The New York Herald Newspaper, April 29, 1851, Page 6

eee, Ss MATTERS IN THE CITY. nennnnnnnen ‘The Ladic# Home Missionary Soctety. ‘The eighth anniversary of this society was held fart Tuosday evening, in the Methodist Episcopal churof in Seventh street. There waa a very large audionce, both male and female; the ladies, how- ever, were the moet numerous. The Kev. Doctor Bunge prosided, and opeved the proceedings with prayer, invoking the blessing of the Almighty on the society and those emgaged in it; after which, a hywa was sung by the choir. ‘The Secretary them proceeded to read the report of tho society, for the last year, from which i ap- peared there were six missions established in the city by the soviety, the most interesting of which was the one established at tho Five Points, and the other amongst the German population. ‘The report stated that these two missions were in a flourishing state, as well as those which wero established in other parts of the city. In the mission in Sixteenth stroet, and at the Five Points, Sunday and day schools bave been established: large numbers of children frequent them, and many conversions are made Some of those missions (a) aadings in parti- cular to that at the Five Points) are in the midst of PFoman Catholics, and require a great and abidin, faith to sustain them. But it was otherwise wit the German mission ; that gives the soviety unmixed pleasure, for both the teachers and scholars in that mission evines the deepest sense of religion. On the other hand, the mission on the Fre Points presents scenes of the darkest misery. The people of that locality are so sunk in degradation that buman nature cannot sink below it. The report then went on to state that they were not without hope; even there they shed Sunday schools ia Little Water stre nt found that wee ly training had not th red effect, quently » day school was estab! these. schools were established, was casting pearls before swine the commencement we found the disorderly, yet, after some tim but sot without trouble, they bee amd now, generally, behave as well as other boys. They have also established a temperance society | amonst them, and seven-eighths of “Hho too the pledge have kept it; but the g difficulty they found in bringing about a refv t those people, was in finding cm bei. An in which establishment, however, has been formed, between fifty and sixty males and fe! $ are ployed. ‘The report concluded by stating, th sicady employment could be procured for this m degraded population, there was no doubt they might be reformed and made good members of so- ty. Tho report also stated that there were 187 officers and tesohers and 1,564 scholars in all the surer’s report for the same period was then read, by whichit appeard that the expenditure was $1,781 G7, and the receipts $1,311 7), leaving a balance in the treasurer’s hands af $30 4. After the reading of the reports, a hymn was again su The Rey, Mr. McCun.aan’ tl °F hen made a very eloquent address, in which he urged the audience to Sustain the society. Ho said that great cities have not only a great many social discomforts, but they are the great centres where vice, misery and degra- dation abound; and he had no doubt but there were some missionaries in thie congregation who knew more shout it than ho did, and who could stand up there, ud from their own lips give a simple state- ment of facts that would be much more impressive than avy speech he could make that evening. said be did not know who was the first who started the vig 8 of attacking the might be ranked am achievements of the day; ‘but ev lady that first thought of attacking this stronghold of the devil of all the places in the city of New York or in the United States. This is ¢ ress the devil bas, and s0 aband it was so not long ago) th: to the citizens of Broadw: of it, as any place inf lest made in the wall, ar mine bad also been spr that before loog the w down altogether. It was of the fi Sustain this soviety, when it is there are thousands, nay, tens of x reat city, at our very doors, who utterly lark as the heathen who never heaid of the gospel or the mame of Jesus. Tho Rev. Mr. Fosrrr next made a very eloquent address to the same purport; alter which a collec- tion was taken up and the meeting separated. test modern d it was a the gre i not know but a . and he hoped would. topple The Second Advent Convention, THIRD DAY. The proceedings opened rayer by brother Wire Mr Mansa moved that the draft of the address be sent back to the committer, for reconsideration. Mr. Mavnias made some observations in regard to the report in the Heraid. Thero were, he said, some views of individuals set forth in the report, which the conferen id not sanction; Lu! this conforvnee should act regard- lees of the opinions of ci vidual or individuals. Bu sidered respectable alton quence to (hem; they wer even if they were not ¢ it was of very little eo discussing a rubject that con- cerned the welfare of manik!nd in which every indi- vidual was concerned. They were of the class which belonged to the Lord, and they could not be silent, nor would they gire any rest ¢ Was fulfiiied. The + comment on the propiecy Jerusalem, {Here the speaker was eu. being no question betore the m-« t and tract enterprize k on that sutject of a committee in r thought the couferer ttemts gud distribure ability A Mrmece kaid he wa Wouted was the besrty aod the prayers of the in earnest about it wus the way to ack (he coaference y Manan said—he we well u 1 Hi quence of any difference cf merely Wirhed to throw cot He wished | ey wanted trac them, "lo oly w tiem wow {iow + brother had the privilege of distributing Ubem ae he th who knows any (hing of the fact. Dir. Maris t by their au! hors of the confide nce of ney, he to ver rr) t Unie was 9 con caMBDON Cue applied. Where the breth actdieh them in ti wheees they all agree, tet meat of the body 1 hay koe Hf romething cannot | object. Now, if th hye, Bot n org La (eke root im the mim regard to tbe tracts, to j They will be amenable just as priv regard tothe tents, if they sr will they be? If they are tained by A whose property will they be! (A voice Ji wae created by the money of o1b ple hen, be would . dors it belong to, ant to wh the cecupier of it be amonable ! 