The New York Herald Newspaper, March 3, 1848, Page 1

Wrolk Ko, 6028, AY MORNING, MARC NEW YORK, FRID CODE OF ;PROCEDURE. AN ACT T. Stmplify aud Abridge the Practice, Plead= Ines, and Proceedings of the Courts of this Kates [continven.] TITLE Vil. OF THE PROVISIONAL REMEDIES IN CIVIL ACTIONS CHAPTER I. Anayet anp part 0s. 163. No person shall be arrested iu a civil action. prescribed by this act; but this provision chai) NOt offrot the aat t lish imprisonment for debt. and to punish fraudulent debtors, pasred April 26, 1831, cr any act amending the same, nor shall it apply to pro- cosdiogs for coptemp’ Sve. 164 The defendant may be arrested, as hereinafter prescribed, in the tollowirg cares 1, In an action for the recovery of damages, on a cause of sction not arising out ot contract 2, Inn action for a fine or penalty, or on a promise So merry, or for moneys collected by a jer officer, or by un aitorney, solicitor or couneriior, ia the course of his employment aa auch, or by ary person jn fiduciary caracity, or for any miseonduct or neglect in office, or in e profvrsicnel omplryment 3 Inn aetion to recover the possession of personal property upjuatiy detained, where the preperty shsll not hive been delivered to the plaintiff as provided im the next chapter But no female shail be arrested in an action arising on saairass, or in avy other action, cunere fora wilful irju- person, character or property. ee 9 155 An order tor tho arrest of the defendant must gotintora from a judge of the court in which the ao- &: 1s brought, or from @ county judge. © 156 The erder mvy be mate, where it shall ap- pear to the judge by the affitavit 0 plaintiff or of uy other parson, that @ sufilaient cause of action exists, aud (excepting ia the cyses menticned io the second suhtivision of section 164.) that the defendaat is nota nt of the State, or is sbout to remove therefrom © 137, Before making the order, the judge ehall re- aire a written undertaking. on the part of the plaintiff, with er withont sureti-s, to the effect that if the defen- dant recover jadgment,the plaintiff will pay all costs that mey be Tded to the detendant, and all damaz he may eusiain by reason of the arrest, rot exceeding the suin specified in the wadertaking, which aball be at leaet two hundred and fifty dolla: If the underta tog be executed by the plaintiff, without suret Ly ) apox thereto an affiiavit that he aresident avd hour-holder or frseholder withiu the State, and worth double the sum specified in the undert-bing, over all his debis and Kabilities Seo 158 The order may be made at the tims of com- tion, orat any timo afterwards, bsfore t shall require the sheriff of ths county, whi re the defendant may be found. forthwith to arrest him, avd hold him to bail im o specified sum, and to re- turn ths same at 2 time and place therein mentioned, to the platotiff or attorney by whom it shail be subscribed or endorsed _S:0 159 The affidavit and order of errest shall be de- livered to the eheriff, who, upon arresting the defendant thsli deliver to him a copy thereof. Sec 169. The sheriff shall execute the order, by ar- Testing the defendawt and keeping bim in custody, until dissharged bylaw; and moy oall the power of the county to hin aid,in the execution of the arrest, as in case of process. Src 161. The defendant, at any time before execu- tion, shatt be discbarged from the arrest, eithor upon giving bail, or upon depositing the amount mentioned in the order of arrest, a» provided in this chapter. Seo 162, The defendant may give bail, by causing a written undertaking to be executed by two or more euf- ficient bail, stating their places of residence and ocou- patioas, te the effect that the defendant shall at all timas render himself amenable to the process of the court, during the pe ey of the actioa, and to such aa may be jsrued to enforce the jadgment therrin. Seo 163 At avy time before a failure to comply with their undertaking, tho bail render the defendant ja their exoneration, or he jurrender himeelf to the sheriff of the county where he was arrested, in the following manner : 1 A certided copy of the undertaking of the bail shall be delivered to the sheriff, who shall detain the defendant in his custody thereon, as upon an order of arrest, and shall by a certificate in writing, acknowledge the surrevder. 2 Upon the undertaking and sheriff's certificate, a Judge of the court or couaty judge, may, upon s notice to the plaintiff, of eight days, with « copy of the under- taking and eertideste, order that U il be exonerated, aud on filiog the order and the papers used ou such ap- plication, they shall bo exonerated accordingly. See 164 For the purpose of surrendering the defen- dant,tho bail,at any time or piace, before they are final- ly charged, msy themselves arrest him, or by s written gutbority, endorsed on a certified = the undertak- ing, may empower any peraon of guitabie age and discre- tion to do se. Seo 165. [n case of failure to comply with the under- one the bail mey be proceeded against by action oniy Seo. 166 The bail may be exonerated, either by the death of the defendant, or by his legal dircharge from the obligation to render himself amenable to the provers, or by bis surrender to the sheriff of the county where he wse arrested, im execution thereof, within twenty days aiter the commencement of the sotion against the bail, or within such further time as may be granted by the court. Seo. 167 Within the time limited for that purpose, the sheriff shall deliver the order of arrest to the plain- t absoribed, with bis return takiugt» the abe: socept it; or he shall bs deemed to have accepted it, and the sheriff shail be exonerated from lisbility Sec. 168 On the recsipt of the undertaking and no- tioe, the sheriff may, within ten days thereafter, give to the plaintiff or attorney by whom the order of arrest is subscribed, notice of the justification of the same or eoifying the places of residenoe and occu- fore @ judge, at a specified time time to be not less that he other bail be given there shall be @ new undertaking, in the form prescribed in section 162. Sec. 169, The qualificaticns of bail must bs as fol- lows: 1 Each of thom must be a resident, and householder or fre-boldar, within the State. 2, They must each be worth the amount sperified in the order of arrest ; but the judge, om justification, may allow more than two bat! to justify severally in amounts Jens chan that expres the order, if the whole jasti- fioation be equivalent to that of two sufiicient bail wr the purpose of justification, each of the Dail stall attend before the judge, at the ti mentioned in the notice, and msy be on the part of the platntiff! touching his sufficiency, in such manner aa the judge, in bis discretion, may think proper. Ths examinstioa shall be reduced to writing, aud subscribed by tho ball Seo 171 If tha jadge find the bail sufficiont, he shail avaex the examination io the undertaking, endorss his allowance thereon, and deliver the same to the plaintiff of couse them te be filed; and the sheriff shail thereupon be exonerated from liability, Sec, 172 The defendant may, at the time of his arrest, instead of giving bail, deposit with the sheriff the amount mentioned in the order, The sheriff shall thereupon give the defendant a certificate of the dep7sit, and the drfen- Gant shall be discharged out bite A Sec 173. The sheriff shall, withia four days siter the epost, pay the eame into court; and shall receive from the clerk tro certificates of such payment, the oae of which he abal! deliver to the pleiotiff, and the other to the defendant For any defanit in making such payment, the same procesdings may be had on the official bond of the sheriff to collect the sum deposited, asin osher cases of delinguene: If money bo deposited. ag provided ia the last two sections. beil may be given ‘and Justified upon notice cribed in seotion 168, any time befcre