The New York Herald Newspaper, December 1, 1853, Page 3

THE CITY BUDGET. APPROPRIATIONS AND EXPENDITURES FOR 1858, AND ESTIMATES OF EXPENDITURE FOR 1854, - ae, ko, &o. Frvaxcn Derarrmest, ComPrnouusr's a} Crry or New Yorx, Nov. 28, 1868, ‘® the Common Council :— The seventh section of the amended charter of 1849, declares that ta, in, writing, trough ‘the come er. ‘The ninety pinth section of the ordinance for ising the departments of the municipal government of the city, jes, that ‘bmit to the Common Council, on or ae eres tot November, in each year, « debeiled enti ato of #1 taand expenditures for the y: mencing on # ary followi the ann estimate of for the He “eomter that au application tay fe made ve the Login Shire for authority to Levy the same. ‘On the 15th of Ustober the comptroller issued a circu- lar to the several heads of de) ita, requesting each to farnish the ‘specific and detailed’ statements” re- an furnished from the several depart- ments, will be referred to under their appropriate heads. 1.—THE GOVERNORS OF THR ALMSHOUSH, Btatement No. 1 gives s detailed estimate of the ex- for the maintenance of this department, from the of January to the 31st of December, 1864, ‘The total sum is...........6 $447,150 Estimated amount of receipts. + 20,000 Amount to be rained by tax.......0. sees esse oo ++ $427,160 Im addition to the above sum, there will be re- quired uring the year, for the construction of new buildings, and the repairs and extension of ld ener, (see statement No. 1,) the sum o Making the total expenditure....... Il.—THE POLICE DEPARTMENT, Statement No. 2 is an estimate pf the sum required to be raised by tax for the maintenahce of the Police Depart- ment for the year 1854, The total sum at the revious rate of compensation, : PegTo4 808 swounts to, seescecees Add for increare of the pa: captains lienten- ante and policemen, per resolution of )8th No- vember, 1853... seid sueceease ana) LaLONe Total Ree tane $826,615 The principal portion of this suum is patd to’ the several esptains, lieutenants, policomen and doormen, for per- sonal services. The payments are apportioned among the several districts or wards as sho ra in statement No. 2. ‘The Chief of Police estimates that the sum of $46.200 may be required for sixty-six additional policemen, “likely to be required during the year.” As the sum of $121,650 has been added to the salaries of the prevent police force cf 1,100 men. it is not unreasonable to hope that this reinforcement of twenty per cent in the sala- Hies of policemen, compared with 1852, will sutioe for tae tection of the city for 1864. The total increase of tion on account of expenditures in the Police Depart- ment is more than $200,000 over the appropriation for If]. STREET DEPARTMENT. Btatement No. 3 is an estimate of the sum required to be appropriated 10 meet the disbursements in this Depart- ment during the year 1854. A statement is given of the mount of the severel contracts for reyu!ating, grading and paving streeis, which is paid for by an assessment on property. The total is $1,141,725, Of this sum, the Com miss oner of Streets estimates that there will be required for the payments of 1854. + $600,000 For opening streets, alto rei ment, hinges 400,090 Oharges on arrears of sesessmenté, 1,500 Fencing vacant lots . 2,000 Tater est on assessme: ty. » 16.000 Closing assessment contracts... 50,000 Liens on lots 6,000 Wells and pum ' 750 For sewers, cudaian cave (onbariake by Cro ton pacoanst Board, in 1854, (see atatement 10, +e seovaevesesseeorsessseonsece | 180,000 Total expenditure, to be reimbursed ‘oy ausess- BOM veacteregarencaey de eeereees 981,920,760 F or docks and ‘slips, “new wore, payable by taxation, (soe closo of wtatetaent No, 3)...... $166,000 Docks and lips, repairs... 2” 50,000 Lands and places... + 15,000 Geacing docks and lips 6,000 Boads and Eighth avenu 15,000 Removing sunken vessel 5 Realestate expences 43,660 Battery enlargement. 25,000 Amoupt to be appropriated Emimated revenue, (see ata Amount to te raised by tazation............., $816,660 IV,—CROTON AQUEDUCT DEPARTMENT. Statement No. 4 is an estimate from the Croton Aque- @uct Department of the sum required for the expendi- | tures of 1854. The total is $203,000. By the 16th section, chapter 883, of the laws of 1849, the Croton Aqueduct Board’ are to make all contracts for the construction of sewers in the city, The payments eu account of these contracts, however, are made through the Steet Department, and th for the sums expended for the construction of sewers by an arrensment made by the assessors in the Street De ment As the Croton Aqueduct Board make the con- | ots for sewers and settle the accounts. & request was made on that Department to furnish # list of contracts made, ard an estimate of those to be made, with the pro- able sum required in each case. This requett was readily ani promptly complied with, and the result is appended to statement No 4. | clerks and assistants employed in this office, and also the y the | chapter 452, of the laws of 1847, provides that all e treasury is reimbursed | 8%! ‘tem of imeprction is of questional of the city should be expended in paying working men, and pot in supporting s numerous of persons as mere lookers-on to see others work. A large pi tien of teeameunt peld to Inspectors yields neatuanes to the city. ‘This item {* reduced $10,000. The sum of $5,000 is estimated for removing incumbrareces. The expenditure the last bas been about $5,000, and even this sum exceeds by $800 the expenditure in 1851. ._V—CITY INSPROTOR’S DEPARTMENT. Statement No. 6 is an estimate of the amount required for the City Irspector’s Department. The total sum, ni including sal is... $75 626 7 a a ie 18,700 Total....ssseessere deseesegesee sess 904226 Contracts are wade by this de) wt for filling runken lots, which are paid bys requisition from the Street Department, and the treasury is reimbursed for the sums paid on these contracts by an assessment on the Property, If the case before the Supreme Court, in relation to the validity of the contract with Wm. B. Rey for re- moving dead animals, offal, &c., should be against the contractor, then the appropriation for that object can be essentially reduced ‘VIL.—DEPARTMENT OF REPAIRS AND SUPPLIB3. Statement No 7 is an estimate from the Commissioner of Repairs and Supplies. The estimate for Russ pavement is $250,000. The sum expended on this kind of pavement from January to Nov. 8 in $106 000. je sum expended in 1852 was $144 000. The Russ pavement in Broadway is nearly complet there is an in; tuon on the eontract Upoie erg ham reet and the Bowery. If the contract {# set aside, it is not probable, in the present severe pressure of taxation, that an expenditure of this large sum would be deemed eapecinnt, when it ia considered that the streets referred to have re cently been placed ina very goed condition for the tra- yelling public by the construction of the and the co: sequent relaying of the pavements. ‘The repairing of the street pavements, on which $99,500 has been expended to the 8th of November, is proposed te be done by competent contractors for abeut $50,008. There was ‘appropriated last year, for ‘ street expenses and paving,” the sum of $235,000, which included Russ pavement and the street repairs of pavements. In my estima have inoluced $250,000 for “ street expenses eo pavement,’’ in lieu of $464,000 proposed by the Vom. missione: There is an estimate of $87,000 for roads and avenues. The Face per Jast year wan $30,000 This proved in- sufficient under the present mode of doing the work. I have included $50,000 for these objects, and if judicious arrangements are made for putting the work under con- tract, there is little doubt the work can be done fora much leas sum, There is an estimate of one hundred and fifty-five thousand dollars for new buildings; but there is no enu- meration of these buildings, or any specific and detailed estimate respecting them as is