The New York Herald Newspaper, January 17, 1855, Page 5

r LEGAL INTELLIGENCE. Supreme Term. Court—General MILLION AND HALF MILLION TRUST FUND CASE CAUSE AND CROSS CAUSE, 16.—Ourtis, Graham and Blatchford, Trustees, vs. Leavitt, Receiver, and others, (original bill,) and Receiver, and others. vs. Curtis and others.—The wing opinion was rendered by Judge Mitchell, the irt copcurring:— The decree or judgment of this Court was rendered on Slet of December last, rustaining the trusts in the use, and adverse to the claims of the receiver. It di- |, im substance, that ‘the taxable costs’? of the stees, and of the receiver and of other parties, toge- er with the amounts secured by tne trust deeds, be out of the funds in the hands of Mr. Palmer, a spe- ial receiver in these actions; and if these were not suffi- nt, next out of the funds in the hands of Mr, Leavitt, far as those funds were covered by the trust deed ad were necessary for that purpose, The bills were filed 1842, and answers put in and testimony taken and > Hosed in December, 1850, The pleadings and proofs were Ul in writing, and constituted several large volumes of brinted matter. The cause was called for hearing in April, 851, before Mr. Justice King, at special term, but was Virected by him, pursuant to the Judiciary act, to be Arat heard at gencral term; and it was so heard on the @leadings and proofs in . ‘The trustees applied to zoe of the Justiees of thix Court to tax their costs, when ‘he counsel for the receiver objected thatthe taxation houlc be under the Cove; and the Justice referred the ies to the general term for directions. The receiver Jan. Y » pow alao objects to the taxation, on the ground t! appealed from the desree anit given security in $: ich he insists is @ stay of ull proceedings, and ea; ially to prevent any payment of moneys under the de- sree. The trastees contend that the appeal is uo stay, anlesa there be security for the payment of whatever yum the appellant may be decreed to pay. The poly questions now necessary to be decided are, vhether an appeal with secunty in $250 stays the taxa: ion of costs,and by what system the costs are to be taxed, Assuming the view of sec 459 of the Code, that the juigment in these actions is to be entered according to jhe Code, although the action was commenced before the Yode, then, according to sec. 311, the clerk is to insert the entry of the judgment the amount of the costs able to any party; and the judgment would not be mplete without such entry. At common law, also,the ount of the costs to the prevailing party formed a per part of a complete judgment. In equity, also, the me practice prevailed before 1830, and then the only hange war to annex the whole bill of costs to the decree, stead of stating the total in the decree. ‘The Code (sec. 11,) adopts the common law practice. All, then, that e trustees now propose to do is to perfect ‘their judg- ‘nent, not to execute it. Sec. 435 prevents an appeal on - judgment directing the pay meut of money from stay- jeg the execution ot the judgment, unless security be ‘iven in tte amount therein required; and sec, 342 Nows such an undertaking as wa: given in this case to stay proceedings in the court below upon the judgment penled from.’’ Proceediugs upon the judgment are one which are in some way to carry out or enforce the \dgment, as an execution or a judgmeat for the pay- ent of money, or @ sale on a decree of foreclosure and Je, or process for contempt, or other coercive measures, a judgment to deliver documents or property, or to ecute a conveyance. These modes of ‘‘proceeding upon judgment’? are specified in secs. 335-6-7-$, and illus. ate meaning of the general phrase afterwards used secs, 339 and 342, and show that it 1s to be construed y reference to those illustrations, and in analogy with em. The taxation or adjustment o! cost not bing an écution of or upon the judgment, but a eans of completing it, is not stayed by the ‘appeal. he othe stion is as to the rule of taxing costs. To erst: me of the decisions on that subject more arly, it may be proper to notice the legislation oa hich they were founded. The Revised Statutes prescrib- the law as to costs both at law and in chance aod tinued to control as to w until 1840, when a new 8: ‘a8 adopted. ‘The general prin: ‘as to pay for @ particular service acertain sum, wheth- it took much or little writing to p-rform it, The new it was not merely inconsistent with the old in cases to bich it applied, but it expressly repealed sections 17, 8,19, 22, 27, 31 and $2 of the Revised Statutes ax to ‘¢osts. These sections related to costs of attorneys and counsel in the Supreme Court and Common Pleas, and of the clerks and criers in those courts, (laws 1340, ch. 386, 6, 40 and 2 R.8, 682, 8.17, &c.) It however provided b #. 38, that the act should not affect any suit or proceed- ing commenced before that act took effect This saving ection was repealed in 1844, (laws 1844, ch. 104, ». 8,) 0 that after that time the law of 1840 was to apply even to suits commenced before 1840. At common law, aud ‘without some statute, a succe-sful party had no tight to chats. If, therefore, in any case a ruccessful party will claim costs, he must point oxt some statute in foree, and not repealed, which gives them to him. He cannot chim them under a repealed statute, for that has ceased to exist; and he is left, therefore, to claim them uader some statute in force when the judgment Srendered. Accordingly, unler the joint effect of the acts of 1840-'44, costs could not be taxed under the sya- tem of the Revised Statutes if the judgment was obtained Devore the act of 1844 took effect, except perhaps as be- tween attorney and client, (send, Sup. and Rep., 669, 670, Brookiyn Bank va. Willoughby.) When the vised Statutes were adopted they repealed the previous statutes ax to costs on the same mates. ‘sab. 00 of §1, PB 32.8. 