The New York Herald Newspaper, November 16, 1853, Page 3

* Tho Russ Pavement in the Bewery. TmBerris om the Logaiity ofthe Contract. the Contract. SUPREME COCKT—GENKKAL TERM. Be Ban ¢ thisile, appellonts, w. the Mayor, Aldermen and Commonalty of the City of New Fork, Barthol-mew Purdy. Commissioner of Repatrs and Supplies, and others, QPWOON OF THE MAJONITY OF THK COURT, DRLIVERKD BY JUDGE ‘MITCHELL. @cr, 10.—By te Covrt.—The first question is:can a owning real estate in the city of New York, and paying taxes on it, prosecute an action against the cor- poration. on bebalf of himself and other tax-paying citi- gens, to enjoin them from expending the money be raised by taxation in repairing and paving a street in & manner contrary to an ot ged law, and tending to add to the taxes of the citizens! In Adriance vs. the Mayor, a suit was susta.ced In a ease where the corporation was about to aperopriate, the moneys of the city contrary to law. In Kirby aad others agaipet the Mayor. &ec. aad Berrien, a suit was also sus- tained by tax payers, the corporation being about to pur- ebace ground for purposes of burial out of the city, Ghristopher vs. the Mayor, (13 Barb. 567,) the question ‘wan raived and ably argued at General Term, and. ecided fm favor of the right of the tax-payer to sue. (See foot of Bil) The Judge who gave # dissenting opinion in That cde raid nothing on that question, but he regards the decision ef the Court as avthority’ until reversed. ‘Im Milbau vs. Sharp, (the Broadway railroad cage.) and im Stuyverant vs. lesrsall, (the Second avenue ease,) the same question wa: again prevented at General with the same results, | for the defendants in this in Christopher's care; and his distingu.shed as dcciste mace that question o: © of the main points of his ant. The question had, therefore, been fairly argued, and maturely oonsisered and passed upon, be- fore it wan discus-ed in this case The previous deci- sions should therefore be adopte: as con:lasive until re- versed. It is suppored that the Court in the above eases overlooked the proceedings in the Revised Btatutes as to ‘‘Procesdings against Cyrporations in Equity.” .2 Revised Statutes, 462 ) Before that statute was pasted Chancellor Kent decided tha; an ipjanction did not lis at the suit of the Attorney General to preveast ‘an insurance company doing banking business; that this attempt to excred its chartered powers waa a public of- fence, over which chancery had nu jurisdiction, and was ‘to be met by the remedy provided in the courts of law by warrando, or on ivformution. (Attorney General vs. ica Ins. Co.,2J.R. 860.) But the Chancellor there made & broag diatingtion between that ce wad the case of s private injury. He said, -‘If the directors of the Utica Insurance Omppany were to appropria'e the funds or eapitel of the company to their own private emolument, or if, disregarding the business of insurance, they were to direct the funds to the estruction of that’ object, by making roads end canals, or building theatres or charches, I have no doubt this court would have a right and would be bound to interfere and check the abuse But when the quertion is whether a corporation has forfeited its charter, or has usurped a franchise, or has Broken a penal iMgw, the case is wid-ly ailf reat; this eourt is not the proper tribunal to sustain the provecu- ‘thor or to inflict Ge penisbaents? (P. 389.) “There is no @ompisint on the part of the stockbolirs of misconduct, Ror is the information founded on anytning of that kind.” (P. 290.) Did not ths Coancellor mean by this that if there Were any vivlation of the charter injarious to the corpo- rators they were the proper parties to complain and might proceed by injenction ?—ont if the act complained of was ove affecting injuriously only the people in their sovereignty—as by usurpation of a frauchise ot granied Seo people—there the Attoroey General was of course proper complainant; but ois remedy was ample at Jaw, and was therefore there only. The Legislatu e, after this, deeming the remedy at law wo tedious, and the more summary proceeding by injucction Reoerary, gave, by the Revired Statutes, power to the Attorney General, even in cases of the usurpation of» franchi Tight to suein chancery, The giving of this additional right to the attoruay General waa not intended to teke away any rights which private indivi- duals had befure enjo ed. ‘Ascordingly, 8 private individual may still obtain an fajunetion to prevent a company in which ho in a corpo- yetor from using ite funds for ed wnsutborized by tts charter—that isan injury to bis private rights. I: he Bas this right ia care of » priyats corporation, tnen the part of the Resi-ed Statutes teitrred to did not in any case which it provited for, confer the exclusive right to aue on ‘the attorney Genera), but left all corporations, (whether ‘public or private corporations,) who befor- had a right to Bue, the rame right io full force, Without the act the Attorney Genera] could not axe in chancery, and the act we ed simply to cure that defect. "Thin court having repeatedly held that a taxpayer has such an interest in the money rained and to be raised by the city, that he may prosecute such an action where the corporation is committing such a violation of its barter as will add to the burthen of the taxpuyers, and the statute referred to not taking away any individual rights, but merely giving an additional remedy, the right of the texpayers to sue must be sustained. Th- injary dene in this city by excessive taration, unauthorized by Jaw, is a private injury, in which the taxpayers of the sity are the icdividual sufferers, rather than the publie, ‘The people out of the city bear no part of the burthen, and the prople within the city, except tha taxpayers, also ‘Dear vo part of it. It is, therefore, an injury peculiar to fue body of men—the taxpayers of the city. The second question was whether the ourporation could meke # contract without acvertising for proposals, and iving it tothe lowest bidder. This was decided in the ‘Megative in the case of Christopher; an‘ the Juige who iseer.ied from his breth:en on that point feels bound by the decision of the court, whatever may have been his Sedividval op:sion. There two points being against the defendacts, the in- rhouid be rusisined, and the order appealed reversed, without costs. JUDGE MORRIS'S OPTNION. On appeal to the Geners! Term, from an order of the ‘Term, derying plaintifi’x motion for « permanent tion, discharging the order to show caunr, and dis- the tewporary injunction erder grauted by a Jur- toe at chambers; and ordering that the defendants be at Bberty to act im all respects, as if said injanction order bad not been mode,—the fucts stated in the complaint, and not refuted, by the defencants, are the following:— The plaintiffs are inhabitants of the city of New York, nd own therein @ large amount of real and persoual estate, which is subject to be assessed for taxes to meet ‘and pay the municipal expenses