The New York Herald Newspaper, February 3, 1854, Page 7

“Will of the Late Judah Touro, of Now Or- leans. [From the New Orieans Datta Jan 24) We publish to-day the will of our late esteemed fellow citizen, Judah Touro. It coutuias some of the most noble dispositions that have ever cnarac- terized the teataments of our rich men. Is te, in- deed, such a will a8 # good osu should miko— whereim the claims of persopal-attscnment and charity oe eo y. Havirg no relations that were destitute, Mr. Touro has divided his iarge estate between those who were kind to him in life— between vumerous congregations of the aacient faith to which he was attached,and such charitadle and humane institutions as he deewed of public util ity. His bequest of $80 000 for an almshouse is a specially jadiciqus one, and shows that a stron: good sense, as well as an enlarged philanthropy, di- rected his liberality. There is no puolic institution which is s0 greatly needed in this city. At this very moment there are at least two hun- t dred persons in our Charity Hospital who oaght to ) be inmnates of an almshoure, where they mig'it have different treatment, food and ex:ployment from those of the hospital patients. We trust that additions will be made to the rum bequeathed by Mr. Touro, 0 as to increase it to an amount sufficient to estab an almshouse in this city, worthy to stand by the side of our jificent hospital. There is one fe of ae. one's wall hick ie ‘Worthy of special note, It is the splen play o' atitade contained im the bequest to Mr, R. D. hepherd, which was prompted by the kindness of the latter to him, on the ocrasion of Mr. Touro’s wounded on the firstof January, 1315. Mr. Shey raised Mr. Touro from the ground upon pacar fc fell, des peratel; Aap bari he to the city, and atten: im cons! is his illness. That act, reudered to a man of smal] means—' -nine years ago—is now requited by a legacy of at least half a million of dol- Jars. So true, indeed, is it that bread cast upon the ‘waters retarneth after many days. WILL OF ap 1OURO. Dwited Stater of America, ef Louisiana, Otty of New Bo it known that on this sixth day of January, in the of our Lord eighteen hundred aod fifty-four, and of de: of the Unie: States of America the sigty-eighth, at » quarter before ten o'clock A. M.— Before me, Thomas Layton, a notary puolic, in and for the city of New Orleans a oreaaid, culy ¢mcissioned and sworn, and in presence of Messrs, Jonstnan Moatgomery, Henry Shepherd, Jr., snd George Wasbington Lee, com prtent witnesses, residing in said oity, ani hereto ex- Pressly required:— Personally spprared Mr. Judah Touro, of this city merobant, whom I, the said notary. and ssid witnes: found sitting in a room at hiaxesidence, No. 124 Oa street, sick of body, but sound in mind, memory and judgment, as did appear te me, the ssid ootary, and to Said witnerces. And the raid Mr Judah Touro requestei me, the notary, to receive his lest will and testament, which ke dictated to me, notary, as follows, to wit, and in presence of said witns . I declare that I ha 2. I desire that oy m: Jewish Cemetery, in Newport, Rho. practicable after my decease. 8. I nomirate and appoint my ‘friends Resin Divis Shepterd of Vi Joseph» of Sew Orleans; Gersbom Kurshevit, of Jeans, and Pierre Andre Destrac Cozanave of Jeans, my testamentary exsoutor:, ton de! ay estate, making, however, the following distiaction Detween my raid executorr, to the said Aaron Keppell Jorephs, Gershow Kurshed< and Pierre ‘trac Oszenave, I give anc bequeath to each one sepa Tately the sum of ten theusso1 dulisra, which legacies ( intend respectively, not only as tokens of remembrance of those eateemed friends, but slxo as in condderetion of all services tuey may have bitberto rendered me andin Meu of the commissions to which they would have deen ¢ Jed heresfter in the capaci:y of testamentary exeou- we assforesaid. Amdas regeris my otner desigoated executor, say my Gear, old, cevo'ed friend, Rezia Davis Shepherd, to wnom, under Divice Provicence, [ was great Ay indebiee for the preservation of ms Ife, when f wax wourlded on the lstof Janusry, 8:6 I hereby appoint and institute him, the said Rer'o Davis Suopherd, after ‘the payment of my particular legacies and the debts of my succession, the uriversa) legates of the rest and resi- duce of my estate, movable and immovable In case of the ceath, absence, «r inability to acfof one or more cf my said ou'ors, 1 heresy empower the remaining executor or executors to act in carrying out ‘the provisions of this my last will ard ia the event of the th or defauit of suy one or mors of my sali exesators fore my own dmise, ‘tOation that the heirs o¢ Inga! rep who may decart this life before own death, shall inherit in their stead the legacies hereia above reapeot- ively wade to them. 4: I desire that all leases of my property, and which ay, ‘be im force at the time of my demise, shall be faita- fally exeout-d until the time shsil have expired. 6. I desire that all the estate, real personal and mixed, of which I may die povaesied, abst! by disposed of in the Manrer directed by this my iast will or te-tament. 6.1 give nd bequeath to the Hebrew Congregation, “The Disperced of Jocah,” of the city of New Orleans, @)l that certain property situated ia Bourbcn street, 10 ‘mediately Jelntng their sypajogue, being the present sehoolhouse, the residence of ths sail Mr Gershom Kurebeedt, the same purchs sed by me from the Bank of ; and also to the said Hebrew Cong:egation the two adjoining brick houses, purchased from the hetrs of David Urquhert—the revenue of said property to be ap B -plied to tne founding amd support of the Hebrew school Oonpected with xaid omg ogee, ‘an well as the defra; of the ralary of the Rester or Minister; raid proper- ‘to be conveyed accordingly by my said executors to maid tion, with all necessary restrictions. 7. I give and bequeath, to found the Hebrew Hospital -of Now Orleans, the entire, ory purchased for me at the succession tale of the Jate C. fanlcing, upon which ty the building mow known a» the Touro Int [Pslventede tun taldrooabiaepinvess hospital to be organ ised according to’ lawasa itable institution, for the relief of the invigent sick, by mv executors and such ether persons as they may associate with them, conform ly with the laws of Louisian 8. I give and bequeath to the Hsbrew Bansvolent Asso- ciation of Ne leans five thoasand dollars 9. I give bequeath to the Hebrew Congregation “Shapgaria Chased’’ of New Ocleans five thousand dol- ‘Gers. 10. I give and bequeath to the Ladies’ Benevolent Bosiety of New Orleans the sum of five thousand dollars. IL. Igire and bequeath to the Hebrew Foreign Mission ‘Society of New Orleans fire thousaod dollars. 12. I give and bequeath to the Orphans’ Home Asylam of New Orleacs the eum of five thousand dollars 18. I give and bequeath te the Society for the Relief of Destitute Orphan Boys in the Fourth District five thou- sand dol ars. 14 Igiveand bequeath tothe S!. Armas Asylam, for ‘the relief «f destitute females and children, the sum of five thousand doll; 16: Igive and bequeath to the New Orleans Female Or- han Asylum, at the corner of Camp and Pry tania stree‘s, Bre thousand della: ra. 16. I give and br queath to the St Mary’s Catholic Boys’ Asylum, of which my old ani esteemed friend, Mr. Antho- ey Resch. is Cbairman of its Executive Committee, the sum of five thousand dollars, 7 11. I giveand bequeath to the Milne Asylam of New Orleans Kve thonssnd dollars. 18. I give acd bequeath to the ‘Firemen’s Charitable » Association’’ of New Orleans five thousand dollars. 19 I give and bequeath to the *Seamen’s Home,” in First Distrist of New Orleans, five thousaad dollars. 