The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-04-18

right of tho party &c rs shall entitled - ths on
after taking ths oath, &c ana me- Ia his 'uts I'm a.
diately 70 tAse the necessary p,nted ont oy b9s
Obtain Of The oSoss &c posytsnas
10 the Office from which he has thus wrYusfuy sx
the srtsy strengthened by ina OF tpe
Les ra provide for the jadgn
or other proc tedDe 70 remove the asnrper an insS
the party ens,tl@d. The right n the office be'n< &
estabsbe Cd by tre judgment th-y this
Iemedy IN corei The delivery Of the % Ks aod
ptrs sno any process Or proceedi Of onsser we're 70
qured apou the adsmen, dv-st the dant If
office and iDsts the party eued toe Legislative wOald
vndcueeoy have nrovtas' soe remedy suitable TO he
euch . procses, however, l apprebeno w0uld be
Anomaly IN she lac Aed shoa.d bs accompanied With
SPECIAL DstrocoDe to ms ste-n as u the mode u
ns execptNn. Fur process ts take from "
6ce give sDotber. wuuid In practice very
Doub,es, thug xscnts, AMI doubt ~heshsr the
Sherh cond ev.n SATISFY soe pN'ty eo''d taere tns'
he bad devere en- to otn coovnoe the o,ner rsrss
has be had osrooed him Of IL. s Dsistei, (ssys the
some Jooee, % u n ~gued h1e0 mat here are
prececeD~ to be found IN tbs sary reOorts in FL
land wbep tDe writ OF sezase has been Issued 70 scze
the ofrce fyonchi iotO the Kings haods l bsve
locked II 10 th, Sc precedents aod thy are all cass Of
night To franchise, su;h q 'erry mxket when
we're eapeble of actual Seizure uton the wrs. Bat
n She RI IN Office soeh wrH IS necessary. Hr
CD 7fays:Such ca-e needs wrii Of execution, fv
10 a 9uaye ippsau judgment be ng AiDst the iucanb
the pxtcD pres ente ~nboot aoO rne KDg the
adds:-"I have looked very carefully into the
reposts OF Wes'n,nster Hall, ard bave not been
able TO bno spy maze Of IBIS writ, and the
Fl gland treat shere Judgements as actually ons.sg <
snd removing tbe defendants from Oif1ceo
IT In very clear, ths-efo'e, to my m'a1,
tpst the party adudged entitled TO tb one does no. nsed
the sd OF the court Of the Soer put do
ftD6sut tTom the ofce 70 place him 10 it. Tbs
al'esoy removed and the toe Office, and "a
tsd to nkcbarge is cuuee and receive eDpuu,epts
nc tbe tine o. the entering o. the Judgment tcs,pg
HIM TO ebu lan. Mother Ia the aeoes. .ary -
put the party eLed n po-eesson of the oooss %
psvs sppertap bg the OH rhe Legislature has pro
vi go aootber fU obtaining them That moda let
be yesSdsd ~ abo 'shing al o.oers and a is ectdA,
ard sum mary DO for resortipg to any
Other By sectoD 43s OF hs Oode, If toe defendant 70
fur es to cever 10 The party entitled the books and
papers be- ball be med go ~ OF NH demea and tue
proceedings Absaay referred u may BE- hla 70 compel
such cehsegy A resort % sach ,ocaeo lnes IL the
remedy prescribed ny the statute ano cannot thAa
nave the ~ adopt any other A. that remedy
10 juGem 1t tifeopai for invotog
sby Other, II ary suca ex'stsi For tns stated
thos that the asked fs- by execution ths
Snerrf h reqnir. d. and the arpicaon saeb
d Det he renseo AO execution only b. s-ued
in like the pre-, ent IN COLLECT the css, aud ane
where imposed. TIE execution aeked foe ths
application goes tner than the Judgment This canapt
he DO, ar fbe pov-ty nrpoetapcs 81 the
question presented on tors application ipiucsd tn
suit my bretDysn % tn uficiA district, ana tney au
concur In the Vie ss bere announced.