The New York Herald Newspaper, January 17, 1855, Page 3

NO. 16. , LEGAL INTELLIGENCE. Court—General Term. MILLION AND HALF MILLION TRUST FUND CASE CAUSE AND CROSS CAUSE. JAN. 16.—Ourtis, Graham and Blatchford, Trustees, vs. |, Ogurt copcurring The decree or judgment of this Court was rendered on i) the Slet of December last, sustaining the trusts in the jj -ause, and adverss to the claims of the receiver. It di- rected, in substance, that ‘‘ the taxable costs’ of the rustees, and of the receiver and of other parties, toge- sherwith the amounts secured by tne trust deeds, be oaid out of the funds in the hands of Mr. Palmer, a spe- pial receiver in these actions; und if these were not suffi- dent, next out of the funds in the hands of Mr. Leavitt, jo far as those funds were covered by the trust deed wad were necessary for that purpose, The bills were filed n 1842, and answers put in and testimony taken and losed in December, 1850, The pleadings and proofs were ll in writing, and constituted several large volumes of rinted matter. The cause was called for hearing in April, 1.851, before Mr. Justice King, at special term, but wa: Miirected by » pursuant to the Judiciary act, to bi irst heard at general term; and it was so heard on the pleadings proofs in 1852. ‘The trustees applied to yne of the Justices of this Court Justice referred the aatter to the general term for directions, The receiver alao objects to the taxation, on the ground that he So appealed from the decrev an given security in $2: Pirbich he insists is a stay of ull proceedings, and eape ly to prevent any payment of moneys unver the de- feree. The trastees contend that the appeal is uo stay, nlesa there be security for the payment of whatever um the appellant may be decreed to pay. The Honiy questions now necessary to be decided a. Uvhether an appeal with accunty in $250 stays the ta: }ion of costs,and by what system the costs are to be taxed, issuming the view of sec 459 of the Code, that the Jurigment in these actions is to be entered according to fe, although the action was commenced before the e, then, according to sec. 311, the clerk is to insert n the entry of the judgment the amount of the costs able to any party; and the judgment would not be omplete without such entry. At common law, also,the jount of the costs to the Prevailing party formed a oper part of a complete judgment. In equity, also, the me practice prevailed before 1430, and then the only hange was to annex the whole bill of costs to the decree, nstead of stating the total in the decree. The Code (soc. 11,) adopts the common law practice. All, then, that fhe trustees now propoxe to do is to perfect their judg- Poent, not to execute it. Sec. 435 prevents an appeal on a peas directing the pay meut of money from ear: ig the execution of the judgment, unleas security be iven in tte amount therein required; and sec. 342 Liiiows such an undertaking as was given in this case to ‘atay proceedings in the court below upon the judgmont ppewied from.’ Proceediugs upon the judgment are hose which are in some way to carry out or enforce the dgment, a8 an execution or a judgment for the pay- Pacnt of money, or saie on a decree of foreclosure and ale, or process for contempt, or other coercive measures, Ir a judgment to deliver documents or property, or to xecute a conveyance, These modes of ‘proceeding upon judgment” are specified in secs. 335-6-7-8, and. illus } meaning of the general phrase afterwards used nd show that it is to be construed reference to those illustrations, and in analogy with hem. The taxation or adjustment o! cost not being an ution of or proceeding upon the judgment, but a 8 of complet it, is not stayed by the appeal. other question is as to the rule of taxing costs. To pierstand some of the decisions on that subject more arly, it may be proper to notice the legislation oo hich they were founded. The Revised Statutes prescrib- the law as to costs both at law and in chancery, and ontinued to control as to amount of costs in suits at w until 1840, when a new system of costs in such suits s adopted. ‘The general principle of the new system ‘as to pay for @ particular service acertain sum, wheth- it took much or little writing to p-rform it. The was not merely inconsi: it with the old in cas hich it applied, but it exp sly repealed soctions 17, B19, 22, 27, 3f and 32 of the Revised statutes . ‘These sections related to costs of attorneys and unsel in the Supreme Court and Common Pieas, and of he clerks and criers in those courts, (laws 1840, 40 and 2 R. 8. 682, 8.17, &c.) It how 38, that the act should not aff g commenced before that act took effect This saving ‘ction was repealed in 1844, (laws 1844, ch. 104 that after that time the Inw of 1840 was to apply suits commenced before 1840. At common taw, aud Mpove some statute, a succe-sful party had no right ts. If, therefore, in any case a rucvessful party \ claim costs, he must point ont some statute in foree, id not 1 which gives them to him, He cannot ‘® repealed statute, for that has and he is left, therefore, to claim them sder some statute in force when the judgment rendered. Accordingly, unier the joint effect of the ‘ts of 1840-44, costs could not be taxed under the sya m of the Revised Statutes if the judgment tained sore the act of 1844 took eflect, except perhaps as be- een attorney and client. (Sand, 5 .0. Brookiyn Bank vi sed Statutes were ado) , 182,) but declared that such report should no et suits commenced in any c:vil cause previous to the tuking effect—(id. p. 155,45.) Thatlert two aystems ice, and it is believed that quits so far as the services bh ‘*). Before the Revised Statutes, costs on appeal in q@in cases, from a Justice's Court to the County Court, ‘win the discretion of the Court—but the Revised Sta- tugave the appellant full costs if he rendered the }} jwent against him $10; and the Supreme Court held, fh the appeal was made before the Revised Sta- ti took effect, that the former statutes were repealed, hat thare was then no law regulating the costs in ciof that kind but what was to be found in the Re- wWStatutes, which, therefore, must govern. (Pe ple pl. Berry vs. Herkimer County Pleas 4 10.) This Phe decision on the ground that no ot law as to eibut the new one was then in force. A like decision same principle was mace in the Supervisors of a vs. Briggs, (3 Denio, 173,) under the acts of the