The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-20
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s..,ortsnt Aesion involving Ihe Right Of
American Consnis, 10 Exercise .N,i s"s's-
Ascsson Within Their con-1inr limits.
Before Judges Barnard, fngraham and clerkc
t.asi. Da;p,se ne Richard H. Alien, aah-fhis was
care in which certain citizens OF New YORK SOFA goods
-. c,,;,an Of washington and shipped them on board
gyossel chartered for the purchaser Afterwards the
A.gsnt ~ tbe sellers, IN Alexandria Egypt finding
joo,v NJ The purchaser there, instituted proceedings
ipa, him ana induced the United States Consul there
Iso detan bis property, ey iorcs. fhe purchaser
SEE, nov Nv order 20 appear in Assaandrss, Egypt
before the Consul who threatens tcr sell the
fproperty for the oenent o. the Asfendants In the
event 81 his failure TO put in an appearance and notice
vas Also given 10 ard OF the proceeding testimony Will
ne in New York before ono Of the defendants.
sif il Is held that the cossnl has authority 10 bear
nye dc apartment the government If he be court
II an not judicial court; that II the consul have
sitlsens in Egypt IL does not follow that he has
power 70 compel their appearance by attachment II
and thai Tho case IS one Of an executive ocer enIied
exercise Jurisdiction limited by the necessities o.
samins 10 use process 81 attachment which coars Of
yuper jurisdiction only derive from the statutes and
between swo citizens here when the Witnesses reside
here and law 10 be applied the law OF the State OF
New,YoIk II is further hold snat consais 70 turkey
have no jurisdiction hear civil In order 70
eonfer such Jurisdiction upon them, the Sovereign Of
Turkey consent TO permit its exercise BY them. and
nped States neither Of which requisites exist Turkey
Ass not consented TO tho exercise Of civil Satisfaction
sass nf Between WnIS tie United States and tie ottoman
Porte; FIRST made on the It'll OF May, 1850; the
second on February 2 1872 and by the treaty 1880
sho Porte grants criminal Jurisdiction only American
bcDsaIs while the treaty OF 1862 nowhere, W express
senos grants TO the consus Of the United States civil
adlcuo
done in the exercise OF judicial powers by the
sonsa upon the SUIT OF the defendants VINO were plan
the plaintiff CLASSY Blake for the defendants Eaton,
ysier and Newell Ht @1aHt
Interesting Action Involving Powers Of the
Board Of Health in Removing the sheds and
Stalls Around Washington Market.
John r. Hoffman, et al, respondents, u Jackson s.
SAults 81 al, oppeldat& PLAINTIFF, commission
OF the sinking fund.- brought this action against
Metropolitan Board Of Health to restrain Thorn from
moving interfering with the stalls and sheds the
sidewalks and streets in the vicinity OF Washington
ket temporary injunction was granted pdrte. The
defendants moved 10 dissolve this Injunction and their
motion heard the complaint, answer and af1da-
dAvits The motion denied and the defendants have
appealed the decision urge the consttuonali,y
Of the law creating the Board Of Health and comforting
the exercised in this By section l4h
Of that law the Board invested with authority 70 de-
sermne and declare, as well az TO order and direct
The power and duty Of the Board TO make and enforce
s orders does depend tho fact that the thing s
PsAoA'S
opinion OF the Board and its taking what regards
sufficient proof Of the fact The defence further claims
legal powers in accordance with the statute BY taking
and fling proof which regarded as sufficient 70 author
No it's declaration that each OF the stalls is in condi
uon dangerous 10 the public health and obstruction
upon the streets and sidewalks liable to lead to deri
mental results and constitute public nuisance; also
that the Court has Jurisdiction the
Ron Of the order TO stop the injunction or IN
that the Second n se OF ne
of Health TO order the removal Of distractions in
abe streets without reference TO the question OF injury
70 health &C, and that the action has been
brought in the interest Of the mantaners OF the nuts
ances and as part Of general scheme TO hinder and
spbarass the Board nulfy the health law and seek
restoration OF the abuses OF the former administration
After hearing the argument the Court reserved n de
sieon lo rsa fst r httt ts8 ssglfsst .A q Il
For the Board Messrs Tracy and Bliss; for The re-
lspondents, Messrs Allen and Lawrence. FITS msss
rae Richmond County Police Fsrce-The SUI
pervis0rs Authorized to Raise Funds for the
Mnintcnance Of tho Force. Eli Aht
The People cr re-. John O. Bergen as Treasurer Of Ne
Sv1ofstan Police, and the Board Of Aeeopoas Police,
appellant, vs Ths Board Of Supervisors Of Richmond
'Cossy, respondens--This appeal from order
yefuslng mnndsmus An order granted to the rela-
Ter 70 show cause why mandamus should not issue 70
compel the Board Of Supervisors Of Richmond county
aatnre April 1885, in relation the organizing
and eQupping Of police iorce for Richmond county
for the Board of Police to immediately appoint police
force for Richmond county but did not provide funds
tax an
aot Of April IL necessitated by this On the 2st Of
Nay an estimate was made BY the Beard Of Police
Prior May 26 this estimate certified and delivered
70 the Board Of Supervisors OF Richmond county. On
she 9th Of June, the Board Of Police appointed and
assigned for duty in Richmond county the quota Of
= directed by the acl Of February %. The
Supervisors were in session the oath OF June, but
sock action this matter and the 26h OF June the
Police Board directed communication TO be made to the
Supervisory detailing the proceedings &c On the 9TH
~ August Clerk OF the Board OF Supervisors prom
Used nna action In the matter the meeting Of the SUI
rpervsos 70 be held the 18th OF August That meet
Ing held but the Board OF Supervisors would
in the matter aud neglected and refused borrow
money or any part Of It On an affidavit
setting for,h these iaes the presiding Justice &c
Richmond county 10 show cause why mandamus
n' % was 90 saem ~
they had not taken any measures 70 borrow the money,
denied that this was violation OF their duty and IN
sisted they were under no obligation TO borrow the
money aud asserted their belief that the money could
not be raised on seven per cent interest," that
and belief that is not their duty TO raise money
90 pay the separately set forth in tho estimate,
proportion OF general expenses and that the Board
Supervisors have expressed any desire TO have
Justice sutherland the application for man
damus was denied After hearing the argument,
o. the special term should be reversed and percmp.
Tory writ awarded commanding the Board OF
supervisors TO borrow the credit Of the county OF
Richisond the sum OF money estimated 10 pay the
ssarcuand compensation q the captains sergeants and
patromen, authorized TO be appointed for said county
ito wit. captain. twenty ivo and two serpeants)
by chapter eighty four OF the session laws OF 1896
gether with the costs Of station house or station
honscsSor their accommodation, with the expenses Of
ntnng ~, furnishing. warming lighting, repairing,
cleansing and safe keeping OF the same, being the
som Of g.. And also the cost Of such number
OF horses and their and keeping shali
DC authorized and approved, u any, by tho Board OF
Supcrusor Of said county Of Richmond 10 bo used
horse patrol for the year and until the moneys
shall DO realized under the regular Of
the Board q Metropolitan Police for tie next year
according 20 the estimate o. such cost furnished by the
board Of Police, being tor each and It's keeping
s. and TO issue and deliver security for the pay
ment thereof the bond or bonds of said county
form, OF such denominations for such and bearing
OF interest not exceeding por cent per
snnum) as the aid Board OF Supervisors shall approve
A. vandcrpoe for the REALTORS appellants Tomk ms
wesfervelt Tor the respondents
The Examination of Law students Class of