judcment. ; he jatge before whom the justitioation is had, rhe ot, ta the order of aliownnoe, that the money deposited be retunded by the sheriff to the defen- dant, snd it shall be refanded accordingly. Se2 175, Where money shall have been 80 deposited, if itremsin ou deposit at the time of an crder or jadg- mout for tho payment of money to the plaintid, the clerk that, under the direction of the Court, apply the same ion thereot, and after satisfying the judgment to the defendant. if the the deen the clerk shall rea ad to bi aa the whole sum deposited and remaining uaspplied. ‘mene 176. If, after being arrested, tho defendant escape or be rescued, or bail be not given and justified, or a deposit be not mad» Instead thereof, the sheriff shall himacif be lisble as bail, But he may discharge himeeif from such liability by the giving and justification of bail as provided in rections 16: end 171, at apy ti beiore process against the person of defendant, to en- forge an order or judgment in the action. Seo. 177 If jndgment be recovered agaiost the riff, upon his Mability as bill, and an execution thereon be returned uasatiefied in whole or in part, the same proowdings may be had onthe official bond of the sheriff, to collect the deficiency, as in other cases of delin qaenc; Seo 178 The ball taken upon the arrest, shall, unlers they justify, or otber bail be given and justified, be lis. ble to the sneriff, by action, for all damages which he masy sustain by reason of such omission. See 179 A defendant arrested, may, at aay time bs- fore the justification of bail, apply, on motion, to — the order cf arrest, or to reduce the amount of the Seo 190. If he motion be made upon affidavits on the part of the defendant, but not otherwise, the plaintiff may Cppore the same by affidavits or oiher proofe, in eddition to thoes on whieh the order of arrest was made. CHAPTER II. CLAIM AND DELIVERY OF PERSONAL PROPERTY. Seo. 181. The plaintiff, in an action to recover the pos- seston of personal property, may, at the time of com- menoing the aotion, claim the immediate delivery of such propetty, a8 provided to this chapter Seo lod. Where @ delivery is claimed, an affidavit saat be made by the plaintiff, or by some one in his be- hah mowing, iin a6. ah 1. Thet the plain ie the owner of ropes cloimet, (partro ly describing it,) or ‘lode ly - tiitod to the possersion thereof, by virtue of w special pronerty thereia; the facts im respect to which shall be 6 foren s 2 Thet the proy is wrongfully detatned by the de- feadgat 4 The alloged caase of the detention th ereof, a coord: Jog to bls beet kaowiedge, information and belief: 4. That the same has not been taken for a tax, «1 ment or fine, pursuant toa statute; or seized under on execution or attachment against the property of the pene: or if so seized, that it ir, by statute, exempt ‘rom such seizure; and 5. The actual value of the property. Seo 183 The rlsiotiff may, thereupon, by an endorse- mentin writing upon the affidavit, require the sheriff of yhere the property claimed may b: i the defendant, and deliver it to Seo. 194. Upon the receipt of the affidavit and notice, | with a written undertaking, executed by one or more | sufficient sureties, approved by the sheriff, to the effect that they are bound, in double the value of the property as stated in the affidavit, for the prosecution of the a Uon, for the retura of the property to the defendan’ return thereof be adjudged, and for the psyment to him of such sum as may, for any cause, be recovered against | the plaintiff, the sheriff shall forthwith take the pro- | perty desoribed in the affidavit, if it be in the p jon fendant or his agent, and retain it in his ous- | y. shall, also, without delay, serve om the de- | fondant a copy of the affidavit, notice and undertaking, | g the same to him personally, if he oen be found, or to bis agent, from w! posession the pro- perty is taken; cr if neither can be found, b; them at the usual place of abode of either, with rome | P rson cf suiteble age and discretion; with a notice in | writing, thatthe sureties will justity before a judge of | the court, or a county judge, at a timeend p'ace therein | named; the time to ve nos leas than four nor more than | eight doya thereafter | ec. 145. If the sureties do not justify. according to the notice, the sheriff shell forthwith deliver the pro- perty to the defendant. If ther desley, he suall deliver At to the plaintiff, unless the shell entitle him- self thereto, as provided by the’next two sections. Sec. 186. Atany time before the delivery of the pro-. perty to the piaintiff. the defendant may require the re- turn thereof, upon giving to the sherilf a written under- taking, excouted by two or more gufticient aareties, to the effrot that they cro bound, in double the volus of the property, as stated inthe affidavit o! the platatid,, for ube delivery thereof to the ptuintiff, if such delivery be acjudged, and for the paymontto bim of such sum av muy, for avy cauee, be recovered against the defendant So 187 The defendant's sureties, upon a notice to the plaintiff, of not less than four, nor more than eight | jays, shall justify before a judge, in the same manner the sureties given by the pisintiff ; and upon auch justi. | fication, the sheriff shall geliver this property to the de- fondant. Sec, 188, The qualifications of sureties. and their jas- tification, sbell bs asare prescribad by sections 169 and | 170, in respect to bail upon an order of arrest Seo 189. If the property or any part thereof ba con- cealed in a building or enclosure, the sheriff sball pub- licly demand its delivery. if it be mot delivered, he sball cause the building or cuclor and take the property into his possession; and if ne sary, he may call to his sid the power of his county. | ‘Seo, 190 When the sheriff shail have taken property, | ag in thie chapter provided, he shall keep it in a secure place, and deliver it to the party entitled therete, upon | receiving his lawful fees for taking, snd his necessary expenses for keeping, the rame. CHAPTER IIL. INJUNCTION Sec. 191. The writ of injunction is abolished ; and an injucction, by order, is substituted therefor ‘The or- Ger may be made bys judge of the court in which the action is brought, or bya county judge, in the o provided in the next section. | Seo 192 Where it shall appear by the complaint, that the pleintiff is entitled to the relief demanded, and such relief, or any part thereof, voxsists in restraining the commission cr continuanco of et of the dr fendant, the commission or continu: of whioh, cu- ting the litigation, would produce great or irreparable injury to the plaintiff ; or where, during the litigation, it ehail appear that the defendant is doing, or threatens, or is about to do, some act in violation of the plaintiff's righte, respecting the subject of the action, end tending to render the judgment ineffectual, a temporary injunc- tion may be granted, to restrain such act. | Seo 193 The injunction may be granted at the time | of commencing the action, or at any time afterwards | before juég ment, upon its appearing satiefactorily to the judge, by the affdavit of the plaintiff, or of any other person, that sufficient grounds exist therefor. A copy of the affidavit must be served with the injunction. | Sec 194. An injunction shall not be allowed, after the defendant shall have auswered, uuless upon notice, or upon an order to show cause ; but in such case, the de- fendent mvy be restrained, uotil the devision of the jadge, granting or refusing the injunction. Bec, 196 Where mo provision is made ws tate, as to security upon an injunction, the judge shall req 8 written undertaking, on the part of the plaintiff. with or without sureties to the effect that the plsinsf will pay to the party enjoined, such damages, not exceeding an amount to be epecitied, as be may sustain by reason | of the injunction, if