The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-04-15
Common Pleas.

ArRrl 1l-Joseph II. Jennings US. YIN, ". Chester
This was an action for work and labor. The amour
claimed is $500 The plaintiff is printer, and defcn
dant is proprietor and editor of the Columbian
The plaintiff employed to- print the magazine il
ls4s, and he did print it from January to June of tina
year both months inclusive. The defence is set of
The defendant in his answer to the complainant state
that the matter in dispute referred to arbrators
who found that the plaintiff sold to the proprictors
other periodicals portions Of tho defendants matter
for which they Qhe arbitrator, allowed 500, Thi
sum he insists upon setting OIL against plaintiff claim
He also insists upon setting off slO6 which he alleges
Is an over charge in the plaintiffs bill Both sums
when added, II allowed would reduce the plaintiff.
claim to about IS. Adjourned.
SPECIAL TERM.
Before Judge Ulshoeffcr
APRIL n.-Townsend ct al, rs. Thompson ct ai-This
cause was instituted to damages for alleged
that it contained two distinct of action judy
ment for defendants demurrcr plaintiffs may am md
without payment of costs.
Daridson rs. Standardization to amend Judgment
Record. Granted
Derasmes &C., rs Naturalization granted.
WollenWeber ads. Brisch.-Ordered that default be
opened condition that defendant submit his motion
on points Mt chambers. on or before the 10Th April
instant, and serve them plaintiff ed.
Henry Cotton as Hannah COiion.-Ordered that order
OF 10th April instant, referring this Israel
Fowler ESQ to take proof of the facts stated in the
complaint be cancelled and that defendants attorney
have leave to withdraw the papers read and filed tho
granting Of the same.
Before Judge UlshocHer
April 12-liendricks Rasche ads. The People Or
dcrcd that judgemnt on recognizance be vacated on
payment of all costs and costs ofressting this motion
Longsoothom and another rs. Young and another
amend on payment Of costs, SIS
Cohen rs Lewis.-Nlotion to refer granted.
John y. y Wester1eh ads. X. X. Naturalization for
double costs allowed.
The FUe Department Of the City of Ne,p York u.s. John
Il. Christie suit brought by the fire depart
ment against the builder of house 80 feet in
height for the penalty of $3.50 because tho walls arc
only eight inches and not twelve inches thick. The
defendant dcmurs first because the plant does
fact tn itnta pfo
and second because statute IL set forth containing
penalty for the act complained Of
The CouRT-A penal statute for a beneficial public
purpose, may be construed to suppress the mis-
chief and advance the remedy the only relied on
here prohibiting the erection Of walls less than twelve
inches thick is that Of 1894 which contains penal
specific penalty Of $3.50 against the builder is that OF
1880. The question therefore u.s. whether the of
1854 is incorporated with and is part Of the act of
$780, that section IL Of the latter act shall embrace
violations of tho act Of 1884 There IL no clause in the
act Of 1884 declaring to be part of the act $780,
nor that the penalties Of the first act shall apply to in
fractions Of tho last But the plaintiffs insist that the
act Of 1894 Is substituted in part for the act of 1890
and became part thereof, without any such clause
short that an amendment Of the statute Is part Of
the original actthe original and the form
ing but one net II Is true that with proper and apt
words amendments might receive such n construction;
but the language Of the act Of 1884 does not indicate
the intent Of its forming part Of the act of 1880,
that the penalties of the Of 1880 should apply to
violations OF the act of 1884 There Is express pro-
vision to such effect and not at liberty to create
penalty, 10y implication in any case q John. X 319)
he act of 1880 prohibited walls less than eight inches
thick under pcnaties the act Of 1884 prohibits walls
less than IL inches thick without penalties and without
that the old penalties shall apply to the
law and without declaring that the new law shall DO
part Of the old law, II Incorporated Herewith. II
therefore that the act Of 1884 is clearly de-
ctyc In this respect and that 1t omts providing for
the penalties sought to be recovered in this action
lie defendants therefore entitled to Judgment but
plaintiffs may amend on payment OF COSTS II there BIO
any amc ndment to be- made