New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-11-23
LAW INTELLIGENCE.
UNITED STATES CIRCUIT COURT-Nov. u.-Befors
JupaE NRLs0N
BILL IN EQUITY PLEA AND DEMURRER.

BILL IN seunY- PLEA AND pExuRRRa.
btnof Jnhsn Caoiols ct o. John p FeIis and Cyrus
NELSON, c. This bill lie fled by the COM
plsinans who are French Aliens against the defendants.
claiming to 30 The 1t Of hin to tho deceasc The Is
large sous seventy thousand dollars aud which Is phpc
g.s H'e''d ''''' ''' upon property 1" 'A
The que,tion in the case rse' upon plea tho bin Of
plant who, in bar Of suit tie adj sdicaon
of the Surogstes Court In favor OF fsrc the l.fe-
dan' the person neIt Of Sin on con,es alton between hin
and compliments in the granting OF letters o adnins-
ion No hsye been e'sred to- am award Of
IN his State indeed In any OF our sister States adudsrs
Different opinions be entertained by eminent judges
England as to the coneusvenes: % the decision Of ne
Zee esiacsl Court question OF sdnanisitaiioc upon =
Court of equity , FOR distribution a. sy b. ,ern from
the Of Barr. Jackson secded b. Wee Oh Knight
and tho case appeal q Phillips Rep, p as2) Tue
opinion Of Lore Lyuahur the 'gpesl may per.P, be
regarded settr question in England IN avoI OF Tho
oil the adjudication Of tire EcJesia1ai Court
though that may be- doubted 1t 10, maeFa noseve to
20 into this IL aufry for admitting It TO be tie decision
oonld not be- allowed controlling the question presented
uudeI system Of administration We regard the question
tai 6sf,r. the samo.sr and simply y ia view to ascoein
the proper prs.crbed b. the Statute 10 be admit
This the sole purpose object Of the inquiry sni with
out reference TO- con'de Of tho question OF d.
,ers Of administration IL Of much les. iDponcr and al
eror IN the proceedings much less pjudicis IN IT, eon"
qneBcss. than the question involving the distribution OF the
to administer upon the though he may not DO the rg
latter The RIGHT Of property IN the assets concped Fence
the night e,,s' Of administration 10 not usoay severely
eluded by hi. adjudication Ia the mattel He revoke
tie appointment Tor imposition aud, displsce the adj
nini'isstor ior -rror, asld appoint another
The pes therefore Ia this must bo overuIed and tho
def,pdsbis have lesve to answer
Henry Psrser ct al sg'. the steamer Scotia.
APPEAL H. NEUTRALITY-SUSPICIOUS..
NELSON, &. J.-'ihe collision occurred, In this
between tho and tho schooner F.. H. Parker On
ID. morning Of III. g1h Sovember Its2 5f,w.en sad i
n no 10 q II A
mile south Of Fort Lafayette sad hat 90 the eas Of H.
The sind Wa. ssw snd the tide about shrse-qtSref.
voyage 10 New Haven by the Of the East River and
Long Island Sound The steamer proceeding down the
bay Ia of her usunl trips from the port Of er or 70
Liverpool Tie morning dark aud cloudy bu, without
fog or mis-. upon the waters.
whether net tho schooner AFTER having been by he
changed her by porn, her heur and bearing
to the sa'' thereby crossing the course OF track OF me
steamer. -
II is insisted BY the and hands board Of the
thea three miles Distant IL bore two ponts OF heF
srboari bow. ard that with view TO give her e. course
the east but that the schooner ilead Of pursuing her
our. ported hs and brought her the track OF
Iii. Idnt,sd BY the hand, on board The schooner. that
when they Discovered The shs Of steamer she appeared
the bay on the sde and anchor at Red Hook fat'
ported her helm snd bore TO tire east Bu. they n
have been .e h, IL, bsnd. board and hence
would have influenced the course q .h~ vessel Ih,
not satisfied, apcn the proofs. that sher position well
founded 6n ths CONTRARY inclined to think the
anef the ,cl consr va, ti,cov.red by the steamed
The committed ~" In changing the course on Toe
right 10 tsurue had been BY the steamer
The rule that the steamer must tale care and avoid
Is, .r mus, not eh.nsen II she does she fault and
not yoke II asainst H.. stesuer.
movng Ray with moderate 'peod and tn" bands on
board spp~sr 20 been active and tentv. avoid co.,
hon di.co'rns the schooner and bad discovered hef
soona prsctieshI- - the most ,isiant lookout .
Eyen Z. cha'n. had no, besa eh.Is.bls With AUX We
collision lad in day even in clear and
bs, night which the steamer could have seen the chang
have her duty have taken ali proper measures
ID, % .dy NY
hendsd. and Ices stringent rule must In applied .
cas- tie steamer was not IN i.ut N. dere.
IMPORTANT CAsE-shvES THIRTY TREASURY SorEs
ARE THEY RECEIVABLE FOR DUTItsI
Richard d. Perry Is'. Simeon Dr.pr, Collector, &c
This case, involving the question whether the
s~ven thirty Treasury notes .aed upder The Act Of JAY
1911 Of which there outstanding only about thirteen
million dollars ere recsivaSs for duties on imports was called
r. Culver Aasa.,q. r Smith and T. s;Sush'os
appeared for the psntin and Desheid Smith u .
D..ret Attorney. appeared for defendant
The District Attorney moved, poe p1ne NE case on ne
TRIAL Of the engagements u the associate
counsel for the Government Mr Eysrt.- ,-,
The motion ~ss s,renoou'y resisted Oh behalf Of tbe pan
tia and the Court Alter ordered that the case I've
set down for t Friday, and the argument Of the s~
points he had some day Of next week
The following brief synopsis Of the points on behalf Of
b~ parties 20 this important case
I. claimed behalf OF plaintiff that by section 10 o. the
" 1851 these sde receivable Tor dss
Imports the 18th day Of August So the sssoiste
banhs ad~ the Government OF $500 COO in gold
and received Treasury land proceeds OF the sAme
sold b. the Govennen to that AMOUNT that OH tbs l Of
October 1861 the banks made sno.her oan Of 900 90 70
the gold aud received snother $50 co~o IN
Tsry that the FALL u 1851 and prior 10 tn,
pension Of specie Payrnens the GDv.rnSnt n~ftaed
and .od other psIes. for gold additional sucun o.
about e25 0sc 90 making total oil about elr"Swo
10 Treasury notes for which the Government received
gold lie equivalent and which By the Aos Of July 1901
bound its~H to receive In payment ~ duties
subsequently, on February as 1852. sulthsr sew was p".od
dec sru that al duties imported soods shall be paid IN
payable demand hereofee authorized 70
b Issued 10 csned behalf 81 the Government
that this Act operses implied repeal Of the Act OF July
1881 the latter makes these zee rectivsos 10Y duti-s
The plaintiff on tho other hand clai0s-
Thai IN. Acts do amount TO such rrp-d-shat i'm
pli.d rpeal- will be favored especially when the eject VI
such would be to violate and repudiais solemn oo.
cation VI the Government
Ihat that Act he hed TO operate srepss "inpsirs
obs of con,rAes and H. to that extent anconssisa
,ional and void.