Court beld that even in ruits com- re obtained awe "med before the act of 1840, if judginent aithe act of 1844 took eifect, all the costs wero to be ‘teunder the act of 1844—but on the ground that the pous acts as to costs have been repealed, and so be- @ totally extinct, the Court rai ‘When the 38th ota of the act of 1840 came to be repealed by the act ll the provisions of the Revised Statutes the compensation ef counsellors and at tar this court became extinct, and that Dis the two acts of 1840 and 1344,’”’ there ‘wn othe. act in force when the suit was terminated, the costs were taxed, bearing upon the subject. oa 175176.) This case is diferent. These were e¢ suits, commenced before the Code took eifest, ate Revised Statutes, as to the conts in such suits rn to this day unrepealed, notwithstanding all the aiments of the laws; they were not touched by the ‘ad 1840 and 1844, and there never has been any act ling them. They, therefore, may stand David Leavitt, Receiver, and others, (original bitl,) and s) Leavitt, Receiver, and others. vs. Curtis and others.—The ollowing opinion was rendered by Judge Mitchell, the d have generally been supposed | to have equal force where the ser vivere rendered under them. Section 459 of the Cas amended in 1851, does not by implication repeal th It makes the provisions of the code ‘apply to fuproceedings in actions theretofore commenced, as fol when an issue, of law or fact was to be tri thhe trial and all subsequent proceeding: afidgment to the proceedings to enforce, reach, mo- difreverse, is including the costs of an appeal.’ B ite terms it was to apply only to the future proceed- injthe cause. The bills of complaint drawo and in these cases, and the answers and replies also . drand served, and the testimony then taken, and ther closing the proofs, all constitated parts of tne pad not of the future) proceedings in the caase ‘wihe act of 1861 was passed. These services, too wal rendered under a reasonable expectation tha! there to be paid for under the laws then in force. ‘Vhaws do remain still in force, and have no applica- tialess it be to cases when actions were commenced (at was) before the Code took effect, and the costa had notbeen taxed, nor judgment rendered. They cannot be | sab have been allowed to remain for cases woece judént had been rendered, but costs not yet taxed; forr judgment the rights of the parties would be fix) on a contract, and the subsequent repeal of the lavid not affect such rights. It is also entirely con- tra the prevailing policy of the Legisisture to allow a lb retros) , oven where it does not impair a con- sly, the Code, by express terms, was not to y to these existing suits, except in the first part of shich relates only to the powers of the courts, (The statute ot imitation adopted im it was made tor only to future actions causes of action, ‘lth such statutes affect the remedy only. The titkhe Code relating to costs was included in the patich was not to apply to existing actions; aud whher sections were, rd the supplementary act of ‘Made applicable to old suits, this title as to costs ‘walusive from that act, except sec. $14, aa to costa enon. This shows a deliberate "ged on the part of egislature to save the right of costs for services air rendered, as they would a like right under an exjcontract, Such a clesr purpose, so consonant to * jus ought not to be defeated o apposed imptica- deetion 308 was quoted repealing all the old fee; but it must be taken with the qualification ‘coma in sec. 38, which expressly permits its appli- cate exin' suits, and then it will only read that thé fee bill «to fnture suite, and its. Then section 459 to such part of the that section took f. 4 ‘tide, ax expressly decli sult declares i same rection that costs are alldto the prevailing party by way of indemnity. If, ae tunsel For the receiver argues, and as the decision of tiperior Court 19 old bill i# to prevail the indemnity to the him what the law compels to his attorney result is that the Wode, enacted, did not repeal the ol4 fee bill as to ; and that although section 303 , a4 first enacted in terms, repealed the old prior sections of the Code, that repeal ap- plie¢ to future suits—thus, before sestion 459 was enache old fee bill was in force as to old suits, and Code ser- NEW YORK HERALD, WEDNESDAY, JANUARY 17, 1855. ) @xpenses and counsel fees. ‘The con' be such ax would cover all th: nes of the party, Ly great ipeurred in the suit, and those would clude for the attorney whatever might have been fairly 48 the services were rendered and tl it promressed. The taxing cer should proceed and tax ¢ costs on the principles above stated, taxing all coats prior to July, 1861, under the Chancery’ Fee bili, and all subsequent coate under the Code. Supreme Court—Speoiai Term. Before Hon, Judge Roosevelt. IN THE MATTER OF THK KNICKERBOCKER BANK —IN- JUNCTION AND RECBIVER—IMPORTANT DECISION ON BANKING AND FINANCIAL APPAIBS. Roosryxtt, J.—It is now about three mouths, accord. ing to one of the petitions presented, since this institu- tion stopped payment. Its creditors aver—and a large body of its stockholders join in the averment—that it | is insolvent; and the directors—those who now manage its aflairse—admit that “if the assets pass into the haods of a receiver, and are disposed of according to the ata. tute, there will be @ deficiency, and the creditors will not receive all that is due them.’’ True, the ‘nominal amount’’ of the assets is supposed to be about $600,000, while the indebtedness is but little over $200,000. But of what avail are such figurative statements in opposi- tion to the substantial admission already referred to made in the same affidavit? How perfectly ‘nominal,’ too, must be a large portion of that $500,000, wheu we find it alleged in tie leading petition of the stockholders themselves, and not denied by the officers, that “$260,000 and upwards”? consists of indebtedness by the late’ Di- rectors—and that, moreover, on a capital of only $400,000, Nor is this all—the present directors, anxious as they may be to retata the contro! of affairs, and able as they may be to manage them well, do not pretend that with all the nursing they propose to bestow— “reasonable indulgence’? to debtors is the oxpression— they will be able to realize more than “some little surplus to the stockholders’? The law provides (act of bth April, 1849,) that upon a