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

j = Ly ORONER'S IN- TAR CoB bh NAL BVIDENOB BEFORE Rua MUBDER OF WiFk, (From faaayrecate Merch 1) . ‘Tho Oymner'a Jury met menenday moming at ten k, at the Globe Hotel. Cummings re called—I went home at four o'clock Wednesday, 22; @ boy of Split Rock, Stanton, we; went direct! home; Jon, aartwe brothers, Edward and Pateck, Gnd approved, with a alight clerical cor APPLICATIONS, Of the schoo! officers of ny noe eng eact ed | seventh strat, near Fourth avenue, Referred to Fisance Of Thomas Leanon, Commistoner of the Twelfth ward, On file " brother's wi’e and child, and two cousins from Os- APPLICATIONS. Bp ed there all night, myself and threa bro- |, Of sehool officers of the Eighteonth Meee relative to Ets and one waged with Thomas Long; Yun sty | aa lmenet aah! sutme an, he, Dail er We stayed there CES: Bout nine | “OF te athool efficers of the Sixteenth wart, for 9 new ; we went door ° Committee pairs. dor’s; Lslept with mother, oue beother slept with “2% b ES GPR enrenen the Oswego boys, and one with his wife; I saw my | Fromm the seh6o! officers of the pistol a week ago today; did not nse it; the barrel | Bisbard Mh as Trantes of Commca Sandols for said ‘was about three inches long; ‘shot it once toward the | ward, of Benjamia F. Weymouth, whose offie ky; once Mr. r asked the pistol of me and I let waa vacated by bis omitting to ‘the oath of office, him have it; he kept it about half an hour; this was | Referred to « special committee. " he about, three weeks ago; ever saw Fyler have any tise! Boag Of Connctinen—Sratiog © that, tans. other pistol; I saw if about a week ago to-day; had | much ss otrtain property 19 Lexington alt bythe ont i at the time in my new pants; left them in ths | 7ify frst ala Pty oe New York, fa Deosmaber’ 1852, and clothes }, up stairs, over the kitchen, in Fyler’s | § public schoolheuse is situated im said avenue, s0 a8 to house; did not look after my pants; [had no bullet prevent purchasers of said lots from having com, ‘moulds; don’t know how long I lived with Fyler; | possession of the same, therefore resolved, that the gaw no quarrel between Fyler and wife; never heard of Kiuoaiion be requested to report to this Board what toy sister say an; ig about them; never heard my | mearures are necessary, and, if it ia not properly the sister say that she heard them quarrel. | ah dhak- bats, Somamabarelé sebasinente So The jary then adjourned at 2 P. Mf. to the Police | Luemetane ee office, from. whence Say proceeded to the Peniten- | _ From the Croton Water Department—Drawing attention ’ Lpeceatae with the investigation. of the Board to the great waste of water at the achoel- gy rs lowell, sworn—I got to Fyler's about two | houses uncer the direction of the Board. Ordered on file, X ‘hurada; ; Fyler was in his be cous hin Ne what hed been robbed; | m; I went down the cellar; I | saw no tracks near the outside door; know nothing particular in oe to the differences between Fyler and his wife; Fyler 3 staid wi is subject to fits; pretty hard th him one night when he hid one; he is quite deranged daring their con‘inuanes, ‘violent, and strong; never saw him the worse for liquor; never saw him angry or exhibita malicious dis- ; Fylersaid the money in the bureau drawer was id by to pay Mr. Wilbur for oxen; don’t know that } Fyler has recently had a shiny overcoat; I think if | persons had gained azcess to the house through the cellar door, they must have left tracks. [Here the belonging to Michaci Cammings was produced. found, an exploded cap was inthe hammer. In connection with this, it will be remembered that Michael stated in bis testimony before the jury that he had not used the Yai in three or four weeks, and bad never fired it but once.} ¥ Mary Cummings recalled—The first noise I heard was the boy ; he met me at the door; I asked him what was to be done; he told me to go back; I took the boy to bed; he said the robbers were kill ing his mother; that his mother eaid, “don't, Alfred! awhile after Fyler knocked at the door three or four times; I got up again and went to the door; saw Mrs. Fyler’s feet; iar said I must do as he told me, that I must sa i first heard whisperiog ia the room; I told him that Hevry said that his mother said, ‘don’t, Alfred;” he told me to tell the child that abe called for Alfred; he told me that I must say that I heard the pistol shot and him batloo murder: when I met him at the door the second time he had his wife killed; I told him for God's sake, to my life till morning; he said I need not be ‘ airaid T would not be hurt; can’t tell what kind of dress Fyler bad on; he had hold of my hand when he said he was going out to halloo murder; he shat the door; have seen him in fits; what I say now is trae; I made a different statement on the former occasion, for fear of my life; I have not sworn now under threats; on Monday last, Fyler told me that he ‘would pot spend his days with his wife; he said he would live with me if I would consent; I decined; I was goiog west with my cousin three mouths ago; veers me not to; gave me @ ring then an $2 to buy a dress wi he ring was afterwards changed by Fyler fcr another, and my initiais mark- ed on it; this was in Syracus?; he brought m2 down; I started to go home and he overtook me at Waite's store, in the Wieting block; I went back; went to Lynch's store; started from there to go home; went to Split Rock that night; got out of his wagon new there; he said his wife was not jealous of me; there ‘was no fire in the sitting-room or kitchen, when ho rapped on the door and called me out of bed; when Fir told me he had put something into the coffee, he drew partly out of his pocket a small tin box; Fyler bad a shiny alpaca coat; had itou the night he ‘was playing cars; have not seen it since; Fyler had time to wash himself before he went out of the he said house and cried murder; have seen my brother's | ‘shown and recognized); Fyler kept a gan in | Bite room; I did not consent the first time that Fyler had connection with me; he took me by force; wards I yielded. Michael Cimmings, sworn—Three or four week; ago Fyler had my pistol and-snapped it (shown and nized); when Fyler smap; the pistol he did it with ‘his own caps; he went into tne sitting-room and got them; my caps were poor; they had the letters “G. D.”’ on them; I got them at Ken: nedy’s, at Split Rock; I burnt up the box that con- tained th . ent. poner Ngee closed, and the jary, after a short consal'ation, rendered the following verdict:— State cf New York—Oncndaga county, ss.—An inqaisition taken for the le of the State of New York, at the house of A’ Fyler, in the town of Onondaga, on the 21th day of February, 1854, and adjourned for the 27th day of February, at the hotel in Syracuse, from thence to the police office, and thence to the county penitentiary, before Gsorze ®anl, one of the Coroners of said county, upon the view of the body of Ruth Fyler, upon the oath of Charles Rust, Rect Chernin, ohn S. Phillips, John A. Clark, Thomas G, White, and Seth Hutchinson, d lawful men of said couuty, who being duly sworn to inquire, on the part of the people of the State of New York, into all the cireu nsiauces a‘ tending the death of Ruth Fyler, say, upon their oaths, that said Ruth Fyler came to her death on the night of Wednesday, the 22d day of February, 1854, between the hours of nine and twelve o'clock, by. peng shot with a piste! or gan, by sundry wousds inflic by 8 knife or other sharp instrument, and by the Very Mt her throat by the hands of her hus band, Alfred Fyler. Dated February 27, 1954. TERRIBLE ACCIDENT IN BattrMonE.