of the city andthe ex- penees of paving the streets mentioned in the resolution set forth in the procerdings, On the 27th day of De- eember, 1852, the Board of Assistant Aldermen, of the “Mayor, Aldermen and Commonulty of the ‘city of New York,” adopted a resolu'ion authorizing the Commissioner 'of Repsirs and Supplies to ente into Sonatract with Russ & Roid, two of the defendants, ‘The cov! of the Fourth avenue with the Russ pavement, con- 1G & Fpec fication of she work to be done and the vo be paid £ yard; appropriating dfty thousand ra to be paid the first year; and stipulating that Russ & Reid were to hare the old paving stones, &e, On the ‘2th of April, 1863, the resclution was adopted by the Board of Aldermen, and sent to the Mayor for his action. Om the 6th of May, 1853, thy Mayor returned the resolu Mon with his objections to the rd of Assistant Alder- men, where it originated. On the 20th of May, 185%, the Board of Axsistant Aldermen reeonsidered and adopted the resolution, notwithstanting the Mayor’s objections, and sent it to the Bo-rd of Aldermen for th-ir action. | Om the zist of May, 1853, while the resolution was pend- fig in the Board of Alcermen for their legislative action, the plaintiffs, as inhabitants and owners of property and tax payere of the city of New York, for their own benefit fe wellas in bebalf of all the owners of property ‘tax payers in raid city, instituted this sui:, and ina eordance with the p-ayer of their complaint, obtained from a Justice of this Court an injunction order restrain- “The Mayor, Aldermen and Oommonality of the eit e k? from “attempting to permit, direct or sut- for the defer dant, Bartholoc ew Purdy,” (Commissioner of Repairs and Suppiies,) “entering into, makiog, or exe- euting » contract with Ru-s & Reid, &c , ax specified in the re-olution then pending before the Board of Alier- wen, snd commending the said “The Mayor, Aldermen and Commonalty of the City of New York,’ and the said “Bertbolowew Purdy,” -{Commissloner of Repairs aud Bupplies,) to sbsiain and refrain, from entering into, ‘tuto, Gs ‘execute, or receive the contract mentioned in ‘the raid cov paict and in the ssid res lution therein “contained,” or any like a similar contract, ‘and from earrying or attempting to carry into effect the ssid revo- ution” then #0 pending before the Board of Aldermen for their legislative covsideration and action. The only weans by which “the Mayor, Aldermen and Uommonal- ty” esp “attempt to permit or authorise” one of thei Suborein ates to perform an act. or con themselves fompt to autborive a contract” to be made, is. by m ders of the Commen Council, ata meeting of one ef tue | board: , ip their legisiate capacity, advocating or voting * forasrerctution or ordivance directing or authorising the performance of the act : Therefore the injunction order granted by the Justice at Chambers, which waa dis- soived by the special term, and the injunction which Mas «ppesl seeks to restore, woult, (if authorised by dew,) restrain and coatrol the legislative action of mem- of the © Conacil, and make the legislative er of the municipal government subject to ju- 1 interfere.ce, supervision and dicta'ion The SHegations of fraud contained in plaintifi’s complaint, are july met and refuted by the defendants; that counsel for the plaintiffs did net, ajou the arga- empt to use the o aa fortifying his positions, All m OF fraud thus beiog our of the case, the deter. Binavion of this appeal depends upon legal questions ealy. The pewer of the * mayor, aldermen and coamoa- aly” over the streeta of the city, if among the poutave powers grauied co the corporation 24 & munict yal govera Brent, to be exercised by the Common Counsl—tee legis fetive branch of the corporation—(City Charvec wad Kent's Notes, 7 68, 144, 145). }This is the only right aud er which tue “mayor. aldermen and oommonalty’? ave ip avd Over the #ireets. As Fuch, it has been exe> ied by them fron the crganiza ion of the goveruinent and recegpived and proclaimed by an unbrokea ehsia 0 Judio'el optinors aid decisions, It in» goverument power Sed cuty ; Lot a frauchi yielding emoluments and reve- | mue, as ferries, marie's, places of interment, the Croton wedvet, ko.’ Chaucellor Kent, in liv Notes upom the Charter, page 142, Note XXXL, ays -— @ sixteenth rection gives to the Commen Council powor te ‘este ish, direct, lay out and alter, ropair and amend ‘T is ts s'grintof a public amon Council, under free exercise, subjovt. nevertholoss, at all hunes, to interieronce aud direction, ‘Also in note 29, cou mencin 6 132, in speaki © the immenre politionl power posrereed by th corporat tion iu reiation to streets, &a., and the ordinacce power, be aa: ie Inet any abr FUPLe opinion, tue elective fi wd principles of tie constitution ex m law In xdsition to those checks, all corporations are liable to legal process in behalf of the State, for non user, or wanee of their rights and powers, "In (hie case tho a ix mixvoe. In the osso in the Supreme Court— The Corporaiion of the City of Now Vork adsei, Beittula and others, the question censider:d was the powor «f the vohixe, wad the dof recognised sorporation over the streets. Chief Justice Nelson de- | livered the epiniva of the court, aud in speaking of the powers of the corporation, saya i— The rights aud privil poe thus granted, (he is speaving of the spec e! privede franchises made a8 woll for the private moloment end agyantage of the city, as for the public nd ditt th it 00d Are alte wi we Park row, Chatham ‘street. the Bowery, anda | executing, or receiving, or attempting to enter % whieh te interests and estate of the peastng have se senerre: ‘these sph nad Co 4 as s community, an: iN be bray Bones woe bedy of p v Etterests aud affairs as « private compan, In the eave in this court of John Withan and others os. Jacob Sharp and others, (kuown as the Broadway Rail- road case,) decided at general term ; ulthough dissenting from my & sociates, Justices Edwards and 5 thong in the fipal conclusion they arrived at. yet upon the subjects of the power and suthority of the Corporation over the streets of the city, and of the want of jarisdiction in this court by injunction, to interfere with tne political legis lative ae'ion of the Common Council, the Justices holding the action, and deciding that cause were unanimous. Justice Edwards, in his opinion, uses the following un- mistakeable and conclusive ythe Doagan charter, the then existing strects with- in the city, expressly gra’ ted to the Corporation, toge- ther with power of { out vuch atroote in faturo: av mighe be needfuland ¢ the general contril of the ry voeted in the Corporation as of the public right for the common. and Gommonalty of :he ablic municipal corporation, £0. A public municipal corporation is always croated for political burps invested by the sovereign power with subordi- nate legis to be exercised within cortsin limits, Ite pow ‘thus, ie te in po inmite of vested with the largest discretion; and whether are wise