hearing of the parties, on such short notice a¢ the Judge shall appoint, he shall determine whether such corporation or associa- tion be clearly solvent or otherwise; and thathe may require the ollicers thereof to exuibit any aud all of its books, pspers, nccounts, assets and effects, and to be ex- amined on oath touching the same before him, or a re- ference to be appoined by him. And to obviate the nice and difficult dtstinctio metimes raised as to what constitutes insolvency ; whether it be absolute and perma- nent inability to pay, or only immediate and temporary inconvenience, The Legislature have further enacted that if the Jucge determine that such corporation or as sociation ‘is pot clearly solvent, he shall make an order declaring the sume insolvent, and shall immediately ap- pointa receiver’? On the facts then presvated in the papers as they stand, can there be any doubt that this institution, if not clearly insolvent, is not clearly solvent? Judged by ordinary rules, there would seem to be none. As the directors, however, and some of elders, apprehend serious ‘injury from a sudden judicial declaration to that effect, and bas quent immediate appointment of # receive e concluded to make an order, as the act provides, that a list of the nd of the stockholders, with the re- spective values and amounts, be produced, and that the principal officers of the present and of the late board attend before me, on Wednesday next, 1 o'clock, at the chambers of the court, to be on oath concerning the state of the bank, and | that the appointment of u receiver de, in the meanwhile, suspended, and the injunction continued, It is proper i should add that the statute in these cases contemplates rapid and summary measures, Billholders, depositors, and other bank creditors, are to be promptly paid. Ani for that purpose the assets, if necessary, no matter what | their character, if so ordered by the Juage, are to be sold | at auction, a dividend, if possible, declared within ninety | days, and the defici+ncy, if any, apportioned among, and levied on, the individual stockhoiders; and the entire | winding up, it is further declared, shail, “in no case,” | be delayed ‘beyond one year. A of increasing the assets for the benefit of the stockholders, to the injury —and delay is not unfrequently the most ruinous of ail | injuries—to the injury, I say, ot the biliholders and de- Ponitors, is repudiated by ‘the whole policy of the act, | und is at variance with the entire spirit of the judicial decisions of the highest court of the State in the analo- | gous cases of assignment made by insolvent individuals. United States District Court, Before Hon. Judge Ingersoll, DECISION IN ADMIRALTY. George W. Beavers vs. The Steamboat North America.— This suit is brought by the owner of the barge Nancy F. Beavers, to recover damages for injury sustained by the barge in a collision witn the steamboat on the Hudson river. The collision happened just below Magazine Point, about 12 o’clock on the night ot June 13, 1853. The barge was in towof the steamboat Belle, which was ecming down from Albany with a tow of twenty-six load ed barges and canal boats Three of the barges were ranged on each side of the Belle, the Nancy F. Beavers being the ousside one on the larboard side. The Belle belonged to the Schuyler line of towbvats, and carried the usual lights of that tine, a light at the bow, an ele- vated one at the stern, and’a red light over the pilot- Youse. There were no lights on the bar, The night was dark and cloudy, so that objects could be distinctly seen only ata short distance. As the Bele came round Magazine Point, her pilot saw the lights of the North America, and supposed she was then just coming round West Point. The North America was about half way be- tween West and Magazine Points, when her pilot saw the light the Belie, and thought she was coming round Point. Both vessels alowed, stopped and backed | | their engines, but not in season to prevent the collision. | The captain of the North America was on deck, afew | feet im front of the pilot. No others were on tue for- | ward deck. The pilot supposed, when he saw the lights | of the Belle, that she was the South America, a passen- | ger boat, which carried a red light over one paddle box and a green one over the other. He accordingly steered _ enough to the right to pass her if she had not had | barges in tow, and he did not discover his mistake uatil | too iate, The Belle rounded ine Point at a short | distance, and intended to keep the east side of the river down to West Point, and to pass the North America on the left, Such @ course of navigation is usual for steam- boats coming down with a heavy tow on the ebb side, but with @ flood tide they keep ‘on the west shore, The evidence was conflicting as to the state of the tide at | | | this time. | Held by the Court—That the North America had no | sufficient look out, according to the rules laid down by | the Supreme Court in the case of St. John vs. Paine, im | 10 Howard, and the case of the Genesee Chief, in 12 | Howard, and this is therefore prima facie evidence that the collision wax caused by fault on her part. That the | evidence as given does not rebut this prima facie case, | but rather strengthens it. If she had had such a look. | out, the probability is that he would have discovered | and been able to rectify the mistakes of the pilotefthe | ‘North America, as to the lights, in season to have avoid- ed the collin That on the eviderce the tide was Belle on the east site cous anda fault on her was occasioned by the joint and the damages sustained by the libellant must therefore be apportioned. Refer- ence, therefore, to a commissioner to ascertain the | ameunt, Court of General Sessions. Before Hon. Judge Stuart. JAN, 16.—Obtaining Goods wnder False Pretences.