20 I give and bequeath for the pa-pose of establishing an-\‘Almeboure” in the city New Orieaua. and with the view of contribu as far as porsibie, to the prevention of mendieity in ssid city, the sum of eighty thousand dol- (tey" $80,000,) and I desire that ths ‘Almshoure”? thus contemplates shall ve organized according to law; and further, it ia my desire that after my executors aball Dave legaiiy organized and established aid contemplated |Almshoure and appointed proper pers nn to administer acd contro! the direction of ite affairs. then such persons Jegally 20 sppointed, and their saccsssors in office, con- ointly with the Mayor of the eity of New Orleacs, and his pe in office, shall have the perpetual direction and thereof. 21. I give and bequeath to the city of N in the State of Rhode Island, the sum of tea thou: Mars, on jo pdition that the said sum be expended in the parchase A it of the property in sald city wo an Stone Mill,” to be kept as a public park or 22, I give Newport foreed hers. be buried in the Inland, as soon as trust: ij and bequeath to the ‘Redwood Lib: 4g aforesaid, tor books and repairs, three thoa tion Massachuse'te. five jive and bequeath to the Hebrew tion of th Cae, ats thousand dollars we give and bequeath to the Hebrew Congregation of ven, Conn. five thoussod doliars, ie and bequeath to the North American Relie Boci for the indigent Jews of Jerusalem Palestine, o ity and State of New York, (Sir Moses Montefiore, o ondoh, their agent,) ten ta.usaod dollars, It ea:nest wish to oo operate with the (Sir Moses teflore, of London, Great Brita.a, in voring to ameliorate the concition of cur unforta- Jowieh brethrem in the Moly Land, and to secure to from the inestimate privilege of worship-tag theAlmighty ling to ithcut molestatioa, I there- ve bequeath the sum of ffty thousand dol be paid by my executors for said object, through said Sir Moses Montefiore, in such manner as he may dvise, a8 calculated © promote the aforesaid ob: jectay anc ia case of any legal or other difficulty or pediment in the way of car ying said bequest in‘o effect, ording to way intentions, thea audin that case, I de- that tb sum of Gfty thouraud dollars be ia- d by my exeou ‘ora in the fouodation of a soclaty ia he city of New Orléans, similar in it 1a to the Relief Society for t leatice, of tae city of Ne have before referred in this my iatt wil 28, Itis my wish apd desire thet the institutions te hich I beve already aliuced io makicg this will, as well those to which ia the furiher course of making this refer, shall sot ne disqua lied fron: inheritiog to them; respectively made for ressou of mot g incorporated, and thereby qualified tofaherit by but on contrary, I desire that the parties {ater- a institations and my exeoutors shall fecili- te organization as soon after my dscsase as porsi , ond thus render them duly qualified by law to innerit Seen eee SF tees 5 99. I give an nen 9 Jews’ Hospital la the city and State of New York twoaty Thoussad dol- ive and bequesth to the Herew Boney: 8 Sissscnar "Natean,” of New York, are thane Le ead to the Hebrew Benevolent So- |," of Now York, Ave thoasand e 8. Ei leshuram,’’ of the orthree thourand dollars Hebrew friendship are duly remembered, as wall as those of | “gre {am Phan iio! of New York, three thousand doi 86. I give and bequeath te the. Ladies’ Bevevoleat so Gisty of the city of New York, the «sme of which Mre, Richey Levy was a cireo'rese at the tlie of ber tasth gad of which Mre.J B Korsheeds was Grat) direotrsaa in 1260, thrre thousand doilers, 86. I give and neath to the Female Hebrew Seaevo- lent Scoltty of PuiladsIpbia, (Miss Gratz, Seoretary,) ed collars. hequeathto the Hebrew E*nostion 8» slphia, Peensy lvania, treaty taousand dol- 38. I give to the United Hebrew Benevolent Society of Phiiadelphi reaaid, three thonsead deltar) 39. [give aod bequeath to the Hebrew Jougregati “Arhabat Jarse),”? of Fell’s Point, Baltimore, three thousand dollars, 40. I give an} bequeath to the Heb: ig gation ‘Beth Shalome,” of Richmond, Vi-ginia, dvs thousand doliers 41. Igive and bequeath to the Hsbrex Congr gs’ “sgheareth Israei,” of Charlestop, Souih Usrolina, thesaa of five thousend dollars 42. I gi d bequeath to the Hebrew Congregation “‘Shangaria Shamoyen,”’ of Mobile, Alabama, two thou- sand dollars. 48, Igive and bequeath to the Hebrew Congregation yiikoe Jerael,” of Savanaah, Georgia, five thousand 8. 44. I give and bequeath tothe Hebrew Congregation of Montgomery, Alabama, two thousand dollars. 46.1 Pe aud bequeath to the Hsbrew Congregation of ® 37. 1g eisty of Phila: lars ‘Mc mphis, Tennessee, two thousand d 46. Ipiveand neath to the Hel Congregation “ane Israel,” of Louisville, Kentucty, three thousand jollars. si. 1 prp ant bequeath to the Hebrew Congregation ‘ Briat Lorael,”’ of Lincinnati, Ohio, three thousand dol 48, I give and bequeath tothe Hebrew School, “ Tal- mud Yelladia,”” of Olnelanatl, Ohio, five thousand dol- 49. I give and bequeath to the Jews’ Hospital, of Cin- cipnati, Ohio, five tacusand dolla: 60. I give and bequeath to the Hsbrew Congregation ‘Tifereth Iarael,” of Oleveland, Ohio, thres thousand ‘ollare. b1. I ging ond Seaueet to the Hebrew Coogrega:ion “Briai El,” of St. Louis, Missouri, three thousend dul- dare. ba. i give, acd bequeath to the Hebrew Oongrega'icn “Both El,” of Buffaio, New York, three thousani dollars. £3 Igive and bequeath to the Hebrew Congregation * Beth El,”’ of Albany, New York, three thougaud collers, $4. I give and brqueath to the three following imatitu named in the will of my greatly beloved brotaer, Abraham Touro, ¢Orshe pote oo loving. rey -—To the Anylum o! a Boys in Boston, 4 five thousand dollase, '—To the Female Orphan Asylum of Boston afore- said, five thousand dollars. Third—And to the Massachusetts Female Hospital tem thoueand dojJare. 65. I give and neath ten th umsnd dollars for the purpose of pay! salary of a Reacer or Misister to officiate in the synagogue of Newport. Rhode Islend, and to endow the ministry of the sane, well as to keep in repair bellish the Jewish cemetery ia Newport aforesaid; the said amount to b+ appropriated and paid, or invested for that purpo-e, in suct manos: as my executors way determine, consur-ea'ly with ‘hs vor- poration of Newport aforessid, if neceswary Aud it it my wish and ceeire that David Gould sod Nathea A Gould, sons of my esteemed friend toe ats [esas (ould, Feq., of Newport aforesai?, should continue to oversee | the improvements lo said cemetery an’ direct the same; and asa testimony of my regerd, aud in consideration of services rendered by their raid father, I vis aud bequeath, the sum of two thousand dollara to be equelly divided be- tween them, the raid David and ssid Natheo d Goald. 66, I give and bequeath five thousend doilars to Miss Catherine Bays, now of Rishmocd, Va., av an expression of the bind remembrance im which that esveeaied friend in hela by me. 67. I give ard bequeath to Mises Catheri: Harriet ard Julia Myers, the three davghters of Mr Moves M jars, of Richmond, therum of seven thousani dol- to be eavally divided beiween them. I give and bequeath the sum of th neand dol- lars to rviviog children of the late Samuel Myers, of Richmond, Ve., to be equally civided between then, in token ef my remembrance. 59. I give and bequeath te my friead Mr. Sapply Clapp Twing, of Boston, Mass, the eum ot tive thoussn) dollara, asa token of my esteem and kind remembr ince. 60, Igi Isra to my respected friend the Rev. Ivano Lecaer, of Philadelphia, as 8 token of my regard. 61. I give gna bequ: ath the eam of three thusaad dol lars to wy fonts the Rev. M ner. N. Nathau, pow of London, and his wi’e, to be equally divided betwren them. €2 Igive anc bequeath the eu of thres thonand co!- Jara to my friend the Rey Theotore Clapp, of New Or- leans, in : Rha of my remem »rance. 63 To Mistress Elieo Broeks, wife of Gorbam Brooka, Erquire of Boston, Massachusetts, ani daughter of my friend and executor, Resin Javie Shepherd, [give the sam of five thousand collars, ihe same to be employed by my executors im the purchase of a suitable memorial to her aan cercest of my very kind regard. 