The New York Herald Newspaper, February 1, 1852, Page 1

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THE NEW YORK FE WHOLE’ NO. 17087. SUNDAY MORNING, FEBRUARY 1, 1852. PRICE TWO CENTS. Rumor of Avother Extensive Fraud on the Government, SPECIAL CORRESPONDENCE OF THE NEW YORK HERALD, Wasnincton, January 31, 1851. A report is in circulation in this city, which originated | in an undoubted source, that a very extensive fraud has been committed on the federal government, ina very cu- riousmanner. Mr, Webster was engaged on Wednesday, several hours, with the United States District Attorney, in preparing papers for the apprehension of the offender; ‘Dut he got word of it, and left the city on Thursday merning. before the necessary documents for his arrest were 7. No member of the cabinet is implicated, and the offender is not of much note, though the funds abstractedenre said to be considerable. and were under the control of the State Department It is not prudent or roper to give names, or to suy any more at this tims, A he days will develope the whole truth. There is no doubt of the facts as I have stated them, T. NEW YORK LEGISLATURE, Senate, Aruany, Jam, 81, 1352. NEW YORK VOLUNTEERS=NEGNO COLONIZATION~ACADEMIES, Mz, McMurnay (dem.) reported a bill for the further relief of the New York Volunteers, He also gave notice of a bill authorising an appropriation in aid of colored emigrants to Liberia; anda bill making appropriations for acadew'es for 1851. BROOKLYN GAS COMPANY. The Committee of the Whole passed the billto amend ihe charier of the Gas Light Company of Brooklyn. Mr, Vaxorgemt (dem ), asked that the bill be reada third time, which was agreed to, and the bill was passed, THE CITY OF BUFFALO. Mr. Bancock (whig), by consent, introduced a bill authorizviae the calling of a convention to revise and amend the charter of the city of Butfalo. AVPROPKIATION OF FUNDS. The Committee of the Whole passed the bill to amend an ect entitled an “Act appropriatiag the revet ofthe jiterature and United States deposite funds,” passed July 13, 1853, The Bevate then adjourned. Assembly, REDUCTION OF OFFICERS) FEES IN KINGS COUNTY, A:uasy, Jan, 81, 1852, Mr, Laue (whig). of Livingston, reporied favorably on the bill reducing the fees of the Shoriff of King’s county, and the keeper of the cells in Williamsburg. GRADES OF ETRERTS IY NEW YORK, Mr. Bacxstove (whig), of New York, reported fayora- bly on the bill to meke permanent the grades of streets and avenues in New York CIEF OF POLICE. Mr. Ga. (dem.), of New York. reported favorably on the bill relative to the Chief of Police ot New York, THE ORDERING OF Hooks, ETC. ‘The resolution was called up probibiling the passage of apy resolution ordering books, &c., without its being re- ferred to an appropriate ecmmittee. Agreed to. NOTICES OF BILL. Mr. Kine, (dem) of Oteego, g: notice of a bill to compel venders of patent medicines iu this State, to fixa label containing the names of articles of which they ars compounded. Mr. Waren. (¢em) gave notice of a bill in relation to Bling vacancies in certain offices in New York city. THE BANKING Law. Mr. Breonc, (dem) of Sullivan, iatroduoad a bill to amend the general benking law. ATTEMPT TO LEVY TOLL ON FUNERAL PaDCESSIONS. ‘The House then went into committee of the whole snd Wert through with the billentitied an act io relation to tolls on plank roads in King’s county. This bill imposes 9 to | om funeral procestions. Mr Jonsrov, (dem) of Lewis, aatd that it was due to the committee that be should explaia the reasons for this bill. The county of Kings was particularity situated in regard to cemeteries. Asa general rule, a manought to be permitted to go to bis last resting place frca of toll. And this ts the law of the State. There were at least al- teen hundred acres in that county devoted to ebmetery urposes, belonging in # great measure to the city of New Yor! The owners of the plank roads ought not to be comp to have their roads worn out and their Property destroyed for the ascomodation of others. This petition came from the priests and Roman Catholics, owners of o certain bury!eg- ground, to reach which they wrish to cozeiruct m plant roxd, which could wot be ui teinea without impocing tolls on tuueral processlo: Mr Yousas (whiz). of Erie, said that there was thing revolting, to those of the rural districts at leas! d to stop, while accomp: in, and wry tell He wished there were petitions for {his BM « Mz. Warsr (dem), of N, ¥. remarked thet moat pao- le wore suticGed with preying upon their fellows wail: | aesing throcgh this of tears; but the citizens ot | ‘Kings county propos: improve upon this by levying | atax vpon Fis bedy after the vital spark had fled. LHe moved to trike out the enecting clause. Mr. Cosnine (dem ), ‘Tompkias, said that the ob- jections to the bill wer 1. as the bill applied to the entirecounty of Kires Ne thought there was, or ovght to be, sufficient publics pitit in the coauty to ptivet acd keep up roads to their cem Tt ‘olting in the idea con tike out the enacting 4 me. in midis know \f FY to ore ed in this bi Items OF THE SIERRA MADR FSEE—INDIAN TROUS: MOVEMENT REVOLT! Barrimone, Jan, 21, 185%. All of the back matis from the South arrived this | moruing. The # ownseille Flag saye :—“ Nothing certaia is known | of the movements co: Caravajal; it is rumored be has been reinforced by elgeteen hundred mon, and two | pieces of artillery bad arrived with Captain Ford from Texas We judge from all wecaa learn that some rein. | forcements have really arrived and another attack upon Matamoras i; seriously meditated, perhaps ero many revolt bad bro! instant state that a F Coatrfses One hu and too’: poasestion of th of the castle at Veraz Cru. apainet them Advices received nstant. urred at m Galveston to the loch on the izt The Indians wer in Western Texas. Jolin 0. with four others. He ¢ leaving betina all bis mn the Indisus carried off. A large fores of United 8: military Tas being concen’ atiery Dar. my ‘vere blow on th i vossely were driven a @ The Governor of Louisiana hae vetoed tha bill can ds issued for the u ui n the ¢ aviet » been arrested | two colored g th rormor 8 message Sonate of at portion ef the G > murder of Mr, Gor 3 | ell's steam eaw mill at N N.C . wae eat The losis $L1.000. | fire on Wednesday last ington (whig) d 3 being a candidate Caroling | elected Pre ident of the Louisi- dake la fast disappe The Defeat of the Matne Law tin Rhode Island, Provive Jan. 31,1852, ich the Maine I w was defeatal ast evening was—Yeas. SI; nays, 37. Th sebjest bas beon under an animated discussion singe Weanesdey morning. It is uaderstood that a new bill Wil be iniroacced on Monday, The vol in the Hous Meteorologteal Observations, BY Mons.’s TELEGRAPH, OrFice 16 watt aTRRET, aTunoay, Jam. O1, 1869. Bervaro. 