1 betongrd Co (he common ext t that something could be done, and ¢ joeetber, They want « fund—they could nwt ¢ tit. There was semething of thi« kind 2 er, and be thenght that something of that kind might be dowe bere Aithough he was opposed to yet, from the ru law Of ne conaity V0 raise the funds: but it should be by com: ate indiv it Orpa nian’ i EN conse ul Jiere the addres wea taken wp, and re Mr Maveras mo. J that the sliue to Brot Dor hud the words, “tell it uot in Gath,” &e.,abould be ont ineran anid it was ot idl in the hands of the com- Hd iC comid net be objeeled to untid the reading Woe fini hed. Mr Maviras omid it was to be read by metions, and he thought that as otyections presented themeel ves to any of the brethren, 1 was no Uuparlinmentary to oigect to sm ot Custeunns vend teat when each page waa rend, page ehouid te adopted aod made the the conference ehowid be Bir Darvas objeeted to the perconal trcen (ime of the brethren being | taonght (bose difioutties shoul not be dragged into th» report, sud the confirtmee Mould remember that if thia section ie adopted, thie coutention esaumes the diMeul. tes ond controver: ies between there fad'ti Una! Mr Jv oson said be aid not uederetand that the amobroced a0, thing eaceps the reasons for th call 6 covert thought the proposition contained yond the fact that they calied the contention »ahow (hat (be brethren conid wet in union Ms Manse called for the reading of the section gue wod now nowt He | Five Points, but it | ons Or reporters, or of any indi- | hy sections, | property of TA wae then moved nnd seconded tbat (le first section | ‘They did not want to press mattery to extremities, but to act in union. A Baotrirn, whose name we did not learn, asked, did not ‘Mhas tb: = Ty ‘woulil go abroad t0 the world that there was union aad between the breth- ren. ’ v faid, “sof words turn away wrath.” He hoped isoussion weuld be carried on with good tom- Sas ag ree ‘said, though there was some confusion [ARoet , wwobings in his mind it did; and be be stricken ont, and thad . Rew t — yo of cingetion, © and Solna, et broth: very’ was carried on feet g and theve Ges bat an inter- 2. t that the words be stricken out, whieh was carried. reading was then proeseded with, aad the firmt section 4s amended. The next seetion wus then Th was adopt read, and adopted withowt am ny The next section wae then reed, and Mr. Marttas moved thatthe worde “ asumed leadership’ should be strickem out. The motion wae put and host, and the section was ado In the next seetion, the allusion to the “shut door doctrine,” j iller, waa objected to— y of the present day did not sail under the eolors of Brother Miller, while ler was the re of the present day. A Brother, whose name we could not find out, said the object of the clause was not to offer any disrespect to Brother Miller, but to chow that they stood on a broader platform than he did. The Bible was their platform, Mr. Camrwets said he hoped this matter would be dis- cussed in a manly and Christian manner. ‘A Moosumen said they were charged with impu, doctrine of their elder; but ho wished it might stood by this conference. and that it should g: that they did not impugn the doctrine of th but they stood on a broader platform than he platform was the Bible. of the advent people Mr. Keep corrected himself by saying that in what | he had said rday, ho w y tO be understood as | to the pe he ¢ hundred days ining the shut-door longer; but ulti- ords out Was with- zed for jotion to strike section ad¢ d r yuence of the expression ‘in one of the sections. (The sections numbered, we cannot point them out.) “l to it, Maxsn called for tho reading of the section again. Toxxer moved that a reference be made to the lic document that was published when the ent doctrine was first started | It was | should be read ‘Tcnnyn then read the call of a meeting held at | Boston, in 1840. | It was then moved and see | be appended to the adress, wh led that th: ch was earri nd ‘The dis- cussion then dropped. and the on was adopted. | Here it was moved and seconded that the remainder of the address should be read ax one section. Mr. Mansn obj | tions. at the cone to @ quotation from 1 Revela- a of the address. a xe between brothers Judson, | Torr nam, Ma. Delandiier, and others, in regard | to the words cbjected to, and was carried on for a short Mir. Ternrn said he thought that if the sentiment was expressed in other words there was no one of the brethren who would object to it, AN they wanted was the soul of it. L of the brethren give the soul of it. in Lis own words. and they would adopt it. ‘The motion to +trik offered by Mr, Jones, wes adopted im 5 was then adopted as a whole, taken fortwo hours, | AFTERNOON SESSION, | At assembling in the afternoon, the seesion was com- menced with » prayer. and an amendment | itsstead, ‘The add | A recess was ne id, if there were any other busi- on, it should be taken up. Carma ceid the unfinished business was the tract and tent enterprise, Mr. Manrsm said he wonld be glad to offer some ex- tended remarks on the state of the cause, but their time was taken up, and he hoped more profitably, by other matters, which it put out of his power, at least, to inske such remarks as he wished. Me said there was doubt that they had their trials; and the trials noW experience are not ter than other people have had to deal with who went before them. They should remember, and not be discouraged. that God's people were at all times subjected to trials and ations, and that it was through suffering they ached the geal after which they piney It was their to be found in the couneil ef God—to be found at the feet of Christ et us, therefore id be, not suppose that we bave learned all we can | in the school of (Christ. And be would say in conclusion. that the events now transpiring in Palestine were ep interest to him, brethren and sisters; and without ing to say anything definite on the subject, he upon the events passing there as indicative that the great dey was at hand, and that tho promises of God | Were about to be fulfilled. He had looked the subjeet over, | end be found Unat the rain had been withheld from Pa- | lestine up to 1844. and that the bills and vales of that land | were berren up to that time; but within the last two years rain hed fallen. and Polestine again looks beautifal. | Frem theve cireumstances he believed the great crisis was ot hand. and that God had remembered hiscovenant with Abrabsm. He concluded by praying that God might bless them and bring them to heaven. A resetution to the following purport was then read. to | wit :—Thot the convention was in favor of the tent and tract enterprise; yet they would not use any dictation, but let the brethren net’ in relation to these matters om their ewan reeponsib Mr. Trrsrn ruid he tose to make some remarks this | morning on the subject embraced in the resolution, and now soy that he was of the same opinion that he arid he would ask how this convention could 1 ise on individual respon. responsible to each action It there- seems to me, thot we are one in this convention, Iso that we are one in conveying the word of God rs. Itseemedto him that we should make this | rise our own. Dut there were a creat many of the | brothers who had written tracts. I write tracts; Brother J writes tracts: so does Brother Marsh ; but ua- ately the br y ts are so shaded by id th y expect t G Let us all write what we can—plico her. and let our brethren have little time need [be put and cai e