64. I give and bequeath the sum of twenty five hundred dollars, ‘to be employed by my exeoutera in the purchase of table orial of my esteem, to be presented to Mce. M. D, JcM@Pna, wite of my friend’ Asron K Josephs, |.» of thia city. Ra ¢ give and bequeath the sum of tenty.five hundred dollars, to be employed by my executor: in the purshave of a suitable memorial of my eteem fer Mistress Kabeces Kuraheedt, wife of ar. Bepjamia F. Floranee, of New Orient 66. I revoke ali other wills or testaments which I may reviously to these presente, that this testament or Jast will was dictat- 0 to me, the notary, by the said testator, in presence of the witzesces herein above named and uni ersigned, and { have writien the same such as it wandistated to me by the testator, ir my own propsr hand, in presence of said sitnesses; and having read this testament in « loud and audible veice to the sald testator, in of anid wit- nesies, &c , he the raid testator declared in the aame pres- ence, ‘that he well, understocd the same ani persisted e ‘All of which was done at one time, without interraption er turming aside to other acts. ‘hus done and passed at the raid ba hd New Orleans, at the paid residence of the said Mr. Jadah Touro, the day, mecnth, and year first before written, in the presence of Messrs. Jonath»n Montgomery, Henry Shepherd, Jr, and George Wasbington Lee, all tires Delog the witnesses »+fo:ecaid, who, with the said testator, and me the said mis ay5 hol Co their Logan igned,) J. Touro, Moatgomery, Henry Shepherd, ae Goorge W. Lee, Thomas Laytoa, Notary Pablic” The Comptroller's Report on Salaries. By the report of the Comptroller relative to salaries, &o., we find that the ralaries, during the year 1858, to city aad county efficars, ineluctog potice was $174,364, and the amount paid for extra services during the same period, $7,469, The following is toe recapitulation: — SALARING INORBASKD. Third Assistant Clerk of Common Council, from $600 to $700 Mecreng: rd 600 to 750 Deputy Clerk Board «f Atsistante, ed 600 Sergeant at-arms Board of Astistants fi 600 te 700 Mayor’s Messenger 760 to 1,000 *Tax Reoeiver from. 2,000 to 8 000 ante of 1,600 to 2,600 “First 1,200 to 2,000 *Second Cler! 700 to 1,200 700 to 1,200 700 to 1,200 600 to §=—700 600 to §=—800 578 to §=—730 600 to 730 Ltos 50 pe dey. tol er day. 1 & 730 + 5COto 780 « 818to 780 “Washi 2 market. +» 600 to 1,000 Deputy Clerk Washington market. « 500to 758 tuperintentent Sanitary Inspection:...... 1,000 to 1,200 Firat Clerk City Iaspector’s Department... ‘800 to 1,000 Three Jastices of the Marine Conrt, in lien of all fees and perquisites. 000 to Clerk Marine Cour! to Three adci ional Clerks 'to attend Superior Court, to be appointed Copyteg Olerk of Superior Court... At he op Scperior Court, thirteen ma Justices tine Court, thirty-one in numper. b00t> 100 General Sessions 2,000 to 2,500 one, Clerk of General ‘o1 1,250 to 1500 Contrack Clerk, Street De pertene * tate 1,000 ‘ontract () treet Department, + 160 to 1,000 Map Clerk, do. do, + 600 to 1,000 Copying Clerk, ¢o. do. tits. 680 to 1,000 Superintendent of lands and places ..$2 per day to 1,000 Clerk to Commissioner of Repairs aad Sup- pliew......... oats tesese 160 to 1,000 Fire Wardens, twelve in number, +. 20to 500 Two clerks to Register Croton Aqueduct Lee +» O0te 800 Three Tax Commissioner . 2,000 to 2,600 First and second cler! office, seeeee . Amoua; of increase about. Do, do. — fifty two doorme: Salary of Comm'asioner of jurors Amount of increass of Pohoe Total Tax Con wissioners FOR EXTRA SERVICES lane G. Seixas, as Clerk to Committee of Repaira and Sapplier, for... oe $150 land, as clerk to committess.... . ato John A. Towle, for extra serviees to Board of As sistant Aldermen, during the year, 1883.,.... 0 Gilbert S. Nixon, in addition to his ralary as Reader to the Board of Aidermen...... +++ $100 00 E Evans, for serving pxpers for Finance Com- mittee... + 10000 Pelee Jartices for “extra servioes ‘in addition to if present salary, at the rate of one-sixth of the compenration now received, to take ef- feat on aod from the 8th day of May, 1852 By resclation of the Board of Supervisors, cember 27, tices, $644 87 ne 269 22 eae wee By John H. Chamber vices as Secretary to Committee on Department...........++. 300 00 Joveph 3. Young, for services as Secre! eed fo teriges ‘og ta 150 00 ‘arma to the Board cf Sapervisors, tre youre, 290 00 seen ee BT, 409 22 Total... * By resolution of the Board of Supervisors, 14, 1688 and effect Jecuary 1, 1864,” OF Supreme Court—In Chambers. Before Hon. Jur ge Clerks Fas. 2.—Martin Philin ads. Richard Kimmey and Others. David Seldon vs. Thomas Vi fein the heirs at law of In the Matter of the Application of Oelia Steers to Se Real ranted, | i nd bequeath the eum of thro thou ‘and dol- regate amount of inereare of { | Bogrd of Eduentton. phe Board mot out Weduouday evening lant at the urvl our. APPOINTMENT OF BCHOOL OFF: On nomination of the sebort «fs appotrte® trusts 48s. . au Ninth ward, 0 common ot ation of school officers of Bix the leilowing appointments were mpd+in said = Avdrew A Brenner, trustee, in place of RG P rhias, resigned: B Delafield South, trustee, im place of J Sings, j Joseph F, Ivy, tnepector, in place of Aacrew A. Prenner, rerigned Among several communications ef minor importance Were the following:— A commonication from Thomas H Palmer, relative to ‘& new eyatem of teaching arithwetio. was referred to the Commitiee on Covrre of Studies and Schoo! Booka, 4 communication from Anu M Reafield, relative to her “Zoological Atlas,” was re erred io the Committee oa Curse of Studies and School Books, RESOLUTIONS That so Buch of the address of the President ay relates tom day mormal schoo! be referred to @ school oomiait- tee, Adopted, and Measre. Phillips, Wilson, Cartls, Miller and Pierson appointed as the comuittes. That the present by 'aws, rales and regulations o! this Board be referred to the Committee on By-Lawa to report ‘© mecessary present State law, and ‘o render the by la ws, rules and regulations more effective. Adop'ed. That it be ref+rred to # committee to consider and re- to what extent, if any, the asetion of this Board is restricted by the seventeen‘ section of the amendments to the city charter, and whether any aad what arr. pe regard thereto are necessary or expedisat. opted. Committee— Messrs, Waterbury, Cooper, Wheeler, Fel- lows, and Bush. REPORTS, Of thé Finance Committee—Containing an estimate of the amount required fer payment on the ist of February. the Committee on Repairs—In favor of extsasive alterations in the hall of the Board of Eiacation, reoom mending that a suitable roo e be fitted up and furaished jor the meetings of the Beard; aleo, ‘hat an additional story be erected om the buildiag, which shall be flaished ase lecture room for the accommodation of the Nucma: 0cl, and for such public leetures on practical educa von, ecience and art as the Board may from time to ime Cirect, Tce report wes adopied. Of the Auditing Committee—Recommending paymen of bill for sundry expenses of the Board. Aduptes, of the Finance Committee—Recommondisg appropzis tion of $2,000 87 for rent of premises o d for #3000 purposes.’ Adopted. Of the same committee—Resommending {a favor 0’ paying $2,500, being the balance on the con‘ract for raining the Hirst ward school in Gremwich Adopted, Of the Committesion Repatra—Recommending an appro- prlation of $947, to pay Robert Paton for work at ward acbool No. 41, th ward, on his returniag to care of tre Board the Adopted. ‘ Of the Committee or[Repairs—Reoommending am appro- pristion of $1,000for the support of the shop—Adoptea Of the Committee on Sapplies—Ia favor of appropri- atirg $26,436 82 for the support and maiatenance of the Bepository of Booke acd Sapplion—Adopind, The Prerident announced the Standing C mmittees for ‘gand chairs taken from that school, | the year, whish, with those elected at the last mooting, are as follows: — STANDING COMMITTEES OF THR BOARD OF RDWOATION FOR 1854, Executive Committee on the Pree Acad-my--Messra. Beadle, Cooper, Benecict, Wilson, De Fayater, Laveridge, Morand. Faecutive Commitee on Normal Schools—-“seara Neiteon Tracy, Davenport, Hubbard, stewart, Wiuthrop, W. W. Townerud. Executive Committee on Evening Schools—Measrs, Fell, Barrow, Davison, Jones, West, Aadis, Kather ord, Committee on Annual Estimate, apyortumment and R-port ~-Mesers, Rockwel, Sweeny, Jarvis, Jooluige, Hila, Finance Commulie—Meesra, Smith, Philips, Adams, Jarvis, Siiligan Fellows, Collins, Mil Cummattes on New Schools—Me lor, Iewia, Mo3pedon. Committee on Sitea and School Houses—Messrs. Stiilman, Irwin, See, Rowland, Valle Committee on Repairs—Mos vers Sorbner, Denike.” Committee on Sunpites—Mesers. Ransom, J hn100, Coo. ledge Sevens, Bush, Auditing Commitee—Meears. Russell, Jones, Phelps, Denke, Rowland. “Committee on By Laws, Rules and Rezulotions—Messrs. Tr cy, Waterbury, Hibbarc, Whosler, Usaley. Committee on Elections and Qualifications ~ Messrs, RB, W. Townsend, Wjlion, 4inith, Leunsu, Hooper. ‘Commuttee on Correspondence—Meisrs, Colina, Ransom, MoCiorkey De Lammier, Kuck well Committee om the Course of Siudies and School Books ~ Messrs, Phelp?, Pierson, Lewiar, Miler, Bash Commitee an Teachers—M Jonnson, O'Teary RK. W. Townseno and Phi Commttee on Sala ies—~Me nd Whitmore. mittee on Libraric—Mei Pierson, Hils, MoOlos- key, McSpedon and Lawlor. Committee on Free Scholarships—Messrs Waterbury, Whitmore, Crtis, Fellows and Lennon. The President laid before the Board notices from the various insurance compasies, of the expiration of the po oies of insurance on varicus school houses. On motion, it was Resolved, That in the opinion of thie Board it is inex pédient for {t 'o insure echool property hereafter. Ao. mmucication was received troa Joha Muliigan, in- viting the Board to attend bta course of leo.ures at Hoy Ocapel, on the 24 and 7th of February, on the metho: v teaching grammar. Invitation sccep'ed. ‘The Board adjourned to the 16th inst. . De Lamater, West, Sto Russell, ips. Curtis, Jonos, O'Leary, ‘Theatres and Exhibitions. Bowery Tuma’ The latest version of “ Uacls Ton Cabin’? is to b this evening. at the Bowers The scenery aud mu-ie alone are worth more then th price of ‘ion. Broapway TuraTsx.—‘‘ The Cataract of the Gaog+s’’ i» to be given th's evening, for the lest night 04: ove “The Hope of the Femily”’ will be added. Borron’s TaxaTRu — Mr. Burton will treat his patr nott er of those Shakspe Trav bis theatre so popalar. He gives ui Midsummer Night’s Dream,” with vew srenery, costamos, and all the original music. The piss has been over four months in preperation, and will undouotedly be played better then ever b:fore in this coun ry, Mr. Bartonand every member of his company are included in the onst. NamionaL Taratrs —The drama founted upon ‘Hot Corn”? is the attraction for this efternoon. In the eve ning the original version of ‘‘ Uncle Tom’s Cabdia’”’ is to be given, with Mr. and Mrs. Prior, little Cordelia Howard and Mrs. Howard in the cast. The hoate continues to be full. . WaLLACK’s TraTRe --The enterasinments for this eve- ning are for the benefit of Wrigat, Laulers & Co., late proprieiors of the Lafarge House. ' The Whee! of For tune” and other popular entertatpment: are announced. Seats can bo recured at the office of the theatre to day. BARNUM’s Museu —This {s positively the lant week of General Tom Thumb at the Maseam, and those whodenire to eee bim mus! There in ® good dramatic performance this yeni: g, and ths gicaifos may be sern without extra charg BroaDWway Mvskum AND MENAGERIS.—This place of amu'e ment bas become quite popular, and the Broaaway promenacers fd 'he lions quite interesting. Burz, at Stay veeant Institute. is givieg amasement to fcll honses, He combines mirth and magic together. Tae Visirars at Chritty’s Minatrels have lately heen on Joying reveral new songs We notice that they all apprar ja the programme for this evening. Remeaber the old place, 472 droadway, Tor Great JULIEN Bortmqus at Chinese Hall Broadway, bas bad along run, bot Buckley Minstrels ere all good musi Woon's Mixsrrmis —At No. 44: Broadway, this evening, the Wood's Minstre)s give one of their first rate concer The programme includes songs, daaces, ballads, bar- lenquee, &o., &, Mr. Cuanrrav has been rerforining very successfally at Charleston, Ric mond and Washington, and commenced & short engagement, cn Monday last, at the Baltimore Museum, Tor Panis Tuxatees —During 1863 (says the Constitu timnl) 267 new pieces were produced at the nineteen Parician theatres, 0s followa:— Opéra.— Operas, Com étie Franc: Th de 1’0, No 529 attractive. The Hacee ; drame lyrique, du Palais Royal —Vaucevilise, tre du Gymnace —Comcien, 4; v4! vertienemenn, 2 ; Porte Saint Martin mimen. 2; rprctacle, 1.... : Gaité —Drawar, 8 ; vaudevilies, 7. Ambigu Coxi'qre —Dratwas, 6; vauderiil cle, 1; prologue, 1 . Folies Dratoatiques.— re devil , 8; apeotacle, 2..... Oclassomens Comiqnes.—Vaudevilles, 24; revue, 1 rologue, 1, Laxembo D 3 wn dig axembourg.—Dramas, 3; vi A ssectale, 1; revue, 1 ey Choiseul .. nee (BT Times of the 8th January, says:— f the weather, which during the Pe avered our thoroughfares nearly im sass: able with moaates of piled up snow, and caused an almost total dirappearaace of cabs and public vehiales from our streets, bas produced desolating effects upon the metro- politen theatres. Whole families, frost boand by the do- mestic hearth, have bren unable to ventare abroad at nigut, and the fan of Clown and Herlequin has, we le- ment to way, upto the present advanced period in the holi“ays, urwitnessed by thcassnds of the rising gererstion! As it 1a, the frost and anow have been as great a Camper opon managerial a4 on jovenile jollity. The toeatr instead of being crammed, as we have in- variably sesn them et thia season, exhibited, with very be that there is “‘a good time «coming for the and thet #4 s00n as the weather retarns to its eastomary mild mugginess, we shall have every place of public amusement crowdet with flocks of eager juventies and shoals of edmii adnits, All the fam, which haa been frozen up by the inclem mt season, wili then be Ist leone; shouts of eostatic mirth and shrieks o' contegious laagh ter will again make the crandeliers ring at the theatres, ard ers will ‘‘amile an they were wont to smile” ai bag Rory cad the vear, Sg a pockets anc overfi: wing houses. Tamme pn sateraiaments has Rogen at ‘most theatres since -night, 00 far as novelty in im question ‘ Hamlet’? won aves ‘at the Pripoean’a | by Mr. Unestes Kenm; and Mr. rheips nas portormec Say- at the Sacle: lock Wolls theatre The drama of “Plot en: Pasri.o,”? aller a long aud most sucosssfal rua at “hb Olympis bas been tai fiom the bills, aad r’ he's ‘The Camp at the Olympic,” aad the Minstrel? eubsuivatet As rformence of the pant mime weather, were unable to visit the theatre in tne eveaing Superior Court. Special Term. Before Hon, Jucge Hoffaan, ROMANCE OF REAL LIFE-—A MOTHER'S CLAIM TO THE CUSTODY OF HBR CHILD. Fre. 2—Habeas Corpus —Barwite vs. Baker—Im the motier of Aralella Peller.