The New York Herald Newspaper, December 17, 1856, Page 5

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» Superier Court—Special Term. Before Hon. Judge Hoffman. STOCKJOBBING OPERATIONS. Dme. 16.—Francis H. Saltus vs. Sidney 0. Genin and Mifred Lockwood.—The testimony in this case was con- ttnued to-day. Isaac C. Len, again recalled, deposed that W. H. & J, Hayes bad 2,605 shares on the 7th april, aud 2,206 on the Sth; L. T. Hoyt bad no shares on January 8; be recetved 200 and transferre 100 on January 6, aud 200 on January 7; on the 8th he had 100; on the Sth April the Hayes transferred 200 shares. Jacob Hayes deposed that ho had no transaction with defendants on the Sth April; witness neliber bought nor sold, nor transterred nor received any shares from them. ‘Orors-examined.— Ho Ly pap S our name on the 8th, and 1,700 we owned, an: orrowed money oa; ceeteas we take stock without taking traasfer; in- steed of that we take certideste and power of attorney; ‘aboat this time bat our own; I don’t vemember any transaction with about that either or loarag - Dios, at 23, buyers’ option, and 100 to R. 1. Cutting, at 9495, buyer 30; on 10th January, 100 to R, L. Ca! at 2434, Duyer 80; on 19th, 260 to A. Fi 30; on 4th Marob’ 100 to C. Eiviny at 92%) Tho cause was thertsummed by Mr. Tracey for de‘end ‘ents, and Mr. D. D. Field for tit. The wing are the points upon Mr. Fieid submitting his case:— 2. The plaintiff deposited with the defendants 35 shares of SixthA venue Hallroad stock, as security for the fulfilment 0 Jawinl covtracts to be made by the defendants for the purchase of 200 shares of Nicaragua stock. 2 if the defendants did not make such lawful contracts they are bound to return to the plaintiff the stock deposited by 3. A lawful contract is one valid within both the stock job Ding sct and the statnie of frauds; and on which the plaintill eould have enforced the moment it was made. 4. None of the contracts made by the defendants for the pur: sbase of stock were valid—none of them were in writing. In 0 case did the seller own the stock at the ttme of the con- weet, or act ss agent of an owner. For both of these reasons the ‘contracts were. nulities, The plaintulf could not have enforced one of them. 5. The fact that the siocks were afterwards transferred does not remove the difiiculty. Recel the stocks on invalid by the pluintit. If the defen- dante had not, in fact made valid contracts for the stock on ‘the 8th of January their potice to the plaintiff on that day was ‘meorrect and tended to mislead him. mij ave changed bie mind the next day if hs bad pot su if bound. 6. I > priee of the stocks in fact fell the next day, and the ploy would have saved at least one per cent, or $100 and ‘wp » ards, if the contracts had been made on the day of the de ‘or all which reasons it should seem that the plaintiff jerwise, and the stock as purchased was justly chargeable to the’ plaintif yet the “defendants have it thelr own by using it as if it were thelr property— having held the stock for the plaintitt in the character of trus- tees and had no right to use it. &. The defendants violated their duty in seliing the stock on tame while they were claiming to hold it for the platntiff, and sbould, therefore be charged with the stock as having made it their own. | By selling on Ume they have depreciated the mar. et, and acted in hostility to the plaintifl’s interests They whou'd, thertiore, be permitted to receive nothing from him Jor the stoch , but shouid restore him his deposit. 9. If the defendants have not thus made ives charge: able with the stock and lable, therefore, to rebara the deposit, ‘they are bound to account for it at its value on the 13th o: March, the day on which they parted with all their stock ia the 1@. If the reasons heretofore given had none of them existed i'ted to charge the plaintitts ith the $5,000 advanced by them ss a loan to the piaintit! on the purchase, because of the usurious premium of $150 over and above seven per cent. No explazation of this charge is given by the evidence. One of the defendants, in his conver- sation with the plaintiff. stated the pretence for the change, which the plainut denied. There remains, therefwre, 1). There is no warrant for the charge of $150 as brokerige Joans from third persons. Not a pardicle of evi: mn given that the defendents ever borrowed a dollar for the plainu, And even for negotiating ® loan for oe time the statute allows only half ef one per cent. (1 R, 8. 709, 8. 1-6, Barb. 177 ) 12 The charge of one quarter of one per cent on the par value of the stock, when it was purchased for one quarter of a par value, and of an eichth of one per cent when it was for 184 per cent, 1s unreasonable and ought nét to be allowed. 13. The result, then, will be this:—If the purchases be held ‘imvalid the defendants should be adjudged to return the Sixth Avenue stock to the plaintifis. If, oa the other hand, the puc- be held valid, then the question oceurs how much must laintift be charged for the alleged advance of $5,000 on ih of January? Plaintiff submits, first, that he sboald 5 ‘snd, secondly, if the other defences are passed er then that the account should be taken in this way, i. ¢., he plaintifis should be charged with the stock at the price it dere on the %h of January, which was 24, and be should be Sredited with it at the price't bore on the 13th of March, which war ‘The Judge took the papers and reserved his decision. Supreme Court—Special Term. Betore Hon. Judgedoosevelt. THE GOLD HILL MIDING OPERATION. Bac. 16.