The New York Herald Newspaper, April 22, 1857, Page 11

NEE ‘NEW YORK HERALD, WEDNESDAY | nay by day appliances were made. An argument which | of Beary Augustus Taylor, late s + AFFAIRS IN ALBANY. Tay y dy apianeny were mad. A areueat which | of PNY Aart Tab, oa wig ng . aAaAr Am Ain piaee another, ‘The last effort made to take up the bill was on | — 708, For the appraisal and payment of conal damages to ‘ Qur Albany © " the hight previous ee misonremen = — it be mer per Wiliam cy 4 1 , 1857. nearly two wer wv the magic influence of 709. For the religg i Sears Horace Adams. ‘ge eral ee tg oul ent and refused to take up. othe bil was ou} 710. To oa po hfin met pre do AFibe’ silage of ‘. 7 crwth $ 5 a ver Creek in the count Chautauque. ‘Phe Legisalurt, ts Work, Aowre ore acing tmpstange oC 1 $tom the before us, it socms that the pressure | TIL. For tho apprauel gets seyaucat of canal dagnages to When the magnitude, vere ot of our ih -saillions | made upon the Senate, in its, expiring moments, to take up | George A.W tpt ed vel as the State, and the diversified 1a.” nick scteh ee" | the Broadway “ Relief” Railrowd bill, was really tremen- | 712, Author izing the ‘pay ment of cari dais to aces Of people are taken into consideration, MBH! 8" thel” | dons, The republices Loaders at tue care, AK & Brent | Gillmore. r “say must acy | interest im Whe passage of the bill. Even” Weed hinseh » 2% To Provide for raising money to build a bridge vever active business transactions, every jp “ Knowledge that the space of one hundred day-, or the ©. ‘of three hundred dollars, is neither time enough nor com- shook his hoary locks in anger because Senat b 3 se Senators would not take up the bill. The Senate would have adjourned on Friday evening, had not this matter interfered—had not a ac; 4 Tonawanda cr eek, between the counties of Erie aud Ni 5 Tn Yo authorize the constr,vetion and maintenance of a pensation adequate to transact the legislative business of | qo" i h eristod ia the lobby to have tho bill passed. | bridge over the Erie eanal at dx? Village of Frankfort, ia ‘this great State for a whole year. The people of New York, | Upon POMATKed Ta aot) these impudent lobby | the county of Herkimer. Nena\-Gataon (eal scoundrels ta would rather deal with knaves than foo’; Shereby’ indicating that those Senators who favored the bill, were known by being brought under the influence of the lobby for a consideration, wixile those ‘vee. en were fools, too scrupulous to be affected by a bribe, Among the bills not finished was one which tire House, appointing R. H. Walworth, of Paleo gen 0. Potnam, of Buffalo, and E, B. Judson, of Syracuse, com- missioners to investigate alleged frauds in’ the purchase of the Averill iron ore bed adjacent to Clinton prison, It appears that a year or two since the Legislature authorized the Commissioners of the Land Office to negotiate for and purchase the bed. The late Board of Commissioners, after an investigation of the title, probable quantity of ore, &e., concluded not to make the purchase. But the ‘present Commissioners, or a majority, made the purchase and pledged the fuith of the State for payment of one hundred thousand dollars for it, Tt seems that suspicions of fraud exist in this matt ‘Whether the blame lies at the doors of the Commissioners or others, nothing of certainty is known. During the expiring moments of the Senate an effort was made to pass the bill as it came from the House, but it was effectually resisted. In the meantime the money lies in the treasury, and is not likely to be paid until @rther investigation shall be had. We believe that every political bill which the majerit designed have become laws. Two of them, when their full foree, and they had none to spare, was not present in the Senate. ‘The first was the bill to take power from the Canal Board and transfer it to the Letting Board, To the su of this bill they succeeded in enlisting Mr. Sickles, in the absence of a Senator from St, Lawreuce. The other was the bill legislating the present Canal Auditor out of office. Then Senator Halstead was absent. Another yote was necessary. A democrat or an American must be had. Mr. Petty voted for the republican bill, which intend- ed to discharge his own political friend, Mr. Benton, from the canal office. ‘The vetos of Governor King have bad the excellent effect of preventing one-half of the Legislature from being em- ployed on travelling committees after the adjournment. leretofore nearly a dozen of them have been appointed ref Ney upon all matters of inquiries, which never 715. For the election of an add. THR Rent cty of ray to boro mame. and . Authorizing the city to bor. "Ys providing the mode of disposing of the money 5° be bor- rowed, 717. To authorize the town of Pembroke to reba. the bridge in said town. 718. To confirm the title of Mary Ainsleo to a certaiit JO or piece of land. 719. To confirm the title of Heury €. Richardson toa certain lot or piece of land. 720..'To change the name of Helen B. Brown. 721. Authorizing the issue of new certificates of State Stocks ard Comptrolier's bonds in ease of loss by the ers. 722. To amend an act entitled an act passed Moreh 17, 1857, repealing an act entitled an act for the sale of so much of the common lands belonging to the town of Hemp- stead, in the county of Queens, as may be pecessery to im- prove a public cemotery or burial ground for said town, passed April 14, 1856 723. To amend certain sections of the Code of Procedure, and certain sections of the samo as amended by ehapter 892 of the laws of 186%, and chapter 44 of the laws ef 1865. 724, To authorize the Supervisors of the towns of Islip and Brookhaven, in the county of Suffolk, to fix and deter- mine a line of division between said towns. ‘125. In relation to weight marks and tare on casks and packages. 726. To confirm the official acts of John A. Smith, a Jws- tice of the Peace, and to allow Lim to take the oath of ‘727. For the relief of Nathan B. Turner. 728. To provide for tho payment of money found to be due to William E. Warden and Morgan L. Warden, pur- suant to chapter 128 of the laws of 1853. 729. For the relief of Nicholas Coulson. 730. For the relief of William H. Phillips, Anson C. Ely, en po moare: jr piece Se Seale P. Haskins. « For the appraisal ment of canal 3 LO B. HL. Mills and 8/C. Grover. se iv 732. To provide for the preservation of fish in the waters of Oneida lake and its tributaries. 733. To pay persons employed by the Railroad Commis- empire as she is, wealthy, powerful, enterprising and prosperous, containing within herself the most magnificent and useful public and private works, such as canals and railronds—her numerous banking, insurance and other Incorporated institutions—hor extensive and unparalleled system of education—her charitable and benevolent cor- porations—her magnificent lakes, noble rivers and com- amodious outside and inside barbors—all together mov- ing and working under legislative protection—require ab- solutely more work annually than is necessarily and legitimately required of the Congress of the nation. The time must speedily arrive when the constitution must be amended so as to allow of a longer legislative term. ‘The Legislature of 1857 convened undor peculiarly em- arrassing circumstances. The members in the majority comprising a new organization of parties, detailed from ‘the free soil wings of the whig and democratic parties, ‘were not without great apprehensions of disruption, ‘Though ina large majority in the House, there was no confidence as to the result of political movements. Upon the side of the whigs there was Leavenworth, Prendergast, and Van Valkenburgh, acting and fugling as leaders; on ‘the barnburner free soil side, Hogeboom, Wooster and wen assumed the same position. Until there had become ‘an absolute fusion there was no certainty nor safety in venturing too far from shore upon any political expe- ‘dition; and as a long list of voyages had been laid out upon the chart, an early necessity, therefore, existed to Jaunch a craft, put a pilot of each section on board, ac- companied by experienced engineers. The first launch ‘was made by Mr, J. J. Owen, of Cayuga, in the House, on the 8th of January, under a resolution denouncing the ad- ‘ministration of Pierce and taking sides with the Kansas free State party. On the 14th of January Mr. Cuyler in- | resulted in any public good. The Committee of the Senate Groduced his celebrated negro Constitutional | of last year appointed to visit the poorhouses and jails have | “7347p provide for the payment of interests on certain amendments in the Senate, oth these propositions were ‘a good work, but it was done without any | moneys withheld Cater eenardotorn. accomplish pay except their actual travelling expenses. This year there has been no Legislative Committee appointed. “The Governor was right. ‘Work Done in the Legislature. LIST OF ACTS—CONTINUED FROM THE NEW YORK HERALD OF APRIL 20. 683. To repeal the act entitled an act to establish a Board of Railroad Commissioners and to define their powers and duties, passed April 14, 1855, and to authorize tacitly assented to by the leaders of both wings, and from thenceforward the republican party became a unit. Much unfinished business was left over by the rowdy, reckless, lobby-ridden Legislature of 1856. Many indis- pensably important measures were overthrown, for the ‘express purpose of compelling Governor Clark to call an extra session. All these being thrown upon tho hands of the present Legislature, have unavoidably consumed full one r of the present hundred days; so that not more than sixty days have been left in which to accomplish the 785. To authorize the formation of the Osburn Hotel Com- pany in the city of Rochester, Monroe county. 736. To authorize the town’of Jackson, in the county of Washington to borrow money, to build and repair bridges in said town. 187. To confirm the title of Charles H. Fonda, to a cer- tain lot or piece of land. ‘738. For the relief of Gamaliel Benjamin. 789. To authorize the formation of town insurance com- § ies. work legitimately appertaining to the duties of the present the appointment of fa deputy by the State Euginecr and | 740." To authorize the Sacketts Harbor and Fllisburg ‘Wutst the remaining portions of the State have been | “34. To Railroad Company to increase their rates of fare for trans: 634. To pay certain expenses of government. 635. To authorise the owners of lands in the Great Ben- Prolebea swamp, in the county of Ulster, to drain said 636. .! relation to plank roads and turnpike roads in the county 637. To cancel a certain judgment against the estate of portation of passengers. Al. ‘To provide for the enlarged Erie canal at Brackenridge street, in the territory thoretstire known as the Norte Village Blaok Rock, in the county of Erie. 742. Authorizing the Canal Commissioners to construct a bridge across the feeder to the Erie canal in the village of repremater by men rather above the ordinary capacity and calibre of legislators, the city of New York has been sad- Jy deficient in influence, talent, respect and ability in the of Assembly. The people of the city complain that they have no voice at Albany, that every interesting mea- sure affecting their property, their municipality, their the reconstruction of a bridge across taxation, cir government, i taken from the hands of | qh ate Stephen Bentiey. Little Fall. the city Welegation, and placed in the confidence of country | 638, To establish free schools in District No. 3, inthe | “743, , members. hhas certainly been the case. Our charter, | town of Flushing. i nicest mien one tenn dg pseoghi 639. Further to provide for the raising of funds by tax, to pay for the building or repairs of bridges across streams dividing towns or counties. 640. To incorporate the Fulton Fire Department. 641 For the relief of certain citizens residing in the me of the Ausable river in tho counties of Essex and inton. 642. To authorize the owners of lands in the Basha’s Kill swamp, in the counties of Sullivan and Orange, to drain said lands. 643. To amend an act entitled an act to provide > through the viliage of Port Byron, and to provide for the payment of damages caused by such abandonment. 744. Authorizing the Canal Board to hear and determine the claim of Matthew Rowe, for materials furnished for the Krie canal enlargement. 745. To authorize the building of a lock-up in Medina, in the county of Orleans. ane To authorize the village of Malone to clect a con- stable. 747. To amend the act entitled an act to establisha turnpike for improving and making a road from the vil- police, City Hall, Central Park, our courts, our docks, Piers, bulkheads, our exterior water lines, and every other city matter of the least consequence, has been enacted without consulting the delegation at the capital. The three quarter million population of the metropolis might just as ‘well haye sent no member to the House of Assembly as to dave delegated the men who have lounged out the hundred days between the drinking shops, the places of ill-fame, the theatres, the railroads, and the Assembly chamber. Not the least’ influence did they possess. Scarcely a mea- sure which they advocated was carried, nor a bill arrested which they opposed. We should think that the various ob- | incorporation of companies to construct plank roads ‘Newbu: Poxious laws tnficied upon New York ety and bor eitzeng | of companies wo construct Uumnpike rouls, passed Bay papier enactrg Barrer nema ATE a al Dy the Legislature which has just closed its career, would, if | 7, 1847, 748. For the relief of Isaac G. Barnard, Henry Tec! anything under heaven would, awaken the people, the tax- | ’644. To amend an act entitled an act to incorporate | Jerome J. Briggs, Barton B. Blodgett and Frederick Myers. payers, and arouse them tothe necessity of being repre- | the village of Remsen. 749. For the relief of Danie! Lucey. sented in future in the State Legislature by an entirely dif- 645. authorize the under Sheriff of Kings county to 750. To provide for the investigation of the claim of An- take them as a whole, who the city for tho last three Even ee ee “ Mind Pian of its power aud strength there, ou; ime to become wee att te Te reoemallves, nnd endeavor in future to forent set of men from those, have go notoriously disgraced drew P. Tillman, for caual damages. ‘161. Further to amend the act, passed 1 17, 1854, entitled an act providing for the ‘the opening and ‘of Division avenue, in the county of Kings, and ra and otherwise improving the same. perform certain official acts. 646. To for laying out and constructing the Warren Hamilton convty 5 647. To incorporate the New York Harmonic Society. 648. To amend an act entitled an act in relation to the E Bete ae capusl—a SNe oy | aah Queens, passed | *" 52" For the relief of James Stewart, contractor for the thonor the party, but ohne _ = great city and ‘ 2 puteorising the ovmmniasionare of highways in the — of section No. 150 of the Erie canal cularge- ‘varied interests from the Vani outside, own ‘nion, Broome county, to borrow money to re- ere laws have been enacted during the session | build and repair bridges in nad town, ” 753. Fh oad the Seoraatanat Bridge Company. than ever before. The session of 1853, when Ludlow | — 660. To amend the acts in relation to the State Lunatic Pa Rede. an act passed May 2, 1834, incorporat ‘was Speaker, they passed over six hundred laws, but | Asylum, and to confer certain powers upon justices of the Big Sloe} a ie a dhe recent one overtops it some two hundred. b By wmey se) « canal appraisers: ear de. great and truly important public laws are very fow, | 661. To amend the constitution of the Jews’ Booapital of | termine calms fe che Yeakage on the Black rivag canal Se speci Wa rial ll Cmemnins. 0 over Na to porate the Rural Sayings Bank at Harles “196. To require tho canal appraisers to examine and re ial wate c} r, amounting to over . To incor; j¢ the Rural Sayings ‘m. q oma hundred, the sage of erhich was scom plished to | 658. To amend an act euuitled att act to provide for the upon the claims of Samuel Ellsworth and Lynbam J lobby. large deficiency in the nine million | incorporation of villages, passed Decem! . Fe Le ccmpins the canals, rendered indispensable that | the act amendatory thereof, passed March 26, 1855, so fag 751. For the relief of James Little and George Youell, irther provision should be'made, rather than raiso as relates to the Village of Niagara Qty in the county 7 reece gece of suspending the enlargement; so- | Niagara. me. To eee the Lime and henge grey yg hd Dy almost general consent, an additional direo, 654. To authorize the formation of a Turnpike Road Com- —* Nope D someeee. = State of Nev Ce Of one mill, and a ‘quarter was imposedt | pany in the town of Newtown, Queens county. ope ee eye Rie No inquiry, however, was made, nor any ex. 655. To enable Eugene Fabrequettes to hold and convey Buffalo ply nile —— ineorpora: given, as to tho expenditure of | real estate. ‘To the Avon Wator ny. 760. To incorporate 761. For the relief of Marcus Brown. 762. Giving the consent of the State of New York to the pirglase by the United Sates of land in the city of New ‘or! 765. To establish bulkheads and pier lines for the port of New York 764. To amend an act entitled an act to revise the char- 656, To incorporate a fire company in the village of Tompkinsy ille. 657. To it a hook and ladder company in the town of Southfield, Richmond county. 658. For loaning certain moneys to the Antwerp Literary Institute, at Antwerp, Jeflerson county. 659. To provide for the preservation of timber and stone on the lands of the Onondaga Indian Reservation. ‘nine millions. it seems that no other method could be ‘adopted, of rather all others failed to furnish revenue. ‘Discriminating tolls were in one quarter, taxi Danks and insurance companies in another, tolling rail res. the necessity of providing the means; and, as a dernier resort, have . ‘The people must decide whether ‘on a direct tax, ter of the city of Buffalo, and enlarge its boundaries, i jar measure. Tt seems palpably unjust to tax | 660. For the relief of Franklin Academy, at Prattsburg, , s a Northern ‘and Southern extremities ps State for | in Steuben county. passed April 3, 1853, and the several acts amendatory ‘the public works running exclusively through | 661, To authorize the Comptroller te roecive tiie retary | "aes, in relation to common schools in the village of Penn centre. a taxes in the county of Westchester for Yan ‘exhausted condition of the State treasury has re- | the year 1854. . antes the Logistature "in exercising much iberality to. | 662. For the relief of Abraham ¥. Lansing, and to au- |, 706. To amend the charter of the Fulton Fire Insurance thorize a re-hearing of his claim before the Canal Board. 663. For the better security of mechanics and others crecting buildings and furnishing materials therefor in the town of Saratoga Springs, in the county of Saratoga. 664, To authorise the building or leasing of a house of detention in the town of Waterford, in the county of Sara- toga, and to confine therein persons charged with crime in certain eases. Company. 767. To amend an act entitled an act to incorporate the village of Yonkers, passed April 12, 1855, and to extend the powers of the Corporation of sald village. 768. To establish fre limits and for the more effectual ention of fires in the eastern district of the city of and duties of Courts of Special York and Albany, and Courts of ‘wards the laudable public and private charities. “All wished to make liberal contributions, Every member ap- desirons of assisting those weaker asylums which Pave strnguled thus far with commendable zeal: but a wore — necessarily Should yea, then the liberality of the jeserving charitable and Philanthropic institution in the State, Until that period ie Birives, there will be not much hope for assistance, Pri | 605. ‘To provide for an additional justien of peace in the y - 0 of Wasl * Bexsions regulating appeals in criminal cases. svate charities must flow more freely jn the meantime. town of s Fore Ane, iat seen of vi Cog yn re eat eB artins (he Mager, Aidervaen and Coss vp Tt may in troth be eaid that the: members of the present Dogislature have worked industriously. Not a day has geen useleasly spent, and very few buncombe speeches of the city of New York to appoint Commissioners to erect in the town of Ripley, Chautanque county. woe Cy Hall a onid Gy, aad 000 10 7 OF oan for that purpose. 667. Directing persons convicted before magistrates or Courts of Special Sessions of the Peace in the town of Wa- y lican party, being strongly in 7 Sete. car vacie under cttageneas te get up aaeyam | terford, inthe county of Saratoga, and sentenced to im. See et ee ie prog of ae government of the Central ‘on Kansas, colored citizens, border rufflanism, &e. It was precnmnent to the Albany penitentiary, to be transported wes ee low ee te ue a hietion @ deuand of the party upon them, in order to ascertain | directly thereto. i payment lands purchased for the manufacture of salt, and certain hether 7 pally d on the “ "* after in- 668. To enable the Supervizors of the city and county of Taling ho lasecatie stmenphon about albany. a there: New York to rake mon Oy OS, om other nag connected with the salt springs, for the 5 We relief go W. J. Brownson, year 1857. Hi Dred Sent thou. ‘he Teeded to the Skies, fan the doe 670. For the relief of Otis Smith. ‘773. To amend an act, pepoet April 17, 1857, entitled an Cision of the Supreme Court of the United States declared 671. To establish regulations for the port of New York. act Thaw gd y ben! ¥ act to incorporate the Port fot Mt to be made, and to be utterly disregarded, The | 672. Authorizing the Comptroller to loay moneys to —— rgen Point Ferry Company, passed April Saajerity have taken the responsibilty of aden several the trustees of the Ovid Academy, in the county + | 2M rotation to the Cotes or Harton bridge at the ter- dotermine - they are elther beneficial to the public | 673. In regard to expenses of emigrants, and to ap- nee eee in the county of Now York. ‘or measures of to their wry: ‘The various mat- certain moneys tw the Commissioners of eui- Mi. bd say 3 A; Incorporation of associations pod vm ALT apie pecoengnictne td be | Berd. To cuable George Samucl Wilkes to hold real e- th. Extending an act entitled an set to provide fr the course taken by Governor King, in | tate. Po material furnished va making his few aj has created the com 675. To loan money for the relief of the Susquehanna ba ie ike Marches aun tte Snotion in the republican party. This, together with his | Seminary, at Binghamton. ie ee ee ae ee y the Secre- cielay in making them, on account of his anxiety 676. Authorizing the Comptroller to oan money to the | tary of State, in and for the at of Brooklyn, county of ‘of two or three bills in which he was personally trustees of the Onondaga Academy. ’ & Kings, an | SPde cccts of the é Btoreted caused much {ll feeling. The police commission 677. In relation to assessments in the city of New York, 779. thorize a part records county ‘was not arranged Mi liking of the Regency, | and to ond te evenen in i thereto, SS to bones and deposited in the Clerk's olfice 678. For the relief of Surranus Britton. county 4 panne on ‘ity of the 4 youn oon aoe con. 679. To protect the purchasers of real estate at sales in 780. Authorizing oye Campbell to erect dams acroe? firmed all of them. ‘strife on Harbor Masters was still | partition of lands owned by several porsens. the Chemung, Tioga rivers, and to ervet ‘The Governor being pressed by the free soil | 680: For the relief of Gurdon Hurlbert. piles ond sere Sars. adem teile' te equal re in the Harbor Masters, 681, Authorizing and directing the appraisal and pay- 781. a, a 4 J Supervisors fand feeling willing to gratify them, concluded to recom: | ment of canal damages to Salmon Tuttle and Wim, Cleve- | in Ly sayy Oe jew be dy haan ane to the paint amend ahogether. In he was justified from | land. ~~ Sp toome iperior Court. ane act Ghat the incumbents had the very lucrative 682. Authorizing legal proceedings for the sale of lands ae ee eee ae i ‘offices for several years, and ¢ should stand aside | belonging to John W. diale, a lunatic. 