10 A BL--Batometer 28 Thermometer 23. ‘Wind northeast. [tis cloudy, rainy, and unpleasant morning a 8 P. M—Parometer 29026. Thermometer 34. Wind about 601 st. It in blowing » perfect gale, aud rain- Sng bard, 1t is « stormy evening. Rocugerrn, 19 A. M--Duriog the night the wind ohanged. end itis now colder and cloudy, but not storm- ang Wiad north, Thermometer 20. P.M —T¢ is raining hard and freezing. Wind north ast. ometer 20. It has been an uapieasant day, Acuvny, 10 A. M--Tt is a rtormy. wap! ing. It b Thermometer 26. | 8 P. M--The weather fs ditagreeable, raw. and storm: with heavy raia and hail, Thermometer 24 - cor, 104, M.m-It feadull. cloudy morning Thore | ions Of more snow, Wind southea Ther. sant morn taining a little, Wind northeast, 28, Synx ry stormy. and raining hard; hail amd moweter 26, Wind northeast Tt is s very stormy morning. A Thermometer 23 sleet heaty. © Unies, 10 A atrong nortiy win SP.M ind fe biewing # perfect gale from the is rowing and bailing--rather a sleet Thermometer 2 M =-Tt enow WA A moderately all night, Té est, Thermometer 22, Ba: ing Is good. The Barometer 3) 200, Meroury 79 Tnov, 10 A. M =-Tt ts cold, and enowing. Two inahes ofsnow fell lant might, Toermometer 17, It it cloudy. ‘Wind varied 8PM hermometer 20, Wind westerly, It is Gaowing at present, About carey laches fell We-day, | imarertbing to tha: | Ged and m. Avalos has twenty five hundred men, nohients, and erecy material roquisite | Idefense.”’ Veraz Oruz dates to taedth | ? The Kossuth Excitement in the West. WELCOME OF THE CITIZENS OF ALLEGHANY —SPERCH OF EX GOV. JOHNSTON—REPLY OF THE MAGYAR— KOSSUTH BLESSING AN INFANT NAMESAKE, ETC. Prrrsnvec, Jan. 30, 1852, Korsuth met the citizens of Alleghany City, to-day— Dr. Pressly presided. Ex-Gov. Joursron addressed Kossuth, and urged the people to petition the government to preserve the great principle that no nation shall be interfered with by the tyrenny of other lands. He welcomed Kossuth in behalf of a people who knew that a country could not flourish where wealth only accumulated and men decayed, and who wanted men to grow, and not wealth to accumnlate- Kossurn replied briefly. He felt unable, from the state of bis health to address the meeting as he could wish, being scarcely able to stand upon his feet. He appeared before them in the position in which their countryman Franklin once stood—asking aid of a foreign nation. God blessed Franklin's endvayors, wo obtain- ed mors than he (Kossuth) wished. Ifthe country wis not faithful to the principles upon which it way estas. lished, it would be as if the soil was taken from beneath the foundation of this church It would fall into ruins. He trusted their sympathy would be somasthtag more than & passing emotion—that it had its source from whence the lite of their freedom was derived Mrs Johnston, # member of the congregation, was au- nounced as wishing to present ber child, seven months old, whom rhe bad named alter Kossuth, befors she hat expected to have the p! 9 of soviag him in Amorica, ‘he child was pressated, and Koseuth pronounced the folicwing blessieg upon him:~* May be be wieer. way ue be happier, than his namesake, but may he love his country as I love mine—justice and ferodom as l—and be honest as I, befere God believe I am ‘The whole smount of contributions, in Pittsburg, is sbout $6,000, Uhisis a much larger amount than his wcet eapyuine friends anticipated. CONCLUSION OF BISHOP O°CONNER’S KOSSULH LETTER Kishep O'Vonner directs Kossuth’s attention to his eulogy of the British government, and considers that he shculd have wrapped himeelf in his doctrine of non- intervention, and sealed his lips sgatast such eulogy. lie, however, epplied bimeelf to details (which neces sarily cffended the Catholics.) and his non iotervention did not preyent him from fawning on oppressors iu treating of the supposed wrongs of Germans, Italians, Frenchmen, and Poles. A measure, purely ecclesiastical, having been lately adopted for the governmeut of the Catholic church in England, was deemed a fitting op- portunity for an appeal to the passions of the mov, ‘Diegracetul scenes epeued, ond a law was enacted prac- ually making Catholic worship pomal--bastardiziog every Ogtboltc in the Britich empire and placing liber.y and property almost at the mercy of the minister of the dey. Yet, im spite of this measure, denounced aa a dis. grace to the nineteenth century by prominent Protes unt statesmen, Eogland was euldzized by Kossuth, the Bishop sencludes by expressing his opinion that the momert We United States go abroad as progagend- ists of apy political crved, their fate, aya tres nation is oraled, The evidences of regard Kossuth has received from many most distinguished citizens. have led the Bishop to state these reasons in opposition to him and his cause, ANTE KOSSUTH FEELING IN LOVISVIT. REJECIED BY THE CITY Cov? Lovieviise. Ky , Jan. 20, 1852, The Board of Aldermen of this city, to-day, by unani- mcus vote, rejected a resolution extending an invitation to Kossuth to visit Louisville, as the guest of the