New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-10-02
SUPERIOR COURT-sPRcrL TERE-sspt 2s-Before Jus
uce BOswORTH

In re Israel Kahn
BoswoRTH, J.-lsrael Kahn has been brought
before me habess corpus and the Sheriff Of New In
whose custody he is ety that be dstA him by virtue o.
mon Pleas which be produces and Of which made
part Of his return 1t Is insisted tina. this writ Is void on Its cs
the name Judge of the Court sealed with the seal
and purpo be issued By order of the Court and signed by
The writ reces the of Common Pleas the 2lst
Receiver Of Taxes in the City Of Newly ok applicant ami
Israel Kahn respondent $50 enforce payment OF the personal
year 1859 "by alleged in the application of
the said Jane: Kelly Rses s y sGF S fEyb yesf so
the satisfactory and sufficient defense or excuse
the matters alleged in sad application sad kah
guilty misconduct in said application alleged to wit the
neglect by him said respondent to pay the personal tax s
that this preudced &C the rights of said applicant
that 1nd cE9med to M upon 'd coz I there IS
expenses of said proceeding being S26 30 in all s2i H. and
se sbsi4 To ss and dn Kahn in G Until he
sI24 H. and the Shefs fees such wit until the said
The Revised Stat ites- r. 56 sec S. sec 4-dsclsres
that shat be the duty Ct ths Court officer before whom
patty # it shall sppesr that he i detained in lsmong
other cs,e.l fG any contempt and PLAINLY
ing authority commit for the contempt so charged and that
the during which such party be legally detained has
The questions therefore are r, person assessed
Contempt on account Of 6s neglect pay such tar aud
such contempt specially and psiniy charged in the commit
Pleas authority to commit for such 8 contempt
set OF April H. 1872 hap 3l8) declares that the
lec or refusal pay such according TO law shall be held
and d. emed to be gec violation Of duty mcOnduet
within the provisions OF Title TO- OF Chap Of Part Of the
Revised Statutes
That title declares that every Court Of Record shall have
power punish by fine and imprisonment either neg
et violation OF duty misconduct by which the rights
remedies Of party In mater depending Ia ch
Court may be defeated impaired impeded prudced" In
the cases enumerated In that title
The oct Of 1852 (upyd therefore makes the 70 pay
personal sconduc violation OF duty which may ~
some cases be punished by fine and imprisonment either
The Of April 49, l5i3 (chap 23) entitled An ACT o @
collection OF Taxes in the City Of NeT York provides
{l2J that In of the Teasal neglect OF any
any imposed him for personal properly hs 80, s
Taxes IN the City Of NewY0Tk, when sloh sto " h,
IS that Ion specifies may male spPloAt.n .L. g.
wear 10 the Count Of Pleas Of the county o. 70
len, Coz n 10 enforce yment Of Such tax Section thft
Of The same act declares that the Cours NAV inpoe ue W
lie i,conduct sufficient In amount IoL we payule'
Of tai asrsed and otLe costs and expense. OF TUE
II Authorized by this to enforce sueh payment o. PUNISH
such misconduct 30. ,,, Ar, "a, 81 NJ Val nj,
no his parscpa property De punished A. Tor con
80 ~ @ accay,t Of BIZ neglect 20 pay Whether, IA this
;os IN tha pe ty add plainly charges
, for duct this character, sud shows tha the Court
az Common Pleas this county hiss judged tia. the said Kahn
be &c nt,ed &c. the statute makes the remandng Of Kahn
imperative duty. ,.
be conu specifies ard d. cares that tho Court Of
mon Pleas has that said Israel Kahn guilty Of the
nroudurt Their In cited to w.t. the by la said'
tKAhn) pay the personal tax ssessed imposed aud con
hmed against him for the year 1857 and ttat he stand
committed the jill OF the CITY and County OF New there
remain charged upon tie sad misconduct until he shall have