the court shall fiually decide that ; the plaintiff was not entitled thereto. Ths damages may bs ascertained by a reference, or otherwise, an the court shall direct. Seo. 196 If the judge deem it proper that the defen- dant or avy of several defendants, should be heard be- fore granting the injunmotion,he may, by an order, re- quire cause to be shown. at 8 specified time and piace why the injunction should not be granted he may in the mean time. restrain the defendant. Seo 197. An injunction to suspend the general and ordinary business of a corporation shall not bo granted, | except By the court or a judge thereof. Nor shall it be | granted, without due notive of the application therefor. to the proper etiicers of the corporation, unless the plaintiff shall give a written undertaking, executed by | two sufficient sureties, to be approved by the court o- | judge, to the effeot that the plaintiff wil psy all dam- ‘ages, not exceeding the sum to be mentioned in the un- | dertaking, which euch corporation may sustain, by | reason of the injunction, if the court shall finally decide that the plaintiff was notentitied thereto. The dama- | ges may be ascertained by a reference or otherwise, as | the court shall direct Seo. 193 If the injuoction be granted by judge ot the court or by a county judge, without notice, the de- fendant, at any time before the trial, may apply, upon notice, to ajudge of the court in which the action is brought, to vacate or modify the same. The applic. tion may be made upon the complaint and the afiida- vite on which the injuaction was granted, or upon affi- davite on the part or the defendant, with or without the | answer. Seo. 199. Ifthe application be made upon affidavits on the part ofthe defendant, but not otherwise, the plainti® may oppose the same by affidavits or other ee addition to those on which the injunction was granted. CHAPTER ly. OTHER PROVISIONAL REMEDIES Sec 200. Until the legisistar all otherwise provide, the court may appoint receivers, and direct the deposit of money or other thing im court, and grat the other provisional remedies uow existing, according to the present pract ice. pt as otherwise provided in this act. TITLE VIII. OF THE TRIAL AND JUDGMENT IN CIVIL ACTIONS CHAPIER I. JUDGMENT UPON FAILURE TO ANSWER. Sec 201. A judgment is the finai determiaation of the rights of the parties. See 202. Judgment may be had,if the defendant fail toanswer the complaiat, as iollows: 1. In an aciion arising on contract, for the recovery of money oniy,he may file with the clerk the eammons and complaint, with proof of service, aud that uo a1 has recs ‘The clerk shall thereupon enter Judgment for the amount mentioned in the summons 2 In other actions he may, upon the like proof, apply to the court, at the time and piace specified in the sum- moos, for the relief demanded in the complaiat. If the taking of an account or the proof ot auy fact be noces- fary to enable the court to give judgment, or to carry the judgment into effect, the court, instead of taking the accent or hearing the proof, may, in its diccretion order @ xeference for tbat purpose to any perron, free feora all eption, to be pamed by the jaintiff And where tie action is tor the recovery of money only, the court, if the plaintiff require it. the daimuger to be a:nessea by @ jury, or if the exemination of long account be involveu, by a references as above provided. CHAPTER 11. ISSUES, AND THE MODE OF TRIAL Sec. 203 Iesues arise upon the pleadings, when a fact or conclusion of law is maintained by the one party and eontroverted by the other. They are of two kinds: — 1. Of law; aud 2 Of fact. Seo. 204. An iseue of law, arires, 1. Upon a demurrer to the complaint: or 2 Upow an allegation of fast ina pleading, by the 07 4 party, the truth of which is not controverted by the other. Seo. 205. An issue of fact aries, 1, Upon an allegation in the complaint controverted by the answer; oF ‘2. Upon new matter in the answer controverted by the reply; or 3. Upon new matter in the reply. 8 both of law and of fact may arise upon the pleadings in the ¢: tion. In such onse, the issues of law must be firet tried, unless the court otherwise: direct, See. 207. A trial is the judicial examination of the is. sues between the parties, whether they be issues of law or of fact. Sec 203 Whenever, in an action for the recovery of money only, or of specitic real or porsoual property, there shall bo an issue of iact, it must be tried by a jury, unless @ jury triel be waived, as provided in section ora reference be ordered, as provided in sections and 226 Seo 209, Every other issue is triable by ths court. which, however, may order the whole issue, or eny rpe- cific question of fact involved therein, to be tried by ® jury; or may refer it, a8 provided in rectioan 225 and 226 Seo. 210. All issues, whether of law or fact, triable by a jury or by tho court, shall be tried before Pringle jadge. Issues in the supreme court ehall be tried at the circuit courts. Sec 211. At any time after issue, and at least ten days before the court, either party may give notice cf trial. The party ei notice shalt farnich the olor, at tour days before the court, with a note of the ie the action, the nam: of the 8, and the time when the last pleads: Was server ir the cause upon the calender, according to the date of the issue. Seo, 212. The issues on the calendar shall be dis- posed of in the hon order; unless, for the conve- Rience of parties, or the derpateh of businers. the court thall otberwise direct: — 1 Jasues of fact, to be tried vy a jury 2. lesues of fact, to be tried by the court | 8, Tonnes of law. | | all destroyed by a CHAPTER IIL. TRIAL BY JURY. Seo. 213, Kither party giving the notice may bring the issue to trial.and, in the absence of the adverse party, usless the wourt, for good ceuss, otherwise di- rect, may proceed with hin case, and take a dismissal of the complaint, or # verdict or judgment,as the oase may require. Seo 214. The plaintif® shail furnish the court with a copy of the summons and pleadi: with the offer of the defendant, if auy shail bave been made. Seo. 215. The verdict of a jury is either general or special. A general verdict is that by which they pro- nounce generally upcn all or any of the lesues, either in aavor of the plaintiff or defendant. A special verdict is that by which the Jury find the facts only, leaving the | judgment to the court, Seo 218 In every action for tho recovery of money only, or specific real or personal property, the jury, ia their discretion, may render a geweral or epecial verdict ta all other cases, the court may direct the jury to find @ special verdict ia writing, upon ail or any ef the iasues; or may instruct them, if tl to find upon particular questio writing, and may direct a written findio ‘he relal verdict or flading shall be filed with the clerk, and entered upon the minutes. Seo 2.7. Where @ special finding of facts sbull be in- consistent with the genoral verdict, the former shall control the latter, and the court shall give judgment ac- cordingly. Seo, 219. When e verdict shali be found for the pluin- tiff, in an setion for the recovery of money only, the | Jury shall atso aseers the amount of tife recovery. Seo. 219. Upon receiving a verdict, the court shall di- reot an entry to be m: pecifying the time and place of the tajal, the uamer of the jurors and witnesses, the verdiot, end either the judgment to be rendered thereon, or an order that che case bo reserved for argumeut or farther consideration. Seo. 240 Judgment shall be entered by the clerk, in conformity to the verdict, after the expiration of four days, unless the court order the oases to be reserved for argument or further consideration. CHAPTER IV. TRIAL BY THE COURT Sec 221. Trial by jury may be waived by the several parties, to an issue of fact ia the manner following: 1 By failizg to uppear at the triat 2 By written