—Higar W. Vorisagt. D..A. McCredy and P. J. 4rmour.—This dill is filed to get rid of the consequences ef an unfortunate speculation in Gold Hill stock, on the aileged ground of ‘raud and misrepresentation. Roosevact, J.—The plaintiff says that he is a practising pmyeician in the town of Now Rochelle, and from that etrcumstance, it is presumed, would have the coart to ia change, whereas Ex wr Abe dé fendants, be #ays—altbough one of tuem (MoCredy the pay bas his country. pow bi eg beens et me. The ‘plait and the a |, Were in babiis of socis only the neighbor, ba we & suggested investment or ulation in ‘Gold Mining Company,’’ of which edy said be bad sea for himself two thousan: market price being three doliars pcr share. The doc- wr being thus given to understand that a pretty large be undertaken upon ‘a very after a few days reflective aod ares, ano paid snother visit to McCreiy, es be suid, “to see what there was in this MoCredy, at his request, took the mosey yi 5,83 a itt aie r i eea5GTESERESG GEES SREESEI EERE Hetaeereteal duets . steed of « part of the reler as five cigbw, instead iy, deca use, if not faét proved. that Dr. Fors, inetond wes mado. emorn xplana- oR aystom of procedure, such asthe tt viehen all Ly bave viewing walter that the defence Imetances, equity ‘chaee the law confers upon the Ii 2 oui joem It proper not to charge the difendante with interes or, coats, Judgment w refund the two paymects and sorreoder (be note. Common Pleas, r .—This euit was to recover damages for injury done to 100 bales of cotton which were shipped on board the ye oad Imogene at New Orleans in Auguet, 1866, for in thie city. For the defence it was contend- ed the cotton was damaged when coming down the country and before it was put om board, and for which (he delendante were not liable, Verdict for the plaintif, emonnt claimed. Before Hon, Jodge Daly. another os James Ainslie So murrer is interposed, and the piain- upder section 247 of the Cede, mo Me ist NEW YORK HERALD, WEDNESDAY, DECEMBER 17, 1856. Supreme Court. ASSIGNMENT OF COURTS AND JUDGES IN TER cIry OF NEW YORK FOR THE YEAR 1857. Ant Monday of Fob., Judges Mitchell, Roosevelt, Davies. “May; “Mitchell; Roosevelt, Peavoay 2a | Repke Mtahell, Clerk, Davies, o Mitchell, Clerke, Peabody. jroutt. ‘1st Monday of January, by Judges Roosevelt and Davice, . February, ‘“ ierke. “ bel March, Mitonell aud Peabody. April, “ Roosevelt aud Peabody. May, “Davies, June, “ — Olerke ‘and Peabody, September, ‘ Koosevelt. October, ' “* Mitchell and Clerke. November, “ Davies. December,‘ Clerke, Where two Judges are to hold the Circuit at the samo tie, the one last pamed will taxe up the calender, be. ginning witb the last three hundred causes, and con'inue With those canses and such as may be added to the calen dar afterward. double the usual num- ber of jurors will be sum: unless the business of the Oyer and Terminer shail prevent the attendance of more than one Judge at the Circuit. Syer and Terminer. At the same time with the Clrouit, in the months of April and October. Special Term. First Monday of Januar: by Judge Mitchell Ls Marca. “Roosevelt. # April “ Clerke. bi June. “Davies. po October “Peabody And every Saturda; for special motions. The Satur: ‘motion torma will be held when tho me papa WERE ey are ne io Sastavae bean se fage sing Chambers. will at tee same time hol ‘Term jor any ex-part Id business, and for such litigated business as he shal) ex- pressly permit. January by Judge Gerke. July....by Jadge Davies. February, ‘“ Peabody. ‘August... ‘ Peabody. eb, “ September “ Peabody. “ October, + Roosevelt, “ November ‘ Roosevelt, Mi |. Deoem! Davies. The Judge at Chambers will begin on the first Monday of the month to which he is assigned, ana continue to and including the Saturday preceding the first Monday of the succeeding month, Regulations. All issues of fact alreacy jomed and triable in the city of New York will be noticed to the Gierk, and bo put oa the calendar for the ensuing January Cirouit. ‘ Durivg the Orst week of that Circuit, motions to correct the ca‘endar adi may be mi ‘after that week the calendar will remain unebanged, and continue the calendar for every sncceasive Circuit, ‘until al! the causes on it shall be tried; each Circuit be- ‘mee KY calendar where the immediately precediag rou 4 Fifteen causes a day, and no more, will be called at ory ‘and special terms, and before cash Judge at rouit, unless otherwise specially oraered. No cause will be set down fora particular day ata Circuit, unless sworn off when on accouut of the absence of a witness, on payment of costs. If the trie) of a cause shall not be moved by either party, when called in its order on the Circuit calendar, tt ‘will go to the foot of the calendar, and not be called again until it ehall be reached in that place. All new issues will be noticed for the first day of the next Circuit, alter the same shall be joined, and be put in thetr order at the foot of the permanent calendar. After the firat week of each Circuit (during which mo- tions to correct the calendar may be made), the calendar of the causes which may have down at the Circuit, and the new issve:, will be ente:ed as part aad in coutincat on of the permanent calendar; and s0 on, from court to court, until the end of the year. ‘These regulations do not affect the question of noticing the causes for trial es coreiegeny from coart to covrt, as the siatute may require, Circuit Calendar. At any Circuit, until farther orders, causes belong- ing to either ot the two following classes. may be placed on ® Special Circuit calondar, unless the trial is likely to occupy more than one hour. Ast. Where the astion is on contract, and ihe answer merely denies the allegations in the complaint, without setting up any new matter. 2d. Where the action is on contract, and new matter is set up in the answer, and there shall be reason to believe that the defence ts made only for the purposes of delay. To entitle the cause to be placed on such calendar, the posts attorney must give a notice of four days to be 'd before a Judge at Chambers, that he will move to have the cause placed on such calendar, and if the mo- ea Se seemed; Gp ennas any be beard on any subse- quent Frieay. 1f the motion be founded on the belief that the defence is for delay, affidavits must be servei at the time of The plaintif’s attorney must deliver to the clerk of the Circuit @ like notice one day betore such Friday, contain- = wader of the cause on the General Circuit ndar. If tho cause shall actually oocupy more than one hour on the trial, the trial may be suspended at the ¢iscretion of the Court, and the cause be pat down at the foot of the calendar, Interesting Question of Insurance Law. COURT OF COMMON PLEAS. Before Hon. Judge Brady. Dro. 16.—John 0. Woodruff & Oo, vs. The Commercia Mutual Insurance Company —This was an action on a marine policy of insurance issued by the defendants to to the plaintiffs on 7,€58 sacks of wheat, @ipped on board the ship Toulon, at New Orleans, by the plaintifls, and peer ‘on her voyage the last of December, 1865, and Arrived at this port in January, 1856, * Teas adduced by Mesars. O’Conor and Marsh it a a ee ae firet one splitting her —- Apotber gale the capta'n describes as ont he was ever out in, hitting the Toulon j stove lator and left ap aperture in the deck of some 12 {aches square, The water lay on the deck so that everything thereon was afloat, and it was impossib'e for some twen- | ty minates to go irom aft forward. Daring this time tho Water poured through this hole left by the ventuator beng guna, 0 te Se , ob that part of the wheat stored ton also leaked badiy ail wa. Toe lower ood for nothing, the sacks destroyed, - That portion of th ‘well as that stowed between decks, taaily touche ‘the water in its fluid natural siate, was damaged by absorption, vapor and steam arising consequence of the otber portion being wet Merere. Culting and Booth appoared for the defend ante, the balance they contend that {t was injured, not by actual contact of sea water, but by the evapore- Uon, &c., therefrom; and that they are not lisble for tu's latter di , Under the following clause of their policy :-— ow by the insured fres from damage or tnjary from change of flavor or being sputted, dis- colored, marty 'or mudey, except caused by actual ‘con- tact Of sea water, with the articles damaged, occasioned In case of partial lose by sea damage to | itlery or other hardware, tue joss shail be acy ya clause is to provide the article Itself, more than Per onnt, it is claim: by plaioul that defendants are absolutely bound to pay. : — is $9,676 66 and interest. Toe case Supreme Court—Spectal Term. Before Hion. Judge Clerke. MADAME RESTELL IN COURT—SUIT FOR THE cus TODY OF A CHILD. Dro. 16.— ITabeas Corpus —The People at the Relatin of Predrica W. Metinger ve. Ann Lohman, otherwite Madame Reatell.—This waa an application on habeas corpas, moved by Mr. R. Johnston, to compel the defendant to Produce the infant chiid of the relator. The circum stances, which have already appeared in the bd ports, are briefly these — relator, Fredhes: im the houge of the respondent, and, at her solicitation, the lid waa given to another party fo: ac lator remsined for some time in th and was afterward: i i respondent then goer into a staterm: evicence adduced before the Police Jastios ot tetore Jodge Capron, by whom the compinint was diemisred Juoge Clerke ordered that the matter be referred to } C ae Jeaheay a tee awe whether 16 1 child, or } rerponden: |, OF Knows ite To the the Trade and Public.—A New Edi- dition of Wikof’s Adventures of a Roving Diplomtis: wull be onnn 'W. P- PETRIDGE & CO., Publishers. Jones’ Italian Chemical for 26., era and salt rheum. 202 Bowery, heais chi at wery. magred Seth, Beaulitul for shaving Try it. Knox’s Depot is at the Corner of Broadway and Fulton street, where, besides hais, an assoriment of furs, the bke of which’ was never before ‘seen here, can be in- epeced Furs are very dear this season, but KNOX manages wo sel them at low prices. Beebe & Co., 156 Broadway.—Hats for the holidays, of every desirable pattern fabric. Cameo-type.—Flattering and Beautifal, and the moet acceptable git for the holidays. WILLIAMSON BROS., Brooklyn. Cabinet priveeeeiy 2 Beautifally Colored, only £0 cents; photographs $1, at R. A. LEWIS’, 142 Chatham street. are Taken ‘The Best Ambroty pes In the Ci rices from tifty atthe EVERETT gailery, 423 Broadway. cents upwards. —F.T. F.P. F. O. D.—This means that FARRAND takes four photographs for oue dol- lar, at 807 Broadway, equal to $ pictures elsewhere, ‘Who Stops Your Horses.—Step in aud Get you a shilling portraitype taken. Nothing like thomin Ameri da ‘At HOuM as", 259 Broadway. 20 Cent Ambrotype Likenesses, with Case, beautifully colored, and no extra charge, at KIMBALL'S picture factory, $47 Broadway. Gold and Silver Watches, Diamond Rings and ping, jewelry. and silver spoons, forks, &c., for sale at wholesale'and retail, at Jess than the usual prices, by GEO. ©. ALLEN, importer of watches and jewelry, 11 Wail street, second floor, near Broadway. Plash, Furs, Hat Trimm! rubber cement for sale by EASTMAN Maiden lane. Varnish and ROBERTS No. 51 Furs, Furs, Fars —At White's, 148 Fulton street, betwee Broadway and Nassau. Gents’ bats at $3. Ladies’ and Children’s Furs—Gifts for the season.—Splendid sets of mink, Hudson Bay sable and fitch furs. ‘Also, beautiful sete of children’s furs, appropriate ar- ticles an Christmas aad New Years’ For aie at BAN- ‘TA’S fur store, corner of Canal and Wooster streets, For Sets for Misses and Children—4 Splen- did holiday gift, at FORD & SCOTT'S, 210 Broadway. “Buckskin Shirts and Drawers.” —A Lai assortment on band and for sale at J, P. SCOTT'S furai store, 15634 Fulton street. Holiday Presents.—Inger & Co. have Re- ceived per steamer Atlantic a splendid assortment of goods, suitable for Christmas aud New boyy GEV. E. INGER & CO., corner Ws r and Broadway. Fine Wedding Cards, Envelopes, &c.— EVERDELL’S is the oldest establishment on Broadway tor fine card engraving. Established 1840. Smithsonian House, Broadway.—Hotel Ac commodations on the European or American pian at option. Steam beat throughout. SIDNEY KOPMAN, Charter Oak Charms, Crosses, Sleeve But- jouuted in gold. Sold only by WM. S. TAR- 395 Broadway. Seal Engra’ Crests, Coates of Arms, Cyphers, &c , on stone aud metal seals, rings, &c , at EVER- "8, 302 ‘Broadway, corner Duane atreet. Native Wines.—Sparkling and Still Cataw- be, from the vinyards of J. D. Park, Esq., Cincinnati, war- aiiled only the pure juice of the grape, aiid superior” to the best French champalgus and German hock. being more gen- erous, rich and fruity by retaining the natural flavor of the grape. BARNES & PARK, 804 way, coraer of Duane. For the Holidays.—Ladiee’ and Gentlemen’s dresses cases, ivory and buffalo brushes, Bohemian cologne dottles, perrume boxes and extracts of all kinds, which are sold at prices lower than are elsewhere demanded fc mon and inferior articles. Bowery Drug Store, No. 163, just above Broome street. Best and Cheapest vil Cognac Extract brandy, escencea, Hollavd gin, Jamaica rum, apple. peach, and cherry brandy; ye ay’ la, Bourbon aad hb whis- kay: & preparation to give body and age to all spirit liquors All rare ch ala. freworks. mates ) metals, &o., for sale by Dr. L. FEUCATW ANGER, 143 Maiden lane, We ea Eatery to Caution the Pablic ainst purchasing our London cordial gin from peddiars Gur empty botties have been collected and filled with some deleterious miature, and palmed upon several hovel keepers rt as the genuine’ Charles London cordial gin. We shall supply nopedar hence ali so offered is counterte't. EVENOGE & CHARLES, 135 Pearl treet. ‘Teeth, Perfamed Breath and Bean- tifa) lexion can be acquire by using the ‘balm ot a thousand flowers.” Beware of cousterfeits. fhe immense sucoess of the ‘balm’ has brought out hosts of counterfeits and impostors. Be sure each botile is signed FaTRiDGM & ©O., Franktin equare, N.Y. For sale by all druggists. John Wood’s new Gymnasium now open, at No.6 Ras; Twenty eighth sirect, New cusses forming y- To Fathers and Mothers!—Scarlet Fever proves the importance of purifying the blood by a brisk pur- Eatin. Let Braadreih’s pills be used in euilicient doses to urge freely and the di Will be entirely maoagea: From ite commencemert; there will be no settings of 0 hy mors, DO éropsies, no croups. as there too often is ander the ordinary treatment after the complaint i eaid to be cured. BRANDRETH'S pills should be used as a proventive in those localities where it existe. Oh! what misery would be saved were Brandreth’s pil properly appreciated, Bold at 48 Canal street, at 25 cents a box. Baichelor’s Hair Dye, and Toupees, Rie world, made, sold applied at No. 25 Hair Dye, Wigs and Toupees, of Crista- DORO'S make rank wholesale and retail, and the dye privately appli 6 Astor House. Hill—Inbeitable Cutter of Hair and Wiis- kere, at No. 1 Bacclay street. Hair dye 4 shillings a box, black er brown. and Brats, bands, Beware of extravagant Urowdway prices. Cured by Marsh & Co.—Kadical Maiden lave, New York. Frangipann}, Once Known, Never Forgot (en.—-The eternal verfume, fr om the Holy City. Inger & 00., "99 Broadway; Havanda, 23 John street, Mrs. Haves, Brook pi, Neseman, Clark £ Co; Green; Olio; F. A. Hegemva & uahton. To the AMicted—OF all kinds of Diseases except consumption.—Mrs. Paulina Held undertakes to cure, through ani ard y, bo matter what na ons Her magneuc «aise is capable of ral in four consultations, and in extraordidary cases not more than twelve. Her treatment te moat simple, and prod Inpaes. She has been efteoting cures too numero tion, Certificates at her residence will prove this. AK now on her journey to France, and will only remain for « short period in the city, aince she bas been calle’ by the medl- cal faculty of Paris to iroceed there, abe calis the atvention of invalida, (children or adults,) to consult her. Her consultation and & single coneuitation will Drove at once \o the patienta what effect her cure prodiices. Uitice tours, trom 9 to 12-4. M. nad 210 6 P. Mrs. PAULINA HRLD, 2) Howard street. Pilis.