—Yesterday afternoon, about two o’clock, a horrible accident o<- curred in our city, which has already resulted in the death of one person and will in all probability prove fatal to another. It occurred at the extensive ma- chine establishment of Poole & Hunt, on North street. It appears thata number of men were en- ed in the act of removing a very heavy flask the rear of the shops on Holliday street to the , when, for want of sufficient force, it shifted from its position and fell upon the ground, crashing beneath it the foreman of the shop, Nathan Fales, and another workman, named Courtney. The as- sistants immediately rashed to the aid of their bro- ther workmen, and Linen 4 them, they were con- veyed to places of , and the services of three or four surgeons obtaired. Fales had his breast in such an extent that the ribs were pase tl Mr heart. Ha) cay @ half r, in great , and then leaving @ youn, wie in deep afilction. ‘also was wounded tn the on and it 7 oe ceaeeeree thongh there are hopes for him. é flask is made of iron, ths sbout six hundred pounds, and is used for the Se | f tools ti Balti- more Times, Marc 1. Le aa Coxe nizariox Staristi¢s.—The annual report of the Colonization Society of Virginia, for the year 1853, prepared for the annual meeting of that body, Presents some highly interesting and encouraging Statistics. The emigration to Liberia from the Unit- ed States has been as follows for the last five years, . 83 The emigration fr four years past, Since the reorganization of the State Society, has been as follows:— 1851 107 1952.... “M4 1353... een an encours zing rate of increase, aud One far exceeding any other State. Virginia sent more emigrants to Liberia than all the fiee States ‘together in 1853. Torrie Marci on THe Icv.—A very interesting trotting match took place a few days ago, on the ice, from Sami '8 Point, St. Anicet, to Dundee, uel Rankin’ & distance of fourteen miles, between the “Blue Bon- net,” owned by 8ml. Rankin,and the much renowned American ‘Walk Over,” owned by Angus McIutosh, Keq. “Blue Bonnet” took the lead, and kept it at his ease, the American “Walk Over” following at some distance, not Keeping in sight of the former the | most of the way. “Blue Bonnet’ made his trip in tiv one mide tates eens Fed at ver” made his a) C8, & good | deal jaded, and the inves much excited at the pre x pected event.— Montreal Herald, Feb. 28, Dsatrn yrom Hyprorsosia my CHARLESTOWN, ‘Mass.—A lad about sixteen old, named Ho- mans, died in Charlestown, at his residence in Joiner | street, yesterday, of this disease. About six weeks since Homans and two other lads were bitten by & mad dog, which was killed immediately thereafter. ‘The symptoms of the disease did not make their ap- | last. His father ia at present absent from the Last evening the Mayor and Aldermen of held a ial session, |} and instituted measures for the nation of the whole canine race in that city that hereafter found unlicensed and Thunuealedss- Sites Tra- ‘» March 1, | Tar Fre DerawrMent oF Provivsyom.—On the | Int instant the fi nies of Pi Re I., | ‘one a, sorrendered thelr engine axa Be egeed —-\arealedaaliiand Golivered to the | and 10 be sent to the school cfilsers, proper ventilation, designating th that stem to be ‘defisient in a particular #0 essential to the ccmfort and health of the scholars attendisg them, = suggeations as to the be:t means of remedying the er REPORTS, Of Committee om Repaire—Rroommondiag that $5,000 be appropriated for the alteration of the hallof the Board of Biueation, Adopted. Of the Auditing Committee—Sabmitting bills for sundry Becessary expenses of the Board, vis. To E. O. Jewkina, for is To A Gilbert, for pi Te A. L. Shij oom. document fi! 17 26 To Charles Ri ey, for cleaning hall, &s..., 80 00 with the ‘ollowlng resolution, “that said items, amount- fog to $251 97 be paid.” Adopted, Of the Committee on Supplies—Ac versa to the propo. nition of Meters Sperry & Uo., for the regulation of clocks in the achools, Adopted Of the same—Recommenting anappropriation of $5,000 for the payment of bills incurres for becks, stationery, &., furnished the Depository. Adopted. Of the Committee on New Schoole—Recommendiag the organization of a néw school in the visinity of Second and Third avenues, between Thirtieth and Thiriy sixth streets. Adopted. of the Committee on Salaries—Recommendiag thet Stinsom Molvor be paid the sum of $660, eee for services as second assistant teacher in Ward Sohool No. 24, in the Sixth ward. Adopted on a division of 27 to 21. Of the Committee on New Schools—In favor of an ap- plication from the school officers of the Eighteeath wari for authority to organize @ mew school in said ward, ASP a Special C ittee sypointed to inquire into the . om! ju music into schools. Re- penety of introducing v: ferred back to the Committee, The report of the Committees presented to the Board on the 15th of February last, recommending certain amend- ments = the School law, was then taken up and disoussed by stotionr. "On mefiow, the first amendment recommente4 was car- ried,viz, : thatto thé sesond subdivision of the ssoond seo- tion, (page 16 of the ‘‘Manual,’”) after the word provided, add, acd also one or more Assistant Superintenieats, whose dutier, powers, salary, and term of office, shall be reguinted ard determined by the Board of Etucation; alsé to appoint a Superintendent of Repairs of School Boildings and other premises, under the chatga of sald Board, whose duty, powers, salary, and term of offise shall te regulates by the said Board, avd to employ un- ar sech Saperintendent necessary workmen, and provide mec*scary materials for repairing and alteriog school and other buildings under their charge. Bat this provision shail not be constrne! to compel the use or employment | of such workmen or materials by the truatets of any ward for any purpore whatever.” keoond amendment proposed by the committe: was lata the table, on motion to that effect. | Tbe third amencmext was carrie’, as follows: that to subdivision seventh of sec'ion tenth. (page 27 of the “Manval,’”’) aid, and to notify tae Clerk of ths Board | of Ecnostion, at least thirty days previous to auy general | election, of any vacancy that exist ia the school ef- | Boos of said ward at the expiration of the then present | Jeor, wiih the cause or reason of such vacancy or vacan- The next amendment, which was carried, was as fol lows:—The last Parag h of the first restion of said act, ea amended June 4, 1853. is hereby farther a ac to read as follows : Every school officer shall, entering on the duties of his offics, and within fifteen days after the commencement of the term for which he is elected, or from the time of being notifieiof his appoint | ment to fila vacancy, take and sabscribs bsore the Uir rk | of the Board of Education the oath preseribad by the com | stitution of this S ate; and any rohool offica to which any person may be elsoted or appointed in raid city shall | De deemed veoated on the omission <f the peraon #0 elected or appointed to take the said cath within the time above prescrived.’