New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-02-06

- n, the custody " the sheriff, rsrsusn TO
I"As.irel commitment that on the same uN
[s.g srrtgad ives allowed e. Justice 'lerNc' !"
~ hesers che Supivmc Court NJ General lerh hht
ihs,NrdIss spch wit ct certiMsri. Mr. SinriN
I,.. taken ~ iscn aud Is nov actually IN close Gus
Is ihe.c The My,s " the case as nndsrstsnd
IL sr,i Sm row asked Nv the sheriff upon demand
IhN, dc counsel " Mr. Stur'c'SNt Cor his rolcass
sgrvnd that che dhecn days since h's ana
- eai have expired whether toe Shoru can ''ngsr
I4-kl. yn rastcv exccp far a. relates ~ tho pay
Iss a. sm,,upt rou,rcd on the conditional imprsOn
I~~sv,s ia noe rAymeSt. The question ss grave one
r. ~, crc hand II the imprisonment has Legally eA'
eS sheriff becomes liable In an action Tor tals@ iu
-, .vs IN tho other Il he shallilcSsly discharge
- ,v,rsllo kr . crniemlS Of the court ont "i whcn
IL s.ss ssrca In regapd 20 the enecto' TIE oe't'osM'
~rv tbc rrNecd,nHs upon "e naovSs v',I's 'k's'
~ srd examination that upon the state oitacts .Nsng
a. sssc q da not operate as stay ~ pr"cceu'nS'
IL - s,N Of thc eect c r'ierSr h'th common NV
E,~l,, TIE sisiGtcs " ,he State In special cases.
- AZ, admit that is effect loNcept WHORE
Iss~sc I'r>,,idri by statute 10 ccriSn enam''
- sSscsl ;. % SuNs the proceedings Of the
- 4, Nuna and ~ prcVcrt farther action on the part
Il - interior tribunal Thus. Il Judgment has bean
sA ALL NJ execution issued the service of the cor
- wVuA prevent It's isnug Il issaed and not exc
- Ae service VI the cCrticysa would prevea is exc
- Est Il executed. ~ by the srres; OF party
ts - - OF sci other tusl process against the
- ne ssrNice cf the writ Of cerorag in no manner
- sr,h imprisonment So in case vt commitment for
|srnfs whrrV The PARTY has been actually committed
(ss,y SCrsiorsr to review ajadSment upon habeas
[rxF MN slug GsCNsrc. can operate 20 stay proceed
- IAc imprisonment is H., by virtue Of the order 70
|sss a. dshArSe bu, by virtue Of the original commit
ssl and thSi slone and the ceriorsr while u would
sy snv ishcr ooeT the pant II Justice Corke ale.
81, to sSn him has no eiec; upo. The Sherif, who
kk SeS- GiAVrt process ard by authority Of Nh indie
ss}rf tribunal Another reason in support OF the po
- ssSrrscd by me in this particular case was that
~<SerC the order 81 Justice Cierke unaaihorL ecu Oy
Es az thSrclare void That Justice Cler&e acted nom
- srcs and most ccrrCc motives, and under the fui
~ re correctness NJ his pocccdn in making
81 sa, 2 shvSd be ih, last man 10 deny personal
- rt,pcc 81 upward Of twenty years has taught
rev lec II bis worth sr1 enabled ne TO form lust
I~,rs.r If his character Is man OF honor and per-
"a ar A,nCss Bat il is rot the first time that Judges
Lxv> srrl the records OF OR appellate tribunals VIII
- .AcU lntil actual riurn made to the Justice is
so de wit Of hshess corpus. conceive he had no an
E II sw 10 max the older transferring iho custody
ssssAsr eHecr by consent Ihe question now ~, what
e ee; ii this order far relates 70 continuance
|si-r~scuuacri That TIE party has actually been IN
s br four o. Eve days since his first arrests undouot
"a, use While the Scius, requirement OF the process TO
|.-<-. for fnctn DAYS What is L commitment for Goa
[arsf IL is commitment for punishment ,RV. James
Rs5 AID s9a I'D. and h $50, S c. Here by virtue of
hss<r., ymediac proceedings portion the punishment
10 ksa e.csp<d Can the sheriff Supply it by con
[,,ssce Of Imprisonment beyond the nesn days from
h r.; iiayIsCument under this same prccessl think
IL AZ omncn law parry escaping from imprisonment
ssr sentence might be retasen; but the Imprisonment
rs rsi6eTsd continuing and could not be extended
svc,G the original term Ii to guard sgsnst this
|-kci ic of the common law that our statutes provide
K k retakiDc Of prisoners and imprsoning again not
Standing TIE fern for which he was sentenced may
lave expired i Il 5 p 6s5 sec. CO., This s9tutehow'
se does no: meet the case OF commitment for con
|zy< Ii by these intermediate proceedings, by any
Iftahily on the part of the Sheriff any other i'm
er cause TIE eject of the process Of the Superior Court
h heen defeated, the remedy is with that Court who
49, certain circumstances. may issue process for
znitment. and thus carry out their original intent.
Ne People Spslding Hill '3lll Whether this is
al case belongs not to me decide am of opinion
aaEr S;urievsnt must be discharged on payment Of
= mount required be paid under the process nc,ng
,ss;foI y Imprisonment for It's nonpayment.
y. BowDITCH BLUNT.