132,) but declared that such report should no etlect suits commenced in any c:vil cause previous to the | repeal taking eftoct— (1d. p. 155,05.) Thatlert two aystems } in force, and it is believed that cach was applied as to old suits so far as the services had been rendered undec them. Before the Revised Statutes, costs on appeal in certain cases, from a Justice's Court to the County Court, were in the discretion of the Court—but the Revised Sta- tutes gave the appellant full costs if he rendered the judgment against him $10; and the Supreme Court held, although peal was made before the Revised Sta- tutes took effect, that the former statutes were repealed, and that there was then no law regulating the costs in cases of that kind but what was to be found in the Re- ‘vised Statutes, which, therefore, must govern. ex. rel. Berry vs. Herkimer County Pleas 4 W. put the decision on the ground that no ot! costs but the new one was then in force. A like decision on the same principle was mace in the Supervisors of Onondaga vs. Briggs, (3 Denio, 173,) under the acts of 1840-44. And the Court held’ that even in tuits com- menced before the act of 1840, if judgment were obtained after the act of 1844 took effect, ail the costs were to be ‘taxed under the act of 1844—but on the ground that the previous acta as to costs have been repealed, and so be- ame totally extinct, the Court said:—'‘When the 38th pection of the act of 1840 came to be repealed by the act of 1844, all the provisions of the Revised Statutes regula! the compensation ef counsellors and at ‘torneys this court became extinct, and that Denides the two acts of 1840 and 1444,’’ there ‘was no othe: act in force when the suit was terminated, or when the costs were taxed, bearing upon the subject. la. pp. 175.176.) This ease is diferent. These were equity suits, commenced before the Code took etfest, Gnd the Revleed Statutes, as to the costs in auch suite remain to this day unrepealed, notwithstanding all the amendments of the lawa; they were not touched by the acts of 1840 and 1844, and there never has been any act i express); them. They, therefore, may stand along with the | je, and have generally been supposed still so to stand and to have equal force where the ser vices were rendered under therm. Section 459 of the Code, a8 amended in 1851, does not by implication repeal them, It makes the provisions of the code “apply to future proceedings in actions therctofore commenced, as follows when an issue, of law or fact was to pagjer then the trial and all subsequent proceedings, an after judgment to the proceedings to enforce, reach, mo- ify or reverse, is including the costs of an appeal.” Bi ‘ite very terme it was to apply Weed to the future proceed- ings im the cause. The bills of complaint drawn and perved in these cases, and the answers and replies alao drawn and served, and the testimony then taken, and the order Cloning the proofs, all constitated parts of the past (and not of the future) proceedings in the caase when the act of 1861 was passed. These services, too, were all rendered under a reasonable expectation that they were to be paid for under the laws then in forces. ‘These laws do remain still in force, and have no applica- tion unless it be to cases when actions were commenced 4s this was) before the Code took effect, and the costs had not yet been taxed, nor judgment rendered. They cannot be to have been allowed to remain for cases where judgment had been rendered, but costs not yet taxed; for after judgment the ed of the parties would be fixed as on a contract, and the subsequent repeal of the law could not affect such rights, It is also entirely con- trary to the prevailing policy of the Legisisturs to allow * a law to retrospect, even where it does not impair a con- ‘tract. Leontine, the Code, by express terms, was not to apply to these existing suits, except in the first part of it, which relates onl; mand ery of the courts, (8). The statute ot limitation adopted in it was mu ‘to apply only to future actions and causes of action, although such statutes affect the remedy only. The title of the Code relating to costs was included in the part which was not to spply to existing actions; and while olher sections were, by the supplementary act of 1549, made applicable to old suits, this title as to costs ‘was exclusive from that act, except sec. 815, aa to costs on motion. This shows a deliberate ped ng on the part of the Legislature to save the right of costs for services aiready rendered, as they would s like right under an expresscontract, Such a clear purpose, so consonant to justice, ought not to be defeated! on a supposed implica- tion. Section 303 was quoted repealing all the old e bills; but it mast be taken with the qualification baePmt in sec. hich expresaly permits its appli- eaticn to exin' its, and then it will only read that the old fee bills are repealed as to future suite, and eave them in force as to old suits. Then section 450 aay apply the new ayatem of costs to such part of the receediogs as should be had after that section took ef- Fee This makes all consistent and just. The ‘of the Code, ax expressly declared, leads to the gult; it declares in tl re- fame rection that costs a allowed to the jling party by way of indemnity. If, ae the counsel for the receiver argues, and as the decision of the Superior Court sanctions, the olf bill is to prevail, ween attorney and client, the indemnity to the Sekt can only be by allowing him what the law compels im to pay to his attorney. result is that the Code, an origi enacted, did not repeal the old fee bill as to suits previously existing; ‘of the Code, as first enacted prior sections of the Code, that repeal futare suits—thus, before sestion 459 waa ‘the old fee bill was in force as to old suite, and bill under the Code as to new suits, and ser- vices were rendered with a fair understanding that they system; then this new Cae to all fature pro- fect in terms, repealed the old and that although section 303 | | 38h | told Mr. Newman to NEW YORK AERALD, WEDNESDAY, tented of the tely incurred in the suit, and those would for the attorney whatever might have been fair) taxed to him, as the services were rendered and the aft . The Toxine. lene should proceed and tax ¢ costs on the principles above stated, taxing all costs prior to July, 1851, Tnuler the Chancery’ Fee bili, and all subsequent cost ander the Code. Supreme Court—Speocial Term. Before Hon. Judge Roosevelt. IN THE MATTER OF THE KNICKERBOCKER BANK —IN- JUNCTION AND REOBIVER—IMVORTANT DECISION ON BANBING AND FINANOIAL AVVAIBS. Roosrvett, J.