—It seems that the sbild in this cane wax 8 girl of between eleven aud twelve years of age, of very promising appea Her father was drowned by the upsetting of asmali boat moar Montreal, Canade, about five years ago. Soon after this the mother oame to this city, bringing with ber two children—Arabells, now before the Court, and a daughter two years older. After & residence here of one year she (the mother) was mar- ried to Mr. Barwise, with whom she now lives, The tes- timony in the case showed that the two little girls resided witb their mother’and stepfather appily as is wualin vhe ordinary walks of society; that about one yearagothe mother became deranged, ard at the instance of a neigh- bor she was removed to the Lunatic Asylum on Black. well’s Island, After she had remained there soms four months, she heard of the'death of her friead who had Ps her resk'ence upon the island, snd she tacugat it ber duty to return to 'he city and assume the cares of her family. No locks, bolts, bare o- guardsmen standing ia he: way, she did return to her lovely house ea West ‘Thirty-aixth street, and there found aer husband, but no ehijdren to greet her On inquiry she learned that the widow of her fiieud who placed her in thy fainad hi Yaten both of the children, one, the «Ides: of which, then bad, aod the other, A’abella, sbe nad placed in the Keeping Of Mrs. Baker, practising pbystoiss residing ia the same sirest. The eldest davgcver, on solicitation, ells had formed at even a mo- returned at once to ner mother, but Ari on ateobment for Mrs Baker so strove ther’s endearments could notioveroome it. Hence this writ war sud cut, and she was drought before Judge Hoff san Mr. D. B. Taylor, of counsel fcr the relator, argued that no cirevmstances couli rtaud in the way of tne snore wacy of the mother’s claim, whilst Mr. Tillinghast in- sisted that the ohi!d’s will mast be rezaried. The following opinion of Ja¢ge Hoffman will be reaa vib interest, as peint settled by nis decision is iin- portant, aod the oase itself somewhat novel:— Horrmay, Jastive—Upon » writ of habeas corpas is sued and directed to Mre. Clemence 0, Baker, to bring up the body of Arabella, Peller, the cause of detention, urn bas been wi md . have proceeded to exam ine into the facts contaivedin the retura and the caus ofthe confinement The return shows that, in act the husband of the respondent hea the actual control of tue chia. Tbe pi have agreed that the writ ani retarn shall be trearea addrswed to and returnel by both. the part of t' particuler examination oefore referring the practical determinat.oo of the question to the very objectioual test of @ shild’s wishes It appears that the mother of the infant, now Mre, Berwiee, waa, prior to the mon:h of Jans lest, taken to the asylom on Biscxwell’s [sland as insane; toat ner prevent burbawdis not the father of the child tact a sriend of the femtiy appied to Mra. Baker, the respon- dent, to receive the child into ner farally, avd that ehe kas continued to reside with her since. “Tne mother left ‘he asylum in Ostober last? The interferences of Mra. Wilsen for the weil being of the ohiidren, and the placing one cf them in the oharge of the respoudeas st the time fthe mther’s aberration of mtad, is de«srving of all c:mmencation. the case is fies from avery trace of ~auton or even officious interfereace with the rights of » parent, Bat, npoas areful examination of sli tae evi dence, I shoud net iberty to veoy this mohon— the right which satare bas given har, ani tbe law have sustained, of rearing end guarding der oif-pring—if tas disposition resided 19 ms, tne ot sustsined by aay s!eqaate tes timony. Imight fesl, irdeed, some apprehen-ion that the malady of ber mind migot return, ana rome re. Juctance in awarding the cuastedy to ber feum that fear; but this ap,renension is not enough: I am not justited on the facta ia smiisipatiog tt, Ia many vares which, in soother situation, I hays been called upon’ to cousider, I have lursed tae daty of struggling to sustain pereatal authority snd dlalsao mis#ou as wrafegnard of the community by kssping invivlate the domestic relations, The law pays a trinate to the Jernons of nature, in assnming that auitic aut tea Gerne ns will bo felt towards a cbiid to ensure its weil-da ing. In the absclute power of life and death paraicte’ tu Rowan fathers (a), in the right of imprisoameat, #til reo: gained, thongh abridged, ia the alyil code of Fraace (b). and in the authority of Jewish parents to have a rebellions ton stoned to Ceath on complaint to the elders (c), we way trace the presumptions that patsraal are a avfficient substitute for legal protection. the principle running through ati rhe best oousideret cares upon thir most delicate subject Lam well aware tbat exceptions will arise, and ths law must supp rt them, where parental power mast be superseded, or the child be perilled in body and soul. But I wish to protect wherever I have the cccation, against fetal and unrcriptural dogma which places parents an: gers upon #n equélity, and eapply based vpon the criculstions of jan: ism, Bot the right of making a Cisposition «: toe cbildé upen a writ cf babras corpus is uing out of this court, bes besn anxiously sod thoroughly consicered by one of its Judges; and his opiaton, toe result of the meat elabo-xte and able scrutiny, has been parctioned by three of his aseociates [1 would be my daty to submit to this, even if the line of reasoning was ien+ oocvineing, The result, then, ia, that whena child is of that age, ar in the preveut case, where it can exereire soms right of choice, this ovurt can do no more than declare thet it fs at liberty to choose fer itself; nay, the oourt will protect it ia that croloe, even if adverce parental claims. (tee, People va. Cooper, 11 L-gal Obser- ver 1, eaten in the Saperior Uourt, p. 710 ) This case came before Jastice Barculo, ef the Sapreme Court, after the iecision bere, and the right of that court to direst abso- ju'ey the restoration of a child to its natural gasr- Gian, was ssverted aod enforced. The child was de Hivered to the father, without regard to its own wirkex This was placed upon the gevers] equitable vewrr of the Supreme Conrt. (8 Howard Ps I regret that the limited character of the j tbis Court leaves mero alt chil! at liberty to go or ra berate her momecterily from restraint, and le ber own unguided imprersions ofdaty and taolii bad intented to tava expressed my Views upon tain poiat ut Jastice Barculo hss so olearly snd focetbly p *rented ard argued it, a» to leave to me only tie duty of exprersiog my concur’anorfand obligation, The child, upon & cérefal examination in private, bas expreasid & wish toremain where she is, and certain'y shows intel. Ngence equal to thatof children generally of her age. The petition for the babeas corpus must by dismissed, Tre relator has the means of complete redress if entitled to it, ia ‘he supreme Coart, and I need not sup ose that any protection to tha chi! is neers sty to restora her to the cus ody from which @ writ bas brought her. Tae rela\cr bas properly sought vo en’orce what she deems per rights, in « legal manner. Atur the decision was rendered Mr. Teylor procared an- otber writont of the Sapreme ye Clerk+; bat sh after the service of it on Mr. , the chili wae sent home to ite mother, where it remalas (a) Tsylor’s Civ] Law. 42 (b) Gods civile tit. 9, 378; (c) Deutcronmy, chsp. 2l,v 13 do. Licut. Francis K. Murray, U. 8. 9. {From the Savanoah Kapublican, Jan. 25 ] The noble conduct of this offer, who’ asppanad ‘o baa pareenger on boa:d the ill-fa'ed ateamabip gan Francisco, bas elicited the warmest priive, The aid waicn us gave to Capt Watkins, the brave commander of the sbip, ani to his uffering companions—ihe words of hope which his manly courage enabled him to utter for the relivf of the distressed and inexperienced around him, have been nerd in the thrilling statement of ¥ergeant South. wor | The scene, dreadfal as it was, was not new to this gal- lant officer. He was on board the brig Washington, tached to the Coast, Survey, commanded by the accom: plished Capt, George M. Bache. Ia « terri the Atlantic & wave washed board Capt. some Often cflistra aud men, amoug them Of all these, we believe Mi who regained the through ove of her p wing the vessel. Ha was ip the shipwreck of the U. 3. sloop of war Rostcn, Capt. Pearsoo. Three re ago he was placed in command of the iron steamer Jefferson, attached to the Coast Survey, and intended for the aw of the Pacific coast He encountered a succession of gales near Cape Horr, tv one of which his vessel was very nearly vroken in two, He succeeded, howsver, by his courage andgoot seamanship, in bringing her, though » wreck, into port in Patagonia. in his letter to Prof. Bache, saperintendent, he saya:— “In conclusion, sir, I need harily eay that I absadon this veesel with feelings of desp regret, but with acon acionrnera that my cuty wie ape it. Fer seventy-two vours all hands were constantly on deck at the pomps, and bailing. without reat, crenched by theses ond pumbed by the cold. It sppeared that nothiog but 1 miraculous interposition of Providence could save us, and