— George C. Benson, alias William Nimms, a young man of nineteen, was indicted for obtaining a quantity of goods from Joseph J. Newman’s fur store, 401 Broadway, by false representations. Mr. Newman deposed that the | defendant came into his store on the 29th of December last, and stated that his father, who kept a fur estab- lishment at Pittsburg, had been burnt out and wanted a new stock; that the defendant then made a selection of furs to the amount of some three thousand dollars, and told Mr. Newman to prepare the bill by three o'clock, when he would return and pay it. The defendant also ordered Mr. Newman to make Ep s separate parcel of | furs, which he declared he wanted for his sister. These, | valued at thirty-three dollars, he took with him to the National Hotel He was arrested at two'clock the aame afternoon, To show the fraudulent intent of the pri- soner, the prosecution proved that about the ame time he went to Mr. Devlin’s store, in Broadway, and also ob- tained goods there by false representations. Mr. Milli- ken, for the defence, contended that supporing the state- menta made by the prisoner were false, of which there was no proof, the goods were not delivered to him by | Mr. Newman in consequence of such representations, No witnesses, however, were examined on behalf of the prisoner. Verdict guilty. Sentenced to six months in | the penitentiary. Larceny.—Wm, McKenns was indicted for stealing, in August last, from Robert Walker, cartman, a cart, usually left on a lot at the foot of Jamey street. | only evidence sgsinst the prisoner was that of Seding the ba, soa in possession some two months after it a. Verdict—not was sto) ‘ity. Burglary in the Second e¢.—John Smith and John Farrell were indicted for burglariously entering the room of Joseph Williams, in tenant house, 111 Hester street, and stealing thence some articles of clothing. The bur. giara were seen in the room by one of the occupants of the house, who immediately opened his window and shouted watch. Witness then saw the two men go out of the hall door, and run towards Eldridge *trest, where they were also seen, and after a hot pursuit were sub- requently arrested by two officers. The chief question for the consideration of the jury wae whether the lock of the door had been picked or forced, so as to constitute the offence of burglary. Verdict, guilty. John Smith sentenced to the State ea for five years and three | months, and John Farrell to the same for six years and three montha. Marine Court. Before Judge Thompson. JAN, 16.—Bverett agt. McClackey.— Plaintiff claims $178 25 of the defendant, for money lent and goods sold and delivered. He proved but $110. As a ret of to thin clam, defendant introduced a check for $177 89 drawn | Association, made by Eve- Charles H. | on the Mechanics’ Banking 1854, vayable to possession by | clase io this number. in | the mupical version of the “Mu: ice we, Marea the office plist ent" wri the efendnn Murray, the a to agreed to take fed. The Court held this the office at the rate # to be insuilicient, and rendered judgment for the af fendant. Ford agt. Hollister —The defendant was formerly owner and proprietor of the Battery Hotel. On the 234 May last he sold out to Brown & Gritlith, of the sale three men, who have bee: hotel with the defendant, and who were also in his em ploy, desired to continue’at the aams,place with B&G. | everal daze after the transfer of ‘the establishmon’ Grifith testified ho saw Hollister, and the latzer agreed to pay the board of the three men, at the rate of $450 per week’ cach, Brown testified that he was passing through the room when Griffith and Hollister were con- versing, and that he heard Hollis‘er xay he would give r week for the board of the mm t Mr. Hol- stified that he merely negot th Griffith | on the bebalf of the men, and that he did not agree | with Grifith to pay their bourd; that neither Brown nor Griffith ever called upon him to pay, or said a word to bim upon the subject. | The claim was assigned to tho taint fi, and amounted to $135. Judgment for tue de- fendant. At the time | boarding at the Common Pleas, Before Hon. Judge Daly. KECKLESS DRIVING. JAN. 16.—Henry Farmer agt. John B. Dinglediew and others.—Tha defendants are proprietors of the Biooming- dale line of stages, and this action is brought to recover compensation for damages done tus plaintiff, an aged man, by one of the defendan's’ vehicles driving over him in Chatham street, in March, 1853, by which it appears ner's leg was so mutilated ax to render it still Verdict for plaintiff, $700 and costs, Police Intelligence. CHARGE OF EMBEZZLEMENT. A young man named Joreph Evans was arrested yes- terday, by officer Webb, of the Lower Police Court, charged with having embezzled small sums of money from his employer, Stephen S. Harrington, of 95 Canal street. It appears from the evidence adduced, that about a week ago Evans left the store, taking along with him $20 of his employer's money, and appropriatiag the same to his own use, Since he left the employment of Mr. Harrington, it is alleged that he collected a bill for $5 50 of a man named Francis, and pocketed the pro- ceeds. The prisoner was taken before Justice Connolly, who committed him for trial. CHARGE OF PICKING YOCKETS IN AN OMNIBUS. Yenterday a man named John Harner, was arrested by officers White and Reelahunt, of the reserve corps, charged with picking the pocket of a lady while riding in an omnibus in Broadway, near Cortland street. Tne Indy ntaten that she felt the hand of the prisoner in her pocket, and accusing him of taking ber port monaaie, | e made a rush for the door, and leaped {rom the stage, ‘The alarm was immediately given, and accused was ar. abort chase down Maiden laue The port | monnaie was found in the street by the officer. The | Sccused was courmitted to the Tombs for examination. | SUSPICION OF BURGLARY, Two boys, named Thomas Miller and James Fagan, | were arrested yesterday afternoon by officer Miller, on suspicion of burglary. In the possession of the youths was found a lot of gan fixtures recently taken from empty houses, They were taken before Justice Davison at the Jefferron market police court, who committed | them for examination, FALSE PRETRNCES. Yesterday officer Martin, of the Lower police court, | arrested three men, (brothers,) named Leopold, Au- | guste, and Charles Raenftle, on a warrant issued by Justice Connolly, wherein they stand charged with hav- ing Cefrauded Wolfgang Gebleng, proprietor of an oyster saloon, corner of Pearl and Chatham streets, out of $200, ‘The complainant states that he bought the place | in question from the accused, who represented the stock and furniture to be worth the amount paid —namely, $600—but which in reality was not worth half the amount paid for it, The prisoners were taken before Justice Connolly, who commttted them for ex- amination, THE CONFIDENCE GAME SUCCESSFUL. Aman of rather respectable appearance, called at the residence of John A, Whitmore, Clerk of the City Prison, on Saturday last, and asked to see Mrs. W., stating at the same time that he had been sent by Mr. Whitmore 1s he was going to appear on parade. | ed to give the property in charge of the fellow, but on hin assuring her that he belonged to the prison and that she must have seen him before on similar errands, she consented to deliver the coat, pan- | taloonr, sword, sash, &e., into the hands of the conf- an, who had not been authorized by any other io clue has obtained as to the whereabouts of this sharper. The Unemployed Workmen. TO THE EDITOR OF THE HERALD. The unemployed workmon!