city. VITATION Brom Boston, DEATH OF PROF. LISEL'—SNOW STORM, EId. Bostox, Jan $1, 1353, Profeseor Edward Liseli died at Auvurodale this morn- ing cf typhus fever, He was formerly professor of che aouiry in Wiltiam’s College, Avi ther vie ow stor and the snow is still falling. severe, Tbe steam propellers William Penn and Benjamin Fiankiin, of the Borton and Philadelphiia line are to be Witherewn, the enterprise mot paying. They are heve- alter to rua between New York aud Charleston commenced last evening, ue wale outside is very People’s Bank of Pavers PBES MENT OF THE Q@RaAN? N county, The Grond Jury of Parse the matrer of the Peopl sideratien for a long time, ma mont, at the close of thelr labo NJ, baying had con under con owing present- quest of the ¢ ty of Parsaic. after a nate fav of S of ihe People’s Bank at tion in reference to sundry: the part of one of their whole duty 5 to this Honor a, the board of ir individual and cor- ® ble neglect of the re- f thet office. we do not ation more of important reapo: bility then usnally attaches Lo elevated positions. Upon their watchful care h t upon their wise and faithful gua: uma tt: nity rests in confiding security if deng earn ings of the man of busine: the hard earned pit- tauce of the day laborer. and the hearded mite of the widow and the orphan, claim their un remitted and truthful supervision; saperadded to these considerations, enforcing them all. and above them al), is that deliberate and encred pledge before “faithfully and bonestiy to the best of their Srowl:dge atd ability. to discharge the duties of their cihee according to the law, Apprecia: in the sepee the weighty and responsible duties devoly- and fally tmpreared with the grave and of the charre--we do hore present satd tors as dezeleet in dut unfaithful to r trust, in the management of Said bank. The evi- deuce upon which this charge is based. is furnished by stimony cf the di and by the deplorable conaition of the ich they hud jn charge; nor is it tco could bave happen deem Exere time to time, b bank, end sup The Grand Tex d, uh principal oflicers. has been ditcharged with porate capect tponrible duti for gro ordiaate a we have to re this Grand held but # purpore of would The el good cbaract: ard, 80 far s enormity e with one aecord wil unite in de confidence of the comm the soundness of t property, was bared their peterna! care, eur ¢ s in town and count ¥ sted 'n undoubted security. aud the sad realities which lve thus suddenly burst upon us, carrying sullering end divtress to many na humble hearth, are justly and righ!!y chargeable to their culpable indifference or wilful negiect Whether cr net we could have done mere, we could co nolers than (hus signaliy to t end unquaiitied teriimony te Ly their cereiiction of ¢ viduale, the prosperity oi t cuuses of good morals a holly upon the g mate and resper assured’ ir our uniced « deep injury indicted on t hits of indt- , snd the Y At ? HENRY WiLLLELY, Foreman, On tho night hs house of Mr, pond demanded fame the presenticg a pr 1 the others prepared cfresitance, Me D finding re i his chest snd gave them his money ($950) after hich they left; and being followed some patter by Davis and others: tro of themn were found frozen to here they committed the vob- om ® fterwarda His nae in aed the informa. 7: aes and Cooper. te of New a York, and having b ears e Ail the money was found on the p Tous Froven to Deatu.—Oa Monduy night, 12th Inet, Philip J.B Fespected etizen of Clark county, India death wear lestown, It is supporedinat is was a with ous colic, (being AULjrct LO it) oF becoming very ola and benumbed, he turned £ vd toa house neor by, and. in endeavoring to » his horse, bave fallen with his face upon the ground porition be was found pexs we deceased wos Indiana Volugy THE FORREST DIVORCE CASE. Motion for Stay of Proceedings. Superior CourteSpecial Term, Before Chief Justice Oakley. IN TH? MATTER OF CATHARINE N. FORREST VS. EDWIN FORREST. Janvany J1—The argument on the stay of procerd ings, the alimony, and expenses in the Forrest divoces case, was resumed this morning. The court was will filled, the public being apparently still anxious for tie final disposition ofthe matter. Mr. O'Conor appeared on behalf of Mrs. Forrest, to claim the settlement of the judgment and that the de cree be forthwith istaed upon the verdict rendored by the jury. Mr. Van Buren appeared, to obtaira stay of | proceedings. with a view to hie a bill of exoeptions, aad to argue the case before a full court The Chief Justice said be had looked into the pro- visions of the Code. and found that the Vourt might either ifect the judgment and allow the parties to appeal, or e might susperd the judgment wntil the bill of excsp- tions was argued. Under all the circumsiunoes of the case, he deemed it most edvisable to allow the judgment to be entered, and proceedings to be stayed until the de cision of the iu!l court was given on (he argument on the bill of exceptions, He thought it proper to notice a mirstatewent which had beea made in some usr. ters, to the eflect that the length of. this cria was attributable to the provisious of the Code That was not the fact. It was a misapprehension The Code bad nothing to do with it trial bat boen conducted in conformity with the old law, The lengih Cf the trial was attributable to two causes, Birst, to the number of quesiions involved—the several adulteries charged raisiog many issues; aod, eecondly, t» ths latitude allowed counsel. who introduced a great deat of irrelevant and extraneous matter, without obj from the opponite side. He had called the atter the counsci to a decision which hag heen receatly made in the Court of Appeats. and which was very mach op: osed to all former decisions. It is, that. notwitastand- ing 9 divorce had been granted. a wife retains her vight of dowry up to the time of the decres, In awarding «i- mony, the Court bas a regard to tbe property of tae wite.as well