New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-12-18
NETWORK DAILY TRIBUNE WEDNESDAY, DECEMBER 49, 1861

complaint had been msde TO the Fxciss Commissioner
before the Of these actions that the defer
dsnts had violated the said statute and that the
era rad not authorized the commencement thereof
These facts proved information aud belief only bu
not denied the part Of the plaintiffs By the attorney
who bring the actions
The proof Was sufficient ell the attorneys Who inst
uted thc scins ~ denial explanations and as the
have no: thought proper 10 do IL must be assumed tina
can be made and that the statements OF the afdas ar
, true.
BY section % Of the act referred TO- It directed that tb
penalties which these actions prosecuted shah be sue
FOR and recovered In the name OF the Board Of Commissioner
, Of EHciss.
BY section 30 Is further provided that If the Commits ion
es shall neglect to prosecute for penalty provided BY tn
act for the period Of ten days after complaint TO them TIA
provision Of the act has been violated accompanied will
thereto. in the name Of he Commissioner.
IL quite plain that the Legislature have here imposed
condition with which private persons must comply befcr
they suthoz TO prosecute for the recovery Of any
plaintiffs.
TIE condition "a imposed only for the safety Of the
Commissioner, and the pubhc but also to prevent citizens
from being veNed By inormsrs end spectators without
The Commissioner. do not prosecute these actions: they
are brought by one else using their name.
Such party should have proved this motion that the
Commissioners had neglected to tske action themeves fo
ten day. after COMPLAIN! made to ne against these defend
produced before them reasonable proof Of the truth Of the
cou,psiDt.
the prosecution oihese actions do bring within
the provision which sathorizes them to do So
The question properly raised motion nasmuch az these
fleets would not be such called issuable Clearly II Is
not necessary to sege them in the complaint and think
answer The would be III The objection ia
erpoed that the party who by the ace of the compliant
brought the action DID not IN fact bring IT, Such answer
would involve only the question whehr tho attorneys for the
plaintiff. guilty of misconduct and not questions
Such questions disposed of by motion and by trial
iuo. clear thai hi. was the ground upon hch the case
Of Pomeroy and others Excise Commissioners OF COurtsnd
bsye no hrso 10 o consnnc Mn the Se Of ~ pC.
ior reason here mentioned The report l. Of trial at The
Circuit where opinion written by the Judge but the
reporter has undertaken to state what there decided
wheth'r rnmoL OF uewspaPef statement cannot say
~ decision there founded any other reason than
that here mentioned. am unable to concur in IL.
The IN DEMO R. 26G hayor ct al Oyerseers Of the
Poor Of the Town Of Oscgo Lews is not in point here
The Court say in that page 2l3 "ishould he Known
who Il that proecutes the suit to the end that he may be
who there prosecuted ia the Of the OyerseeI was
gned by law to give them security against costs in case OF
That was question which the alone had any
interest The defendant there could ook 70 the oyersees or
the II he succeeded in his deense and concern
bond or not.
Under this statute the Legislature have required the party
who turns uorer snd claims to make use oil the Lane. oil
the Comnsoner' Of Excise as plaintiffs 10 produce rea,ona
bic pooftbat the accused party has been guilty The rovs
ion here IL different ia character from the one referred to In
! Dsno.
The motion. granted with BIO costs OfmotiOn to be in
James NJ Smith for the defendants; sickes Cushing for
the Plaintiffs.
SUPERIOR CoURT-srRcI,L TRRs-Dec. T.-BefOre jus
!
DECISION.
Conrad Fox agt s. Richard Smitb.-Motion to dis
charge attachment granted, with $40 costs
COURT OF COMMON PLEAs-sPEcnL TARN-DEc IT,
! Before Judge Huron.
DECISIONS.
Jasensy sgt. Russell.-Judgment for plaintiff on
demurrer with leave to defendant to answer in 20 days
Aver as. Merry -Deeniant ordered pay over to plain.
M the he had hand the time Of the service OF tie
order for this examination.
Lieuan - Bst Naturalization 10 strike out answer as
sham granted, with $40 costs
| COURT or GENERAL sEssIONs-DYc l7-Befors
Thomas Farrell pleaded guilty Of forgery, in the
fourth degree and sentenced 20 the House Of Refuge.
T. Bonsv,nrra and Peter Bonsventus asa and battery
we. acquitted John H. Baxter Tor assault and bateryhis
Before Recorder HoygyAv.
! james kil'ery was indicted for the murder Of his
wife gargaet Kry the s October last snd pleaded
guilty TIE roleris defended by Messs. Busted and
Emmett aud the seems to attract considerable nodee
sURROGATE's COURT-DEc. l7-Before Surrogate WEsT.
Wills ADMITTED TO PROBATE.
The wills Of the following persons, deceased have
been admitted 20 probate: Duncan J. Campbell. j. a.
ORy ard ~ h,el Oibney. Meme Of the wills contained
provisions Of public interest
COURT CALENDAR-THs DAY.
! L. s. DISTRICT CoURr.-,JuTy causes)-Nos. /,
TO- H. c. r. H. Il. (Admiralty ceuss.-Nos. 49, IS,
/ 81, 20, 81. 81, 81. ~. co, 81.
! SUPREME CouRT-CRcuIT.-Part II.-Nos. 636,
1884 1910 1906 is 1893 49, e2 1854 1900 1868 1870 l512
/ 1874, 1913 1882 1884,, 1896. 1888, 1890.
| SUPREME COURT-SPECIAL TERM.-Nos. ~, 70,
29 $50 s9 600 COL 90 500 a. 32s 22 tlol 5li $50 579
SUPERIOR COURT. - Part L. Nos 26l5, 2l71,
l5l3 1893 1885 57 2l' 2e35 269' 2s3 269 2Gil 254l
2ci7, 25a Part lINol Ga 1926, AZ 2223. 2J4O loco 24
/ l622. 2jlS. S22i 2j2o, 1892. 1880
]