consent, in person or by attorney, filed with the oierk. beh By oral consent in open court, entered in the mi- putes See, Upon @ trialof @ question offact by the court, iin decision shall be given in writing, aud Sed by | the clark, within twenty deys after the court at which the tr:al look place, Iw giving the decision, the fiec found shali be dre; stated, aud then the conclusion of jaw upon them. Judgment upon the decision enall be «2 ered accordingly Seo 223 Nither party may except to a deci-foa on @ matter of law arising upon cuch trial, in the same man- ner,and with the same effect, es upon o trial by jury And either patty desiring a review upon the evidence sppsering on the trial, either of the questions of fact or of lay, may, at any time within ten days a'ter notive of the jadgment, mak- a case containing a0 much of the evidence es may be material to the question to ba raised. ue cage shall be settled according to the existing prac- tice. Sco 224, On ajudgment for the plaintiff upon an fs. sue of law, the plaintiff may proceed in the same man eras upon the failure of the defendant to aoswer, af prescribed by section 202. If judgment be for the de. fendant, upon au issus of law, and the taking of an ac- count or tie proo! of any fact be necessary to enable the court to complete the jadgment, 8 reference may be Crdered as in that section provided To be continued | Tutelilgeuce. Cuanceston Races —Wasbdingion Couree.—Fourth dey —Securday, Feb. 26.-Haadicap Race, three mile wats, W Sinker’s ch. o. Shark, 4 yesrs, by Shark, out of Ataian! 102 Ibs. wees tee ese eee W. M Myera’s br. f Couatess,4 years, by import. ed Leviathan, dam by Stockbolder—90 lbs...3 1 2 O. P Hare's gr. t, Bostona, 4 years, by Boston, dam Aadrewetta—99 lbs, ‘Timp—Ist heat, 9:57; 24 iy 5595 eat, 6:06 First eat. -Even bsitteg oa Sasck agsiast the fleld —they jumped off witn a beautiful start. cloze on each other’s neels; the Countess then led off; Shark took the track, however, after golag haif a mils, Bostona at the me time running up and placing herself second—the three going well together within tuemselves, until the last mile, when Bostuaa mads her elf2rt to vet nearer the leading borse. Shark wea not to be caught, however, and ran in, severs] lengtasahead Countess evidently did no: rua for this heat. [amedtiately after the heat terminated, bets were offered freely on Countess against the field, which were taken up 02 all sides, readily, by the friends of Sherk and Bostons. ‘ho backers of Countees built their hopes upoa the advantage of ths 9 ibs taken off hoc by the handicappers, and the chances that possibly Shark imight break down, as it was report- ed he had been complaining a littis in one of hia pins — We scanned him very closely, but confess we could sre no cause for appreveasion. Che anxiety of the crowd now began to increase every moment, and oa looking round, we saw men excited as to the iseue that wo never knew moved before, Second Heat —Affordid fn vory animated contest. As may bsve been expected, Countess lost no time'in open- ing the dauce, Suark joiniog hands, and swiaging by the booths with a epirit ond wlacrity that judicated they hod probably been taking lessons in the Polka, or gailopade, Bostona trailing for the first mile—in this order they ran until eatering the back strotch in the 24 mile, when Shark went up aad changed the figure a little by lock ing his fair partner. Afver a desperate effort he took mu | the track from her, which she again recovered, how- ever, soon atter passing uader the string over the Judge's chair, in the2d wile, Shark now prudently drew out a little cpon the harder ground, acd perseveringiy strug- gled home for the heat; but he did not again reach the filly, who woa by about a length. As soon as Bostona discovered that Shark bad taken the track from Coun- tezs,in the 2d mile, apprehendiog it was all‘over but shouting, unless she could turn the fate of the day, put on additional steam, showing eome of the fire of her gal- lant sire, with something like locomotive velocity rushed to the front couple; they all then kept up a determined struggie to the pole, Countesa coming out first, as we have already stated, by a Jength only, Shark sscond,and Bostova weil up in the third place The manner in which Countess had won this heat, and having cooled off well, whilst Bostoua evidenced no urusual symptoms of cis ress, overcast the prospects for the fiael success of the Shark coit His owner, however, lost no confidence in him, remembsring no doubt that even the mosoles of the elephant and tha wings of the fleetest bird will some- tines be fatigued, and that sltho’ Share may have been outlasted ia the heat, yet such were his powers of endur rance, he would probably recover quicker than elther of his competitors ‘The result proves be was right; but the rivals have been well rubbed and gcoomed, aod have started egain for the Third Heat—Cotnters led off as bafore,Bostosa recoud, and Sbark a litile im the rear, but clese upoa the heels 0 the Couat wk was evidently waiting for Bostons to show hrr hand and make play, keeping in euch a posi- tion, that if she failed to do so within a certain time. to be able to win the race, in a bri in the last quarter. Bostona not drawing nearer the Countess than when they first sterted, at the gates, about a half a mile from home, Shark was seon gathering himself up tor mischief, “to do or die’. s hard strugule ensaed—the three were close together—they were eide by side, neck and neck; it wer any body’s race; they came up the quarter etretch at rattliog rate, with ®spesd that seemed to outstrip the wind. The rirugyle was becomiug more and more ex- citing every jump. The Jockey on Shark pushed bi- faicbful horse to the utwost, kept his eyes fixed upon bis rivals, eo if iulent upon measurivg their pow: rs, that he might the better jadge when he should make bis final ef- fort—neck and ueck still they Lung upon each o:her— even within a f-w yards of the fisish, neither had the advantage — up to the last stride the result was in doudt— then came the climax ot anxious excitemeat—with great skillawd cooluess, worthy a Nat, # Chifacy, or » Rovin- son, (the crack riders of England.) the boy on Shack lifted his horse from the g-ouad, ond landed him ficet at the pom by a head only! No sooner was tue result pi claimed, taan there instantly © ross from earth vo H-a- ven the wild Lucra ’—there was a rimultaneous burst of enthvsiaem, never cqialied upon our course, a otrik- ing contrast to the breathless auxiety whicn prevailed « moment before. The close lines of ihe pecple on either side of the course suddeoly broke up—the roped arena was theonged, crowds following wnd cheering the win- ning horse as he returned to the seales, imparting anew liveliness to the scene, whilst others were rushing about in delight. and brightened couatensnces. to recoive the bets they had won = [t was quite delightful to see oven the loseas paying their money with « good grace, satis fied to @ littie for euch a resuit ‘The last mile io third heat ran in 1:57, and not omit tomen- tion, in justice to Bostoua, that an thishest under Great disadvantages, the saddle having slipt soon utver she started. Our great surprise wae, that the rider held on as wellashe did, for he bad frequeatly to put his hands down her neck, to keep himself upon her back. Szconp Bacws Jeoker Club Purse $200-A single ight for age. dash of three miles— wel O P Hare's b. m, Miss Couts, 5 years, by Boston, dam Kate Kearney Tee W. Lowades’ ch f. Rosemary, 4 years, by Eclipt out of Miss Cheat, by Sir Caaries. . eee MR Singleton’s ch. 0, Matlbank, 3 years, by Mar- grave, dam by Director. 