we have great cause for gratitude that this was accorded to un” kind Providence so gratefully acknewlecyed has for s fourth time saved him f om the perils of the sox— save bim to minister to others who gere Lory he live to adorn the service and to reosive the p! ity, his courage, an Obituary. Mr. Wixneor JomNson, & patriot of the revolution, died recent)y in Porter, Niagera county, N. Y , aged 9) ra Mr. Johpson wae bors in the town of Hanover, N At the ot sixteem he was called into the army, snd after serving for six months in the militia, he enlisted ia the requier army for the war. He was with the army at Valley Forge, and used torelate that during that peried of enffering he er, had bis hair frozen to the ground while asleep. ‘a8 one of the guard at the execution of Major Andre, was am actor in tho battles of Brandy- whe, Short Hills, and many others and last at the sur- render of Lord Cornwallis. His discharge was signed by Gow. Warhington, and was regarded as s precious treasure by him. After the close of the war be resided for several yeara atthe et home, whence he removed to Ver mont, where be lived neer half s century, and afterward arn ty anata New tl where, at the ol & long life spent bonor to himself ooun- try, he has fallen asleep. _ Mr, Groncx Sintu died recently in Beverly, Mass. 67 ears. The deceased was one Dettmer hy 189 ners During the war of 1812 be was taken from on board the brig Levant, British naval 20 brig Haskell, of Sslem, by thi Court, returnable before Important Decision in Admiralty, UNITED STATES DISTRICT COUBT. ReCore dun. Judge Ingersoll. Fam, 2.—Frascis Voss and others ws. Thomas Allan, owner he bark Majestic The il>el in thiv ease is filed by Frao 9 | cis Vesa, Charles L. Perkias, and Joba B. Ketiell, agatust Thomes Allen, the owner of the British bark Ms io, for the recovery cf the velus of ® quantity of pig irom, saip- Ped st Belfast, Irelaod, by Halatow, Goodwin & Co, on board the Majestic, to be carried to th port of New York, | and there, at eaid port, the dangers of the wea) only ex cepted, to be delivered {0 the libellants or their auigon Aboat fifty tone of the iron, of the two hundred and twee ty tons ro shipped, was lost at the port of New Yo: while the Mejes'is was discharging her cargo, by the breskiog and siukicg of ® pile-wharf or bridge, upou wbich the iron was piace’ when bsing land bark, sad the claim of the Itbeilante is that it Lefore it wax detivered to chein by tae oarriar, of April, 1852, and was sigaed by the Waser of the Majestic, at Belfast, ackuowledges that Rel. ston, Goodwin & Cy. had ebipped in good oruer om bo. the Majestic, then lying im the harbor of Balfast, tons of pig tron, to bs delivered in the like good order at the port of New York, the daogers of the sean only ex cepts d, unto the Hideliante or to their assigns, he or thay pavirg freight at the rate stated fo the dill of lading Tay bul of lading is im the ordicary form, with the addition or the fo lowing clause, inserted ia the margia thereof, viz. : “Irep to be discharges by the consiguees ia five days after vessel’s arrival at New York, or pay demurrage of $26 a day afier tha: time, Toe above clanas moant five working days from the time the vessel is ready to discharge. The libellants claim, that by virtue of this additional clauve in the maixin of the bill of lading, they have muuze rights in reference to the enisdin;g vo the iron thap they otherwise would hat ; that by this additions! clause they had five working daa from the time the vessel was ready to discharge to upload the iron themae.ves; that they had a right, by the #\ipulstion conteived in this additional clause, st any time within such five working days, to deaiv nate and seleot the wharf at wnt be diccoarged ; that before the sya the iron’ was lost; that ti cargo of the Majestic wan discharged was selected by tl captain of the bark, withont thelr concurrence they requested ths captain to discharge at another wha f, which, though it was occupled at the time, would have been vacant before the expiration of such five workiag ays; and that, therefore, no discharge of the iron a: aay wharf relec'ed by the oxptain without their concuréence, within such tive working days, although the cxptata may have given them notice of #uch discharge, would in law he derined a delivery of the iron to them, according to the terms of the contract, as expressed in thé bill of Toe necessities of the cae, as I view it, upon the evicense as exhibited om the trial, do not require the ‘xpression of an opinion upon this claim as mide by the livelisots, The conriceration of it, therefore, will be waived, and the case be considered as it would be were not this adcitionsl claure appended to the bill of lading; and, in conformity with the claim of the respondent, that wili be viewsd as the aontract of the parties, which 1 imported by @ bill of lading in tho ordipary form, governed by the same legal rales in its construction ay would go’ the iastcament upon which the Libel is founded, were not the addittonal clause appendrd to it. In or-er to come to @ correst resuit tt is necessary to ascertain what the facts in the osse ace; what the law ik cn the suojest of the liabilities of oom mon carriers of goods for hire; when they begin, how long they continue, end when they cease, or when the carter diseharger himself of the ou-tody of the goods in his character of common carrier, aod thea apply auc law to auch facts in the case, Tas Majestic Kaving, on the 86th of April, 1862, received at Balfast the two nun cred and twenty tous of pig iron for the purposes named in the bill of lading, oon therea( ter eailed for her port of Gestipaticn. She strived im the harbor of New York on Sunday che 20th day of June, of the sama year. Tra vessel was consigned to Edmiston & Brothers, the sganta of the ship. The iron wascontignsd to the libellanta. Oa Monday, the 2ist of Juos, the captsia ot the Majastio ro- ported hiwrelf to the libellants, acd inquired of thom where he was to discharge, The libeilsaie soos tavir cleik to find @ vacant b No berth vseaut ou the North siver covlt b» found below pier No 39, The Libal- Janis requesied thet she might di-charge sowewnere betoren Washington Market and the Battery, and named piers Now, 8 acd 9; butmetther of these piers wore then vacant, The captain on Tuesday, the 221 of Jana, hauied the vessel into pier No 89, woich waa uot betwsen Woah: ington Market and the Battery. 01 the 221 ofWans, inieton & Brothers wrote to the libsllsuts, informing them that the Majestic waa berthed at pier No, oth river, sod was prepared to Ciscbarge cargo, ani requested toem to furnish them (EJmiston & Brothers) with « permit for the iron, that the vessel might oommence laniing it » early an postible. Toe Custom House permit waa far pisbed by the lidellants, and aeat to Edmiston & Brothera ec 3d of June, and on Taoursony, the the captain began to discharga the cargo. Pisr No. 39 was about 300 fest long Tae outer end of it, for about forty feet, wassoid. fhe remainder was whet {s called & bridge pier, built om piles. ‘Tae vessel coutinaed to dis- charge the tron on the pile part of the pier, until avout eleven o'clock A. M. of Friday, at which time the first Heutevant of police of the Fifth ward, in which ward pier 29 was, observirg 8 greater quantity of iron on the pier than he thought was safe, spoke to the assistaat cook master, and told bin togo om board and order thom to stop discharging. The assistant dock master imme diately went on board, and ordered thore on board not to land any more iron on the pier. They for s tine ceased. On tte a'fraoon of the same day the dock master noticed that they were sgain discharging, aad being of opinion that the pier, with the quantity of iroa then on it, was not safe, ordered those on board to knock off, and to cease discharging. Upon this orter being givea those on board again stopped. On the morning of Satar- dsy, the 26th, they again went to discharging tue tron, and contipaed till about 11 