—It is now about three months, accord- ing to one of the petitions presented, since this institu- tion stopped payment. Its creditors ever—and a large body of its stockholders joim in the averment—that it is insolvent; and the directors—those who now manage its affaire—admit that ‘‘if the assets pass into the haods ofa receiver, and are disposed of according to the sta- tute, there will be @ deficiency, and the creditors will not receive all that is due them.’’ True, the ‘‘nomiual 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 the leading petition of the stockholders themselves, and not denied by the officers, that “$250,000 and upwards’? consists of indebtedness by the late Di- rectors—and that, moreover, on @ capital of only $400,000, Nor is this all—the present directors, anxious as they may be to retata the control of affaira, 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 ia the oxpressioa— 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 the Judge shall appoint, he shall determine whether such corporation or associa: tion be clearly solvent or otherwise; and thathe may require the officers thereof to exuibit any aud all of its books, pepers, accounts, 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 distinctions sometimes raised as to what constitutes insolvency ; whetlier 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 corpo. sociation ‘4s not clearly solvent, he shall declaring the sume insolvent, and shalt immediately ap- pointa receiver.” On the facts then preseated in tho papers aa they stand, can there be any doubt that this imstitution, if not clearly insolvent, is not clearly solvent? Judged by ordinary rules, there would seem to be none. As the present directors, however, and some of stockholders, apprehend serious ‘injury from @ sudden judicial declaration to that effect, and the con! quent immediate appointment of a receiver, I concluded to make un order, a4 the act provides, thi list of wets and of the stockholders, with the re- spective values and amounts, be produced, aad that the principal officers of the present and of the late board attend before me, on Wednesday next, at 10 o'clock, at the chambers of the court, to be examined 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 ix proper should add that the statute in these cases contemplates rapid and summary measures. Billholders, depositors and other bank creditors, are to be promptly paid. And for that purpose the assets, if necessary, no matter what their character, if 80 ordered by the Juage, are to be sold at auction, « dividend, if possible, declared withia ninety days, and the deficisncy, if any, apportioned among, and levied on, the individual stockhowder: winding up, it is further declared, shail, ‘‘in no case,” be delayed beyond one year. All idea of increasing the assets for the benefit of the stockholders, to the injury —and delay ix not unfrequently the most ruinous of ail injuries—to the injury, I eay, ot the biliholders and de- Poritors, is repudiated'by ‘the whole policy of ‘the act and ix 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, id the entire 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 with 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 wa: 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 ouiside one on the larboard side. The Belle belonged to the Schuyler line of towboats, and carried the usual lights of that line, a light at the bow, an ele- vated one atthe stern, and'a red light over the pilot- Youre. There were no lights on the bar, The night was dark and cloudy, so that objects could be distinctly seen only at a 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. tween West and Magazine Points, when her pilot saw the 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, a few feet im front of the pilot. No others were on tue for- ward deck. ‘The pilot supposed, when he saw the lighta of the Belle, that she was the South Amorica, 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 too late. 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 a course of navigation 1s usual for ateam- boats coming down with a heavy tow on the ebb side, but with s 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 vv. Paine, im 10 Howard, and the case of the Genesee Chief, in 12 Howard, and this is therefore prima facie evidence that evidence as given doce not rebut this prima facie case, but rather strengthens it. Ifshe had had such a look- out, the probability i and been able to recti ‘North America, as to ¥ ed the collision. That on the evidence the fiood, and the navigation of the Belle on the east site of the river was therefore cous anda fault on her art. That the collision occasioned by fault of the two steamers, and the damages sustained by the libellant must therefore be apportioned. Refer- ence, therefore, to a commissioner to ascertain ameunt. Court of General Sessions. Before Hon. Judge Stuart. Jax, 16.—Obtaining Goods under Fulse Pretences.