? “The Board of Education shall be j1dges of the election Of sppointcent and quell ication of i members.”” The last proposed amerdment, of converting the title 'Pab io Schools” into Common S:hools,” was, om mo- tion, laid upon the table. . ‘ ‘ithout zdopting amy farther steps [n relation to these propcesc amendments, the Board then adjouraed. | | | Brooklyn City Intelligenee. Disp iv an 4Poriecnic Fit—A laboring man, aemed Cox Tracey, was fousd cead cn Wednesday, the vicinity ofthe Wallatout oun*; by hit son, a | lad about eleven years of age. ¢m discovered he was | Ipizg on his'feoe, and from the eg cenieere pe his clothes, and frcm the ciroumstance that two mem had been seen in his cow; ebout half an hour previous, it was sup | that he been mu: and Assistant Captain | Nash asd officer of the Fourth district po ise, pro- ctedid to arrest the supposed perpetrators, who were | locked up‘or examination. The Ooroner was immediately | summosed, apd held an irquest, when it was whowa that Cooeased had attenied a wedding night, in Jobnzop street, rear Division, which ci not | break up til morning. It appears bis companions ac- | ccmpazied him part of the way home, and then left him | slone, He had not proceeded far whea he was pros- irated by an baw fit, apd died, his friends not beleg aware of the occurrence. The verdiot of the Goro- ner’s jury was in accordance with three facts, and the men who had been arrested were subsequently reloased. Deotased wes an Irishman, about forty years of age, and leaves @ wile and several ohildren. ADVANCE IN THE PaIcy OF CaRTAGE.—The Common Cona- cilhas acopted an ordinance which increases the pri Bow chs: ‘by cartmen for conveying ¢7035, faralvare, &o , ope third above the preseat rates. By this arranzs- ment the price per day for the services of # cartman ia #4 instead of $3, as heretofore, and houssho!d farnitnre will be cha: ged $1 75 per loed inetead of 75 cents, as now. The ordinance is to take effect immediately. InCENDIARISM.—An attempt was mace on Monday night Inst to set fre to the two which were saved from destruction by the fre im Second plsce, on Friday last. Combustivle materials saturated with turpentine were fourd in severel of the closets, and from appearances had deen ignited, but died out without causiog any miscbief. It was alco foucd that a new building ia the viciuity of the above kad been set on fire, and the floor of the sesond story burned through. For the want of sufficient draught, however, the flames did not epread, and but trifling Gamage was ogeasioned. There can hardly be ® donbt that the recent fires in this city were caused by incen- Giaries, and yet no efforts appear to be made to appre hend the guilty parties. Faran Aectognt at 4 Disri.cery.—Oa Taesday afternoon, & Mttle boy, about eight years of age, lost this life at the distillery of Mr. Wood, om the corzer of Flashing and Franklin avenues, by beiog crushed usder a large feed box. It seems he climbed npon' the bor, which was standing cm ond sgainst the building in the back yard, end in scam tieg to jamp off it feli upsn him, causing icatant death, His body was conveyed to the resitencs of his tone yh igre ea by officers A'ex: ft aod Sprague, o! @ Fourth éistrict police, Hts father is abeont in California, * i Ccuvicrip on 4 CHARGE OF ARSON RY THE CoRONER's JURY. —Coroner Bail yeatercay iaventigated the circumstances sttendirg the death of John S,encer, who Jost hiv Iifs in the re om the oorner of A‘lantic and Smith atreste, on Fritay last. The jury found « verdict in ascordanse with the facts, and from evidence elicited ascertained to their sat sfaction that the house fm which the fire oriagi- ' Willism Wilson, had brem ret on firs by said Wilson. ‘es e Asin a fa bagel 4 are now in on char, © Case jtvea to the Grand Jary for thelt vetion. ware Taxing Nox Ruepsars is Nuw York —The Brooklyn Commen Council adcpted & remonstranc) at tho last meeting, protesting against the pas of an act now Dafore the Legislature, whieh provides for the taxing of perty of non mts of New York ty, Rereonel pro] be remenstrance, s'gned by the Mayor and City Clerk, is to be transmitted to albary. Obituary, DEATH OF JOHN HOWARD. Tke Burlingtom, (Vt.,) Free Press gives. the followlog account of an old and respected eitizs: We ars called upon to record the death of one of onr oldest and most respectable citis'ns, John foward, aged eighty four years. Gis death as already annonaod, oc curred on Friday, the 3éth isst. He leavesan widow, with whom he hes lived in the peaceful ani u rapted bg ea of the marriage state for over Atty & i also three sone—Mr. Sion E. Mo’ moerobant, of ee tome Daniel and Jona P. Ho Inte of the House, New ¢ fore last named were ' mencement ¥ mr mber, rection of Past Grand Master tty the previous | The Widening of Wall Street ~Very Impor. tant Argument, SUPREME COURT. Before Jatges Mitchell, Roceevelt, and Clerke. Mancu 1 and 3.—Jn the Matter of tht Application of the Moyor, dc., of the City of New York, relative to the Widen. ting Walk Strect.—The following is the prelimiaary state | Mont of the facts of this case:—On the 4th of Jane, 1851, | @zesolation was passed by the Common Counall that | Wail street, on the northorly side, between Broadway and Naavau atree}, be widened four feet, and thet the Counsel | to the Corporation take the necessary legal measures | therefor; except that until June 1, 1860, the butldiag on the corner of Naaadu strest should not be required to be takem down, Oa the 5th of July, 1851, an order was made by the Supreme Court, om tho petition of the Corpo- ration, appointing Commissioners of Estimate and Ae Kensritnt, and describing the widening, without noticing | the exception, the Court being of opinion that the ex- | ception was void. The Comorissioners made thelr report, coptaiaing, pee other #) , #0 allowances to the Bank | ofthe Leas ituated om the corner of Broadway, for | ths land taken for the widening, but mone for damsges to the building thereon, the same having been put upoa the lund after the resclation for widening the street had pasred the Common Council. The bank objscted to the Gonfirmation of the re, Oa the 0th of Auguct, 1652, | an order was made at Special term, declar! she re- boat ey ag because it ot allow for demages to @ building, but denyieg the motion to confirm the re port or to reftrit back, on the grouad that the resolution ‘was void by reason of the exception, From this order the Corporation has appealed to the general term. _. The points submitted to the conrt, for the Mayor, ‘the city of New York, spvcllants, are as follows:—1, Whetier the proviso in the resolution directing the im- | it, mace the eye vol’, is = question of Farieai m, and the deter ‘tion of the Common Ooun- cil might have been reviewed by a common law certio rari; and the decision of the court, on appointing oo: missioners, that the resolution was vali, might also ha: reviewed. The aszertiou of jurisdiction by the Vo mom Council having been acq aiessed in, the bank ta of eluded. Tue decision by the court afirwmiog the ja-iadt tion, alec concludes the bavk. The qusetion ts res adjudi- cata. (28 Wend. 277, ex parte Mayor of Albany; 6 Li. 564, Starr vs. Trustees of Rosbestes; 11 Id. 160, ia ¢ matter of Albany street; 10 14, 697, ia the matter of Joho ‘end Oherry streets; 1d. 651, ia the matter of Willism a fever Aleem per Bronzon, J.; 2 Hill, 26,28, im ths mat ter of jot Morris square. 