convention would take 1 meeting of the oon- ng was usus held in the iu Poston, t have action in regard te Their annual m f Muy. in ewch yea ant he naw «of the times, to ston mad Advent tnt com. tiow at Boston y Ne owed him , ¥; but the convention did not themselves bound Ly any thing he raid = ived. That the views, as presented by Br m the 2500 days, are not the sentiments of th huembers of this convention, but are peculiar to th tb Adopted The convention then In the r h i torer. of Phik nh Turner. No addition to the word “Amen 1 the believers in the id Advent to express their approbation of the ep sentiments } Cowt of G Defore yon the ¥ y procured the return of goods. It wre anid by * cireuniat hin a oner which mad nm of the Vxweut ¢ power, The p vetances allaled entenced Rogers to Ub Cows —Two Fronehmen, name: John B. Marehal. jr son, were placed at the bar. charged with cows, valued at $400, the prope milk 1 way. a ¥ ison, be tand a hap tember last im Un the night of the n War aroused by ® neighbor, w od him thet Iie cows were at large. Mr. Wilson this sone and on going out, the secused, who were neighbors of Mr, W vund driving off the four- teen cows w . Mr. Wilson's sone purened teem enttle. The Marchais | did not return to th until the next morning, when they were by the polies, who had. jin the meantime, to nid in the matt | The dete was that on the night in question, chil, who is a gardener, was awskened by « noise, whick } pros to be mada by a number of cows trampling around bis house ond garden. Finding that his garden waa greatly injured, the old man enlist hie sone, saying “Thi | ie not the firet time the cows have been in the jeurde and we will now drive them to the pound.” Acting thie: et: they were in the act of driving the enttle publie pound, when they were overtaken by Wile tefendants and their witness th folenee to them. his induced th chats elter purse of ® friend til jury retw & verdict of Cd were divehorged lrokirg —Williom Canley was placed on trial, charged with burglary in the firet degree, in felomiously | entering the premices of Mr. George D- Cragin, of No. 1@ | Stiliven street. on the night of the 28d of December, and rtonling therefrem property worth $144, consisting of | clot parlor orniments, and articles of household fernitere. Ttappenred from the evidence, that the ae. Teftrec? ond hia half brother. nomed George Hermance, fontoeed ath Pree 6% Inte Me, Cemgin’s house by removing 1 Sa rom gtusing 000 cont vault, Maving thus got | wisthiae tue bower, Une accttte, Ptoeceded 10 take posses not guil z another party insisted that the doctrine of Brother Mil- | lied that if the document was referred to, it | call should | it oul was then put and carried, | ™ ‘4 ho | witness: thas they (the prisoner and wit: glary ond divided the stolen the part of the defence, the accused acter, but nothing which went to contrevert the testl- mony of the prowcution. The jury returned a verdiet of » guilty of burglary in the ieeted degeea” Tho Court renteaced the oner to the State prison for five yuars. Arnit, 25.—Presentment of the Grand Jury.—The Grand Jury of the Court of Scrxsions made the following pre- sentiment at the close of their Lal for the A| term : The Grand Inquest of the city and county of New York would present to the Court, that the city prison, known as the Tombs, is, in its present condition, inade- quate for the purpores fer which it is used; it is, for ob- vious reasons, important that but one person should be confined in acell at the same time, instead of which, there ix now an average of two or more, to this crowded state of the prison, the keeper is unable to make | that classification of prisoners their cases im) for. Juyenile offenders, who are chai petty offence, aro placed under the tuition of old erimi- pals. under whore precepts and examples they soon graduate accomplished rogues. For the peace and safety of society, it is necessary that the criminal should be placed where society will be freed from his depredations. To accomplish this, the State has ervetid, at great expense, prisons where th malefactor is deprived of his or and compelled to labor for his own and the support of the State. Society assumes the right to go one step further, and keep in confinement an ignorant witnes# who might be tampered with by the tricnds of the prisoner, or abseond before the day of trial; but this eapnot be done unless in cases of extreme necessity; and when euch eases do exist, justice and humanity both require that he should have # pleasant apartment; he should be as well fed and as well paid as the keepers; he should have a library of choice reading; t Y hecensary ec infert, physical, moral, and at might help to remove the tediousness arceration, Instead, however, of any one of there privileges being granted to him, he is deprived of and compelled to associate with the most f his race—to eat the telon's focd—to lie on nd. what is worse. to be compelled, day fi mouth after month, to inhale poison of that dreadful place. | This wuisance has been frequently presented to the court, by former grand jurors, but the evil still eon- os h 4 dd to give, if possible, additional force to an ry presentation, the at take the Liberty of requesting your Honor. embers of the New official influence to vil removed. We would call upon his honor, the Mayor, to urge upon our city authorities the necessity of protecting in- witnestes, aud save those youths from the influ- ences that surround them, We appeel particularly to the humanity of each member of the Common Council, « means for the immediate removal of this moral —this curse and disgrace to our city. We invoke » nid of the press, to give publicity to the fact, that the evil way not be overlooked by the proper authori- ties. 8. VAN NOSTRAND, Foreman, B. Tavion A Sceretaries. Cras. 0, Leon, Grund Jury Rooms, April 25, 1851. Supreme Court—In Equity. Before Judge King Apri. 25.