New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-07-14

edcs 1857 ~ nc Couoiy q New Yoft Che se'bsyto st
i,tiD lud,e q ~ D.. Cont AID The Othsr ocers :pe
,se Il he Pesce within The s.sps 81 ne. ,r :. ".ss "a
&c sis'et" nG powsr TO Te'eS Their ocee5.nss "a b i
ofeers described IN The C0rs,s,os and th.
ststv b that meme an proyion ,,nsde f their eec,'cas
DO sueb ofoer elected but the powers Duties Of tho
oe ore vested other ocer' under o'he, ind bsvins
ar-sr pow era follow tbs' this Cont rnertss
an from tbcs officers tersuse they possess powers
Of u,ies of,Ls Pe,ee The Recorder sd Ivises Of DE Sc
bsT sSs IN the po~,rs Justice Of the Pcsse and ,.s no
pretend that appeal could be .ksn from tbsir de
d.csan made BY ,hose oe, and made By Juiee
ofhs p uo" Trey 'e ~ sesn oinsss ,. p 's:
The c,p, CONT rsTer had issde,iop Of an sppss fse
either authority c,nno, Sc extended 70 sny oisces sa
embraced within ,e provisions Of The .r'e authorizing 80
previous lsJ7 this Court bsd power entertain sppess
from the decision Of any magistrate OF justice In summary pro
The only statute which Is. sny bearing th, subject
ALREADY referred 70 IL the set passed in 1887 amending cs
By this statute the previous section Of the coSe whG
granted % h. Court rps.s from the decision Of the JussecS
Justice Of u. Justice. Cont Of that city 1SswYortl
words "a Justice Of being inserted by way OF smendme
BY The statute passed previously a. the session tch 49,
sppes from uaments ofhe District Courts bad been
ferred from mi, Cont to superior Court aud aiaos
20 apply any other inject 70 the the s sccsa
tended TO relieve any doubt tbs, msh, resosetss
that section eODtanns az appeal from the adsmsnt q Ne
These Courts. by the Act Of ls p,se e were de.ssaeS
Justice Courts Of the City Of New YORK Dnrns the
session the name or yis Of the SoS. was changed k:
page ao The Code Of the year refers these Courts b
was a, caSssd 70 Tat Of Justice Court. in the CITY q
New York The sj2d section Of the Code provided for appeal
the City Of New York ard that section remained onta the
ndnent il 1857. hereafter referred TO.
In 1859 the style of the Colt again changed to that
District Courts in tie City of NewYork aud remsns II
til, In S s ct .e1ea P'if t Code wa. amended By inset
g before the words justices Courts in the City Of New York
the appeal from Judgment rendered by Justice Of the jus
tees Court 70 the City OF New York acting Justice oy
bsse overlooked the charge in the title OF the Court ssvins
the smsndcd section the style Of he Court Il existed i
trict Govt: Il the City q Sew.Yort ~
Ta ps. from So u: as Of iSnn S. ss
judsuent bf the Court, Is II formerly existed 49,.
was intended to allow this Court to en,eitsn appeals teen
the Judgment e the Court Some Their oobeet must have
been intended when the Legislature changed the law Thea
The for uelchsuse may be apparent. whes Z
the appeals from the Judgment Of the District Courts a. reos
ne m So eS Of ri hS s relative aS p s District Courts
General Laws 1851 S c9nfes upon Che Justice: OF ts'
magistrates enumerated in certain articles Of the
Revised Statute which are special proceedings before maya
nssme ut by the Justice must be rendered and such
the section smsnd.d nay BE- P.Op sppSsS.s .es
y the Justice only No appeal therefore would lie :"
Superior from his decision in these proceedings be
the right aIpes TO that Court confined TO Judgments
rendered in the Courts. and not by the Justice
be matter Of heation our part 20 assunsS
any jurisdiction in these appeals in consequence Of the change
the style Of these Courts prior to the passage OF that apesd
ment. But the better view of the whole matter TO ado
what the evident intent of the essate TO confer on
this Court the aht to hear appeal from any
such Justices ii the special proceedings under section n Of the
District Cont section far sats
these Courts nuity in quenoe Of the ehanscn
the Of the Courts. a. =,
Such construction would give vitality 10 both sc and
leave in force which give the appeals from tue
10 the Superior Court and appeals from
the judgments the Justices In special preceding TO the Com
mon Pleas and without any conflict between the sewers
statutes.
adopting this construction Of these statutes the practice
IN this regard 10 proceedings for the
coyery land made similar to that Of other counties IN s
State in all of which the appeal from the decision Of the usscs
there may be taken 10 the County Court and relieves m
from the necessity of saying that act Of the Legislature
nul,y for while the intention OF the Lessauren
sppsr,nt in all other respects. an.
Our conclusion there fore that the amendment Of tho So
section Code authorizes appeal to this Court from hs
Mt rendered by Justice out Of Court In those epecn
which authorized to conduct and IN whsos
Judgment necessarily be rendered by him. acting a.
Justice only, and not as Court