The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-04-06

ALBANY, April =, 1873.
1ns eo,umi,,ion1s ON Practiee-7xs Marine Hos |
pstai R,.~d- The Em'gra~f Ihr Law, &c.
term of Office Of the Commissioners on
Practice and Pleading expired yesterday by hmi-
tatop; their labors have, however, been approved,
IN part, by the Legislature. The system of prac-
tce in civil cases, which they have introduced,
has received the sanction Of the Senate, with
come general and comprehensive amendments
some of these amendments were offered by
the Commissioners, and additional ones were
made by the Senate. l anticipate that these
amendments will make the new system of prac-
tice less complicated and ambiguous, and that It
will be more acceptable TO the bar and the
courts than 1t 10 at present The code,
as amended by the Senate and the Com
was brought TO the attention of
the House this morning, by member. The hO-
norabe gentleman, in view of the brief interval
which would elapse before the final close OF
the session, moved that hereafter the House
do hold evening sessions, to be devoted en-
urely to the consideration of the code OF proce-
dure, as amended by the Senate. The motion was
agreed TO evening sessions will therefore be held.
1t is due to the House to say that the members ge
nerally evince a very laudabe desire to transact
business with all possible CELEBRITY.
motion was subsequently made In the House
to PRINT the amendments TO the code which have
been adopted by the Senate. There was consi-
The system OF practice intended to govern the
courts and the bar In the trial OF criminal cases,
which was reported by the Commissioners at the
present session, has not as yet been considered in
any manner TINS ID a volumlnous report, and
there Is no probability that it will be passed with
that indecent haste which marked the passage of
the civil code at the last session. / consider
quite probable that an extra session will be called
The Governor il understood To have said lately that
an extra session appeared much more neces-
fary to him now than it did several weeks since.
The Comptroller transmitted The following cHn-
municatlon to the Assembly this afternoon:
CohYrRoLLERs OFFICE, April q 1849.
The third section Of the Act psssed May T. 1874 in
relation to the Marine Hospital aud its uds makes
tanned and he'd by the Judgment and Of
. competent Court, that the Hospital mensys received
collected and do not belong to the State to draw his
warrant the Treasury for such moneys In favor Of
the parties entitled thereto.
In the recent decision Of the Supreme Court Of the
United States In the case Of George Smith W IN.
Turner. Health Commissioner, SO, it was held, by
majority Of the Ju that tho act Of the Legislature,
imposing upon masters Of vessels the payment Of ho,-
ptsl money for each arriving at the port of
New York, 10 upesnstitut onal and void
During the tendency OF this action large sums were
paid into the treasury BY owners masters OF vessels
up der protest. The whole amount thus received Ia
$lsg,057 90, of which sum there paid out OF the
asury to the Commissioners of Emigration for
support Of the Marine Hospital in pursuance OF chap
Since the decision OF the Federal Court in the
ferred to- the most Of the parties from whom these
neys received under protest. have called the
Comptroller to refund the amounts TO which
they claim to be entitled This ola is made By
;mnn,tsd A.. tn Comntraiisr h.. ~ -,
comply with the dems nds made anon him Sv tn claim.
n,r until the necess.ry shall b. msds
by law be respectfully submits the subject con
alteration OF the Legislature.
The Comptroher rsiralns nom expressing an opinion
70 tne prec'se eAten. sod toIoe OF tne iegA
wsnt et the Sunr.%s Tour. ISss ous.,ion Lug
NOR. oronsrl, 10 the law ocsr OF ,hs S.sss SsonsS
any doubts ari,s In the minds Of the Lsaisia.urs.
touching the legal effect Of the mt decision in res
pect to the heretofore received under protest.
the propety OF the subject to the Attorney
General ior an omosi opinion, Is respectfully 'ug
semMeeHt ..,,.a .,.. ,n,,.
r.rd 70 pusc fath require roO.ym.nt Of the monsvs
es,msa .,,hout fnrthsr .eocssS,Sr. A. la nn. no,S
IL IL REQUISITE that an be- made Tor that
purpose suitable authority should conferred to
provide the means necesssry TO meet unusual de-
maid on the treasury Aside from the hospital moneys
wncn me S.ste osmsa upon 20 Ieanu 90 sppropr's-
uoH noeaeu .ns Ss 20 pay me oocss
dsc;S.d IN comn,sncs 9TH ths Ar .s.,;ou &c 80. o.,
~ NAV y 1sA4 Rr,oectfuiv ,nhmitfsd NV
'' . WASHINGTON HUNT. Comptro,lsr.
The communication was referred to the Com.
r,,,,ae ~ W""s 81 Ma.ao o :" 'Ae O'A
i"'ee on nys auu Means. Al ~,
The At,nr".v 1890 S.S na, ;" INC. .v ''.s'
~ S ~. u S uo' e'a'o WIZ
MT - us Ja'sn'ent, t"e S.a'o au'uot,tles
wou'u NC ooahu W ne,una .he moneys when,
aCeEio,ns W uS u.e'S'oh vi 'ne supreme Oout'
OF !ne Uhlea STATES, tney nave uniaw,uily col
.tc'eu VI iha M' y, yesses oi,"gng 20
~, nI ro. - uWas, nro,n., i.es1 moneys commune
70 DC pala unaei protest II appears 10 me that
would be highly reprehensible. The Legislature
should slther repeal the em'grant tax law, or
DoI1Iy oeiy the supreme Cour OF the onited states
shoud turn nTomSv into Tho raS, ,sscr sns &c