New-York daily tribune., 1857-09-30

Ic-:cd L.. IE,v- hsd 60 preilas,Iy eI,uir.son'
Is s. ses Of sr sea . rs.i,P f% @ -
mi.asuesnor coar' .end the G.uer.
the socu'rd elect to have to. later
ios,M Pc-i wtet,r the pO.i:icu BE- correct or no, :.
sley. "a 2.;h Of tie Ex,,e A .,ly eonf,,
upoI G.ad Jtro, the nsh' 10 originate ni,n-.i IN
IL .A. be the du, Of Court, 20 instruct Grand Juro,,,
grre ro :. he casn" sfa,l '.- provisions of this
Moreover the Grand jury hs' general given By II
$50
Evs cor q Session, 'A =, ,s have .sf = aaais BY the
m..drme.I a, courii,ed ,rsble in such county."
ony Hac1 oce;: a.fe .re. procssdias ,Te d~aaei
the procession Of fornses defined When are
H1S The =. s Cas- s.;.sg. ,gty haS. aS. not Jurisdiction rs.
Of lass aboye alluded means hat when eomp.n. e. e.
81 Election Ct irisi :, Special se.or power Of the
GrAni jur, ernl.s no, eomphiu. bu indictment. still
U) The Cour. shouli hold tte commitments reful,r
tI Bui irr,siss that the nn'''nef should have
I In either tia, the commitment was legal, uuder
n T5. tss oian2 JuTy h.vs power to originate ine
(al Under r. 8 quoted.
%, Under 2esh section Of Excise Law:
~ And this notwithstanding Special Act OF rs
r.. oss ~sfs . .s.. s.I.fi pesl eSen Grand jury
(b Which, any aspect, sppes merely to written prms'y
Isl That the act called Excise sc intended TO- restrict
aud regulate the tr,c in aa9r aud 10 its Sunday proaei
ciss: u offender among ,r.s cter' -
~ That the construction claimed for peos statutes the re-
lsor and the Commissioner below strained aud not war.
Nv The Court should remand the party under bail for trial
Tuesday Mr. Tornn'on replied for the defendant making
Fip.i Poist The commitment was irregular.
did not the ss,s S. b. an Sea ss%
Of require bail 2R S.. ne Sec, 81 State St. Hsr:wg .
Maine R.. i2s; People as Bsrbenick - Barb. 2A-SH
, The s.issuIe the amount Of bail a. sloo without
thsa ia
Increase it and diressrd Of the VII OF the Less su,e you'd
" Seoss poSt The Coamsoner properly discharged the
The n,ment being irregular he could no. remand the
the hesrDa that he was guilty Of csnnal oHene
NJ .u tsmCny @ " va. osered Tue wa:
Of detention t.ee Point. for peops and thu.
defendant legal shown for his imprisonment and
the prisoner v" entitled & to his discharge %" Sec
1h,d Point The indictment void f.cs does no.
J. The orn's Of selling giving away liquor on sunday is
created q of Chap 6 Of Lsx s and Dn G0nase to
op e9e hpe feepe or PERSONS licensed to sell liquors.
a. This Limitation, be taken away BY any 'O'
This being pens, must be strictly construed for the
Of ss Riy iss Pn15 5 S @ SsS
liSsTt1 Vs"enSursh ia''1 v. Tetiy Ta 3ow w. 20 ' ,
Other sections prohibit the sale Of liquors on all day. BY IN.
