The New York Herald Newspaper, December 28, 1852, Page 7

IMPORTANT TO TAX PAYERS. @olliston Between the Common Council and the Commissioners of tne Sinking Fund. NEW YORK SUPERION COURT William L. Martin against The Mayor, men, and Com ty of the City of Ambrose C Kingsland, Mayor of said: Comptr: ller of sa 13 Bhepheri p, Chamber= dain of said city; ee M. Bard, Chatrman of the Brance Committee of the Board of Aldermen, Helaws M Wells, Chairman of the Finance Com- mittee of the Bourd of Assistant Aldermen. Summons—(For relief } To the defendants:—Y ou are hereby sum moned and —— to answer the complaint in this action, of wi scopy is herewith served upon you, and serve aeopy of your answer on us, at our office, No. 51 Chameers street New York, within twenty days after the service hereof, exciusive of the day of such ser- vioo; and if you fail to ariswer the complaint as aforessid, the plaintiff will apply to the Court for the relief demanded in the complaint. Sweeny & AnvERSON, Plaintiff's Attornios. No. 51 Chambers street. Dated, New York, Dec. 23, 1852. City and Cou of New York, ss.—The com- pisisi of William & Martin, plaintif in this action, the above named defendants, shows to this art, that the plaintiff is an inhabitant, freeholder, and taxpayer, within the city and county of New York; that on the eighth day of Jane, one th eight hundred and twelve, the Legislature of the State of New York, on the spplication of the Mayor, Aldermen, and commonalty of the city of New York, passed an act, entitled ‘An act to regulate the fi- nanees of the city of New York;” in the preamble to which act it was recited, that the Mayor, Aldermen, and eommonalty of the city of New York, have, by their memorial to the Legislature, rarewrenn san by reason of the great expenses which they have incurred in the erection of public buildiogs in the city ot New Rane gta! parehen of pet = sabia yur pore: e opening, enlarging and improving pata Ge hag Eee and piers, and, in uence of various other improvements of a per- Seainary rovomms of the copeentivn slogstber in revenues 0 001 on al er in- adequate to meet the demand which those expenses have jaced, and that they have, therefore, from time to time, been obliged to raise money by bonds, under their corporate seal, to defray some of those expenses, and have also given their bonds as security for the payment of the residue thereof; representing, further, that, for the pur- me of carrying into operation the plan which lately been made by the commissioners, a cangheey by an ast of the 1e gislature, for laying out said city in streets, avenues and public squares, a som of money will become requisite which they derpair of bein £ avle to raise without legislative in- terference in their behalf; and praying that the Le- arya may pase an act, permitting, them to fund eir present debt, and provide for tueir future exi- gercie®, by creating a stock not exceeding nine undred thousand dollars. And that the prayer of seid memorial appears reasonable, and is the more especially to be granted, inasmuch as tho interest of the State at large is intimately connected with the prosperity and improvement of the city of New York; avd that prosperity and improvement essentially depend upon, and will be mate- rially increased by a permanent arrangement of the finances of said city, and thus establishing | the credit of the corporation ona solid basis. And | in and ied suid act it was proved that it should and might be lawful for the said Meyor, Aldermen, and Commonalty, to create a publio fand or stock, Rot exceeding nine hundred thousand dollars, and provision was made in and by eaid act for the sub- scription to, and iesuing of, said stook, the interest to be paid thereon, and the manner in which the accoun's therefor should be kept. It was further provided in and by said act, that the persons en. trusted by the Common Council of said city with the execution of said act should, before they en- tered on the duties imposed upon them, become bound in such sureties, andto sush amounts, as should be satisfactory to the said Common Gouncil @onditioned for the faithful execution of the said duties entrusted to them; and it was further pro- vided in and by saia act, that the faith ofthe Mayor, Aldermen, and Commonalty, of tho city of New York should be pledged for the final ae gl pe and payment of the stock which should or might be ereated pursuant to the provisions of the said act. and that all and singular the revenues of the said Mayor, Aldermen, and Commonalty, of the city of New York should be and were thereby appropriated for the payment of the interest which should be- eome due, and should continue so pledged until the fipal redemption of said stock; and that in case the faid revenues are not sufficient to satisfy and pay the whole of the said interest, then and in that | case tho faith of the State should, and the same wae | Dy ssid act pledged, to pass such act or acts as should be from time to time necessary, authorizin; the Mayor, Recorder, and Aldermen, ef the city New York to raise, by tax on the estates, real and personal, of the frecholdors and inhabitants of, and situate within, the said city, such um and sums of money as should and might be requisite to supply ert ace every auch deficiency. 6 the inand by said act the public fund, known as king fund of said city, was originated and established, and a system ef financial policy to permanently control the fiscal concerns and property | of the city of Now York, was created, under pledges | and guaranties binding the Mayor, Aldermen, and Commonalty, of the city of New York, and the ‘islaturp, and to the Ua meh of which the pro- perty of the said Mayor, Aldermen, and Common- alty, of said city, and the faith of the Legislature, | were pledged. | That abe uently, and on the 20th day of March, 1820, and op divers periods since the passage of the firat mentioncd act, the Legislature of the State of New York, on the application of the said Mayor, Aldermen, and Commonalty, have Re ious acts authorizing the said Mayor, Aldermen, and Commonalty, to raise additional sums on stock, to be paid by them in the manner, and under the | stem, pledges. and guaranties, im said first men- Soned act provided, and applying and continuing in foree the provisions of the said act in reference to all such leans and stock to which the revenues of the said Mayor, Aldermen and Commonalty of the Gity of New York had become pledged and mort- gaged in the manner provided in said first mention- ed act, to an amount exceeding, in the whole at this time, fourteen millions of dollars. ‘That at the time of the passage or the said seve- ral acts, the said Mayor, Aldermen, and Common- alty were poseed of a large amount of unimproved ands, situated in the upper section of the said city, ealled common lands, also lands under water, au improved property withia the then,inhabited dis- trict - city 3 a large poser sf meet jer, a julkhead property, and of 7. p bn to erection of wharver, piers and Pulkheads, and since used and appropriated to such purposes, whieh | constituted the sourees from which the revenues of the city wore then derived, and were thereafter te be derived, and in which enumeration was included the real estate and wharf, pier, and bulkhead pro- perty hereinafter particularly described. That on the 22d day of ebruary, 1844, the Com- won Council of said