or unwise, whether they are (ape bad motives, it is not the provin this Cour Justice Strong, in his opinion, inane tio ite laws from good or to inquire.”” ty, but i th rat the ex- Gouna in te ‘Bg tl atin Teforence to the improvement of Bivadway freoty were pending before the Common Couneil when Was inusd, aud that process, 1€ effvovual, inve rupted eventually pre warrant for thief legial question, wit the injuncti we fs not subject to f fudge oF appointed to administer the laws, not to mal to interfere in their enactmont. Upon the whole. Ian ss: tirfied that the learned Judge, by whom tho injunction in jwrisdiction of teictive of limits In the correctness of the legal principles thus pro: claimed by my associates in that cause J fully cov curred which made the opinion of that Court, as faras th #¢ 1 principles were concerned, unanimous. The subject niatter of this suit ls the pavitg of streets; the paring of stree's, by all, is conceded to be, on the part of the corporation, the performance of a municipal folitical duty, done by them in their character of a municipal political body, These legal principles are applicable to and control this case, The juotice at Chambers had no jurisdiction upon the complaint of a citizen by injunction to interfere with the municipal legislation of the city. The coun+el for the plainiiffs upon the urgument, claimed that the decision of this court in the Brcadway case, Milau vs. Sharp and others, was not only authority for the principle he con- tended for, but wasa decision of this court upon the point in question, and that the Justice at Special Term vas jucicially bound to follow it asthe -ettied law of this court, donot so understand that case, Ia'm y judg- ment, there is a palpable difference in the facts aud the legal principles applicable to these two cases, Some of which cifferences are the fol!owing:— ‘The Broadway case was instituted after the legisla: tive body of the Common Council had exhausted their legislative action upon thesubject, after the law had bee: parsed by the legisiative power; while in the prevent ca the matter was pending before, and was being considered by, the legislative box y of the Corporation, 2. In the way case, the action was brought by one set of individuals against apothor set of individuals who formed no part of the city government, to test the legality of & Jaw than already passed, while in this case the enit {+ fastituted by individuals against the govern- tent itself, with the purpose, and for the express object, to prevent the legislative body of the city government ec nmidering or voting @ proposed lease then pending be- fore them in their municipal, political, avd legislative capscity. 3 In the matter of the Broadway case, the corporation were to receive revenue for tne permission granted by them to tbe defendants, and the mujority of the court based their decision in that case expressly upon the po- sition that the corporation having granted the private property of the corporation to the defendants for ® sum of moréy less than they were offered for it by other par- tle, the corpcration were guilty of a breach of trust, Decause they did not take the largest sum offered, which would have been mont beneficial to their constituents, the taxable inhabitants. The majority of the court’ put their decisions expressly upon the ground that the grant was of the private property of the corporation, and for which they were bound as trustees to take the largest price offered. In that saso Justice Edwards sayr:— In my judgment, it is immaterial what particular name is von to this thitg which is thus grated. Wheth ‘bing corporeal or incorporeal, or whatever bo it | siguation, it is @ epecies ut pro} of some ki property hold by the city, an ‘and de tics as its other property Tre question ¢! whether the Ccrporstion has viola making the grant in que amount of benefit mignt the most advantagcor pted the of ti 8 would bai which the public treasury would ha Justice strc ng 61 The Common Council has no authority undor the city char- ter or any statute, to give away or make an improvident grant of the public prop rty. Whervan, tn the present case, the city has no proporty in the street, and can receive no revenue from Russ and Reid for the privilege of paving the rtreeta, it is not aa act of tLe Corporation in relation to its private property, but is a municipal p< lities] duty, performed for the beae fit alike of ali the citizens, whether taxable or not, and for traveliers using the streets, whether they be residents or not of the State or Union—and for which the city must psy and cannot receive mopey, There is no feature in the one caso (upoe the principle which the majcrity of the Court decided it,) that can be distorted iavo a similitude of any feature contained in theother. The caves cited by the coun-el for the piaintfs 1 eee the argument of the causee—the Berrian fraud and the Washington Market cares—were in relation to the private property of the | Corporation in which the taxable inbabi-ants of the city had an interest, and in which the corporation | Were the trustees, as in the case in ferries, pabiic lands and placer, piers, wharves, slips Croton water works, &e. The present case is in relation to one of the ordinary, recognized and acmitte municipal political duties, the cost of which ia to be defrayed by taxation, and in all respects is «'milar in principle to aweepiug the streets, lighting the city with gas or oil, supporting the poor, burying the dead, protecting the city against the ravages of an epidemic, the destruction of buiklings to stop a conflagration, the expenses of the fire department, of the police aud of the mililary, when called out to suppress e riot cr repel an invasion—authorizing the miliary to fire upon a mob er an invading force, ro as to exewpt those who obey the order to Gre from the penalty of mur- der, should they kill apy one. In my judgment, if the principle contended for in this cause be law, then can a tax payer ef the city, by injunction, suspend the action of the city government in attempting to feed the poor, bury the dead, light the streets, extinguish fires and sup: ian, ted its duty as a trustue in ‘Tie true question is, what press riots, kc. for the jurisdictional reason that the plaintif’s own property, by taxation might bo ol ‘o contribute something towards the expenxe. It + will be said no Judge would grant such an tnjanction. That may be; but still is is imposuib’e to aaticipate how far a precedent might exter d the present injauction epi- demic. I however am unvilling, by any opinion of mine, even by implication, to be considered as asserting that our institutions are so constituted that the law deema the possession of property to be superior to the govern- ment, and that a man, because he possesses wealth, haa the legai right to stop the government trom attempting to protect the community, and from performing duties alike demanded by the ordinary dictates of humani y, aud by offcial oaths. The point presented, that a pri- vote citizen cannot institute procercings against a Muni cipal Corporstion, to restrain excessive jurisdiction, but that such a suit must de institu'ed by the Attorney Gen- eral, is well taken, This point is so clearly presented, and conclusively disposed of by the Justice who decided this cause at xpecial term, (Justioe Edmunds.) that it is only for me to refer to his opluiea, and say I fuily eoncur with it. The order of the special {rm should be affirmed, with costa, " Court of General Sessions. Before Judge Beebe, PLEA OF GUILTY. Oor. 18.