New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1863-11-13
SAW HNTELLEGENCE.
UNITED STATES CIRCUIT COURT-Eov R-1sr,,
Judge NELSON -
DUTIES 0S SUGAR." TARs AND DRAFT"

Judge ErLsos. r. - '' |"
DUTIES Ss SUGAR" TARs AND DRAFT"
james ksp,r ct OF. AIT Hiram Bornsy
NELSON, G.. J.--'ihis suit IL brought 10 recova,
back AZ alleged duties essc'ed bass Of
s.n s The Ss. essecd wsss ~. o D. ", ads
werl under the Act 81 March 2, 1861 There Il no d,,s
"a 10 Che ,e q aay Or ha Il 70 be eSs'sed Socon y
tons 70 be lde 10 the merh sn whon q duties to
clos + be asceraiDed b. weight The 9Th soccn Of d.
Ac q March 3 1889 PROVIDE that tie following sovrne
shah be- made 3r ie drss and tare of articles su1 10 dn,
by ~gni nr dat on any quantity Of 100 eight 3
pounds one round; on ay quantity above 100 and ss
coedng POO wci.ht two pourd aud u "a. cl.u.s
vlchl on eny quaniiiy above Loco rnd erceedir:
weight nine pouads' mi. bitter ao sce is he ms,ims
t,r tsTe on every whole cht Of Bobss tes sey-tay
the daeren, kinds Of tea with tie quantity be allowed s
sugar other than loaf sugar ossEs twelve ",
cent" This 53ih sccton Is tsfr subsanisly tom The ~
SECTION Of the act Of Hh August 1880.
ITO low ed In this but the dra refused
Draft and tse in commercial and usage, hsyc se,
and drt not incoming and application The former =
allowance merchant hen the duty Is ascersed 5,
weight in the present instance to insure good weight 4
hiu-as defined IA Of the books "a small allowances Il
goods made b, the King to the importer" IL l. =
CON for snylo.. that nay from The handn. :
the icse, the webbing that when weighed secs1
time the article would hold out good weight.
Te alter ero allow ID FOR outside covering Of ~
tclo imported whether box barrel bags bales nsia, h.
tie ,ra was roassd We canno, perceive any di,incon b.
tho two, the right TO the allowance Of re stand
nish. a. wei have be. denied ~ ether Ills mistake Z
rro. hat The allowance for the covers that Of IL
rt Tor AZ il ee II Il int. nded different lo.s NJ
aeAnt 10 he wshns 4 tie iclr while. aeotef rrlsss
10 tho ICES from the rough outside covering OF 1t.
S, l. L.,r ing In the Ises.ion made o. ire ia,
81 ir,tv IN he seisins Of small andIsTre paaisses i
they small numbers, 20 the amount o. h,n ostweoty
depending tie bulk Ok ale IRE weighed t97r'nci;
hs sixteenth section Of tho act u lih JOY 20 modified
the aoW aee Of the under the 53h section Of the at
1852 aud repealed Altogether IS tag a. u related 70 the da
mont and hold tas plaintiffs arc entitled
judgment for tho plaintiff. for si5s 90
IHPoRTAST 10 cOSsIGHEEs-STo3AGE
David Ogden sg'. Hiram berney
NILSSON {. J.-This Is brought TO recover bach
a'aey p,d Tor half storage wehad occasion heretofore
III, CO. rvin al sgt schell LOOK into the question
tho conclusion that the ehas WAS wholly
vi hout any legal foundion and abitsory; bat We deue
the rsh ofh. plain the GROUND that rnd
tho Of tho cs.e tie ~; meat as voanisry a1
reos- n, tbs subject Of action. H. thai me ps
I. nd entered their good. war-houns, In the
way sud by the authority Of the law cstnSns oss
OF the authorized house. to receive them. They nee
vuri and before the Of the goods changed their mud
nd sppi.d the Collector 10 Withdraw the warehouse eny
AL 70 se permit to land them for consumption Under
the reeulsiion OF tho Customs. this could he done
81 payment ~ bali storage W. s,'d ia that case tId NJ
charge Wa. made Tor favor granted The merchant IL
b rg hin TO and the goods Tor consuIpor ater be ~
Tor varshousng that, s'r being ths enefe
III. Collector nizh, dsub,l-ss have comreed him prslr
ia. goods n a.. Usual way, through the wsrcAoue, whh
would hsye increased considerably th- exren-e Yves -
n.tt.d In tbs, case that there Was Law authorizing "
eh.rs. II hall sofar. and at Collector might have Aiot
other ru. Of compensation INT nsfh o. eaasae
the ~ h. nigh, hss. charged $50 Win 60 suhsiy
Bu, the r.rchAn. preferred paying the sum aged 10 10
a.sv ard .rp~a.c OF following b goods ID rough he
which be might have d0Hs, and hencs tue payment -
In The pr..en. case the claim II the Collector gees M bysa1
the former No warehouse entry wa made oy me PAN
tie AZ all The Eoia foundation If tho claim u nca- 10
l. there sppesrs on the entry an The bhi"fins OF ~
p.antil 'es'. a. wAehouse But W. know Of 10 sw ~
has b.n referred which anthor res thu Collector
convr, the vessel N which the goods awe into waaoas~
by This coatvsnee lay Foundation Tor cLAfs-' aem
tho w,rrhosns system established BY LAM In ihA sr'1
he rcha, could not hve removed bis goods whe-ess
land. could the ,oec'o. hh'e conpe 10 I'm 70 n."