2. The bavk having acted under it, and mominaty’ on- of the Commisioners of Estimate and Asseasmoat, is estopped to deny the validity of the resolutioa, ant ths only question before the court on ths motion to oonfirm, ‘Was the validity ef the report of the comarisstoners. 3. The resolution was valid. lst, If the exception was an ersential component part of the resolation, thea the widening was ofs0 much of the street only as was rot Opposite to the excepted building. The Oommon Coun- cil bad authority to widea as much of the stree: as it shou'd judge prcper. 24. Ifthe exception was not an ecsential component part of the resolation, it should be rejected as repuguant to the resolution, and therefore void. It isa settled rule in the oors ruction of statutes that e saving clause, repu; it to the of the ach, is void, (Alton Wood's conse, lat Coke’s rep. 4’ 4, The damage to the building of the benk was proper!; disallowed. It was put up after the widening was ordered, ‘and in defiamoe of the Common Ooaneil. The bank p! it there in its own wrong, and to g.ve compensation it would be giving it an acvantage for its own misconduct. Such a rule would put = weapon into the hands of ob- jecters fatel to public a reyes (Matter of Farman street, 17 Wend. 649, in 1836, 8. C. in Ot. of Errors, in 1843; Jackson agt. Mayor of Brooklyn; Hicks azt, Mayor of Brooklyn, fn Court of Errcrs, Dacember, 1843.) 5. The Li oe hep ky should have been confirmed. But even if it been ¢rroneous, the least that the court should have dene was to refer it back to the same or other comwtssioners. The following are the pointe submitted for the Bank of the Republic, respondents :— 1, The order made in this matter, at special term, on the 9 eT 1852, ia not appeslable. 1—It was not vil astion, nor in @ proceeding supplementary tion. (3 code rep, 148, inre. Fort Plaia and Code of Proceed, sea. to an ext Cooperatown Plank [oad Company. 823, 8, 249 and note ) 2—in this district motioasfor the confirmation 6f the report of Commissioners ot Estimate and Assesement in street cases are directed by law to bo made ata term of this court, (Sessionlaws of 909. sec. 1.) id Msyor, Aldermen ard Commonalty have n> peal from saic order, if it is appealable, I: wi i peoial proceéding inslitated for tl of taking land for » public street, A? the pre: of that proceeding they have aequized no right to, : Yerest in that land,—they canovs acquire sach interest itil the ocnfirmstion of the report of ths commissioners. it . Iawe cf1813 {2 vole. pp. 418, 414, 20 Wond, Rep. 618. | the master of Anthony sirest.) 8. The order appsaled from i3 not erroneous—if it be assumed for resent that the court scq aired j arisdis- tlonin thia matter by tue reselution of the Ucmmon Couvail, epproved by the Mayor on ths 4th Jane 1861. The Hank of the Republic hed-an abvolute legal rgut as the owner of the land at the corner of Broadway and Wali strest, tc erect thereon its banking house, which is af much its private property aa tie land on which it stands, aod must continue so until it ba taken for public tse according to law, and just compensation be made therefor. There wag and ceuid bano order of the Com won Coumoil reatzistieg or impairing sash legel right, 1 the remotent degree, by way of sotlee or other wise, Ua 11 tbat land shall have deen so taken, and jast cou): sation shall have been made therefor, the privat) ricvt of the Bank of the Republic to make improyem:) # thereon and ty the use acd enjoyment of such Janis d improve ens, oould not aud canuot ba eneumbare i wi n any restriction or qualification wnat ¥ oy the Hoghost legislative power of the State repressntiig thy right cf eminent demain, por could norcan its oleim xnd right to jast compensation for lost and damage ia roa sto 1 ing house, which mast be de: be veal Sapa? vicenivg of Wall street should Cofeated cxrimpaized That jas coi) lac iy fall incermity for euch Ia: asd damages, dirse: and oousennenticl (ey Lays ot 1818, vol 2p 4{4: 1 Wend Rep. 318, the ve. jor poratioa of Brooklyn; Wend Rep. dh ia the tuatter cf Canal etrbe'; 20 Wend. Rep 613, in the matter of Anthony stree of 1839, p. 1, FS ees 2 a trict of the city of Pittsburg: 2 Joha | mer we. the village of Ni Corporation of New York vs. . Hicks.) Until the confirmation of the rep: mnisloners of Estimate and Assessment, the Corperation may discontinue all procsedings relative to this improvement at their pleasure, without making com- peneation to any person sflected by it. While the Beak of the Republic until then, a period of duration,” if Geprived of the right in the in to improve and use ite land ‘in the only me in which it could be ea- c 35 Pi lapto; & Paige Ri: | | w for any loas or damage sustained thereby. and statutes Isst cited.) Any law which taken from the owner of lacd that right without m: Jast compensa- tiom therefor, 1s avconstitutional and void. 4. The statute uzder which these proceedings were taken, though it may have been valid when saacte! in 1813, ia repugnant to the existing constitution of this State, which ceclares that private property shall not be — for Lop athe) Bate gee ee yea ttn a statute provides private property may be taken with- out the consent and Rzalastune will of the Owner; that ‘the Corporation shall become and bo seized in fee of such property, on the final conSrmation of the report, and may jcomediately take poreersion of it for public use, without making any com; taken. It exemp' the Corpora ion from ary obligstion to pay such compensation for four months after {t invests them with the title and gives them the po: possession of the property. It maki quate provision for the ent of such compensation at — time, It gives to the owger from whom the property is taken nothing but aright of action ageiaat the Corpo- ration for his compensation, and does not even give him that until after the expiration of four months from the confirmation of the report, and then only after having mate lous spplication for payment; aad it provides that herhall not be entitled to iaterest for any period eu which be may have been deprived of his property anter to such application, This is neither just com. pensation nor com; tf 6. The Scpreme acquired juriedistion in thie matter, and its order for the appointment of commissions cf estimate and srsessment, waa mace without legal suthori'y, The record of the proceedings cf the Common Council shows that, in the opinion of the Mayor, Allermen snc Commons ty, itqas not mectssary fo: the purife con venience that Wall street shoul be witened from Brosd- way to Nasran street, at the time the resolation was |. (2ee Gace, p. 149. Rev. Laws of 1813, sec. 177, p. \e.),2. The Mayor, Aldermen and Comm:zalty have ‘ag required by the act of April 9th, 1813,) ordered and eoted that Wail should be widens’ four feet on ths ide thereof, the whole distance between Broad: way and ‘Naraaa street. Ge ease, Phi , 149. 6 Wheaton Rap. 119. Thatcher v. Powell, 4 Hills, Bep. 86. Shi y. Spe pr ar.) 3. The rescia‘iom of the Common Cunell joved by the Mayor oa the 4th Jane, 1861, was void b Feacon of the ¢xs#ption therein contsined as to the baild ing on 1he corner of Wall ani Narsan streets. The sai: resolution deolared, in effect, that Wall sirest should bs widened four feet oa the northerly side from B-oadway to Nassau street and thet it ehould moi beso widened. It Gistinet and unconditional order or direction i oa oaets My mp a v atges of t. 64. Davison y. Gill, 4. If thé said resolatioa ? tae Common Cvan- ne to make ay other than itional order and direction, Suffolk, 24 Wend. 249. 