—Deniel J. Carroll vs. Charles H. Carroll and others —The bill in this cause 4 filed in 1546, by the plaintiff against defendants, for an account of the real and jarsenal estate of Charles Carroll. deceased, the father of plaintiff and ndant; and after making a variety of allegations therein against defendant in rel tion to his management of his father’s estate, in his character of exeeutor, said bill prayed amongst other things. that the said Charles H. Carroll might be removed | frem that office, and that a suitable person might be ap- pointed receiver of the personal property and effects, | nd of the rents and profits of the Feal estate. of the tes. tor. To this bill the defendant di rred for want of proper parties. Upon argument, the court allowed the plaintifl to amend; upon which an amended or sup- gi mental bill was filed, and all necessary parties brought fore the court; after which, defendant interposed a second demurrer, = the grounds of multifariousness, The principal ground, however, upon |. was the statute of similations. On or about the 19th December last, the case came on to be argued Lefore Mr. Justice Edmonds, when the demurrer ‘was overruled, with costs, and the defendant ordered to ‘answer in twenty days. No answer, however, has been filed, and defendant has applied for and obtained an order for a rehearing, at the cy omy general term of the court; but notwithstanding, the defendant, as the plaintitf alleges, has neglected to proceed to a rebearing. | The plaintiff, on the 2sth March, presented bis petition, setting forth the fuets ubove stated; and further, that no | inventory of the estate of his father has been filed by the executor, although some twenty-seven years have elapsed since the defendant,Charles H. Carroil. assumed the duties of executor; nor has any settlement been made or ao- count rendered by him as such executor, of said trust. | The petitioner then goes on to state that the defendant made sites of various parts of the testator’s real estate in the counties of Livingston and Monroe, in this State ; and in the State of Maryland, District of Columbia, and ph to the amount of upwards of © of various other sums which he re- other sourees, for none of which he bas given apy satisfactory account ; and amongst the rest, that be exeented mortgages to the Farmers’ Loan and ‘Trust Company, and to the North American Trust and Banking Company, for large sums which he received, ful Mistiaes ween f debts. The powers to mortgage or re nt of debts, Court will please to bear ip mind oot the bill alleges the testator's debta to be about $20 000, amd I do not findany denial of that allegation—and it is one of our complaints that we cannot = from the executor, altheugh wo bave been for five or six years trying to induce him to give it, what was the amount of the testator’s debts at the time Cf bla decease, although hi is very particular in telling us the number of suits in regard to them. Upon this point his statement is very vague; but at all events enough appears in it to show that these debts have not all been posed of, and that somo of them, at least, you remain to be paid. Now, the Court will see thut it is impossible for us to know exactly the state of the testator’s affairs at the time of his death, without knowing the amount of his debt: The charge in the bill was, that they were 350.000, and if that was not so, he ought to have denied it. Now. in regard to the excuse made in his aidavit, for not winding up the affairs of his trust. He has had twenty-reven years to do it, ‘Tho common law allows — yours, and ‘the statutes of this State only allow one year and & half; but, as I i before, he has had twenty- aeven ye fo it. and we ate, at the end of the twonty- even as fer from « settlement as we ever were, Now, let us see what is the exeuse given by the defendant in bis affidavit. Lie w 8 to gy ci tion to the will. accor to which n rest under it, ‘That quest Mr. Justice Edmonds. cad he came toa very ditferent cou clusion under the ecelesiaetical law aad tho statutes ef this Btate. Lrefer the Court to the revived puge B11, and tothe Revised VW to 23, and whieh but it is cnough for ovr p appointment he was cbarged w inventory within six months. matter will be furtber illustra in 2d John.’s Reports; end hes ral rule in this from the time of Swinburn down to the prerent tine, has been recognized by our courts, which is, that if the executor does not file an in- ventory. he should take good out of his ownestate any demands that may be madeagainst him; and the reason of the rule is that it will be assumed agaiust him that he had sufficient in bis hands to pay all demands, And here I would state, und «0 the law cousiders it, that all the money due xt the time was ss much assets as the rents and profits, &e.; and he states, by his affidavit, that he only received $1,660, and that the widow was en- titled to the whole of it. Now, there might arise some very serious questions here as to who was entitled to it. It may be a question whether it should not be applied, in the first inrtance, to the payment of debts, so that the excuse he makes, after all, amounts but to an as- sumption of power to determine the construction of the will by himeelf, and to set aside the law of the land, which required bim to file the inventory; and until he does £0, we cannot go on to settle this estate, He also states that he has been at all times ready to account. Well, if so, I would ask how it happens that he refuses to answer the bill, instead of which he has put in two demur- Ters, setting up technical objections, and, amonget others, the statute of limitations, Now, a gentleman who has for 27 years refured to aecount, and when, at the end of that period, he is calied on to account, sets up the statute of limitations, because there has been a delay produced by himecif, your Honor will at once see that such a defeuce is the very highest evidence of misconduct and mismanagement, and which calls on this Court to inko the property out of his hands, and put it into the bands of some one who will not set up the statute of limitations against us. Let us now look at the prominent statem petition, and it will appear that he has receive 000, and Lhe Dill etates that the e land in Livingston county, which he admits was sold by him, that it belonged to Lianself. aod that he took it in Hew of the $10,000 left bim by the will. Now, this state- ment requires me to call the attention of the court to folio 58 of the bill. Now, he has not, by his affidavit, answered that allegation; and the object of it was to know whether he had not ree previous to the more than $10,000, and appropriated it to his own use. He gives a vague answer, but does not answer the mate. rial part of the allevation—that is, whether he had not received the $10.000 soon after his father’s death, and appropriated it to his own use? Nor has he denied that the jands sold in the District of Columbia, for which he received $15,000; were a part of testator’s estate, and belonged to him at the time of his death, Tho bill expressly charges, at folio 11, that the testator was seized of a large real estate ia the States of New 14, specifies the his affidavit nd from y testator, but which the otf | and for which he has not accounted ; and. also, that the petitioner heard, and believes. that he at different tines permitted a punt of valuable preperty in the rge city of Rochester, which formerly ed to the extate of said Charles Carroll, for taxes. The | Petition, therefore, stated, that i of the long ‘and mort injurious delay which hae already occurred in the settlement of hit father's entate; of he total neglect of the exe a inventory, and of the improvi- dent and in whieh he managed the estate of the said testator, and the unequitable defenes set up by Lim, in this suit, the petitioner was satisfied it was unsafe