The New York herald., 1867-04-09
THE COURTS.
cuuar OF APPEALS.
TIE Power sf City JsdEe e fssus the Writ
Of Habcas CoEnua.


TIE Power q q City Jsdge q fssus the Writ
Of Habcas CeEDus.
Before Judge Davies ard Full Bench
Lssisa SasA, appellant rhs People Of ne Stale Of
NsO York--i.ouisa Nash was arrested and committsd
by Police Justice Of the city Of New York chyrgs
Of larceny. yne City Judge OF the city OF New York
allowed Wit Of habeas corpus, upon which shewas dis
charged. oa the grcand that the commitment as desc
hve o1 It's face The General Term OF tus Supreme
Court in the Fst district last week revsrsed this de-
ciacn on certiorar the ground that the City Judge
Of the city Of New York is not authorized 70
tissue the writ Of habeas corpus From the
Judgment entered this decision the present appeal
10 taken Subsequent 70 the rendition judgm
by General Term Of First Judicial district on an ap.
grant the habsas corpus the General Term IN the
q Ryan, Of The same district composed OF Justices Bar
nard. lngraham and uthsrand decided the Of
IL prcvi0us decision. t@ a1
Appeisnt represented BY Ebridge T. Gerry. claims
that BY the act creating the ONCE OF City Judge ai ju
dcsa powers vested by law in the Recorder Of the city
- New York conferred such City Judge, and
ssch City Judge shah, concurrenty with sad Recorder
perform discharge ali judicial duties imposed such
Recorder" and the Recorder by statute vested with
The powers OF supreme Court Commissioner 1t ID
the Recorer's only wheL holding court; also that by
statute she Supreme Court Commissioners were 'sever
ally authorized and required TO perform oil the duties
jsssics OF the. supreme Court may perform and
pgacsce OF such and pursuant he provisions Of
any statute in ali ciy cases except in cerlan specified
tnaf if III Judgment sustained Recorder or city
Judge has power TO take bail bench warrant
sign bill Of exceptions, because these ara ministerial
Respondent claimed tnat the Recorder in ls47 lost his
power to issue TIE writ OF habeas corpus and that when
the City Judge Mas crcaed his 1850
could not assume the power which the Recorder had al
ready ost; also that when The constitution took away
the wer oi Supreme Court Commissioner from judi
Gal Officer that the end 70 all the powers which
had and exec sed such Supreme Court Commissioner
untoss continued TO him by express statute
Argasd and submitted.
Cases Argxed and Submitted.
&Bred Ety. Re pondsm, us Luther Norton, appel
Sa&-This is an appeal by the defendant from judg-
seat Of the supreme Court In the seventh district in
tAver OF the planG rhe action brought to recover
several sums Of money claimed to be due from de-
fsndant to the painun and was tried before Addison
Gardner referee and he reported in favor Of the
plain'r for single item OF the plaintiffs claim,
amounting 70 81, 2os "a
rae Fss Depsrt~snt Of TIE CITY ef Try Respondent
o. Jared q. Bacoss, Apps,ank The question in THIS
60 turns entirey upon The construction OF act of
1851, amending an act Of ls49. with reference
corporations Unauthorized by the laws Of State
Tho question Is important and Affects the
tno Frc Department funds in every Incorporated city
and vi,ag sinsae outside Of New Yock Ihe at
u i649 Pursuant 10 whcn the present suit brought,
ssvss sasass ON the se so
Rgaed " create hre department. fund every ncor
psascd village and city er the public charities for which
taCse funds creaeahat Is, Tho rclief Of indgent
.soya,ug ,bat the aaep OF ,ns,rs shond
Sur.ishr ond 10 lne slre danar or tne ,arnns
srss-. .,,a v,lIaoes !. -h;cr ,ha ,ssra nrs,sa 80.
,6tssued 10 render snnu.,Iv 10 shs nra dssr.msuss
- snose cities ard VILLAGES An ,cconsf o1 the
ne>.ums veceyed shv tham IN the wear apt,rs an hs
~. a. nccember useceding ana n make navmans ~
SvD usr q nj on ali she premiurss 40 recevr Prsant
a ri. sa,ute NJ lao tie pac in mn.
ssrssned hond 20 sha Sire ar tho CIV 81
Tr~v. He xas snsaent for ia IiCernoea ana Landon
.fa and teouh
fDehed n IasT h rnu a~,.i 4, rsusar HE sccrrt
- make hs psynasaIs prsniums regularly until
,1too when he failed render his account aid upon
49, M Isufes ess pse,eu. scaon y 0sSenS Inc only
ses X - .a. es.e sAsae VI ies5 Is iendereu ~
~ ss,e p.esont ns.snse oy srane OF an amena.
eas nAac = Soot suu sno qaesson = Simply upon the
ss " nc Ssesons o@ses VI ~nesne. ING scs u 100
oa'.sy =. -. ~ sli's 10y eaoav
- D.' arp, Hrp1, - rho ~age,s nsa.sr ~ ~ sss.
~. ..rra hSr nn~nsr "a y. a,,sry.a ,n,sroas