required by the charter. Agreat number of buildings have been constructsd during the last and preceding years; and in the present condition of the ourdens’on the city it is not desirable to put im the tax bill a greater sum than is absolutely needed. It will be time enough to make this appropria- tion when the legislative department ceeides that the houses shall be constructed. I have there’ore omitted the one hundred amd fifty-five thousand dollars from the estimate in the ordinance. In this Jast amount is $25,000 for rebu datharine n¢ $20,000 for Union Market, and $8,000 for » for the use ef the Superintendent of Repaii ‘These items 5 jepartment has determined that this work shail bee: Anticipated contract work for the ensuing y: fiulog the departments may apprepriately call on the Common Council and the Igislature for a tax on the people to accomplish the objects. The follewin; included im the Comptroller’s art es Repairs and Supplies, (same as last year, with extra, Chief Engineer's Department... "55, Street expenses and paving £250,000 Roads and avenues... + 50, Total..... pieces au Pann ‘This detailed estimate of the Commissioner is appended fcr the examination and consideration of the Common Council. vil. Statement No. § is an es By the salaries of the judy juperior Court. The amounts Six Justices, at $4,000 each,. Fight clerks, from’ $2 500 to ‘Thirteen officers, at $700 each Arreareges due ‘the clerks on the their salaries, not paid for want ef appro- ‘TPRRIOR COURT, timate of the simi required to clerks and officers of the pristien,, ees 1,244 12 ‘The Fame to the officers (see 0 8, and remarks under head of “County Clerk’s Office,” in relation to extra pay)...s...se+5 2,166 65 Neilston teers: +. $46,110 77 Salaries paid from receipts of Clerk's Ofice... 6,600 00 Amount to be raised by taX.........eeeeeeee4 $30,510 17 IX.—OOUNTY CLERK'S OFFICE. Statement No. 9 shows the amount of theralaries of lee 0 officers appointed to attend the Supreme Ccurt and the Court of Common Pleas, ‘The compensation of the perrons employed in the Clerk’s office is paid from the fees, perquisites and emolu- ments paid into treasury by o we feos, perquisites and emoluments of the County Clerk, Surro ‘te, Register and Clerk of the Supreme Court, shall be paid into the city treasury; and that no greater sum shall be paid for the salaries of officera, and for the main- tenance of the offices than the amount thus paid into the treasury. In April last, an act war passed, chapter 142, increasing the fees of the clerks for searches, and per- mitting him to retain these to own wi He is also required to employ additional searchers, and to pay them from the fees for searching. The fees paid into the trea sury for the past year, have not been adequate to the ‘The rerult of this estimate is as follows :— | marateranen ot See ofsce: Work unfinished... Work not commenced, but ordin: Wy the department.......... Work which may be ordered in 185: Total... ‘The work ished will prodably be covered by the Balance of the appropriation in the Street Department, @rso much of the amount as can be called for before | January For the sewers ordered to be constructed, and | ‘thore which may be ordered in 1864, au appropriation of | $160,000 is added to the estimate by the Street | Commissioner. ‘The arras; ment by which one department makes cor- | tracts and closes and certifies the gcceunts, and another | department makes requisitions on the Finance Depart. | ment for the payment of these contracts, ia » species of | fimancial circumlocution which ought to be remedied. Whatever facts are needed to enable the assessors to | make the levy for the reimbursement of the treasury | ould be furnished, leaving the Croton Aqueduct De- partment, whens contract was closed, to apply directiy | the Finance Department, as is done by all the other | eentracting and disbursing departments. If the former mode of paying contractors, after the assessments were — fed, furnished sny reason for paying for the con- | struction of sewers through the Street Rt grimy pat that | reason is now removed by the provisions of the laws and ordinances which provice for the payment of the con. | tractor, as soon as the work is completed, by the issue of | ‘Saseasm ent bonds, ‘Y.—DEPARTMENT OF STREETS AND LAMPS, Statement No. 6 is an estimate of the sum required for | this department during the year 1854, The total of this ‘estimate in $478 650. ‘The est mate for cleaning streots was made after the | contracts were awarded, and these awards form the basis | of the estimate. The estimate for expenditures in the | Bureau of Lamps and Gas was made before the bids were | reosived for several articles of expenditure; this ex:imate, ig subject to considerable deduction. There is | an estima:e for ‘making lamps,’’ $20,000, and for ‘“glas- ing lamps,” $10,000. A few weeks since & contract was | made with Mr. Tiebout for making 2,000 gas and 1,000 oil lamps, at $1 74 each. At this rate the 3,000 lamps would @ost $5,220. On the 22d of Angust 's contract was | Swarded to Manus Kelly, for glacing and painting the gas Jamps at 58 cents each, and the oil lamps at ts conte, | ‘This contract will glaze the CG lamps for $1,410. The — total for making and j lazing 3,000 lamps, at these rates, | fg $6,680. If this sum be decucted from $30,000—the sum @stimated to be necessary for 1854—it leaves $23,370, which, at the contract prices, would furnish 10 600 addi- Sonal Jama and, with the 3,000 gow {a the course of | ivory, makin; mps from wader, 1853, December, T8640 és es ¥ air The total number of gas lamps lighted by the two gas companies, say in September and October, was 8,209, and the ofl lamps numbered 3,753, showing the total numbor im use to be 12,055, The consumption of Jamps cannot be @0 great as this ontimate indicates, and I have redaced this estimate two-thirds, leaving $10,000 for making and glazing lamps; snd, with proper care, one-half of this gum ought to sufiice, when it is considered that a large portion of the 3,000 lamps now in the course of delivery will be paid for from the appropriation of 1863, ‘There is an item of $8 400 for ‘ repairing, glazing, and reglazing lamps.” At the bidding, on the 19th ot Nov. ne perion offered to periorm the work for $2,000, anoth sr for $2,000, both of whom were, or had been em- loyer in the oil house, For the same work, however, Riades Kelly, who has heretofore done the repairing, pro: posed to coniract to doit for $9,000; othora bid $3,500 and 4,/(0, Ihave estimated this item at $5,500 instead ef $8,400. Cartaze, Inbor, &c , is estimated ‘at $9,000, As tothe cartage, for which $4,000 has heretofore been paid, an cn.ploye in the oi) house, who is acquainted with business. made an oifer to do it for $1,109; othera for $1,300, $2, and $2,500 Inelading labor, setting posta, Ihave put in one balf of this tem as estimated, aay. ,000, Ihave added abou’ one-half of the $7 200 for iron Frere for eet and lamp posta, say $3,000. ‘The itera for Mlaminating the City Hall I have stricken out altogether, and also $10,000 for “gas fitting for public buildings, ? this matter does not come wituin the authority of the Bureau of Lamps and Cas, unless specially directed by the Gemmon Council The only + xpenditure of any magnitude for gas fixtures is for the new Jourt House, in case it should be - termined to have ther; and for that an esti- mate bas been made by competent persons, which docs mot exceed 82 600. This sins has bea added to county expensen in cave the fixtures nhould be ordered, | ing the estimates on the contracts as thoy now , the amount of the appro: y be stated as fullows:— for gas Print pe the beet y dies tion for lamps and gas Contract with Manhettan Gas Company, lamps, kay 5,544,, vs Spies at $80,000 | New York Gas Company for 2,764 lain; 4 ¥ | Oil for public Iampr, 3,700 in number. same ag reget | nig OE . . ++ 54,000 | Lamp-lig) ite 4,000 | Making and glazing lamps, per contracts 10,000 Iron gas posta .. siveesevewes 12'000 Repaitiog and regiazing lamps... 