city, without any Tegal ganc- tion or authority, and violation of the afore- said pledges, and under authority assumed to be vested in the enid Common Counoil, passed an ordinance,-in and by which, it was provided that all money theretofore received, and thereafter we ie ant —_ ie iM fag Sipe [sb rtp A specified, were thereby pledged and a and were constituted and formed : fund called ~ The sinking fund of the on New York, for the redemption of the city debt,” until the whole of the stocks of the city of Now York should be finally | and felly redeemed; and it was further provided in guid ordinance, that all meney thereafter to be re- ooived fronr’certain sources therein particularly spe- Gified, were applied te and constituted and formed sfand, to be culled “ the sinking fund of the city ef New York,” for the payment of the interest ac- @ruing and to accrue upon the of the city of New York, until the same should be fully and finally redecmed; and it was further provided, in and by mid ordinance, that the Mayor, Reoorder, Com; troller and Treasurer of said city, and the Chair. man of Finance Committee of the Board of Aldermen, and the Chairman of the Finance Com- mittee of the Board of Assistant Aldermen, for the ing should constitute and be denominated ¢ Commissioners of the Sinking Fund of the ity of New York,” and that any four or more of the said persons, of whom the Comptroller should bo one, should be, and were thereby, author to discharge tho trusts and duties vested in them by , said ordinance, and in and by whieh said ordt- Ranee it was further provided that the said commis: | sioners of the sinking fund were and should be authorized to sell and dispose of all real estate be- | longing to the enid Mayor, Aldermon, and Gommon- | alty, and not in use for, or reeerved for public pur- | fh age muction, at such times and on such as they might deem most advantageous for ee interest, with a proviso that no property should be disposed of fora smaller sum than that affixed to the eon of said property, woder ae oy of the said ordinance, and that at least \wenty days previous notice of the time and pla: such sale, Tndading & doceription of the operty. i | be sold, should be published in each of ‘ie ne! | pars employed by the Corporation ; it was further provided, in and by said ordi that nothing therein contained should be so construed as to im- pair or affect any plodge theretofore made and then existing, of dny property or its proceeds, embraced in that and the ling title of said ordinance, and to which said ordinance, for greater certainty | im the promises, this plaintiff hore prays leave to vefer as a part of his said complaint. { That on the i3th Pa datin 1845, the said Legis | Jature passed an act entitled “an act creating a public fund or stock in the city of Now York, to be | called the Croton Water Stock, and in relation te | tho sinking fond of said city,” in and by which aon o ys by ast, ry , Aldermen, and Commonalt authorized to reise a eum net extecding ive tus: | that the same was se submitted to th an, tee that act contained, Feary tes afc “f stock, and by which said act it was furt! approved by the force, Mayor of anid city on the twenty: second day of Feb- thousand eight hundred and forty-four, said ordinance hereinbefore particularly referred to, and ordinance that might thereafter be passed by the or, Aldermem, and Common- alty of the city of New York, im conformity with the provisions of that act, and relati said sinking fund, should not be amended without the consent of the Legislature first had and obtained. ae by setting yoy and toand for the pu of the said sinking fund additional revenue, whenever the said Mayor, Aldermen, and Commonalty of the city of New York should deem , and the said ordinance should remain in full force and virtue, until the whole of the debt created for the introduction of the Croton water into the city of New York should be fuily redeemed. ‘bat as this is informed and believes, the last payment of the debt created for the introduo- tion of the Croton water into the city of New York, will fall due im or about the year one thousand sight undred and ninety. That, as this plaintiff is fur- er informed and believes, the raid are time to time, subsequently to the year 1845, pen various other acts authorizing the said rr Aldermen, and Commonalty the city of Nev York to raise money om the issue of stock, in the bey breed a led and pine of 1812, and applying provisions, ulations and re- striotions, to such additional eda This tiff further saith, that as he is advived and es, chat said of February 22, 1844, was void in so far as it authorized or attem; ed to authorize the sale ot the said property of the eaid Mayor, Aldermen, and Commonalty, before the said debts became due respeotively, ‘and then only to the extent required to disel e the particular debt due, inasmuch as the design, intention, and fect of the said several pledges of said property were to prevent any such sale or disposition fer any other purpose than to meet such debts as a became due, express provision being made in said several acts for raising oy, taxation any deficiency in the reve- nues from said property to Pf, the interest which should become due upor said several loans, so that the said property should be retained, and its growth and inorease in value should be for the benefit of said fund and the taxpayers of said city, and that the said legislature could not validly affeot or impair the contract between the said Mayor, Aldermen, and Commonalty, and the holders of the said bonds or stock, by authorizing the sale of such property in ~ Korie in vioiation of such pledges and con- Tracts. This plaintiff further states, that as he is informed and believes, the several sums of money borrowed by the said Bae, Aidermen, and Commonal:y, in pursuance of the said act of June 8, 1812, and the subsequent acts applying its provisions to the addi- tional loans authorized by the Legislature, and for the interest which the revenues of the city were edged, amount at this time to about the sum of fourteen millions of dollars, for the payment of the intereat on which the revenues and faith of the city wero end are pledged in manner aforesaid. That, notwithstanding the provision contained in the said ordinance, that nothing therein cortained should be so construed as to affoot any pledge there- tofore given, ond notwithstanding the constitutional inhibition against any interference by the Logisla- ture to impair the obligation of contracts, the per- sons desigoated in said ordinance as commissioners ofthe sinking fund, have treated the authority of said ordinance, and the recognition by the State Legis- lature, as conferring unrestricted power to sell any or all of the said property constituting the said sources of revenue, whenever they should deem the fame expedient, and have from time to time, with out apy necessity connected with its pledge, sold and dispored of the same without reference to the liens upon such property by virtue of its pledge, so as aforesaid created, so that, while the revenues of the said Mayor, Aldermen, and Commoaalty, were pledged and appropriated as aforesaid, the satdcom- missioners of the sinking fund have been eng: in telling and disposing of the said property, thereby cutting off the revenues specially appropriated to the interest of the said debts, and have converted the same into money, the interest or revenue from which has been and is greatly disproportioned to and less than the income which could have been de- rived from the constantly increasing revenuos arising from the rapid growth of the city and im- provement in property of the description composing the sources of the revenues pledged as aforesaid. ‘hat as this intiff is advised and bolieves, in 80 far as the said act ofMy 13, 1845, restricted or attempted to restrain, and restrict the power of any subsequent Legislature in reference to the adminis- tration of the eaid sinking fund property and of the fiscal concerns of the city, was ino; ive and void. That on the second day of ‘April. 