to Teave him longer in possession of the property: wud therefore prayed that the raid Charies Carroll might be epjoined and restrained by this Court frou i ing the rents and income of the iz with, gelling going, leasing. or making any other disposition ef the aeal estate which belonged to the testator ; and from collecting, reeciving, or parting with any of the personal eetate of said testator, in his hands, or within his con- ; and frem doing any other act or thing, to the pre- judice of petitioner ; and that a vuitable person might by this Court to be areeeiver of the real estate, and the reuts, profits, aud ineome ke ¥. Butler Keq. on behalf of the plaintiff. He said the test Charles Carroil, dof avery large re E . District of Colu th he wy to hie widlow, he in the ieed the remainder of his esta his «even children, of which the plaintiff! is one, subject to the paymeut of his debts, and appointed the defendant bis executor, for the purpose of administering bis estate, aud paying his debts Mr. Butler proceeded to say that the bill, at folio twenty-on the will wax proved in 1824, and that lette to the excentor, uraler whieh reat and personal estate to th P and tt be tod never fle ; that fi any inve J 10 (wenty-five atmtes that the d ted to shout $99,000, and eont { bonds, ator; track to the and that property. both real a mortgages. Ke. and 6 and (hat in 188 thee { the 3s Trost ¢ ¥ asaction, at rand Test Company hi {had received fro ' tent to pay off all debts outeta rwent ontostate that im the J leans from oth el ho necessity fur t Mr. Butler. The court t Land the proper parties bromht tourt; npon which another demurrer wos interpowd, in Which he wet up teely 4; the principal however, mpen wh 1, was the statute relies upon that par dand at unex the n tthe rules of the court did not oblig emo proeced until the May general torm of the ec | Mr. Hutler them preceeded to ray that the defendant wld net be n. to file an inven. rained, by sales and » or's estates in the counties of Mr | cton. in this State, as appeared by the « unty clerks ef those counties that h nbs rece ted rents wnd profits of the lands which remained wnsold, r none of whieh ited, and that the bill also rl, nt folio 100, that he was inseivent rice Kirkland. Bay. replied on th fondent, by reading his, the defendapt's. of rome ot art of the de- Mdavit, and enicd the t i pill; after which nd caked thet they r ought for a namely on ier again rose. Jan injunction on two grown: reeeiver @ | the ground of mniemanegement and ineoivency; but the jact ground wae $0 fully denied by the affidavit that they would give that op and preeeed on the ground of iis. manege ment, The general deetrine, said Mr. Butler, of | th of any statutory provisions, is | ro well jeulated to procure diligence on | the part of « and trusters, and to secure the rights of legatees and others, that if any misconduct on the part of exceutors be shown, the court will at once pppelint 8 reeciver: and it will do so, although it may | not cr cannot be shown that an exceutor Iabors under jeny pecuniary difteulties or embarrassment, Jen- king ve. denking, firet Paige, 245. In thie caso a re- iver wae eppointed by the Chaneelior, im the place | of three . who were only charged with negkeet; and he did not stop there; he ordered | if the remaining executor deolined or refused to act h the receiver, that he should be sleo removed, | ond general receiver appointed. Mr. Batier then called the atl ntion ef the court to the statutes on the subject; | they would be found at ‘72 of tho old edition. see- | {lone 18 to 3 Inatarive, Wien provide an Seliows, to wits | thet t ges before ‘urrogate, was torn. quire tole and compel the party to give bonds Mec. | within five days, But in this case, aa no inventory was | Bled, they could nor go before the Surrogate and make | the appiic ation; the Court will therefore see that the ob- | Jeet of the statute ia, that the eetate should he faithfully Gnd jostly administered, aad the imterests vf all partis to be a part of tue textator’s estate; and tor the purpose of this motion, we have # right to cousider it so, and to put it inisene. We have now shown that he has re- ceived considerably more than the debts, ite admits to have jreeeived $85,000, and in this he does not inciude what he received for the 1,000 acres; bul in respect to that I have already shown how it stands on the bill, and that he ought to account for it; and in connexion with that question must consider the other facts in the bill; util they are disproved, he ix to be hei resper He admits he received $85,000; and after tw reven years, he refuses to give us any wecount, but says, by his afiidavit, that he paid us $10.00). Now. he might have, shortly after his fate death, paid us $1.000; and the interest of that, t» this 00. time, would amount to $ He might have also paid other small sums. the interest on which would also run up; and in that way he might bave paid it, Now, 1 must say that plaintiif is'ax well eutitied to his portion’ of his father's estate as any other legatee, but bi out of it by the when he files bi nee of a demur- and to this day i Butler co gth, and con- answer within sixty days, he his motion, which was deelined. Mr. Kirkland mag only give the eubstanee Carroll's affids ebarges that bi defendant, eve @ flat denial defendent) was in postcesion of the textator’s property for twenty-seven | Years, Le states that, from the embarrassed state in which | the (cetutor’s affairs were at the time of his death, it was | impossible fi to wind up the estate; that imme | diately his father's death, «aits were ccummenced | aguinst him os executor by the United States gorern- nt and reveral ther parties; that claims was diepul detendant we wre FUL undeters for defendant to vurious suit are perty admitied t wig would tleme ft unttl Chewe ve r w. under th was the prop quest in the will toner has ri one, who whom we have had ortunity of ¢ and exeept the | i, have expres | * condiet in a aurt will perceive of the pa Littte) and Mr Win, T. Carroll ¢ brother-i law of the plaintiffs anddefondant, Mr, Littlejohn ts mar ried t tr nicee, and Mr. William T. Carroll is their Drother and one of the legatees under the will, 1 would lavite of these that they are op to this vor ix appoiut 1, it will be pre- ! i judicial t to the parties inte 1 ‘the court will further remark that Mr. Win Carroll swents that he has t various Canes to the | plaintiff reveral » end thet he, Ure plaiatiff | hae exceuted te him an of all) bis interest under the will, to seeure bun in the paymeut of thore advances art—This weeignment *hether ia mentioned isan absole n the affidavit, a be any assignment at all. itis but conditional, which would not deprive the plaintiff of his right to preeced Mr. Kirkland—t do not know how the fact is, but T suppose, from tof information of the precise nature of the aasigument,jthe