—Petit Larceny >A young man named Moses Dunn, charged in tbe icdiotwent with stealing « quantity of jewelry valved at $60, pleaded gui ty to pitit Larceny, aod was sentenced to rix months confimement in the peniten tiary cn Blackwell's Island. CONVICTED. A Free Country.—Ann Lancers was then placed at the bar, cbarged with stesling three gold rings, one of them A diamond one, and & set of earrings, valued at $75, from the jewelry store of T. A. Culvert. pprared trom the evicecee of the complainant that the prisom r eatere’ his stere, and cniltcg for the articles, put the tugs.on her | fingerr and ‘he oarritgs iu her ears, and walked outof the store ‘ithont offering to pay for them;und upon baing Popped, raid that tt was a free country, and any lady had the right te purchase jewelcy if +he wished without pay- ing for it; auc when -he was arrested would net give the property up to the owner, and it was with great dificulty | that even the police officers could get the avgs olf her | fingers. The Jury ia this cave found a rerdist of guilty, and the cout thinking her inkane, vent her up to the wity prison, there to be examined by the rargeon, Dr. Covell Grena Feb foe er man named tieorge Cout, a Dative of Albany, wax founc guilly of stealiog three pivcer of silk, velued at $176, from Joseph Roxyaen, nod oom: tenced to two years imprisonment in the state privon, Grand Lurceny—Hard Case—Two men, named Henry Day, anc verte Mason, who were arrested a short time since om ® charge of burgleriously entering the r-fre:h- Rent rrloou of the Hippodrome, wore then plowed at the- bar, charged with committing « burglary upon the premi- ses of Mr. Whitlock, and stealing therefrom property to the amount of 8100 persons were found ia poses sion of @ portion of the goods; bat as the proof of the burglary was rather slim, the jury, under charge of the court, foand a vervict of grand larceny. The Judge sen- tenced Maron to five years, and Day to three years and six months in pritoument in the State prison. JUDGMENT SUSPENDED. Charge of Maham.—A re: protable louking man, named Michael MieFnerny, was charged with biticg the lip of « friend of hin, named Thomas Welsh. From the evidence, it appeared that while engaged ina drunken «pree, both Of Vem pean in had the misfortune \o have his nether lip bitten ly prisoner’s charac! er waa shown to be very | govd, wud this, together with other extenuating eircuas ntances, induced the ouuit to suspend judgement, The court then avjourued for the day. It ina remarkable fact, that of th ders compwoxing tbe lant House of De only two wore returned at the recent eventy-four mem. te of Maryland, tion, her aa bard as they Gould, | » .. cesanion at the instanceof Meeara. Dix and Cleco. Courllandt Palmer wt 1% New York. and Jaob Sharp Pursuant to the opinion of Judge Duer, de- livered in this case, the fullowing order was enterrd: Instead of giving « fins) judgment ia this case, 1 deem it my duty to direct a fur ber argument upon the following ations which were scarcely if at discussed nf a the hearing be ore me:—Have ‘he plaintiffs a right to maiptein the action if the Court shall be of opinion that treevidence is not rufficient to prave that the contem plat d railroad will be a public n ice from which the Plaintiffs, as owners of property on Broadway, or uther- Wise, will sustain a special injury? If such sball be the epinion of the Court must the compleint necessarily be diemis ed, or may it be retained for s certain time in order that the Attorcey General may be mace @ prose cuting party? And the Feargament oo ordered haviog beer beard on the 10th day of October last by the plain tiffs’ counsel—the defendants’ attorney appearing, but de- clinizg to argue—and after m: ture deliberation the Court finding that the establishment of the proposed railroad ip Broadway will not be a Son nuismnce or otherwise specially injurious to the plaintiffs, and it appearing to Court thut a complete deter «ination of the controver- ny on the remaining issues cannot be had without the mommy of the Attorney-General of the State of New ‘ork an & proseeuting party to this action. And the Court having on the 29:h October last given the plaintiffs thelr election to have an ikeue for s jury upon the question whether the contemplated railroad would be & public nuisance especially injurious to the plain'itts, or to have an orcer to bring in the Attorney-General as a party plaintiff in this action; and the plaintiffs having elected to bring ia said Att roey-General a4 such a party. aod said Attorney-General having assented thereto by wiitiag it is now ordered and ac judged by the this day filed, Court (the defendanta objecting) that the complaint ame now is, amended, by inserting herein, be, an ‘th of the eaid Attorney General as a party plain- tif to this action. Such amendment to be without costs and without prejudice to the proceedings already bad; and this cause is set down for final judgment on the 21st for of November instant, at 11 o'clock, A.M., at special rm. SUPREME COURT. In the proceedings recen'ly beard in the special term of this court, at the suit of; Milhau and others ve. Jaco’ Sharp «nd others, grantees of the Broadwsy railmad, Judge Harris intimated that he was of opinion that the Attorney Geveial was nots necessary party to the suit. Theatrical and Musical. Fowzry Tuxatre —‘he very popular play, of Lyors” 1s am ounced for thix evening, Mr. Clauce Melnotte and Mrs. T S. Hamblin as Pauti after piece is “Charles li? Me J. R, Scott.as Unptain om. aly The engagement of Mrs. Hamblin promises w be hig successful, Broanway TneaTke —Mr. Anderson’s engagement is drawing toa clo-e, as he id engaged ‘o play in Philadel- phia next Monday pight. Tais evening he will appear as Hamlet. Ov Thuraday evening he will pley King Leur for the second time in America, The farce to night is “ Poor Pillicoe dy.” Nino's Garpey.—': Martaniello”” is to be restored to the opera boards thin evening, in aco :rdance with the podlic request. “Signor Salvi plays Massaviello, Sigaor ueventano as Pietro and Signor Quinto as ‘Alfonso, Bigr ora Steffunone as Eivira, and M’lle Leeder as Fenella, Mario Rovere, Vietti and Rosi appear ia the Market chorus. Evrton’s Treatre.