6... sss ees ‘Time 6:75. Marlbank led off, Rosemary in the second place, and Mies Coutts, bringing up the rear—Rosemary roon took thetrack, which she maintained uatil they got into the back stretoh of the last mile, when Miss Coutts went up, passed and was never headed, comlag in an easy winner, Rotemary cecond, an Maclbank talled of @ loog way er, Feb, 27. Svuicine —Yesterday afternoon Captain Me- Cutcheon, of the British verse! Core, committed | suicide in Dr. Stone's hospital, by hanging hiweelf to | his bed-post with a silk handkerchief, He was carried | sick to the horpitel ebout three days ago, and there was nothing apparent in his condition or manner since then, by which an opinion could be formed of the cause of his terrib'e act, It is supposed that he tied both ends of his handkerchief over the bed y having previously knot- ted it around bis neck, and the fict of his hande having been left free, left no doubt of his being determined 10 2 execute his design to the last moment. The Cora wi consigned to Messrs. McDowell & Park, of this oity.—. O. Mercury, Ped, 21, ‘The dwelling house and out buildings of the Hon, ct! W, Bellows, of Pepperel, with the furniture, &), were 12 o'clock, M., yesterday, March my, SPED catcuned oh panel he defect in > | Boston, Feb. 28, 1848. The Death of John Quincy Adams—Who is to be his Successor ?—The Treaty of Peace—Visit of Mr. Clay—Morals of Boston, §c., §¢. Seldom have I known a more exciiable week in this city than the last. The Mexican projét of a treaty would alone have been enough, under the peculiar circumstances; but when intelli- gence of Mr. Adams’ death was coupled with it, there was an additional cause to excite cur phlegwfatic population. Men had long been pre- pared here for the sudden departure of Mr. Ad- ams, as they were aware how feeble was his health; yet the news that he had been struck with death, produced a prodigious sensation, at- testing as well the greatness of the victim as the reverential regard in which he was held by men of all classes and opini We knew that the oak was decayed; but we had a vague hope that itight, for a while longer, contiuue to defy the storms. The last link inthe chain which con- nected us with the revolutionary era has been broken, and we teel as if we were now, indeed, entering upon a new age—something as the mari- neg of the fifteenth century may be supposed ta have felt, when they plunged into the vast waste of the ocean-sea, with nothing but hope and their own daring spirits to guide them. We may be equal to any fortune, but we do not the less re gret the loss of the bold and skilful pilot, whose tocks had been bleached by the tempests of eighty winters, but whose eye retained its fire, and whose hand its cunning, to the last. The remains of Mr. Adams are, I am informed, to be carried to Quincy, where he long since built histomb. His parents, if 1 em not much mistaken, repose beneath the Quiney church, or “ meeting-bouse.” Had we a Westminster Ab- bey, “‘where the dead are honored by the na- tives,” no man would have better claims to burial in so sacred a spot; but as itis, I believe with his numerous admirers here, that he should fied his long home amid the scenes he loved so well. The happiest portion of his lite was un- doubtedly passed at Quiney, and there he should forever sl-ep the sleep of death, rather than in the congressional burial ground, as some propose. Mr. Adams has, unquestionably, left vast ma- terials for history. His papers ere very numerous, and if a discreet use be made of them in writing a history of his life and times, we shail have a ‘work as pleas- ing es a romance, and as useful as the high- est class of historical productions. Thus far, it must be admitted that however useful to the nistorian and compiler have been the ‘ pa- pers” of our emainent etatesmen, they have been of unrivalled dullness. No sin ot the kind can be connected, even in Mouatt with any thing with which Joha Quincy Adams had any con- nection. The journal, or diary, which he Is said to have kept during his whole public jife, would, if published verbatim, be more popular than ever was anew Waverly novel. Mr. Adams has left a large amount of property, certaialy not less than half a million of dollars. He haa always been a frugal man, though I can- vot believe that he ‘laid 1p” money out of the salaries of the numerous offices he held, as some aver that he did, as these offices all made beavy expenditures necessary on the part of their occu- pant. He has left batone son—Charles Francis Adams—who is married to a daughter of Peter C. Brooks, the richest man in New England. Men will speculate on every thing; and it was not three hours after we were advised oi Mr. Adams’ having been attacked, that I heard an animated discussion as to who should be his successor; just as was the case when the news (lalse) of Senator Davis's death was received The subject has been much talked over since; and among those named to fill the vacancy, are Mr. Keyes, of Dedham; Mr. Henry Wilson, of Natick; and Mr. S. H. Walley, of Roxbury. Mr. Keyes is a member of the Governor’s Coun- 1, and is an ultra * couscience ” whig, much distiked by the conservative portion of his party. Mr. Wilson is, also, a ‘* consience ” whig, and has distinguished hunself by the zeal with which he has upheld Mr. Paltrey’s congressional course. He is a cobbler on a large scale, and a respecta- ble man in his business; but would be neither leas respectable nor less happy, if he were to recotect and profit by the advice of Apell-s to a certain other cobbler—“ ne sutor.” The quotation is somewhat musty. Mr. Walley iae moderate whig, has fair talents, and has bee Speakerof our House of Representatives. [dr. C.F Adams hasalso been spoken of as likely to succeed his father; but until very recently he was a resident of the Suff lk district, and one of the representatives of Boston in the Legislature, though he may now be a resident of Quincy. la many respects he is a chip ot the old block, be- ing able, learned, vehement, and energetic as destiny. At ail events, there are indications that the Norfolk district, unless men’s minds should remain sobered by their loss, will soon be the scene of very animated funeral games. _ The Mexican projét excited less attention than it would hed it come a week sooner. There are two opinions rife on it. The first is substan- tially that given in the Herald of the 25th, to the effect that Mr. Trist has ail along been acting under the advice and support of Mr. Polk, who has been famous for being ‘‘captain of his own ship;” and the second, that Gen. Scott and Mr. Trist have acted under the advice of leading whigs, and defiance of the administration Certuin it is, that for more thaa a month past, in- fluential whigs sere have predicted precisely what has come to pass. We are ail glad, how- ever, that peace is so likely to return, democrats as well as whigs, though some of the former ave feartul that Mr. Clay will be the gainer by the cessation of hostilities. : _ Speaking of Mr. Clay, Iam reminded that the idea has been started of inviting him to visit Boston. As he reads the Herald, permit me to say to him, that if he should come here, he will have such a reception as has been awarded to no public man since the visit of Lafayette. All will be glad to see him—political opponente, not less than political and personal frieuds. Boston is certainly as deserving of his favors as Pnila- delphia; for where have people stood by him more faithtully than in the capital of New Eng- land? He should come, if for no other reason, to see how we have gone ah‘ad since he was here last, and to satisty himseif that democra- tic ascendancy in the nation has not quite ruined us, the grass crops of our streets not being so eroductive as 1s commonly supposed by people living at a distance from Boston Common. The man Jewell, who has been committed on a charge of rape, has more sympathy expressed in his favor thaa it was supposed could have even had an existence. The pointed testimony of sv eminen: men as Drs. Chanaiog and Smith, has all but broken down the evidence ot the wirl he is charged with having violated. At