1849, the said Legislature pasted an act entitled “An act to amend the charter of the eity of New York”—that it was provided in said act that it should be sub- mitted for the approval of the electors of the city and county of New York, at an election to be held in said city on the second Tuesday in : fess id dopted and ed by nl electots ned and was a and approv. such electors, ani the said act went into effect sovordiogy on the first day of June, 1849, as therein provided—that it was thon cath fa = by said act, bceig other ings, that the legislative power of the Corpora- tion of said city should be vested in Common Council thereof, the exe:utive power of said Corporation should be vested in the Mayor and the heads of de: its, and such other executive officers as should be, from time to time, created by law—that there should be an exceutive depsri- ment, which should be denominated the ‘“Depart- ment of Finance,” and which should have ‘‘control of all the fiscal coneerns ef the Corporation,” and should preseribe the forms of Keeping and renderin; all eity accounts rendered to or kept inthe several departments of the city government, and that the same should be subject to the i ion and revision of the officer of said depart- ment—that it should settle and adjust all claims whatsoever in which the corporation is concerned, either as debtor or creditor; that the chief officer of anid department should be called the “Comptroller ef the city of New York,” and that there should be a bureau in said department for the eollection of the revenue accruing from rents, and interest on bonds and mortgages, and for the per- formance of such other duties as might be directed by the Common Couneil. And it was fart! vided in and by said act, that the sevora) 01 departments thereby created, should be subject to oe legislation, regulation, and direction of the | Council, so far as the same should not be inoonsistent with said act. It was further provided, that the heads of the several departments created by act, except the Croton Aqueduct Board and the Mayor, should be elected every three years by the people. That un- der and in pursuance of the said act, the said de- fendant, Joreph R. Taylor, was elected Comptroller of the city of New York, on the first Tuesday of No- vember, 1849, and entered upon the said office on the first Monday of ary, 1859, and has held and poesessed said office under the powers and duties so as aforernid prescribed, from thence hitherto, and that the term of his office expires on the first Mon- da: rarrg 1853. That at th the city of New York on the first Tuesday in No- vember, 1852, Azariah OC. Flagg was to succeed the said Taylor, and will onter upon the duties of said office on the first Monday of January, 1858. That as this plaintiff is advised, and believes, the visions of eaid last mentioned act ef the jelature entirely abrogated and annulled the ordinance of February 22, 1844, and lodged the entire menegement of the concerns and pro- perty, ae pot BS Steere Department there- yy created, sul @ legislative re, tionand direction of the Common Council. i Th his plaintl® is informed and believe nding the previsions of the last mentioned act, the persons or officers desi ordinance of February 22, 1844, as Commi of the Sinking Fund, have assumed the entire con- trol of the Property of the city pledged to the re- demptica of t! ty debt, and the revenues assigned to the paym of the interest thereon, and havo, from time to time, sold large proportions of the said and are in the act of selling, needlessly and improvidently, a large proportion of the re- mainder of such property as hereinafter more par- ticularly shewn. That since the first day of January, 1°52, the persons named as defendants in the title of this oom- plaint have, assuming to aes by virtue of their re- tpective offices and positions as designated in eaid title, assum such control, anage- Paes me ous be be and have = sold preportion of Property, as alle missioners of the sinking fund “idder said ordi- bee of Febra ad 14. co neither of the fal reons or officers have given any securit: bond’ for the faithfal perbesanee a the duties claimed and assumed by them as such alleged com- missioners of the sinking fand, nor has oither of them become in any manner qualified to act as such com- missioner, even though enid ordinanee had not been Snnulled and abrogated as aforesaid : that the said Persons or officers 80 acting as such pretended com- missioners of the sinking claim to act and do act as a board, with one thercof as presiding officer or chairman, and to prss resdlations and decide upon the disposition of the a’oresaid property as —, aus hae time ee Pro and their conducted in a manner beyond any ible rapes di sponsibility, guaranty, or” protection, ageiast That as this plaintiff is informed and believes, ry Sica stthe wld ty, uke os elon dey of February, ction held in | july elected | In and by said | selonors » OF Control, and without any re- | | with ! | | ‘tate, without any legal necessity existing for ; 2 | of e: of public parks, and ortate necessarily used by the governors of the Alms House snd for sara the ae hee of lose 5 page , a8 appears report, is eleven fone, pcan -nine thousand, eight hundred and thirty-three dollars, and ninety: seven cents. bag bee ae the sum of eight millions, eight hundred sixty-two thousand, five hundred and fifty-three dollars, and forty-five cents, as the actual a’ means of the city from the above mentioned sources, for the paymen of the principal of the public debt, amounting at this time to about fourteen millions Sf sald stallable propery, us sppeara by ead report o available property, as a} of the said Comptroller, the po. merrier of the common lands remaining unsold is but seven hun- dred and forty-one thousand one hundred and seventy: five dollars, and the esti value of the wharves, piers, and bulkheads, belonging to said alty included in said available is three - ions, two hundred and fifty-eight thousand lars. That on or about the 23d day of November, 1852, public notice was given by the aforesaid defendants. 0 unlawfally claiming to act as the commissioners - es sinking fund, as aforesaid, to the effect fol- lowing :— Conronation Barz Or Rear Estate.