The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-07-10
SUPREME CHAMBERS.

James Williams and Nathaniel w. Burtis, both Of this
city.
SUPREME eou7r-cAaMssas
Rights of Wharf Owners-CannI Bcn,s not ia
Have Exclusive Possession az Private Piers
The iIarhor Masters ana Abe Captain Of the
Port Enioined.
Hf Before Judge Iurraham.
Cvre'i,s " s. Ros.ret and cfhers Charles W. God
ard Crp Of tte Fbr and others the last session
OF the Legislature act passed under the title Of
"An Act regulate the Use Of Certain wharves Piers
and Slips in the East RIVER which rave to the pro-
prieto of canal boats and canal boat lines the exclusive
Of s the piers and whsves between pier and pier
II tho East river; this made the duty Of Tn
Captain of the Port to remove all vessels excsp canal
boats from those piers and permit none bnt canal boats
20 lie there The plaintiff and twentvone other owners
of tho riers and TO- feeling agyrcved At the act ap
Piled bv g. r Noves and J. Dslv their counsel, TO
the suprrms Court for an injunction preventing tho
Captain Of the Port from carrying his act into effect
The following Injunction granted on June 8, by
Judge George @. Barnard:-
that SUFFICIENT cause for njIncton esi.s nov on motion g.
Noes and tai, psinas attorneys, IA y
.ss Master. q Nav York and al per-
s Isa'l as
the he
piers. either Of them for the and accommoda
ton Of canal boat rye or lighter and from suffering
barge lighter 2 occupy any prt o. such waters o.
texccp, canal boat barge lighter sad pier
order accommodate canal boa, barge lighter and
lying @ piers and h om IN ps as any ssrs or or
wharv.s and generally from any authority
the third and fourth sections Of the hrs above men
GEGRGE q. BARNARD.
NEW YoaK, June T. 1857
Tho Captain OF the Port behalf OF tho canal boat
proprietors then made motion before Judge d. p. In
cal ooita intn eftnQ md
ton was fully argued on June "a at Special Term, by
G. F. Moves and J. r DAILY for the wharf owners, and
Mr. johnson for the canal propretors. The following
the points 10 BRIEF
FiysThe plaintiffs are in fee OF piers and
10 They are entitled 70 all the wh1rfa s % such PIERS
annIm net from the Wharfage OF ord nary vessels y
.ge from them beng lower han that from any other kind
Il wssa Be :s
Aa sfS sf SIS to
total o. Of so @ ana c p %e K. plaintiff
complain for in giving ,ch pliers OYER
take private properly for public against the frat article
popsr e the plaintiff in :As.s wn.5,ss i
Wy grst' Fsp' or l.as' properly e0p's
Fafhess acts authorize taking .. such property 70.
The Captain Of Port 70 take keep set apart aud reserve
Tsts-No compensation % the for thu. taking
their property provided the act IL therefore ancopshtu-
Sis-rhs taking whaives,a unlawful another
.ars has no power 20 shas up these public wharves
hs and vs h' uon ssr
impair hs contract made y state WIN their sr.1..s
the wharf s.c: a., o that The hs receive wharf
ct: are hey are more thsn the
ps
1Sa'hsi saa tn. win DO
rreparaby iniursd 4 retained no ono v affected The
g. T. Soyss and J. r. DAILY, plainuns counsel.
After full argument the court reserved Its decision
and yesterday rendered In favor Of the wharf
This decision settles question which has been vexed
sns Ss the he so
.e . IL a.
: ssP.: sss :SSs'
ps sSa r :s 81 sss
Sa .s:,s he ess q
private u :@. very doubtful Whether such an
30 81 aar The vS not ss s' 'G the
The e ,ss free s
ss BEEN granted By one my sre,Srsn
feel a. liberty vacae Z. No injury can come from the
well as oSsrs. and fuzzy heard The
S' nas rs% Motion dissolve Injunction d'n''d''''
The Oily mpic Theatre Iatien tion-yIotion for \
Receiver.
Before Judge Leonard.
.yes NJ Borles Receiver, de-, John A. Duff 4 al
motion on the part Of the plaintiff in this case came
M yesterday for the appointment OF receiver for the
collection OF rents derived from the theatre amounting
to $780, 900 annually. during the pcudency OF the
accounting before the referee which, II will be renom
bered ordered by the Court several months snce,
when Mr. Duff declared mort yagee In possession.
and the accounting Ordered 10 determine the amount OF
his lem " Is claimed on this motion that Dun
has already been paid all that he " entitled
IN mt az n ants wed The dGendants