licensed peons-snd tho policy of the act Ia M section Yves
to restrict the privilege granted to those who h'd general
This dispose. of the necessity Of dividing the section
Fourth Point indictment was improperly found by
The originating indictment. by the Grand Jury con-
trsy the letter and policy Of the Act The 6t Seton eh
psn:s made before the Msssste pd prevent, him
'dGptns Other mode Of PIoceedust b,
Of Sec % or BY using the words .concunen' 5emedy
2L... ls57, Al, sec 49, ao 49, sec % Bsone' "
. The 10Th Section confer. the Grand the Iisat to
Hr rppnn, b 5S IT, to kennady Sa r, M
II arrests msde BY the proper auth re- the drsod
Ju,ie present them uIdeI the asS ,sc'i's III, sn,v
Q, the Count to reconcile the different :sc:ioG.;
with nSc, bs statute becomes bsrmOn
BY Lns the ndic in the General Sessions. or
eSasd 2s, sa' to be- tried Il those Court, rh,
also eonse. between this set sad the act o. @
ton In misdem.auors: Laws l&7 III section 70; 10
I e. s'p S s' 81 Rex sP'a paal L% .s ss
and II McCurtee Orphan Asylum, Gov is7; Bowsn g.
The raht Of election given by the 18th be taken
away BY the general words Of 18th sec Smiths CON- '66
F0a Po,Tho Special Session. has exclusive ur'iction
"ps.: cS 3 & to be ~ sd 1 II ssO,sE b GS. us act Of 1856 both
ave the rsht to elect ,here is no repeal BY tss
;Si.s tsS a. hv" % d Cow a." t Isl sa.sn s '' I a.. ~ m z;
Bessr Hale, u. g. r., 81; Wood Toe United States 10
Si1S Point-rhe Sabbath Is no, sr.cosui1d a.,itaon in
the contended for by tae prosecution.
Common aud by Statutes and spiruous liquors
authorized be sold Sunday By tavern keeper; lodge
Ssci,iop' 10 all persons on p.yment OF ~ S.
Carrying the Mail of the United s.ts' Sunday is e,
The metropolitan Police Ac. by implication. permit. .he
private sale Of 'piri:uou' liquors on sunday Laws s
These cited to deon.r.ts ths, ,hsEs no lag to
ss5es that Ss Ss Of one in
and reeshment well as for public worship Is o.
admirable service to State considered merely as 'ev
The decision the Coni..oner and should BE-
Case submitted.
Before Judge. DAVIES, MIrcnEtL and cLssKs-
DECISION.
Aaron s. Bright sst. Andrew j. Stevens.
An application to change q case from the State
Courts those Of the United States be made pa't
for his client though he cannot BE- bail service Of notice
Of on the opposite s.osnry' and the entry ,
from applying to change the cs'e to the United States
Cosrts.
UNITED STATES DISTRICT COURT-srpr 2s-Bshse
Judge BELTS.
The case OF the SLAYER Merchant came OD this morn
ing according adjournment Santos Of the defendants
in Court aud warrant issued for his arrest and
the case went over until tomorrow
yNTED STATES CIRCUIT. cOURr-srrr s-Befarr
Judge NELsoN
DECISIONS IN ADMIRALTY on APPEAL-sEZCRE-Jt-
RIsDIcTiOy.
The United STATE: .st The Steamship W..nins'on e,.,
NELSON, c. J.-Tnis is q libel Of information Tied
procure forfurs Of the Wsshn ston for violation Of the
revenue laws. The Oean Steam Nsvgsioa Company inef
yened claimants of the vessel and excepted the oe on
vesr the Southern District OF the hsh
and brought this District that cause of action
shown within the jurisdiction OF the Court
On hesrns Of the exceptions 20 the libel before Jrdee
soil be held tbs; the Court had urisdctOL and oVerne"
them giving leave to the csmsrts answer. . ..
An put in denying the facts alleged IN tns IL
bel ground Of forfeiture alec iss.ns that :ae C"u LAO
jurisdiction Of the which there was rePc
The before Judge Hail. the issue oi isc' tnus
joined and after bearing IT, and the nee of counsel ne
held that the Court had jurisdiction Tor the want Of proper
svermsnis Of the seizure OF the vessel within the dsc
required 10 give jurisdiction giving however leave % the proc
the bsas amend the libel in the .espec,s ned de-
fctve The proctor refused to amend srd 81 absolute de-
dsissng the libel hss ben entered The 10 now Deiorv
vi opspp. al from this decree.