first, opinion Was very strong against him, as was very natural under the circumstances. Some twenty ot our clergy have put forth an address to the public, requiring the adoption of some means to put an end to the licentiousuess which now prevails to an awful extent in this city. T commend the document to the attention of your triend Greeley, who 18 80 anxious to have a law passed ia New York against adultery. Our laws against adultery, foratcation, &c , are very stringent, and rarely a court term passes without witnessing the trial of some poor crea ture for one crime or the other; and yet, so ut- terly useless is all legislation on the subject, the reverend clerzy have to come forward, espe- cially, and pray us to be up and doing, by moral means, to prevent Boston from becoming a New England Sodom. Al! legislation on the subject must be of pernicious result. Some three years since, a clever satire was published here, bein, an imitation, or continuation, of the celebrate “Devil's Walk.” Satan comes to Boston, ond being naturally drawn to the lew courts, he wit- nesses the trial of aman charged with adultery. He is hugely tackled at the spectacle, and bursts into a hearty laugh. On the cause of his diabo- lical majesty’s mirth being respectfully inquired into, he graciously replies that he cannot but lauga at so great ‘a farce as the trial ot a man who is guilty only of a weakness which has been shared by the spectators, the lawyers, the Witnesses, the jurors, the judges, und all. Alter making due allowance for poetical exag- geration, I think the satirist was not tar out of the way; and | am certain that it any one were to write a scandalous chronicle of our city, he might get outa work as racy as the Decame- rox. All the laws in the world cannot reach the root of the evil, and I oelieve the people of New York are too intelligent to import a system from us which has proved a miserable failure, and which has had no more eflect 1 putting a stop to lousness, than our anti-license Jaws have n8. putting u step to the eof jiquor, Which ie now vended among us in ae lorge quantities as ever. H 3, 1848, War Inteliigence. EXCITEMENT IN THE ARMY. ee, the National Intelligencer, March 2 | A private letter from Mexico, of the 13th ultimo, states that the news of General Scott’s suspension from com- mand, and of his intended trial, was just received, and had caused great excitement both in the army and ameng the people. FROM VERA CRUZ (From the NO. Picayune, Feb. 24 | The steamehip Globe, Capt. Wright, arrived early yesterday morning from Vera Cruz, whenoe she sailed onthe 17th jnst., bringicg two days Inter papers fom Vera Cruz than those received by the British steamer Des. They do not contain a singls item of interest, and no Inter intelligence frcm the city of Mexico than pre- viously received. REPORT OF TAMPICO HOSPITAL. {From the N. O Picayune, Feb. 23) Report of the dissharges end dusths of ths United States Army, in the department of Tampico, Mexico, months of November and December, 1947, and for January, 1818 :— Woodlan 4, priva' Loulstana Voluateers, diar-boo, Nov. 24; Morris. private, Louisiana Volunteers, gastritis, 24th; 8 Martin, private, Louisiana Volunteers, yellow fover, 2let; Maurics, private. Loulslana Volunteers, di- arrbos, 5th; Curtis, sailor, United States Marine, diarr- baa, 9th; 8’ Eckert, private, 34 Artillery, yellow fever, 16ch; Smith, private, Boyd’s Volunteers, yellow fover, 2d; Rogers, corporal, Boyd's Volunteers, yellow fever, 17th; Slenut. privats, Ilinois Voluntesrs, foot, typhus fever, 21, James Welsh, musician, Illinois Volu » | foot, yellow fever, 24; J. Thomas, private, Hiia ia Vol- ‘unteers, foot, typhus fever, 2d; Thomas Spencer, rer: | geant, lllinols Volunteers, foot, yellow faver, Sth; Ben jumia Blunt, private, do. do. do. ott; Joh Morsil, cor- porl. do. do, do. Sih; J. Simmons, private, do, do do 9ch; W. Herman, private, do do do. 10th; Gaorge Birhop, private, do. do d>. typhus fever, 10th; Fredn- rick wall, private, do. do. yelluw fever, 10th; F vate, do. do phttises pulmon, 14th: Ribt. Brasil vate, do. do. yellow f-ver, 16th; Curlle, private. do do. ebrictes, 19th; J. Ehompson. private, do. do yellow fe- 4; Joha Erbert, private, do. do yellow fever, Jobn Cusen, pi do. cholrra morbus M. Bruslin, privat 29th; jo. do yellow fave 26:b; , E Adama, private, do. do. do. obolera morbus, 29th; 2 rivate do do enteritis, 29tb; H. fngb: do do, enteritis, 29th; Ichenberg. private, Louisiana Vol- unteers, gastritis, 26th; © Maley, private, Louisiana Volunteers, diarrbcos, 26th; N. Rawiing, private. Illi- nois Votunteers, foot, diarrbces, 18:h; Hoplif, private, 3d Arillery, dysenteri 1; Jamen Fanougy, private. Louisiana Volunteers, peritonitis, 29th; Hugha, private, Louisiana Volunterrs, dysinteris, Deo. 4th; Brown. pri- vate, Louisiana Volunteers, enteritis, Doo 10th; Teh- mer. private, Boyd’s Volunteers, enil-psia, discharged Dee. 16.h; Walker. private, Boyd’s Volunteers, cong-e- sive fever, Dee 18:h; Murray, private, 10: Infantry, pneumonia, 224; P. M. Hovey, private, Illinois Votun- teers, foot, rheumatism, discd: 1d Dso 34 D Mooney, private, dv. do do diarrbms, died Duo 34; Benbart, pri- vate, do. do. do. hepatitis, 4th; J.C. Sawyer, corporal, do. do, do. ioterua, 81h; Perber, private, co do d>, debilitss, 19ch; J. Phillips, private, do do. do debilits 2QInt; Alvorel, private, do. do. do. phthisis pulmon, 21st; H B Enos, private, do. do do pneu monta, 25th; T. F Patten, private, do. do. do. de- biiitas. 25th; McMullan. private, do. do do diurrhoss, 26th; H. Sauford, private, illinois Mounted Volunteers, enteritis,§10.p; I Giffla, private, Leuisiana Volun- feos un ia pulmon, 12; Casey, private, 34 Artillery. Jan. 12th; Bugowe, private, do do ulvers. discharged Jao. 19tn; H Mayer, private, do do. debilitas, ais- oaerged 19:b; A. Hooper, private, do do debillt Fahart; discharged 19th; Woize, private, Illinois Volusteers, mounted, divritces, died Jan. let; Purail, private, do. do. do divi: Gibbons. private, do do. do.. dy- senteria, 13th; I’. Reynolds, private, do. do do. debiit- tas, discharg +4, Jun 19:h; G A. Weight, private, do. do. do. uloerated legs, dischsrged 19ch; Boseman, privat do. do. do., debiiitas, discharged 19:b; T. Creesup, vate, do. do. do., debilitas, discharged 19ch; E. Hill, pri- vate, do, do, do., epilepsia, discharged 19:b; Hudgins, private, do. do. do , epilepsis, discharged 19th; ‘fT. Mu! lins, private, do. do. do., debilitas, discharged 19te; T. Pool, private, do do do, debilitas, discharged 19th; J. Decon, private, do. do foot, dysenteria, died Jan. 10th; B. Els, private, do. do do., diarrhces, 12th; F. Elis, private, do, do. do, diarrbes, 24th; 8. Berry, sergeant, do, do, do* dobilicas, dischorged Jen 27¢ Davis, pri- vate,do, do do, debilitas, discuarged 27th; J. Baker, private, do. do do. valnis sclopit, diecharged 27th; J. H. Boralin, private, do. do.do debilitus, dis 27th; J Fiint, private, do. do. do. phthieis pulmon. dis 27th; J. Cayler, private, do. do do. debilitas. dis 27th; McMillan, private, do. do do. devilitas, dis 27th Dickerman, private, do. do. do hernia, dis. 27ch; Gui private, do. do do. hernia, dis 27th; Olmstead, private, do. do do. nia, dis 27th; R 'T. Towns, private, do do do. rheumatism, dis 27th; W. A. Safford, private, do. do. do. hernia, dis. 27th; A. McGregor, private, do. do do. hernia, dis 27th; Bennett, private, do. do. do. debilitas, dis, 27th; G D. Roberts, private, do. do. do. debilitas, dis, 27th; Keessich, private, Louisiana Volunteers, (dispepsia, died Jaa let; Tomkios, private, do. do. bronchitis, 3d; Hamilton, sergeant, do. do. enteritis, Sth ; Williame, private, perecarditis, 5th ; Schutz, private, do. do. diar- rhe, 29th. Note—Daring the months of September, October, November, and December, there were 395 cases treated in the Ciyil or Charity Hospital, out of which number 143 died. Many are broughs info hospital in « dying baa 81 ‘casee of death occurred from yellow fever. C,H, HITCHCOCK, Acs’t. Sar. U.S Army. Medical Director Department of Tampico, Mexico. Misce: ‘The Prince E4ward island: rs have determined to pro- hibit the exportation of potatoes from that island, un- til the first day of August next. A resolution to thie effect has patsed the Hours of Assembly. According to official statements in relation to the im- migration to Canada and Nova Scotia, the increues of the first six months of 1847 over the same period in 1846, was 57,000, and the total number errived up to October 16th, 1847, was 92,000, of which 15,046 had died. The cozsus of Iowa has just been completed, and the whole population is 116,204, Mrs, Simonds, of Cincinnati, whose death from chlo- reform has already been noticed, wes made the subject of @ post mortem examination. ‘The system of the de- ceased was found in o healthy state, and showed no in- dications of any disease that could have caused her death.” The trial of Rev. Mr. Groescup, at Canandaigua, for seduotion, has, it is said, resulted in a verdict of convic- tion, the jury giving # verdict for the plaintiff of nine hundred und fifty dollars. Five or eix inches of suow fell in Portland, on Mon- day and Tuesday, which the Advertiser says, gives pro- mnise of avother epell of good sleighing. The firet train from the East, on the Maine Railroad was thrown off the track in Charlestown yesterday morning, by the breaking of a ehaft. The engine and were much damaged, but the passengers escaped iejury. The engineer had his hands scalded. —Boston Whig, March 2. Masons and carpenters must have a busy time this soring if nobody else. The burnt distzict alone will keep them on the wing for two moaths. Jt is the inten- tien of most of the owaers, to have the whole block re- built, io time to take possession on the first of May Gat out your trowels and hand saws —4\biny Knicker= bocker, 2d inst. ‘onceny —Yesterday morning Harrison T. Wheeler. was arrented upon @ charge of forging » check for $415 75, ia the name of Jonathan Mason. Ho parsed the cheek some days ago at the store of Palmer & Batchel der, in payment for a gold watch When brought before tha police court, he waived an examination, aud in de- fault of bail in $1500, was committed for trial. In 1844, ho was sent to the houses of correction fur forging a check for $405 in the name of T C. Amory It ts suid, that he had recently passed eevoral forgod cheoks,-- Bus ton Post, March 2d The new hotel near Pawtucket bridge, in Dracut, oc- cupied by Mr. Goodale, together with the stable and outbuildings, was totally consumed by fire on Saturday night lest.—Buston traveler, A flock of thirty six sheep, fattened on a farm fa Coble- skill, Schobarie connty, the past reason, were sold a fow days since for $289 —about $10 56 per head! The citizsus of Lockport have subscribed about $ 000 to consiruet @ plank road from Lockport to whut is called the Buffaio roud, ator near tue Transit House in Amherst, The canal is in navigable order in the vicinity of Lockport 3 ‘A vessel is loading at Albany with ics, for New Or- leans. tue Prestoent.—Seth B. | the tand office at Dixon, Tih. moved George MoHenry, receiver of public moneys at Duduque, lowa, vice Ste- phea Langworthy, removed. Georgi re-ap- pointed receiver of public moneys at Helena, Arkansas. “Albert Gal atin. APPOINTMENTS BY orwe'l, register ¢ nois, vice George Mixter, 1rOR— uid appear by Mr. Albert Gallatia’s remarks on item of this Stat dressed to Mr. more, in his offivial capacity 2s Comptroller, that he ia- bors under some false views 0 the people of this State not understanding their financial system—although be admits the fact thut b+ has been councoted witn the close movopoly system for the p fifty years. [om prepared to show that such persons, drawing ali thetr Views from *xtecnal appearances, not possersing iaternal knowledge, aro by far the most dangerous persous we e in tha community of circulation of twenty dollars require no deposite mecu- rity, as such bills oply fall into the hands of parties in the close monopoly combination, and thet they are rut ciently informed to protect theie own interest. He thou regommends a prohibition of the issue of bills of the mination often dollars and under, Who ev: or he of bilis of the denomination of nin: teen doliars for a cireu- lating medium! And egain, as to the learned faancier | having for tho past fifty years been in the employ of | close monopolies, not to have known that by the jaw ¢f this State, no foreign State monopoly bilis under fire dollars are allowed to circulate as money in this State. Would it not be advirable firat to carry into «fet our | present law, before we make new ones, to suppress the | Aseue of small bilis by our insti:mtions, giving security for the redemption of the same’ | ly think that the gontleman’s remarks are rearcely worthy of notice, after 0 much has been said on this subject, and printed too But further, ho appeals to the constitutton of (he United | States, sa to gell cud eliver helms the only legal tencer | ja payment oi de Does no Sapetumens also ray | that no State shall issue bilo of oredit, particularly ae | | for a oiroulating medium! em, ko, Pusuiue, | Mr. E It the banking sy He goes on to state that bills | P ed Whestyics! an? Muplent, Pank Tuxarne —Tho svowy, disag ble weather last night bad some rffect on theatre going folke, as tho Park wes not on well attended as it might have been; still there war quite an array of beauty and elegance in the dress circle, and the pit wes quite full. Those pre- rent were well rewarded, as the ploy of “A New Way to Pay Old Debts” was performed most admirably. Boota, as the wily Sir Giles Overreach, was Booth indeed—we do not remember ever having seen this diffleult cherac- ter better performed The scenes between him «nd Mer- all, and the whol» cheracter,in fact, show that Booth’ title to the highest rank a3 an actor is indisputabl Bass, a8 Marall, the cringing, false attorney, acted well; but we must say, we thought the closs of the scene be~ tween him, Lady Allworta, and Welborn, war a itttia overacted—we allude ta the leave taking —but otherawles he wae very good, particmiarly whera sir Giles rofases to believe hia atory of Weliboras alt-red ciromastans:s Dyott, as Welldorn, and the rest of tho chary r all weil filled. Tosca steritag play, acted asit was last night, bri palmy days of tho dram’ are not yat all past and ¢ Mr and Mra Brougham in the provalnent ohsract concluded the eveniag’s amuazements, Brougham is as jovial and light hearted ea [risumya #9 rver, aud the beauty and grace of Mra B as unfading aa aver, To- pight Booth epprars aa Othello, aud ir, Beoacham as O’Caltaghay, in His Last Legs? Bowrny Tuearne.—Notwlibstanding the extrem severity of the snow storm, lust evening, the “Stranger? was performed here before a crowded house. This truly affeoting piece, both In plot and design, never faila to draw acrowded sudience, or to awakes the liveliest ympathy in those who witness its performancs.