New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-08-14
LAW INTELLIGENCE.
COURT OF COMMON PLEAs-Aug 10 Before Judge
DAILY
IN PEncY CoNTEMPT Use.
In re John Percy.

In re John Percy.
This morning Judge DAILY rendered n decision in
tho Percy Contempt in which he decided that his only
power under tie statute TO inquire into the fact Of the
contempt and the Jurisdiction Of the officer committing h
and these appearing on tho return renandod him and dis
NJ Percy who seemed rather snbdued announced his nten
on not to let the matter drop here and departed IN charge
The following is the opinion with tie decision Of the Court
In the matter Of John Percy upon habea, eoPs,It Is
Of kG5eas eopH that the party uin oat The writ custody
r any contempt specially and plainly charged n the commit
nit for contempt so charged that the officer granting the
writ shah immediately remand we party; lev ost 90,
49, And il is further provided that no Court OF oeeI sna
have power inquire into the justice or propesy OF any com
piment contempt made by Court officer or body ac
cordng to law and charged in such commitment id sec -
The shows that Percy detained in tho thridges
~ cC9y o. mnosSg ne Of 500 for behavior on
tie part OF Percy in Immediate view and presence
and impair the respect due TO iis authority The order.
in compliance with the statute. Revised statnte, &c sec
aud directs that Percy stands committed until the me II PAID
for period not exceeding thirty days and as al TINS appears
remand him. Ny enquiry is limited by satse TO two
points Is the contempt specially and plainly charged 10 TIE
commitment Had the officer authority TO commit for the
c0np 80, f,tI in the order of Commitment and they
amount 20 criminal contempt the oense ii defined by the
Revised Statute Revised Statute page &c section ~ ana
respect the second justice Of the Supreme Court has
authofity 10 commit for such contempt.
Percy IL ed under an order OF the Court and that the statute
therefor is napphcabe Courts Of Record however might
always commit Tor contempt by erder decided in
HE case of The People agi Neyns H $50 that this power
distinctly recognized by the provision therein enacted
make an order that party be committed for contempi-com
mited presence Of the Courthe order for all the
People agi Neyns subpena a. Lord Hardwck said In
pare White Church Atk that when an order Of eonI
made the party stands committed for contempt II aP
parent process that the party present In court when
The order is pronounced. he IS Instantly poger and the
same eject Mayhem sgi. Locke Marsh per Gibbs C.
j. and Throgmorton Ggt Al en- Roles Adm ( D. 80; ID
He statute declares The punishment for acrnnA con
tempt this description may be by fine or by Imprisonment IN
the jail of the county where the Court IA sitting or both IN
the discretion o. the Court and II Is therefore objected thai
the order does not state BY whom Is TO be carried INTO eec
declare where Percy TO be inn rsoned IL was decided
Russell agt Hubbard Barb OJf that warrant OF com
ntmen' by cs Of TIE peace aR1a Soa,s n S pc
class q officer or person authorized 10 execute H. and that
~ IL may doubted order made by the
Court this should NOT have directed the sheriff TO
the etor and cunfne him in the jail ~ the county for 90
day until be paid tie tine but the point one that u is
for me 10 upon for cOncedng that the
avail the rator up writ habeas CORPUS. r the statute
declares ker stat 5s - g. that u appear upon the
Coat q oesr before WON he Is brought shsi remand him
IL the onense balahl the onsody Of The officer
?, sT sS ss %as The % sTs e s % %
practice being u the commitment defective 70 hnsiy
commit him for ofsr-e The King art krk Eas; r.
y l .t9 fSI eeonrsa b. odSa.c atef sa
a. g secs 10 M and being adjudication and conviction
Tor criminal contempt Il Is not ba!able Peeraderf on Bal
He remandcd 60 the custody OF the Sherin and
seek h remedy by appeal for any defect In tie order Of com
S S,.TsF, Il n x sea ss5 II. @ Case I
The last objection made that does not appear that any
were pfopouded This Is also matter that
eaunot be Inquired IL to eovf Where the order
Is one which the have authoftS TO MAKE al lasdie
tonn steps and Of regularity are 20 be presumed
contrary docrne SAYS COwan j. an People sgt hcvn sub
poeua would turn Aabds e0Es INTO w % error 70 revise
Ct court IL may Do remarked however tha
he propoundng no, necessary where
The contempt IL committed 10 70 view end presence OF the
The court udca notice OF the ao and TIE con
vicon and punishment Is Summary. ker STAT &c ID IL
pitt aRt Davidson, "a Barb. III
Percy must therefore be Iemanded.