— George C, Benson, alias William Nimma, 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 hie 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 prepare the bill by three o'clock, when he would return and pay it. The defendant also ordered Mr. Newman to make up a eeparate parcel of furs, which he declared he wante! for hissister, These, valued at thirty-three dollars, he took with him to the National Hotel He was arrested at two'clock the same afternoon. To show the fraudulent intent of the pri- soner, the prosecution proved that about the same timo he went to Mr. Devlin’s atore, in Broadway, and also ob- tained goods there by false representations. Mr. Milli- ken, for the defence, contended that supposing 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, McKenna was indicted for stealing, in August Inst, from Robert Walker, cartman, a cart, usually left on a lot at the foot of James street. The only evidence against the prisoner was that of findi the pro] in ion some two months after Micles.” Verdiet—not guilty. was stol Burglary in the Second .—John Smith and John Farrell were indicted for burglariously entering the room of Joseph Williams, in a tenant house, 111 Hester street, and stealing thence some articles of clothing. The bur: giars 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 street, where they were also seen, and after a hot pursuit were sub- frequently arrested by two officers, e chief question for the consideration of the jury was 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 Pov for five years and three months, and John Farrell to the same for six yoars and three months. m Court. Bofore J ae Thompson. JAN. 16. —Bverett agt. McClackey.—Piaintiff claims $178 pociad the defendant, for money leat and sold i ). on {ihe Mechanics’ Banking Association rett, an August 25, 15 Howard, who endotaed it’ over to the 851 i the | The North America was about hsif way be- | barges in tow, and he did not discover his mistake uatil | the collision wax caused by fault on her part. That the | wer's novel called “ Night Morning,’’ is Bounced ee this evening—Blake, a: r, Bla Total value of merchandi and Mire Bennett, in the leading parts. The | Do. " lasees | amusements close with a “Lady aud Gen’ nin | Perplexing Predicament.’’ | JANUARY 17, 1855. of the def fad requested Mr. Marray, the rem gg gen “ the office be had. Mr. Mi Bonds advan ed § per cent; Virginia 6's, 4; New servis alietter accordingly: stating thet te afice conti | York Central Bonds, 4; Michigan Ceatral Railroad, be hes for paved pel ed Spb Cif caghere r tiffs | 1, The iasue of proposals for a new loan by the fencante, signed * per clerk,” in which be ie; | Thinols Central Railroad Company has hid a2 un" the office at the rate specified. The Court held this Pohl ag insuficient, and rendered judgment for the ni Ford Hollisur —The defendant was formerly owner pried of the Batt Hotel. On the 234 out favorable ¢ffsct upon the market value of the old bonds. They have declined three per cent since Saturday lest. The stock, on the contrary, had May Inst to Brown & Gritlith. At the time | improved, and the daily transactions are gettdag to ote jo nate tases a sate 7 ra ques, bes bo ting £6 the be quite large. There was considerable activity ‘otel w aden who wi 7, desired to continue’at the samr.piace with Bag, | ¢@ay im railroad bonds—Harl tie and New everal days after the transfer of ‘the establishment | York Central were freely offered, gonerally a! Griffith testified he saw Hollister, and the latter agreed to pay the boardof the three men, at the rate of $450 per week’ cach, Brown testified that he was paswing through the room when Griffith and Hollister were con- versing, and that he heard Hollis‘er vay he would give week for the board of the men; but Mr. Hol- lister testified that he merely negotiated with Griffith | on the bebalf of the men, and that he did not agree | with Griffith to pay their board; that neither Brown nor | Griffith ever cal! ed upo him to pa 1a word to. him upon the subject. ned to the laintifl, and amounted to $135. Judgment for the de- fendant. low pricee. The Erie Bonds of 1375 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 Punks Reading was tne most buoyant stock on the list to-day. We have looked over the last report, and should jedge that it would be very well received by tho stockholders. The slight deciiae in Common Pleas. nent. Specviators for a rise have the means to Before Hon. Judge Daly. KECKLESS DRIVING. Jax. 16.—Henry Farmer agt. John B. Dinglediew and others.—The defendants are proprietors of the Biooming- dale line of stages, and this action is brought to recover compensation for damages done tue plaintiff, an aged man, by one of the defendants’ vehicles driving over him in Chatham street, in March, 1853, by which it appears | Mr. Farmer's leg was so mutila to render it stil | useleas. Verdict for plaintiff, $700 and costs. bably do 80; but they mus: be active about it, The banks msy soon be collirg ia thelr 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. Tnen there wil be a stampede among the bulls. After the adjournment of the board the following sales of stocks and bonds were made st auction: ~ 100 bd, and mort. 5. Richardson to A. Belmont.$3,350 Police Intelligenee. CHARGE OF EMBEZZLEMENT. A young man named Joreph Evans was arrested yea- terday, by officer Webb, of the Lower Police Court, charged with having embezzled small aums of money | $y io: bo ane from his employer, Stephen 8. Harrington, of 95 Canal | 4770 do, do. do, 2,150 street. It appears from the evidence adduced, that | 4,160 do. do. do 3,025 about a week ago Evans left the store, taking along with | ,000N. Y. and Harlem RR. Ist mort., int. ad.” 814 him $20 of his employer's money, and appropriatiag the | 9,00 Ohio and Miss. R R 2d mort., iat. ad aa same to his own use. Since he left the employment of | 2,000 C., Piqua and Ind. R. R. Ist mort, int, 7a Mr. Harrington, it is alleged that he collected a bill for | 4,000 Clov. and Toledo it, R. incomes, int ad. 67 $5 50 of a man named Francis, and pocketed the pro. | _ 5,000 Georgia 6's, 1872 855 121000 Clev. and Pitta coupon bds., int. ad. 80 sharex Arctic Fire Ina. Co. (ax. div.)...86% a 89 ceeds. The prisoner was taken before Justice Connolly, who committed him for trial. £ jt 7 ON, CHARGE OF PICKING POCKETS IN AN OMNIBUS. 