ag that cf the husband; and it has been the rule that wher the wife obtains alimony. she resigns her right todowry; and his present impression was that in case tbe plaintiff here did not contorm to that, tae de- ferdant should be at liberty to apply to modify the amount of alimony, As (othe expenses, there seems to be an established practice, ruled by the Chancellor, that the alimony is to take effect from the commencement of the suit, without rezord to the voluntary paynrents mode by the husband ‘These ideas are not given for adoption, but are merely thrown out for the consiteration of conn fel The idea of the Court was to settie the decree with a view tor stay of proceedings. Mr. O'Conor said, ia relution to the observation that his Honor though: it proper to settle the decree wth a view to astay of proceedinge, thas he supposed the Court means to apply the same rule, in this cave, as would be adopted in the ocllection of a debt. Chief Jurtice—the idea I meant to convey is, that it thould be perfected in all respei and entered. Mr. O'Ccnor--An order might be given to the Clerk not to docket the decree. He did pot mesa to sey that there waa a desire ou the part of Mr, Forrast ty part with any of bis ichin this State; indeed, there isthe stronges affidavit on record to the effect that it is impossible for him to do so, Tne defendaat does notstand here inthe position of a merchant, but as a Tetired geutieman of fortune, ora member of the bar, Gnd Lot subject to chances of failure; if would, there fore, seem an act of over caution. and would not facili tate auything, to make ny rule upon this point; hut if the Covrt thought Bonar to order that the ticket should not be docketéd, 1t might. at the same time, or. dex that no incumbrances should be permitted on the property of the defendant. He (Mr.O'C.) was willing to consent that the judgment should be entered. but that thedecket should not be struck. Ja relation to the meibod of making the allowance, he said that oa the part of the plainti€ they had gone on the idea of giving @ credit for woat was paid during the peo. gtets Of the suit, followiag the decree in the case of Burr ve. Burr. As the decree was now drawn, it would make @ difference of $1,500—it would make the credit amevnt to thet sum. i alowed the plsintiff but $140 for sending to Texas. and the $1500; nothing had been allowed for the expenses of the suit; and this reetraiat should be modtiled to tha extent of allowing something towaris that, Ths ex: penees of the pluiutifY had been very great—wicnesaes bod been brovght from a distance—they had had some of them im attendance for a long period—and the trial hod gone over nearly forty days; it was a case uaparal- leled. He did pot now make any referencs to what Mrs, Forrest rhovld allow her counsel; but the other expences wer dipary Sending for witnesses— i d—brought the quannt pect Lo tne (| teatloats o giimony apd dowry, he suggested, thet if al any time Mrs. Forrest rhouid become entitled to dower on the jonas of the defendant, the parties could make an apgli- iva to this Conrt tor an order to reduce the amount | ¢f alimovy ‘This eifmony is tixed upon the Lowest pos © sible amoupt-1t is dxed without any positive knowledge | of Mr Forrest's real estote—it is Xxe@ without any | dee ntall cf his personal estate. Mr ('Qonor | that @ a hej 0 very end of mi le portion tl As respacts the $3 000 2 sient of the dower right, t iu enforeing OC) a year dower; but bis ho si tient faith in Taam waiea be (Me, Cone 7) hoped would be tar @ 8 properad ic jon to the entry of t tention eof tne ot the Court to The great di is at liberty to muiry during the pendency of thiscuse. it ds euggested that if sho aid ao, it would be at her p but what peril would be if she is pro nounced divorcee? lias Do desire to marry ox ch. ld bolinvs the & of intelligenc med her mi sho has cu the of these proseed- 8, and the reat is formality; bu: he saw no reason way a formelity, which would be attended with such disas- trous consequences, shovid be entered, A decree nad beenmerved on the defendaut, to some of the provisions of Which he objected. In the Ss+t place, asto ths pro} which makes the Court ix the aiacuut ef alimony; a it then goes on to provide that the plaintiff sb: liberty (o warty again. end that the defemdant pied; he ¢ilered po testimony. and mele no observ: Bore to the jury om it,and they returoed a verdist of $0,400 2 year. ‘fi ettion is, when should the alimony Ths univ Leule ia Ko d. aud im ibis the care of Burr and Burr. was that the ¥ should commence fromm the date of tae & of the Chanocilor is ¢ minthiscourt 4 cited from Mr. Van Boren th: of the cave cf Burg, which was oi ard bsutality, and “l that the rath that and this. In that cass, too, n al made pordente Ui credited in the retiement of the piaint, im the present pendency of th ich she bas n vo was no idea on the p t it is ur ble. if t then contended that t the case of B punishment for the ality of : nid read thy opinion tity of the Court of Errors, it would see jms, a® mauy did ¢, tO Lhe spropathy for females, Mr. Van Buren ferred to Hill, 721, Lawrence and Lawrence, 54 Ve ford. The cases in which this proposition las been ex- tended were. whero the entire estate was brought by the wife tothe husband, Mca, Burr had brought her hus- band $7.00, which, with interest, at the lime of the divorcee amounted to about 000, But in no cure where the wife brought no property to the husband wae the allowance of one-third of the iscome given, Moretnan Mr, Forrest's income, and double what had been agreed upon by the partics, has beea allowed ibe plaipuitt His property at Fonthill, which has been es dmated at $60,000, is au incumbrance and an expense to bim—yields him nothing; and the defendadant. in his auswer, placea bis income at lets than $4.00, Iie thea sutmitted that Mrs Ferrest, bemg a single woman and witheut chidten, $1.500 o year wos sufiicient \e lie then