court must assume for the purposes of this met t the arrignment ia only conditional Mr. Kirk tinuation, raid that the defendant, by his fii 1 from the swears that prid it over in discharge of the testator’s debts to the Joe Iieurance Company and to Mr. Ternan, of Balti- more, Ax to the charge brought ageinst him, of having ree r the sale of 1,000 acres of vd, the Court will reeolleet tha is a devise in the will by which he takes 1.00 acees of tertator's lands, o $10,000, whichever he might elect; and having cleeted to take eum which bi he + he bine sold it as his own pri- vate property, rehnee money. ebarge thet he 4 some forty oF fifty thousand from the Farny n and ‘Trost Company, j u showing Uhat that deed has been « preme Court of this State; from which it follows that testator’s cetate, so far ax that transaction is concerned, is now in the ame state that it was in before the deed was executed. He hed but a few words more now to aa on the eubject; and in what he had to say, he would cali the attention of the Court to the fret, that the defendant ly in poseossion of the textator's estate as exe. cutor; and the plaintilf, who was a legates and one of the heirs, may, if the thinks proper, go take porsersion of any part of the estate! doo ie 9 strong as that of the defe Kirkland, didg not e any Beeeeity, under the present cirevinstances of the case, for resorting to thi extraor dinnsy proceeding. ‘That inuch talked af inventory will shortly be filed; nod the plaintiff can then go into the Surriguty’s offer ond take such proceedings ashe may be adyied, or he can wait until after the rehearing, which must be bed next a nd if the court offiruis the order made at the «peecial frm, the defendant will be prepared to file bis answer, Ie is now preparing bi accounts, whieh are voluminous, aud of a complicated character, The court would now see thst fall (be statements and charges iu the = were f ally met; and for my own part, wid Mr. Kirkland, | qeveer knew apy cause that hae leer title to the extrs sina interposition of this court, when it ie tecotleceed that all the parties intorested, etcept the plajptifl and ene othor | all h | spark bad fled. ¥' ? ho bas not been communicated with, have swora | Law of New York the Arrival = intercated, if a receives’ should be appoluted. | 4x ACT TO AMEND THE ACT ENTITLED “ oon. ayy that the court will not grant this | “ cyRNIN@ PASSENGERS ARRIVING aT cueueear motion. ats ENTRY AND LANDINGS IN THIS: STaTR,” AND TO RE- City Intelligence. THE PURIFICATION OF THH CITY—THH® RETURNS OF THE HEALTH WARDENS. Tho City Inspector, some time since, fasuéa’ books to the Health Wardens in the different wards of t,he city, containing forms to be filled up, giving the number of cach hense, the name and address of the owner, the *teries, rooms, fumilies, number of persons, the state of the yards, eondition of the buildings, whother dirty or elean, and how they are ventilated, together with obser- vations as to partioular nuisances. Already, returns for ten wards have been made to the City Inspector. In the First ward, the Health Warden returns tho buildings in Washington street, as generally old, badly ventilated, and used as emigrant boarding houses, With rcarecly an exception, liquor is sold on the pre- mises, ‘The number of persons in these houses is con- stantly varying. ‘The condition of tho yards iv generally and almost unavoidably bad. This is owing, in many instances, to the very deficient means employed to off the water from the roofs. It ls conducted into the yards, and lies there to be removed only by the slow process of absorption and evaperation. The basements are generally occupied, and are wet andwholly unfit for human habitations, ‘The privies in Washington treet are badly constructed, and are affected by the tide as itcbbs ard Nows, Cleaning them out aifords only a temporary ubatement of the nuiaances arising from . They should be built with vaults laid in water | ‘Shue the evils arising from their leaking would ted. ‘Trinity place is, for the most part, oceu- hits of fore igners who ave very dirty in their habits, yards in the entire block of houses in Greenwich street, from Morris street*to Reetor street, wot, owing to the means of carrying off the water be sewers being in a state of deca; ot is also filled with enigrant boarding-housc Which are crowded to excess, and are generally dirty. | so wany of those boarding-houses, and ne parts. ‘The yards and cellars of all the to 155, are wet, ‘arising from the decayed | of the old cisterns, In Stone street the condi houscs and yards from No, 4 to 10, is untavor- Ith, The houses are old and the privies badly coustru dwellings in this street are dirty under the samo category. Meet of the other streets in the ward are tolerably clean, with the exception of some few houses here and there. Kiln the Second ward, Theatre alley holds the most dis- Unguirhed rovk for dirt. In some other alleys and streets of this ward there are dirty houses, bad ventila- | tion, and bad eanitory regulations; but,as @ general rule, it is much cleaner than the First ward, { ‘The returns for the Third Ward are not yet made, The ry ps for the Fourth ward exh some very filthy d cs, particularly in Cherry and Water streets, where sare many of the lowest and vilest houses of- prostitution, Ou the whole, the report of the Warden is favoralie ns regards this ward—more favorable than we are inclined to think the facts warrant. | For the Fifth ward, the returns have not been yet made. The Sixth ward, containing the Five Points and the adjacent streets, exhibits a melancholy picture of filth, | i isery. Houses of ill-fame, and the lowest rot- abound in these streets. They are oceu- *, Irish and Duteh, ~Sink full, and in bad condiion,” is the oft repeated observation of the Warden. In the houses of ill-fame, sometimes colored and white oceupied the same buildings. There are about one hundred houses of ill-fame noted by the Warden, in this ward—in one place fifteen of them together, Of course, he was not able to xscertain them all, To show how the houses in this ward are crowded with swarming buman beings, we may mention as # specimen of the returns, the three story house No, 691; Cross street, of the estate of Patrick Brennan, eccupied by seventy-one families, com- prising one hundred and sixty persona. Of course it could not be otherwise than returned as “dirty. * Tn the Seventh ward there is an immense number of sailors’ Lonyding-houses, and porter houses, ‘The returns cf house end yard filthy are very numerous in this ward. Some of the fsances are horrible. A considerable number of Dutch live in this ward. The only street in this ward that the Wardou has noted as having houses of prostitution, is Jackson street. Some people, who hold their heads very . live upon the profits, by charging exorbitent rents to the miserable beings who are their tenants ‘There is no retura, a yet, made for the Eighth and Ninth wards. ‘The ‘Tenth ward, if we are to believe the warden, is, on the whole, ina © fuir’’ condition. ‘The Eleventh ward. which is a very large one, is the filthiost in the whole city. It is almost exclusively ocou- pied by Dutcb, and ix made of low ground, reclaimed from the East river. The strcete, and houses, and yards, in this ward. are truly horrible, aud it is filled with miser- be prever ied by wretched fami f, Tl tion of th able to] | able rookeries. ‘The ragand bone pickers abound in this ward. Werhsll not diegust the reader by giving the loathsome details of the filth of this ward, which ts one great nuisance ‘The returne for the Twelfth ward, which extends to Harlem. do uot present any features of interest, The Warden of the Thirteenth has not yet made his return ‘The Fourteenth ward exhibits a large amount of vice ond filth. Thete is a large number of stables in it, which tend to render it more unhealthy than it otherwise would. Le. Assignation houses abound in this ward. The Filteenth ward has not yet been returued by the warden. ‘The returns for the Sixteenth ward and the First, pre- sent the mort information, and seem to be most cwrefully dove. Inthe Sixteenth ward there are numerous dirty hog pons sud cow houses, which pollute the air, Very many of (he streets are kept extremely dirty, and the housts ere not mueh better, This ward nds iu shan- ties, ‘The dweliings are badly veutilated in many paris cf the ward, and are occupied by a miserable class. The Lasemente of the houves are filled with water, and in some of the low lots stognant water abounds. Tripe Joilers, bone boilers, foundries and factories, are soat- tered cverywhere over this ward. But the great nuisances he cow menageries where Cringe county milk is uaa- nufsetured Gn an extensive scale. ‘There are no returns, as yet, fur the Seventeenth, Eigh- teenth and Nineteenth wards, Deservetion ov a Stance axe Honsrs nv Fins—A Front | at ie Esp —At « quarter past four o'clock on Suaday af- | ternocn, a fire broke cut in Mr. McBride's stable, situated yard, in Twenty second street, west of the ‘The stables, together with’ two valuable MeBride. were entirely con- the Sixteenth ward, with s te the Ninth ward. were in ctive assistance. The Pire Depart turned out in strong fore. diately after the fire there was « grand shindy, L originated with the boys that run after the en- s. Ulumately the row sreumed # serious aspect, and ue hundreds were eng nd throwing «tones nly disposed and orderly firemen, t led, Several of the ringleaders w had # salutary effect in eheeking the pro- the battle. n Finy.—Ata quarter past 9 o'clock on Sunday a cumpbine lamp exploded in the front room of how Bowrry, Officer MeDonald saw the blaze from the strect, and mediately ersosed over and extinguish- «dit in his ston ‘Venth aven horves, the property ef M a. Captai his force, wn oth 1" evenin remy. =A woman named Mary Brenan, was observed hy some boatimen sitting on the dock at the foot of Charles street, about 12 o'clock, M.,on Sunday, She wis soon ufter found floating in the water, but the vital Drowsivc.—On Sunday an ¢ not learned, was rercucd r wt, by two the Third ward ‘Thomas Martiu was the rame officers, at the foot of Dey treet, Weekly Report of Deaths of New York, from the Lh day of wes Vomere A. Malformation. Marasmas, 1 Measies, Mortineation o . Servtala... Reese Emalt pox Fevor, puerperal Toothing , Fever, renittent,. Tetwn Fever, senrl jer} year... sit al, Blackweil « Laland, 2 2 Ward's baland, a City wal 6: Alinshouse, ck woll' 4; Colored Home, (Colored persaee, 1. . W. WHITE, City Inspector. City Taspector’s Office, April 28, 101. Mai. Ronee Arnesten ar St. Lovrs.—Wm. Fleteher Williams was arrested at the St. Louis theatre, on the sth, on a charge of having robbed the mail at Lacon, in January oc February last. When arrested, his face was disguised with a heavy pair of false whiskers, and when searched, was found to have three pairs of same, three with wigs, and about three bundred dollars ia bills on tho Farm- ington Bank, all bearing marks which bave idem fied them aa being part of the money stolen at the time of the robbery; be was Postmaster at Lacon when orrestedFon charge, and held to bail in $1000, to answer the indictment. He is elearty idenaibed by Mr. Faycwether, the mail age does not seek to deny the facts. Army Intel Movemnat or ‘Lnoors.—On comyanite of the seventh infantry Barracks, for Toxas. Four regiment, ® few days before Fort Leavenworth, and for Fort Gibson, om the Arkaneas. the 17th inst. six left Jefferson 3 of the same were detached from by the land route | last legal residence, age and occupa’ | mander from all lisbilit, | Meaere. Tod and Metre PRAL THE ACT AMBNDATORY THEREOF, PASéam arin 11, 1849, Passed April 9, 1861. ‘The people «f the State of New York: represented i Senate and Phot ph hel follows: — Section 1. The the act entitled “An act concernin; ry arriving at the rta ‘of entry and 8 in this State,” passed eoniten 10, 1847, is heroby amended so as to read follows:— “Seo. 1. Within twenty-four hours after the rival of any ship or vessel at an of the city! of Albany, ‘nod isélading th o © © aby, #1 080 the river . Sawrence, Lake Oat, the Nia- ara river, and Lake Erie, from any of the United tes other than tlaia State, or from any countey out of the United States, the master or comman- or vessel shall make a re- rt of entry tituced northerly rt may be, or in case of hi othor inability to serve, to either of the trustees of said village, or if such port be within the ju- riediction of an incorporated city, then such re- port shall be made to tho mayor of such city, or im cuse of his absence, to one of the aldermen thereof or if such port or landing be without the jurisdic- tion of any incorporated city or village, then such report shall be made to one of the overseers of the or ofthe town in which such port or landing may , which report shall state the name, place of birt, @ § ion of ever person or passenger arriving in such ship or vi on her Jast voyage to said port, not being a citizen, of the United States, emigrating to the United States or the territories thereof, and who shall not have executed the boud or paid the commutation money mentioned in the next section of this act; im case any such master or commander shall omit or neglect to report as aforesaid, or shall mako any false report or statement in respect to any such per- son or passenger, lor any of the particulars hereinbefore specified, such master or commandor shall forfeit the sum of seventy-five dollars tor every uch person or passenger jin by to whom any such omission or neglect shall have occurred, orang such false report or statement shall be made, which the owner or owners of every such ship or ves- sel shall also be liable jointly and severally, and which may be sued for aud