The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-10-12

lay case involving the rights Of landlord
md tenant was tried before Justice Plant.
I appears that Messrs. Harvey & Holden,
proprietors Of Harvey's Oyster Saloon,
brought suit to obtain possession Of the bar,
now held under lease and conducted by
Mr.. Moses M. Force. The justice yester-
day gave decision as follows,
In the above recited case, tried before me
on the 9thiust., for possession Of a certain
portion Of the tenement and premises, No.
267 Pennsylvania avenue, the attorneys for
defendant objects to the months notice as
served, that the said notice did not comply
with the act Of Congress, approved July 4,
1854, and that the notice only gave twenty
nine days when II should have given thirty
days notice. As It was proved before by
the testimony Of 7. NJ. Harvey, and also
by Charles 8. Wallach, esq, that there was
written lease for these premises drawn by
the said Charles 8. Wallach, ESQ.,, and signed
In his presence by Harvey, and according to
Harvoy's testimony, drawn at the request OF
Mr.. Force but not signed by Mr.. Force, and
according to the covenants OF that lease, ten
days notice was to be given said Force In
case he, the said Force, failed to pay his
rent promptly as agreed.
And further, George Harvey, one Of the
plaintiffs to this suit, says, on oath, that the
existing terms, at the time Harvey & Hol-
den bought out T. NJ. Harvey, were agreed
between them and Force, as the terms Of
letting to him under them. And as 1t Is
proved that NJ. NJ. Force Is largely In arrears
for rent, ten days notice would have been
sufficient, according to the agreement Of the
parties themselves. Furthermore, the thirty
days notice objected to was served August
81, 1S69-the seven days summons was
served October 1, 1S69-thereby giving to
NJ. NJ. Force the full and clear thirty days
notice, as provided by the act Of July 4, 1854.
Mr.. Wallach objected also to the wording
Of the notice, that 1t did not define the prem
ises. This notice was delivered TO NJ. NJ.
Force, or his agent, on the premises, and IL
Is the only building known as 267, and II Is
also the only place rented by Force Of Harvey
& Holden, and I therefore decide the notice
good and sufficient. In the second section
OF the act of July 4, 1864, 1t states, cor
when possession is held without right, after
the estate is determined by the terms of the
lease, by It's own limitation, or by notice to
quit or otherwise." and It 10 my opinion the
estate Of the defendant was determined,
first, by his violation Of his agreement or
oral lease; second, by a proper notice to
quit; and again, by his refusal to pay rent
for several months. And do therefore give
Judgment for the plaintiffs for the possession
Of the liquor bar and ale vaults In No. 2G7
Pennsylvania avenue, with the costs Of suit
on defendant.
RIVER NEws.-The following are the ar
rivals at and departures from the wharves
along the river front yesterday:
Arrived; Steamer Columbia, from Balti-
more, with merchandise and passengers.
Schrs. Rising Sun, with wood for b. F.
Win coal for G. L. Sheriff; Charles P. sticll,
ney, from Philadelphia, with coal for sane;
Missouri, with wood for same; Ida May,
with Ice for the Washington and Georgetown
Ice Company; Charley Newkirk, from Phil
adelphia, with coal for Ice Company; sloop
Susan Brown, from the Capes, with fish for
J. II. skidmore; schrs. Mary @. Cramner,
with wood for market; Mechanic, with oak
wood for market; Martha Washington, with
oak wood for market; Cakes Amcs, from
Philadelphia, with coal for Brown q Som
from Broad Creek, with wood for ]. b
Lord; Mohawk, Spesutia Island, with Goa
for II. A. Barry; Troplc, from Philadelphia,
with coal for X. A. Morrison; East Newman
ket, from Havre-de-Grace, with coal for W
Warder & Co.; Sea Lion, from York river
with lumber for j. D. Kitch Il Co.; Fedora
Hill, from Norfolk, with 10000 feet Of vel
low pine lumber for N. D. Fugitt; Salisbury
from Havre-de-Grace, with 100 tons Of Goa
ior Jhmes + razlcf, EaWnee, from oeOrRe
town, to load for Norfolk; Ann Hamilton
from Havre-de-G Grace, with coal for Marshal
& Co.; J. W. Ryan, with Ice for fishin
shore.
A number of small vessels loaded wit
oysters also arrived.
A CRYING SHAME.-IIardiy q day passe
but the eyes Of citizens are offended an
their ears shocked at the lashings applied t,
the backs Of, and the anathemas hurled a
the heads Of, inoffensive and over-burdene
come means be devised to put stop to tbl
barbarityl viii not the Common Counc
pass stringent law for the prevention Q
cruelty to animals, and thus put stop
these violent exhibitions Of nneovernahl
temper and despotlc fury. As we write TIL
paragraph we have In our "mind's eye"
scene that we witnessed only a few hour
previous, and one, by-the-way, getting to b
Of hourly occurrence, that Of an over
burdened shadow Of horse, or more Xix
the frame On which horse might be bull
doing his best with heavy load. The hors
toiled with tho patience OF a Christian
while the man fumed and yelled with th
, fury Of a brute, and beat the poor beas
The scene attracted the attention Of some
: our well known citizens, and an exclami
tlon was made; "Have we no law to prever
| buCu UdTDuTlty. luaL OtueT DtAbt IL Dettt
able to draw the load, and he should be mad
to change places1" We hope sincerely tina
our Common Councils will pass q law
prevent such brutal exhibitions on the publ
thoroughfares, aud that our citizens vii
take the matter In hand and organize
society for the prevention Of cruelty to an
mails.
IMPROVEMENT OF ST. MARY's CHURCH.
Workmen yesterday commenced the wor
of rough-casing the entire front of the s
Mary's German Cathollc) church, on FIT
street, between G and II. The front of Il
: church and the steeple is to be handsomel
done up In imitation of the Nova Scot
freestone, which Is becoming so popult
among builders. There Is also to be ham
some cornice placed on tho top of the brio
work Of the tower. and handsome statue
the Virgin Mary placed In the niche ov,
: to be placed at the parsonage, and the who
church property, Including tho parochii
school, the parsonage, and the church, is
be enclosed by neat iron railing on q sol
granite base.
The work Is being done by Minot Menk
and will, when completed, add very much /
the appearance Of the church and the su
rounding neighborhood.
| EWlNDLfNG EMIGRANTS.-On inc nrrly
of the New York train, at 10 o'clock, on So
urday night, Swedish woman, with h
little son, were passengers. She stated Q
her arrival nere that she was on her way
Water Valley, Mississippi, and was withol
! means to carry her further on her destin
, ton, rs she had been robbed out of $40
gold In New York by the professional EN-
grant agent swindlers of that city. Office
Wilson, McIIenry and Atchison immediate
= set about to secure subscriptions, and In
short time had secured quite respectful
= sum Of money, which was handed over
the woman. She and her little boy we
then put upon the Southern train.
, PETER BAUMGRAss, ESQ. Those who har
visited the studio and examined the produ
lions of Mr.. Baumgrass, the gifted artl
! and true gentleman, will regret to learn tn
, he Is soon to leave here and establish h
} studio In New York, where he expects to r.
ceiye better remuneration for his genius al
: labor than in this city. He has produce
some Of the finest pieces ever executed
this city, several of which may be seen
Mr.. Barlow's gallery. His forte Is the e.
preston of peculiar characteristics and Il
enthusiastically to nature-giylng gre
effectiveness to his pictures, rather thu
: general effect.