referred to the opinion of Judge Duer. in this © which concludes thur:e [do not think that the defendant can be justly required to make any farther advances to the plaintilfto enable her to sustain the ex- pences cf the litigation in which they are engaged. The arpuel evm cf $1500, in quarterly payments—regard being bad to bis fortune and her wanta—it sees to me. isan ample and liberal aliowance—sufficient not merely for her usual support, but sure to provide for the extra- ordinary charges (o which she is now subject; but if it shall hereafter appear to be insufficient, the court, upon a proper appiieation and proper evidence. would not re tere to dircet the payment of such further su a sail be proved to be uecessary.” He also referred to the opinion cf Judge Edmonds. io whioh Unat Justice stated thot the defendant had made ample provision for his wife Alter eome further observations Mr Van Buren robmitted that the deoree for alimony should be seviled by the Court at $1,600, or. at most, $2600, aod ia no tventehoutd it exceed that sum, Ho then procesded (o argue for a stay of proceedings, He did not wish to bave the defondayt embarrassed by a tight cf dower, ot | * lien upon hisesate, Tf the Court ruled that the pay. went should be accured, there would be no difioulty in doipg 80, Without encumbering the defendants est It ocetited to him, that ail the defendant sought could te accom plished by a bill of exceptions, He dvsived that no judgment should be entered; but ifit shoul lie desized that it should be euch as he had 09 or Mr. Conor amented ton order being giv fendavt tor any time the Cout pleased e« to t exceptions, Le replied at rome length to Mr Buren, tud eubmiited, that cough tne tempora mc ny Was reasonably iarge, the plaintift was in a differen peottium Lew Wolves the Cowm, and emiiled La the Qall | Van ali: amount awarded bir by the jury. They hod established, by the finding of the | On one side terms Mz. Van Buren v feult was entirely ene Mr. O'Gonor mennt that it was not entirely on the side that it was insisted 1t hud bee The counsel comets him to eay that the foul upon the part of Bir. Fc oe obser vations ip support of his views Mr O'Uonor asked that the judgment be entered and ita form settled, and that the Court make such order as to the stay of procwediags as it deem fit. Mr. Van Buren briefly replied; and the Chief Justice ruled to the following efl-ct: — That judgment be entered. dissolving the marriaga contract betwen the parties; also fixiog the amount of alimony to be annually paid. at three thousand dollars; and also that it be paid from the tine of the commencement of this sult ; and providing that upon the final establishment of the judgment horein entered, the pips be obliged io release her dower rightiin {he property of dafendant, upon the latter giving the proper recurity for the yeariy payment of the alimony of $3,000 during the life of the plaiatil ; also providing that the judgment he not docketted for the prerent--the form cf judgment to be hereafter sectled. An order was alyo entered to extend the spacial term to and including Saturday next. the form to ba settled ia the meantime Agreed upon by the counsel and sub. mitted to the Court, lie Ga uot wink (o speak im any stronger derstood the jury to find that the © aide Supreme Court—Special Term, IMPORTANT DECISION Before Jurtice Roseveit. San Sl—Maliiew Blo and Willtam Sinee ay Timothy Wiggin, the Mayor, Aldermen. Sc. of the city of Now ¥o}.—he order of the Supreme Uourt contiraung the report of commissioners of estimate and arressments isa judgment—and the amcunt asressed on the proper: ty t6'a epeoial lien ou the premises benefited, paramount to ali other liens whatever on for twenty years, The statute seepeoiing the city of New York. passed 7th April, 1818. is to ke construed oerally This. aa the papers ehov, is substantially a controver- Rs between the Corporat of the Bouk of Eoglund on the one sige, and the Corporation of the city of New York on the other, a prfed, more than ty: pg OUL of the Assessinents im years ago. upon the large pro- ve perty in Platt stroet. tormer!y belonging to Jacob 3. Plats, for the benefit derived “and ex, Jobn & Ab tte thne when the pt improvement were instituied. in December, 153 down to Mey. 1386, Platt was the owner of the lots ia question, Timothy Wiggin, who was reatding land then. exccee the ownership and su ly becoming larg a to the bank. h dith November. wed the pre plains in this suit. weting on beh: see ube rvm cof 4 Oc0 sterting ; and this suit is brought to foreclore that mortgage, aad to test cho vali. dity of the claimn ct the corporation of the cily to a patomount lien on the premises. The comunssioners o estimate and asscasine vt wet ated by the late Su- preme Court, on the 23d September 1830; and their re- pert of the amounts of damage and benefit, in respect to each lot aftected by the Improvement, wi the tame court.cn the dd April, 184 tion teken to the assesement is, Un premises and the parties interested, the commissioners Took no notice of the change of ownership frora Piatt to Wiggirs Jat, The commissioners, as req at least fourteen days before ma! court. deporited a copy of the estimate and assassment, us made by them, in the County Clerk's office, “for the inspection of whomsoevcr it might concern ud, They gave notice, acccrding to the same rejuii ment (182) by advertlecment in at least two of the public newspapers, that they had so deposited their re- pert and dcsignated also the day on waick it would be Precenied to the cou! rmation od. This not! wd to Jacob §. Platt, or to uny otper in but to apy and every “person whose sights might be ail-ctel, "or Wao had any “objections to make, 4th. On the day and in the court so designated, all ob jectorr. whoever they might be, were invited to mal heir allegations of any and every" matter’ against the keport, to the, tf of the bank, to th red by the law (5132), ng their