—Mortifica- OW AY'S ointment is apptied jeer, By preventing inflanan 5,000 of those Elegant $10 Wi waperee at MEDHURST'S, 2) Maiden lane. curls, &e. in time toa wound, sore or tion it prevents paii We Would Call Attention to Brown's bronchial troches. We found them efficacions In allay- ing irritation in the throat and brouchis, aad would commend them to the attention of pablie speakers and others troabied ith affections of the throat. They are also an excellent remedy for hearseness resulting from cold. For sale by all rageiet FINANCIAL AND COMMERCIAL. MONEY MARKET. Torspay, Deo, 16—6 P. M. ‘The stock market was maintained to-day in the face of the unfavorable bank statement. The prices paid for money, as shown in the ime purchases, range at the rate of from ome and a balf to two per cont por month. Now York Central Railroad stock bad fresh infusion of ao- tivity and advanced one balf per cent on yesterday's prices. A good deal is said aboot the singular mission of Mr. Pruyn, the V ce President of the company, to London, Ate salary of $8,000 and all expenres paid, The ques. tion is urged to the necessity of such @ mission and the duties may hare to perform. The tact is, how- ever, in barmony with ail the antecedents of the company, that they should bave ap accredited agent oa the Stock Exchange of | ondoo, at an extravagant compensation. oe of our Albany correspondents states ‘‘that e change took place at the late election, growing out of this singular and @xpensive movement; that one of the gentiomen, who represents « large interest in the road, voted against the outHt and against the whole thing, and was repri- manded by beicg left off the ticket.’’ The fact is worthy of some consideration. The Western stock list was main- tained to day by the process of large bids on time. The variation of rates from those of yesterday was from one- quarter to three eighths per oent. Alter the adjouroment of the Board the following sales of stocks and bonds were made at auction by Simeon Draper = $2,C00 Lake Erle, Watash and St. L. RR. 24 mort. At the second board the market a little better, but there was no activity in any particular reourity. Chicago and Rock Island fell off 1 per cont, Reading improved 1 per cent; Erle, 3; Illmota Contral, ‘4; Cleveland and Toledo, ‘The demand for money to- day wae very sctive. The banks are calling in their Joann largely, end tbe impression is that they will show next week quite & reduction in the line of discounts. The rvenmabip Arabia, from Boston for liverpool to-morrow — Wednesday — will take out about $400,(00 Im ppecie, most ef which bat gone from this city. The drain of specie for the interior and the South stil! continues, and the lity fe that with the California arrival, the banks ‘Will not be able to make better show next week, [tie €ll Known that on Monday last the acjual specie revere nr a ee eee eee ec eet en, ames ‘woe considerably below the average, and thet the banks Marted with a figure below that reported. The shipment by the Arago om Saturday, comes out of this week’s supply. Scch a specie m>vement at this season is some- ‘thing upusual. The Baffalo Commercial states that at the sale of the Buffalo and New York City road there was only one bid. Mr. Patchin started it at $275,000, and nobody cared to soapy higher. The amount due om these second mort- gage bonds, as decreed by the courts, was a litte over $400,000, Tne $276,000 from this sale, with the amount which will be realized from the rolling stock, &.—say $125,000—will make these mortgages nearly par value, Mr, Patchin himseif is the Jargest helder. By the sale, the third mortgage bonds and all the floating debt of the company is lost, and creditors will never realize any- vhing. The road is still subject to first morigage bonds, which, with accumulating interest, amounts to about $1,400,000. With the stock thus reduced to about $1,800,000, it would seem that the road might be made to pay, especially as it starts entirely uninoumbered by any liabilities ether than the first mortgage bonds, The Assistant Treasurer reports to-day as follows:— Total ‘Total Recety Pa 5 Balance. Monday... $201,041, 00 sol'as2 40 $11,966,249 16 ‘Tuesday. 99,629 76 99,903 18 11,954,876 79 The payments to-day include $7,500 on California checks. The warrants entered in the Treasury Department, Wasbington, on the 13th inst., were as follows: ‘Texas debt warrants..... + S142 31 For the redemption of socks . « 9,387 82 For the ‘Ireasury Department. 1,900 09 For the interior Department. . 30,875 14 War warrants received and ente Cus ‘The following official notice appears as an advertise ‘ment {n another column:— Cmicago ap Rock Ieiamp Rastroap Comrany, } New York, Doo. 15, 1886. j The directors have this day declared « div ot twelve and one balf per cent (123¢) on the stock of this company, from the surplus earnings of the road, payable in wre rym beren gabe ‘The transfer ‘books will be closed on the 24th day of December, iost , and remain ciosed until the 6b day of January, 1857, when the certificates will be ready for delivery to the stockbolders or their legal representatives. Speculators in railroad stocks for » rise in market value find it up bill work. They find that all thetr com. binations and corners—a!! their doctored and extravagant reports—all the parade of grea! and increasing recetpte— of a reduction in working expenses—of the accumulation of « large surplus, fall to attract outeiders, even for asbort time, and they have, therefore, been compelled to resort to something more effective—to something that will attrac’ the public mind, The declaration of extra dividends bas been bit upon as just the thing required to stir up the dormant ideas of capitalists; and we have two schemes already on the market. We ailade to the Chicago and Rock Island and the Baliimore and Ohio. In the firat, it is proposed to pay a large extra dividend in stock; and in the latter, to make the payment in bonds. The Chicago and Rock island Railroad Company put forth, a few days since, the following exhibit, for the purpose of showing that there was a large surplus in band, from which the extra dividend is to be paid:— Cmicaco axp Rock Istaxp RarRoav. Gross ¢arnings of July..... $167,678 Gross earntoge of August. 