New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-10-09
SUPERIOR CoURT-sprGI.L TaRS-ooT. before

SUPERIOR COURT-SPEcIAL TERx-oCT before
Justice HOFFMAN.
ENLISTMENT OF MINORS-HABEAs CORPUS TO BIZ -
SUED Is THE COUNTY WHERE THE PRISONER IS
DETAINED.
The People On the relation Of Merry Allen vs. DaIei W.
Burnett
Hoffman, 1.-THE relator has established that
William Allen her minor the age Of 10 and
under Fl years aud enlisted without the consent Of either Of
appears from the !he WI. the 18th Of Auers
1861 he enlisted as private soldier IN the Governor hogsn
mustered into the service Of the United States such private
soldier Il further p2eIIs That On me In q &
dee Barnard OF the Supreme Court of this District upon an
quies Richmond County for magistrate Of competent ~
sdieon to giant the wit Of hsoeas eorp9s sna tst s
county and gone the western Part Of the State Of New
The petition IN that case stated that the party deprived
Of s liberty ct Camp Law Richmond County The petition
IL the present instance states the same fact. , q,
p.5 op tbs 18th Of September 1901 iqured into The facts
that The fact Of minority was aectnaneo shl o. -,
" ~, absrss and Temspdsd him 70 tie custody Of The
officer who produces him. Several objections are mace
By Hs Statute q g. ed $50 Secs 81 81 r. g. s6,
application for the writ may be msde to the Supreme ConIt
SPi e. ucs. O. any officer who nay be authorized per
form the duties Of Justice Of the Supreme Court at Shan
E deained OF N there be no such officer within such county
II he be absent for cause be iLcaraoe 81 tby "
have refused grant such writ then to officer having
sucL authority ding any adjoining county There mdst
Ia sch case be sufficient evidence given that there no
officer m the county Of the detention authorized 70 grant the
witt OF that lie absent has eined TO graft H. OF INCA
pabe of acting for some ean.e specially set forth.
The affidavit produced Is liable TO the objection that II ooes
eGpy state that there Il no officer in the county ot2I
the County Judge authorized q grust the wit: only nat
Tie deponen could find IL Is subject also 20 tire dih
euiy As Il made the 18Th Of Sepsmber 9nd used
the 10th Of that month, before Justice Barnard VI the zane
day 18th the present application was made The County
Judge might have returned IN The iptem An aDdeVI o.
later date should have been produced ,
Think these objections well taken IL IS next i-sstei tnat
the decision o. Mr. Ju.tce Bsrnsrdis yea udedta upon the
ue facts in the ard the only mode Of correcting
The c.se Msrceih agt The People In the Court Of Eou
pont and has remained unchanged (see Packer 1873
/ This objection Is fsiel TO the application.
Another point has been raised to whether the party 10
po 80 brought within the at Of Legislature &c
make hs enlistment valid being eighteen years Of age
without the consent Of parents ,,,,, o., o ae,, -.
fst section Of article l., tit ibid 2o and the act q
April IS 1861 tSess Laws 27 may be referred TO- as ssf
the 18th section Of the Act chapter SO4 OF 1879 iHeed no
The sppstion must he denied and prisoner reusrded
az H. "R''Ii' for the '''''''' MI linton W '''
SUPREME coURr-cRcUr-ocT. s.-Befo'e Jo'tes
HOGRBOoN.
THE WALL STREET FERRY LEASE.
Jacob sharp sst The Mayor, &c.
This is suit 70 recover damages Tor Iue hoh,pei-
.ormsnce Of contract the matter Of the WArest Fey
lease The case postponed Thursdsy on account o. sIe
basnce OF counsel for plaintiff d. d. Field who enesedin
/ the Court Of Appeals.
SUPREME CoURT-CHAssKRs-oc1 s.-Bef're Justice
| srrHBRLASD.
DECISIONS.
O,ti Alberti. &C., agt. John Johnson The Inter.
n.tion.l Life Assurance Society ss Hampton "SSoi'
al John Dempsey sg- Charles g. hill et a.: "e"se -
wIs Ct al az Henry sss :1sI Robinson Iii ~ Robbins
et a, sgt John q. A. Treadway; Augustus heHHfsi w.
/ John MichSel,, &C. Motions denied: