New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1867-11-20
LAW INTELLIGENCE.
THE CIVIL COURTS.
THE CIV I'd NUIKIo.
INST the Board of Health. Yesterday morn

Against the Board OF Health, Yesterday morn
ng Mr. susman schuster appeared before Judge Leon
ard the Supreme Court pettionns for an Injunction
restraining the Boards officers from enforcing the oTd
nance prohibiting the slaughering OF animals III any part
granted the Injunction saying that Mr. schnsters place
is well kept and clearly, and has proved tbat u'e
siaugIterng OF animals can p3 =" FT Tsl erd adGs
rrejudcia 20 the pubic health Judge Leolalu ua.s
That the Beard Of Health arc clearly exceeding any
authority conferred upon them by law wren me! ~
such in the common law. Further says Judge Leonard;
The business OF slaughtorng has at al lhes ereto
fore, been carried on IN the CITY OF neW-lolh, % ZIG
earliest period Of ITS history. III tie ordinances hpOlS
referred to are binding upon its citizens tleh tnat
ness, heretofore laWiuy eXeIelse. leS,i.,S" o!! H.
regulations conducive TO the public healtn must y"
terminated within the poprous portions OF INC ei Iy
The ordinances are not directed 10 lie Ics
oil customary occupation TO the mere cleansing OF
premises where the Strengthening Of animals carried or
nor 10 the temporary closing o. slch tces u tes ~
purified, which would DC lawful as police Iegulaton'
but the entire suppression OF the business The presef
walton OF the public health requires anu tle eM s ys
sanctioned ordinances for the regulation ana pufncauo
of premises occupied Tho power To adopt sncD oin-
inances formerly belonged 10 the COhiioh Couc " li
city, but II Is now conferred upon the metropolitan ieodls
Of Health. The power 10 suppress other occupaors IS
difficult than the suppression Of sanghLetins.
The importance ard extent or the power claimed 10 be
exercised by the defendants is Indicated by the foregoing
references. While the inspection aiu fegua,Oh o. pn,
suits in large city, which ale liable 10 bteOme Injurious
to the public health and safety, are wi.hn the ponce
powers lawfully delegated to ana exercised Joy Ici anu
municipal corporations Tie power 10 suppress son pu
Suits when they have been innemOraly exercised are
wholly beyond aud above the police powers ana eAt~""
into the domain Of leg,slative Junction. -.
Of process having been made, ana no eianas appoa
ing for the folloWiugnam property DEGREES were en-
NJ 23g East Fortieth-s; % bbls. distilled spirits, &c,
found az No. oil West Thirty htst; IL Dds do, IOuhu
on Pier No u North River 10 bbls do fonnd ~ NO ~
West-st; bbs do found at No. 2lS Pearst bDis do
found at No. 233 Mulberryst. &c.,. -.
interesting and somewhat Important Custolnli HOUSE
case was tried in United States District Court yester
day. entitled the United States agt fonr barrels or aico
alcohol the ground that it mad been entered at mo
CnstOmH0use under false invoice; Inc aconI, was
imported from Canada, ana entered irst AZ ~, AIDa'
afterward this port In both entries, and ~ te IN
voice, aecompa ylns hem Tue aeo'i taS atsc1sosG as
fInery. On the arrival OF the alcohol here
il was sent to ohice OF the APPRAISER. Wno,
upon examining them, discovered that u was
In fact alcohol, slightly favored with OF of lemon
The testimony for the Government was 10 ne eneSt llao
true extract OF lemon consists II mixture oi OF VI einO
and alcohol in the proportion OF about IN ounce anu
half Of the former 10 quart q Tie lasr Mie Ia 1S
LIQUOR there was only 90 about 81 gallons THO
claimants called no witnesses, but INSISTED lAt TIC Gov
eminent bound to show that the alcohol had been
examined al this port by two merchants before IL could
be- forfeited under section CT OF the Collection Act OF 1872
The Conrt held that this case came WITHIN ne povisons
OF the first section OF the Act OF March 3 lsJ aud that TX
the jury found that the alcohol was falsely described ia
the lnyoce and entries and that the party entering 10
condemned The jury found verdict IoF tue Govern
ment. 60 ~,
susan l.. Conom recovered verdict OF $500 agalnss
Daniel W. Terry for breach OF promise Of marriage mo
acquaintance was 70 seems, made by the bedside or
patient at Bellevue, who was particular liien1 OF tne
defendant. 1t IL admitted thar stlog ilenoshp was
was rely Of brotherly kind The jury did not agree
With him. Nm -,
The case OF Edwin Ferguson against Henry Nall ana
otherS was concluded Yesterday before Juscc Jones oL
the Superior Court The pliItfaId HE story was al
thar was before the COurt-Says that deienlaht VAL
re ed TO him that lands by him Ia West Viz
gina were 80 rich that stick stuck IN presented signs OK
OIL and gave him piece of rock which aef carrying
dav or 80 In his pocket he had throw away as the per-
TUNE OF OIL from 1t lie also invited MN 10
go ont there hut told him he would have 20 ride 200 miles,
and would be IN danger from guerras. Mr. Fer
guso considering HIS years and figure declined TIE pro-
! n0-nI IL "a
ncy there ard me- Ferguson wa3 induced 10 ADVANCE
5000 as MS sha toward securing the 0cagrn0is tracts
IL did not clearly appear that on the iit. OF any
false nresentaOns that he advanced Tie money ana
the Court therefore dismissed tie complaint.