report co the Nr Platt made none. Mr, Wiggin made gon any intimation of the cha wotion to the report ia consequence of su or ofany 0 chorge, Oth. The chyage, so far ar the effect of the Commis. rioners’ report or its confirmation was concerned, was of ho importanee to e/ther Platt or Wiggin. As to Platt, the mere insertion of his name, whether frem negligence or mietaformation did uot make hia persous)}y liable for the amount aaseserd ; andevan if it Gid, Wigzincoula wot complain of che iejury to Platt. As to Woggin, he knew the its must pay the adsesement, Whether Lue ownership Were changed or uot. He, thare. me, withough duly woried by the wdvertisemeat a the ty interested,” furziehed no faformazion and made no objection, er tothe Commissionsra or to the court, but qt (he tv bim uuimportant error t eport. in that us in ail other by the court judgment, of the e State ppeached. acd th ppeal, after the Le nt of an er Ted to, and so utterly A judgment, 1 0 thie vetin, foam. nt cpon th whioa esof expense, and differeat pre terms of the | as satisfied byt Tporation oa the dih dred years any Tyrrey, who vien ly agcigned tae to Rh. M Biatchford. acting on iggin and che Baul of Kngiand. After « period wilowed by eot was discovered mber, 3441, lor the rchaser at this eale vas W gent of W Court of App ding fhe sale became inoperative; vd, on bebat of the bevk, instemd of Proposing to ceudirm it. ipsieted om the defect aud de monced of the Cerporstion, aud received. a return of the purchare money, with taterest. beteg the ruil unt of ibe sesesement. and ali the charges thereon. d paid over the came to the bank. The bank now h the refunded money in ite vaults, insists that the althevgn inoperative and yieidiog Do fruit, was a nal gh valid in ieseli 4 by any rigid role of Lam, features to recommend careful examinativa, thai it | nity | tis“ counsel, that the heir pro- tinge of an inrp hetd charge ry. that the fault was mot eatiraly | irdispenarble that it should be made intel’igible by itself, without the necessity of further reference. ‘hen. there- fire, it enacts expressly that “every sum’ before as. teesed by virtue of the previous acts, ‘ or which shell hereafter be assessed by virtue of this act,’ shall bea lien or charge, ard wntitied to @ preference, and to bo treated aaa mortgege, (according to the lat quoted.) T above am bound to presume tbat the Legisliatu: the terma used 80 unequivocally express— #0 direct, as they do py tection—that “this act shall be considered ® public act, and be liberally expounded and coustrued, to advance the ends thereot ’ To eay that “every”? as- fessment means ouly a partioulur elass (aot includi ug the precent,) and that “Chis act’ means only a partie 1- lur section Of this act, is to apply certainly not a very a+ tural procees of interpretation, and one which cou i burdly merit the epithet of “ liberal,”’ or of being “intel- ligibie to the common understanding ” I conelude. therefore, in the;whole cass, that the asseas- ment on the houses and lotsin Platt street isa mortgage lien, that there was noe defeot in 1ts origin, or, av least, none thet can be now set up; that it was not eatia ind by the inoperative and mutually canocetled term of years; thet it is not barred or affected by the atatute of tmita- tion; that there is no equity in the attempt to cast it from the shou! ders of the parties benefitted and ptase it on thore of the general tax payers; and that. wheiher regarded as 8 liew. charge or mortgage. it is entitled to a preference over the plumti(l’s mortgage, and “all other incumbrances eeree accordingly, with interest and onsts out of the fund im court artsing from the sale in this mui Bt edb Lord for plalctiits; If B, ohford & Crot orporation, tor defendants, May- | S District Court, fore Hon Judge Betts It appeared by tho evidence i amy named Glagow, came ty this country in July, 1850, im the brig Uatefette, which arrived in bailost and was discharged, on the 4th of July of allthe passengers’ luggage One of the passengers, Wiibelmine Glagow. left on board the vesvel nine mat- tresses. which the Custom house officer discovered on the Shot Joly. They appeared to be ina dirty and uasouad conditie ad the ofticer recommended that they should We wa overboard. as being subject to the Health in on subsequently arore ta his miad, g of one cf the mattrosnes and found underneath sone ‘Theae being enihjest to duty, Mr. Raymond. the Y, seized them. and the Collector directed the Unit District Attorney to pre The amount of Outy Is between terty and fifty dol ‘The defence ia that they were thus for thy egling. but to of them. nnd that the de ot porron to house te pay th van time. tho goods we “ Supeslor Court~Part Second, Kefore Hon, Judge Duer. an ection bronght by plaintiff for the recover: » roods end clothing put on board deferdant’s at Llavre, for New York, in whieh plaintiff! was a iger.and was stranded on the voyege, near vm Beach, end th sand clothing lost For cetenee, it in all ue lawe; apd there being no contract for tranapor- b. defeudents are not Mable The Court dismimed the compiaint. with costa. on the following grounds :-~ Art| That there was no evidence that the goods were re. ceived cn board with the kuowledge or consent of the rT. and, therefore, (hat the dr fendant was notilable dd. That neithor the master nor any authorized agent of ne ship had any knowledge of ihe contents of the bales of goods laden as baggage. $4. f the master ad entered int cutered on the menifest aa bagaage the o able ss such agreement wouid be a f. revenue lewa of the Urited States and up 4th. Thet the weds deing liadle to cor veeted in the United States and conse; UM sustained no loos, an agreement to transport goola not rs were not wines Superior Court- Term, Present Mon Judges Sand and Gampbell. Tan. B—Decitiov—Jacod IL De Wie geo ue Wile Jam Watton, dapi'd. §c—Sudgment—Tha omplaiat be Giemizeed, PPECIAL TERM Refore Justice Sandford Dreisions—-Siias Laid. Sey vs and others. Motion denied, ¥' amend comp! in d. Crocke = Order fo Si Motel. ju William order io settle i's financial afaiza, and to ew ¢ rs. The number ot members present, | owing to the bed state of the weather, was only about twenty five, Tho reporter of the Hxcaro was the oaly | esent. and wi by tie test urbanity 2 reading | President of th Mr A tion relative to t esigent read a dooum | ¥ approving the | id the iwembers hoped that, would be inoresred. 