59 shares = ‘Sinipeer diel pelea m ¥ Yenterday # man named John Harner, was arrested by 10 SEMEN: vis ata teee ss 54g 1,500 shares Union Gold Miving Co. . +. 120 officers White and Ree!ahunt, of the reserve corps, | charged with picking the pocket of a Indy while riding | in an omnibus in Broadway, near Cortland street, Tne | Indy states that she felt the band of the prisoner in pocket, and accusing him of taking ber port mona e made a rush for the door, and | immediately given, hort chase down Maiden laue The port monnaie found in the street by the officer. The accused 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 gas fixtures recently taken from empty houses, They were taken before Justice Davison, at the Jefferron market police court, who committed them for examination. FALSE PRETENOES. 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 Geble saloon, corner of i arl and $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 not worth half the amount paid for it, The prisoners were taken before Justice Connolly, who commttted them for ex- amination. THE CONFIDENCE GAME SUOCKSSFUL. 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 forhis regimentals, as he was going to appear on parade. | Mrs. W. at first declined to give the property in charge of the fellow, but on his assuring her that he belonged to the prison and that must have seen him before on similar era: he consented to deliver the coat, pan- taloone, sword, sash, &c., into the hands of the confi- dence man, who had not been authorized by any other | then himself to make such a statement. No clue bas yet been obtained as to the whereabouts of this sharper. At the second board the market was considerably lower. There were @ good many cash transactions. Erie was pretty well maintained; Harlem fell off 14 per cent; Illinois Central Railroad 4; Iilinois Cen- | tral bonds 4; Hariem Railroad 1; Hudson River Railroad 1; Cumberland Co. 3; Nicaragua 4; Read- ing Railroad j. 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, Sbermen & Co., for the course they pursued relative to the affairs of Page & Bacon. The correspondence between Mr. Sherman acd Mr. Aspinwall, published this morning, places tne house of Duncan, Sharman & Co. in rather an unfavorable light before the com- monity. There was considerable talk about i: in the stacet to day, end there was but one opinion abut the matter, and that wasof 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 butiness men in this lati- tude, and he has, doubtless, come to the same coa- clusion within the past day or two. A letter from Messrs. Pago & Bacon, published in the St. Louis Republican, of the 13th inst., will be found in ancther part of this day's paper. An 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 traneactions at the Avsistant Treasurer's office to day were aa follows:— Received ... $130,423 21 Payments... 66,925 63 The Unemployed Workmen. | oy Ue Regen, Heo oes 2,436'987 Hi TO THE EDITOR OF THE HERALD. Tbe New York State Bank nas declared o The unemployed workmen!—What do they intendt | do’ Do they intend to force the citizens of New Yor to give them employment when they have none. Tho; 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 ind thousands of foreigners that landed here the past year’ Do they expect labor to grow according to the ia- crease of our city population, w! re have often from twenty to thirty thousend foreigners land here ia one week, and ‘ the ery is still they come,” and all this in- dependent of our own natural growth? And they demand that labor shali continue to grow according to their de- mands. If Lord Raglan should land his army here, in one day, I suppose that public and private labor should immedi: semi-annual dividend of four per cent; Bank of Mo- bile, tour per cezt; Paterson and Ramapo Railroad, | Jour per cent. ‘The Mutual Fire and Marine Insurance Company of Lexington, Missouri, have declared the follo ming dividend for the year 1854:—To stockholders, 45 per cent; to castomers, 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 ite abarer. This is probably the most extraordinary dividend ever declared by any incorporated company from the business of a single year. ately spring up, like magic, to mee; the demand, and the failure thereof would according to their argument, | We learn that the Auditor of the State of Illinois be th ct of bad legislation! They deny that this refuses to deliver up the bonds deposited with him movement in kept alive by foreigners. 1 would ask who by the suspended stock banks, in exchange for their bills. It was supposed the act passed at the present session 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:— is Wr. Foesch, who addressed the meeting ? Who is Wm. McCart; ho addressed the meeting in inst charity being offered them They do not want alms and will not but must compel from our citizens that e pot. If all the labor in New York whic! were divided among the foreigners that have landed at this port the last year it would not give them above four they toe native born. labor is scarce days work ina week, exclading entirely would ask, then, 'is it strange thai and that provisions are high ? For the redemption of stock... It is almost enough to creates famine in ourcity. No Tor paying Treasury debts cit so many foreign immigrants the custo fhe world supports se New York, from the might say, the burglar there are’ many thou class io this number. litical hacks, who, For covering to th uper ie pickpocket, and, I Force the midnight aaa whom God forbid : there are always enough like drown: en grasping at Lin mingle in with the diasatisfied, helping to trouble the waters, the hope of first stepping in and being made whole, This is plainly visible in the speeches of some of the gentlemen yesterday, who felt more for their own agi ment than for the unemploye'. 