—What do they intend t do Do they intend to force the citizens of New Yor to give them employment when they have nove. The, scorn alms and demand what the people have not got ‘They say it is the effect of bad legislation that they are out of employment. Do they consider the hundreds and thousands of foreigners that Innded here the past year? Do they expect labor to grow according to the ia- crease of our city population, when have often from twenty to thirty thousend foreigners land here ia week, and ‘ the ery is still they come,” and all thi dependent of our own natural growth? And they demand that labor shall continue to grow according to their de- man If Lord Raglan should land his army here, in one day, uppose that public and private La! should immedi- ately spring up, like magic, to mee; the demand, and the failure thereof would, according to their argument, be the effect of bad legislation! They deny that this movement is kept alive by foreigners. { would ask who in br. Foesch, who addressed the meeting in Dutch ? Wo is Wm.’ McCarty, who addressed the meeting in Irinh, and protested against charity being offered them by the wealthy? They do not want alms and will not accept them, but must compel from our citizens that which they have not, If all the labor in New York were divided among the foreigners that have landed at this port the last year it would not give them above four days work ina week, excluding Ling taf toe native born. T would sok, then,’is 1t strange that labor is scares and that provisions are high ? It ia almost enough to creates famine in our city. No city in the world supports so many foreign immigrants lew York, from the pauper to. the pick pocket, and, I might say, the burglar and the midmght assassia, True, there are’ many thousands whom God forbid I should there are always enough litical hacks, who, like drowning men grasping at straws, mingle in with the disvatiafied, helping to trouble ters, in the hope of first stepping in and being ole. This is plainly visible in the speeches of some of the gentlemen yesterday, who felt more for their own aggrandizement than for the unemploye!. I con versed yestercay with some in the Park, wao informed me that they landed here last week. [am one who is out of employment, and have been for eleven weeks, but I would not force my country to build ships for the sake of giving me employment; nor would I have the city duild a Tower of Babel that Dr. Foesch’s countrymen might baye employment, of Mr. MeCarty’s countrymen be independent of alms. Tam well satisfied with this 41 can find betver employment ranks of the ring-streaked and streets, and making myself ridi- AN UNEMPLOYED MECHANIC AND AN AMERICAN. Theatres and Ex! tions, BROADWAY THkaTRK —The great ruccess of the grand opera and fairy spectacle of ‘Cinderella’ bas ed the agement to announce it as the particular feature of every evering this week, The farce of the ‘Irish Tutor’’ will conclude the entertainments. A full house may be expected. Bowrry Trxatex.—The programme of amusement for this evening can hardly fail to draw a full louse, Belle Adama, and her A jan steed Cinderella, will ap- pear. The comedy of ‘ Fortune's Frolic’ of ‘Carline,’’ and the drama of the ‘Fox of the Wil- derness’’ will be played, Burton’s Tuxatrx.—The drama of the the satire of “ Appollo in New York,’ and a new drama entitled “Old Adam,'’ are announced for th evening. Allof Burton's famous company will appear in their respective characters. comedy. WALLACK's THEATRE. —Broughi wer’ nov To morrow & new | ‘aptation of Bu jorning,’? is lake, Lester, Blan called “ Night for this evening: Perplexing Predicament.’” MrrnoroutaN Taratxx —The amusements given at this theatre nightly are of very attractive features, Be sides equestrian performances by Sands’ celebrated re thre are dramatic pi of great interest—the “Hole in the Wall” and the “Courier of Lyons.” Axenicax Moxxcm —The dramatic piece called +‘Wal- lace, the Hero of Seotiand,’’ baving been received with enthusisem, will be repeated this afteracon and even ing—Mesere. J. R. Seott, C. W. Clark, Hadaway and Miss | Mestayer in the principal characters, Woon's Mivernmia—Merowanics’ Hatt. —Bavides a great var ety of negro songs, instrumental pisces and dancing, will also be given LeY's SxRxNADERS.—This company stil! continue jo attract large houses. ioderella,”’ wilh = fine selection of negro songs and dances, for to-night. Dowapeon’s Erworiuan Trovrs —This compan playing at Hope Chapel, where er give pure Etat performances. A “Masquerade Ball’ concludes Be are plan the | amusementa. Mx. Lawnence Snort, the treasurer of Huckley’s Se- renaders, takes his benefit on Saturday even: ent. FINANCIAL AND COMMERCIAL, MONEY MARKET. Turspar, Jan. 16—6 P.M. 1; B fe Bailroed, 3; Harlem, §. lnois Central Bonds advaaed § per cent; Virginia 6's, 4; New York Centra\ Bonds, 4; Michigan Central Railroad, 1. The issue of proposals for a new loan by the Tilinois Central Railroad Company hes hid an un" favorable effect upon the market valas of the old bonds. They have declined three per cent since Saturday lest. The stock, on the contrary, bad | imp oved, and the daily transactions are cetdng to be quite large. There was considerable activity today in raiJroad bonds—Harlem, Erie and New York Central were freely offered, geacrally at low pricee. The Erie Bonds of 1575 are selling from one to one and three-quarters per cent below the original cost, and the probability is that a good many of the holders of the loan wil prove to be Peter Funks Beading was tne most buoyant stock on the list to-day. We have looked over the last | report, and should jedge thut it would be very well received by tho sto. kholders. The slight deciias in quotations for the fancies today my not be perma nent. Specviators for a rise bave the means to carry prices up @ little higher, and they will pro- | bably do 60; but they mus be active about it. The banks mey socn be callirg ia their dsmand loans, and then there most be actange. As soon as the spring trede opens the regular discount line of the bavks will be increased. This may cut down the call loans, and the brokers may be required to pay up at short notice. Then there wil be a stampede among the bulls. After the adjournment of the board the following sales of stocks and bonds were made at auction: ~ $4,100 bd, and mort. S. Richardson to A. Delmont.