The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-06-04
Law Intelligence.


Justice Hurlbut.John l.. Brower and Others, The
Mayor, &c, Of New York and The Commissioners of
Emu grafton The bill in this filed by
Der Of individuals, owner of property in the 9th ward
in the vicinity of the North Battery setting forth in
substance that the Corporation had executed,
about execute lease to the Commissioners of Emil
grafton for the term of five years. of tho North Bate
ry long pier at foot of Hubert street. for the exclusive
purpose of depot for landing emigrant passengers;
that those after examination at quarantine
have within them frequently the seeds Of infectious
and contagious diseases, such small pox and ship
fever, which are communicable to Others That the
number of such passengers in the summer months,
averages 1000 per day. and that if the exclusive of
the North Battery for the purposes aforesaid DO
mittcd it will create an intolerabc nuisance, DANCE
to the lives of those in the vicinity and dcstruc
tive Of property and praying for injunction pro-
hibiting the d. PENDANTS from using said premises
depot for emigrants Various adavits and certificates
of physicians read in support Of the motion for
injunction, showing the danger of disease being in
rad the part of the defendants made by Drs
Griscomb and Whiting, setting forth. in substance,
that no injurious effects would, in their opinion
result from the of the pier at the North Battery
for the purposes of landing cmigrants The following
points were insisted upon by complanants counsel in
the course of his argument First, that concentra
ton of cmgrants at point of the city thicky set
tied, would be calculated to communicate to the
planants and others, the diseases incident to emf
grants namely small pox and ship fever and therefore
constituted public nuisance Secondly, that tho bill
showed injury to the compliments in particular; and
therefore they had right to invoke the assistance Of
court of equity for their protection Thirdly, that
the North Battery being property belonging to the
Corporation, they cannot erect or permit nuisance
thereon nor. by lease enable others to create nu-
sance, and that court Of equity enoin defe nd
ants to the same extent it might restrain private
individuals On the part of defendants. it was con-
tended First court Of equity had jurisdiction,
because the appropriation of the premises in question
for the accommodation of emigrants, matter Of
police regulation exclusively within the authority of
the Corporation. Secondly that the commissioners of
emigration acted by authority Of law of the Legisla
ture passed in lsaS (which power WINS given to them
with the consent of the Corporation a depot for
emgrants and that the selection of place exclusively
belonged to the defendants who had acted thereon
and court of equity had power to interfere with
their judgment. Thirdly. that the whole subject
matter of government regulation, and not within the
province of court of equity. At the conclusion Of
the argument, Judge Hurbut said he had been then
sitting for three months with intermisson of only
had to proceed to Poughkeepsc to hold general term
of the Supreme Court theae on Monday next, nc did
not think he could bo prepared to deliver his opinion
before the end OF this month.
COMMON PLEAS, June 3-Decisions-Beforc Judge
lngraham and Daly.--John Murphy vs New York Hi
bernian Benevolent Burial Socicty-Non- suit confirm
Appeal dismissed with costs. Garrett NJ. Mabcc
Thomas Thomas, Jun.-on appeal order at Cham
Russell L. acknowledgement for plaintiff on
demurrer Defendant may withdraw plea, and
plead answer payment of costs George Jones ct al
VS.. Francis BallMotion for trial denied and
dict confirmed, with costs Josiah Allis Charles
Goodyear-Judgment for plaintiff on demurrer. De-
icndant may withdraw plea, and plead anew, on pay-
Motion to set aside report denied with costs In the
matter of Phebe Raynor, an alleged absconding
ceaed debtor the court decided that the allegations in
the debtors petition not proved
Before Judge grahahi.-Dusenbury VS.. Jones-The
jury in this case already noticed rendered sealed
dict for defendant
UNITED STATES MARsHALs OFFICE, June 3-Charles
White John Collins William Stearns. Edward Derry,
lanes Mccain. William Jones' John Wabster, Phillip
Pease. and d. Thayer. who had been employed in the
ship "Archclus,' lying Oft Staten Island arrested
for refusing to go to They lodged in Kings
Monday.
CovRT CALENpAn-Monday.-- Circuit Court Nos.
al, and to IL inclusive.
AceuirTAL OF SARAH JANE PINKERToS, IN BosT0H.
This girl who was tried last week. in Boston,
charge of murder. in administering poison to her
mother, Mrs Sarah Cain has been acquitted.