—The bill which drew such a full houre on Monday, * Antony and Cleopatra,” aod “ Paris and Lonéon,”? is to be given again this evenicg. Miss Robertsom, Miss E. Raymond, Mrs. Burton, Mr. Burton, Placide, Jorcan, Jouuston, ‘and other favorites appear. A new comedy, wiitten by Bourcicault expreasly for this theatre, is underlined, Nattonat TuraTre— Unele Tom's Cabin” is to be payee this Sree The adaptation of the novel which Played at the National theatre is interepersed with plea. antly intr. duced songs aad dances. Watiack’s THEATRE —* Love and Money,” (Mr. Bouret- cault’s comedy,) is to be played again this evening, and with it the very populer farce of ‘Love, Law, and Physic.” All the comedians, Blake, Waloot, Les:er, Miss Keene, Thompton, ete., are in the bills for this nig AMERICAN ‘M—Mr. Conway’s version of “Vacle Tom’s Cabin *’ ia to be played this evening. The pano- rama is worth seeing, and there are numerous songs aod dances. the giraffes, etc., are also ou exhiditioa, * with. out extra chaige.”” : Tux MrerixG of shareholders in Perham’s Gift onter- prise is announced to take place this evening, at Mutro- Politan Hall. Tickets can bs purchased to-c ay. Mr. Dewpstsk will give his last concert but one at the Tabernacle this evenirg. “The May Queen,” “The Spot where 1 was Boro,” “Join Anderson My Jo,” “Lament of the Lrish Emigrant,” “Duncan Gray,’ and other doauti- ful mel cies, «ppear in the programme, and the tickets are cnly twenty-five cents each, Franconi —At the Hippodrome this is the last night of the great match between the Spring Yeld amateur lad) rider and the Freueh \iders, A grand entertainment also announced for this afternoon and evening. Bowsry Cixcvs —Nicolos Javenile Acrobats, Chiarint and his great borve, Madains Franceni. and Mise Emma Matthews all appear this evening A PLEASANT evening’s amusement may be had at Stuy- Ye-ant Institute. Blitz gives all his bent experiments to- night, and also displaye the Canary birds. Am exhibition this afternoon. (Crrusty’s Mixstrsis, 472 Broadway, give a concert this evening; the wost popular vallad music of tue day is anncunced, alse the funny Chinese Acrobats. Weop's Mixstrats, No. 444 Broadway, are entertaining troops of friends every evening The ‘“Uoncart « Ja Jullien,” toe ‘Black Shakers,” and the “Holliday Dance,” are a)! in to-night’s bill, Tur GRanp SURLIQUE Scexx, from Bellint’s “Norma,” which is introcuced every night at Buckley's converts, 639 Broadway, is eaid to be very well donv. It is to be repeaied te night, with sundry otber good things, Mr, Charles Burke has witkdrawa fron the stage ma naxement of the Olympic theatre of Baltimore.. Mrs. Susan Devin Woodward, vice Susan Denin, has re turned to the stage, and was toappeur at Hough’s thea: tre, Syracuse, on Monday evening, 14th inst. It will be remembered tha‘ this ledy was married toa Mr. Wood- ward sore time since,against the wishes of her guardian, Joho Winans, Miss Ki uberly took a bewefit at Syracuse last Saturday evening, and played Hamlet. Eight thoussnd children belonging to the publis sobeols in Baltime in the Maryland [usti- tute ye-terday, to hear Yadame Sontag. She sang mag- rificently, and was enthasisstically applauded. Her concert to night promises to bee brilliant affair. Ms. W. ©. Forbes has opened Liberty Hall, New Bed- ford, with a good theatrical company. Amoag the per- tormers are J. D. Grace, J. B. Studley, Imden, Mrs. W. C. Forbes, Miss Emma Taylor, Misses EK. and J. Kendail, dans:uses, etc. Camilla Urao announces @ concert at the Music Hall on Thursday evening next. Jules Bonedict has returned to London from a tour ia Germany. At Dresden he had the honor of swnding god father to Jenny Lind’s first born, who has buen named Otto Walter Goldachmic t. Rese Merrifield is giving ‘‘ Topsy” concerts ot Philadel- velyhia. Misa Gertrude Dawes {a playing in a fairy tale onti‘led the “ Magic Well,” at the Chestnut street toestre, Phila- delphia, Obituary. Firet Lieut. C. HP. Butier, 2u artilie-y, died of yellow fever at Tampa Bay, Florida, Nov. 1, 1858. Mr. William Camp, residing in Kast Hartford, Conr., committed suicde br hanging himselt in hia barn, cn Saturday night, Nov. 12, He was in easy sircamstances, and no po-rible reason eau be essigned for the cause. a es FINANCIAL AND COMMERCIAL. HONEY MARKET. Torsnay, Nov. 15—6 P. M. The market wan not so buoyant this morning #0 far as prices were concerned. A conriderable amount of busi ness was transacted, principally on time, buyer's option, ‘The cash operations sre privcipelly an account of the bears, for delivery. The closing up of time contracts adés #0 wuch to the previous supply iu the hands of the bulls, and materially absorbs their means, bosides giving them a greater load to carry. Mon+y is « little plntior, and a little cheaper. Loans cannot be nevetiated ia the sireet at lene than two to three per cent abere the stand- ard rates on the best stock. This is enough to show that it is not the abundance and cheapness of money that has inflated the stock market, At the first board to-day, Canton Oo, advanced 3% per cast; Parker Vein, 34. Crystal Palace, 1; Nerwich and Worcester, %{; Roading Reilroad, %. Nicaragna Geclived 34 per oont; New York Coutrat Railevad, ¥; Ulser, 3; Brie Railroad, %; Harlem, 4 at the second board Cantoo Company fell off 34; Nicaragua, 3o: Cumberland, 1, The market closed wih» downward tendency. The recent rise has brought out a good deal of stock, snd the bulls have to take it to keep prices from rapidly depreciating, They will svon have esough of this, and the markot must give way trom its own weight ‘The bears are realizing, wo ay to withdraw an\ wait the courte of events, Thin isa great mistake. Prices are just Tipening, end the fruit mast fall into the haoisof the dears, if they stand ready to eatch it. At the commencement of business honrn yesterday, Gen. Jobn A Dix, wi one rerignation we noticed several weeks ago, surrendered to his succomor, Joha J, Uiseo Faq., the porsession of che Assistaut Treasurer's offive, with the public money im his custody. Mr Dix, who wan appointed on the first daycf April last, took possession of the office on the 17th of May, and reosived from Mr, Luther Bradish, his predecessor, the rum of $6,896,116 40. He pow passes over to Mr. Cisso the sum of $6,446,214 47 In both cares thee amounta were examined by the Naval Officer and Survey or of the Port, arainted by Mr, Robert Kelly, who on the former occasion was «pecially devkg pated for the purpose by the Secretary of the Treasary, at the instance of Mesara. Bradish and Dix, aad on the On both occasions the publié money was found to agree to a cent, with the respective amonn's eatrus‘ed to the o— & fact in the highest degree creditable to the fidolity, accuracy, and vigilenoe of all concerned in the adminis- tration of the offies, Yr. Dix han had oharge of the Assistant [reasurer’s oftice six months, lacking three daye—(rom the 17th of May to the 14th of November. During that time he has Teceived, including special deposit, 927,652,006 48, and paid out $28,151,843 06, making an aggregate of $65,804,449 64, for the transaetions of the office during the last six months. e The special deperits are made by the disbarsing