186,818 Gross earnings ot September «+ 220,000 Total for three months. . ws ene eo $564,400 Operating expenses, Jaly 987 Operating expenses, August Operating expenses, Sepie: Total operating expenditur Int. on bonded debt, 3 months Rent Peoria Branch, 3 months . Net earnings for 3 months, 7}, per cent...... .$300, 434 Compared with the same three months in 1856:— The earnings are as ebov Last year o Increase nearly €4 per cent............00++ Since July 1 the result has been as follows:— Surplus earnings to creditof profit and loss on Ist July, 1856. .. $497,279 Earnings uf Jol, + 68, Peoria rent ° Dividead, Oct. 10. 200, ——— 730,182— 364,514 Amount to credit profit and loss Jan. 1, 1857.. $861,605 This is a semi-offictal statement; and as A. ©. Fiagg, the Comptroller of the city of New York, is Treasurer of this company, we have no doubt ‘t emanated from him. Tt will be seen that on arriving at the above result, the Operating expenses of the read are put down at about thirty-five per cent. This is known to be full fifteen per cemt below the actual cost. Io estimaticg the operating expenses at the low rate of thirty-five per cent, it is figured out that the surplus !p hand on the Ist of Jamuary, 1867. would amount to $861,696. The capital of this company {s $4,000,000; consequently the surplus would be, at tas time named, more than twenty per cent om the stock. surplus, a stock dividend of 123 per cent before the 10th of January, 1857, #0 as to prevent any new stock that may on that day be ieeued for bonds converted from participating tm this division of the spotls. It is a question in our mind if the Chicago and Rock Island Railroad Com- pany have in reality acy surplas. It cau easily be shown from thelr own figares that the above sum of $616,596 is far beyond a mom extravagant calculstion Amore correct rangement of fgaros would be as fol lows: —At least $160,000 should be added to the operating expenses for the six months ending December 31, 1866, and $100,000 deducted from the entimated surplus for ac crued dividend on stock. would make the sum of $250,000 to be deducted from the $851,000, which would leave but $600,000, or 15 per cen! om the capital, in stead of 20 per cent, as the company estimates. If errors to this amount can be shown in the calculations for only aix months, it follows that some grose mistakes must Dave been made ju the estimates snowing the surpias on the lst ef July, 1866, to bave been $497,279. It is the easiest thing tn the world for # railroad company to make estimates of earnings and expouditures, but we have never known one of the many pat forth to be correct. Independent of the motive governing the iovtirators ant perpetrators of (bis fraud, the way in which it has thas far been carried on is about on & par with railroad financiering generally. Before making public the plan propored, the directors insde ap combination of outside and inside speculators, and having aiited themselves with three or four leading ball speculators !u Wall street, boughtgup om time, principally buyer's op- ton, all the stock or the market. As soon as thoy bad completed their arrangements, had secured al! the con. tracts they desired, and had the trap to catch the shorts property sel, they came out with thelr programme. A pro. porly concocted account current is presented, showing @real carnings and a large surpice. It is shown that en extra dividend of « large amount is in hand, and the wus! preliminaries are merely for appearance gone through with, Although the matter was at the beginning all cutand dried, the directors held meetings, and after due deliberation formally deciare the extra dividend payable in stock. We have no knowledge of what use is to be made of the money which the surplus le supposed to be com posed of, If is not shown that the extension or improve ment of the road requires such an outlay. The public are to take it for granted that the $851,000 in money re- maine in the treasury, while the capital stook is Increased to represent ft. With this reputed surptus in band, the Chicago and Rock Island Rat!road Company will not reduco ita indebtedness a cent. | pon a reported cash surplus we have a stock dividend, without any apparent necessity for the expenditure of the money on the road. It ia no- thing more nor leas than « stock job Ding schem> from be- ginning to end. It was originated among a clique of stook speculators in Wall street, and has thus far been carried out to the full satisfaction of the conspirators. Tne stook holders, aa a body, had no knowledge of the affair untt! the board of management and their Wall sirect seso- clates had prepared their cornering combination, and had arranged all their contracta. In #ach a scheme the bears food nO chance. They sold the stock simply on ite merits, not dreaming fora moment that the dirooiors ‘would be desperate enough to resort to such a desperate measure as to declare a large dividend on a nomi nal surplus, Sjock speculators do not stop at trifles and we have knowe greater outrages than this practiced by railroad directors. With the balls the game & sure one. The shorte were caught, and there was no alternative, With them it was like playing with an opponent who held all the cards, This case if a fair illastration of the danger of contending io the stock market with those who control the books and boid the purse of a railroad com. pany. The shorta have to contend with the combined Capita) and credit of enc company; againat all gorte 0, private verms. inside fimanciering, against tne sudden deciarat!