New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-01-07
Law ZNT,b'LLIGENCE
SUPREME cOURr-srrcIL Trs~ ~ CHaNFvRs-I,, &
Before Judge CLEEKE.
POWER OF A JULCE UUI Or CoUHT TO ENFORCE ONE
DiEscE To HIS ORDERS

sUPREME coURr-sFEci.L Tss~ ~ CHsstyss-I,sS
Before Judge CLEEKE
POWER OF yuICE oUi or coUHI TO ENFORCE ONE
DuScE To HIS ORDERS
Joseph {. Wcker at Haraos Dresser
CLERKE. J.-Ibe piartffu a l. acton pr,-u 81 an
order Fl yaSse D.Ss' se,ins Juose OF tou psr.s-
an t. TIE chapter 4 he Code r-g q prc.ec a.. .apys
beior- Inn 70 h. led under proyi.on a 3s r..
ss t a s'sS an order ws' ,.su-d ~ II:
not 'eNts him f'r ab~yips t6r oder de- .I.s
Sp.cs Term II 'h Court Efani,d an ra~r oS
1867 sdudsns 'hr defendant guile, Of couieup .tias
anua,iou OF the 18Th Oct SS before VIM Il Dara b~ry
esq Aud psy o. ina 'ifne -ocs's ot - on, Ia ioo,
On tie port snd oefcse Of ,hS referee showing thai ID.
ieh dAy neglected 70 serd before him Ia Obedience to this
ort'T st prcot Of the cue service 4 ee6e copy Il DO
Irer - "tua "o;nsd ar oe,f a. p al r.sa e.tsss
al 3, 'l, IA Prc.e.ps ,sar issue ss.n. 10
ou'rt o. h s,fschn "a, be VS. rouLs custody q
the >hiir beire Jldsr Clarke Sp.e Tenn the iAh
Of Dtc'u'c lsto To- dtnc,ai ciasuo Ge pure hn-
80 .. tbc 60 tempt he C,ur ,TiH.i'. orer tee
plaintiff =; &c rtetrs .ois ftIVifh. th tvG lsut
ten day. .GSn, ae fSr1yr hsArRs q I- m.ir
Pecd The deltsu stating 'bA; he hAi not filed 81.
a. the nttuossories r cosqutnce Of having appealed from
the las. order Of be Spc Term having 6-d security tor costs
asking say Il Prurdus uuth decision OF the Gen
eIs Tenn on PPs 1he defendant sPPes' the ground
ths the uppem uy poceeoins' having been commenced
bcore Judge out % Court pu.usn % the provisions Of the
tempt sd that The Court IN such ins,
measures 20 punish such contempt In
short that the contempt ~ Rot coneup' Affecting 'ho Court
l. hi. amounts to denial th, ,A. Court ha, the power
ers pop tou that there mode Of enforcing obedience ~
orders sde by Judges Chambers In the various and nume
collateral o. incidental proceeding In an seton es.e's
S o' -. gwen rxpTes.lS b, statute
But 1t s,niy Necessary TO tkAiae any elementary book
ard look he Ice daily before 70 De convinced that
iii, pIcp son en- vly uniensbe The Court has the ia
britn puwe in seueTl Of puushns contempt,
dob orders see by Judges out of Court and hss
tacsor s.i.,rrcc u judicial buha-wiihout it Ooa.i-
de.tls portion Of re directions. either ocoTe or ser uas%sPt
in lhird, IL me- Pse'hs.it osC lii, ,, - -,
resent 'y.eu, particularly in the F,r,t JudcA Districts
fr.r o,t II Cour, All motions. except for new tia uSt
extending however the granting OF Judgments except In al
ntei ,c.rely cnumcrle the which
orders Of Judges cut OF Court necessarily enforced BY tho
cOefcye power a the Count.