o'clock. when, from the weight of Me iron on the pier, the pier broke dowa, and the iron upon it w jpiteted into the water, and about fifty tons of it was totally lost. At the tims the pier broke down there was stout one handred and tifty tons of the fon upon it, and placed in auch « maprer that it caused the bresking of the pier. O« Friday, the 26th day of Juve, in the forenoon, & written ‘sent to the office of the libellants by Ei Brothers, notifying them that the pe which @ portion of the iron been then diic! rd, was nupposed to be in danger, and requestizg them to it. After this rotioe, although none of the iron was removed from the pier, an additional quantity was dixcbargtd from the vessel and p'acad on the pier, until one bom red and fifty tona had there been placed when the pier fell. At the time the order was given, oa Friday, to stop discharging. there were seventy or eighty tons of irom cn the pier. Pier 30 wae a well built pier, bat the qvantity of iron placed upon it, and the manuer ia whicd it wae placed pon it it belog accumulated too mach in ore spot, caused the disas'er by which s portion of the iron wes loay, There 14 some contradictory evidence in regard to & portion of the facts as above set forth, but the prepocderence of testimony fa sagh that there oan ba 20 Tesronable doubt in regaré to any of them Theme facta being found, the next question ts, whet in the law on the subject of the iisbiliien and responsibilities of oxmmon carriers of goods for hive ia cass of this kiod; when they begin, bow long they continue, and’ woen they cease; or when tho carrier discharges him- sef of the oustedy of the goods in his charac- ter of common carrier? These liabilities and re- sponsibilities commence when the gonde arn plated op bosd the carrying versely they oontions du'ing the yoyege, and until the goods are safely delivered to the copriguee at tbe pert ef discharge, or are placed ia such a situation atruch port of direharge as either oy law or by general usage is equivalant to auch delivery to the cowsignee, aud until they are either delivered to the cone gnee, or ®'¢ placed in sueh a alfustiza at the port of direi arge, as ig elther by law cr general usage equiva lent to such personal delivery, the carrigr is not di cherged of the curtody and # of the gueds, but ia re eponsidle for the same. It is claimed by the libellants that the iron, theugh m fed to the port of dis oharge, was not at port either safely delivered to itely placed ia such y in regard to ® fore very words to the consign it will be euffi dent if he leuds them in @ proper mas- ner at the usual whart or proper place of Hog, and ives due reasonable notice thereof to the consignee. fcch landing, with such notice, is equivalent t> a per- sonal delivary to the consiguee. (Angell and Ames on carriers, sec 810.) Suok landicg place in order to make it equivalent to ® personal Lettie mast bs a proper place for landing, and the laoding mast be made io proper mapper. No upsafe landing play can be a preper lanoipg place, and a0 anrafe mode or way of land ivg car be corsidered as ® proper mods or way of latding the goods, Ithas been sometimes claimed, when the yuestion of the liability of common earriers has been pra- ren 6d before courts, tbat where the consignee is not the owner of the goods, but is ® third persoo, the rale is alitte d.ferent, eed that in euch a case the carrier, when thee te Bo persovel Celivery, to wake bis respon ibility cease, mast mot «ou land the goods fo & proper place, and give due and reason. able notice thereof to the consignee, but that be murt elro, after the, goods are unladen, seoure them by housing or otherwise, if no cons'\zase appe: if be neglects of refuser to oor pt the goods trict Jooge of the Sonthern District of New the case 0° the Gra'ton was before bim, ae ap report of the case in 1 r p. 176, |, * That in rade, such && ex'ated in New York, in rel.tion to eoanting vos: rela, the delivery of & cargo on the Gook, with novice to its owners of the time and place of unlading them, placed the carge at their risk, and discharged the veeaal from liability. But that in cass the cargo was addrensed toa mere consignee, tue ver el would be ander the farther obl'gation to secure the property, a‘ter it wae unladen, if po sousigues appeared, or if he refused to accapt the gooce " There are many good and nubstantisl reasons why the carrier should be required to do more, where there is no personal delivery in the cere, when the consignes is = third person, then should be required of him when the consignee is the owner of the goods, Bat waiving the consideration of the qaestion whether @ diff-reat rale 0 one care from wha’ exists im the othe: oonsicer this case aa if the consigaee were ‘he carrier may not be bound nade: ordinary form ‘0 uviade his cargo «| hy the consignes. If, however, the carr oe to land the goods, he mu 4 proper piace for landing them. ‘8 good and rafe and proper plaoe fer landjog on quailty or quantity of goods, would not and proper piace for Janding another bind er qual quantity of goods, Has, then, the carrier, in this ose, cone that which is equivalent to o ial delivery of the al the Cs gl 3 he has oly anisiea o- ® rafe and proper place, and in a sefe and proper msoner, and given due snd reasoaable notice to the consigner, then be hes, If he hes not, then he is Hable for the da page which has been sustained by the loss of the from, which it waa lected thé —~ boar’ were in the act iio jog rani ard ops, to “incharge i | more on the pi bo: 7d the veacel stopped of the eam however, they recommenosi, whes the do: kmaster, apprehenc ing Canger, ordered then to atop. On ‘he mor: ing of Saturday, the 26th of Juse, ther coa- tinued to dinsharge the iron on the pier, up to shout 1 o'clock, when about 160 tons of it having been placed om the pie, the pier, from the weight of the tron apon it onae dows, apo the tron wss precipitated into the water aod & good portion of it, about firty tons, was lost, The eap- tain, in bis deposition says, that on Saturday they oan- towed to Clasbarge unt] the pier (ell Tae captaia was warned of the danger, but perdsted in overlosding the pier, by which to pler br ke, The pler wes sa'e and proprr for a oertain quantity of irom, but not safe and proper for ore bunc red and Shy toce placed on tt im the manver that this fron wae placed For the oy | places in the manner in which ‘t wan placed, therefore act s proper place Of this the For s time thore om @ a the afternoon irge in & prope Mavperfor she quantity tant therefore done that waich is livery of the iron to the cor signe Cenery that he should have landed it im ® proper place proper for toe amount that was landed. wnt not Complying with the stipulation contained in the bill of lading to safely discharge the iron {a @ proper place, the on bas happened, and be must be answerable for the damage which bas been oecasionsd. It iscontended, how- ever, by the rerponcent, that the claim for this dat {4 not ruc be onforcad ine Coart of tion, if any exists, had ite that the damage occurred by am ast id potoa the water. The claim which for Aemages for the violation by the respondent of a maritime contract, ea\ered into by him to safely carry, the iron from Beifsst to New York, and there safely de liver it to the libellants And the ground of complaint {s, that it was mot safely delivered. After the decision in the case of Grafton, above referred to, it {a not necessary to deellon this point That caso was a # libel in rem, ‘filed in the District Court, and upon » bill oi lading for the carrying of a quantity of hemp from New Orleans to New York, and there sa’ely delivering it wo the libellants, After the hemp was discharged om the wharf, and not before, # portivn of it was da by rain, and for that damage a recovery was had. The de- cree of the Court, therefore is, that she libellants do re- cover the amount of the dai occasioned to the from by the breaking of the pier, and that it be ref+rred to a com missioner to_ascer' and report what