3,500 Jron work jor oi and gas ports. 3, Cartage, labor, ke. 3,000 | O11 lamp posts... 1,000 Pisce sesece . 1,100 | Was ver | of the Clark himse! ) at $700 each... | Croten Aqueduet Department , | Board of In January, when tke Clerk took possession of the oftie, there was an arrearage of nearly $1,000 due for stationery, procured before he came ia, and yet t little stationery in the office. The fees evabled the Treasury to pay this bill, or to pay the salary since the close of the first quarter. ‘An appropriation will be required for this arrearage of stationery, although the fees of the office ought to pay it; re s otuer respects the office must be maintained from e feos. ‘An appropriation will also be required for the officers of Supreme Court and the Court of Uommon Pleas, 8 fol WE i | Thirteen officers to attend Supreme Court, $700 each. betting teesese sere $9,100 00 their’ salaries having beoa raised 1,118 71 Arrearay from ‘$500 to $100, (see statement No. 9)... MOR ya teset tiv, potatos titer ease GINS TE Nine officers to attend Court of Common Pleas, 300 2,208—8,508 00 To be raised by tax.......sssseeseeeee eee o G28, 711 TL : X.—MARINE COURT. Statement No. 10 is an estimate of the sum required for ee yment of salaries in the Marine Court. These are as follows :— Three Justices, at $3,000 each?. One clerk.......0...006 Seven officers, at $600 ea Total... An additiona! Arresrages for do. . . ny $15,200 Judge has been appointed in this court, , and the salary of each of the three is one third greater than the sum paid to each of the two former Justices, the total increase being $5,000. The salary of the clerk has been increased one-fourth, and the assistants are now Taid $4,900, instead of $500 in 1862, ‘XI —SURROGATE’S OFFICE. Statement No. 11 is an estimate of the rum required for the maintenance of this office. The total is $11,820, which includes ® defciency of $600, and the amount of $850 for an additional debt. All these sums are paid out of feen received from the Surrogate. This officer has paid into the Treasury since the Tot January Isat the sum of $10,717 06, and has drawn therefrom $8,670 28. ‘XI. —CORONERS. Statement No. 12 is an estimate by the Coreners of the sums required by them for the year 1854, being $16,000. ae is an increase of $4,000 over the appropriation of ‘XII,—FIRE WARDENS. Statement 13 is an estimste from the Clerk of Fire Warleve of the amount of expenditures in 1854. ‘There are twelve fire wardens, and theit, pay has been in- creased fror $260 to $500 each. The amount of appro- | priation required to be raised by tax in $7,80 20, XIV.—ROARD OF KDUCATION, Statement No. 14 is an estimate made by the Board of Education of the sum required to be raised by the Su- pervi-ors, and appropriated by the Common Councll. for the erection and repaira of schoolhouses, and for the support and msintenance of the public schools of the city. The totel sum to be appropriat d is $683,813 60, XV.—OOMMON COUNCIL. Statement No. 15 ia an estizaato of the pay of the Com mon Council, and of the Aldermen as Supervisors, to- go'her with the salaries of the cl rka and officers of the Common Council, The totals are Pay of Common Counell Pay of Supervisors, Clerks and officers... Total...... pdeu thine) ceseup ¢ + $16,450 Statement No. 16 shows the amount of salaries of the officers, clerks, &c, in the several departments of the city government for 1852 and 1868. The following ia s summary of the total sums to be paid, on account of su. laries in each department for 1854, vie: — Lap lative Department, Police Department... Finance Department... Bureau of Bureau of Deposite and Disbursement, Bureau of City Halland Park., Department of Streets and Lamps. Tax Commissioners........ City Inspector's Department Taw Departmen County Oficer., Street Department ..., Department of Repairs and Sapp lealths... sees Increase in 1864 cver 1852 Add deticieney of salaries, Total. While th at $260 000. This sum oo Jnl paid as personal services, or, in other words, “salaries.” amount of ralaries of the police in statement No. 10 given at $26,800, In aidition to this, there are captains Je theostanate for cleaping etreets in an item of $13,500 | former, snd lieutenants in each ward, at salaries of $1,000 for the der the resolution of Nov 16, 1853, are to be paid a salary of $700 each. In the Almshouse Department the salaries amount to $90,000, as shown in statement No 1, where a list of the persone is given, with the salary of each I bed hoped to receive a simile) statement from the Board of Education, but their retus copy of the statement which the law requires to be made to the Board of 3uyer- visors, and from which even the total amount of salaries cannot be ascertained. The total is probably equal to — the Large Leger aaa purely aggregate amount of salaries paid from taxa! may be stated as follows:— 65-1 amount, as given in statement No. 16, Total peid to captains, Heutenants and men, vis. — 1,034 policemen, at $700, is., + $723,800 ‘22 captains, at $1,000 each 22 000 44 lieutenants, at $800 each 781,0¢0 Salaries paid in almahouse de, a 90 000 Salaries paid in department opt syeq (eti- mated)..... i pear ea 90,000 Balaries (eo: oners’ fees) . ° 15,500 Total.. ‘This shows that the iarge sum of nearly a million and 8 quarter of dc llars is annually drawn from the people by taxation, and disbursed to various officers on account of sonal services. The sum which is put im the tax bill the annual report under the head of ‘‘salaries,”’ covers less than one fourth pa’t of the sum annually paid on ac count of salaries: and if the large sums paid to in’ pectors for personal rervices be added, it would show that the paid to the various kinds of officers and agents of the city are five times greater than the amount waich is originally placed in the columas of ‘‘sslaries.”” Statement No. 17 is an estimate of the receipts and ex- penditures of the Rpuaudonere of the Sinaing Fund, oa account of the public del Kotimated receipts dens $894,500 00 + 772,602 56 Eatimated expenditur Entimated receipts over expenditures.......$121,897 44 Statement No. 18 is an estimate of the Tax Commis sioners for salaries, ward mapa, and an arrearage of $1,500 allowed them by a fesolution of the Roard of Supervisors. 4 Portion ofthis sum is for extra com pensation, extending back to January previous to the new charter. As the 10th section of the new charter relates 'o * Corporation” offi- cera, and as the Tax Commissios ers are county officers, it in mupposed that the prohibition in regard to extra allow ance does not apply to this case. The total amount in the estimate is $20,338. Statement No. 19 in an estimate furnished by the Re ceiver of Taxes of the salarion and expenditures in bis ureaU. Statement No. 20 is a list of asserrments on the propert of the city for various improvements, as therein sated. The total le $27,160 30. This is for bills charged to the city beyond the sum appropriated to this objest for the last year. In addition to this arrearage, there has been paid for assessments on the city § — , of which $ Pia charged onthe Park for widening Bleecker airest. ‘The estimates for election expenses is $18,000. Tais is an increase of $8,000 over last year. The resolutions of common Council! allow $9 to each of the inspectors and each of the clerks, ard $15 for the rent of room. There are 127 election districts—thrce inspectors, each at $9, i Micdseseatoascsecee SAD There are 127 icts—two clerks, each at $9, is... 2,286 There are 127 ‘6! clerk, each $8, 18.0... .000s000 0. geste | 402 There are 127 election districts—bire of room, ach $15. 18... 