The New York herald., 1874-08-24
MARINE COURT JURISDICTION.

Ion In the Mottors
An action was brought In the Marine Court by
George g. Dtossy against Almon w. Grtswod on
the soth OF last July. On the 10th day OF August
an answer was made denying the material allega-
tons IN the complaint On the l2th day OF August
. motion was made to advance the cause upon
the calendar for trial. which was granted, ana tho
case set down for the 18th inst, ar which time the
plaintiff took an inquest BY default, and II was
claimed that BY reason OF recent decision OF
Chief Justice Shea, Of this Court. the judgment
was irregular and should be set aside. In decid-
ing this motion Judge Joachimsen gave his views
as io!lows:-
JUDGE JoAcHIAsRN's VIEWS.
desire TO say now that we nave no omclal In
formation that any such decision has been made.
dunn on de- there are no papers In auy case on die
winch would authorize me to suppose that the
have expressed such opinion. ana tins is a lree
country, and every gentleman ls at liberty to ex.
press hts opinions as any time ne pieases. The
Rentleman's discretlon and would pay very little
attention to the matter were II not Tor the TACT
have become somewhat alarmed as to the
s coa the urss ssuF aoss 81 mJnsSs and q
It was therefore or general importance to suitors
that this point. so unexpectedly made, and appa-
snould be looked at and decided in an aurhorfa-
tive manner. Now do not think that reference
w WIG 'oV AZ IcSoAu w OIucG OOul 70 10 ~
relevant 70 this point In this Court; particularly
10 view OF decision In the lorty-elghth OF New
court trial Of an issue Of acs Ss %as naS
before single Judge not a. trial term.
not ISs, at special term but az ct chambers, ano
But the Court dlsregarded It. SO that even in the
supreme Court, where the parties 60 TO trial, such
judges are appointed TO hear, try and dstsrmns
Whole time and Whole ate attention to ''I the Su Susi
ness OF the public II there Is such Ju-
operative then there IS iurisdicson for alp ali pur.
poses, and want OF 1t cannot be alleged. Now l
take It ..s the The true rule on the subject Is tS be
was proceeding against this Court for . writ OF
prohibition, and In that the Court SAYS this:-
to issue executions connded BY the statute TO the
Court would be irregular and void, ana II IL Mere
judicial prohibition would he." Now, the question
Is whether the act Of this Court trying causes DUR
upon any jurisdiction For a better understanding
relative TO the duties OF this Court we may wen
go through the entire statutes relative to this
Court because none Of them were repealed as lar
as this point Is concerned. The 10Stn section the
original act the act of 1873 says:"And be ir fur
SAID justices shall be open every day at seasonable
hours except sunday, the Atm Of July, the 25tn OF
1st day OF January in each year, And it makes it
the duty OF the justices to attend on every day
is an apparent one. The Court was instituted as
court OF common law jurisdiction and with par
arne AZ tns ss Mow ~
transient, the witnesses are transient, and 1t Is,
therefore, necessary and proper that the Marine
Court should be IN session, 50 as to afford relief or
administer justice to that class OF sultOrs Now In
the year 1858 another act passed relation to
this Court, the eighth section OF which IS this:-
.'Each Justice is required to perform his equal
share OF the abprS and duties vi the office, that
SUNDAYS h0ltda
which the inhabitants ol the city may generally
refrain from busness), the Justice who shan be in
attendance shall remain uutl The calendar
lor the day OF causes SET down lor trial SHAH be
disposed OF or such time as may be reasonable,
NO Justice while at the rooms of the court, not
actually engaged In the discharge or other
upon anv application lor his ollcla action which
may properly be made before him." Now this act
has not been repealed. IL makes 1t the duty OF
the judges to attend here and try cases, particu-
larry such cases as snail have been set down ior
trial. BY the act OF 1872 the nrst section reads
follOws:-"fhe Marine Court OF the city OIL New
York snail be and Is hereby declared q courG OF
record ior all intents and purposes, and shall con.
tnue to be vested wltn the jurisdiction now CON
scrbed. declared and enlarged Dy this act" SO
that not only IS there no repeal Of these statutes,
but they are again made binding upon the judges
you come to the fourth section OF this act
present difficulty. BY this act the number OF
judges had bean increased from three to SIX. The
were great many causes undispOsed oil, and. be-
ing made court Ol record, 1t was desired and
certainly so understood by the Legislature, and go
in the form OF proceeding between the courts
having the jurisdiction which we also possess, and
this court, SO as 10 do away with the difficulty in
practice. which, as q gentleman very aptiy said,
made 1t US dinicult to understand the practice
here as to searcn title. When this act then was
passed the Legislature gave us this power:-'The
Court shall appoint General and Trial Terms and
also Special Terms thereof Tor hearing
other proceedings. and prescribe the dura.
ton Thereon ana assign the justices or
may from time to time alter sucH appointmenss n SS
and in case oil inability iOr any cause oil justice
side IN MS place General Term snail be enc held by
at least two OF the Justices and Trial Term and
Special Term by sipge justice. one Or more OF
time"- undoubtedly meaning by the same
person. judgments upon appeals shall be
judgments at the Trial or special Terms" SO tnat,
under this statute, any valid judgment of this
cours may po made either at . trial or Special
notice has Deen given to the pubilc, that suit
Ors shall not be surprised by being called INTO
held at u seasonable hour OF the day. Such judg-
ment would In law be valid, and we nave luIs-
act 1t is provided that factions under suodi-
,nsa vision mor iS and II s, Of section lMean.
ns sS 0e na D
as nov prescribed by law; oil existing provisions
Ot the law relative To the particulars OF such pro.
ceedlng are hereby continued IN iorce.n so that,
therefore, by positive and direct statute certain
class oil cases have TO be tried from day to day and
not from term TO term. There Is. therefore,
jurisdiction to try cases. and as matter OF course
the objection Tor an entire want Oi jurisdlou0n
necessarily fails. Because under the act OF 184o,
which Is thereby continued In force, tho Justice Is
to remain until the calendar OF the day 0f causes
set down TOR trial shall he disposed oi. Now we
have these acts before US, and we intended to
reconcile them ana make them consistent and har-
monious, and we made rule which
Is as lolows:-Ihat Trial Terms Will commence on
Saturdays excepted, until tue commencement OF
the General Term. The General Terms Will COM
mence on the last Monday OF each month, except
July and August THAT part of the rule has been
altered so as to include June and september. You
VIII perceive therefore, that there IS no exception
as regards Trial Terms. AS regards General Terms
there Is an exceptOnl. "And during the months
OF July ana August there Will not be any regular
Jury term. but the justice holding court will order
special panels In his discretion. During July and
August there viii be but one day caien-
AaH axl.a4