New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-05-11

ss in substance a. folov To allow them to transport
ST ,.,na r- as h~S themselves r Canal ConpinyJ or any
other perous may enjoy povidns specially t rate Of tolls
s.cesinns the quantity Of lump coal Belonging
Hudson Canal Company which that period they shall nave
sell and deliver Rondout by transportation oa
canal during the year The price ton Of those
.sl,s sts then DC ascealned, rom Gun .n,' lsy he
the toll pr bc charged 10 the plaintiffs for the tsn,pp
their coal during tho said calendar year - Tar te ar
uelt very definite and scarcely admits OF any mo'n
oeguou: ,, 81. -, ... =,
nG' ca sI sbch c IN, Is. Nav hsi have been sd shall be
ouehs Of the emsted sales TOT the year then the
toll during that shall be calculated on tHr s'"ass p
.. tun swLich the shall have been actually made or
course that contingency average could be struck until
There ar. other s.puators relating The toll blt these
the Gully provisions to which IS mpsnt Tor =. to sd'er
difficulty which has procuced tbs action has er We
e 3 eHSs the 9s 5. "Hs'S If IN M sales SC"
OF exceed oesf Of the estimated sales Of the whole the
81, 's Ss 11g - RI, % hs weighing ssc csr. at Ed
dyvle where the weEhlock situated But the Penn'yv.na
g. SS cG%Ps i the the @ Of Nay o les. than o
half estimated sales fr the whole and me rate Of toll
By Of the last clause cannot Dc liked ut
o the year. bt they not bound to pay any toll
until that time
Of M The 3 the toll can Be R TT SS on the @
in The other + pain tsa IL Incapable . q g,fH , I'm,
want Of sGeqns data in fact the necessity OF the
provision. which have seen both parties have alike rccos
nzrd by mutually inserting 1t ~ their c"niact 49,.
The Canal Company insist, however that they have right 10
of the tolls NOT yeiutins t. DENY that they only the
pirstion Of the year BE- precisely ascersined
Bot can granted in the absence Of express poys
Jon pemttng Under any circumstance can payment for
the use Of anything for the purchase Of any properly tor any
shall be- absolutely sscertsnedl As general rule
obliged perform contract until its ns Te limit aud oonh
tons scen-d scd prescribed No debt can b. legally de-
andrd until il capable Of being estimated Ii en-
cages 20 Rome aud promises to pay all the expenses
prn OF . expenses Until, he comp, The journey unless be
has the precauon have expressly under. that
If they. ara
cured can essential difference the point In
yoyed between such case and that now before u except ha
Word ta which syes Il SO potent an eject I'm any
tract in which employed above tine ordinary rules n con
.tructonl sitting this thoroughly and disco.
only question that remains for consideration
Does the word "to" which ia employed throughout this
agreement import termni instant collection soon as
the weight The cargo the usual place
Toll" is Saxon word originally Simplifying payment IN
towns aud fair for goods aid cattle bought and sod
there d'fued in the institgte' 70 be ea.onsHie s9m Of
the charges which canal and railroad companies require for the
transportation b Of sI. RaaS S4 Or G'uS a. UT Inn
porting tho contraryprecisey goods sold presumed
chromosomes Of the case show. credit The
word nothing than compensation for the privilege
peuds entirely every other the express or i'm
Piled understanding of the parties TIE right Of the Canal Coa
bes received from the State Of PENNSYLVANIA AID New
York H. indeed permitted by these charters 90 exact certain
Of asccr,ained burden in every vessel
the is fixed the toll cannot be -1sced uEti the bur
den il aertaned so thar the payable BE- certain
before he enaudrd Nothing appears 10 these charters
mpressns on the word 'to ssgufcaon which, ct vi ter
mint imports immediate right Il collection hrre the terms Of
contract Inconsistent whit They do got IN other words
any imuuuies the Con shielding them from the