00.000 eee 1,995 There are 22 wards—a clerk, each $3, is. 66 Printing, stationery, posting, &o. 5,904 The cost of advertising in June was 4234 MOAT esisncrscaronsconesasenne’ss ahseoid ee @ajOMs Statement No, 21 is an estimate of the Counse! to the Corporation for salaries, disbursemen’s, fees of extra counsel, and yayments on balance of intestate estates, The total is $22,075. Statement No. 22 isa statement giving the average of salaries unpaid for want of appropriation, alse for as- ements, &o. CONTRACTS FOR INDEXING DOCUMENTS IN THE COUNTY OFFICES, ‘The contractors for this work have petitioned the Board of Supervisors, offering to surrender their contract the 3d of August last, the Board of Supervisors passed a resolution that Collins, Bowne & Co. be relessi further prosecution of the work of printing index records of the offices of the Cuunty Clerk, Register and Surrogate on ondition that upon the payment of the ac- count rendered by them they release the city and county from said contract. Collins, Bowne & Co, have presented an account for work éoxe, amounting to $3,310, for which at appropria- tion is required. They have placed their contract in the bands of the Comptroller, to be cancelled on the payment of this claim, Aresolution was passed at the same time, releasing Messrs. Arthur & Burnett from further responribility under their contract of December 13, 1852, for printing tnd binding indexes of the reoords of the Register’s office, on their releasing the city from the conditions of the con- tract. It is suppored that a larger sum was aévancel to them thanthe work performed amounts to. At all event, no sppropriation is required in their case. Clerks were employed in copying records in the offices of the County Clerk and Surrogate. They have not been paid for this service, and it is respectfully recommended het the amount of their claims, and that of Collins, Bowne & Co., be included in the tax bill, and paid to them. The bills of the clerks are as follows:— John H. Evliott.. Willism ©, Freeman. George W. Dilus George W. Dilks,.. Collins, Bowne & Go, Total. Senate: ke BONO. Be OD At the session of the Legislatore, in 1852, an act passed reducing the balf mill tax to one-fourth of a mill, Ia te tax levy made in July of that year, instead of assessin one-fourth of « mill on the taxable property, the half-mili was assessed. ‘This was an unautho: ized levy on the tax- payers of the city of one half the sum collected, equal to $87,042 09. But it aided the treasury of 1852 to the amount thus drawn from the people, Indeed, the treasury was aiced by mearly double this sum, having paid over to the State treasury only about $12,000 of the tax levy of 1862, leaving seme $75,000 to be paid from the means of 1853. ‘And, even with the aid de- rived from this erroneous statement of the account tre Comptrciler admitted, in his report of the 13th Decem- ber, 1852, that there was a deficiency in the tax levy of 1862 of $742,157 91. If to this had been added the $75,000, sinoe paid on ageount of the tax of 1862, from the means of 1862, and the $87,042 09, which was illegally collected and used in 1862 the deficiency would have been $904,100. Ané, with the exception of the $87,942, the financial ope- rations of the city for the year 1853 have been borne down, tnd the people oppressed for this erroneous deficiency. In addition to all these embarrassments, which weigh ‘and $800 for the latter. The poliopmen, also, un- #0 heavily on the finances of the city, the State Legisia- ture, at the extra session in July last, increased the State tex from one fourth of @ mill to one mill, To answer this draft of the law tax we are required 10 pay into the State treasury the sum of $413,683 93, This new tax law adds on the amount of the assessment of 1853 the sum of $310,224 69. The tax Jaw did not arrive in the city until after the Board of Su) sors had confirmed the sasess- ment ros oa the 20th July. But for this circumstance there would have been added to the tax levy of 1853 the additional sum of $310 224 6%, only $103,480 43 having deen put into the tax levy of July. It is necessary, therefore, to make Sopranos of $413,686 93 for the ‘State Mill Tax,” under which the Finance Department can pay over to the State treasury the net proceeds of one-fourth of a mill, now in tae course of collection, and cap borrow on revenue bonds, in anticipation of the tax of 1854, the additional sum equal to the ret proceeds of three fourths of # mill. This will subject the city to the paymeat of some additional in- terest, but it is the only mode by which we can meet the demands « f the law. At the time of the confirmation of the tax rolls ia July, it was understood that the State School law had been pro. pounced unconstitutional by the State Courts, The tax for the school purpores, of $225 660 8was therefore ex- cluced from the tax levy, If itturn+ out that there was & mitapprebension in regard to the invalidity of the law, the corporation will be obliged to borrow the money on gee bonds until the required sum can be raised by x ‘The following atatement shows the amount necessary to be appropriated for the eee 1854, and the amount of i. — tax required to be levied, vi For expenditures of the city government, ex- elusive of the pay of “police,” ‘and ‘am $2,246,088 00 826,515 00 231,100 00 50,000 00 639,813 50 810.224 69 128,770 22 For three-fourths of © Sta e mil For deficiency of taxation of 1853... GOI resis Nek Hei v++ $4,521,461 41 The following statement shows tho increase avd ¢o- crease in the estimates of 1852 and 1853, on the princi pa items of expenditure for the support of the city govern- ment, Vie. — Increase. Decrease, Almehoure..... + $42,000 00 - Aqueduet repairs. + 4,000 00 = City Inepector’s Department...... — $6,775 Coroners’ fees, arsse 4,000 00 rip Cleanis g Corpt'n docks and slips, - 6,500 Cleaning strects, =_ 110,000 Errors and delinquencies , 2,000 00 - Fire Departreent 5,000 co - Interest on Revi 70,000 00 — — 68,900 211,616 00 = 26,000 00 - = 2,000 25,000 00 - Roads aud avenues 20,000 00 — Real estate expenses. . - 20,000 Stationery... . _ 6000 Street expenses and pi + 15,000 00 = Sewers, &e, ‘ — 1,600 Salaries .. + 15,000 00 = Y + 10,499 87 _ ‘ - 34.000 TOA... ccesce sees seers esse, $449,014 87 $279,676 The amount of the tax levy in July last was $5,067,- 276 69. }f to this had been added the state school tax of $226,660 80. it woul have made the totai levy of 1853 equal to $5,202,936 49, The tax levy now estimated for 1854 is $4'621,461 41. If to thin be added the State school :tax. $295,600 80, it makes a total of $4,747,122 21 being $545,814°28 lesn than the levy of 1859, on the ated. is considered that the State Mill tax has been Increased to the amount of. $310,000 The police expenses... 211,000 Salactes, besides those of the pol 87,000 ‘ly have been antici- pated, All which is respestolly submitted, A. ©, FLAGG, Comptroller, TRUST AND SPRCIAL ACCOUNTS—1854, The fellowing amounts are hereby appropriated for the psyment of claima om Trust snd Special accounts for the jfat from and ineluding January 2, 1904,) to and inelud- 1 December 31, 1854:— 996,000 00 60,000 00 3,000 00 6 600 00 Closing assessment contracts.. 50,000 00 Common Schools of the city .... 633,813 60 *Cowmon Schools of the State. ——— xtension, 5,600 00 County Clerk’s Office... .» 20,000 00 Clerk's Office, Superior Court, 6,600 00 Fencing vacant lots.. 2,000 00 10,000 00 179,811 00 850,000 00 449,925 00 6,000 00 20,000 00 400,000 00 141,726 00 810,224 69 10,000 00 760 00 5,000 00 #In consequence of d of the it raringonreauence of dispute as to the constitu jonalit QTY GovERNMENT—1854, The following amounts are hereby appropriated for the support of the city go nt for the year from and including January 1, to and including December 31, 1854, v Almshouse, $427,000 00 22 000 co 25,000 00 10,000 00 City Inspector's ‘le 76,600 00 Coroners’ fees........ 16,000 00 Cleaning corporation di 6,000 00 Ccunty contingencies, 120,000 00 Cleaning stree 140 000 00 Common Council, pay 0 ii 81,888 00 Beata ns te 8 and slips, ‘re , Election oe 18,000 00 5:00 00 55,000 00 180,000 00 3,000 00 231,100 00 15,000 00 8,090 00 150 00 35,000 00 826.515 00 75,000 00 8,000 00 716.000 00 8,500 00 25.000 00 30,000 00 60,000 00 Stationery... 