8 by the Le in fature, ihe funds | the act of inoorporati eof the State was igsaries hese gentle. cted by aimee rvany Drantat oy drers we cil on the 6th i mites tobe a brillian’ Py pre vietion of then perpetrated ca the ticing the roner's inquert oa s killed ata consi yard, u revemen’ erpameatal bat wey U rytoH AK ment retarded his ped ws the cor hitting angement of the sire Fe Sot, it Is eu Me ay that the part had two hearings, or at least two cpport ve already | sof being nities beard—one before the Commissioners, and one before the Court; and that it iz essential tothe peace snd good order of the community tia’. some time or other, | there should bean end of litigation The third objection raised by the plaintiffs is, that edmittirg the assessment to have been valid, and not ise ie by the inoperative sale, yet all claim under it, et this Inte day, is barred by the Statute cf Limlta- tions, Aa to the citation of the new Code in support of this chjeetion, the ccunsel seem to baye overlooked the pro- veion iu $73, which declares that the title on limita tions “ebell not extend to actions already commenced, or to cases where the right of sotion has slready ac- cued’ The law, therefore, ns before existing, whether elvered OF not by the Code, must furnish the rule of de- civion in the present case, By that Iaw, judgments and sealed instruments were Jable to the presumption of payment sf:er the lapte of twenty years. Other ¢lalme—suoh us notes, book debts. So—Were barred in tix years, and some in shorter periods still, ‘The asrerement in question, as nlready crated, Warconfirmed on the third of April, lsv. more (han sa, Dutlessthan twenty yearsago, Is it, thou, ia the pature ¢f @ common demand barred by the com: | ‘ation. or is it a debt of record? or ia the aature ough confirmed by the court, ing Judgment, for # personel demand, on which | ry @Xeeution eould be ieeued, or Which could be dccketed, 80 ag to bind any other lands than those | specaficoliy agsested. It creates no jlen a3 ® judgment, | dex the law epplisable to judgments, bat is made a | pecial “lien or chuzge oa the lands” acsessed as bene- (ited, under the particular statute relating to the city (186 493) And ns [read toat statute, | rerment is net only # lien or charge on the par- lands, (a point not disputed.) but is + entitled to tence beicre all Other incumbrances upon the d may be eved for and recovered, with costs. in e » monner as if the said heures avd lots, in the la © G1 the act, Were mortgaged to the ard Commonalty, for the payment thereo © Bot referred to was passed om the Oth April. 1815, as ite ile purposted, “An act to redu ciatirg particularly tothe city of New \ork into (” [twas tutended primerily to remedy the evil of eg ebliged to retort to sume scattered yolaun ce ntulting various provisions on other subjects, ta toexiraet fom thew, for each pariieular oocaston, our Acoal Gude, Be accomplish this object, tt was of course Mayor, Alder. ot.” on Eoavertow.A poor, > had the appearanse of a 0 re, but was 80 weal She was conveyed by them Covill aimintetered to her wants emed nee -On Wednerday night, about + i the faney store of Mesers. Van No $20 Broadway, was diseo firemen were quick- the assistance of the police, before any serious damegs The stock of shirts. gloves, to beat ¢ Tombs wher ramedies es h is Broapy after ten o°¢ & Fit edto been fire. A large number ices, and ly atthe pre manseed to was cone 3. ¢ materia Dg. waa extensively damnged hy 0. on which there amount ct $4 th ward police, sw din saving mount of property. The origin of the known iste Pine os Linpaety streer.eFreeman, Hodges ct OS Liberty street, lose is estimated at feom Insured for $0009. as follows ce Co,, Bta'e of Pennsylvania, $5 000; total, $30,000. Asotin Save Fouxo arcenn Fine mw Nase Seneet = The sate belonging to t y . (one of Her. ring’s talanander fi Pau streets, afle the books. p being legible on kcles, was fu (he sae cond! Movements of tndivir fenant Governor Churoh is ta Tio was taken iil while attending ou! ta hi in i Albion place, on Weduerday, and war an On Thurrday morning he wos 4 again objiged to retire, from a renewal of the attack, a urt Naval Intelligences The United Btates sicop of War Vincennes was'at Ho- lulu, Novembde 7 ‘The U.& sicop of war Falmouth arrived at Norfolk yeaterday, from Kio Janeiro, Mr. John T, Stoneall. Gap. ‘ain’s Olerk, died on board during the passage, Tia waa ason of ex Alderman Stoneall. of the Second ward, and held a lientenant’s commission im tha royenue service, previous 40 tts reduhion, 4 | accepted a call from the Congr 1 | uvited with the Old | tothe Rev. Augca acrepted Religions tatelligence, CALENDAR FOR PRBRUARY 1, Fourth Sunday afver Epiphany, 2 Purification of the B Virg a Mary 8. Septuageriwa Sunday. 15. Sexagerima Sunday $2 Quipquagesima Bunday . Bt. Mathing Asch Wednesday —[Preper Paalme ers before the General Toanksgivirg | 29. First Bunday in Lent, SERMONS TO DAY. Dieciples’ Meeting House, Beventeenth atreet—Dr B 8. Shephard, morning Sunday Khoo} and Missionary Society, Mulberry street Prot. Loomis and Rey, RS Foster, evening Fuffoik street Church—Elder Walter, evening. Washingtan Hall—Revy LD Mansfeld. evening University piace Church, coruer of Tenth street--Rev. HB. Sinith, evening Rey. J, M, McDonald—Fourth Congregational Charch, evevirg Rev &. 