1 Eas eited in 20 Wend Rep. 249) 4. waa valid as an order sud direstion o! cil for the widening of Wail street, in avy respect, it was fot for euch widening of Wall ikea ome sioners wert ment for, or ts a ment reported by them. 5. A jurisdictional o>jsstion may be taken at any stage of @ sult or ling. (8 Wei ‘poi 124. 1a the matter of Wesley. 2U. 3. Di- Ke ietion,) p. 675, sec. 81. 3, How, Miss. Rep. pty. Newtom. 18 fermont Rep 175 Btoughtm y, Mott, 9 Hill Rep, 159, Delafield v, The State ul toils, 9 Cowen’s Rep. 227, “Latham v, vaeaene ©. It the aforeraid constitutior al and jurisdictional ob- jections should rot prevail, it is insisted that said report of the commissioners should not be confirmed, bat thet fudged thet ppt ju report was erroneous, Comptnsation was thereby estimated or allowoi to the bank for damage to their building.’ 1, It appears on its face that te compensation and recompenre allowed and entimated by them to the Bask of the Repubiic, was only for the value of the land of the said bank taken for the ae widening of Wall street. 2. It also appears thereby, tench allowacce and estimate were so mae, mot a; ‘the judgment of the commissierers, but becaure they bai been advised by the Counsel of the Corporation that ssid bank was entitled to compensation and re- compenre for the value of h land only. 3. It was not the duty of the said tk H &3 HH i 4 i § = | LL Oth, 1818, seo, 188; 3 Rar, setter ook ohn, Rep. 29 | 17 do., 4¢8; Hopkins va. Fiyn, 6 Co Curtis, 9 Wend. Rep , 17; Downing va, Ruger, 21 Wend. Rep , '178; Crocker va. Grane, 21 Wend. Rep, 211; Wool fey va. Tormpk’ as, 23 Wend. Rep , 324; Oakley vs. Aspin- wall, 3 Comst., 647.) 1. The order appealed from should be affirmed with ta. Common Pleas~Special Term. Decision by Hon. Jauge Daly. IMPORTANT TO MORTGAGHES AND ERCRIVERS Manca 1 Joseph a. rescnrl a ren tec nor fa, bape, Do valld objection to ap; & mortgagee re- wien Such appointments have been sanctioned bourts of equity. (Davis vs. Banks, 13 Law Journal, N. J. oh. 134); but this _ shows ae roe ee better 4 rf ® party on’ disinterested, or & mort- ene not be selected except in cases where it is clearly for the benefit of the estate, The sppointment of ‘the mortgsg?e, appears to bave been with the concurrence of all parties; at least i} does not appear thatapy objection was mace, He was tha first Hy] having prierity over al\ other incuw brances, and it oo pot be expected or required that he sbouid, in the exeention of bis trast, do any act which m! gee ; Seasloa Laws || joyed,”’ hss no compensation mate or secured toit by | (300 cases | ‘tion for it before or whenit isso | , fence must be svstained. His or impsir bis owa security. (Barney v3. 39 od Walk. €47; Bryam vs. Cormack, 1 Cox, 422) H: bound, however, to execute it insuch # manner, thi while consistent with s due preservation of hi own tights, he should evince due care and ro gard for the righte of the other parties interested, Ha claims that be went into the possession of the propsr- ty aa mortgeges and sold it as mortgagee. Even tf ho could, after bis sppointment, thus Civest himself of tha (fice of receiver, avd act solely in his ospicity as mort gagee, he bad no authority as mortgagre to dispose of ‘he progerty in the mavner in which he did, Hy put up temectbe ‘ty thus disposed of consisted of th: icn of the property ibus of tha ua expired term of H-rtom in bape a oe under two leases which had been assigned by bim by way of mortgige to Robbins as secu ity for $5,600, The sesignment of ta6.0 leases wana mortgege of an inierest in and, and tne mort- gage beirg io default, all that Robbins could do as mort- Bagte, at the farthest, was to enter into posession and retain it until the expiration of the term, if the mortgsce+ @id not redeem by the psyment of the debt; for if he hed to obtain satisfaction of his debt by a sale of the hounsheld interest, he would have to bring an action t> foreclose the equity of redempticn, and for a sale, under the direction of ‘the Court, or, if the mortgage con- tained s power of sale, to proceed. by advertisement aud notice, im ths manner pointed out by the Sta- tute, (2K, 8, 632, 3 Ed.) He appears to have been advired, or an it has be ment, that, as the leases were bat for thres years, they’ might be treated as personal property; and sold uncer the mortgege as such, Lsaseg for this Hmited period sre excluded f:om the a provi. sions of the statute providing for the recording of convey- ances. (21 8., 682,84 Ei) Bat this does not convert them into personal property. It dispenses with the re cording of them, but ‘does not alter their general nature and character. Taney are eatates for years fhey come under the general denomination of the atatute, of chattels real; (2. 8, 8. 5, 8d Ed,); an intermediate hind of pro perty, possesuing that igmotiiity which Ia distinguishing attribute of ren] estate, while lacking the indeterminate Curation eszential to the fall definitions of that term; which, ia the di:tinstiea between things real and thicgs persoral, appertsin to the div stoa of things real. (3 Steph. Uom., 65.) Jessen in question are subject, tike real Property, to the Hien of jadgient and dearees, CARS , 464, F. 6, acd 245, #, 188, 34d), though, as at common law, the lexrebold property would para co tha ¢xsoutor and not to the helr, (28,8, 147, # 6, 32d.) A mortgaze, therefore, upon « least whatever may bethe period cf its duration, is s mortgage of an interest in land, eszeatially istingtishable from a mortgege upon pertomal propsrty. But Robbins did not eater int) porsesaion s¢ mortgagee. Nelon swears that after his appointment Robbins went. to the saloon, called one of the clerk’, read oror to him the order of appoiztment, and put the clerk in oharge un- der him. Roboins, on his part, swears that hs out the clerk in possession, first, for the property deserlbed 1a the mortgage, and afterwards, by virtue of his appoint- ment as receiver, of all other property on the premises delonging to Nelson, It does net appear that trsrs wi an; svitent that ever;:bieg there was embrazed ia Kobbian? mortgages, for’ he disyored of it all in the aale he claims to have made hed oe og He does not deny ee over to the clerk the order appolating him receiver; ant it ta equally evident, whatever hy may have ¢oacluted to do afterwards, that he mesnt to, ard aid, take pousession as receiver. I: was his cuty to do so. Wastever may have been hie rights as mortgagee prior t» his appointment, he was bouud, in the faithful execution of the trast he bad afsumed, to go at cnce and possession, es the officer of the court. It would be iscon- sistent with the natore cf the duty he nad ua Gertaken to perform, to defer iis exercive nati] he nad obtained the payment of hisds>t by procerding sgains: ¢. This taking posseasioa as ited bls obtaining tke eatls ff the property. da cou!) ail the Cuties required of Lim aa josetver sith- slightest way prejatiolag or tmpatricg tne had so mortgeged upon ths property; o: if it to bia 14 continue ia the prsition of ‘tarecciver he rhonid not have se- Having accepted it, he rauat possession ef the agent