20.000 00 Street expen-es and paving. 250,000 60 Sunken verrel«, removing... 2.000 00 Sewers, repairing andcleaning.. 15 000 00 Salaries ......0+ +000. PRE 260,000 00 Statistical tables, Croton Aq. Department 1,600 09 Water pipes 1231000 00 New York Ju 50,000 00 APPROPRIATIONS AND EXPENDITURES FOR 1853. TRUST AND SPECIAL accounTs—1853, Approptiations and expenditures on trust and special accounte from Jan. 1. to Nov. 18, 1843. Appropriations, Expenditures. Revenue Bonds of 1852..,..$:,625 000 00 $1,434,125 90 Revenue Bonds of 1858....., 1,600,000 00 470,650 00 Assessment Bonds of 1853... 56.275 83 Moneys refunded on tax sales. 818 39 Moneys xef, on astenam’t anled 18,561 Ot Charges on arrears of taxes, 3,642 73 Charges on arr’s of assesem’ ta 5,014 99 Fencing vacant lot........++ 103 95 Closing assessment contracts. 4,793 09 Interest «n assessments... . 29,718 66 Liens on lots.....+ ; 21,440 48 Streets op ning. é 242462 37 Streeta paving & ass’t cont’cte 838,812 79 Wells and pumps... mc 905 13 City Inspector’s lien on lots. 6,412 27 Cleaning docks and slips... — Washington xq. Iron R. Siock 5,000 00 Common Schovls for State... 129,971 91 560,036 08 382,342 82 Common Schools out of ievy. State mill tax., 148,169 18 TAR 844 70 Building Loan Stock, 2,,,,,, 50.000 00 50 000 00 Almshouse, rep’s ti puild’; 80,000 00 16,000 00 Rebuilding Eseex Market: 17,955 06 17,455 06 Extension New City Hall 29662 5L 20,659 83 r extension, 218 400 00 = -:187 263 83 76.000 00 60,000 00 40,000 00 81,720 78 2c000 00 15,265 61 10,000 00 8,570 23 ; 7,000 00 5,658 67 Totel...s.e ceeveseres ++ B6,221,022 55 $4,169,684 16 GITY_ GOVERNMENT 2653. Apzropriations and Expendilures Ca Government, frem , 1863. Jan. 1 to Nov. 13 ‘Appropriations, Expenditures. Almshous ‘$885,000 00 $350,000 00 Aqueduct + 18,000 00 13,916 53 Battery enlargem 25,000 00 13.002 00 Board of Health....... 10,000 00 9,962 23 City Inspector’ 82,275 00 «44,843 92 Coroners’ ( 14,000 00 12,000 00 Meaning co: ae ipa. ste. 12.500 00 1,404 00 County eontinges 149,00 00 92'847 58 Contingent expense: ‘mon Counell, 30,000 00 14,787 75 Cleaning strecta. 290/000 (0250000 00 Dovationt . 15,000 00 14,974 55 Hlections 80,000 00 20,574 85 Frrore and delinquencies. 31000 00 Fise Department... 80 000 00 Interest +n revenue bond: 75,000 00 Intestate estates, 8,000 00 000 00 78,822 70 15,000 00 8,000 150 00 615,000 00 10 000 00 50,000 00 46,000 00 8,600 00 60.000 00 80,000 08 60,000 00 25,000 00 Street expenses...........« 100,000 00 Removing unben vosel 12:80 99 Sewors, repairing & cleaning. . Salaries. on 235,000 60 Officers’ fees 85 008 00 KE Water ptpes 112,513 00 89,020 76 Rusy pavemen 136,000 00 115,402 89 Docks and slips, 200,000 00 102,697 29 Docks and slips repairs. 50,000 00 36,600 00 Incexing registers, Oo CI'k’s & Surrogate’s offices, 60.000 00 6,000 00 Asylum for Juver ile Delic 50,C00 00 —_— Statistical table: 1,600 00 760 00 Contract } Fire 37'531 66 — work. jRepairs & supplies 118 716 51 66,248 17 Total. . + $3,668,008 87 $2,899 469 56 ‘The Homicide at French’s Hotel. TRIAL OF CORNBLIUS COLLINS, TIMOTHY HAGAN, JAMES M’ARDLE, AND ALBBRT J. BOGART, FOR THE MURDER OF WILLIAM STAFFORD. COURT OF OYER AND TERMINER. Before Hon. Judge Edwa'ds. The prisoners, Collins, Hagan, McArdle, and Bogart, were indicted fer the murder of William Stafford, on the 14th of May last, at French’e Hotel, they being charged with having, on the evemsg of that day, entered the bar room of the hotel and assaul‘ed the deceased, inflicting wouncs from the effects of which he ¢ied. ‘The prisoners are all young men of respectable exterior, and of rather enone appearance. Mesars. Jamsa T. Brady and Jonas B Phillips, appeared for the defunce, and the District Attorney for the prosecution. The fol- lowing jurors were empanolled:-— Elisha Fargo, John Davenport, James Roses, James Patrick, Jobn A. Holmes, Harvey Springstein, Chester Lamb, William E. Lawrence, Jcneph Virher, John E. Quackenbosh, David Bailey, ‘The Wistrict Attorney, in Karan Sen case for the prosecution, raid—May it please the Court—Gentlemen of the Jury—The prisoners st the bar stand charged with Yaving on the 14th of May ast, committed an assault ppen the person of William Stafford, and inflicted wounds by which arsoult, and the injuries iuflisted, he lingered untilthe 11th of June, and then died. They are, a8 you yerceive allof them yourg men. The evidence will de- tail in this ease one of thore Lorrible outrage‘ on the part oftbe individuals inflicting these injuries, whic? are a perfect disgrace to any civilized community; and if it | sball be proved that these individuals. or apy oneof them, were pacticipants in this brutal attack upon the man they certainly dererve no sympathy at your bands, or of | any jurt and Cecaat maa. The deceased was a porter ia | a ‘bs goods ertablishment in ile lower part of the city, ard boarding at No 160 Cliff street. After his day’ vor k he went with one of his companions to take a'walk. While parsing through the Park, in the neighborhoo. of the Hall of Recorés, some person attempted to trip him, A crowi of pertons then came up, but he suo- cerced in escaping and both he and hit companion went | into French’s Hotel, it being after midaight While | there, « gang of ten or twelve young mon techni knovn ag Short Boys,” rushed into the oar tot where | he was standing, and ong ot them éxslaimed, ‘ Here's the d——4 son, of s b——h;” on secing Stafford the whole KO, dommenced eseaulting him and his compsoion; he * knocked down on the floor, and oue of the party seized @ decanter, but the barkeeper succesded in ob- | taining it from him: he then seized a tumnd er, au¢ threw it at the deceased with such foron as to break it in frag- mentn; while lying there prostrate he struck and hit him; | havirg finisbed their fendish work, one of the party said it was time to go, and left the place; Stafford was taken bh afterwards to the Honpital; ho was treated there for com pression of the brain, and died there on the | Tith of June — On the post mortem examination a fracture of the skull and the tojnries were demonstrated to have Deen the cavee of his death; the prisoners at the bar were arrested. charged with being ® pert of that gang, d_ the testimony of Mr. French, the barkeeper in the jablishment where the oocurrenos took place, identi- fied there partien as being s portion of the gang who went there at that time, and bad been there on the same evening one or more times. The lait time about 12 o'clock, when, from their violent manner, th per refused to give them anything to drink, I presume it will not nee that there is any tack, and I understand that if it can be proved that the prisoners at the bar ‘were participants in this affair, and if the evidence for | the prorecution can point them out as being engaged in it, 1 repeat that! trust there is no such defectin oar crimins] law as to prevent full jastice from being meted , out to all and one of them. It will be shown by the adminsion of the prisoners that they were there that | evening on @ previous occasion; but it will be contended | by them that at this precise time they had left the city | and bad crossed to Brooklyn. The defence wil) be, there- fore, am alibi. it will be for you te say how far it satisfies your mind that all or some of them were connected with this affair, If you should be #0 satisfied, I have not» particle of doubt that you will reader your verdict fairly, Llived at No, 100 Cliff utreet, dry store; I knew porter in Nellis & Ayres, Ex- ; I recollect the night when he was a:tacked it was Saturday aight; be boarded in the same house with me; 1 was with him from eight o’clock votil I breught him io; we were walking about the City Hall; we went into French’s and took a drink, and then went into the Park; while we were going home ‘s boy ran against me and caught me by the collar; Stafford told me ‘to come on; | then got away and went jato French's; we then called for # drink; this vas about 11 o’clook; a Jot of fellows ran in while we were waiting, and one of them said, “* There he is, the son of a b—h;” there were about a doren of them; we were both knocked down; I did not see apy of their faces; when they went out | saw Stafford all bloody; I washed hus head with vi and took him home; at that time neither of us had given them any of fence, except what occurred in the Park; after two weeks Stafford was taken to the hospital, where he died; he was &@ yourg man of about tv enty-one. examined by Mr. Brady—I knew Stafford ever since he came over from the Old Country; we took a rink at French’s, and then walked around the Park; we did not go out of the Park until thea; we did not see any one we knew in the Park; the man we met ran up against me; we had oaly one driuk that night; he put his foot before me to trip me up; there was no moon that night, and I couldn’t know the man; he wore a cap, I thik: he appeared quite delicate he wore clothes ; when i seked bim what he meant hecaught hold of my neck; I had been in French ’s about five minutes before the party came in; I didn’t nee the man that tried to trip me up; Theard the narre ‘Davie’ mentioned; I could not say if they were well dressed or not; 1 was knocked down at the end of the counter; I beard no conversation between Stafford and the men componing the party. Jaccb G. French sworn—In the month of May last was barkeeper at French’s Hotel; I remember this occurrence, the second time they came in was about 1 o'clock; the hotel was kept open until 2 o’cleck; Stafford and Doyle arked for a driok, and stepped up to wait upon them, and befere I could co its party of ten or twe ve rushed in; one of them said, “Where is the son of a b—h?”’ they rushed up to Stafford, and fell upon him; both of them were knocked down; { thick they had their backs to the party at the time; one of the party seized a decanter, and it away; aoother 100k # tumbler and .hrew it at Stafford; I did not eve where it struck, but saw the wound it made; the party seamed to be frightened, and said it Was time to leave; Stafford was insensible when I saw hia ; this party ‘were all young men: they had been in bout 11 o'clock before; they gota deiak at the time; they seemed noisy and ‘quarrelsome ; I refused to gre it to them; they finally left in two or three minutes; going out they brcke several things in tae bar; I recog nize these four (pointing to the pritouers) as part of that party; they were in the party that attacked S-aftord; the one who threw the tumbler [ have not sean since; he wax short, thin-faced, and had # light eap on; I had seen t¥o of the party before, and reclicct them, Mearile and Ho gaa, on that evening I recognized them as being in the party. Cross examined.—I was examined by the Coroner, and before Justice Osborn; I dd not know the names of any of this party, and had not seen wither Doyle or the deceased before that evening; when they came in the second time, they seemed to bave been drinking; Stafford had & straw hat on; none of the party were drank at the time they came in; I noticed Bogart because he paid for the liquor; he had on black clothes and s cap; I don’t know that he said anything; I noticed that Hogan had dark clothes on, and was dirty and drunk; he had » hat on: one of them was tall, about six feet high; he had dark clothes on, and had lost a front tooth; he seemed to be 22 or 28; the man who took hold of the decanter had acapcn; the second time they came in they had all been drizking; one of them seemed to be drunker than the rent, and was helped out; at the coroner’s inquest I taid one of then eried out, “You son of a b—b,” and that he was, to the best of my knowledge, Bogart; Loan’t fay as to that now; [had seen McArcle and Bogart pass- ing the hotel before and afterwards recollected it. Scns Weel secehcl ses weployed ab ‘Tappan’s, Mer. cantile Agency; I was at French’s Hotel on the night of this occurrence; I was standing in the back part of the barrcom; it was some time past twelve o'clock; I saw two men come in, who remained a short time, when ten or more men entered: the two men were knocked down; they had given no offence to the party thatentered: Iam not positive that any of that party are in court; I saw no thing particular about their dress; the deceass appeared to be the most ished, and I went to his assistance; some one then cried to we—' Stand clear;” I saw a man then strike him with a tumbler. John E. Wingrow sworn—I am occupied in the store corner of Cedar and Nassau streets; I wad at Freach’s Hotel on the night of this occurrence; I saw the 1wo men come in, and a crowd followed them soon after; the party were all young men; one among them had a light coat; ren not know any of them, and could not recognize em Here the evidence for the prosecution closed. George W. Moore examiaed for the defence—I reside at 9b Varick street; Tam a cooper: on the Lath of May last I worked for Ter! une & Martin; I know the prisoners: I was in their company on the night of the 14:h of May last; it was Alvert’s birth day and his father had releaggd him from apprenticeship; ho was a cooper also; I fad been invited previously by Bogart; I was invited about the middle of the week before that time, to go down to the saloon ‘Live and Let Live,” we started out at nine o'clock, and went to French’s Hotel; a(ter we went in we took a drink. then walked down to Downing’s saloon, in Wall street; we then went to Broad steet, and took » drink; we then went to French’s Hotel between 11 and’12; we then went toa fire in Brooklyn; McArdle went home with me, Croxs-exemi ced by the Diatrict Attorney—We had oys- ters at the “Live and Let Live’? saloon: some wer: fried and some stewed; we gut to French’s, after going around, about eleven or half p.st I con't recollect tha‘ ths bar k+ eper ordered us to go cut: Hogan was druaa whea we got to French’s; we got home from the fire in Brooklyn about three o'clock in the morning; Bogart v ore a mous tache that night, anc McArdle wore a #licht one To Mr. Brady.—None of our party had any fight or dis turbance with any human being whatever, that night; the last time we were at French's that night, no blow was struck, and no difficulty occurred; none of our party be- fee ged to any body of rowdies or any association of ehort- v8. Hugh Hines eworn —I am a cooper by trade; in May last I worked for Strong & Co.; I know the prisoners at the bar: Lwasin their company on the 25th of May last; asked us to go and take s supper as he was out of his apyrenticesbip; that was about o'clock; we sst down ard bad oysters. ano milk punches at the ‘Live and Let Live” salcon; I remained for abcut fifteen minutes; after that we went to French’s Hotel, and got there at half past nine. we had drinks there we went there again at twenty- five minutes to twelve; there were only six in our party; is hter in 1g of anot ‘any weapon, by means neither nor unnatural, in the heat of passion. That nition of manslaughter in fourth degree. manly © ranesh, petiomen, that iv a case of this im- should be assured that the are reins El committed the asaaul edit yen” en you ive a reasonable doubt upon that subjec them the benefit of it. The jury then gave a verdist of ‘Not Guilty,” without leaving their seat eae Coast thee adjourned until this morning at ‘en o Suj cial Term. by he 10 his executors, ip fee in trust to sell it and proceeds as personal estat: he gave ‘o his wife $2,000, io jeu of dower, After his death his widow and ehildren lived together as one family, and as having no adverse inter- este—the acting executor recei the income aad paying bured for their common benefit said he Ss parte ams that she most got bee A or her ion of the ren’ s—meaning by Pop one-thied as dower. This was a suttelent’ demsand that her dower should be given to ber, $2 (00 were not out of the rents—the lion of it; but 1 to receive her sup) saying in reply to er, «© do you want?” Neit can be considered as having