recovered as hereinafter provided. See. 2. Section of said act is amended s0 as to read as follows:—It shall be the duty of the ofticer to whom such report shall be made, by an cadorse ment to be made on such report, torequire the mag ter or jcommander of such ship or vessel, within twenty-four hours afier the arrival of such ship oc vessel at the port or landing, to exceute to tho su- perintondents of the poor of the county a bond fee each and every such person, in the penal sum of five hundred dollars, with one ormore sureties, to be ap- proved by the officer making such endorsements, con- ditioned to pay all damages, costs, charges, and ex- penses that any county, city, or town, within thia State, shall incur iu tho support and maintenance of euch person within five years from the date of suea boud. But such master or commander may come mute for such bond by paying to the person mea- tioned in the section as aforesaid, the sum ef one dollar for such person; and the payment of such sum shall be in full discharge of such master or com- for the support of such ‘ive such bond. act is amended se person, and from his liability to See. 3. Section seventh of sal as to read as fullowa:— See. 7. If any master or commander as aforesaid shull neglect or refuse to give such bond, or pay over such sum of money as is hereinbefore required for commutation money, for each and every such Ferson within twenty-four hours after the arrival of such vessel at such port or landing, every such oom- mander, and the owner or owners of such ship or vessel, severally and and respectively, shall be sub- ject toa penalty of seventy-five dollars for each and every person or passenger, on whose account such master or commander shall have so neglected or re- fused to give such bond or pay such commutation money, to be sued fur in the manner hereinafter provided. See. 4. Section oight of said actis hereby amend- ed so as to read as follows:—The penalties and for- feitures provided by this act may be sued for and recovere 4, with costs of suit, by either of the ovee- seers of the poor of the city or town where suck money ought to be paid, in the name of the super- intendents of the poor of the said county, in ang court having cognizance thereof, and when recov- ered, shall bo applied (o the purpose specified in said. t; such superiutendents or overseers of the may also prosecute in their own name an; od given in pursuance of the second section of thie act, whenever the conditions of the samo have not beea ulfilled. See. 5. The act to amend an act entitled an act conceiing passengers arriving at the ports of e1 and landing in this State, passed April 11, 1889, hereby repealed. Sec. 6. This act shall take effect immediately. Stave or New York, Secretary's Orrice. Thave compared the preceding with the origiaal aw on file in this office, and do certify that the same 8 2 correct tra pt therefrom, and of the whele of the said original. Cunisrormmrn Moraan, Secretary of State. Marine Affairs. For Cuacrrs—The steamship Prometheus, Captaim Jobnson, sailed yesterday afternoon for Chagres. Lauxcuro—At Baltimore! 2% inat. by Messrs. Wm. & Geo. Gardner, # fine ship of 450 tons, called the Helen A. Miller, owned by Messrs, John Henderson & Co, and is intended for the California and Bast India trade, under command of Capt. Washington Galt. Srean ery x Giascow ano N he entire suce cxperiment made by Messrs. Ted nod Me@regor, of direet steam eom- od recentty: the purpose st oam=hipe. dircetors ef mi ing, and pointed Mr 3. Langlands to be thelr manager ead ncont here, wh geuey at New York hay been entrusted to Mr. J it will thus be seea that the ma- ry the Alantic will be Ia the same conduct d. with go much efficiency and satie- the faction, the affaira of ho « City of Glasgow ferred to the Liverpoct god Philadelphia trade, The reetors bee died on naming tho flret vessel of Likewise d lnsgow and 3 and bay nd on Cap fox mail mt India trade Albion wil ‘ork steamsliip company the * Ale vwnlinously agreed to confer N. Stewart, of the Liverpool and Halt. wend proviously well known in the Bast as commander of the * I be Ie from the t the mid. trip seross tizen, April 12. or Groverstre —During the year 0, there arrived al the port of Glow in expected tomuke her ently in August. —Glargow ton Trane dune let, F ceoster 100 ve from the Hvitish Provinces. ‘These vessels brought cargoes of ralt, coal, fish, potatoes, lam. ber, and over also arrived 1 versels fre cargoes of ugar, molaa Vonels ear important b ce of Uhis British trade, am x { a terrific hurricane encountered in Sap- tember lant near the Cape de nds. The sir Fdword Parry. of and the New Margaret. of Liverpo a about vixty miles dismasted, being other The foil lars are given by the master of the Sir K. Pe day commenced with fevdm trades, very uniavorable appearance, rough sea; under topeaile and barometer 20.00. wind H.W. Vo ACSI. M, wind incre pelle aod handed panker down, royal yards—barome- EFM. barometer stil Tailing. appear ances more Unfavorable; furted ¢ t it a forvtop- at atnyenil, and brought by o vinden the larboard k wnder Lare poles, wind blowing at this time with, ferent viol nce—barometer 20.10. Befowe wind, night, the mizcnmacst was broken off at the futtoek band, mainmast do.. foretoptiast fone, foremast sprung, no material tm jury done to the hall—-he waa newly new, A lat Liog@’a Tor tweive yenrs or more, and fitted out in the beat pes sible manner ‘The New Margaret loet every sfar bat her bor also avery fine ship, Chroe yoars old, A T,and im order who she leit port, Both of them bound ina; put ingo Rio to refit T mention. there because it was on the Tth of Sap- tember that, f encountered a hugticane on our forcing moto put back to New York, It comme with me syout B.S. B., yut hauled to the northwwed and eastward This same enptain (Sims) olaotells of his reaning om # chonl south of tho Caye de Vords, the Warless choal, ia jon. 21 33 W. and Int, 5 6 N., under, the following cir- cumetszces: He bad not had am observation the dag ‘ous.and was standing to the southward and east. on hic mate came below and peported green wa. He went on deck, sud eam that they were evidenty, in shoal water fora milo around the aip. Before he could get ncast of the lead, they passed tuto blue weber. He then hove the log earefuily himcew every hall howe lintil meridian, getting Good Lo moan: te = -_e evasion; whe wor! lerk, dicectiy over Lhe shoal aboxe mae tioned. Tis ebronometr he hed tested.at Ue Cape de Verds, and found it correct, when he agsin mate the ebout reron hours thirty migater A. over it; the sky was peefeotty clear. noton Biot charts @yisin Sins contd de of it as ho ayadee BK ; cours of the «! not give me it. Thope these facts way be of use te you popectfaliy and si (Bigneay patie ty Y | nortan. V.B.B. Reaver, Pets 21, 1851 There was quite a heavy frost a Georgetown, 8. @, 0 thy 33d et, ’