of + p posae.sion both an mortgagee, with the right to prccsed in ef! There can be but oxe porsesion wero both unite ss inthis ess, in the simapersom, @ad ths; ia ihat of rvcoiver. Having come into possession as rectiver, it was bis duty iu the first iastares, to sell the right, title and interest of Neleon in the property. This wouk have enabled the plaintilt to proteot himee!f by purchaslog that ioterest. As purchaser, Gould weuld have been sud- roeated to allthe rights of Nolscn, and have been a blzd tuerc*y to content ihe validi y of or the amzunt due . bs to iy gharacie: tween Nelson and erton. He could have pald off Robbins’ mortgage, which was undisputed, and that +f Foge, if it was » prior equity, end with the advantags of a party in possernion, have diaputed th Rubbins cauld not knew, | thes m'ght have been willing to gi fon'e interest, and if anytl been for it, Gould would have derived the As s purchaser at the sale that was mate, | Gould would not have had the same advaatages, for he wonid bave had, according to the terms of the sale, to pay the whole of the pure! money, which would have passed into the hands of Robbins, to be paid by him into | Court, after the psymont of his own claims, subject to the claims of the other parties in interest, according to priority A sale of Nelson’s interest afterwards not bave plsced Gould ia as good # position as if it had been told in the first instazce, A disposition of the whcle of the property to Edgerton materially change’ the perition of the parties. From the manner in which that sale wan made, it would not bar the equity of redemption au to the hou:ehold interest whish might pass to Gould purobaser; brt aa respects the rest of the property, | Edgerton, es purchaser under a m: sale, would ac juire an absolute and unconditional tiils. (Patchia va. Bierce, 12 Wend. 61) I doubt it there was any attempt | on the part of Edgerton or of Gould to prevent competi. tion at the ssl, but the sale was an irregular act on the ait of t nd should for that reason be set ide. The receiver will be directed im the first i1- a staxce to sell the right, title and iaterest of Ni | son, whem he can, it be wishes, d, | may proceed thereafter to mak absolute le of the whole property in such s mavver as to bar the equity cf‘recemption, leavirg the parties in interest to purene their remedies ia mene to auy surplas that may be over, after the satisfac! of his claim, or if the ree upon any otber or different mode of dis- posing of the property and the distrioution of the tani ariing upon the sale, an order in conformity to their sgreement may be entered, There is no objection to this application being made to the Court by scotion, The sale was equivalent to a sale made acocrcing to the in equity & reorlrer, | under a ezecitcr’s bill, after decree, ia whioh case it was not meceraary to file & pew bill to set aside the nale, if irregolarly msde, but a euvmary application to ast it wrice ard for & new ssle might be rande to the Court upon motion, The proceedizgs supplementary to executions are intended as a more expedi ‘ious simple remedy than @ oreditor’s biil, and where ample relief can be afford mo'lom, aud a'l parties to be affected are served with xotice of the motion, there is no oeassion for bringing on acticns,which is more dilatory as wellas more expensive, Before Jadge Iograham. March 2— James W. Swwage vi the Farmers’ Fire Insu- rance Company,—Thia case, which we published im oar is- mae of the nlt., bas been before court ever sisce. Tt will be re: bored that the action was brought o28 7 of insursuce for $1 750, and the defence set up was ry? sre aber bay Ltt wilde web y & Kee! K self, m the contract. The court barged that there was n0 eviten:9 to warrant am Imputation of arson against Gordday, ('! coonpont of premises burnt, who had ayigned to ut) Tas ‘tion that the policy was vitiated on ¢! ground of fraud, was divided into two branches. The proof of one—'l of the alteration cf the involeen— rested solely on the evidence of the clirk, called on the art of the piaintifl. If his testimony was trae, the de- ee weemsd to be Grewn from him anwillizg'y, aod he was positirely con- tradicted » Goodday. ‘bether he was worthy of credit was 8 point for the to determine As to the alleged removal of the goods eaved frcm the fire after it took piace, if it was Gone for the purpose of lewening the stock attor the fire, it waea fraud. Tne sole qavstion to bs Je- termined was whether the charges of fraad hed been sab stantisted. The Jary retired ata late hour on Wednes- pn Po yesterday the jury found « vercict for dsfend- ani Distnrevrion ov rm Ixcour or rie LIrgRATURE Foxp - Ata mectivg of the. ‘ta of the University oa 134 of Februai 1864 the distribution of # 0 of income of the aud United Sates for the lest pam made among the sever: fons awarded to lnttations'in thecal at Nee, Yor ou eo ow Yort:— Draf end Damb Institution. ~y4 $190 50 University Grammar School., 185 97 Conference. Be: . 1,118 63 Free Acacemy,.......... + 862 29 Odiam bia Coliege Graemar Boho! + 90819 Ratgers Institute....., Matt, Ropsy.—The Wheeling mail bag was stolen cn the 21st ult., at or near Zanesville, and robbed of ita contents. The bag was found the next morning in the Musk! river. No estimate of the loss ean rr Neate ek tans usoal!, amounts calor pal ere Oat eu by | it at auction and sold it ia ove lot. A por- | en aseumed upon the arga- | other property there belonging to Nelson Ans tt ia | upon the recond mbrtslth, which Id iow Ia Mllzation be | AFFAIRS IN ALBANY, | INTERESTING LEGISLATIVE PROCEEDINGS. Temperance Debate in the fenate. ACTION ON IMPORTANT BILLS. THE CANALS—DHE KANKS—THE POLICE, &o,% &0, — &o, DT pened Correspondence of the New York Heraid. NUMEROUS APPLICANTS FOR THE FUNDS IN THE | TBRASURY—THE DIVORCE LAW—TIH sTRONG- MINDED LADIES—TEMPARANCE—O ANAL REPALRS— THE DANKING ACT, BTQ. Aaayy, Feb, 28, 1954, A la’ ge amount of business was reported in the Senate this morning, mostly of a character not worthy of space im the Henaip. Tals being a new Senate, the mem ers are besleged by applicants for funts from the public tres sury, whore petitions have been over and over again re. jected by former legislatures, Among the most promi nent of this class is Wm. W. Niles, whose buildings at As- toria were dettroyed by a mob of oltisens of Kings county, for renting the buildings to the Commistioners of Emigra tion, In consequence of which the ship fever was intro duced among the people. Having failed in obtaining remedy from the county of Kings, he applied to the Lo” gislature curtog several sessious heretofore, and, uaiform- ly Cofeated im obtaining thirty or forty trousand dollars from the treasury, is here again importuning new mem bers for the parsage of a law Inying a tax for the payment of bis Gemands. Alsrge number of petitions have been presented to modify the existing laws, xo that divorces might be obtain- | @d more easily, and Mr. Wm. Clark, from the Judiciary Committee, to whom they wore referred, this morning pre- sented a report, refusing to change the present method of distolvirg the matrimonial contract. Mr, B:ooks, in or- der that the petitioners might know the sense of the Senate, called the ayes and noes, when every Senator voted | tosustain Mr, Clark’ report. | Mr, Halsey intends to introduce @ bill {ncreasiog the | Dumber of wreck masters