officers of the government, under @ system introduced by the present head of the Treasury Department, with a view to carry out to the letter the law (commonly eslled the Inde- dendent Treasury act,) regulating the collcction, custody, ‘and disbursement of the public revenue. The dubarsing officers, paymasters, pursers, quartermasters, commis- series, engineers, &c., were in the habit, on receiving | funds from the government, of depositing them in banks, | thus evading the law, which forbids them to maka such deposits, by plactrg them to their credit as individuals, and vot as public agents. This practice is broken up, and they are now required to deposit the pub- lio moners they receive with the Assistant Trea- surers, drawing them out by checks as they are needed for disbarsement. Ou a former occasion we noticed this change, and described the check, prepared by Mr Dix in his office, and adopted by he Treasury Department for the Treasurer of the Ur ited States and the Assistant Trea- surers throughout the Union. The new system went into operation on the Ist of August, and in two months and balf the receipts from disbursing offisers at the New York office have amounted to $2,736,859 17, and the payments on their cheeks to $2,512,468 02. The numoer cfchecks drawn by them and paid by Mr. Dix is 1,170, and the average amount of their deposite on hand at all times is about $260,000. The number of disbursing off- cers keeping accounts vith the office is twenty-three, ‘The compensation of the Assistant Treasurer is $1,000 Fer annum, and this amount is not augmented, directly or indirectly, by a single dollar in the shape of emolu ment, perquisite, or allowance of any sort. When the Assay Office goes into operaton (aot probably ia loss than four or five montha) he will be its Treasurer, and receive an additioaal sllowance of $2,000—in all, $6,000 Perannum. His responsibilities are enormous, and his confixement very close row; they will be greatly increased by the additional duties to grow out of t: ¢ operations of the Assay Office. Mr Dix was not absent from his offise a single business hour during the six months he held it. It genrrally requires a long tims to settle up the accounts of the Assistant Treasurers, Mr. Bradish’s have ot yet been closed. The present amount of the bonds given by the Aasistan’ ‘Treasurer at New York is $100,000, and it is in the option of the Treasury Department to increase it as the pecu. niary responsibility is increased by the accumulation of money in his hands. The amount in his hands onthe 284 of September last, was $10,202 616 70, aud no further security was required of Mr. Dix. Itis not probable that the amount will be greater at any future day, for if the | public expenditure does not keep dowa the revenua, some other means will be resorted to for the pur- pose. We understand. Mr. Dix’s sureties wers two | gentlemen of large fortune in the interior of the State, each of whom became bound iz the sum of $400,000 for the faithful performance of his duties. Mr. Bradish’s sureties were eight gentlemen in this city, who were bound in the sum of $60,000 each—making an aggregate | : of $400,000. Before the Astistant Treasurer enters on his duties, he | takes and rubscribes two oaths—one to support the con- stitution of the United States, and the other to perform the duties of his offise faithfully, ang to the bost of hia knowledge and ability. These oaths are endorsed on hia commitsion, and duplicates are transmitted to the Trea- sury Department. The officer by whom the oaths were | administered to Messra. Bradish, Dix and Cince, is tho Hon. | Samuel R. Betts, United States Judge for the Southern district of New York. Thero are five clerks and one porter employed in the Atsistan’ Treasurer's office through the day, ani two watchmen daring the night. The receipts at the offica of the Arsistant Treasurer of the Por! to-day, were $87,080 ; paid, $42,547 53; balance, $6 166,74 89. The following in a statement of tho valuation upon which the Cleveland banks are taxed, and the amount of taxes they ase severally required to pay, as we leara frou a Cleveland paper:— Commercial Branch, $14 771 87.7 Me havte’ Branch 9,699 52.3 Canal Benk, 6,288 87.7 City Bank, 22. Baik of Commerce. Forest Gty Bank, Notal tax......eee seeeeceeeres eres GHLO7L 67.5 ‘The amount of taxes upon banks, railroad companies, telegraph companies, gan light compauy, and foretga in” surance com pauies, in Cleveland is $54,547 69.6- not in- cluding the tax of the Ohio Life and ‘Trust Company, which, we believe, last year was taxed in this county, upon $175,(00, The onpital of the banks named above is $500,000, making the tax upon the capital invested over eight per cent The Steubenville Herald contradicts a report in circula- tion in Zanesville, to the effect that the Steubsaville aud Indians Railroad was about to suspend, and adds:—A contractor from thet region came on here the firat of this week and got all that was due to him—fourteen thou- sand dollars—and was agreeably surprised to find an abun- ‘dance on hand to meet all emergencies.’” 2,098 00.7 We have reovived = copy of the message of the Governor | of Georgia, The debt of the State, on the 20th of Octe- Der, 1851, wae $1,687,472 22, Te this should be added $745,000, issued under subsequent onagtmeats, and $369,500 bonded debt of the Central Bank, makiag toge ther $2,881,072 22; from which is to be deducted $164,500, paid uncer the operations of the sinking fund, and leav- ing the present debt of the State $2,636 472 22. A large the inconvenience arising from which ths Goveruor re- commends to be obviated by anticipation of payment of bonds, as far as the means of the State will permit. Upon a» careful invemigation of the affairs of the Cextral Bank, row in the course of liquidation, it appears that after exhausting all its resources, there will be left the amount of $349,500, which must be paid from the treasury, and which ia included in the list of Btate liabilities. The Governor recommends,that the ex- ecutive be authorised to take up these bonds, and issue regulsr State bonds therefor, About $20,000 has been borrowed by the treasurer to meot the accruing interest on these bank bonds, for whish it will be necessary for the State to furnish means for the reimbursement, The Governor reviews the affairs of the Westera and Atlautic Railroad at some lengih. The $625,000 appropriated by the Legislature by the act of January 16, 1852, would have deen sufficient to put the road in good condition, bu for the fact that by much the larger portion of it had to be applied to the payment of debts which had been accama- lating from its fir't orgauizstion. Tho revenues of the rond had therefore to be used to make up the deiieiency, and ihe present report of the saperinten ent will there- fore show no profite received for the work, into the Stwts treasury. ‘The Norwich (Ct.) Courier announces the failure of Mr. that city. Amount of liabilities not mentioned, of certain articles exported from this por! duriag she week ending and including Saturday, Nov. 13. distinguish- irg the destination and extent of shipments to each place :— Commence or THE Pout or New York—Weakty Exrurrs. LIVERPOOL. Quan, Value, Cotton, bls. 305 Booka, eg. Wheat, bu. LB gvo is, Th 188 Whalebone ., 9,988 Segare, Me... 16 Sp. oul; guls... 600 Raising, cha... 806 teen eee eens cee e ee BOOT BAT LONDON. Whent, bu.131,526 $205,624 Sagara, M..... 90 $1,000 Fiour, bbls, .17,789 188, Cheese, Ibs 100,004 9,000 y 6,862 43,286 Mf. tohea,..47,¢00 9,824 16 45 Pepper, - 600 Biro 100 8,000 Staves, M 2 120 1,000 Chem. balance 1 wo 29> 6,690 Machinery, pa 42 8,250 Ne 605 Clooka, es... 163 5,156 Tobacer, hhds 22% 44 ggg Spermacetti., 91 1,796 To. half tos. 100f TIndige........ 