—Public notice is hereby given, that by virtue of the poweas vested in the missioners of the Sinking Fund of the City of New York, by an ordinance of the Common ‘Counel of the Sik ot lew York, passed February 22,1844, and an act | of ware of this State, passed May 13, 1845, the | Commi ers of the Siuking Fund will offer for sale, at | patito auction, on Tussday, the 2ist day of December | 1852, at noon, at the Merchants’ Exchange, in the city 0” | New York, the followirg Real Estate, belonging to the Face Ser a ng sa | on wester] avenue, | between Slat and 62d sts. x 5511 oe lots om 53d st., north side, and on 4th and | ave. Third—66 lets on block bounded by 58th and 59th sts, | and 5th 6th ave. Fourth—68 lots on block bounded by 60th and 61st st , aud 5th and 6th avs, Fifth—68 lots on block bounded by 61st and 62d sts., and 5th and 6th ays. Rixth— 56 lots on block bounded by 64th and Gdth sts. and 6th and 7th avs, Seventh—56 lots between 65th and 66th ste, and Oth and 7th ave, Eighth—66 lote between 67th and 68th sta., and 6th ard 7th avs, Ninth—37 lots on 724 st., north side Sth and 6th ays, Tenth—11 lots on 74th and 7hth sts., Sth and 6th aves. Eleventb—74 lots on block bounded by 76th and 76th sts., Sth and 6th ave. Tweltth—37 lots on 78th st,, norih side of Sth and 6th avs. Thirteenth—37 lots on SOth st., north side 5ih and 6th ays. Fourteenth—36 lots on 77th st., north ride, and om 4th | and 5th avs. Fifteenih— 64 lots on block bounded by 77th and 78th | sts., and 6th and 7th ave. ‘Also the following pier and wharf property: Sixteenth—The easterly half wet of Pier river, foot ef Broad st., and the half part of bullchead tween Piers Nos, 4 and 5, subject to alease on the same | till May 1, 1853, with $1,500 per annum rent, Seventeenth—The westerly half part of Pier No. 5, East river, foot of Broad st., and the bulf part of the bulkhead between Piers Nos. 4 and 5, subject to a lease on the same til] May 1, 1853, with $1,600 rent per anmum, | Eighteenth—The easterly half part of Pier No. 6, Kast | river, foot of Broad st., with the half part of bulkhead between Piers Nos 6 and 6, subject to » lease on the | game till May 1, 1853, with $2,525 rent per aunum. Ninetrenth—The westerly half part of Plor No. 6, East river at Coenties? slip. with half of the bulkhead between | Piers Nos. 5 and 6 subject to a lease on the same till May | 1, 1858, with $2,525 rent per annum. i ‘Twenticth—The easterly half part of Pier No. 6, Bast river, at Coenties Flip. to the southerly line of South st., | extends d acrors Coenties’ slip, subject to a lease on the some till May 1, 1863, with $2,000 per annum rent. Twenty-first—The westerly half part of Plor No.7, | Enat river, at Coenties’ slip, to the southerly line of South st., extended acrors Coenties’ slip, subject to a lease on the rame till May 1, 1653, with $2,000 rent per annum. ‘Twenty. seoond—The easterly half part of Pier No. 7 ast river, at Coenties’ slip, to the southerly line of uth street, extended across Coenties’ slip, subject toa | lease on the same till May 1, 1853, with $2,000 rent per anzom ‘Twenty-third—Tho westerly half part of pier No. 8 | Fast. river, Cocntice’ slip, to the routherly line of South street, extended across Coentics’ elip, sudject to a lease on the seme to May 1, 1853, with $2,000 rent per annum. | Twenty fourth—The easterly balf part of pier No. 13 East river, at Maiden lane, with half of the buikhoad | between piers Nos 18 and 19, subject to @ leare on the | fame to May 1, 1854, with $2,250 rent per annum, wit covenant that the leseee shall keep the same in re- | poir, { Twenty. fifth—Tho westerly half part of pier No. 19 | East river. at Fletcher strect, with halt of the ‘0, 4, Bast | betwee Nos. 18 and 10, subject td & lease on the | same to an 1855, with $3 803 rent per annum. | Twenty-elzth—The easterly half part of pier No. 83 | Eeat river. at Oliver street, and the westerly half part | of pier No. 84, with the bulkhead between said piers, | subject to @ icase on the same till May 1, 1854, with | ,012 per annum, with a covenant that lessee shall | erp same in repair. i Twenty sevemth—Pier No 37 East rivor, at Marke! | slip, with half of the bulkhead between piers Nos 37 anl | 38, ard about 40 feet of bulkhead on tho westerly side of | said pier, eubject to a lease on the same till May 1, 1354, | with $1610 rent annum, with @ covenant that the lesree ehall ce! the same in repair. | ‘Twenty-eight ‘Pier No. 38 East river, at Market slip, with balf of the bulkhead betweem Piers Nos, 37 and 88, subject toa lease om the same till May 1, 1864, with $1675 rent per annum. with a covenant the lessee | shall keep the same in repair. Twenty ninth—Pier No. 41 East River, at Pike slip, of the bulkhead between Picrs Nos 40 and 4l, | and about 30 feet of bulkhead on the easterly side of said i Pier, eubject to a lease on the same to May 1, 1854, with $2.5(0 rent per spnum, with @ covenant that the lessee ball keep the im oe ‘Thirtieth—Pier No. 18 North River, between Albany and Cedar sts.. with helfof the bulkhead between Piers | 12 and 13 and 13 and 14, subject to a lease on all the | Pier within one hundred and fifty feet of the outer end | of said Pier, to May 1, 1854, at the rent of $3505 peran- | num. Possesrion of the 160 feet from the outer end will | be given May 1, 1858, without any lease on the same. irty. first—The southerly half Nortb River, at Cedar et., with haif of the bulkhead be- | tween Piers No. 18 and 14. rubject to a lease on the same | to Mey 1, 1864, with $2 006 rent por annum, with # cove- pant that the lessee thull keep the same in repair. ‘Thirty second—Pier No. 29 North River, foot of Warren | st , subject to leases on the same till May 1, 1865, with $4,000 rent per annum, | Thirty third—Pier No, 81 North River, foot of Duane st., with half of the bulkbead between Piers Nos. 20 and 31, and Piers Nos 31 and 22, subject toe lease on tho | same till May 1, 1855, with $3,000 rent per annum, with | a covenant for @ further renewal, at a rent to be fixed by appraisement. birty-fourth—Pier No. 32 North River,between Duane | ard Jay sts. with half of the bulkhead betwoen Piers 31 and 82, and Piers 32 and 23, subject to a lease on the same till May 1. 1863, at $2.00 rent per annum, with # ooven- ant that the lesree shall keep the same in repair. | Thirty fith— Pier No. 85, Northriver,at Franklin strect, subject to @ lease onthe same till May 1, 1953, with $2.556 remt per anpum. Thirty sixth—Pier No. 37, North river at Beach street, | subject to a lease on the came till May 1, 1854, with $1,280 rent per annum. Full warrantee deeds will be given to all the purchasers of lots, All the right, title, and interest of the city will begiren to the purchasers of the piers and bulkheads. ‘Litl nog phic msps of the above real estate may bo ob- tain it the Comptroller's cffloe, No 5 Hall of Records, | ith day of December next. ‘Tenms or Sarz.—Ten per cent of the purehase money | and expenses of auction and sale to be pala at the Vomp- | troller’s office, on each day, immediately after the sale; fifteen per cent on all pui 8 of lots on the 3d day of ent , 1868, when the deeds will be ready for delivery; and th balance, (cevemty Ave per cent.) may remain on hend a1 ae ag tad ive hese from January 1, 1853, with interest at the rate of six per cent per anmum, pay- able Lo ein Thirty per cent om all purchases of wharf and pier pan: eine 2d day of February, 1853, will be ready for delivery; Gent the ba. when the eeds ruary 853, with interest: annum. ble haif-yearly. ier and wharf property to Febroaty 1, 1853, are re to the city. The sale will be continued from day to day, and any property on which the tem per cent is rot paid previous to the follow- Ing day’s sale will berold over again ihe next day. mptreiler’s office. No 6 Hall of Recorda, Nov 23, 1852. JOSEPH BR, TAYLOR, Comptrolier. Whieh notice has been published in one or more of th {seed newspapers of the city of Now York.