— Represented, therefore, by a highly talented onst, itis always calculated to touch tho finer springs of feeling; presenting am it does, mony of the leading traits that tuch to existence itself, acd come home to the bo- som of many a“ weary pilgrim through life's jour- ney” Ia such hands th of Mrs Shaw, Mr. Marshall. Mr. Clarke, and the very excellent cast elected for ita presentation last evening, this soul tough- ing production, from the pen of th celebrated Kotz-bue, had. therefore. a very thriling effect witnin the walls of the Bowery Mra Shaw’s Mc Haller drew forth * tho melting tear” from mapy an eye duriag the perform- ance Her extraordinary mastery over the feelings of er auditory, showed the great suoeriority and ex: lence of her acting [In the concluding sooue, the inter view wih tho Steanger (Marshall) hee husband, on bie exhibitiog the caskes coataining the jewels presented to her on their wedding day, we observed many of the audi- ence in tents, Her noung here was a highly colored pic- ture of subdued treling aud deep remorse for past error. ‘The part of the Straog-r by Mr Marvhall, was perform- ed with muob nbility. displaying an ease aad natural- pees, that mate the character by himaa excellent per- formsncs. Mr Clarke’a Baron Steinfort. was, also, well sustained § ‘To-night “ Love’s Ssorifica ? will ba per formed, in which Mrs. Shaw plays the character of Margaret Elmore, A jim house will, coasequvatly, greet the enterc-inment of the evening Cuatnam Tueatae —This beautifal little theatre, which is now on » par with the most fushionsble houses tn the city, in poiut of decorum, elegance and neatness, is nightly attracting all the respectability of that popu- loua neighborhood Not as formerly; people can now en- joy the rich and varied entertainments preeented to them, without noise or interruption—the character of the audience has become so much more select. The Chatham is sure ot a successful season with its prerent management, Last evening, four highly acusiog pi were performed Mr. Walcot and Mina Clarke, in “As- modiur,” regs ived, ia the plaudits of the audience, am- ple testimony of their satisfaction with their acting; and we noticed @ new performer, Mr Varry, who, we should say, was 4 highly promising actor. Ia the next piece, Mr. Wolsch wan extremely amusing, as “Mr, Oblivious Top, and his performance with Miss Clarke, in the “Object of Interest,” was exceedingly laughable, and that of Migs Clarke, as “Fanny Gubbtes.? equally so. ‘The whole concluded with “Matteo Falcone,” in which Mies Denin versonated the leading character. There is a splendid Dill for thin evening—all now pieces: “Who's the Com- poser,” “Grist. to tho Mill,” and ‘Agnes De Vere,” in which Mr. Walcot and Miss Ciarke will appenr, it being their fifth night. Cincus—Boweny Ameurrneatne —Tho brilliant and dashing feats of the graceful equestrians, and agile gym- naste, attached to this house, the amusing pantomimes, scularities of the clowns, and regular breakdown cing of the negro dancers, are just the thing to tickle the fancies of the audiences Stace Burtiss aod bis co- | adjutors, in the management of the amphitheatre, ha taken bold in right good earnest, they must have mad money. a8 crowded houses wre all the fashion with them. There is a fine bill out for this evening. To-morrow, thers will be aa afternoon performance, as well as an evening one. ‘The first tekes place at 2 o’clock, and the latter e¢7 P.M. Cunisty’s Mixstress.— christy and his men will be- come famous for evermore, x8 tie wot triumpaant and nucceseful band of Ethiopian minstrels that ever sang @ song, or pi ed on the banjo and bones. They improve, it bt very week, or ratber. they find so many new nd beautiful songs each week, that their entertaiaments are each eveving better and better. They have now be- come one of the standard amuremente of the olty; as much so a8 any other place of public exhivition. Last evening, after their concert at Mechanice’ Hall, they were to sing at the ladies’ fair, which was held at the Colizeura, Broadway. Patmo’s Orena Hovse.—This houre is open every evening, and exhibitions of Tavieaux Vivante are given nightly. Broapway Opnon.—Greely wishes to have nothing but deli and modest tubleana at this house, and takes care (hat they chall be so. We are glad to see that he does not offend against public decency; for at some ea- tublishments the Model Artists are perfect nuisences. (fTawernacus —Last evening, the grand complimen- taty bopear cl aoa and miscellaneous music, pre to the Rev. Moses Marous, was attended by @ highly respectable audience; but, in consequence of the incls- ment weather, it wa! cipated. Previous to the commencement, Mr. G Loder announced the indisposition of Messrs. Manvers and Artourson. ‘The Sacred Aria, by Mra. E. Loder, was readered with such sweet, round tones, and beautiful a that the audiencs gave marked testimony of probation. Mins Brienti, ia-" Eve’s Lementa- tion,” was happy aud effective, and Miss Kirk! in “Rejoice Greatly,” was unanimous'y cheered. Her yoios is a aweet, but delicate soprano, and her exeou- ; tion is exorilent. ‘the “Faotasia Caprice,” on the violin, by Mr J. Barke, was given with asweetness of tone, exquisite taste, and brilliant execution that drew down reiterated cheers The scons,” dil idea che in giorno +ma,”’ by Miss Do Luce, was excel y Leach also acquitted himself very respectabiy. But we must not forges the charming littls amily, tne Apollo- eons, whose science and eplendid execution on thelr respective ivstruments, equal artiste of greater charac- ter. Weregret that ths weather was 0 inauspicious, as, from the attraction of the evening together with the esteem existing towards the Rev, Mr Mareus, by his numerous triende, hadit been a fair night, the Taber- nacie would have been crowded, But we bave heard, bis friends intend, on a fucure ecoasion, to repeat the concert, when ws hops his personal worth and virtues will receive a steriing testiraony of pubitc approbation. Minerva Rooms.— joncert given last evening. by Mies M. lL. Marius aad George A Hoyt, graduates of the New York Lustitution for to Blind, was slimly attend- ed; but the respective tongs aud quarteites were ren- dered in a very pleasing and srustic manner, which reflects the groatert orecit on th ir imatructors, and tue institution in wisich they were educated. Jaisn Evenines —Thie evening, Mr mond ond bis jalented farnily, will, for the last time, give their very delightful entertainment, vi The Musical [ris Evening” Wo buye already, on various occasions, auticed Lae very pleasing and a fs nature of there eveaings. Loe delightful yoises, and instra- mental performances of Mra and tae Misses Malone Raymond, the true wit aod admirable way ia which Mr, MR briogs out the siory, auccdote, joke, and good ings of bis countrymen the genteri and refined q@auner in which the whole e:tertaiament is carried out, give it a standing which ought to muke ft one of the moet populsr resorts ia the city, As this eveving is the lest one of the Irish evenirgs, those who bave not as yet attended cne, ovght to do au to-night ‘They will certainly bs pleased. Vincixia Haamonrsts —This band of singere are giviog concerts at the Alhambra every evening The entertainment is interspersed with dances, tableaux *o. Faaxxux Tueatax Reviyen —We learn that this once popul eof amussment is to be revived neat week under the management of two gentlemen cf the atrical experience. It will be opeord with dramatic aod meicdramutic entertainments, nnd will not be a scone of model artists in any ehepe. i Mextixo to Estamiisn a Tararsicat Fexo.—We learn. that ® meeting of the leading actors now im he city, was held ot the Aster House yesterday afterno. BD, for the purpore of making arryngemets f= (he coltect~ ing of o theatrical faad, nod obtsinigg su act ef inoer poration. ‘Thomas Barry, ot the Park theatre, was in the chais. Chere were abows lemon present Tho meeting a/jourued to Menday nes ApeerHia—ANOTHER Trrempr Northadmerican of the 4d fo srformance Of Lucia di Leimermo yfoot triumph. Bireacciancs ts ail ; Benodett sang aa never before hos hoard ia our eity, and Avigoone is th Malone Ray- tenor singing | fadeod a splendid baxivone, with the exception of the natural (remulo of hia voion.”? \rouoxroxs.—Tacto interesting and aconsptished thin eve- Juren, give thelr Inst cones niv; Li ste patronage, theee juvenile artis should 1. port commensurate to their splendid sbiities aa must cians and vocalists. Lhe ladies cf Brocklym will be de lighted with the exquisite touches acd excellent excot tion on the piano, by the harming little Amus Marir, Raut Mav River ann La O, Jowrnat ot shat plored tt foe t Wit? bev ben & Will bg floiebed to June, should a ince ligencet : OAD. The Deytou about ob arenowom *