph Nj. warren was in
company with Kfve six sails sloops and schooners,
which received similar iavors, the crew o one Of them
Obliged
bet ween and clock in the morning the 2sth ult,
and when the vessels abreast of the parade ground
Captain Weaver says that three balls passed through his
sails one narrowly missing aoft another pass
ing within two feet of hand forward and third
whisting by within thing but pleasant distance of
his ow n ears The schooner about 200 yards from
the shore The of the nearest vessels shouted to
the marksmen but they either did not or would not
Wing.
QUEBEC FIRE.-The receipts for the sufferers by
the late fires at Quebec, up to the 10Th OF August
were $l6l0s6.
letter has been received from Lord Stanley address
ed to Lord Metcae notifying him that twenty thoussnd
whatever manner his ordshp may consider most condu-
Give to the welfare OF the sufferers
The q / london committee writes to Quebec that the
Board of Ordnance ordered 39l great coats 400
blankets and other stores to be sent out immediately
aantsxa4 Ah4l