that damage is, United States District Court. Before Hon. Judge Ingersoll, HABEAS CORPUS, ¥en 2—JIn the matter of Alexander Heilbronn, claimed the British government as a Fugitive for an alleged aat Foryay —Tn this care the Presiveat of the United State transmitted to the Marchal yesterday an orde- for deliy- ering up the ecoused to the claimants, in accordance ith the order of Uommissioner Nelson, not withstan: Judge Mirebell, of the Supreme Court of the city of New York. ordered his diecharge from custody The case now ccmes up on habeas corpus, with a view of having the question of suthurity at issue tested by the Supreme Curt of the United Stetes, The Judge granted thy writ, and the Marshal was al- hs wal until to-day to mate is return, which ts ag follows: — I, Abraham T. Hillyer, United Statos Southern Dis. Marshes! for the ‘ork. return to the s nexod avd hold ia my ovstod , dcr Heilbronn, named in eald writ, under and by commitment of John W. Nelson, ¥sq., 8 Commi july app inted by the Circuit Courtet the United States for the Scuts ern Dict ict of Mew York, under and jue of am act of Congrers ontivled am act for giving effect to certale ivvlations between thie and fo-eign governments erei n and delivery of certain offend Fo} 12 1848, which aaid cov mitment fs dates Goh day , 1654, & copy of whieh ssid commitment ia horete uo ABRARAM T. HILLYBR, U. S. Marshal for Southern Wistriot of New York. Dated February 2, 1204, At the opening of the court Mr. Bustesd asid that he would like aa acjournmeat of the bearing of thi Mr, Comm: pner Nelsop woal) ha his own records, He wonld est ing upon the return ws iil Mr, Wintine thought that issue shou d first be taken om the retarn, fhe party mast either admit or deny the retora Mr, Busting would put in # formal reply, making up am istue vorh of law and fact. Whereupon the care stood adjourned until to-morrow. U 5S, Commisoloner’s Court, Bofors RE Stilwell, Bq. CHARGE OF RRVOLT. Fen 2.—The United States vs. Kdward Selby —Alexander Cogle being examined by Mr. James Ridgway, deposed that be was sroond mate ef t merican ship Londow on her recent voyage; Selby wad@he of the crew; we let Loncon, Eegland on the 17h or 18th of Desember last, bound for New York , we had # crew of tweaty-five or twenty eix men; we had left the cock about aa hous, in tow of three sieamboats, when a lighter came under her bows; the pilot ordered some men cown into the lighter to shove her clear; the men pushed her clear and we then got foul of @ sieamboat ; he thought the men were n tehoving hard enough, and he sung out to them, Why don’t yeu rhove?”’ Selby said, ‘Who do you eall boy, you ==d big Eos lish son ofa ——.”” The pilot turaed round and raid, ‘If you want to hick up a row aboard this ahtp you will get the worst of it.” Selby replied, that he was ‘8 New York boy and he could ‘Ii by son of Bon beard that boat; ibe pilct ordered me to take the maz aft and put bim in trons; I was the only officer om deck at the ttme; I put my hand on Selby to texe him aft, u which he strack me bie fist in the face; I cinched him. and then sung out for his shipmates, sayicg, ** shipmates, come here;” there were eighteen or twenty mem at the forecastie, near enough to hear aad see what was taking piace; tyo or mors of the men di- rectly jamped upon me, knocked me down, and kicked me several times; the pilot bauled one man off of me; I step, ard struck a manpamed Jack with my fist; Selby and othere again got hold of me, and held me | ogeiast aniren rail,and got me about Laif way over,the rai potmy head under the rail and held on; Selby cried unt, “Let us piteh the ———. overboard, and finish him;’’ some one hauled Gelby off of me; I fell in om board on my face and hands; the ship was in the stream; I was deprived of using my autho ity for about ten minutes, I struck Selby acd come of the others with s piece of which I took the mate then came and took Selby aft. Otber testimony was given, and the Commissioner held the prisoner for trial, Fei U. §. Cireult Com Before Hon. Judge Betts. THE METHODIST BPISCOPAL CHURCH CAsE. Fru, 2—Tae court en:ered an order for the payment of th+ anm of $17,061, deferred cividends, to William A, Soith, api ovhers, within thirty days, out of the primel- pal fund of $40,000, The New tmyland Car Spring Company, Defendants, ade. Horace H Day, Complawant —In this Bock the com plaivent filrd a bill reiting ont that letters patent were granted toK M Chaffee on the 81st of Augas;, 1836, aad extended for seven years from August, 1850, that om the Ist of July, 1863, Bdwi to compleinant, and rama in violeti the bill of the fact, whish tbe areigpment by Chaffee to complain he (Chaffee) conveyed bis patent to Willism Judsoo; and that Mr, Judacn, under that conveyanee, licensed ‘the New Kog- land Car Spring Company to use it, and no fact is netup in the dill pretending to avoid ttat convayance, if any such were mace, On the retarn of the notioe of motion for isjunetion the defecdants prodased the conveyance to Judson, an trustee ef and for the benefit of Charles Goodyear, dated September 5, 1350, Judson’s Hioonse to them dated November 21, 1861, and the agreement of Chaffee with Charles Goodyear, anterior to the applica- ton for extension, b7 which Chaffee agreed to convey the patent when extended to Gcodyear. The compl then prepared and offered in court affidavits mitted the conveyance to Judson, and bia license, bat which attacked that conveyance by way of avoidasce; first, by showivg that Ju ‘noe procure1 the conveyam @ recondly, tht it has since been fortelte of Judson to oomply with its terms, ow movs the court to strike out the @ they are not “eupplatory or support under the rule. They are not “ proo’s” at all, but eworn statements of some matter which has mot ‘no “alleced,” and which, be roved;’’ they support no al en opem & cane which defendants have had no aotice of, which, therefore, he hss had no opportunity to deny. It follo ve, therefore, that if the defendant’s rigots are to be determined by the force of these affijavits, they are liable to be enjoined by this oeurt, without a hearing, when they s'and ready to disprove every allegation com tained in these affidavits. The defen‘ants then offered coveral affidavi's. Argument was had, and the court re rorved (te decision. Superior Court—Special Term. Before Hon. Jacge Hoffmas. Fee 2.—Tdvias Weyant ws. tie New York and Holm Rat oad Compony —A verdict was found for the platatift for $000, subject to the opision of the Court apon a ease to be made, with liberty to either party to turn the same into a bill of exceptions, The d+feodants moved this Court, at Speotal Term. for directions to send the case to the Court at Groeral Term ia the first instance, without being heard op'm argument st Sphoiai Term; bu: the Court decided the preetice to be = tm cases involving a It questions of law that be doas, or where there was ap express Cirection of the Jadge iryimy the cause to make disposition of it. The motion must ‘therefore be denied, but without costs. UU ates States District Court, fore Hom Judge Ingerso Fen 2—Ja the case of the Unilad Stal again Mam Rescoe —The prisore Tespectabls Ivekieg, middle aged map, wan tried avd convicte: lart term of passing codm- terfeit coin. Mr. Dyott, his counsel, now moves for am arrest of jadgment, in conrequence of alieged misdirection of the Jucge to the jary, snd on t if eagles and querter eagles wers left with the prisoner for the purpess cf giloiog them, there was no proof that he intended te pace or utter them. Mr. BF Duncing oppose’ the me tion on the part of the government, an¢ the Jadgs re- served his decision, which will be rendered this ( morning. The Marin Case in New Jersey. Nawauk Fob. 4, 1864, TO THE EDITOR OF THE KEW YORK HERALD. Please allow me, rir. yee ous report of my evi- dence on the recen' james Marin, at I etated distinetly that Mrs, M.'s death wee onaoaed bys rupture of the spleen, extending diagonally for aboot inches across ite concave eurfsce, near the jaced death by loss of