14 6,363 Beef, ter..... 200 4,000 Furs, bales... 197 31,304 60 Pr fich,bf.bbls 4 ‘Total, CORK. Wheat, tu,.81,089 $50,000 Staves.....,.2,400 i 4,376 81,100 800 Giovensten, Wheat, busheis,. + 610,488 $18,267 MAVRE Cotton,balen., 44 4,700 I.R. goods, ewt 108 $4,849 bus.22.549 86,678 Machivery.,,, 7 600 760 ‘960 Pencils. 664 60 15,848 M7 4,416 219 60 700 1,180 816 0,606 9 ‘690 ——e Ponvonenpererseneenens A portion of this debt will mature about the same time, | Wheat, bushels N.stores, bbls 1,500 7 200 , M 20 N. storen. bbls 084 . 13 Sbipbread.... "11 Applex a) Naval stores,. 145 Tallow i! 5 Rye meal... 80 Rice, carks... 20 Tea, vege OAT Tobasce hhda Do. mtd, Ibe 68,779 Leather, sides 904 Batter, Ibe sugar. Tallow Total. , Flour, bbls... 739 Pork. vs. cece 162 12 200 MDG. sss Butter, firkins 100 Rope, coil Total. Ale, doz.. Do. bbls. Reef. Potatoes . 200 Tar 6 Loe: moti 1 Sager mills, 2 Macrin’ry, pos 825 Herdware pkgs 132 41 Apples bbls. Roneblack .... Butter, Ibs, Tard, MI. tobacco Whalecil, gale 410 Cider, caren... 187 Wiware, pkaa. 2 Rope, cutie. Peper, reams 1,600 Palmoil, cack’ 2 540 Fle C | Ref'a svgar, ‘p turpentine 25 shee J, L, Miner, one of the principal dry gooda murchauta in , The annexed statewent exhibits the jnantity and value | + will be put upon a 40 Ri 78 | Do tieroes, 35 Stareh, by 50 | Rooks.....0.. 1 Woodware 15 Matches,gross 600 Boots, cares, Pree’d mea! Flour, bbla,.. 768 Porn oe » 80 Rosin + 6 Hey 1 Gen dae, e8. Boots & rhoes, Liverpool. Ph weak Havre . Marseilies Hormsurg. Toto exporta'fon in the week. Total importation in the week... Exowss of exports over imports.......c665 +10,833 $17,000 MARAMILIES. 176 ¥ be pa Tobaceo, ce’ns 48 1,813 RREMEY 16,581 Pimento, BRITISH NORTH AMERICAN COLONIES. +7890 $68,219 488 Total..reccorceresressesecee CHINA, Domstes, pgs.3,613 $199,800 Lead, piga 1,837 8,200 180 2 327 BRAM Flour, bbls..1,831 $13,000 Hats, case,... 1 $1,700 662 |. 87 oe Be Yarn, pkgs. 50 Gin, hen 2 400 160 Furs, pkgs... 6 180 Molasses, gai 4320 981 Timber, pos... 8 220 Nail, i % 483 Total.....000++++$101,307 SUMATRA. Domestics,pgs 40 $2,674 Opium, cases. 6 $2,517 seeseeeseee er $5,001 876 $3,159 Total........ + $12,370 BRITISH AUSTRALIA, 000 $33,373 7,963 109 886 4,282 3 540 400 $71,071 Le No etores...., 215 450 —— eageceensecoosaceese S1Bj200 HAYTL 7200 $1,450 7,659 $878 539 1,419 128 5,900 11168,449 420 200 S ap, boxes... 150 149 259 nied fsb, wt 240 960 y 63 Mach’ery,pkgs 4 187 Pien ed fab... 100 453 —_—— Butter, Ibs,..1.410 274 Total.........044 $11,930 FRENCH WEST INDIRS. Flour, bbls... 685 $4,400 Corc, bush... 600° $370 Slap bread 30 150 Peas, bags... 225 5 10 45 Herrings, bxs. 300 = 130 6 515 Onions, bun’s6,600 200 Tongues, 7 70 Pepper, bags.. 30 360 Potato 10 25 Apples 10 30 = Total., PORTO RICO. Corn meal,pun 70 $1,300 Kerseys..... $229 N, storesbbla, 21 76 Wodd ware, pk 28 14 Shooks ,008 1,151 Store war n 86 Roilere 3 1 Tren work.... 25 1,889 Copper enanwe, 1 219 Oileloth, cases 2 123 Favey zooor., 309 Furniture .... 28 688 Sintiouery.... 300 —— Haops. 000 186 Total .....e+ee00 $8,113 Ropes, coil 1 135 MEXICO, Mf. rob’on, 1b+6.929 $1,585 Matehos, gross 385 408 Shot... 5.000 350 Hardware, pgs 52 750. Butter, +1352 + 26 240 Cheese! 49 86 Candle, Uxs 70 192 Domestics pkgs 80 1365 Pepper kes. 80 Y A 294 Tkgs 60 1,460 Gunpowder, 24 Tombstones... 2 400 Lauber, ft. 708 Home Iva... 4,100 429 Spare... 10 330 Copper, cates.” 1 Vi Vrags, pkgs... 32 617 N. stores, bbls 175 60 Umorellas, cs. 6 339 Potatortst... 11S 227 Drygooda..... 3 258 piture, pgs. 127 24 Irom, bare... 163° 231 Copper pens.. 6 680 Sheetings, bs, 19 1,830 Glass, pkgs... 20 351 Cottons, o 220 Ail COCKS. wee 4 2 Vaper, reema, 76 Olive oil, cases 25 Tromka....... 74 Onious, tea... 82 Fes. oil, cases, 12 Cab ur, Lage. 100 Paiute, phga.. 28 Sp. turp. gls., 275 Linaeed ot ‘oth 6 $782 fs.copper, cs. $319 tio. pags... 16 168 158 IR. goods... 3 455 420 Dried fish,’cwt. 119 ae 17 Bonp, boxes... 60 68 9,000 Brandy, gals. 110 119 14000 Lumber, feet10,000 186 25,93 Furniture,pkgs 48 1,812 ‘2,669 Scale. 1 61 117 Wick, bales 4 238 WI Saddlery, on. 10 943 704 Drags, pkgs.. 1: a1 Ghar. 6 138 $83 ate, case... 1 211 665 Fancy goodn,es. 9 63 896 Onions, bucks 219 444 Shook 1,204 36 Hoops 275 662 Tea, pkg! tt) 47 204 Total. ARGKNTINE REPUBLIC 3,786 Paints, pz... 900 $418 3(0 Timber. = 162 108 1,683 Brooms, doz., 112 _ 163 711 Cocoa, bga... 180 2,649 130 Pepper....... 60 "B04 1,705 Twine, balls. 80 858 h705 Cassia, mava.: 138 1,176 1,148 Cloves, bags. 20 "400 160 F, orackers,bx 913 1,183 169 475 Total.sseseseeees $17,110 WEW GRANADA. $226 138 7,533 ndine exported week ending Chemicals,pgs 6 $500 $863 MADETRA. $5,371 Rice, carks.,. 6 $151 40 Hams, Ibs.... 494 58 108 900 126 m4 wees B14 1712 sees 86,129 Hats cs...... 7 $141 Farai‘ure pgs 25 235 Drugs... 3 6 Lumber, feet.5,000 118 Woodware... ' 18 91 Hata, Ibs.. .1,600 179 Sn 28 Coffee, bags... 3 50 Tes, pkgs... 7 116 2,048 Total ...ceeeeee0 687,083 341 Rwcarree.amion, - $557,847 Br N. A. Colonies, $101,397 460.16 Sumatra + 6,001 $1160 Chins. + 202,939 18,267 ++ $2,039,749 461,124 $2 600,873 2.377, 544 $423,320 The value of toerchandise exported last week waa ox condingly large—larger than we have repor‘ed any previous week this year. With the amount of specie shipped, the tote! exportaiiona exceeded the importations by more than hundred thousand ¢ollara. If we can keep up thia movement for any kngth of time our foreign trade of acti ry sound basis, This is the season exports and moterate imports, and we cannot expect the former to exceed the latter for more than » week or two. The bulk of our exports last week was compored of breadatuffs, and the shipments were protty weil distributed. To Franee the exports continue active, ‘The following extract from the Pays, of a late date, ré- ceived by the Baltic, gives some valuable information relative to the harvents and the markets:— The information which we have received confirms what we have before said relative to the import movement of corn. and tothe supply of our markets. the present month 500 | reached three millions of heetol At the end of the quantit, bag will have lively eteted that the daily government praye that thy tres, I a eS of forsign corn ~ iH it : asatity than others, ip ich may arise ‘n the means of port. Under any cireunatsnees the proportions ‘movem at ef imporia iou amply re«pond to the ourmarket. The defi iency in the harvest it is well known, less than it was in 1846. At tal poo a sont ene : orted wan as has been several rfl il Fae z i pot even be im & shert what 1s desireb'esis that the import should to satisfy the wants without causing 4 in the market in the event of the year 1864 as there in every reason to pposing that ths quaatity of 60,000 hectwlitres or near it, be mai tai: the import at the end eember, 1853, will amount to +ix millions of of corn, including the turee millions Mf it contioue ic + 10600 do...... b3 110 shs Del&Hud CCo 10 do... - 5 Am Ex Bank... 6 Bk N america... 