The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-03-24
BROOKLYN COURTS.
SUPREME COuRT-sPsCiAL TERM.
Trouble Between Staten Island Oystermeu.
Before Judge Gilbert

Trouble Between Staten Island Oystermen.
Before Judge Gilbert.
There is q war on Staten Island-that is, o small
sized war-and all about oysters, too The ''plant-
ersn are warning against those who assert their
right to rake for oysters on certain portions OF
Princes Bay where oysters grow naturally. 1t seems
that an act was passed by the Legislature or 1860
Tor the protection oil the planters" winch imposed
move oysters planted In Richmond county waters.
The opponents OF the planters say that the latter
have staked or beds and planted oysters where
bIvalves grew naturally before. They therefore
hold that they have right 10 rake for oysters where
they have always gone, Notwithstanding the plant
erS.
A number of parties no had carried away oys-
tiers were arrested the other day and committed 20
await the action or the Grand Jury by Justice Hail.
OF Westneld. Wrlts OF habeas corpus subse-
quenty obtained by their counsel, Mr.. Tnayer, and
made relurnable before Judge Gilbert yesterday.
Counsel cOntended that the act Of 1865 was uncon-
stitutlOna and void
Mr. Stafford for the District Attorney OF Rich.
mona county, objected to the proceeding ON the
ground that the suit could only be sued out and
heard in the county where the commitment was
had.
Mr. Thayer expressed his surprise at this objection
as he mad understood that the District Attorney mad
consented that Judge Gilbert should hear the writ.
Mr.. stafford knew nothing OF any such consent,
and insisted on his objection.
Judge Gilbert said that II the objection should
be presented he could not hear Inc application Tor
the discharge.
Mr.. STAFFORD offered to withdraw his objection II
so advised by the Court but Judge Gilbert said 1t
was hardly the best way TO decide upon cOnstl-
tulionality OF an act at SPECIAL Term IN the way
proposed. IL would be more proper that the parties
should be tried on the indictments, anu then the
question would come up and be more deliberately
argued.
Judge Gilbert fixed the bail at 5000 In each case.
An unceasinG LitigntiOn-The sale OF the
Cemetery OF the EverRreens.
Counsel for Tiffany & Co., to whom dividend OF
eighteen per cent had been awarded out OF the pro-
ceeds OF the sale OF this cemetery, yesterday moved
for payment. The allowance OF S., 900 was made to
the referee, which Tiffany & Co. appealed from.
The General Term set 1t aside, but ordered referee
TO determine what amount was actually due To the
receivers attorney. From the order OF the General
Term Tiffany Co. appealed TO The Court OF APP
peals. The referee declined TO pay The amount due
stayed proceedings.
Un Tiffany Co. st1pulating that 1t should not
stay proceedings the Court ordered the amount 10
be paid. The referee declined to pay the amount
due Mr. Myers on the ground that he had been noti-
lied by W. Z. Kneeland that there was an assign.
10 PhilO Il. Rugges to determine this motion.
Mr.. BlOOmer also claimed yesterday that the whole
amount of funds in the hands OF the referee OF the
Evergrcens' Association should be paid to nm IN
stead OF 10 Mr. Dana, attorney for the latter, repre-
sentlng that Mr.. Dana has received payment for his
tain the amount due to the attorney, and directed
the referee TO pay over the amount found To be due
to HIM and the balance TO MI. Boomer.
Pacific Mnil.
Judge Gilbert Yesterday by consent the parties,
entered an order of dscontinuance In the suit of
Chais against the Pacific Mall Steamship Com
pany. This was an application for an injunction to
restrain the directors from specializing with the
cOmpanys money.