New-York daily tribune., 1856-05-21

r mhs W. Rnnrs nav hear the appeal en- .adavs ard
resn an -rpes taitn on JaSsnen. oy oeaar .sc aP
'ss %s.1 a the Of the act Of s,1 .pS. p;
" Fh section Of that statute provides that en- SpPeN may
ss.is esS q 1Hs .sG Court to the Jass se}er
the manner and Tth the IKE edse. % 10 tbe
GeD.is Te~ The eth section repeal: q. oct. aid parts o.
Sls.d BY the s.feDd.nt eoun. d. 5h .sSSs
% with the provisions Of the Code o. 70 o Court
:seGS: d: 'sRssS' Ss1 T. C SoS%sS sSSs there is
sveh conflict hsi reult wood .se place Tue apes.
% tho General Of the Marine oeJ, 20 zeal to The Com
Pss s he's b. appeal to sSsF .. IL ss
Zoe Genera Tern sss.s bs ssn enc se two courts sach would
=. +. the esse sDy thsn e appel 70 11 PIs,
IIm ~, h HIN N .aoS cares differed opinOn
o. s AHDssf g sse cOSto would ysd he
,vr OF Appellate Court The result wooa Se
& ,,estion en- appeal after the sppe. was taken
COmmoa Pes vas also Ad O5, Ps sss pod no
Sopsc between courts Not so hososer the
Ss Ss sssSseSs The one court Ssud
decide hat The S.nd.nt had noqad for .Pps.!iDs
revors. s Judgment In vev does seen 70 me that
sSs any oe IL oald be remarked th.
seedet 20 only applies 70 the snes ao 70 ,re enc f
appealing TO the General Tern Of as supreme
Sy ss but neither Of these sections when
lied To he
comes in conflict prOysions the Code of
Procedure relating to appeals to this Court ,,,,.
the undertaking and the payment Of the cOsts &c are
The effect of the apes. stay proceedings to collect the
appealed when security al sust .ined
70 the judgments but 1t in no other way controls the
II neither With prevents the appellant in
they before the Of the st Of 83
asSes To the General Term Of the Marine co11 Hsv Ss
either remedy, he has his election which to pursue
Che sup1s@s Court and debeIsion Of the in
Ss9sD udeton Of the csse and The opinion Of judge
Bronon IN the Coutt OF Appeals in Oracle freeand
NOT intend that there should be appeal until after the
s ~ been Re 1G Code II sereS to an sue o @
order and not from and was the Interpretation OF
sppreme Court which also contained the provision for
view the Supreme Cont BY the Ger era Term Of that Court
embracing provors for review by both Courts TO give
pressI the right Of appeal have before
married from the Judgment and not the s4rmAnce Of the
judgment fom the decisUn OF the Justice and not the deter
mination OF the General Term.
Had the enect o. that o the statute oeen 70 de
ksSs been adopted by the Court There is however.
supreme Court tho provisions appeal from jad0
s D b. eoded s " s
probably nsequence Of this decision that the Code
from the determination of the General Term Of the Court be-
Ther. may also b. properly considered in this CUES
ton which and discussed in the Of Fisaniere
q
In that case as p this the cause wa. tiled before jury
and sment rendered their verdict whstever may
Term the Marine Court by the Of iais they do
S,seed those granted 70 the general Term % % the supreme
peal Ne. The Gensrsl Term Of he suP5e@e Court except
red by the Court Referee that the facts be
sap,s@e Court ss ony eosna.be before single Judge aud
decision such motion subject to review by the Gene
not embraced within the ofIs5s enasns
The powers Of the Marine Court This question decided
Nv Of
20 reported in Abbotrs Pr Gas 2s6 BY section $3.50 Of
Cosr Cont may the judgment for law
t To e the s tier in o ss eS s' ,aS s no G
10 entertain motion for trial without an appeal.
sosac sIo can be none below cannot review
saeb errors seh there be doubt that
eonea3s iftAs Les...re would 50
Of the General Term the Marine Court in all the
TO hold ea, 5 .. . S ehs
Of the law should take which N my judgment no
The tms appealing be eh nsedi other provisions
given the appellate Cont to e,erSn appeals from de-
These other of the become neess
The e &C. sUs1s%. G nf p'
The question only whether there are conflicting provis
Necessary allow appesl the General Term Of the Court
below whOo such s9On. & cnt 4 nsye I'VE Ssss ;1;
don Term Of the Court below and II the uds
sS1wbeie This was The Augment Of the defendants
On tbs notion other cono be arrived at il the
yrovops allowing the appeal from the Judgment OF that Court
,sd that the powers of the Court below must be
haued before appeal be taken the higher Court but
such the effect before the adoption Of the last Cons
tut0L. - ,,..,
term and to rsu new trials snd yet the supreme Goa al
refused TO review such action OF the Court and whm
returns have been sent back from the Appellate
stated evew this Cou OF the proceedings which had taken
There was as much conflict that there could be
here The sgseyed party might apply the Common Pe.s
10 correct made the trial. or he might bring writ
Of error directly from Judgment Of the Common Pleas
Supreme Court and this precisely the condition in which,
understand tbs statute, the Legislature has placed tie
Marine Court by the act Of 1853 except that in has that
that Court power to grant trial where jury has erred
might IL It necessary apply this the rules in
the construction Of statutes which have been adopted by the
later which did particularly designate what should
Do thereby repealed.
$3.50 Mr. Justice Woodwork says; 1t well settled that
where there discrepancy Disagreement between Two
statutes such exposition should he made that both may
stand together" And in Brown Leare fih 70, rs
td that reasonable 10 conclude that the egslatue In
passing statute did not intend to interfere with or abrosate
any former relating the unless the Tepug
nancy between the two Is sinsuTmountabe"
deem however unnecessary this pJnt further
except TO AID that Ia equally reasonable aud TO
securely woIded To destroy entirely right other
eases snoIs have TO obtain review Cou other
throughout all the Courts and think something more thau
implication required before any warranted in
giving that construction TO this act.
Of regret that there should difference OF
opinion between Courts this question, AMI could
pee any plan BY which appeal could be by this
the General Term OF the Marine Court woad be
with wishes aud ereAuy tendng " relief om
labOous duty yield st once to The VIEWS which have been
the Legislature had the intention OF
IEDg Marine Court Ia saeh that suio there hal
power Of obtaining review of the judgments IN that Cont
being also clearly the