New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-06-11
There never was a period when the New.Jersey old
LAW INTELLIGENCE
supERIoR couRr-Jrxr e-psfore Jadse HOrlMAy.

SUPERIOR CoURT-JuyE s-Before Judge HOFFMAN
DECISION AS TO CAsTLE-GARDEN.
J. Phillips Phonx behalfof himself &c sgt The Commits
soners of Emigration, Nc
Judge H. rendered n decision this forenoon at much
length the application perpuse the contrary dis
the temporary INJUNCTION which has been granted restrain
Garden a depot for the landing Of euigrsnts.
The following are the principal points of the
opinion:
Hoffman, 1.-THE is to be considered in two as
r x ss0 SS S % s he and those
larry situated have absolute right as owners Of property to
relation the general law governing the Cosrt in Interesting
with parties whose acts amount nusHees or nd to such
equivalent, 20 nusAnees
property in he vicinity F-The lsnd upon which Castle
snoS aid moi pass 10 The Corpostn Of NewYorI under the
monsper charter BY the grant OF the four hundred feet into
premises There also express Of Fort George,
and the srSOns full boundaries aud extent thereof or thereto
the second lection ye 70 the @ the lands belong
well ali the lands within such limits claimed by the Corpora
ton except the lands reserved In the ss section The eKeep
the Of the lots fronting Peat which sufficient 70 in
cs as The aS1 sor, md s S
adjacent thereto The Cooperation was to hold The premises
tense thereon bat without any to dispose of the same
for other purpose whatever aud without power
The Judge then proceeded great length and
with marked ability the numerous ahdsyts presented to HIM
doubt these points;
fst-That the selection OF Castle Garden the
msopt more externally to guard the enigsnts from frauds
and imposition that OF great advantage ia facilitating their
dispersion tine sgh0ut the country and Of giving them the ben
Of The aid Of the several societies specially formed
10 watch over their comfort
pse Of REORGANIZATION Is of anfes advantage in it's endenyto
sssus che health and sSmiS Of Tie Smsn,, thsmss,e
By the AFFIDAVIT of Dr. HAIRS formerly Deputy Health oeer
Cyrus Curtis. s6r%srs 6on%i.sionei Of EmsssiOn essS.
Thdy-The brns all the esrants whose diseases
have escaped detection Quarantine place
premises In question decidedly more likely to avert the
The effects Of landing the p@'ens At different poiuts OF i'm
IN the adsys Of several Of the experienced physician, and
ohe and bear every appsslanee Of GOOD sense and truth
the effect Of the proposed Of the Garden upon
ton exist Il sucen, say that ironser be
ade for Eeton than in eses Of theatened nares to
health VIXEN nuisance established and Aoated by the
dc. q juy The injury to property VII Dc removed; 49,
&e Barbour $ c. Rep 25aJ may that va. then
made BY the plaintiff AID successfully Tepeled b. the de-
sihly-Ihe remaining and ans question to the extent
and mrence Of the danger from contagious infectious d.
ss,e to the Inhabitants u The msdas vicinity represented
The distance Of the Garden from The nearest habtaiion
with nee ventilation AUS soas8s Ia 10. statements Of ths
SS@onsIs thai ihey uaesn % Pese1t Inc esrsnis from
ntrnans upon the Battery sDands and dlAc1liy 10
'ns DE-. sss :. ,s. b. tbs lsrIess
.h, th,ossion upon Tbs ssbse ro- their opinion Of
de eSicsi sss sss nay Rfneps aiienn % ne sasv Of
~ the rnshc rue VI decision.
sca p~naes. was sppa4 hrd overwhelming lumbar IN
tns p. o. VIC esiehosnts IL o. beyond 10Y power 10
estimate the eaiss wsisa q ekarstez md ssscs Rs
ssyeIs q TOE phy e.ps % The u ihe are now
or pave oesh 10 una .eAnens Which sple opinions
influence, Independent Of Comparative Al sra{,-
Among these Dr. Hams iorunsry Dsv1tv Hssth s,s4,
Whose sdsv merits particular notce. n .rFnr Pf,t,f,
at the Marine Hospital r. M tf % iass .a6 s.s,ns Pr
clan Of the Commissioners finee that nnss H. R~tvsT
Health Ofcer for four years AMI sssls.t ~ 49,,
city ana agent Of the Board u Health Dr. Mi0S -, ,A.,
Health Commsssioner snd Ermerly msubsr n ~ -
Council and the COMMITTEE u pubae hs,lte. h. 80.
Deputy Health OMeer Tor three ye.rs ier BE sn, n
1sSf Dr. Cor, visiting physieisne the fsyts u he f,.
DR. ksfAe n the employ Of shs Comm oasssasns