$3,380 6,540 do, do. 4,600 2,370 do. do, do 4,600 2770 do, do do. 2/150 4,160 do. do. do. 3,625 3,000 N. Y, and Harlem R. RK. Ist mort., in Bly 9,000 Ohio and Miss KR. Ro 2d mort., int. « 32 12% 1 i. R. incomes, int a 67 5,000 Georgia 6's, 1872 ry . Bg 12,000 Clev, and Pitta R. coupon bds., int. ad 55 80 eh: ns. Co, (#x. div.)... 863 0 89 £ shares Continental Fire Ins. Co. (ex. div.). 1004 59 shares Harlem proforred 8 per ceat stock. 74 10 shares AUlantic Ban’ 545 | 1,500 shares Union Gold Mining Co. of N. 120 | At the second board the market was considerably | lower. There were @ good many cash transactions, Exie was pretty weil maintained; Harlem fell off 1} per cent; Illinoiy Central Ratlroad 4; Iilinois Cen- tral bonds 4; Hariem Kailroad 1; Hadson River Railroad 1; Cumberland Co. 3; Nicaragua 4; Read- ing Railroad 3. The Parker Vein Coal question has at last been disposed of by the Board of Brokers. Most of the | Contracts having been settled by compromise, no further action was required, and the committee were dismissed. Public opinion is setting strongly against Duncan, Shermen & Co., for the course they pursued relative to the affairs of Page & Bacon. The correspondence between Mr. Sherman avd Mr, Aspinwall, published this morning, places tne house of Duncan, Sharma. & Co. in rather an upfavorable light before the com- monity. There was considerable talk about i: in the stcet to day, end there was but one opinion ab wut the matter, and that was of utter condemna ion, Such a ccde as professed by Mr. Sherman may do very well for Albany or Canandaigua, but it is not exactly that which governs buriness men in this lati- tude, and he has, doubtless, come to the same con- clusion within the past day or two, A letter from Messrs. Page & Bacon, published in the St. Louis Republican, of the 13th inst., will be found in another part of this day's paper. Ab adjourned meeting of the stockholders of the Potomac and Isabella Copper Mining companies will be held at the office to-morrow, ( Wednesday,) at 12 o'clock, The transactions at the Assistant Treasurer's office to day were aa follows:— $150,525 21 60,925 63 semi-annual dividend of four per cent; Bank of Mo- bile, toor per cext; Paterson and Ramapo Railroad, Jour per cent. ‘The Mutual Fire and Marine Insurance Company | of Lexington, Missouri, have declared the follo mng dividend for the year 1854:—To stockholders, 45 per cent; to castomere, 45 do.; placed to credit of contingent fund, 7 do.; making a total of 97 per cent—within toree per cent of the par value of ita sharee, This is probably the most extraordiaary | dividend ever declared by any incorporated company | from the business of a single year. We earn that the Auditor of the State of [llinois | refuses to deliver up the bonds deposited with him | by the suspended stock banks, in exchange for their bills, It was supposed the act passed at the present | stssion of the Legislature in relation to this matter, | was in part intended for the benefit of the banks; | but the Auditor construes the law differently. The warrants entered at the Treasury Depart- meat, Washington, on the 13th inat., were:— For the redemption of stock... -951,001 88 p Tor paying Treasury debts » 81,928 24 For the custo 5 . 56,625 OF For covering | y 1) 2,658 50 | For covering into the Treasury from lands... 23,854 22 | Covering Into the Treasury fram misc. sources 65,568 49 For the War department. . 63,411 71 For the Navy | epartment » GL,66T 25 For the Interior Departaa 22,204 07 ‘The redemption of the public debt for the week | ending the 13:h inst., was:—L an of 1842, $7,000; loan of 1446, $1, 500; loan of 1847, $48,000; loun of 1848, $47,000; Texan in!emnity, $2,000—total, Tbe New York State Bank nas declared a | $105,500. | The Rochester Union states that Mr. James | Hawks, one of the loan commimioners of Monroe | N county, who bas lately gone to California, ia techni- | cally a defaulter under the following circumstances: The whole sum was deposited by Mr. Hawks ina banking office, with a view to the settlement of his | official account; but he, or the firm of J. & T. Howks, recently assigned, owed the banking firm on | 1 other account, and they refused to pay Mr. Hawks's | checks. Mr. H. contends that the house held other other securities sufficient for ita protection. The value of exporta from this port last week, and — the extent of shipments to each country, was as an- 18K Liverpool. ........€206,466 Br. N. A. Colonies. .$44,082 | WE covcese 278,403 Br 4 5 Glasgow » 112,019 Danish W. Indies... 27,443 Cork Dutch West Indies., 2: 123 French West Indies. 3 | British Bast Indies 3 | 15,498 26,701 24,508 5,469 1,270 Des Madeira Total value of merchandise Do. wpecie...... Total exports in the week. 91012, a8 Total imports in the week, ‘ 662,081 Excess of importa in the week $1,900,849 ‘This is, we fear, the beginning of a new chapter in the revulsion. Sterling exchange is gradually | creeping up to specie shipping points again, and we should not be surprised to see an exportation of coin become quite active again. The Texas bill will probably pass this session of Congress. It will yield about wixty per ceat to creditors of thelr claims. The debt sca'ed at par, or 100 cents, a knowledged as the amount available to Texas at the time of issuance, will be reda ed, while the debt scaled at 25 cents, will be propor: tionably sivanced. After the bill passes Congress it does not become # law anti! accepted by the Legis lstare of Texas—an extra sewion of which will be called for that purpose, Taking the delayintocon. sideration it will more than agreeably disappoint the holders if they realise fifty cents on the dollar of their claim, without interest, which honest Texss cannot afford to psy. The treasury notes of 1439 and '40 are scaled