eecl the ordinary meaning Of the ordinary eone
Qusncs The u cfmptcon and care IN tho preparation
Of their The employment Of the word TN there
fore does not give Canal Go npouy any right TO
cos elton Of before its amount is .oeaned And have
already minated the contract its. contains honius rom
which can b. satisfactorily aud legally Inferred that the parties
intended in the contingency contemplated ~ THIS clause OF Tho
agreement that the tolls should be payable before the expiration
q the To be- immediate payment provided Tor ia
the 6 clause but his no reason why we should legally inner
that this was intended on the happening d the men
toned ia the prov sion under consideration Indeed he pre-
In the in mediate payment expressly provided for be-
the amount could be- ssc,risin d WIN certainty
payment dlspensed with, and payment postponed
until the expiration Of the year ecausc the amount could not
be psuby maintained, II the parties designed payment on
aecous BY proSuste Calculation, that they would have
subject Of payment by contemplating the contingency and
II they deemed practicable aud convenient; prudence
which important interests concerned would have required
suitable provision for this Purpse expressly 'e. G'h N .Gs
the Interested conjecture. u the other to MAKE what is
called proxmse estimate. without s least specifying soIno
principles u which the compilation should be made
Il would indeed have been convenient for the Canal
Company 10 ecrve the tolls aud Hay be- very serious dtn'
ut not received them the weight u each
.uccesyey sscesned OF the weisck At kddyye ON the
other hand would b. equally convenient oI the Coal Company
taned So b. presumed such combinations op"r
sed in the minds Of the ps,f' IN mssHs . contract,
aud silence might have been esaded BY ea'h as The ees.
policy Or which more h1eS each might nave per, "'hs
to this point strictly ssa Hsht. They are PIN
6 "gay aIf I % ds hlssS by the
the by the other until ne end Of ne year tna
both inclined 70 yield material avor aud
respecting an Arrangement likely 20 endure TOR many years OF
great magnitude, and Of rea, advantage 70 bIh H. under n
fret csue immediate payment was ede BY me one under
the Contingency contemplated IN the later postponed
may Sh 'ry good eG os 3sda 1 ia e O.ye as
the method prescribed BY the h claus. would ~ the great ma
be contingent and exceptional Thus OCCASIONALLY wloa a5
sacrifice Of Interest would be nothing
or extIorduAr that they should wait FOR FEW montns Tor pay
nent their very ae and very profitable customer l.
But, ~hou, dnlsins in sny speculation on me posfo ~
o The provision referred no saeh 81
The Csls Company demand There = no latent vIas a. , o
,b. ordinary res construction snd toll ike any other ses
esnnOt BE- until aST s ~ y siSsa 20 hi. rss
than the which departure from wouia -xhp
ILL., bt ,b.r rae can BE- estsbA.hed what shall BE-
enacted who shall determine the amount y a1asss
SS ns,s Of the interested party The law sbhofs sfb
tIsy power in ;h- private much a. IN the Pubc y
sbitrsnrnt Of dnn.rf-,d authority The Canal Company de-
msnded o1ins;e e.ta,, % c.I pr on Sa AZ" G
Is gs a. well EsSs aSaaad.d 90 They had
.iAony 70 :e'Ie In =. dor could eoeree the other
until he actually payable should Dc s'ss~ AZ ~
Tb. adu.nt Of 10. spes Term .hod b. reyers-d without
~,ts and all the % me Annacsn VI @
.,e haze been a.c-..ssed st tEr u and a. nas no eh
bTourh for review The Gsnsrs Term nPnn any
al r Ia N. ,ri.l IN s prucess zscrrainins fsts there
No Necessity for oEd~rsss nal , "a. II.
Jyd,nent therefore .soad y ,'rfed pI 20 Psh'"' 1
eu.i. (Mnqusi Hsrqu4, kerpan, SSJ
Ser- York Nay las.
TBE SHEPPARD hEsOs CASE.
James sh-phsrd. PaEta in Erro. ss- IhS rr"p' ~'
su.s In ErroT
Sheppard was convicted in the Court Of Gem raj
s.-ou The h. degree IN s-,tis h's 20 ss DO he
lived in IL Fifty third s,r-r on ne nsn, o. f "a e. s