18. In rei ae the Cana Departmen Jor new men. But there were men who would oy | a pape on of the Excelsior College in the rcommuclastar ia. certain expenses of go- aS i Greene. ‘their it ervioes were —s tas. To amend ‘the revised statutes in relation to sum- 785. To confirm and legalize the resolution of the Com od Bat eit friends in strength, to induce proceedings to recover possesion of real estate, mon Council of the city of New York, providing for the Pio eetiency nominate they Geb. To insorporate the Sing Sing Silver Mining Com- iy the Ne York Harber ® a ‘would defeat their competitors in executive gos | pany. 786. To incorporate jew York Harbor Steam Towing i Thus the fight originated which was so des. |. Authorizing the appraisal and payment of canal bag ‘eben Sorete in secret session on Thursday. Ten hours were damages to Charles M. Scholetield. . ing, ray for certain State and charita- wonsumed in ds and a more stormy one, per. 687. ba eon for the payment for lands purchased for ble sr f year 1757. “ haps the Cooley: ‘motion in 1853, never occurred. K, ‘ene- | the manufacture of salt and to defray the expenses of the ‘788. we gh comm an ont i ooh, te 0 - it . Appointment essionere proof q — ine a ee 7 snd Crowne’ sonsotaont Ona, ‘outheerine’ Eli W. Carter, Levi Hayes and Alvin | knowledgement of deeds and other instruments and to ad Tittaver another year. It may be well tostate that | Gray, “trustees of the First Baptist ‘Liureh in Greene,” | Minister oaths in other States and Territories, passed By nowernor sent up other names in ite re: | to sel and convey a certain parcel of land beld by the April 6 1850. a i j er well ax ander Potice (Cow in place of trurtees of ral crac rag for & parvonnge ai to ap- i, Relating to the Surrogate’s Court of the county of tr Brooklyn, who declined, though Mr. t is thereof. Nyeetty ector! accout the nt of Abraham Leggett for supplies 700. For the relief of Dwight H. Olmetead. pt - Wat not confirmed om tate | furnished tothe Sing Sing State prison. ve TDL, To repeal chapter 17 of the laws of 1862, conetitut- po 4 ‘eeasion again. We learn, too, that such disre- 690. To incorporate the Calliopeon: of Syracuse, oe ‘village of Watson a separate road district. executive session AEN oe existed in the Senate that none | 601. To confirm the title of Pameli Aun Gelderalieve to a To eatabish the comprnsation of the. Suiges of the a Ly friends would introduce a appoint- | Certain lot or piéce of land. Court of Appeals, and of the Justices of the Supreme p Beng To amend an act entitled an act to incorporate the | Court. oe m his Excellency that the Senate form his Exé Gung a committee to in is ” ; ee es coe ; 793. In relation to the election of cortain judiclal officers to adjourn; Was realy 1 oe Jacod one of the kind, the Governor would in the city and county of New York. ‘To repeal an act entitled an act to release the in terest of the State of New York in certain real estate of 602. Port Richmond and Bergen Point Ferry Company, passed April 42, 1848, 1098. For the relief of William D. Perrine. 694. To enable the President and Directors of the Albany marned. a vandon or trans! which Geo, S McCanghal died seized and possessed, pot ane Sea 1 ss whet wet fora, pranachaily bad on fo AY 168, ato contirm the tile of Thos. “g ¢ the present Canal , | 606. Authorizing the Surrogate of tho county of New | Ryan, a bona fide purchasot thereof, pa HE Ty present ant APrmagers | York topay certain moneys Wo Henriette Grebenstein. His. To Inckenss the foes of Justions ofthe Pence, oa render nt their thanks. We know nothing of 696. To authorize the payment of the balance duc Green 796. For the and payment of canal damages ore TER, Parmales oF Mason, except from their pul ‘and Couro for castings furnished for a takes to Peter Hoag, George W. Graves, Martin Heisrodt aud Bete and we tak pleacar 0 alloding (0th a a dh reat Of tho | Perea fe muthorieo the appraisal and payment of catal tha tochoctor hytrautio claims. Fore was a case in | town of to ‘ , eathorise the appraiva pay wh hundred wealthy and influential person 698. In relation to the Town Hall in the town of Wes ig t= rancher. tian tun Bad combine 4 rob te teearary ou of a alt | T*gon'To provide for “ine apwomiment of & eommiastonoe | to Avery M. ypade e by ey ee Lmangg Why JAY aor’ oe ra to secure the more perfect establishment, government, re 708. For the appraisal aud payment of canal damages to eee Area we eepeae ta Gout? Wofore. the AD gQintion and economy of common schools im tho ely @ Oliver Brown. ; a ler day and week. ANE eek eo oy TS For the rei of Harvey Warren, Bo anmanuntee sanpbaemmenme Frese oe oe, ete award fn only OL. Authorizing the inhabitants of the town of Westohes. 800. For the appraisal and payment of canal damages to yaaiea’ theit | ter, in the county of Westchester, to vote and raiso by Mann. tax money to deepen, widen and improve Westchester 801. To found a State Woman's Hospital. Neesny-ave taoumand doliars. — This Berea wpraten,a ‘against bribery. Suck ‘be retained, ‘we are pleased to say that 02. Authorizing the Canal Commissioners filet cecupion i Repvctiow oF Postage TO THe Istaxy oF As- ‘ of tho Togista- | struct a bridge across the Erie canal, in the town of Ver or Bure, the more Fi mahal ody of Trinity Church | rona, county of Oneida ‘ rr Ceewom. —We ato requested to stato that, in consoqence wd convincingly | 108. To authorize the town of Jay, in the county Of reduction of the Brtish postage on, letters wee! rar the stole se Wore the Legislature netics | sex, to raise money fur the support of rowds Great Britain and the Island of Ascension, the single rate : in the report submitted by Senator ‘and the | in said town. of letter postage between the United States and Ascension, Wee of Mesurs, Noxon and Marooks 1m the Sebae and 704, Declaring the east branch of the Great river | via England, will be in future 35 instead of 45 cents, pre q Pore, a lawyer of {efte the select | a public highway, and regulating the passage of logs and | payment required. wankn mae ‘c tae} we. To L} aseminary of education, under the ee ere ere name of the ‘ Female Institute."* Fine 1x Enorrieup, 8. C—Mr. John M. Witt’s 706. To amend an act entitled an act to incorporate the Machine and cabinet the steam mill adjoining, the ‘village of Penn Yan, in the county of Yates, passed March 1862. at To provide for the paymeat of JoaaGibon, assignee Roreel, a deed for the house om Broadway, ta which he then resided, and im which about a year afterwards he died, and the jot connerted with it, extending Mercer street eumatanoes detailed iu the evidence, ever took effect, and if so, wirat is its operation upot aame and the adjoining premises to Mrs. B. and ber three sisters, previously made by the will of Mr. Astor, effeet’ by ; may be executed inthe presence of one witness, and witheut any ace nesses, and a declaratan of the tevtator, at the ing his knowledge of the character of the instrument. The delivery, either and acknowledging, however strictly complied with, were of no ay 8 to the net altog: state of things existing and the language and occurrences atthe time, of this deed, had made his will, giving the house im ques- tos, and the three others adjoining to the four sisters named, their respective lives, with remainders over tot if any, and if nene, to the surviving sisters. powers also, under cortain prescribed restrictions, of leas- ing, selling and improving. He subsequently ascertained, from the judieial history of the State, that testamentary “trusts, powers, conditions, limitations and other disposi- tions,” however “intended in all things to be made conformable to law," were bj “deemed invalid.” IT have quoted, which was used by bim in tho codicil mado ir January, 1838. may be supposed, therefore, very naturally, to have desired that, so far at least as his immediate home was concerned, it should be withdrawn from the vortex of post mortem litiga- tion. At all events, whatever were his motives, it is cer- tain that on the first of May, #847, Mr. Astor, without the aid of counsel, caused one of his clorks to fill up a printed blank deed for the house and lot in question, in favor of Mrs. Borel, signed and sealed the instrument in the pre- sence of the clerk, who beeame an agen | handed it to his sen, Williany B. Astor, wil substance, to give it to Mrs. Boreel on his (Mr. Astor's) death; that on the third day of the samo month it was pr a commissioner of deed it was sent by Mr. Willi and there recorded on the 19th of May; and that after the recording it w: B. Astor till his father’s death, and then handed to Mrs. or Mr. Boreel as her property. seem quite clear that so far as the house and lot in question were concerned, Mr. Astor intended—and that his son un- derstood him as’ intending—to substitute the deed for the will; to convey the property absolutely and in presenti, al- though for an estate or interest ty: commence in futuro. The question then is, can a deed bo dolivered by way of escrow to a third party, to be handed to the grantee upon the happening of an event which is certain to come to and wi for a longer p ‘son therfore {Grover from the day of his death’.’ Buch a conveyance, so enjoyment of the subject of the gift were donor's death. And ‘on its face to be intended to it Toll operation may thus be suspended, or even defeated thy the happening or not Rappening of some future It is not necessary that the escrow should be used. ‘mas ae it was to some ‘extent in this case Dy tho tes- timon; ton whether his father directed him to have this deed recorded, whether he did of not—that it would have been done at al events; it was part of the details of the business of the ottice.’? merely to preserve the evidence of the deed, without in- tending an immediate, absolute delivery. Indeed, the tes timony is positive, and twice or three times repeated, that the deed was handed it was to be delivered to Mrs. Boree! after his fatner's death.” It was not, therefore, to be delivered to her be- fore, but it was to be delivered to her at all events; for death, although ie life time, without the donee's cisely similar to the case of Goodell against Pierce (2 Hill, 659,) where the party handed the deed to tho drafts- man to keep for the grautov and to be delivered absolutely ‘on the grantor’s death, unless both nttcs before event should demand its surrender. case of Ruy against Lawson (13 J, R, 285,) was still wtronger. ‘Thore a father made a deed in favor of two of his children, hand. ing tttoa third person to be dolivered to them afver his death, should be die without a: having died intestate and the deed delivered, it was held by the court to be a valid and effect- unl conveyance, notwithstanding its revocable character in bot sue question subject te no such was absolute and irrovacables. Tt was subject to ne coudi- such @ father directed. nearly @ year after the tercourse with his son. If he did not expressly recording, we mnay fairly infer that he knew disapprove it. ‘The instrument, too, after its execution and other business, was in this matter constitated a bailee or de- APRIL 22, 1857, : i THE couRTS. ; Case. ‘The Astor > 4groR—DaLIVENY— — JACOm 4 DEED AND SULb OF soi ATION . ‘SUPREME 7 Arrit, 20.—Jane Notibeck . 8. Matthew Wilks and Elisa A. + a on mame Wilks, Math. Delaney Kane u ‘ks, and Catharine Wilks, ™ Kaner atta .0uisa Kane, his wife, Waller Kane, Dear, — xng Jv., Nichowon Kane, Louisa Kane, John Innes Kane, Emily Astor Kane, Robert Boreel, and Sarah A., his wife, William W. A. Borel, Eliza D. Boreet, Agnes Boreel, Sophia R. Borel, Alfred M, Bareel, Robert Borect, Jr.» Gotrielle C. Notieck, Cevitia Nottheck and William B. Astor, Daniel Lord, Washington Irving, James Gallatin, and Jokn Jacob Astor, Jr, executors of John Jacob Astor, deceased, and trustee iunder his will, Witton Beasor and Thomas B. Davis, and Ann, his wife. Rooskverr, J.—The lato Mr. Astor, it appears, sometime before his death, executed to hia’ grand daughter, Mrs. runs, we and Cecilia Nottbeck, ."° wife, Wilks, his wife, Charles a, so Wilks, Jr, Eliza wo Whether this instrument, under the cir lhe devise of the Deeds take deeds, as such, re the © questions to be solved. y, wills by di je: mpaaying words; wills require two wit- tine, show- It must be’ goad as a deed, or words, there mast have been a fact or in law, or the signing, seaging Was there, then, such a delivery?—not of te ,it is conceded, remained in the Astor till his death—but of the in- ent of conveyance? Delivery, where it is not direct’ party named in the instrument, being very much, if her, a matter of intention, must depend upon the Now, Mr. Astor, long previously to the date Mrs. lou, for ir issue ith certain ing children of his daughter, the courts frequently This is wn by the language And he witness, and direcuons, in ed by the attesting witness, and the proof certified by ; that about two weeks afterwards B. Astor to the Register’s office returned to and retained by Mr. William From this statement it would pass the nature of things, be postponed of existing ich cannet, in di period than ‘the established , might have made a conveyance to his ughtor, of the house he lived in, “to have and hold in the bedy of the instrument, would have been No simultaneous transfer of posses- ‘been necessary. The delivery of the ‘of a bond payable on time, would although the actual postponed till the ‘not the same end, lawful as it clear- 12 'hotalgputed Wt eed, although purporting not a deed, purporting and that be delivered to a third party as an escrow; event. record is only prima the grantee. I’ Johnson’s Reports, 544,) ov be rebutted by B. Astor, who in answer to a ques- replied, “he was not sure But Mr. Astor might have directed the recording to the witness with directions ‘* that future, is certain. Unlike a testamentary the act was irrevocable, even in the donor's cousent. It was pre- ‘that ales will. The grantor ving thereupon been a case, Mr. Wm. B. Astor held the deed in er. The delivery to bim the grantor, a condition entirely for all_men, sooner is obvious from his im. the B. Astor so understood his me —— putting the deed on record, an act which, after sarge ve may slo fly prema tha. hi we rly presume ff Astor, it will be recollected, lived transaction, and was in constant in direct the ‘and did not tion to the contrar; recording, was kept not ameng Mr. Astor's but among his son's papers, who, although general agent for his father tn pesitory’, pot for his father Jbut for bis father’s grandlanigh- ter. Assuming, then, that the deed was intended to be, and that it was, in law dnd in fact, a valid, operative convey. ance, What was the effect of such a donation of the one lot, severally, t Mrs, Boreel, upon the pre-existing devise of the four lots in common to her and her three sisters? The natural equity of the cage is obvious enough, as alo the intention of the donor; for, in addition to the inference almost seceserliy resulting ‘from the net itself, the deed seemingly by Mr. Astor's own dictation, at the end of the description by metes, bounds and dimensions, contains these very significant expressions: “the said lot being part of the ly Mentioned in my bequest tothe four daugh- ters of Mra. Dofothea Langdon.” In other words, “having given by will to my four granddaughters as tenants iu common, fi Hand undivided shares the four adjoin lots, and those lots being all of equal dimensions and eq value (a fact admitted on the hearing), 1 no Dire. Boree! is concerned make a partition of the mnited in terests, and give her by deed the particular house in ques ton in severaity, leaving the © three to stand as a be. quest to her three sisters.” The relationship of the par ties to the donor, and to each other, as well as the jaxta pesition and equality of the lots and their precise corres yondence in tumber with the number of the doneos, piace the correctness of thiginterpretation of Mr. Astor's purprne, 0 eral ‘ited as it seems to me, beyond dispute. What then t= cilvct? No will, mays the statute, except in certain cases, “NOF ANY part thereof,’ shall be revoked tered” by any writing of the testator not executed with the same testamentary formalities. Among the ex cepted cases is that of a deed ‘by which his estate or tn terest in ly devised or bequeathed \« al tered, but ok wholly divested,’ ant “in which the taten tion is declared that it stall operate as a revocation of such previous devise or) bequest.” (2K. 8. 