at 25 ents, and are now offered in the market st 46 cents on the dollar, no interest be | ing included. | Jerey City is in the market for a loan of $100,000, of ‘which $70,000 te for fanding the floating water | debt, nnd $30,000 for extending the water works of | the city. Bonds for $1,000 each, bearing six per om tatecest, Wii be bopund, repformig «the La! ipoorporated practi is the Bank o€ the of January, 1883. Bids received until Thursday, the 1st of February. ‘The Board of Directors of the Galens and Chicigo Union Railroad Company have directed that the tracsfer bocks of the agency in New York be closed until further notice. The firances of the State of Maine are ina very « satisfactory condition. The receipts from all wourss6 for the past year amounted to $461,025 45, and the expenditures to $343,818 04--leaving a balance of $108,107 41. The State debt is only 6431 500, ex- clusive of the $250,000 of the Massachuset’s land debt, which is redeemable in ten sume of $25,000 each, from 1863 to 1872. The Railroad Record gives the following summary of all the railways, complete and ia progress, in the Northwest :— Complete. in Progress Miles. Miles In Ob 2,344 1,891 In 7,888 1,443 1,909 1,556 434 200 173 450 _ 985 Six States..........115 6,248 6,433 ‘The recent bank fatlures in Ulinois and Indiana bave bad a good eff:ct in that section of country. The legislatures of several Western Staton are now in session, and the firat action has been in regard to the bankir g systems of eas’. A bill has beon in- trodoced into the Benate of Illinois amending the General Banking law. It provides that when aay banking association sha! desire to close their busi- ness of circulating its bills, it shall be lawful for sach astociation to file a certificate in the office of the Auditor, of its desire aod intention to withdraw ite bills from circu ation, and thereupon it rhall be law- ful for such banking association to surrender to the Anditor its bills in sums of not lesa thay one thou- sand doliars. And when such surrender shall be made, it shall be the duty of the Auditor to | deliver to such banking association a pro rata | amount of securities deposited with him by such association. And that whenever any benking asso\iation shall surrender to the Auditor any amount of its bills, and shall pay the Auditor an amount in specie eqval to al! the outstandiag billa of such banking asociation; the Auditor shall sur- render to such association all the securittes deposit ed with him by such association, and the Anditor shall retain the specie so paid t> him, under the tame regulations and for the same purposes for which the securities were held. And further, that whenever any bavking association shall file the oer- tiflcate contemplated in section first of this act, with the Auditor, seid association shall cease to pey out or circulate {ts bills; and any such bauking arsociation which shall, after filing such certificate and withdrawing its securities in portions thereof, under this act, pay out or issue any of ita bil shail be subject to the same pepaities whichs imposed by the act to which this is an amendment ard punish persons or associations illegally issuiag bills for circu’ation a4 in lieu of money. * The annual report of the Old Colony and Fal, River Railroad Company gives the annexed exh'bit of earnings aod expenses during the year eadlag November 30, 1854:— OL CoLoxy and Fave Riven Rarnoap. KECKIETS, For transportation of passeng . $419,014 64 Do. do. cee 217,148 62 De. do. 4,066 02 Do do. 5,370 8 For rents...... ” 3,166 00 Total + esas es $640,006 Lb Exp fF the same time — For interest on bonds cake y $8,608 50 For interest on floating det 7,976 81 Reat of South Shore Railroad, (to April Ist)... I Rent of Lorchester and Milton Rail FONG sc snisnnnrtsee syemni as ahs 7,730 00 General expenses......... 0.0.0.5. 474,240 03 ———606,465 34 ++ $142,800 80 account of ge. nounting to $04, © properly charge. Y expenses, but dimiaish the net income by that amount. More than three-fourths of tois amount bar been paid on account of the Fall River rond, and the expeuse of consolidation of the two roads. Net earnings Itappears t rthe y aed the aforementi at Fall River and altering curve, $4,783 19; de: shop stock, $15,000 00, directors to make a clean business of these extraordi- rary expenses, and therefore they bave charged them ey in It was thought advisable by the into the expense account of the paat y ‘The ai nt to the credit of earnings, 'e 80tb, of both companies, was...... $554,573 96 Against this should be “educted for pur- chase of shares by both roads prior to UBIOD ee eite cere ceseresscecseeeeceveres S77, O18 84 Tot $°6,000 12 Add ni 142,800 80 ‘by Fall River road in dend 4 1466, on 30,161 ab Leaves balance of earnings The total construction se of the union wa . The present acc The director construction the property represented thereby, that it i than the present amount thus charged to that The annexed statement gives the quantity of some of the leading articles ascending and descending the Erie Canal to and from Buffalo in each of the past two years :~- Cans Commence oF BUvYALo—ARRIVALS AND Der anton Articles, Merchandise, I) 147 341,726 on ee 366, 4845 Molasses... 15,480,124 10,076,456 Coffee ‘ 42,678 9B81,087 on 24,918 262 r ‘aetings and iron wa: Crockery and glass ware Mineral ee Stone, lim 1,069, 201 968,406, 4,316 whole amount of tonnage delivered in Hallalo 1849, WAR... 1864 roe 990,772 Quanity Descending. Articles 1863 1 Flour, bbls Pork Beef, Arb: Corn m Lomertic Bacon Cheese. Butter,, pirite, Ibe lard oil,” Hi Leathe Clover and g Ine meee Hemp, 1,010,290 161,907 The) 11 68% Bonrds and acantiing. feet # 120,343 bas (oly Total 005,315 156 4 ng tonnage pho, 172 Descending tonuag on1,216 Total tonnage + To 1,071,984 Increase tn tonnage in 1454, compared with 1455, 6484. According to this, the deficiency in tolls in 1854 mast be attribated entirely to the redaction in rates. The additional tonnage transported im 1554, which amounted to shout eight per cent of the saaregate In 1853, would, at the rates of 1451, have given that increase tn tolls, bat the board of Canal Commissioner cut down the tariff of charges so much as to canse 0 falling off in the aggregate reve: bor Of several hundred thoussad dollara ‘The only banking Institution in Oe Sate | 16000 rieBe., | wt le ae 123 branches in different sections, fhe Siste oom about three quarters of the bank capital, and derives a large revenue from its profits. The condition of the hank om the 30th of December, 1854, was as aa- pexed :— Bank ov Tux STATE = AND Brancuns. Dr. Bills discounted,,... : Exchanges watured . 