— real estate described in said notice, com- a large portien of the common lands, herein- mentioned as a portion of the property avail- able for the extinguishment of the city del thatthe said wharves, piers, and baikhends, de- soribed in said notice, comprise a large portion of the most valuable of the said wharves, picrs, and bulkheads, of the city and the value of the ssid wharves, piers, and bulkheads, so adv. to be sold, is in the said report of the ssid Comptroller, estimated at the sum of about one million two hun- dred and fifteen thousand dollars, but which esti- mate is, a6 this plaintiff is informed and believes, Ty, frently low the actual and true value | unlewfally aseamed by said pre- of the Sinkin; tion of the said real estate described in said notice, | was sold at public auction, on the 2istand 22d days | of December, 1852; and said Comptroller, act- | ing as sueh alleged commissioner, in concert with | tapesiy are proceeding to el the valve of sad ca} by, are proceeding to se! ue of real estate, and of the wharves, piors, and bulk- | in purruance of the said notice, and under meinen , | heads, described in the said ae and will sll the same by the interposition of | this Court. : | ‘That, as this plaintiff is informed and believes, the Ape apy and ee ee oon- inoreasing in value; that nearl are held the said Hoyer, ‘Aldermen and mmonalty under leases je cient rents for terms BEBE | of all tho fiscal concerns, accounts, debts, and pro- | | aforosnid provisions of the act to amend the charter | said ordinanco ot February 2 part of Pier No. 14 | P | and render thi suficient to bear and pay an equal proportion of the pies —— ‘lobe. That tho sale of said we rty is wi unnecessary, a8 no portion of Fai gebe ‘will become due, as this Piaintitt ig in- formed and believes, until 1856 That the revenues derived from the agp pledged for the psyment *of the planet Late ie Foot are abendaetiy, matt cient to pay the interest on the said debt as fast as it becomes due; and that the ion and effect of telling said wharves, and piers will be to sacrifice them at am unpropitious period, for the benefit of speculators, to ont off the benefit of the rapid increase in the value of said property, and to dispoge of it at an inadequate price, and to convert it into cash and bonds aud mortgages boariog | ut six per cent interest per annum, which, without pry into rng ty the loss ms epostag. of said property at the present unseasonable time, ly in the do tion of the revenue, make a differ- ence to thecity of at least ten per cent on the amount for which the same will sell. That in addition to the available means for the extinguishment of the ssid debt, tho said all Commissioners of the Sinking Fund have in tl bande, applieable to ssid debt, the sum of four mil- lions three hundred y-seven thousand and seventy five dollars and twenty: six cents, eonsisti of stocks of the said aity, wi have been antici- pated and taken up by the city before the same be- came due, by the improper disposition and sale of the real estate of the city, balance in bank, bonds asd mortgages, and real estate belonging to the Fire Loan account, which said sum ought to be first applied to the extinguishment of the said debt be- toro any of the said property so as aforesaid adver- tised is sold. | This plaintiff further avers, and shows to thiscourt, | that the sale of the said property described in the said notice, is wholly unauthorized, and in violation of law, for the roasons hereinbefore set forth, inas- much asthe said alleged commissioners are acting in the exercise of a pretended office, which has ceased to exist, and the administration and control perty belonging to the city and plodged fer the pay- | ment of the oity’s debt, aro vested exclusively in | the finance department of the said city, under the of the city of New York, passed April 2, 1849, sub- ject to the legislative direction and regulation of the Common Council, under the provisions of the said amended charter, regulating the giving of public | notice of their action towards the sale of any portion thereof, or the revenues derived from the same; also, beewnse the rate of any such property, except | for the purpose of discharging an amount of such city debt actually duo, and payable at the time of | tale, ia in violation of the provisions of the acts of the Legislature of the State of New York, herein before mentioned, under which said debts were created, and property revenues were pledged; and | aleo because, even though the functions of the said | commissioners of the sinking fund, as created by 2, 1844, had not ovaged | to exist, acd the said offices destroyed, yet tho power to foll such wharves, piers, and bulkaoads ia not conferred by said ordinance, the same boik, property ured and reerved for public purposes, ant therefore within the express limitations and restrio- tions of suid ordinance ; also, because the said com- missioners of the sinking fund had not, aud have | not, become qualified in any manner to discharge the trusts and duties of said offices of commissioners | of the sinking fund. This plaintiff further states and charges, tha’ if the said agsumed power of the caid commissioners of | the sinking fund were not in violation of express | provisions of luw and solemn binding pledges, yet | the acts of the said commissioners should be re- | strained as an improper and improvident oxercise of | trust powers, from the consequences of which, if not restrained, irreparable injury to stock and bond- holders, and ir habitants, freeholders and taxpayers of the city of New York, will ensue. | This plaintiff further states that said contemplated | sale has been unduly and unnecessarily hastened, at a period of the year unfavorablo for the sale of a | large emount of property, as it is at or about the clove of the commercial year, when money is with- | drawn from the market to close the accounts for | the year, and the banks are drawivg in their loans | to ascertain the position of their affairs; that tho amount of property so offered for sale is of oxtri ordinary magnitude, and in the position of mon’ tary affairs, the sale thereof, as advertited, would lewd to great dopreciation and sacrifice of the same. at prices much lees than might and would obtuined Be were such sale made an appropriaté time and in a jniicious manner. That this plaintiff is informed and believes, that t motive for hastening this sale at tho risk of sacri cing said property at a low price, is that such sale | may take place before the expiration of the official | terms of the said comptroller, mayor, and chawber- lain, whieh are about toexpire. Tha: as this plain- iff is informed and believes, the said mayor, comp- troller, and chamberlain have been principally in- strumental in managing sale, and seeuring a decision in favor thereof; and | the former officor bas exercised in his capacity of | mayor, the veto power in him vested, to prevent the | the arrangements for said | * oases o agen and tually evjoined order and rity thie court, offering to sell or dispose of the said aforesaid advertised fer sale, viz :--The lots hereinafter set forth, and the from selling or property, as * iers, and bulkheads, each'and ¢ of them, m executing or delivering any or conveyance of the tame, or any thereof, to any person or reons whatsoever, and that the said plaintiff may ve such furtber or other order or reliet as to the court may seem proper Sweeny & Anerson, Pitii’s Att'y. City and County of Now York, ss.