64 65.) And alt that the statute requires is, that (he intention to alter the previous disposition shail appear “in the instrament by which such is made.’ not that itshall be C4 clared in any particular words. Ii, therefore, it was Mr. Astor’s intention, aa T think it clearly was, to substitute as to these lots the deed for the will, and if that inte a8 has also been shown, guMiciently declared int’ eam then, intependentiy "Ot the. doctrine of election an’ within the obvious spirit, if not letter, of the statute above quoted, the instrument executed in May, 1847, lad the logal effect of altering the previous devise <o as to give, absolutely and beyond recall and without limitation, to Mrs. Borel, and the three re lots rey revocation) jointly and in a qualt- sisters. The reset Gen Sy entered declaring that Mrs. be in virtue of the deed reel, on the death aceepted by ber, beeame the owner in fee simple absolute oft in it, tothe exclusion, so faras that lot, ofany interest of her sisters under the will, and that oir 3 (who soll to Mr. Davis) convey- nnd Turther declaring that the three naming them, a & consequence of ivery to and Reeeptance by her of the deed in question, instead of continuing as they were, devisees each of one equal uadivided fourth part of the fow lots, became devisees cack of Ome equal wadivyided i N.J. mainly uy Fag! wound inflicted, he w the Sylph was greater than that of the Eagle, and too great ‘There are also some experts ‘who express this opinion, from an examination of the wound. But, after the fullest consideration, I cannot ¢ The proof by witnesses of the’ rate of spe as strong and rate of the Fagle, and for aught that appears, as mueh e1 dit is due one set of proofsas to the other, and accordiays this proof the rate of speed was the same, are facts inthe case which fairly enough account tor the Fagle consistent boats the same, to check The Sylph to the proof, and she struck the Eagle bulwarks and deck, tearing up and pombined manner of their which, toy Sylph is injury spe ettorts of each stant of danger. est boat, acoordin smashing each b two vessels. the advantage to the greater weight, may well ac injury. both were in damage, But thia T will say tinues, the Court did not feel b discriminate with any very great nicet gree of fault imputed to ‘the one or two vessels that may choose to encounter the hazards of the navigation. ‘The Syiph was in fault for not having on board a Leensed plot and engineer under the act of Con for their sale, but faili wivaneed to the State and Governor Mason drew drafts on him to that amount. In the course of the same year these drafts were disho nored, and John Norton, Jr., Cashier of the Michigan State Hank at Detroit, who held one of the drafts, rep or any other third part of the three lots, in. the poets mentioned in the will; and that the parton, | fore, should be confined to the three lots, amt the com plnint as to the other be disiniased without A late case, reported in 19 Barbour, 245, di bras: is of the Supreme Court at General tween parties somewhat similarly situated, has been, eited It illustrates but does not : Mt | | v two daughters, doctor to keep them jug, however, at the som 0M res as bearing on the present. detertnine the questions whieh have be Macon, the grantor, an old lady of seventy-fi * as she supposed, about to die, 5 “dingly to prepare two deedsmone to Oa After exeent! : ver them on her death, say | tif sho recovered shy Th intended to retain the right ‘slong as she lived, She did A few months & red the deeds te her, “er's death, got por hovertheless, held. hud. been no wa. retri her mot. The Court, —that there took ett decision had prey case, reported in 6. * eighty, that United Sta," Ctreutt Co,” Before Hon, 9!4a9 Nelson. COLLINTON—FOG—LICENSE, ‘Avs, 20.—Aaron Seabrook 4 Others, ‘Steamboat Eagle, ws. the Steamboat .Syiph ‘The libel was filed in this case to ree ” nner in other re rate ed by one orm in 186, % Twi y 2 Meguested ©) sh te told th: f Me tain , 2 Hale district ia a like there was great Jesaness abou! you: f° cJesanens abou! your conduct Ension, and & 10.7, disregard of Ue gomin>s devensteg at ee, tony in Use presence of each other, forelily fia tion ¥ itis yor 4 . here it young git under dhe cire:imstany v indicted, exercised sym ths ards 4 youof ann wasnuit wai hy own ds Yo tule convicled YOU ye the principal eharge, the evidence phalaacd it Tere Was natliug y fady tai young te Bg wal Qik inade by you Wy add to the aod, by endeavoring te this ‘Une, entirely failed. r Premera aives the Court great discee- coutreA Whe pranerty hoor ‘e is ond of those tases in whith 1 consider Lreaover, and lived "1 ding to You great clemency ia ery recoves pcg alle Wis my duty Wo impose. Eve aenteioe ot (one oF the o ugers, ae | Wan tO yearn and ay wae yssion » of the deeds remembered (hat this was a peeuiiar e The “and [think very properly | Ys lady could not be prevailed upon arin wan nth that the deed never | MOPY for the proseeution until she was threatened wit ‘ho title passed, A like | !¢ continement for contempt of Court. Since the occur- fence, she expressed a strong de er father would not consent to the union Honor acquiesee in such a novel proposal, dative come Ww the Keeper lo prevent them having any communication with each other. | The Recorder said the young lady acted mysteriously, and added that it was impossible to acemtat we ty marry Kohler, but PILors avo wm YOINBERS. | for every phase of the human mind * Of the | THK BKOOND STREKT POGONING CAG—TR ACOTYRD A Gaeat Seow, ts LINGUIST —iRKMARKS OF TI! RECORDER. ae Heury Beck, a young German, who can converse fucntig or damages it © | if Seven lauguages, was the next culprit. Ho was indicted. collision that occurred in the bay of New %ovk on the 2% December, 186i, in which the ste ly damaged, the bow of the 8) strack her on ker starboard side some twenty 0 twenty- fiveteet abatt mer stem, tearing away the bulwalyks and dock, and cutting ker down below the water's cdgex The in a fog as thick as tl ing the alarm beils. No fau le—she was a for the state of the weather. to ot the the two head on, and und ‘The ‘There are, aleo, s The collisiow oveurred the forenoon. These was a dense fom,so dense that the haads ou either vesseli could not see am object ahead be ) yond the length of their boat Tate of speed, five knots te rate adopted by steamers in the of the fires of both vessels were kept readily slow and stop, and back im the em another regulation it seems when runing i 4 A person was assigned, on each boat, to ray comatantly alarm bells, and which were hear vessel in time for each to give dhe order tw go slow, and stop, and back, aad which erde either was seen by the other at When they came together there was more or les head- way on each vessel, notwithstanritng, as is abundantly evi- dent upon the proofs, the hi ised their best efforts ry hou Mt can the vessels we And, as to this, both sta dec! punt per regard wi 13 on b nil’ skill to cheok: Nothing ed on board either, within their po avoid the disaster. according to the proofs, unless, indeed, it was a firule to run the trips on whiah the state of the weat the same footing. Judge Ing: Velow, decreed for the ti the ground that, boing equal, une considerations naturally lead to the conclnsion—the rate of speed of each vessel being the same atthe ti th check the same—that the motion of the Eag! as readily overcome as that of the Sytph. | The tide was strovg flood, some four miles the hour, ‘The collision oc- curred some