intended widow's claim, nor «he to abandon it; but intended that she should lose no claim, but suspend the enforcement of it while it suited all to live as one family. She being thus led to defer the enforeemert of her by the acts of the executor, whe helt Che egal aptate, | ext cutor and a}l others claiming under the will, be estopped from denying the widow’s right, when she ehose to enforce that claim The questions ware alxo dixe whether the widow could be affected by the 14th and sections of the title of the Revised Statutes as to dower, her title to dower having bren perfeat before the Revised Statutes took effect. mn 14 is in substamce, that provisivn ip lieu of it, she shail be ceemed to have elected to take the ovision, ‘unless within one year after the death of her usband”’ she shall exter on the lands, or commence ceedings for the recovery or assigninent of dower. tion 18 is, that a ‘widow shall demand her dower within twenty years after the death of her husband. Both rovisions were new, there br ing no statute Umiting the time for a widow to claim her dower be‘ore the Statute. It was admitted that the statute would not ap- ply as to any portion of the time thet had elapsed betweem the death of her husrand and the passing of the act im 1820 (8 Wend. 6¢1; Sayre vs. Wisner; 12th ed 187 Ward vs. Van Slyke,) but it was coaten ed that it would apply when full twenty years have run, since the Revised Statutes took effect, although the husband had died be- fore and the rights to dower existed before. It was held in Waddell vs, Elmencorf, 12 Barb 3-0, R, that lawe were not to be held to pean peen soas to impair righte reviously vested, and that the #pirit of our recent - tion was to extend the same rule to rtatutes of limita- tiona, and not to apply them to previous y existing righ although it might be constitutional .o make a statute limitations which would require actions for their aes ing rights to be brought within a limited time thereof. Then the part of the Revised Statutes limiting the ¢vi- dence to repel the presump ion of te pay ment of s jud, ment was held not to apply to judgement obtained be- fore the Revised Statuie. So the 2d Revised Statute, 298, sec.6, ix, that no action for the recovery of lands or thd postession of them shall be mainta ned. unless tae, plaim Tift was seized or possessed of the premixes within twenty ears before the commencement of the action. But pp 00 ses, 45, in another article of the same title, is that the provisions of the preceding articles of that title shall not spply ‘to ary case when the rights of action shall have accrued, or the right of entry shall exiat, before th¢ when this chapter tates effectas a law; but the sams shall remain eubject to the laws now in force. If thia 5:b section would have limited the right to demard dower, and it is broadenough to have that effeet if it stood alone, the 45th section would clearly permit that eff ot, and leave the right to demi cover in “the laws them in foree.’’ The title of Revised Statutes above quoted ss to dcwer, is the 8d title of chapter 1 of part 2 of these statues, and rection 11 of title 5 of the same chapter in like manner declares that ‘none of the provisions of that chapter (except those converting formal trusts into legal estates) shall be con- strued as altering or impairing any vested estate; interest, cr right.” The widow in this case had a vested right to her dover, vith a right to bring her accion at any time during her life The object of this Lth section was to gave ull yesied rights except mere formal ones, and the term impair murt be under-tood ia a sense which will ef- fectuate this cbject, and 0 as to con’erm te the spirit of the restriction on the naw statu’s of limitations, se con- tained in rection 45, above quoted The language used) in the seetiors of the title as to dower. shows that they axe strictly prospective ouly. Section 11 is that “any pe- cunisry provision that shall be made for the beneft of an, intended wife ono in liewof dower” +hall, if assented to- by such intenced wife, be » bar to any right ee claim of dower, Section 1214 that if “lands shall be given or sa- sumed for the jointure of a wife or a pecunisry provision ve made for her in lieu of dower” she shall make hee election. Then too by the use of the fature tense in ua- equivocal language show that they apply only where the rovision “hall be made” upou the Kevised Statates. Reetion 18, when taken in consection with the two preveds ing secticns, is aleo pininly intended to be the future, al- though the appropriate words of this tense are not se often ured init, It is that “if lends be devised to u wo- mar, or & pecuniary or other provision be made for her by Will in lien of her dower, she ehsl) make her olcction ’? “Tf lands be devised,” is an abbreviated exprestion, fox: “Gf lands sball be devised,” eap:cially #0 when used in connection with similar forms or in the fatare tense, and still mora fo, when, as in the 14th section the time of the election is required to be “within one yosrafter tho death of the busbend.”” Theact meant to give one year after the death of the husband, and after that event only to make the election. It could secure this right then ook, when the hueband should die after the law took effect and it could not therefore be intended to ‘to cases a8 wherein a year after nis death bad If it had intended to apply to these cases also, have added “or sithin one year after the passage of thio act’? So the 18th rection is that a widow sha!ldemana her dower vithin tweuty years after the ceath of her hus- band, It should have been “or within twenty years after this act shall take effect,” or in equivalent langaage if it i Hogan was a little intoxicated and was led to the door; as he came out his foot «lipped, and he fell against the fereen policemen came up tock bim UB; then went dewn Reove stree’ to Geo att? we then went down Cherry street and crossed the river to Brocklyn to a fire; I got separated them after tw ity minutes; it was near one o'clock; I saw them again four days afterwards; during this time I saw no disturbance; none of our party were shortboys that I Know of; none of our party had light clothes. Francis Short sworn—I reside in Roosevelt street; Isaw risoners on the night when this occurrence took piace; Isaw them at George Butts’, 84 Rossevelt street, corner of Batavia; it was between 12 and half-past 12; they stayed there about ten minutes; there was an alarm of fre afterwarce ia Brooklyn; the patty wore all sober except Hogan; they cid not look like shortboys; they were Teepectably dressed. Crora-examined—I don’t know how shortboys dress. Andrew Carpenter sworn—I reside in Chariton street; I recollect seeing the prisoners at Butis’ place on the night in quertion; it was after twelve; they remained there for ten or fifteen minutes; it was half-past 12 when they left. Cross examined—I ‘was exammed before the police two or three days after I received my subpoena ; I guessed st the time they (the party,) came there, and I have only an indistinct imprension. Israel Belsor sworn—I am the Chief Engineer of the Brooklyn Fhe Department; there was s Gre thereon the i oke out about clock, burned Sbect two hours, ene i Crossexamiaed—It was not after one that the fire broke ont; I lived half mile from the fire; this fire was three blocks fiom Catherine street ferry, and about three ‘alentine Bennet sworn—I live at 1034 Front atreet; in May last I lived in Brooklyn; I reeollect the fire spoken of by Mr. Belsor, and was at it; 1 saw Bogart, Moard foore, Collins and McArthur the I saw them there balf-past one; Mr. Moere told me that one of them had gone Lome; they left Brooklyn a few minutes before two Oelvek. Cross-examined— My place of residence was a mile and a balf from the corner of Piymouth and Pearl streeta I overtook my engine before it got to the fire; the party left before the fire was out; they left me before I weat home; they stayed with me about