1 con versed yester¢ay with some in the Park, woo informed me that they landed here last week. I 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 hey ov beget) nor would I have the city ‘ower of Balel that Dr. Foesch’s countrymen employment, or Mr. McCarty’r countrymen be independent of alms, Iam weil satisfied with this country and its laws, and I can find betver employment than ranks of the ring-streaked and ‘treets, and making myself ridi- AN UNEMPLOYED MECHANIC AND AN AMERICAN. ‘The redemption of the public debt for the week ending the 13:h inst., was:—L:an of 1842, $7,000; loan of 1546, $1, 500; loan of 1847, $48,000; loun of 1848, $47,000; Texan in‘emnity, $2,000—total, $106 500. The Rochester Union states that Mr. James Hawks, one of the loan commimioners of Monroe county, who has lately gone to California, is techni- cally a defwulter 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 other account, and they refused to pay Mr. Hawks's checks. Mr. H. contends that the house held other other securities sufficient for its protection. The value of exports from this port last week, and the extent of shipments to each country, was as an- build a Theatres and Exnibitions, BROADWAY THEATRE. —The great ruccess of the grand ind fairy spectacle of “Cinderella” has induced the ment to announce it as the particular feature of ry evering this week. The farce of the “Irish ‘utor’’ will conclude the entertainments. A full house may be expected. Bowery TaxaTee.—The progra imme of amusement for this evening can hardly fail to draw ® full house, La pexed :— Belle Adams, and her Arabian steed Cinderella, will ap- | Liverpool.........8206,486 Br. N. A. Colonies. $44,082 | r. The comedy of ‘Fortune's Frolic.” the drama jenden "978.403 Br. W. Indies....... 6.406 of “Carline,’’ and the drama of the ‘Fox of the Wil- Glasgow - 112.619 Danish W. Indies... 27,423 derness’’ will be played. Cork $4,548 Dutch West Indies,. 22.723 Bowton’s Tuxatee.—The drama of the ‘‘Toodles,’’ 6,608 French West Indies. 6,213 the satire of “ Appollo in New York,” and a new | $2,007 British Rast Indier.. 6,273 drama entitled “Old Adam,’ are announced for thin 7,420 evening. Allof Burton's famous company will sppear — Hritish Guiana 25,006 in their respective characters. To morrow a new Cisplatine Kepublic 44,700 comedy. Antwerp + 120,961 Madeira . - 2,218 WaALLack’s THEATRE. —Brougha: adaptation of Bul- Total exports in the week... di m ports im the Week... ss ecse.- + 2,002,681 MrrnorouTan TaraTee —The amusements given at — i this theatre nightly are of very attractive features. Be. | sides equestrian performances by Sands’ celebrated | troupe, thre are dramatic pieces great interest—the , “Hole in the Wall’ and the ‘Courier of Lyons.’’ | Americas Moxecm —The dramatic piece called *Wal- lace, the Hero of Seotiand,’’ having been received with enthusiesm, will be repeated this afteraocon and even- ing—Meners. J. R. Scott, C. W. Clark, Hadaway and Miss Mestayer is the principal characters. Woop's Miverama—Mecnasics’ HAtt.—Besides a great | var ety of negro songs, instrumental pieces and dancing, the musical version of the “Munmny’’ will also be given. UCKLEY'S SxRENADERA.—This company stil! continue 0 attract large hour ‘Cinderella,’ wilh & fine selection of negro songs and dances, for to-night. Dowatpson’s Erwortan Trovrn—This company are playing at Hope Chapel, where they ive pare Ethiopian performances. A ‘Masquerade "' conclades the amusements, MR. Lawnxnce Snort, the treasurer of Buckley's Se- renaders, takes his benefit on Saturday evening next. Excess of importa im the week............. $1,500,349 This is, we fear, the beginning of a new chapter in the revulsion. Bterling exchange is gradually creeping up to apecie shipping points again, and we thould 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 sixty per ceat to | creditors of their claims. The debt scaled at par, or 100 cents, a knowledged as the amount available to Texas at the time of isnnance, will be reda ed, while the debt scaled at 25 cents, will be propor. tionably aivanced. After the bill passes Congress it does not become « law anti! accepted by the Legis lature of Texas—an extra sewion of which will be | called for that purpose, Taking the delay into co sideration it will more than agreeably disappoint FINANCIAL AND COMMERCIAL. | MONEY MARKET. Tunspay, Jan. 16—6 P.M. ‘There was slight reaction in the stock market at the first board to-day. Without much falling off ing included. im the extent of transactions, lower prices | Jemey City ie in the market for a loan of $100,000, apd more disposition waa exhiblied to realize. Yimola Central Bonds declined 2 per cent; Cantoa Co., 4; Nicaragua Trassit,4; New York Osa'zal eilsved, 1, Pemema Ledrond, (, Hedeve Leurved ok the city. Bonds for $1,000 each, beering ax por om taterest, wil, be punt, rpgeomanig im tie LA quotations for the fancies to-day my not be perma | carry prices up @ little higher, and they will pro- | 1st of February. The Board of Directors of the Galens Bf Railroad, 3; Harlem, §. UlMnois Central | of January, 1983. Bids received until Thursday, the and Chicigo Union Railroad Company have directed that the tracefer bocks of the agency in New York be closed until further notice. The fleances of the State of Maine satisfactory condition. The receipts fro: expenditures to $343,818 04—leaving $108,107 41. The State debt is only clusive of the $250,000 of the Mass debt, which is redeemable in ten sum each, from 1865 to 1872. Northweet:— Complete. | No. of Roads, — Miles. In Obio., 41 2.044 | In Indiana, 26 1,388 In Minois, 27 1,909 In Michigan 1 434 | Im Winconsia. 