distance below Castle William in the bay. ‘The Eagle, therefore, had the force of the tide te over. come besides the motion from her engine; and the Sylph, the oo-operation of this force to aid in ebecking her at the instant. ‘The case ix a most unfortunate one, attract the attention of masters and owners, them to consider whether prudence would not dic- tate, as well from a sengers as the safety of property, that, in a as is that of New York with every species boat Eagle Was serious Iph, a ferry bret, having, instrument in controversy was exemted im the nce } Syiptt had started the morning o€ the 17th December\from of a single witness, and with no declavation of its matureor F the Whitehall doe on her usual vip to Port Richmond )\ea- contents. It had all the forms of a deed and nome of the ed im the ferry fine between these two places. ° forms of a will. Teould not, therefore, operate asa tes- | Fagle was coming up to New Ker from Fort Hamilto®, tamentary disposition, even if intended, w it certainly was, | engaged ia running between this eity and Port Monmout ed 9 and 10 o'clock in twas going at the same , hook svems to be the moving resent gecasion. The low so tiaat each could by the approaching were abeyet before lifted out of thw fog. ‘dof eagle exere! imputed w either, éngaged at all, in 1, who decided thi ant, putting his decision ‘king the strength of the he speed of ime it of the isive of the as that Besides, ther: with the rate of and the it at the in was much the heavi ore of the motion of the ming together gave ther with her difference in the: it for th p and, also, efforts to Je could not be ny may well pr 5 dead for the lives of pas- crowded water craft, vessels should not anchor in so unusual and dense a fog: ‘The master or pilot may, indeed, avoid running upon the shore, or against an island, or any other fixed obstructions in the way by the act of the compass; but these are trifling contingencies when compared with the chanees of running against vessels moving or at anchor, as against which the compass is no security. If the Eagle had been at anchor, in this case, and encountered the Sylph in that condition, I should not have hesitated to bas all the consequences of the disaster. the latter with As the case stands 1 cannot see that the one is in fault more than the other, and from the usage and custom, which have come fre: ently under my observation, thick weather, Lam not disposed at present to hold that running these boats in fault, 80 as to justify an apportionment of the 80 long a4 the custom con pound in case of a disaster to as to the de. other of “the of Ang. 90, 1852. But the 42d section of that set ex cepts steamers used as ferry boats. The Sylph, t think comes fairly within this exception Superior Court. Before Hon. Judge Hoffman, TRE PHOENIX BANK AND THE MICHIGAN STATE Arntt, 18.—The People of $100,000, taking Norton's ecrtiicate of deposit, as cashier of the sin, by letter to its cash: same year, the Phonix Bank empowered an agent to settle both branches of the claim, either with the State party. The agent, in the fall of that ‘collected the full amount of the which the draft for $7,900 was drawn by taking as signments of various ‘descriptions of property the Bank of the River Raisin, and the full amount of the draft for $8,500, (which had been collected from the drawee, by Norton, as Cashier of the State Bank.) by ac cepting from the State Rank a deed of about 2.5 land lying in Saginaw county, Mich. This deed was given to the agent in trost for the State of Michigan of the Pheontt Bank, “whichever should assume the debt thereby ert Tn 1850 the Phoenix Rank demanded of ite agent * year, ted.” » . ‘oh to New York to obtain payment. He brought the grantor’ fo ime , ay pong a with him a private letter from Governor Mason, to and cotumented on ‘by’ tho court in 20 | dated the th of February, 1898, addrowed to Wintel, 4. was bot overruled. It ts open | Mr. Delageld, in which the writer says that Nor. no doubt. to grave critclam. How an instrument, ex. | oa b his particular friend, fecal agent of the touted to take effect on the grantors ‘and remaining | State, and Cashier of the Michigan State Bank; that guhy till then to his absolute power of evocation by | be is anxious to command funds to redeom Mic ‘hiya ra etn be aictinguished in, principle from a testamnoen | notes in the New York market, and remarks to Mr. Weta tary diepnottion, Hels not easy to perceive. For the pre- | eld that if he has received funds on the Stato bonds in sent purpose, however, it is sufficient to say that this ts | hiv jon, ho may transfer to Norton $60,000 or Miebigan State Rank. Mr. Delafield had received nothing uj ‘was induced to deliver to Norton two ‘one for $8,500 on the Farmers’ and Mechanics’ Detroit, and the other for $7,900 on the Bank of the River Raisin, at Norval, Mich., beth drawn by the Phenix Bank. Norton received these drafts, took them to Detroit, and in the following September and October cot lected the larger one, but the smaller one was never col lected. In March, 1840, the Phasnix Bank countermanded the smaller draft, that on the Bank of the River Rai ier. ANS. the Slate of Michigan vs. The Phonia Bank of New York.—The plaintiffs, inthe y 1857, authorized Steven T. Mason, Governor of that State, two issue State bonds and negotiate their sale, Mason engaged Mr. John Delafield, of New York, a# agent to dispose of them, he (Delafield) Michigan the . Governor in of $150,000, red the bonds, and rafts forthe above In the summer of the fund against from 500 acres of quit claim deed of the lands given him in trast, which he accord ly made and delivered. When the agent settled the two branches of the claim, he gaye receipts in full for each of them. In the spring of 1854 the Phosnix Hawk, through its attorney at Detroit, presented to the Rowrt of State Auditors of Michigan a claim, in which payment in cash was demanded from the State of the whole amount of the two drafts and interest thereon: ‘The bank fepresented to the board that the claim was wholly unpaid, and that it had never been settled in whole or in part by any few days before the party rel of State Auditors In December, 184, a went oat of office, they allowed this elaim to the Phonix Rank, the whole amounting to $25,008 74. ‘The facts of the abo to the State authoritie settlements did not became known until the apring of 1856, after a new administration had entered upon its duties. The present Attorney General of thie State, felt it bie duty to bring thie a jar} sent Phenix againet the bank to compel it, to fefund the amount ) it had thus obtained from the State Treasury. case has been only partly heard before the Jndtge The defence set up ie:—Firet, that the pre nk, although admitted to be the assignee of the claim and to have received the mowey on it, is not the same corporation as the old Phoenix Bank, with) whom the chum originated, the charter of the former bank having 1 the iT; banki council of the ban! law. Present one becoming ite successor under Second, that who made the settle the attorney. and ment with the River Raisin and Michigan State Ranks was either not fully authorized so to do in the modein which it was done, or that, if so authorized or hie acts ratified, the facte were known te the State when the money was | pa’ it was therefore @ Voluntary payment which cou State, nd that dled Ube Crime tn the Metropolt«. COURT OF GENERAL SKSSIONS. Before Recorder Smith Artat 18.