in Soffolk county, The frequent | disanters of vessels which occur on the beaoh, render it | impossible for the present number to zender the nectasa- | ry assistance demanded, | Mx. W. Clark presented the petition of the strorg mind- | ed femstes, demanding that women be permitted to exer. | | else the right of suffrage, Mr. Watkios, whose hoad is whitest in the Senate, moved to lay it on the table, un- questionably for the purpose of reminding those valiant dadies that they never can be allowed to vote, urless the | constitution of the State be aniended. The petition | was, however, received. I: would have been extremely | vgallact for « body composed of #9 large a proportioa of young married men and bachelors to havo refasod, | it was referred to a select committes, who ara ra: | ques submit s report in writing. Everybody will be ap: 0 #08 that document. A few mombers of the Senate felt disposed to present | | the members of the Court of Appeals and other offizial | digvitarien with copios of the Legislative Macusl, com- | morly called the Red Book, but a majority refused. ' The bil for the incorporation of mammoth companies | to pavigate the Erie cans] was again taken (9 consid | tion, ena discussed for one bour, aud thea laid»: | The private indivic uals who own only one er two baat | becoming aroused at ths graspin, ‘objets of the bill, aud are impressing upon Senators the fact that their busi- knees will be dostroyed if 6ush monopolies as are asked | for are permitted by the Legi+lature, | The beur for taking up the Temperance bill, delag | the specis! order, arrived, Mr. Lansing resumed tha chair, | snd the Clerk reed a few hections without any interrup- | tiom, Mr. Hutchins, of Brooklyn, olfered an anenémesnt declaricg that the bill shall be submitted to the poople, for their approval or disapproval, at the next general ¢lection; and should a majority declare {a its favor, thya | to go into effect om the first day of February, 1865, Tuls geatieman supported hia motion with » hii he acduced ral 1 | Vested regrons for lowed in opposition. fice himself to the propoiltion under oa Isbored to show that the act was constitutions!, aod cited several high and distioguished authorities in anp- | | port of his argumect Before conclading his remarks | | the committee ross. Tus very littls progress hes been | made in the New York Minelawto day. The Hoave ar | waiting for the deoiaiy: } rs scolding the House for thatr delay. | | lature, wheo it was ascertained that | the expense of keeping the canals in repair was inoress | wormoutly every Seaton, w propotition was subraltted | tolst cut the repairs by contrast, under the belief that moxey might be ssved the Stata ‘Nothing, however, was dore. Tais morning Sonator Fi-1a tatroduced s bill mak- | Ing the experiment, which, being the Arst of the kind, is thevght wortby of belog sopiad, as follows:— | An Act to provide for the Letting of Certain Canal Repairs | by Contract vy i Tho pecple of the State ut New York, represented in Senate | and Assembly, do enact as toll» Bea 1. The Cant! Commission efter the parcazo of thisact an public notion, let b to do sho santo nt a After giving reason 7eourtsos to she parson who snail elowort price, and shall givo Dirfermance of his contract, thy os and regula: eo. 2. yy may, if they shall see fit, ex: fract mca or other roction Pt from such | rials for, and the oonstenosion cf, say ified struiture, woioh may fail or require | in the period of eush contrast 3 Tho pera‘n fo contracting is horoby empowered to sue and reocver for all trespasacs upon the ean d urder cousideraffon they shoul) Gave gous farther, and | struck out boncs and mortgages altogether. Perhaps, | bowever, they bai in their mind the recent decision o Judge Pratt, by which the private fortunes of bond and | mort; bankers are held liable to execution for the payment of their circulating notes, 1: is to be hoped 7 enn Gin - warteibod by the Court of Appeals, w wi C uj foram opinion, But here i | copy of Mr, Sherrill’s bit ® Re | An Act to amend the Act passed April 10.1349, entitl amendatory of the Act entitled an Act to aahericn the Business of Banking, passed April 18, 1833, and the actt amending the same. Exc. 1. abe first section of ‘said Ook B, Sil cases to bo or to ek rroduaing an intereat of si ail net be I rt artwont to take su ) OF BLOWS their ourr x per eq cont per axnu: i inteadens of tre Banking & Fate above their par val There is alro some d Mficulty with » fe city of New York. Mr. Benedict, of the House Chairman of th« Committee on Banks, roe at an early perio’ of this | morning’s seasion, nad stated thet he had rescived car. tain information with regard to two barks of the ity of New York, of such # character as to require ths immediate action of the House. H+ then sont op the following resolution, which was agreed to, viz. :— of the city of Now me of oach banks {n the enc imetit le Ar iF resolution was also adspted in relation to the | Americhn Exchange Bark in the city of New York. | Answers are required immediately, as Mr. Benedict is not the man to allow any negligense in the matter, | Upcn the earnest request of ar Freterick A. Conkllog, who reprerenta the Fourteenth Assembly district of the chy of New York, the bilia relation to medical practios was token up. It {s commonly oa!lsd the grave yard dis section bil, for which doctors have petitioned for several . It anth oriees the dleseotion of bodies of such per- ho dis In penitent , almahoneas and State pric te eal mom for c!asestion, if not claimed by frieeds or relatives twenty four hours after ceatb, Mr, Conkling ocoupied the time of the Hcuse for sn bour in ite support. Amovg his remarks he stated medical mea of the city of New York inform him ly there ere more than six hundred new isinterred, and the District Attoraey, with years preotice, stated that mot sing'e convie- | tion bed been obtained under the present jaws for there cflences, For the purpose of advancing modi | cal soievee, ard permitting the sclenoe of gur- | gery to advarce with the" progress of the sge, and by relieving the meciosi ssbools from the bondage fa aup- ed aliiasce with fe who are calind rea rrectioniats, ir. C. urged the passe ge of the bill H. inded by re- — that the larger portion of th joots that would | be obtained under the act, and delivere’ to the eurgeo as, are those paupers who die friendlies in our almshonpes. Mr. Joy strongly opposed the bill, He said ihe bod! of crimivsis who are executed were frequently given to the sugeons, and appropriately used as « part of the pucishment for crime. Add not to the terrors of 1 + They are naturally suspicions. This bill associ- ates poverty with crime, and the ides of dying @ pauper is horrible enough; but wnen the thought of dissection ia added to that horror, it is sufficient to lea | to distrac tion, We irvite foreigaers to this country, and this bill legalizes the dissection of sil who may dis im poverty, How can tke friends of those strangers here, who are acroes,he ocean, c\aim the bodies o! their friecds twenty. four hours after death? Me. Ne Ig spe very teolle gly opom the question, and ccnel by remarking that there was no love on earth like that of the poor, one wih another, ea made on each side, and the | ‘There were other bill waa Coferred until another cay, The following bill ia now pending ik Committee of the ‘Whole Senate to prevent Trafficking in Lotteries ies and Gift Distributions. uy ork, represented in Sonate maid ore: or = tribution of any devios of chan Bieta aces Peele ein SSS ey es | eka u of to, by means of w drawing ve distefbuiioa ‘any property - 1 valt & jue ie jae Cia! fiatperia » athe ae or things in om may oot ‘Upor Viotio: Beeb eiterneae it cannot ed, * dollars, or to {ny of two years, or 3. The preceding seoti ‘ LA . writings, or irstruments, whered; of y Riel, op byveny represen 01 on the part of to parti vended, the person holding coive the same, shall te i, 0 yt in lots ‘id sections. ight and thirty one of act four, tite ty, part one of the rovieed statutes, shall ct. et be neoei to prove the actual existonoe y seat Totieny, ame, oe “sarie ot chan, bus in ol cases cre cof ef tho sale, turn! ning, wiring ¢f any tidket, ahare, oF ia therein, voree. § ing, or other ins i$ pur holding the seme to valle e to be entitled, to auy Any such lover ciens procf with’ 6. 