8, Stores—Tabernacie, morning; Dr Patter: in afvernocn and evening new Weltoa—Dwight Osngregational Churel, Bpecial prey- morning, afternoon and evening Rt. Kev Henry J. Whitehouse, D. D --Church of the Vpiphany, 120 Rev. WoS. | Sinn Bal n street. Universalist Mission Church, 6 Leahey. DD —Hope Chape!. evening y Geo Hill--Medical Gellege, morning and after- St Stephen’sOhurch evening Pictersor Bush=-New Jvcusalem Courch, tiguch stree evening, Key J, M. Macdonald... Uifteenth street, evening Baptist Taberunc v1 Lathrop, evening | _ Kev, Dr Adams --Centra! Presbyterian Charen, Broome street. IONS, INSTALLATIONS, ETC. Mr. 8. W. Taylor was ordained as a mia of the gorpel, at Hallowed, Maine, on tle Gist December. fev, NM Wood. recently of Bloomtiet1. bas removed to Waterville. Maing, end eatered upon his duties ap pastor of the Beptl rch in that place. Rev J. Merrill tered ppou fis labors as pastor of the Paptist chureh at Norway, Maine Kev Ltt Northrup. tor several years pastor of a Pros byterian church {p New York, waa, on January 14, in- simled cvex the Congregational church in Melzose, Dines liev. Nathaniel Colver has accepted the call of the Bap tist chureh in Abington, Mass. The Rev. Alexander Hf Vinton, D. D,of Boston, has been ordsined to the rectoship of Bt, Thomas The Rev John A. Jerome, deacon, bas been rresived into the diocess of Western New York. fom thé diocese ot Maine, ond ts the minister of Chriet church Mam- tohaa been invited to the rectorehip of ihe Advent, Boston, vacated by the death Henry B Bmith. late of Granville, Maes. was ime stor of the Congregational church and society im Abinetcn, Coun, on the Lith iost A Vapuist churé) was org: at Lafayette Pa, om the 17th wit ‘The new Presbyterian church, at Pluckamin, N. J ,will be dedicated F ureh hai E + een gathered nt Bristol, Pa., ovee sectled as itor. N sor MacLeod has removed to Richmond, Ken- tuek nh Cam 7 . Btephen McHugh has changed his residouce to Jen. Arkoneas, Key James Cole Traney has been transferred to diccers of Ohio by letters dimissory to the Right ¥. the Bishop ot the Diocers, om. late of Middle Haddam, Ct , A pastor over tue Cougrezational f entre. Ct instailed Paster of the Congregational church at Vil- H were. Ot, My Jacch Tiamberman has been ordained pastor of the Bogtirt church at Mount Bethel. Somerast Uo, N.S. Rey Peter Stryker hos been inatulled pastor of the Rutormed buteh ¢ nat Pougbkeepeio Jey doin & McClung has been installed pastor of the First Presbyterian church of Ludienspolls Mertin Dudley bas been ixstalled pastor of the ienot church in Barton, Ct M_ Dinsmore bas been instulled pastor of the an church of Uties, Ohto. Key Jobo I S'cwnley hes been installed pastor of the Firet Presbyterinn eburch und congregation of own, by the fy ISSA thaniel Cognwe | pal duties. th an. Inte of Athol, Mase. wae ion of tha Eastern Dietriot of cf the Thira Congregational Hed by the Consoet New Hatem 1 Re mC. Foster late cf the Shawmut Chureh, Peston, Lae oven instalied as pastor of the Central Com- ational church and society in Lawrence . Stephen Rem'ngton, bas acecpted the call of the st church in Philadelphia L Hall hay been ordained to the office of a inivister of tie Beott, Pa Key. Edward Now Maven Gonn., haw gstional church sad uted rector of Christ Rev, Wia T Smithe.t wes fwatituted rector of Christ . Boston, on the Feast of the Kpipbany he church of Waynery uois, baving Late! ery. have given a our! which Ras beew Atwati acelety of n Kalle N i tev. WS. Child aus been in ral relation between the Rey Joehua Phetpe nurch of Quincy. Florida, hae heen dissolved The Rey Dicn P of Covington, Va, has removed to the Red Sweet 3: Rev, John Tay! ,of Siam, fa dead The Key Mr. Parsons, late’ pastor of the Baptist h. St. Paot's, Minnerota, died on bis pasvage trom Wr. if Newman died at Flatbush om the 10th hh ave ou the George W. Morvey M of the Baptist has tosigned nowt to Fair u the charge of * charge ot the y the Preside nt, i Con the Ser ivan cratary of ates in Breil, iu the place achusetts, to be Seorotary of he Legation cf the { {ates to the Moxicun repub- Uc, in the place of Buckingham Smith reca led. Alexander Wi'kin, of Miunerota, to be Secretary ofthe Tenttory Of Minuesota, in the place of Uhasles Ky mith, Julius C. Kretechmar, of Pennsylvenia. to be Consul of the United Btates for the port of Palermo. in telly, inthe place of B W. Uiduey, resigned. Leonard W. Jerome, of New Yorks, to he Conaul of the United States fort ort of Trieste, in Austria. nh 1. C. Mills. et Georgia. to be Marshal of the United ftates for the district of Georgia, in the piace of W. Mi. Brown. reeiqned. Jenn &. bush, ¢f New York, to he Marshal of the United s for the Northern district cf New York. in the place V. Keilegg, removed yy. Of Pennsylvania, to be Marshal of the ca for the Wealern district of Pennsylvania, in the place of Alexander Irvine, resigned Bpruice M. Baird, of New Mexioo, to b« agent for the Tndiens cf New Mexico, in the place of BR. H. Weight- man Themes Carbery, Lewis Carbs W. J. MeCormick, Jeha H. Goddard, Joreph N Pearson. P. Shoemaker, Meury Keaon. John D. Clark, William Waters. Nicholas Celian, ond Samuel Grubb, to be justices of the peace im the county of Washington, in the District of Columbia, aiu of Jamns G. Binney —Jamos n 1844. the candidate of the © Li ident, died at Siganaw, Mich, a { ¢y Wes formerly aa uncom; AQ opponent of ihe colonization he bad Jat ly changed his ¥ now in press, in Cineinwati, a pany and which contains an address te ie United tater, ard zives vi 16 * of their removal, and mo less dec! ver of Liberia, im preference to Canada o Todica, gt on at «and that written ored. TRESPASSING UPON THE Pert —No mall degree of excivement has been caused in lows, by the finding ‘of a jarge number of indictme: the tsession of the United States District ubuyue, agsinst p: ys for cutting timber upon the public lands. The Grand Jury b out in a card, stating that they alone a apd that ali exospers! ) prjost and Busey led. re,

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