—As soon as the Court was orgrnige! tet Morning the Recorder instructed the clerk to ar » tho Prisoners who were remanded for sentenre. RORE AND KOHLER SENTRNCKD ‘Charles H. Rosi and Justis Kohler, who were conve ted ‘of assault and battery with an intent to commit & rape ob Revordet addressed the yeoers es follows — Ron, gom were for the erin of rape Dera convicre! oa the principal charge, ‘of imprisonment woult be veara ia die faba ‘rk death, end just! you of ouly aa assmulh wilt “lieat Bates of (hig Union that crime is pan ‘The jury have convict We qoamal fig cape Y (or olvoning Mr, ind Mrs, Grlngr fo put a quantity of arsenic in boi "which contained food. Iminediately phy lard “ceived that poison was mixed with the food of winch firey, bad partaken, and, fortunately, resorted without de lay, do ie roper antitofes, wo that they soon recover od ‘The gp risoNer, on being asked what be bad to say why seitence x20. not be prononaced upon him, said-—« Wat Mot da my CANE senses at the time; Was hs my ve offenee,?” ressed him ia these words: ye you have committed. There mew other elrargts Ais. you—one of eramd larceny, upon which, iPyow were Led, you Would be convieted nccor ing to the evidbner, ‘Phere. ig very winger in yore case, and iia wbieg tanpoas Xe le me Lo antorwtaet 1, be cause there seeitts, no far as LNe papers before me are’ com ned, 10 De anabsener of mot¥e for wax ob tote Wath of the charge Uvere is no q Yemion. Yor hwve pleading Uilly, to an aiterapt torpoison, but y.9u did netusily commit te The punishment for that ana ‘cousideration « fil b> take from you w pl if you had” beew 1 upon indict jury, would have convicted "you mo Which dbe lowest term that the Court could have You wovuld have been for ten years, You when your fri, ‘nds, covered Cor this ter must be a very bad wanding belore the Court up eh, af ensued, you cleat had i been convie thal, loo, mur oon whieh Is al vaya done willt coolness, ealeulation aad de Liberation. Yt ded to leke Une lives of tn t ei ty of whieh the statu @e und iis plea will permit, tive Court ix tha t you be imprisoued iv the State prisoa for the term of five yeas ‘Aner the Cou ‘t adjourned, a gentleman communicated Wilh the Rocorde ¥ m1 reference tots peculiar case, and at his request the cf rk did not enter judyimeat, Ou Saturdag” next the case will De finally disposed of. GRAND LARCENY Patrick Reeder, iadicted for grant larceny, pleaded guilty te the minor péeuce, and in consequence Of his pra- ‘Vious good charactor Je was seut Wo the peaiteatiary for ac months. AN KXTENSIVE HACHIVAR—tikws OF ©) HONOR OW Tim enue. Petor Johnson, indictevbtor burglary mp stealing a large @auntity of eloth from the stare of Willard, Wood & Os., Broadway’, was the next prisoner who was arraigned. Ho appeared t be a very respectable and intelligent maa, The Court addressed hinr in these words — You were indicted for burgincy, and the same indictment contained « count for receiving ‘stoen goods. The jury con: w tater count, aithoagh the evideuce woud ary, because there Was a@ ane possenned of this pre: us of Second street, 1 being Bo sever er youth, Une District Ato f An atlempe to commit t his funiig: tO fur aa the evidence abows to the Coust, they wees There ia no motive he eae that can be whiet ed p than by commilting Use burglary to obtain it, rue there was evidence upe trial of your previous good chararter; but my experien we trial of criminateases bat boon that Use receivers of sto t Dreaented, to me evidence of an nneKcep- Thr course that Uhey adopt for the purpawe of carrying ii have and they tebe proviabin, Nou be subject io the surveil ofthweyoltee. iti true that many have ealled upon ame for me raformed Purpone of represeuting your position, faut m have # family, and that up, to this uh ko that if these establishments were struck out th rly they oblain by pilfering would be of no beneat we Wine old saying ts (ruly verdied (at “the cecetver is ae the thie” T think that he ia deal worse and Mangerous, He makes thieves of those who would pre- Tead honest lives if such flattering te to diapows re wot held ont. Tn your ease, as in the majort- nas amily bs compelled vo suffer for your bad ty of eases, y conduct; the innoceut are com, ‘This is one of the penaliies of 1 ment for people to lead honest lives, and tt efiect. Lam compelled, notwihstanding all the represeaia- tions whieh have Powe tipo you exean- lary punishment, still T shall not extend it to the full term, for the reason that the object of punishment ts the reformavon of the criminal we weil as the protection of soriety. Te som wut is that you be seat 10 the Stale prison (oc ASSAULT AND RATTERY. James Moran, indicted for assault and battery, was dis- charged at the request of the complainant. “Let iquee alone in future,” said bis Honor, Wm. Williams (cot- ored), charged with a series of petty larcenios, was ale diveharged. His employer asked that judgment aught bo suspended. AN ORATORICAL HOO , The other day James Harsea, was indicted foe breaking ute a dwelling house, created quite a sensauom In the coart room by espoustag bis own cause ia a brit liant address to the jury. He spoke for about an howr with all the ease, accuracy and eloquence of an accom. plished and experienced advoeate, showing no inconsidee ‘able amount of legat knowledge. He said be was a book ae He is possessed of a great amount of originality and imagination, which, if cultivated, would easure hun a@ respectable position in an intellectual sphere. The Re- corder informed our reporter that when he was tried upow a charge some time ago, he spoke for two bours in a re- markably eloquent strain THE YOUNG GERMAN POTSONTT vit. 1 was opened this morning, the young Germaa, ning Mr. and Mrs, subjoined wa. bs INTERESTING APPI+ speetability father of said pi Ausiria, and carrie Vienna; that the time in July or Ang em to avond the inclancholy dey that his actions lo deponent were © Of insanity, ant that libs mented and from ise, arcording , several influtntal to the cireum-tanees attending the potsoning of the Urieegrave Ormily. It seems there was an absence of all mit the deed. His honor remarked to Mr. the Distriet Attorney, that he did not feel justified a ing judgment, and wished Beck to be put oa trial. ANOTHER ARSON CASE. ‘The ease of Burns and Linford, indicted for arson in the first degree, which was put down for to-day, was them called. Mr. White, connsel for the acensed, said that he Aad been toying ave last January to try this ease, bat had not been able to bring it about in consequence of Une continued absence of the District Attorney. After long colloquy between Mr. Hall, the Court and the counsel, Ue case was put down for Tharsday next. GRAND LARCENY, Timothy Sullivan was placed on trial, charged with stoe ing a barrel of copper worth $50, from pier No. 12 Kast river, on the 19th of Mareh, the property of Brower & Ce. ‘The prisoner's counsel informed the Recorder that officers Rarry and Walsh, of the First , material witaesses, were duly sabgenand and telegraphed, but they did not appear, The yrder said he woold report them to the Volice Commissioners, When the jury were deliberating upon their verdict, the officgrs arrived, but their tesume- ny was nottaken. After an absence of an hour Une Jury came into Court, stating that it was impossible for ged. Seven were them to agree, so they were for conviction, and five for acquittal 21. When the court was organized this morning, the Tae ot ‘Thames Dee nd (oe the murder of his wife by beating her to death, ws was postponed to Friday, in order tv pare the defence ace NORNTSY IN ANOTITRR ATTITUDE. Mr. Matt, the District Attorney, then rose and said, Unet in consequence of affiday its made by two prisoners inewr sont i abi epee So Deniny, eharged | y iy stated in ‘het. hearing Uiat he was perfeetly aware the jury who could not agree open a verdict when he th the January term would not agree, Jurors was «Freemason. The affidavits also the accused bed made te eee court and of Louis Baker, of Poole notoriety, Freemasons, and Baker to call upon some rors who were empanelied to try cagses this term, he ving procured o list of their names for that purpose, Deniny was then removed, and bis trial put dowa for the first week in May. George Williams, colored, was tried and convieted of vm attempt at burglary in the third degree. The evidence was conclusive, and the jury found him guilty without leaving their seats. one year. Jobo colored, was c! sant wtih oka of color, on the of February, at ‘The jury rendered a verdict of au assault with a dangerous weapon with an intent to de bodily harm. Peaitemtiag Biny BIUILs, aed,