1s shall nos ate rit any jedicteygs sot forth in of this not a copy of any pore, writlogs, oF instruments ficient to aver iT but it shall be certainty She fate constitating ‘ciibenelthe® Provisions of said sections og the aller jolations of the 7. This act shail take effect immodiately, NO CLOSING CAWALSON SUNDAYS—NO INCORPORA- TION OF LARGE MONOPOLIES TO NAVIGATS TAN CANALS—NO TEMPERANCE DISCUSSION—AN IM+ PORTANT INSURANCE BILL— 4 NEW POLICE BILL= ANOTH#E TO PROTECT THR LIVES OF PASSENGER ON STEAMBOATE—DEAF AND DUMB EXULBITION, Aisany, Maroh 1, 1854, ‘The Zenate at the commencement was engaged in mis. cellazeous matters, mene of which were of particular in- terest, Mr. Crosby called up his resolutions for closing ‘the caval looks on Sundays; but the Senate, by the om- pbatic vote of seven to nineteen, refused to take thea up. This will be the last of them, unless it be to reject them altogether. The Committee of the Whole took up the bill to incor: porate companies to navigate the Erie canal, The dis: cussion was quite amimated om both sides, A section offered by Mr. Hopkins prohibiting companies under the act from navigating the canals om Sundays’ reeeived « number of votes, but not sufficient to adopt it, A vote was taken upon egrecing with the bill, whem only six- teen Senators out of a full Senate, save one, declared’ im favor of it, The absent Senator is Mr. Zonas Clark, {s oppored to the bill. The probability sow i that it cannot receive seventeen votes—the requisite number to ascure ite passage—es Senator mow wtanda recorded upom the question, The private individ~ vals and small companies Mag i in navigating the oa- nale hay ason to thank Mr. Dickinso: » Yout and Mr, Williams for preventing the crestion of monster monopo- Mes which would, in kes than five years, drive all smal competition from the waters of the State. At twelve o'clock the Senate went into executive ses. tion, being the regular cay of the week, and remained with clued Coors some half hour. Nothing of conse- quence transpired. The temperance bill was not reached, but was made the specia' order for to morrow at eleven | o'clock. Mr. Brooks Is expecte’ then to reply to Mr. Dickinson, but is not likely to quote any more Scripture from the mouth of Seloman’sfool.sh woman. The smond- ment offered edeps fi by Mr. Hutchings, temperance law to go lato effest onthe first of Feb: Bext, will be carried, a1 also, probably, his other pro; tion, submitting the question to the people. These twa fentores appended to {i will have the effect of mulliiying off the eff rts of the ultra Maine lawites, Senator Hojkins lsid on the tabl ths present mutnal insurance law, some provisions which require look: An Act to amend section 13 of an act entitled ‘An act to provide Jor the Incorporation of Fire Insurance Companies” passed ‘Jan, 26, 1508, Tac poople of tho State ot New York, irepresomted in S¢- 10 provide fog assed J. Pp nate and Ateewb) an amendment te iat f tie profits are sccumel have been deposited with any mu! sureequsntly to its organiration, in minni on any insurance effected tho expiration of the time snd givon up to the maker upon his paying the pee whish may have occnrre directors or trustees of the right to ¢overmine ven in addition to ro0 ortien losses and exp: thozeon during such term, such company shall amount of the-mote to be hb preminm by such company; but in ¢ note be more than red, ahall thereby during the period insurance, and for losses of such oom pany, in proportion $0 the amount of bis deposi ne notes, es ‘The cirectors of such company shall at least once & your, and oftener if it becomes ncoeesary, assei Ht notes of auch company to an amount losees and jive of such Pp er siee of ani for and rec lads cntract, OF Any siructures connected thorawith, th ot) oralties impoped by law for tig like ofen hea | ed by a camal saporiatendont. “© 8) “n° WHOA | mens to recoy olen The Committee on Banks, through Mr. Sbi have | $e pay the lote or figes, in auch osge the laid « bill om the table ia r to the deposit of bank. | suderers insted b aye Bact nk | vw vecurities, Whilat the committee had the mubiect ™*HiRe xood thelr re lea, according 0 she eames by 3 bad no m oceaaloned. by fre or inlend navic. whole amount of it note.” ako effoot immodiat The bill introduced ‘in the Assembly this mornii by Mr, Curcming, for the more perfect organization of the Pclice Department in the olty of New York, contains these provisions:— ‘The Mayor, Reorrder, Oliy Jado, Jud Q.arh, apd dhe meratore of ane Boars 95 of of he Superiog tl 1a fod behavi {pr obiet vo she Boi pons, (Teo romainiag p y the commiss enere, residesce, eae! repors oxce in eix months of the oltee lary of tho comm! Boar Baperviso:s. The Polive to rema: sbail bave pow: fod for which t! present chief, who al auuary, 1555, iets six" otieae nat as seotion of the police ome Tie Wi ee Ukely to pass the Legisiature, Toere is anything but harmony among the ei Mi tion in the House. There is'no < tevmo agreement g of the Register of acd Mr Clinton. ;, the latter teat the bill might be oon Ja coms as there would be papers receive 2 morrow throw light ow the subject. Bat the House ordered it a third seating, aud it was subsequently Mr. Alihim, dest-ous of better seouring sengeTs O8 steamboats, and more partic boats, wi! present» bill, of which tmis is a Act for the better ¥ the tengo “beard Of steam ferry fm hy Ly A Mag od atere o ¥, do tant ae follows: satants Bye jam forry boat or ste: boat neviey Me ae sahere st hhtate a Sergers, hd who or paseege een eaen thee good » oars, in gerd condi ieee oer of which boats shall be @ 4 im all navigating the ioat Y iY on board of euoh vessels, nt in readiness fet on Rare. uh Be sh vessel asseugers shall preset with wot Thee than 30) te prosvtes ‘ r 89, cone! @ most approved See eaner y such vessel carrying passongors shall a! W208 ieas thn 9 to be Koptat ines ts teen st times in convenient and s¢- ai iculea thereot, Bay's Be upon jo 5 rece neat: Se aeisdiction by an son ee y Ake peo] such sotion ugh peatran or "aes one helf of the roso~ ‘very to zo to plo ef thi se, and the other half the peesom briny suoh so'icn; and the venue ia any #1 Sense Bad he nthe nsntes otveshings Sn “hee. 5. The verm steam ferry bea OF shoamere weed a4 fey ote in ira oombratenty Mit and ory oem wees ae oball take oot om the Aestday of Mag sr oat ied Staak eee Seats