8 13 In Iowa 6 ee Six States..........115 6,248 The recent bank failures in Ulinois bave had a good eff-ot in that section in seselon, aod the firat action has been the bankir g systems of eas’. A bill hi General Banking law. bills from circu ation, and thereupon it made, it shall be the duty of the deliver to such banking association amount of securities depovited with association. | amount of its bills, ed with him by such association, and same regulations and for the same tificate contemplated in section first with the Auditor, seid association 6! shall be subject to the same pepa' imposed by the act to which this is an of earnings aod expenses during the November 30, 1854: | Net earnings for the year | Itappears that in the aforemen neral expense’? for the year, items | 586 68 are iucluded, few of which | amount rond, and the expense of consolidation of t Among the items are gratuities lis on at North Bridgewater, Novi er and altering cu’ $15,000 00, $4,785 19 rary expenses, into the expense account of the paat y The amount to the credit of earnings 80tb, of both companies, was... i] Leaves balance of earnings. The total const of the union was, The present accoun' ‘The directors say, after a careful e: construction account and the actu: the property represented thereby, account of “ ge Against this should be “educted for pur- el res by both roads prior to than the present amount thus charged to that account.’ The annexed statement gives the quantity of some of the leading articles ascending and descending the arein avery - m all sources for the past year amounted to $461,025 45, and the @ balance of $431 500, ex- huset’s land 8 of $25,000 The Railroad Record gives the following sammary of all the railways, complete and ia progress, in the in Progress les 1,891 1556 200 450 983 6,438 and Indiana of country. The legislatures of several Western States are now in regard to as been in- troduced into the Senate of Lilipola amending the It provides that when auy banking association sha!) desire to clore their busl- ness of circulating its bills, it shall be lawful for soch association to file a certificate in the office of the Auditor, of its desire aod intention to withdraw its hall be law- ful for such banking association to surrender to the | Anditor its bills in sums of not less than one thou- | sand doliars. And when such surrender shall be Auditor to a pro rata him by auch And that whenever any binking assoviation shall surrender to the Auditor any nd shall pay the Auditor an amount in specie equal to all the outstandiag bills of such banking as+ociation; the Auditor render to such association all the securities dieposit- all sur- the Auditor shall retain the specie so paid t» him, under the purposes for which the securitics were held. And further, that whenever any bavking association shall file the ovr- of this act, shall cease to pey out or ciroulate its 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 bills, which srs amendment ard punish persons or associations itlegally issuiag bills for circu’ation asin lieu of money. * The aunuel report of the Old Colony and Fal River Railroad Company gives the annexed exh'bit year eading OLp CoLowy ann Fart Riven RaiLroap, RKCKITS, For transportation of passenge: - $410,014 64 Do do, reight, 217,148 62 bo, do. mai 4,066 02 Do. do. gravel, offal, &e. 6,370 $6 bE eee oehie - $640,006 14 Expenves for the same time — For interest on bonds.......... $8,608 50 For interest on floating devt 7,976 81 | Reat of South Shore Railroad, (to April Ist), terseserss > 8,800 00 Rent of Lorchester and Milton Ruail- General expenses 474,240 03 $04, wen, but dimiaivh the net iacome More than three fourths of tain as been paid on account of the Fall River two roads. s by the col- ber 21, 1853, $42, xpenses of consolidation $15,700 16; Furnace ; deficiency in It was thought advisable by the a clean business of these oxtraordi- therefore they have charged them $954,573 96 ar Erie Canal to and from Buffalo in each of the past | two years :~- CANAL Commnck OF BUYYALO—ARMIV ALA 4x0 Der anton mtily Aycend: Articles, we ‘Tin Merchandise, Iba. 147 41,726 Sugar 3 14,875,843 | Molasses 16,486,024 10,075,455 | Coffee igesstecgeons SRT 14,062,671 | Nails Ahorse shoes 7,206,847 9/381,987 | Ir iouers + 16,660,738 22,018: 262 | Railros 144,985, 834 147 922,490 | Pig iron 14,440,266 | Curtin 26,879) 607 10,941 691 Dow J Foreign aalt Leather ‘ 16,128, ole amount of tonnage | Articles Flour, bbla., 3,991,133 Wheat, bes.,. 4a ela | Corn, . 3,118 691 Onte!. Harley,. Rye Boards sod seautling, feet, 61,986,003 #taves, Ibe... . 16,006 068 Minera! coal 0,545,081 Copper ore, 1,196,808 ‘etal tone clearet oan 418 Total tolls cotieetad 906,004 T1 Ascending tonnage... Descending tonnage Total tonnage........ 70,027 049 6,988,010 2a O85 9 405,809 4106 298 Ino 69,109,000 120,243,202 rome r 8,243,092 On26 085, 316 1866 980,772 On,216 1,071,988 | Increase in tonnage in 1454, compared with 1453, the holders if they realise fifty cents on the dollar of 64,384. According to this, the deficiency in tolla their claim, without interest, which honest Texes in 1454 must be attributed entirely to the redaction cannot afford to psy. Phe treasury notes of 1439 in rates. The edditional tonnage transported in and '40 are scaled at 25 -ents, and are now offeredin 1454, which amounted to shoat eight per cent of the the market at 40 cveuta on the dollar, no interest be | sgeregnte in 1863, would, at the rates of 1452, have given that increase in tolls, but the board of Canal Commissioners cat down the tariff of i ‘The only ipoorporated banking grec! ia the Baak of the Giate, charges #0 of which $70,000 te for funding the floating waster | much a+ to ranse a falling off in the aggregate reve dett, and $30,000 for extending the water works of or of several hundred thousand dollara. | institation in Os Am 200 - b60 450 ols M2 . wo | 16000KrieBs,"63.812m 109 do 10000 do os 1010 Erie RK. £000 ErteBs 30 1 do. OU Cen RR Bs do 600 do. do., 16600 = do... do 123 branches in different sections. fhe Biste owns about three quarters of the bank capital, and derives: ‘8 large revenue from its profits. The condition of the bank om the 30th of December, 1854, was as aa- nexed :— Bank ov Tue State pcos axD Braxcums, Dr. Bills discounted, $1,800,914 #6 204402 45 1,804,869 36 Exchanges maturing Heal estate. 