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necessity and charity :" n our statute mean not phy scal Hecessiy, but moral fitness and uropreIy, and that u was incumbent on Mrs. Foster to show, that there some necessity of this kind operating on her when she left New-YOrk-She knowing that her reg Ular would require travelling on Sunday: but that constable. when he arrests must carry the pr- sOner under this law before Justice, and then he has done his doty and the defendant had not done it tn this case Le liable. The Judge further ex- pressed decided opinion that the law was COOs!iu- Iional and that before he could say law was other, wise which had been acquesced tn so long, he should require the strongest 10 be shewn As to what constituted arresi the Judge remarked; that force was not required, touching, but it must be de- tentiOn proessed be dose by aIthorityaRd an ex- ercise of authority; which he observed was clearly

 roved tn the present case. The damages should g'Ve least the actual injury and something smart mos ney, if there was any bad motive. This the Judge ead did not appear, but the officer seemed to be lM pressed with desire to discharge his duty.

 Friday morning the jury returned a verdict of 125 dollars damages and costs for the plaintiff"

 FIre.-At musical entertainment at the British American Holel," in Montreal, the 24Ih ut an alarm given that the building on fire. The flames spread with great rapdity, and the hotel was soon consumed. The people who assembled at the with great difficulty extrcaled from the flames through the windows The loss is $40 0000-partly insured.

 West Point Academy The New.York Spectator gives the following for the retirement of Col. Thayer from the command ofhe station at West Point. Several cadets, for various acts of insubortna,ion were tried by court martial and sentenced to be dis. missed from the institution They proceeded to Wash ington, and having procured from the President re- versal ol the sentence, marched back to their old quarters, and celebrated their victory their off, cers by raising hickory pole and other appropriate ceremonies. When representation of this made to the Secretary of War, evidence of disapproba-

 ton returned, and Col. Thayer fel, himself under the necessity of retiring in consequence from the charge of the institution.

 (Ths story of the Spectator is contradcted in some of the other New-York papers-,hey stating that Mir. Thayer has for some time contemplated leaving the establishment at West Point-,hat he is appointed to superntend the erection of the forti6ca in Boston harbor-has the story of the hickory pole is sheer fabricaton.l