Take ore two stances suppose party dsObey, the crss
Sior AZ, m poVe m enter. ms uJsnspat In a..as. 81
the Judges order The party guilty Of this disobedence In
The judge has not the authority punish him 50 With rcd
10 oIdeIs to eutrce the pa,meD Of incrocuto cossies
VIII" he Sbe,iS or sTy ofceT Of m. Court 4. .at,
ofbeEect any Sooon of dhty respecting tnem Toe Code
bss IN nances expressly snd In other. impiedy aud
NECESSARILY multiplied instances Of tbi. kind The order Of
Junction according Sec 2ls be- mAde by Judge sswe
BY The Court snd when made by Judge he enforced
the order Of the Court. Where Judge orders an speion
cPy Of any books papers documents snd where oomph
ance With the order h refused the Court may on notion ek
cuts he Ppe OF punch ne Iatty 'QEisg or both ss:-
s Where party TO the scion is required By Chapter VI
refuse attend and testify section ~ provides that be
"be rurshed as TOR contempt" No power i gwen TO the
tie tou certainly may punish him according 70 Ito iaheens
right In all the eases to which have ret red tse m'condnes
otherac committed the immediate yew and presence
ofthe Cout These examples The standardization u
pair imP de q" pItudee the night. OF remedies oil PArue.
Wh, penoo o'obeys the order OF Judge he cannot OF
course he punished sumnsuy when the conemPts com
uitted immediate sud ot the Court bat
be can be brought up on an order to sho" Cause OF a. once on
Saclnebt compel him 20 answer 70 inter oestones .
thai Judge. In eler he'll equally suy Of conse
quertisl contempt OF Court
provision relating 10 supplementary poeene' For uniess
rxPresy taken away, II Ieusns The Cont earno, be de-
proceedings punish for contempt m undoubed conferred
mcnced. AID in the Fist Judicial District op any JUDGE
before whom such p'oesGnss have been continued where
they have been ID before another Judge the be-
towa ofthe power Judge oat OF Court IN such SeePonl
dv,s the Court OF lftbs The effect IL h't onl,
Court the individual members OF IT, acting out Of Court
saws IL sry person Sc obey an order the Judge OF
ree such person Sc be- pull BY the Judge
Du.r In il ba, ,ivsy. and exercised of snforo-
orders OF It's Judges # Court snd Of publishing OTIS
obedience to them contempt calculated 10 impair ts ds
hs ,scSn maSs in 1851 msiked ia italics. IN VOORHEES,. ed.
the legislature contemplate the exercise OF this power BY
the Count IL supplementary proeeedGss The amendment
sdds: In all Of commitment ande. this chaptsI 49,
tie person q niuit'ed may In case Of nsohiy 70 t
n, m IN pisonnen, by ths Court Judge committing Ain.
IT, s ao4 '% S a5 by By HSc Court comm"
have doubt therefore tha the o'cer In this case made
s6 ard the 10th December 1856 founded IL.
and should have considered this KminstoD
ssay bu' for decisions 10 the contrary
OF olsr Cou.is
In these cey believe that the power Court.
entire amplitude all proc, ediDgs In aetOn, was
81 hci,niy ted % coutdervd
The decisions referred because the Code does not
- give the 10 the Court that the Court
possess taking for granted that this does not
belong inherent right aud overlooking the fact that
respect thee supptm'ntay proceedings the section
which have quoted guzes the power IL seems 20
necessary confer power II IL Is already possessed
The General Term this District has think settled ts
question the Of Green s1d Dickson ast Dbl Veccho.
by order GENERAL Term the 10Th June 1883.
sInuR order Of the Special Term Ia similar 10 ths
But here be smother view Of this subject Even sup
po,ug that Court bre Il s usual power Ia proceed
this description, would tribunal deciding upon tho
validity II these orders regard them emAnAiinS non tho
Court when they "a Jdcf made By nsc ion u ssss
usgastiUs Special Tenn 10 BE- ure but also a. he sane
actually performing the duties Of judge al ChADbors
this Kind would be regarded invalid by tho
Tenn Of this Court slender aud technical dis
nction Involving rights aDd not shec ing the
the Department. officer d the Court
Wee there necessity for H. the order would BE- taken and
held order q judge Chambers NAKED with the
instead Of the full Of the judge Enttug tho
,def Al suecial Term would conclusive
In tIut the question deserving Of any dicuasoD only
cause powers wbi IN tbs Court considers essential
10 the cleut administration Of justice and which Il H. there
fore unwilling surrender without the authority u tbs Legs
lNgTc.
Application for a stay Of proceedings desied.
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