98,490 18 Bills reevivable..., 51,758 8 James L. D. Morrison. 18,108 08 Burpended devt,..., 93,772 86 Due from be) 96,101 28 Bank notes 411,910 00 Specie on band... eR nc vepsceea . Cr. Copital stock owned by the S:ateB054,205 a2 Capital stock owned by indi viduals,.... 201,200 00 —- —— 81,215,406 22 Due depositors, s seoees 1,020,119 99 Dividends unpait, 1,416 a Interest and exch: Lepsexpensen..... Lens protest account 227,393 16 Contingent fund,........4. 107,991 Due to banks. 104,540 86 Circulation... 238 340 OO The suspended debt of ar follows:— Mother Hank Branch at Fay Cape Girard’u re Springfield. . " 3,082 Lexington... 12,700 12,771 Ine. = Th Total.....cceeeccese 877,000 $09,720 A comparison of the leading items of the bank avd branches, as reported in December, 1853 and 1854, presents the annexed statement: — Debit 1858. 1854, Bills discounted. .61,917,000 $3,400,000 Dee. $117,008 kxch, matured 204,000 294.000 No change, Exch, maturing... 1,700,000 1,304,000 Deo, 394,008 8 Jed debt 77,900 3,000 Ine. 16,000 Coin on hand, 1,139,000 Ine, 202,000 Deposits...... ot 1,295,000 Inc. 18,008 Interest and exch, 000 Ine, 6,000 Contingent fund 107,900 Ine. 4,000 Circulation ...... 2,000 The movements of the parent bank compare as follows:— Detit. 1853, 1854, Billa discounted... 1,004,000 1,151,000 Ine. Exch’s matured, 246,000 00 Dee. Do. maturio, 1,246,000 643,000 Deo, Suspended debt 9,500 20,400 Tne, Coin on hand... 96,000 774,000 Ine. Credit. Due depositor 080,000 1,105,000 Ine Interest and ex 186 000 190,000 Ine Contingent fund ‘99,000 107,900 Ine, Circulation ., 1,600,000 1, From these by igs it will be seen that the movement of the bank 4 thatof the mother bank also, hi ince December 81, 1853 —the circulation having decreased within the year $243,- 000; the coin in the mother bank having increased $179,- 000, the exchange, or purchase of foreign bills, having fallen off during the year $417,000 (being more two thirds the active capital of the mother bank); and the suspended debt ng increased $20,600. In the rf nid Wills discounted it will be seen’ there ia but nd the iacrease, in the interest and em- 000 in the mother baak, and $1,000 ad- and brane Stock Fxchange. , de bu ditional in bank 95000 V oo 20000 Mich Cen RR. b1O 1060 do a 2000 Louisiana an 11N Io 4000 Harlem let Mia a ‘ 200 Hud Ri 1000 do, 24000 00. 005 1000 N ¥ Cen KK Be 1000 do, 2000 Sis iad 6000 Chi AR Leh RR Be 100 she Meeb Bank 6 Del&Hud Canal 10 Mer Ex Bank 86 Metrop'n Hank, . 106 Gold MN Mine #00 Canton Co...b60 do. do do... do... do... do... do do do do 400 Harlem 2 do 100 1080 Reading ith... 110 F 50 le 600 oo 10 100 100 100 ; 100 do. 165 NY Cent RR, 100 ope 88 80... OO BTN sRCOND 96060 Ti Con KR Bas 65% 9000 Erie Con Ba, '02 73 ‘27 she Mech Bank. 109 6o o 200 Canto: 2 200 « ca 196 Erie Kail “ 6 do ad 200 do 46 i 200 do w 100 Reading I 0 do + 4 200 Cumb Coal. 16h do 45) 100 do..... 10 do a 6 do, 106 do eo 4 100 do... 100 Harlem Kik..b90 Bag 100 40... 960 10) secvessnn: ae 60 do “0 Sis 100 do.... ats 60 do... als 100 ao a ano do... ot My 100 Didecses a 50 Hud Riv Rit. at 57 do. aL 10 do, alo CITY TRADE REPORT. Tomar, Jan 146 P.M Avtomt.—-The trade was confined to smail sales, at 06628 & $6 76 for pots, and 87 2h for pearls bresvercrr —Flour—The market for common grades a ie jd bbl lower, The sales amounted me 0 Genesee ot 61000 » O11 76 1,200 bbls, were sold, in Gecrgetown at 89 60, 7 wes in fair request, at 69 12 for common, in bond, ond $0 67 2 $10 for duty paid. Wheat was quiet aod nomi- nal, Corn was dull, and prices favorel purchasers, About 26,000 to 10,000 bushele were sid, ined Houthern white and yellow at 6) 04 « 61 6, and a, Long Ieland, fancy quality, at 6100. Kye was quiet, mo were wold at 10%6, and 80) bags Kio were solt at ¥Ke. & OMe tw Mie Fomor. — About 92,000 bushels of corn were in balk an in ship's lage et 44. « 64 60 pedeg no and lard at 174. O4., about 100 @ 600 tierces beef at Ba. & Se 6A., with 109 to 200 bbls. pork w! 28. 64, and 200 & 00 bales of cotton at \¢d. for compressa’, wad Thad. for uncompresset, and 2) to ¥) bo 17s, 64. To Lanion and Glasgow rates out engagements of importance. To Havre nothing new To Merseiiles, liquors were taken at Se, cottom, Ke; lard, Ke, and provisions of 1006. per bbl. There was no change to notice ia rates fae California or Australia nvr —The sales embraced about 200 bosses wet ty, tassios A082 dry was wechmoged. At tales of OH bales were reported sold at Ube. @ 8) per 1 ite Ore were at Die. a he. for ew, with emall alee of at dhe Beateh pig wre quiet, and prices unchamged. —The stock was light, and prices frm, New Orieane fwee heb at She Cube was in light rm me Hales of 0 Wile epirite tarpentine af ng orier Maw torpentine was at carh, bi shout 85 a tm On. — linseed © my at sperm ol were held above tbe ¥ wore light Pav iionn O14 meee pork clowd dull ot 912 ch ene 10 4 0 bbe, we on te ebly owt of market, o 000 Vole new inees pore of May, seller's option, at 615 oid aL O15, 200 mew mene varied 0 Lola. prime city mene eoht st changes, with moderate sales, 265 bones Long Island Toltdiee bacon were welt, del reratle free om abi in Philadelphia, at ye on the epot, at O46 wld at Oye. Lard wee rather easher to purchase, with wales of shout 100 terese, ot 106, and 14 6 200 bile, at 1OKe 8 106. the letter in emall prime choca sod oller were Ken The market wae quiet, at IKe. 5 bige. feaaa--There was come better feeling ST yteg ket was rather Ormer The sales embraced 164 bhde, poet New Orieane. at be: a4 200 do . at Oe. cos OS Sees sid Cabs wore sold sh the 18 Bos Pind at . ace — tales were limited for want of stock, anf prices tatng Mt hd Kentucky, at OX ¢ @ 130.5 se 1 cosme weed lea! Ohio tp et. At bow Nevema, ot Se; 0 came amet lent, at be. aide; 46 do Mleride, mee #1 100. 8 the A, telacted tar, for shipping ot 83. in. cash. Whale sad Ww FY The sales of od | Ad 990 be. 08 90)G0°” Dewdge wan belt os