—William 8 Martin, the plaintiff above named, being duly sworn, says that he bas heard the foregoii com- plist d, and knows the contents thereof—that 1 same is true of his ewn knowledge, ¢: asto matters therein stated on information belief, and as to auch matters ho believes it to be true. Wiuiiam 5. Martin. Sworn this 23d day of December, 1852, before me, A. A. Denman, Alderman Sixteenth Ward. City and County of New York, ss—Peter B. Sweeny, one of the attornies for the plaintiff in the above action, being duly sworn, saith that he has examined the various acts and proceedings Ged in the annexed complaint, for the purpose of draft- ing said complaint, and from such examination states, upon information and belief, that the sid acts and proceedings therein specified are truly set forth in said com: it, and the facts therein stated are true, and further saith not. of December, Sworn before me, this 24th dey 1852. R. Emmer. DECISION OF JUDGE BMMET. After a clear and succinct roview of the case, the Judge decides as follows : On this complaint, application was made to me on the morning of the 24th December instant, for an injunction to prevent the sale of the wharves, piers. and bulkhe: which sale was to take place B. Sweeny. at twolvo o’clook of the same day. As an order to show cause, even instanter, would have been nuga- tory to sto; sale, the injunction was granted, which cat ® postponement of the sale until the 27th ; and am application was immediately mado by the counsel to the Corporation on behalf of the defendsn's, to vacate or modify the injunction, so as to allow the sale to proceed, on which applica- tion the counsel for the respective parties have been fully heard, and I have felt it incumbent on me, abies the ciroumstances, to decide upon it without delay. ‘The case presents the following points:— Ast— Did tho act of June Sth, 1812, “to regulate the finances of the city of New York,” create any pledge or quasi mortgage of the city property for the redemption and payment of its debt, whish could prevent the corpcration frem selling and dis- | Peing of it as they might think expedient ? On thie point, Iam satisfied that no such pledge or mortgage was created The terms of the ninth | section are that the faith of the Mayor, Aldermen, and Commonalty, shall be pledged for the final re- demption and payment of the stook. ‘This, at most, created what may be termed a statucory bond, and in no wie impaired the right | of the corporation to dispose of any longing to the city. It had nothing o: ter of ajien on any such property. The revenues of the corporation were pledged and appropriated by this section for the payment of the Property be- the charac- | imtereat on the stock; but the sources of aueh reve nue, and the manner in which the ci*y property should be disposcd ¢f to yield rovenue, were in no reepect limited or affected by it; nor could any lien have been created on the revenue by being so ledged and appropriated for the payment of the interest. That neccssarily amounted to nothing beyond an engagement of the corporation that the revenue should be faithfully so appropriated. 2d —Were the provisions of the ordinance of 22d February, 1844, authorizing sales of the property of tke Corporation valid? i The view which I have taken of the first point sufliciently answers this The Corporation were un- der no legal disability to sell any of tho city proper- they hada right to provide for so doing by this ordinance. 3d.— Was the provisions in the act of May 13th, 1845, that tho ordinance of 22d February, 1544, should remain in full force until the whole of the debt created for the introduction of the crotoa water into the city of New York should be fully re- deemed, inoperative and void ? The chief object in applying for the act was to obtain Legislative authority to raise money by loan for the expease of introducing tho Croton water, and to create a stook for that purpose. Tho Sth sostion, which contains the provision in question was w! unnecoesstry to confer the power of borrowing the money and creating the stock, and would seem to tion of their rignt to th ge in regard to the city debt, fora period which might extend forty- fi yeura; and whether this was done to give a mo favorable impression of the moasure to the Logi fully redeeming the city debt the additional ction of State Legislation, I do not hesi- tate to say that, in so far{as this provision mon Council of the power to alter or modify, or even repeal that ordinance, or any future legislature Common Council from staying the proceedings for the sale of said property, ag horeinafcer set forth: | That che terms of office of the said officers named | | willexpire in about a week from this time; and as this plaintiff is informed and believes, the mayor and | comptroller elected by the people to succeed the twe | former officers named, and who will enter into office | for a term of years, charged with the administration of the duties of said offices, are opposed and ad- | verse to the policy and propriety of such sale, and if afforded the opportunity, will, so far as their votes can effect the same, reverse and annul tho de- cision therefor. ‘This plaintiff further states, on information belief, on jixth day of December, A. D. weamble and resolution was adopted b; t Aldermen, in the words an : “Whereas, the Commissioners ol ing Fond have advertised. for sale certain pi bulkheads at wo the eity, said pier ulk heads now bringing @ good revenue; and where- as this Board deems it of doubtful policy thus to | digporo of property belonging to the city, which is rapidly inereating in value. Therefore, Reeolved, That the advertisement for the tale of the said piers and slips. be withdrawn, and the sale | of them stayed until further ordered by the Com- | mon Couneil | That as this plaintiff is farther informed and be- Nieves, on the he oa day of December, A.D. 18 the said preamble and resolution was adopted by Board ot Aldermen of said city, and that the same was duly sent to the Mayor of said city for his ap. proval, that the eaid Mayor retained the same in Eis aversion until the twentieth day of December, A. D. 1852, when he returned the eame to the said | Board of Assistant Aldermen, s!thout his approval, having retained the same until the last day allowed | by law within which he might signify his objec- | tiors thereto, and within one day of the time when | such sale was advertixed to take place. That by law it is provided, that when any such resolution hall be so retained, the Board to which it shall be returned, shall enter the objections at | large on their journal and oause the same to be pub- | lished in one or mor the public newspapers of the city, and that not 1 than ten days theroafter | shall elapse befere the suid Board can proceed te | reconsider the same. | That in consequence of the retention by the said Mayer of the said resolutien, until the expirazion of the whole time permitted to him by law to retain the same, the Common Council will be prevented from soting mn said reiolutions until the time fixed by raid Commissioners for the said sale has arsed, ‘This plaintiff oharges that the said resolution was | so retained by the enid Mayor, in order to deprive the said Common Council of exercising their law- ful right to restrain said sale, and prevent the tfice of raid property. ‘Dhis plaintiff further believes and charges, that tho said commissioners of the sinking fund well knew of tho action so taken by the Common Coun- cil; ond that with the intent to defeat sach action, me ineffectual, they aro hastenin, forward tho sale of said property, with uau upnecessary, and improvident haste. Wherefore, this plaintiff alleges, that the ac's of the said Commissioners of the Sinking Fand, in the premises, are unlawful and invalid, and in violation of the rights guarantied to the owners of steck hereinbefore referred te, and in violation of the rights of the inhabitants, freeholders, and tax-p' ers of the said cfty, who will be compelled to m: up the deficiency in the resources and revenue ap: | ioable to extinguishing the said public debt, | created, a8 hereinbefore more fally set forth, by | sive taxation, and in violation ts of the Common Council of said city, | effectually deprived of the right | sai aa eas unl improvidently, and in violation of pth eee Bate, ocd thd a gut city Ba | rork, squanderin, isposing of s large amount — of property, for be preservation and careful man- | agement of which the faith of the said Common Coune'l, and of the Legislature of the State, is solem ply pledged. | further avers and charges, that unless ‘This plaint the enid sale is restrained and provented, irreparable injaay will bo Sone vo fe clly tne te the | | layor, aldermen, and commonalty of ity of | New York, under the direction of the said commis | way tld ta lor Satan ol | tind intended. slay whereby. We Wil be | and what, provision of the said of the right to permit any such alteration, modifica. tion or repeal, it was inoperative and void, aud that, practically, it has been so treated by the Le- gitlature and the Common Council of this city. Ath—Did the provisions of the amended charter, which took effect in 1849, abrogate and annul any, ordinance ? The firet section of this charter vests tho whole legislative power of the Corporation in the Board ef Aldermen and the Board of Assistant Aldermen, and provides that those boards together shall form the Common Council of the city. . Tho eleventh section creates an executive depart. ment, denomivated the Department of Finance, and provides that it shall have control of all the fiecal conceras of the Corporation; also, that it shall acttle and adjust all claims whatsoever by the Co: poration, or againet them, and all accounts what- soever, in which the Corporation is concerned, either o# debtor or creditor. It makes the Comptroller the chief officer of departanent. It creates @ bureau for the collection of taxes, and provides for a ‘receiver of taxes” as the chief officer of such bureau It creates another bureau for the cellection of the revenue arising from rents, and interest on bonds and mortgeges, and for the performance of such | other duties as may be directed by the Common Council, and provides for a ‘‘collector of the city revenue” o# the chief officer of that bureau; and it oreates a bureau for the reception of all monies paid into the treasury of the city, and for the payment of monies therefrom on the warrant drawn by the Ural paid and countersigned by the Mayor, and Clork of the Common Council, and rovites that the ‘Chamberlain of the city of New York’ shall be the chiof officer of that bureau. In this organisation of tho finance help hapetd with the con.rol of all the fiscal concerns of the city, no mention of the Commissioners of the sinking fand is made; nor is there any reference to such officers in any part of the charter. The terms in which this finance department is constructed, the creation of its distinet bureaus, and the designation of its several officers, with their titles of offixe and prescribed du- ties, would seem to exclude the existence of any other fiscal officers, or tho interference of any per- ons claiming to be such in any branch of the finan- cial concerns of the cit; position may appear, | cannot bring my mind to any other conclusion than that the legal effect of the adoption of that chazter was to repsal so much of the ordinanee of*the 22d of February, 1311, as created the Commissioners of the sinking fund, or conferred powers upon them in regard to property or debts of the by It is true that the Common Council did not con- rider that euch was the operation of the charter ; for in the ordinance which was passed May 30th, 1849, to give effect to the charter, the Commissioners of the sinking fund are mentioned (Sec’s, 105, 150, and 149); but such recognition by the Common Council would not even conclude that body from questioning their lo, It can hardly be conceived that such a committee can lawfully exist, claiming the right to dispose of the property of the city, not only freo from the con- trol of the Common Council, but in direct oppasition | to the expressed wish and judgment of that body; | and yet it is obvious, without any particular refor- enee to the prosent oase, that if the fauctions of the Commissioners of the Sinking Fund still continue, an created by the ordinance of 22d February, 1544, such a collision of authority may occur. The ox- istence of such a committee, with sash admits of a confliet of daty in certain officers of the eity government. The Comptroller, for in- stance, is by the charter one of the chief officers of | the Corporation, and as such he claims to be also Commiesionor of the Sinking und In the latter eapacity he is in favor of selling certain property ot the city; the Common Council pass a resolution forbidding such sale; which course is he to take? Is it bis duty to submit to the legislative action of the Common Council, or to join with any three other Commissioners of the Sinking Fund in oppos- ing and defeating such action’ ther instances of the utter incom ility of the on mend ~ be Commiesioners of a inkicg Fun gislative power ¥ the ebarter exclusively in the Gomaon Council, but is enfficient for me to say, ty whenever it should be deemed experlicnt, and | have been a voluntary abandonment by the Corpora- | lature, or to throw round the obligation of fatth- | meant or was intended todeprive any future Com- | tho | 3 and startling as this pro- | 1 existence or authority. | owors, | poe to sell sueb property as che wi lk heads of this city ? The Sevonteenth sc'ion of Title IV, of the ordi- Bance, is in these words “The commissioners of the sinking fund are here- by authorised tosel! and dispose of all real estate belonging to the corporation, and not in use for or reserved for pudlic purposes, &o ” embraced It is contendea that this think that ie onstraction wharves, piers, and bulkbesds, an the sound, and certainly i is the safest, ci ive toit. Wh: piers, and bulkheads aro art ae pos ap je for geblie ba Bape im thas sense for a public purp»re and the p enjoys: use of them. It ie very questionabl 1 least, whether the Cowmon (ouncil tended by this ordinunee ro eutrust there o: sioners with the uvecatroiled power of selling : : t} property of this deecription, at their discretion, 2° whether it was not meant-'e copfine to property wholly unproductive and poused for pui neak as tae common ined a aay other real estate yielding no revenue, that the com i for no #0 useful to the public; view, Pho