New-York daily tribune., 1861-08-24
LAW INTELLIGENCE.

coURE gF co@MoN TIss.AUa Tsro. a.
,yrrPysTIyG oPiSloss AS TO LfEH OF BoAhDne
HOUSE KEEPERS on BAGGAGE OF soAspsks; d
In the case Of Stewart sgt Mct.rsoy, D'l!, n '',
for The Court delivered the following oia ION;
A bol rd;, g.hou.e keeper, as contrsdi tlngIlshee
from the keeer Of an inn, sboud, In the se'se oil tns
sta,ute be rewarded who furnirb.s accomroas.
iion for definite period, as ~ .he "rss OF s -
tinguisl ed ON boardrr ls board Tor no pvis7a
time He stops at the inn for short or a. long rIss
"a bs plea,es paving while be reuiairs, me cus:S
mary cbarge. Willie he occupies TIE posi ioa o. :
suest the ilrk keeper hss lien upon bis effects ane
nav det.in them until bs l. paid for mo eeco:orocsr
ton which has been furi.hed, but II he snd 'he iae
keeper enter into a special akreemsnt for any hssS
period At a stpulaied piice he eea-es 10 o. SneS
and becomes boarder. The inn.keeper relies afe1
the special agreement, aud hes 10 longer non rios
the effects. In modern times, snd especishy
10 ciies,. the practice has Deco, ver! 80
or by the month, st lived nate, or rs ths
parties may sQee and the persons who furnish acoon
inodation IN this way distinguished ~ keepers a
boarding houses. Before the pEssage OF this ss'1~
I'll. class now very numerous one, sd no Hen upoa
the effects Of the persons whom they supplied eoess
tsument and il was evidently the Intent Of tbs esr
ute to give then toe same lion winch ~ innkeeper hS
ups the effects OF guest The words 70 the sons
exteut and In tho ssme inukeeYeIa hats
such lien ard such night Of detention, wee inteaes
rather to indirie The general azure and chaFaees o.
case, in with DO ,rjing. b;ose keeper might havs
len. Ii we did not 30 construs the s'o'nte th-n "
woud have no meaning at all, and In interfering
a stuts We mu.t sssame that the Legsltufe iacLdo&
sorr ethirg by the passage OF The act.
Judge Hilton dssented.
Judge Brady delivered tho following cOneurert
opinion; -, =, a..
keeper Of boarding house lien to the exspt o. TOE
board due provides that such kee 81 Sssi hays
tie right to detsin the baggage OF "sny eoarer ana
discards all distinction beweea triI.ted aoo pers~
pept Qussts, and further confirms tsls pflFlitse W
giving ,nch lien for ts eiuOunt " which may DO auS
ior bear,i by such boarder without refeeeee 20 ,nr
uianper in wlirh, or tue time Tor Thie9 zoe pos't
came due. This right IL bot ouhiihs1 py e ceeisis-
ton which foIlows that the lien l. 70 the shtiS -
tent aud 10 tbs same manner Us inn-kee efs nGFs
such i'm and sucn igbt Of oete1tioe' Ioo%.
words apply TO tie character OF the hen, auG y
which the keeper has Tor the due, yiz t,e ,cst
lien "a an inns se,er when ho has any bon At ar ins
statute was drawn doubtless, with reference 70 -
rule applicable IN inpkrepers IL these cssesi bus ~
l4wmsker wa either mitaken about the rnle, or -
been unfortunate enough to preson. 80 act wien b %
scure and which requires soUe rejection 10 unoss,
stand. think, however, that il becomes cieaT, -
ma ter Of construction and Tia, tie hen gss
10 bosrdng-houss keepers Is without reference W te
character OF the guests and that makes no oLefsH"s
whether they are tran,ien. or not.
Tie Judgment should be reversed.
SUPREME coURT--csASssss-ACs.f fs-ssfass Sss;sss
suTaFmLASs.
DAcisIONs.
John p Mead agt. John l.. Salisbury, @c.--Aas~~
amer made. -
James Lynch, receiver, sgt. B,tbszer LaSs.-of>
Thomas Galway sgt. United States Steam Sugar E.-
fuing Co. &c.-PrUces sdings TIE IsIt ot al cre1,t.
orr stayed until decree in ttis Cause
Daui.l Burns agt. The Provincial Ileurancs co..
Mott n granted, with 81 coe's
Mary ID. Balere sg'. Nm. a: BsiIsre, @c.-Ms-
a MI fall-A
to servo M amended answer m i've Gays, on paymcft
In tie matter Of Luise Oatins for eertiorsri.Ccr-
tioran denied.
In the ais.ter of George a. Ritzer.--Samo deciAss
Ams.a L. Foster agt. Jonas stolis, S1c.-order fos
jndsmenL
Ihe Farmers Loan and Trust Company agt. scykA
NJ. Sehindles &c.-JudumenJ ordered.
La the matter Of the Merchants Fire Insurance COM
navy II n. Y-Sale confirmed except TO the jadgs
ment ast. Edw. Do GIoot, AZ 10 which resale - o..
dered.
Jsns #. Thorn .. al. agt Thos. Chsnbera.--a
granted.
Tho. OUaie who had calls ed in tbe ID Regineat
Fire Zolaves wss brought up Lhls incrnlug on wa
OF hahe4s corpus, and hs discharge sprd Tor on toe
gronpd that he was minor, end had eOii,isd wieoos
the consent Of his parents There wa. no Que present
10 opuose the application and the order Tor discharge
was granted.
THE ALLEGED cHILp-suRDE9 on BREsEs sgfr.
Ttis was n writ of habeas corpne on behalf OF Casr
per He's and wife, charged With tho murder OF their
child ON board Bremen siip. on u voyage fron
Bremen to this port and confined BY tho United Ssaiss
Marshal III the Tomb-. The pet ton which the
habess corpus issusd alleged that the Keeper Of
the City P.son detained He's aud bis wife without
proper authority. The writ retsraaole THE
Meantime, the Bremen Consul commenced prcceedings
against the accused. under toe Es!adlti.n Treaty.
before U. s. Commissioner Osborn. Ttis y M, on
,bs matter coming up, tls Keeper of the City PSoa
made return 10 the writ that the rscnssd detained
by direction Of the U. s. Marshal. BY cOsseGt tbe
learng OF the matter deferred until Monday, and,
meantime, the proceedings before the y. g Conois-
tioner will have been conciudsd and the City Prson
Keeper may put in an amended return.