20 do.......b3 99. 10 Shoe & Lthr Br.. 50 Caxton Co,...b30 100 260 200 100 200 F1& Ke; eos 126 F1 & K Joint stk. ott do......b10 €00 Gold Hill Mine..3 100 Ulster Min Uo... 100 Nic Tran Co..... 200 do. 300 100 150 100 50 450 100 100 do...,..b30 267% 100 Cumb Coal Lo .+3 40 150 do. . 4 10 200 200 100 Reading RR. 260 850 do 78 100 20 do. 7 50 20 do, 77. 260 30 do. is 160 26 do 11 300 160 Mich Con 108 100 do....,,60 109 400 5 CO.sceereee 107, SECOND BOARD, $0500 NY Cen RR Rds 34 200 abs Harlem RR. 66 20 €0...4..060 56 50 do. oe. 66 26 Harlem RR Pref’d 103, 100 Cumb CoulCe.b30 40 88° (200 a bebe St Nich’s Be. 91 400 92 50 25 Commonw’h Bk.. 30 200 do. . 100 Reasing RR..bf0 100 LI Railroad, 60 100 do... .ats0 Mines and Mining. Tuxspay, Nov, 16—6 P, M. The transactions at the mining board to day were very limited. There was no disposition among brokers to buys though many stocks were offered at lower prices thag Lave usually riled. The sales in the street were as larg@ an usual—chiefly of the ‘fancies’ proper. The property recently purchase! by the Potomac Come pany, inTennessee, is in the viciui'y of the mines now worked under the names of the Cherokee, East Tennessee, &o. The vein is some three-quarters ofa mile distant frog the one on which these mines are working; and, like the latter, contaim the bla:k oxide, averaging 17 and 28 per cent of copper. Two mines—ove called the Isabella, the other the Davis—are establirhed on the site, each possess ing three hundred scree of Jamd, or thereabouts. The most extraordinary stories with respect to the size of the vein, have reached the ear: of operators, One man saye. it is three hundred feet w: another, two; and others have exercised their imagination on its quality- and richness, Making due allowance fr the prenenese of miner> to exeggerate, and judging from what has been. already established with regard‘o other veins in the vie cinity, there {x no reason to doubt that the lode en whicls the Isabella and Davis intend to work is one of agusual sise, and if the operations are skilfully conducted, we may fairly expret large seturn of ore. One mine in the neig peehood, produced three hundred and fifteen tons last month, fr: m a vein repo! ted to bp several feet hess im wicth, At the per cep'ng+ at which scientific men esti. wate the Isabella and Davis ore, » much Jess quantity than this mould pay a handsome dividend. We si be glad to hear of something like actual returns from and now that the mexns of communication are so mack improved, we presume that we shall not have te wait long for news of rhipments An unintenti vai error on the part of the MeQullocls Compeny, has led to a misunderstanding between that corporation avd Mr Wm Peitertck. The latter tle msn, on visiting the MeCulloch mine, saw some of the’ and expri sied « favorable oviuion of its velue, The ruperintendent, natu ally desirous of availicg himself of the opinion of oxe whose reputation stands fo high ag’ Mr. Petterich’s, communicated the circumstance. to the board, and it was here supposed that Mr Petterick had visited and examines the utderground works. This error Mr. P. correcta, in a letter which want of space alone preeludes our publishing We wil only say that it in ine below into the mine, of that which he formed -b80 WIG RR. 113 10N Y&N A RR.83 101 04g at expressed any other opi: ion tl trom @ view of the ore on the surface. MINING HOARD, NOV. 15. 100 cha Lehigh & Penn 3% 100 ahs Deep River 160 % 100 do. 160 100 3 3% CITY TRADE rEPORT. s Tomspay, Nov, 186 P, M. ARTIES.—fome 50 bbix were disposed of, at $5 50 foe Pots and pearls, psr 100 ibe. ° Breapstvrrs.—Flou: was in lively request, but at lower Tater, The dav’s «alan em raced 27 000 bbls.; sour, af $6 0634 a $63) 34; napertine Vo. 2, at $6 50 a $6 76; ordle nary to choice State et $7 a $7 18%; mixed to fancy Western, at $7 0624 a $7 85; and other grades at rOpoTrs tionate tyures Tiere were 1.590 bonis superfine Gass cian procured, at $7. Sales of 1 $00 bole, Southern trans» fired at $7 18% » $7 BTM fo wixe! wo good; 87374 @ 7 60 for favini @: ami $, 60» $1 OR, oF fancy, per bbL. Rye flour was une apse). About 60) bbls, Jeriey corm mea) res lived #4 1245 18M. Wht waa i inquired fer. Ti including Geneses vhite $180 the inside rate for ewh 78; ¢ * v price «xeeeding the m: 100 bushels ye bought, at $1. ined, value. There have been 7 Barley and cate remained as lust tier end rathe: cheaper. The reached 31,000 bushela, at 780 m 790, unt; 7%¢ = 806, for mixed South- ern; S0c. a Bic. for do. Western; and 8i¢, for round and flat yellow CorPe®.— The transvetions were confined to 200 pres, pei ag Ie. and 400 bags Rio, im lote, at Oye. IX oe CorToN.—The day's salen comprised 1,820 bales, Includs ing 1,018 for home use 466 for export pees Tatora | Mathet unaltered “ihrem PREAGHTS —There was more srain og forward to Lie Yerpool and the engegementa tl 2 10,000 to 70.006 Dunbele wheat, with tome lors of corn, at L240, a 12%0.5 doth ip bulk ard shop s bags and io: erate lors four were engaged at Be Gd., witle d+ Od. wax nskeo; and,500 bbls, rosin were engaged at 4s. 6d. To Laudoff, 10, wheat were at led, 2 aes caged itd., aod 200 bala. flo: Mmrasur ment. Fert ~ There were 1,250 bexes bunch ralal parchased At yenterdny’« quote tions, isIE. AY —An improved bipot existed : today at tbe, 8 680 per loo ie ey osha Trox.—We heard that 250 to+a Seoteh pig found buyera six mon hs per ton, At $33 cash, a $37 1 uinally worth $1 for common, Rockland was per bol were made cf 86 hegaheads Porto Rico at 270 ; and 60 barrele New Orleans at 280. per gallon, Otis —He ders of cruce demanded Tle. yr whale, and $1 8 for ™, per gallon. The day’s business em- Drsced 140 baskets liven $4 124 # $4 25; and 6,000 gab Jona linseed, part, at 670 a f80 Provisions. —Pork wan still cluded 460 bola, Wertern at $15 8 $15 26 for mens; $12 60 0 $12 6654 for prime, per bol. There 815 bbls, lard hought at 1ge, ® 103¢0, per Ib. Beef valeable ard firm, The transactions aonsisted of bbin., at $0 60a $11 for country mens, $16 60 for Chicago, and $6 50 0 $6 for w prime, per bbl. and cheese continued in moderate poe be a » A! silts ii i ‘Staars—the sales of Cah reached 2, er ertnee Se tow tray Bh 8dGe wages ahleie the “NGsRzrte-Balen were reported of 860 bbis. Jersey, simi E okS #