New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-01-31

rs DISTRICT CouRr.-Nos. 80, 90, 80, 80, Al,
~, ~, ~, As, 40.
uvstea states District Court. THURSDAY, Jan. )"
Before Judge Betts
DEcIsIoss-POINTs OF PRACTICE.
Bell et a. vs. 3. G.. NelsoR-A motion Is maae
10 discharge the Bond executed by deiena9nss -
the Marshal in this case, on order by the SuIoo
20 hold 20 bail in the sum OF $1,000. Inc -
had also a clause Of foreign attachment uP'"
which property was arrested. II. ~ The q.
Ii is now contended that the ruio - -. ~ r..
oreme Court having abolished imPrison'neh' TOT
debt the capias was void ana TIC JUN" 49,
der il should be cancelled. :; .,,;,loa % ho
The Cont held that the party 10 entitieo 20 DC
,sl;syad from personal arrest, ana II makes no
difference whether the arrest was before or a''el
.,nI;cs,on of the rule of the Supreme Court,
,rovided il was subsequent to the rule. As to
The foreign attachment, where defendant IS not
foupd il remains in full force Aust all property
Of the defendant found in the District, ana tne
defendant is bound, 10 order to discharge IL, 20
come In and furnish bond guaranteeing 20 satisfy
the fulI decree The Supreme Court rule cautoOs
" forbesrs acting upon the existing practice BE-
yopd the relief OF a defendant from the lmprisen-
ment Of his person ,.1
and motion denied, but without COSTS az ne"
ouestion of practice is involved.
sf;Iard a. AslIs VS.. James f. Craig and Others,
,..ners of tie scotc Gl0be.-In this case the Court
decided that, in giving bond to relieve property
taken by clause Of foreign attachments, that the
defendant must pay the taxed costs on sald costs'
an a condition TO be permlttedto defend the cause
on its merits. Order accordingly.
On another motion 10 the same cause, the Court
held that the Supreme Court, by rule has changed
the character and scope OF stpnlatlons IN cases vi
personal arrest. In suits az PerS0nenG, IN wnat'
ever way the defendant is brought into Court no
10 required 20 give stipulation 70 setisiy tne ue
cree before he can be admitted to defend the case
instead of giving stipulations for costs only.
Joint Skif.Osoners-.Jond 5. Burr and others, VS.
the shin 81. Thomas; Ei,ceH, and 0theis-The
libel was filed by one-half Of the owners seeking
a sale OF the ship because the other halt OF the
owners in possession were about to employ her
against the consent of the lbellants. The owners
in possession move the Court for leave 70 bond
the vessel, giving security for one halt her value.
The Court thought the remedy sought by the
hbellants Ia sale of the VESSEL the proper one.
This Court has adopted the principle OF the CIR
cult Court in the OF the brig Seneca 10 Am
Jurist, 4s6, s. q. 6 Penns and Jour. 1881. The
motion of the owners in possession to bond de-
MED but with liberty to renew it after filing and
perfecting an answer
An answer was put in denying that the libel
lants were half owners-lt was also said that the
vessel was to be employed in a manner which the
Iibelants had approved of and expressed their
assent to.
The Court still held to the propriety where one
half the owners Of a vessel desired IT, that sale
important for their interest that there sAouid be
such sale, and if one-half the owners In posses
sion could compel the other half to continue their
intere st in her, it would greatly impair the desire
and value for investment in such property AS
the answer addresses itself to the equity oil the
Court a hearing will be allowed on the merits 10
the meantime the owners in possession should
thew wish to use the vessel, must enter into
bond not only for half her value, bat Tor all com
pensa.ion the Court may award libellants Tor the
use and interest of their half during the time II
ia in exclusive possession of said parties
Sentence-Francis found guilty, bat strongly
recommended TO mercy, OF an assault with dan
gerous weapon upon the person OF Edward Reed,
causing the death Of the latter on board the I'll
gate Brandy wine, was brought up for sentence
fhe Court said In consideration OF his having
been some months in irons on board the ship nd
recommended to mercy, the punishment would Dc
comparatively light He was sentenced TO I'M.
prisonment for three months and to pay fine OF
81 it being understood he is then to return to his
duties as seaman in the Naval service.
u. =. Kfarshal's Once. THURSDAY, jan %.
Messrs. L. Lewis and Merrihew have also been
arrested on charges connected with the complaint