New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1849-07-25
Law Courts.

MkRlNr COuRT-BefOrc Judge AOWler-LdhoiotU anu
Tenant-Law Of disposition dnd,e'c Tome vs. A. l. Dur
haThe law says that any tenant holding al the WIN ct
landlord-any without consent holding over al
ter the expiration OF his o. defau he pay
Of rent here tenant or lessee shall nave taAen
The heneht Of nsolvent act, &c or where person
continues to hold possession of premises which shall have
been sold by against him and ute given TO the
pa chaser be removed by summary process and pos
session given 10 the landlord on owner, &C.
The mode OF proceeding must pe for tbs landlord, or
some person lex ally author zed la his behalf 10 make a
dav Of the fact before any Judge or justice OF Oour
Mayor Alderman and stating that he has made personal
demand oftbe premises or given TO me tenant hree gay
nouee In writing On receiving sGid affidavit The mags-
tate sha issue asummons requiring tue person IN posses
sion Of the premises, whether tenan, OF unaerentn an.
forthwith to remove or TO show Cause before me ma
gsse the came day within such time a. snail sp-
pear reasonable not less than or more than days why
possession should not be given to the applicant
The summons sha be served either by dehverng 10
the occupant copy showing at the same time the ong
nal such occupant or tenant Ia absent leaving copy
with persoa OF mature age residing on the premises
liza The tme appointed In the summons no suhciehl
cause the contrary ana due proof OF SERVE
being made the aha Issue his summons % the
Shera constable marshal to remove all persons
from the said premises ana TO put the applicant IN iH
Any person in may at the time OF re-
DENYING affidavit the facts set forth, or as having
good defense. when testimony will be taken by The
Court or either party demand Jury, IN which case
IL persons viii be summoned and six drawn 10 uy the
cause.
ihe present Is proceeding by the assignee OF lease
OF premises No 28 Hudsousl 10 dspossess defendant OF
store or shop The issued, returnshle he
same day The defendant appeared and contested Inc
right of plAnf 10 remoNe hun primo pay the ground
Thai The proceedings had NOT been regular that the law
contemplated al least three days nouce 10 tenant eN
eept lot May where persons insist upon holding over
and that the original summons should be served by con
stable marshal whe cas- the present was served oy
person who Ia not constable, and not authorized except
by special authority, To serve process &c.
h wss stated dufit the argument that instances are
common where return l. made the same day for Iae
hnger round tie premises M the hour appointed for
the return 10 re made, watch I'LL the tenant himself caves
the house then through the form OF handing The sum
mons person within proceed directly the Court
that issued the summons make sfdavit that II was duly
served, wait few minu es I'LL the time for return arrives
and the tenant person In possession expected not
appearing gets TO clear the premises and on the
return OF the the house after being hour
perhaps he finds his fam ~ and furniture In the
The Improperly Of shor, return, and the necessity
OF stnct compliance with the forms and requirement.
% the Jaw urged by the counsel for defense and
taken. and the Court amer Amusement sustained mos
Che positions and gave lsds ment ter s'
Hut and MI A Nash
srsct,l SESSIONS. July 2t-Mehsel Lopez. petit lar
eeny, months Penenuary James Riley. for volen1,
sss.ulung d Barrett, fenIentsTy 81 days. Mar,
Golden. pet,t larceny 50 days Peniiei tiay ksnesl
Muller. pent larceny. fsniienuary months. II ran
Johcson pent larceny - days Cry Pnsen .LSsasu'
Gross. pent larceny, City Prism 50 days James RAIN
peii larceny (eoloredl 6monsh. Psni,en,iSy DAVID
Murphy, petit larceny, Pruiieptlafy 50 fst cA
nSvsn, Peu larceny, So day. Penentary DANIEL Buck
ley boy pleaded guilty TO Pen larceny and wss sent !.
es 2, Count hen ssOpSped Sn mex
Friday morning 81 soesoek
Polret covsr-ofScer Carly Of the TIL Ward Mres,e,
YESTERDAY Thomas Cole ana Hsnry NJ Highly suspcicl
Of having stoes pair OF boots, winch they had II
their possession They were locked up Tor further invssu
CATION by Justice Tmpson. A working man named We
Thompson was esug ut gong from behind the eouater
Roh TAYLOR iC3 Solthsi and - Ia silver found on hin
which be bad Just sbsrseled. Taylor Was IN The roor
inside watching the proceedings OF Thompson et Ell
commit The deed then arrested hin ana gave M
The authorities. lie wss committed oy Jesnee 4 I'm
soc. .Obeer Sharpe preferred seomPian1 oei9Ie $50
Blskey, ~ Jefferson market, sgalnst very
yVung man named Pierce, fOs the interference via lin
the discharge OF his duty, aud Tor striking l seNe
blows on the back OF tho he held % pal "a ~
OF 500 10 stand his trial A person named poe
who has been nae on the bark Augusta was yestctea
arrested by orccr Hopkins charge OF stealing te e
cAddies valued 81 t+ from Capt Thomas stone, Inc
of brig He stole when the shore and sold them
landing for ssUm OF go The brig lies a. per 10 N0Ei
River Tie locked 20 take his tina the eharge..
boy about u years Of named William Tsrbox, ws
tsken into custody last evening charge OF stealth
elk valuable psienl-iever god watches and slv'
watch the property OF kngsly Shreve. No p hsidei
lane John W Anderson, about "A years Of age as
arrested FOR RECEIVING the watches knowing has
been stolen aud also stealing Pocke.books. penknive
boys In connection with smother boy named Jsnes Nj,
s0n have becu stealing for many months. IL appears ~
the faSher OF TsfbOx formerly connected Ia the or
frou which the boy stole the watches, and hrs son "
liam the habit Of going 70 the store In he uaonit
and opening the safe the valushes were In and
kiog wslehes. nugs &c hercfrOm. He unable 20 sta
how many he has taken He In the habit Of exchan
ss the wsisAss ssa ngs fer ohss goods 70 various IN