The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-10-09
IMPORTANT TO PARENTS AND MINORS.
SUPERIOR 00URT-sPDCIAL TERM.
Before Hon. Judge Hoffman.

Before Hon. Judge Hoffman.
o@ a-TAe People al Tie Relation Of Nary Alien, n.
Oasiel W. Bnnaax-The relator has established that
william, her son, was minor, over the ago of eighteen
and under twenty years, end enlisted without the
consent OF either OF his parents. appears from tho
irn to the writ the 18th II August lSol, hs enlisted
- private soldier in the Governor Morgan Omitted States
Light Artillery, and In due form og Law mustard
che service Of the Omitted States such psvas soldier
further appears that ths 18th II September, 1851
application for hsbeas corpus made 70 Mr. Justice
B~nard, of the Supreme Court Il this district, upon
s.a msSs = ov IT, A1s ~ a s:os d.
- q magistrate Of competent jurisdiction %
srsns The writ Of habsss corpus and that he could nnd
and zone 70 the western part o The State q Nsv York
The petition In that case stated inst the party was de-
vsd o. ms T p aw sss..s a. county
NET further appears from the return that Mr. Justice
Barnard the 18th Of September 1861 inquired into the
Facts that the fact Of minority ascertaned, and OF
enlistment without consent lie decided that the party
was not entitled TO his discharge and remandcd him TO
% e are 70 m, hc~ %
granted. BY the statute @ K s., ed $685. sections
~, IS; 2 II. s., 563) application for the writ may
b. made the Supreme Court during its sitting; dur
ing ts vacation to any Of its Justices or any
0cer who be authorized ~ perform the duties of
Justice The Supreme Court Chambers being or re-
siding within the county where the prscncr il detained;
thee be no such officer within such county, IL no
Do absent or for any cause be incapable OF acting have
such authority residing in any adjoining county. There
must, in such case, be sufficient evidence given that
there is no officer in the county OF the de-
teation authorized TO grant the writ, that
Ae " absent has refused 10 grant IL, is
Incapable Of acting for specially set forth.
The affidavit produced Is liable the objection that IL
docs explicitly that there is officer in Tho
county other than the County Judge authorized TO grant
the writ; only that the deponcnt could find none 1t Is
subject Also to the difficulty that made the 18th
a. September and used the 10th Of that MONTH before
Justice Barnard. On the same day, the 10th, tho
present application made The County Judge
might have returned in the nterim-an ati
davit of a later date should have been pro
dsced. think these objections well taken. II liz next
insisted that the decision IL Mr. Justice Barnard
5idicdd upon the same facts In the case, and the
only mode OF correcting II, II wrong, is by ctiordr The
Of Mcrcein The People, in the Court Of Errors 25
Wendell, "a; p. 1867, is distinct authority the
very point, and has remained unchanged (See Packer
1917 THIS objection is fatal to the application Another
point has been raised to whether the party
brought within the act Of our own legislature TO make
HI enlistment valid, being eighteen years of age
without the consent OF parents Upon this question the
Get Of the Militia II r. s. 2S5) the 2lst section of article
l, t Ubd. 1861 and the act Of April Is, 1881 (Sess
Laws, 217), may be referred to, also the 10Th
son Of the act, chapter 30l Of 1885, need not pass
upsa this point
The application must be denied and the prisoner
nanded " the custody Of the officer making the