>> of extra dividends, against false'y reported earnings, ag .'nst all the dishonesty and ras>ality of a set of speculators who, when in « tight place, stop at nothing. There is, for the moment, danger {' dealing with such people in the stock market, but it is only immediate. The very causes of (he’present disappoint ment t sellers, work out the very evil anticipated. It is utterly impossible for these railroad companies to go on for any lengib of time in th's way. They have already been financiered nigh unto death, and there must be a universal collapre before many months roll round. The Chicago and Rock Island Railroad Company has heretofore been managed with an eye somewhat to the interest of the stocxholders, Rega- lar semi-annual dividends of five per cent bave been made for some years, and it was represented that they were fairly earned. Within the past year (he rosd has fallen tnto the hands of a most reckless class of epecula- tors, and it will soon be classed among the many whica have had their very I'fe blood extracted b y the leeches 0 the Stoca . ‘The Springfield (Illinois) Journal of the 6th says:—'‘F rom Gov. Moore, who is now preparing his Treasary report, we learn that the total revenue collected upoa lact year’s aseessments smounts to $614,124 48. This is for revenue purposes alone, and does not include the two mill tax, nor what bas been received from the Central Railroad Company. The total receipts into the treasury will more than double this amount.” ‘The State ‘rreasurer of Illinois bas furnished the State Register with the following statement of the gross receipts of the main line and Galena branch of the Iilisois Central Railroad for six months ending October 31, 1856:— $361,793 52 540,170 13 1,976 74 22,655 10 ER sine $050 094 71 Deduct for discount on currency. 14,041 41 Balabce....+..+eeee+ se eeeeeereres $022,053 30 Five per cent of which | into the treasury, amount 3 Cyr agg against $21,529 60 paid om the fret day of june, ‘This is « handsome increase on the previous six months, for the main line. When the per centage on the receipts of the Chicago branch, to be increased under the contract toneven per cent, is added to the Siate’s profit upon the road hereafter, our readers will readily perceive that the original estimates were not put too high. .\s the lands are settied up apd the general business along the line increas. es, the revenue to the Stat» from this source will propor- tlonably tnorease, Stock Tumpay, Deo. 16, 1866. $3000 Virginia 6’... 96 100 sbs Erie RR. .b60 12500 NY Cen RR @’s 8634 400 Hud River RR..c GCCONY OR7’sexin 90 29 do. . 14000 1 Cen RR Bde 6000 a 860 ler 9 20¢0 BudR RR ist m 10 she Bk Oommerce BOARD. ‘200 gus Ill Cen RR #3 118% 10 do. 69 119% 60 120 195 ese» 118% 100 Panama RR. bod 99 300 Clev & Tol RR... 73% do,...,.b60 75 CITY COMMERCIAL REPORT. Tvsswar, Deo. 16—6 P. M. Acnms have arrived very sparing'y of and the market is bi , With few offering even at advance. wales of 190 were made at 73¢c. @7%6., chielly at he latter Ogure. Bxxanstvrrs —Flour—The market opened quite firm, and for common to good grades of State and Western prices tmproved about 5¢ per barre!, while extra brands were unchanged. At the close, however, the market became rather tame. Toe transactions embraced 6,000 to 9,0C0 Dhis., at about the \oliowing quotations — $6 30096 46 prices. Southorn tour was firmer for medium grades, and with ® joud de. common and mand for all kinds, with sales of about 2,000 a 2,600 bbls. within range of the above quotations. Kye flour was saleable at $3 50 © $6 14',. Moai was quiet and firm st $3 S75, & $3 48% for Wheat—The high prices demanded by which were limited, while Livmmpoot CLassinication Upland. Florida, Mobile, N.O.dT. tom. Bom. rom nom. 10% 11 19% Wh 1B 13% pom. nom rom. tom, nom ‘pom. g i 5 é 3 3 9,000 Total exports,.... 48,000 61,000 100,000 87,000 Fronts —Rates were dull, and jo English perts were rathor essier for grain. To Liverpool about 20,000 30,00 bushels of grain chiefly wheat, bulk and bags, at Sd. 0 Vag dag at Jay ere, 750 do, buchp, 3, 33 BF 2. 3 Mot Cabs muscovado were sold at 48¢., while Porto Rice was at 6éc. nadoaatte B10 les ae ineoed apiotae tan pen- tne wore quik a hye. a a. Crude turpentine was ot VkCVisIONS —-Pork—The market was lower for mess, wb tales of about 460 bbls , instuding old at s $19 |: 34, and pew do. at $19 3734 a $10 60; was at $17 a 817 87% for n prime mess was at 50. Hee: Sales cf about 260 bbis. wero made at $6 a $7 26 for country Prime, ana mess do. af $0.0 $11; old San Weatera st $10 a $11 60, and $1426 a $14 15 for new do, ond $15 forextra. Bacon was stead: for Western, avd 106 4 10360. for city. were stealy, with sales of 100 bbis. Pickled bams at 103. Lard continued firm, with sales of 200 a 300 bbis., part to arrive, the iatter at 12%c Butter was in fair demand at 17c¢. @ 2%c for Obio, and 20c sic. for Sate. Cheese = ane 8 100. set i MENTO — It appears tome parties have bought to the extent of 1,500 @ 2,000 bags, in lots, at 7 \<c., in bond; but this 1 still considered much too bigh by ous principal buyers. Another oargo arrived to-day. Rice.