missioners fund have no power by lew to sell the wharvesg piers, and bulkheads in qaestion. purposely abstain from any consideration of thé expediency of relling real | agt oc of the eity in the present condition of tbe city debtor revenues, or at the present time Upen these sod other questiond | raised by the complaint. it is unmecesmary, andl | would therefore be improper for me to aay | opinion. It is sufficient that I view the of the | defendants, claiming to be oo of the sinking fund, to restrain which acts the in this case was granted sa bein; byt law; and acting upon that piston Tam bound to refuse the presont motion to vacate or modify sucky injunction. Rav: Intomigences ‘The sbip of war Levant arrived at Marseilice, Nov. 16) and sailed for Port Mehop on the 27th, The Oumber= land arrived at Marseilles on the 20th Nov. The steamg frigate Sam Jacinto, railed from Spezzis on the 24th Nov. , for Genca and Mareetiien, thenon to Port Maken. Department, carpenter in the Navy. Mr Williams has gbeom to the Cyane, of the home rquadrom and Mr JOwens to the. Vincennes, at New York. one of the North Pacific squade ron. Principles of the [From the N ‘The Tearian Commu tion or society, organized and baved om the principle of | buman fraternity wi b si} its conerquences, in whieh the | associates consent to place in common ali their goods, all | their faculties, apd thet: lanor in order to produce to enjoy the fruits of their txoor im common, We way that community t+ sn association or society, | because it isa veritabie roctety voluntarily consented in the common Intere-t, in which chere are meither ea- ploiteurs por expluttes and of which all the members arq veritable saeoctates brotbers and equals, We ssy that community ts a lurge universal society, firstly, because it compretends all the interests ands! | the wants of its mewber-: tecovaly. because its almie ' to rally and to comprehend not only a people or » nas, tion. but entire humaat y We say that commuairy te an organized bigiendy Mo cause everything in coumaat y ia regulated by the , intholg | ligence. reason, order and will of the own interest | We rinciple of fraternity ‘ : | 4 community. fraternity. is the soul of the social and pox | litical organiza: of the constitution and laws, of | wrages aud manmers; it t# ‘he orincipte ive of all iity sotidarity, unity, ang nity ea mily of brothers who wurt love and aid esoh other as | brothers, and must take for rule of their conduct this | lorophieal and religiour preeept :—"Do pot to others you Would not Iike !bey sheulé do to you; omthe eom- | trary, do to others as you wih to be dove by them.” Wesay that community {sa society in which the asso- clates consent to place im commoa all ), fecal | tles nd labor to produce ana eoj-y the proceeds ef their | labor in common : thi: cowmon labor, this common pro- | duction, and thiy common e-joyment, are the character- | ieties which distingusb eemmunity from the eter socle- ties, whenee itr Dame community, property labor and enjoyment have gmaent Such comm | for end to realize om imm-ne~- economy, to a infi- nitely the agricuicural and teau trial power and produc- | tion. to suppress misery and to insnre am equality of well being snd happiness for all, through the practice of | fraternity. | ‘Thos, {o commuaity property is mo longer indtvidaal, | but social, mations ae } ment of all t 'y isguerantied to each by community. tween the members of money, because each m ty, the latter, fn retur | wants, There can bi suits ner bankrupteles; therefore. there is no meedf courts of justice; amd thie ts one of the perfectiomsof :1¢ ivtio ay stem fcarian colony of community, pi eotell 8 ‘There a by lished at Nauvoo. éesigns pectivalatly to prove, | ory experiment. ‘het the system of commu easily realised; avd that experiment is tried in the! ¢ terest of enticehumaat'y | A Le mm Australia, The Lexington Express publishes the following letter, | writtem in May last, from the diggings at Mount Alexem- der, Victoria colony. Ave' = The day you keep a; 4. fe Monday here. ‘The eli- | mate fs firet rate, but the flies almost eat a fellow op. I have not reena tree plen' | amy in the States, exce; | garoos and kapgoroc rats | country are beautiful | eockatoos, magpies and the like in company—one from Maia one from New York, aad | myself from Missouri. Wioter is just beginning to set ims we have our cabin built and six hundred dollars worth of | provisions laid in—encugh to lest as till next sp: which will be in Nov We are doing very to the man at present; we a five pounds weight. The | making about an oun have taken, some days as oq mines, I think. are much better here than in California; they extend across the eovuatry for about eight bi miles; and the digicinge wtil be mew for ten years to come. | They will not be dug eut soqalek nor so easily as im | California, being much d«+per Gold here in the mines ig Sv.or $1675 There is no foreign m We pay each 2 tax of £) 10s or $7 50 per month for a licease to dig oreven to be im I can’t think what the Caakecs arc thinking T have no ooubt if it were kuowm how rich thig about, country ts it would be overran Smmedintess with Ameri- caine; there are but a few hee at present, Sut we daly expect them |y thousands if you know of avy coming tell them not to bring any but English coin, or the brokers will shave them te the bone, Disastrovs Storm ix Lourstana —We are formed, says the Natchi'oonea (La ) Chronicle, of the 11 | that a storm of extracscivary violsnee to th of our town, om Monday night last, On the Ni family of movers whe bad encamped for the nigl | four of heir number by the feliing of timber, Mr. fail on Red river had his gin house biewn down. and wie sustaived much injury. We hear of houses a1 fenees destroyed all over ‘hs parish. An immensity timber has been feiled. and the road along the course the hurricane entiroly osetracted At Pleacant Hill, ta DeSete parish the blown down. Drow xen ar reat State (Ipfog te. th “ready fr Laver, a) 6, (lying in the etream. Po leap furling thr jib, fll overboard, oo wes flung jm immeéiate'y which he sttempted Teach, but did pot succord ohn tho boat vas lowered, but he sunk before it resohed him The was a Gel by birth wes long attached to the versel, = bid @ very efficient officer.—Cherleston Mercury, INfFLLIGENCE rRoM Naseav.—By the seheoner | Time, Sim ave received @ fie of Nassau papers to the 15th instant. The cholere had abated om the there being only revem deaths from the llth to the | inst, It had been very fatal at Abaco, t five deaths haying taken place there, sed alro at a @ thirty-three deathe bad oceurred. and at Harbor Island. The yeilow fover at abated contiderably It bed mot entire! | from Demerara — Charleston News, Dee. Marine Affairs, Lavxcnev=At Boethbay, recently, a brig of 190 tons, | ealled the Horperes, to be commanded by Captain Chare. | At Perry, Me .—th Instant. by Messrs Cook & Ritehie, 8 fine bark of 288 tone, called the Rose Pool, owned by B, Knight. of Eastport lestow 2ist inetant a fall the B Deas, owned by Col. K. ee aa | ee ar eal ar rans from the yard of Mr. D. . Wnt . At Norwich recently by Moeers. Wm. & J. H. Jarvis | Co , a brig of aout 270 tons, called the Baron de | owned PY, the Morsrs, Jarvis, Seth K Devereuxand | Thos Atwood, who will command her. ‘The Ex; ‘Tarn-Out. TO THE EDITOR oF THE SEW TORK HERALD. various Mr. J Ato’ k f i i gs i ? F 3