twenty winutes. Charles E. Strong sworn—I am a one of the firm of cf Strong & Bogart; my portner is the father of ons of the prigone s;1 know sll the prisoners; I have known Collins and Bogart from their youth, and McArdle and Hogan for reveral years; they have always been peaceable boys; their associates were not loafers and short boys; they have allrerved their apprenticeship but Fines; on the 14th of May Bogart’s time was up; it was also’ his birthday. David B. Young sworn--I reside in Lexington avenue and am a cooper; I know the cefendants in this ease, aud their characters have been good as far as I kno’ Several witnesses followed, all testifying to the general good character of the prisoners Mr. Phillips said he di¢ not think it necesssry to sum up for the defence. He would leave the case with the jury. The District attorney acquiesced The Judge then delivered b's ¢harge, He said:—This case, gentlemen, involves no o ber question than that of identity; and it is really a question of fact. You have heare the testimony upon both sides, Tha District Attor. ney does not think it proper to make any remarks, and the counsel for the defence have not deemed it necessary on their part to do#o, The testimony is therefore per fectly fresh in yc ur recollections, and it 1s for you to de cite whother Mr French hes sufficiently identified the artes 1p this csse as being the prisoners at the bar; and had been intended to apply to the existing rights, It adopts no period for computation, except the death of the burband, end the court can advpt no over; end they must do one of three things, eituer mabe’ that the sole test and exclude all whe then had a cause of action, even if the twenty years would run against them the day afiez the passage of the Inw or hold the statute to apply sa rights should afterwards soc or only to those wi *¢ 82 aw words to the statate. This without authority suppiy CSW POLE TS to the time section 18, in ite trict la gua, ~ °Y,SP) bring within which » widow shall demana s. "we & 293, Hmite her action for it; then the section 6 of 2... ~ am above . the time for bringing the action andthe section "we in. quoted, as before stated, is explicit, that the ny + bring the action when the right of action existed before 1830, was left to depend on the Jawa then in force only. See also & Barb. 8. C. R. 805 £09; Celution vs, Calkins, a8 to bills in equity, and 3 Paiae’s oh. R. 416-7. On ald these grounds the widow is entitled to dower. Marine Court. Before Judge Philips. Nov. 29.—Henry D. Basset and Ann Richard C. Howe —This was a motion to order for the arrest of the defendant, on the ground the Court had no jurisdiction in the matter. The ordered a reargument of the matter before the Genera} m. Salmon W. Allis vs. John B. Overton —This was ap action to recover the amoant of « prom: note made by defendant. payable to hinown onder, for $200. It s posse that the note was given to 0. B. Goy, Sescanedy ite a lawyer of this city, and that the plaintiff adni that the nete had been given him by Woy to get discount- ed in the New Haven Bank. This he did n0; do, but said an Goy owed him $150, he would keep the note as colla- teral security for the payment of his debt. The defsnd- ant objects that the plaintiff is not the legal owner of the note, at leaxt ro far as to authorise him to collect the sum from defendant, Judgment for defendant, with $19 conta. John Larkines Thomas Larlin.—This was an action to recover $500 for work, labor ané services ed by } laintif for defendant, asa carpenter, during the years 1860, '61, "62, rnd '63, on various buildin, parties to the ectin are brothers, and considerable acrimony was evinced on the trial ' The plaintiff insisted that thore was a Inrge balance due him for services, and that the defendant had repeatedly acknowledged it. The de- fendant called several witnesses, by whom it was shown that the plaintiff, as late as March last admitted that he d the defendant bad retil-d, and that defendant had idhim in full. Ju: gent for defeadant, with $10 conts, Samuel Hurilut and others vs Parsons’ & Goldamith.— This was an action to recover $400. the value of certaim gooes and merchandise rold vy plaintiffs to defendants, ‘The plaintiffs called a salesman in their employ, by whom the bale to defendants was proven, On cress-examiaation i appeared trat the ploiotiffs bad assignee their claim to the witness, that the witpees had commenced an actien therecn against the deferdants for the same cause, and that the same hed been dism sved; but that the assign- ment of the claim to tha witness was still in existence, The plaintiffs offered to show tha’ there was mo oonrider- ation paid at the time of the execution of the assignment, but vhat it was made to the witness merely for the pure pose of convenience. Thi+ the Court refused to allow, but. decided that the claim must bo reasaik ned to plaintifis. before the title could be so restor:d to them as toau- thorize them to bring the action. Complaint dismissed, with $10 costs, Alfred Mecks, assignee of William JT, Mocks va. Léssack H. Simpson.—This was an action brought to | ecover one per cent commirsion on $16,(00 for the sale of ® house ifgs f he bas, whether he has toli the truth. If you think that his testimony amc unts to identification, and believe that the witnesses who have been examina’ on the psrt of the defence have not told the truth—because you must come to that conclusion if you believe that they havo swirn faleely—that French hea stated the truth, and fully iden'ified them, then your duty will be to convict them. But what should that sonviction be? Id) not think it mecersary, gentlemen, to read the statute in referense to murder, for it is clearly not ® case of murder. Nor is it @ case of manslaughter in the firet degree, Manslaughter in the first degree is Cofined to be the killing of a person while the party ki'lad is engaged ia the perpetration of a crime not amounting 60 not nee any evidence to p-ove that these ngage in any crime or miadomsanor dia- linet from this offenos. It was 8 most outrageous and at- trocious amault, appareotly entively unprovoked ; but atill there is no evidence to show that there was any rais- demeanor committed by any of t.ese parties, distinct from the offence—there is no proof of anything of that kind, The other section of the xtatute is the killing of suy Puman being without a design t> effect death, im the heat of passion, in « cruel unusual manner—but there is no srnel and unusnal manner here, Tne killing of another on accidental weapon, such as a ta ubler, is not what ls meant by the hilling of another ‘n an unnsual and lot, No. 99 Prince «treet, New York, belonging to de~ fendant. It appeared that an agreswent of sale of that property was made betwern defendant Mig Raom: ton, on'which she psid $200; but when the audséqui eee became due ake failed in their perfarmanes, and forfeited her frst ins’ ala The plaintiff’ claima that the arsignee cf the clsim was the agent between the par- ties, and that the Cefendant promised to pay him @ com- misricn of one per cent on the value of the pro; wale should* te effective. There are several tions involved in this action; but the defence the ansignee waa the agent ani ‘attorney of Miss Thomgeoe, the purchaser. Upon this subject the testimony is so. conflicting that it is rot necessary to examine the questions. Itis not dikputed that the deed of the pro- perty was drawn by the assignee at the request of the de- fenéant. Jadgment for plaintiff for $46 Samuel F Whiting vs Welliam Dibble and White —This was an action to recover the value of two checks for $300. Itappesred that the cheoks were ac- commodation checks dated in advance—that they were sold to plaintiff for value. That he made ® demand at the bank for payment thereof, which was refased for want cf fanda. 6 defence was that there had been no bed S non-payment to the maker The Court decided that ra {ot the plalatift Yor $900, and $id Goxta, ST NEM