83 O6 Exchanges maturing.. 1,304,859 36 Real estate. . ‘ 98,490 18 Bills receivable 51,758 James L. D. Morrison, 18,108 OS Burpended dent... 93,772 86 Due from banks : 96,101 96 Bank poter on hand... 411,910 00 Specie on band....... 1,159,819 84 Total .. A sone ee. 85,910,166 06 Capital stock owned by the Siatesoo4, Capital stock owned py indi viduals... 201,200 00 Due depositors, Dividends unpaid, Interent and excha Less expensen.. Less protest account. $20,114 47 10 20 161 36 Contingent fund... ....0..00+ Due to banks, ek stcn ey am Circulation......... ineon eeaeceannsont * The suspended debt of the bank was distdbated as follows:— 1463. 1854 Mother Bank., 40,400 Ine, $20,000 Branch at Fayet 1}800 870 Dec. 990 “ Palmyra....; 22'800 22,712 Inc. 418 Cape Girard’w 12,000 11,056 Dec. _ 44 Springfield... 19/300 18/018 Dec. 3,382 Lexington... 12,700 12,771 Ine. m™ Total......sseesseee «077,000 $03,720 A comparison of the leading items of the bank and brancses, reported in December, 1853 and 1854, presents the annexed statement: — Debit. 1853. : 1854 Bills discounted, .$1,917,000 $1,400,000 Dee. 117,008 Exch. matured 204,000 000 No change. Exch. maturing,,. 1,700,000 304,000 Deo, 394,000 Burpended debt... | 77,900 3,000 Ine. 15,000 Coin on hand..... 927,006 1,139,000 Ine, 203,000 Depoadta.......... 1,8 Inc. 18,008 Interest aod exeh, Contingent fund Circulation .,... follows: — Detit. 1853, 1854. Billa discounted... 1,005,000 1,151,000 Inc. 28,000 Exch's matured 246,000 14,000 Do. maturing... 1,246,000 ». 403,000 Suspended debt... 9,500 0,400 Ine. 20,900 Coin on hand....... 66,000 774,000 Ine, 170,000 Credit. Due depositors 1,000,000 Interest and ¢ 186/000 Contingent fui Circulation .., 99,000 + 1,600;000 000 000, the exchange, or purchase of foreiga bills, baving fallen off duri y 17,000 (being more two thirds the active capital of the mother bank); and the suspended debt having increased $20, In the deposita and bills discounted it will be seen there ia but Little the increase, in the interest and ex- change, is but $4,000 in the mother bank, and §1,000a4 ditional in bank and bra: Stock Mxchange. wapay Jan. 16, 1856, $5000 Virginia 6 Ou nha NYCeokR 060 BTM 20000 100 Mi RR b1O 76 1060 ° . 1% 2000 Louis 50Vanama RR. .bOO 8O 4000 Harlem NI a Rit... 1000 00 Hud Be 16000 do. 6000 lo 109 10000 do, 1010 Erie Ri £000 ErteBa, ‘7! 100 do L000 2000 ‘ 0000 Chi AK Isl KL Be 100 shes Mech Bank 6 Del&Hud Canal, 10 Mer Bx Bank 36 Metrop'n Hank, , old Hit Mine 800 Canton Co... .b60 100 BO cose eves do 6 Ao... 2.4, 82% 400 Harlem 50 Nie Transit Go., 16 200 260 do + 1% 460 100 do 1h foo 400 100 200 ‘0 Cum Coal Co. 1se 600 106 dow... 100 100 do 100 180 do....4. 12 100 do... 200 Tile Con Rit oT 100 do... 126 do. a 165 NY Cent RR.ope ## 200 do... ” 100 do.....000 87 WCley & Tol RR... 6956 SECOND BOARD. 96060 Ti Cen KR DAs O58 0 atu 9000 Erie Con Ba, 02 73° 43 Lil ‘27 he Mech Back. 100 60 60 Ocenn Bank, h 260 Ca -. 16% 200 100 b6o 16 156 Erle 100 8B 1K wa bs 16% 200 114 Fenn CoakCo.... 105 200 100 Reading 0 20 200 Cumb Coal... s 185 100 GO... cc eves 100 10 do.....b16 82 100 de a 100 O0..,...0.. BIN 100 Harlem Rit. aK 10 do..,..009 Bly 100 a2 60 do «0 1% 100 a 60 406... aK 100 at 250 do... 109 al 60 Had Riv Rit. « wo as 100 do *lo CITY TRADE REPORT. Torbay, Jan 16—6 P.M Aviret.—The tend all sales, at 6668 96 76 for pots bres percrrs — Flour OMe. m Me. per bhi bout 6,000 8 6,000 bbl Genesee at $1060 & $1) 1,200 bbls. were sold, inela Gecrgetown at 09 60, and « In fair request, at 89 94 #7 & $10 for dut nal, Corn was cull About 26,000 to 90,000 bushels were cid, inet fouthern white and yellow at $1 04 4 61 04, and a, Long Inland, fancy nee ty, at 6105. Kye was quiet, ech The sales embrace’ 125 mate of Je 180 bage Maracabo were solt at 10je BO) bage Kio were soli at ¥Ke. & UKs to lie Fo monte —Abowt 92,000 bushels of corn were in bulk on im ship's Uage at 494. 6 O4. , 60 tom and lard at 178. 64., about 100 @ 000 tierces bee! 24., with 160 to 290 bole. pork 0! de. 64 8 0 bales of co uncompressed, Ze) at J44. for compresses, and 7-324, and 200 to 0 boxes bacon at 174. 64. To Lanton and Glasgow rates were unchanged, and without engagements of importance, To Havre there wer nothing new To Marsetiles, liqnore were taken at Je. eottom, Ye; lard, Me, and provisions ab 100-. per bbl There was no change to notice ia rales fae California or Australia Vuurr—The sales embraced sbont 200 bones wet reine a0 82 dry was vechaoged LAT —Aales of HH bales were reported sold at Me. © 8) per 100 Ihe Lowe were at Sle. « Mbe. for new, with email sales of be ér feotch yig wee quiet, and prices unchanged. mm — The stock was light, eet prices Orm. New crop New Orlenns twas held at Ze Cube was ie light vuppiy ‘sed firm —Hales of (0 bole epirita tarpentine af We yireorier Kaw turpentine wae at about $5 62 a 67), aot wviected tar, for shipping at 83. ee eteaty at He, oo hale aod sperm onl were held above the views of buyers, aed salen vere light Paw wow OM mess pork closed dull ot $12 25, of which sone 800 9 40 bile were elt im tote, Priam war mrerurebly oul of market, ood nomiash A sale @” 1,000 Vole pew meee pork te olivernbhe by Gre 1 May, seller's option, at 012 and 100 ble mew aa wOl8 a1 O15, ane pew mene varied from O14 OM 60 bbls. prime city meee sold ot 01625, Beef wae em changed, with moterate sales, 266 bones Long Islan’ roitdlen becom were wid, deliverable free om ship boned, tn Philadelphia, at #46. 804 0 bhde. 60. Weetern, aeth on the epot, at 66 , and 10,000 tbe. shoulders were wid ah Oye Lant wee rather canker to purchase, with wales of about 10) terees, at 06, ond 1h) « 2) bela, wineuly perth. mer * e106 © 10% the letter in small wie aed prime cheem sed butter were . Hpk The tomrieet wee at Ke. 0 4h Prose — There was ‘og fone bet was rather firmer. embraced 169 bhde. ™ miwane ot be: and 2 do 1 i ye5 poe sot UO bide. olf Cubs were sold at biG. 78 atp ® ‘Tomacen, — tales wore [imited for wast of stock, wn pro nts Kemteck b> S119 canna wood leaf Ohio utp et It boo Theremat +t Ge; 00 canes seed leaf, at be. alee | 46 do. Venta, walen ot vee J were Oi 08 jce.” Dew an bold oui” 3 Wesart —The We, 0nd 999 bo,