—Tbe bome trade have pow a} 2 small Jots, and the exporters are holding off ‘The receipts have bee: large within the past few Sales 16 casks at icc. a 4°, 9. a 43gc.—the latter’ figures for prime quality. Svcaks.—The market was more active, and the sales 1,800 hads., includiag a portion. he remainder Cube musce- only lower old at private terms Winskey —The market was lower, with sales of about 500 bbis. at le, with small lots roported at a higher figure, but closing dull. ADVERTISEMENTS KENEWED RVERY DAY. “hor Mtnations ave “ew, seo sixth page. $$$ ————————————______. _____} BINUKL AaAmUUR A BLESSING, A MIRACLE FOR THE SICK —POR habitual constipation, constitutional weakness, langour, ices of memory, sleep. appetite or etrength is Dr. Jacob Web: ber's sanguifier. See the aflidavils and certificates ® 202 Bow- ery. The sceptics convinced. EST AND CHEAPEST OIL COGN AC GREEN EXTRACT brandy, escences, Holland gin, Jamaica rum, apple, peach wry brandy; Monovgahela, Bourbon and ‘Scotch’ whis. - to give body en to all spirit liquors. emicals, fireworks, materials, metals, &¢., for sale by Dr. L. FEU ANGI, 143 Mai ONSUMPTION CURED. —PROFE8SOR LIERIG!S great discovery made available by the experience of Drs. Taylor, Stone, Leeds and otbers in the phosphorized balsam of liverwort, the moat certain ‘nown remedy for curing con- sumption in’all its lt reduces the palse, allags irr: lability, evablirg tubercles t» cicairim, and inducing the secretion of a substance to,form new mambranes, re: vents the r of ulcers (oresmely on the principle of oviparous animals being supplied with material for forming the shell of the egg), the lack of which engenders consump- hon. ‘Thus it cures spitting of blood, coughs, ni it rreal, hectic fever, irritation from colds. oain, kc. For aale by @. J. LEEDS, drug importer, 138 William street Dida coe WEBBER S SaNGUIFIER, A NERVINE, tonic, diuretic and alterative.—Streagth, Vivacity. sleep And appetite ia given (o the invaiid: and to the Inebriate with ® broken down constitution itis & bieased panaces. Dupo, 20d wery. IANCY ARTICLES FOR GIFTS AND PRESENTS.—THE whole stock, embracing every variety of dolls. oys, games, Ac., at ROGKRS’ extensive feusy bazaar, jway, is to be ‘sold off this month, at lees priees than ever before ollered. Hs. RO@SRS, 4 Sf#roadwag in this city. LORY ENOUGH FOR ONE DAY! THREE MORE CURES OF CONSUMPTION ! TWO MOKE OF PALEY! ONE OF SCROFULA! Everybody brings in the account of more wonderful cures performed by that powerful, though well recommended, fuxek, reguiar medical preparation, endorsed by the faculty ‘and praised by such eminent men as Dr. Chilton, Professor Parks, Profesor Booth, 4c., Ac. the only reliable remedy for consumption, rheumatism, ecrofuls, pala NDERS! LIQUID LOVIN ex FUR ‘ow in (money returned if no eure), by cond avenue and #62 Broadway; C. i. Ring, 192 Broadway, and by A. Hulse, 43 Fulton street, Brooklyn. EP ORNAMENTS —JET AND GOLD JEWELRY. et ins and earrings, ‘At OBB BO, D's, way, corner of Spring street, PRVOUSNESS, DEBILITY, DYSPEPSIA. Weak. divine D: A ™ demand all over the world, and sold at $1 a NDERS & FOSDICK, 3 8e- R™5, BELL BRAMBLE’ Read Bell les ‘Kead Bell trambie’s ‘Kead Bell Bramble s Read Bell Brambic's Read Geil srambie's ‘Read Bell Brambie's Mead Bell Bramble « Read Bell Brambie's Read Bell Bramie's Kew Tale New Tale New Tale New Tale Of the MISBR'S DaUGHTER; A True Tale of the South, now pub! Lapake oy Komaxce—Only 4 cents in the: HE YOUNG MEN'S REPCULICAN GENERAG COM- mittee willcelebrate the triumph of republican prinei- ples im the free States, by a eee GRAND FESTIVAL an The ACADEMY oF MUBIC, On THURSDAY EVENING, Devember 18, 1886 the most The committee have invited usbed men alssiien ery eee Seer eae es ‘yi have 0 Almost UnADiMoT aly ‘The arrangemeots for securing to the guesta and all presep’ the hicbest gratification have been entrusted. to gentlemen ef experience and taste, and it is believed that in 4 lar the festival will prove a worthy commemorstios of glorious struggles: Bucce: 8e8 OF ths late repubica cam- De P The committee annource the following arrangements for the ‘the will at Tis o'clock. ‘The music cops! of two fu. bands one bundred instru. menta, under the direction of H. B. DUDWORTH. Baq., will commence at #4, o'clock. ‘The members of the commitiee. assisted by vited from the netghboring cities, will net as be known by their badges worn ou the left brea ‘The private bores will be reserved exclusively for lavited ener ‘The receipts, after paying expenses, will be given to the Kansas Fund. Tickets may be obtained at the music stores. bo'els, and of the commitiee—price, $2 exch—sdmitiing a gentleman and acy, ublicaes in- aia, and will . W. FISHER, D. L. RLDRR, FP. G. YOUNG, J. BARRY, dh. A, PORTER, M. DUPUY, * Gov, Jobn A. King, Gen. James Watson Webb, Wm. M. by Keg, Chas. A, Dana,’ Bea mane John &. © i» Bag. Richard Warren, Bax . Wm. H. Browne, Bay Hon. Minthorne Tompkins, Mon. R. M Biatebford, NDS NOW USE THE TOKAT WITH BENEFT recta; unlike tobarce, the sallve is swallowed, doin away with the disgusting and injurious habit of api'ing. per: fumes the breath and does not discolor the teeth. Pu: up im foil, and retailed at saloobe, segar and drng stores. Whole sale, 412 Broadway. Birth, Wien. —On Monday, Deo. 16, Mrs. Daria Weew, of a som, Corcate—Kxorr.— On , Deo. the Rev. G Pusey, ur, Rowan ‘Guan te Nise Many Kort yet E'10bING WATER, boule ..

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