The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-11-12
TWO CENTS.
Law Intelligence.

Thursday in favor Of the plaintiffs his honor charged
lector Of this port not In his public character but
again,t him q private citizen, charging him with
having been the means Of losing property Of paintis
by carelessness and negligence. MIR Lawrence could
not commit properly spesking in bis public capssy
private wrong In the execution Of bis official duties
yet when his acts become in Judgment oflaw, pri
vate wrong they beyond the SCOPE Of his public
duties, and then he IL acting as private citizen. IL
private wrong committed ofaosily Il while in the
Of his public duties he goes beyond his pow
ers and, eth. by commission or omission, commits
wrong, he Is then to be regarded q private citizen
the came as any other private individual who may
committed wrong on the rights of others In this
case it has been insisted the part Of the plsuts
counsel that defendant has been guilty an act of
eares,snsss In the execution Of his official duty under
neoted with the collection of the pubic reve-
nue. and that upon the assurance Of the provisions Of
that sss ne Is ns.p9nnss for these goods The act
ported goods be paid in cash upon making the entry
II the owner should choose to bond bis goods then
place them in the public store, there to be kept
with due and reasonable care at the charge and
duties be ascertned the property should be subse-
queDtly delivered to the consignee owner. Now It
true the act provides that for the purpose Of being
possession of the collector of the port and doubtless
under bis care and supervision, which to enable
the officer who Ia for the collection Of duties
chargsabe upon this description Of goods II Ia
sary, therefore, that nominsy those goods should be
regarded in his possession The act also provides
hat whilst they are in his possession they should be
kept with all due and reasonable care. There is
doubt therefore, but it Is duty imposed upon
officer who has these goods in charge, but the law
which imposes this duty on him only such
as prudent man would take of his property
under like circumstances The question here how
s who responsible to the consignee for
the Of these goods during the time they remain
in the warehouse Is the collie ,tor responsible II Ia
not the question whether those DIS to remain In
ment Officers or agents, but the question is Whether
the collector, who IL the head Of the department IL
responsible for his subordinates by whose negligence
the goods were lost Now it is true. that private
individual no matter how extensive the business In
which he is engaged is responsible for his agents and
fervsnts In the management and conduct OF his
Germ; they are all regarded as standing In his place
dasrepresentng him while exertng the powers and
very properly held sbe for the faithful execution
of their duties and for any damage that may be
tanned by third persons, by reason Of their negligence
misconduct In the powers conferred upon them but
the jury will at the difference between that
and thecase Of collector who has private interest
He appoints If at all subordnatea, not by virtue of
any authority In himself personally or Individually,
present not the collector ss their principal. but
the government. They are agents of the 60
versnmsnt engaged :. to discharge It's busDs.s
duties. Take, as an instance Of it, the Hector
of this port in this depart mt Of wsrehousing
where some thirty eight forty yed
in the business of this particular depart
ment Qhere are several other departments connect
ed with the Custom House of this port which stand in
the same relation to the collector az the en-.
gags in the warehousing department0 and II the coll
ector is upon principle of law responsible for all da
ges that may be sustained in consequence Of the
default negligence Of ali the in
carrying the business Of the Custom House Of this
had proper sense Of the risk he would bs obliged to
assume, would encounter the fghtfu responsibility,
he had no private interest or was deriving no indi-
vidua benefit from The agencies of those The
Of s
tive officer to the pepa ties of the law, who bound
to procure subgents to assist In the execution Of his
public duties for their negecte defaults nonfessauce
or misfsasance Take, insa the mayor Of this
city, who appoints licenses all the cartmsn sswsll
various other agents in the discharge Of the public
duties devovipg upon him officer Of this
city Now II would be difficult to maintain the propo-
son that he is be held responsible for the Careless
Of all these who derive their authority
from him. The true rule is that wherever principal
for, and in the execution Of his duty Ia obliged to
employ subordinates to enable him to execute those
dues that he is responsible only for the employment
Of fail hul and proper persons to discharge the duties
hi responsibility ends and II any injury or damage
arises out of carele sness the part of
vdually ane the party aggrieved must look to them
res and this principle will be found laid down by
MI Justice story in his book on agency .hioh ccn-
case He lays II down, that public officers and agents
not responsible for the missasauce nonfsaance
Of sub or rervants employed nder them in dis
charge Of their public duties Again he says heads of
departments are not responsible to government for
subordidates, unles the principal is guilty Of
ercisDg proper vigilance over their acts and dougs
The only question therefore is, whether the evil
dence in this case the defendant has in any per-
sonally part cpated in the csreesness Of his sEent
by reason of which the goods in question have been
hsr then undoubtedly, be stands the footing
with any other citizen who has occasioned damage
Dis ns'sooor; oa. ne not liable constrnctivsly be-
neggences. 1t mus. be brought home to him, he
hm.ef must be guilty of the wrong, in order to be
SurERIoR CouRr.- Decisions in Bamco Thomas r.
Minturn adsm. the Farmers Loan and Trust Company
New trial granted; costs to abide the event. Mol
BRAN ct al We. Mills Judgment for defendant. VIM
II Payne sdsm. Henry w. Warner-Judgment of non
suit. Lekoy adsm. Lowber Motion for new trial
denied Carroll Acknowledgement for plaintiff
Aspenwall ct al. VS.. Meyer Judgment for plaintiffs
Oliphant ads Smith.-Judgment for defendants ON
the demurrer to the rst and third replcatons to the
third plea and the demurrer to the rejondsr to the
first replication to the fourth plea the ground that
rejonder. Judgment for plaintiff on the demurrer 20
the second eplicston to the third peaplaintif to
have leave TO withdraw the repications held bad and
to reply de noro and to amend his declaration il ad.
yed defendants to have leave to rejon to the
replication to the third plea payment by each party
within ten days after notice of this rule. Horace
Dresser vs. Smith CIet-ordered, the hearing of the
appeal in this cause be postponed until the first Satur
day In next term in the time the plaintiff be at
liberty to take reference, and II the appeal from Judge
subsequent eedngs the part of the plaintiff be
set aside. Several orders ward justices, and the
Justices Of the Marine Court granted to return
proceedings and Judgments, &c, TO this court.
CouRr GENERAL SESSIONS November 11.-Be-
fore the Recorder and Aldermen Mcknight and Fitz-
gerald.
Case Of Charles GarsL alias Wheeler This case
was resumed on the opening Of the Court this morn
ing. The defence was opened by one Of the counsel
for Garrett
JAMES CRUISE, sworn for defenee-Is q butcher in
Catharine market; knows the defendant Charles
Garrett; has know him years witness testified
to Carrot having offered him English silver col
time before the alleged burglary he had also him
buying Eugish gold and small silver coin he had been
In the habit of dealing in 1t.
WILLIAM KsAPP sworn-Testi6ed to having seen
Murray Of the persons indicted for this offence AT
Mr. Mulligan's No. 10 Monroe street, from 3 TO 10
O'CLOCK on the evening of the ed Of September Tue
evidence of this witness elected to prove that the
policemen incorrect in stating that they saw
Murray in Front South Pine, and Fletcher streets, on
the rame evening and at the same hours.
WILLIAM WILLIAMS and Henry McCLouD, also gave
evid d;,, 70 pout ANDREW ltt