The New York Herald Newspaper, March 18, 1864, Page 9

4, NEW YORK, FRIDAY, MARCH 18, 1864. SUPPLEMENT TO THE HERALD. a = think he should count upon deing pereonally re- ‘sponsible, if the deciston should De adverss: for the coats. Jam yours, very truly, WM. M. EVARTS. ‘COPY OF LETTER TO HON, WM. F. ALLEN. DEPARTMENT OF FINANCE, COMPTROLLER’S oe} New Yor, Feb. 6, 1864. Boa. Wituiam F, Auten: ‘Duak Siz—I desire to obtain your writtem opinion on ‘the questions presented by the pending litigation iv the ‘Matter of the People ex rel. James b. Taylor others, egainst myself as Comptroller of the city of New York. ‘This litigation involves the legality of the action of the Common Counsel providing for the purchase of the plot of ground kuown as the Gansevoort property. ‘The resolution of the Common Council tor the purchase ef the land in question was adopted about the time | came into office. By the terms of the resolution it was made the duty of ‘the Comptrelier to pay the consideration of the proposed to the alleged owners. @n the 2d of February, 1863, I communicated to the Gommon Counci!, in connection with avother subject, my Fefugal to comply with the direction of the resolution, to which I have roferred, in the following terms:— It 48 gravely alleged that the title to this property 1s mot in the parties from whom it i3 proposed to be pur- ebased, atid while | am not prepared to say that the ob- jection is valid, Iam equally unprepared to decide that it ‘bould be disregarded, and the largo umount of the pro- purchase money paid eut without a judicial deter- ‘Maitnation of the question, I bave concluded to decline payment on the ground of ob ection to th ficiency o! the title, and leave the par- ties to their logal remedy. If they have a gvod title, the question will be settled for the protection of the city, and if they have not, they ‘are not entitied to the money demanded. It is proper for ‘me to say that | do not consider the sum,proposed to be paid to be greater than the present value of the property, ‘or that the premises are-not well adapted to a pubic It. So far as 1 can learn the facts npon which the question ‘@f title arises, it would appear that in or about the year 2652, the proverty, then being owned by the Corporation, ‘was struck of! by Joseph R. Taylor, then Comptrolier, to Mr. Reuben Lovejoy, of this city, as tho highest bidder, ‘He assigned his bid, or directed the deed to. be made out ‘0 Mr. Simeon Draper, who was then one of the officers of the Corporation, and incapacitated to purchase from the ee: This disqualification being discovered, Mr. Joseph B. Varnum was substituted for Mr. Draper, and the deed made to him. It is claimed that the intervention of Mr. made the whole traveaction invalid. It is also alleged that the bond and mortgage given for part of the purchase money was not executed in accordance with the terms of saie—the interest specified in the bond being six per cent, ead of seven per cent,as stipulated. | do ‘Rot consider that to be a question alfecting the title. The Comptrolier should not bave received any otber than a proper bond and mortgage, and the city couid have at any time compeiled performance of the terms of sale in this respect. The substantial ground of objection is that presented ‘by the appearance of Mr. Draper in the transaction, and ‘pon that ground I base my refusal to comply with the resolution of your honorable body directing the pur- Legal proceedings were thereupon instituted on behalf ‘Of the alleged owners of the property, to compel by man- damamus the performance by me of the duty imposed Dy the resolution, In this litigation I was represented by the Hon. John E, Deyelin, Counsel to the Corporation. ‘Tue decision of the Special Term, where the question was first argued, was, that the municipal Corporation pos- essed the power to purchase land fora market; that it was represented in its cvrporate capacity by the ‘Common Connctl; that the action of tho Common Coun- cul had been validly taken; that there was no legs} ebjection to the validity of tho title; that the Comp- trotler was a mere ministerial officer, and bad no discre- Yion in tue premises but to obey the corporate direc- Mon as jndicuted in the resolution of the Common Council, anda peremptory mandamus was ordered ac- cordingly to issue. commanding me to comply with the directions of the Common Cou.cil. From this decision ‘en «ppeal was taken to the General ‘Term, and after argu- ment, the order of the Special Term, so far as the same directs the Comptrolier to prepure, sign and deliver the bonds therein mentioned in the manner aud form therein directed, was aflirmed, and I was directed to pri wo execute the writ of mandamus heretofore issued. On the Tendition of this judument, | addressed a.communication fo Mr. Develin, asking bis legal advice as to,the further ee, in the matter, and his opinion ag to the pro- bie result of an uppeal to the Court of Apponls. In ‘view of tho importance of the question, he requested au- thority, which was given, to employ associate counsel; and retain tho Hon. William M. Evarts as consulting Counsel on the questions submitted. 1 have received the opinion of Mr. Evarts on these questions, andjthe con- earring opinion of Mr Movin. Mr. Evarts, in bis opinion, @igcusses two questions:— 1. 1s the contract for the purchase by the Corporation of the real estate from the relators valid in law, and ca- pabie of cnforcement by judicial proceedings? and ‘2. Is the proceeding by mandamus ab appropriate pro- ‘@eeding for its enforcement? He answers both of these questions in the affirmative ‘On the first point, after asserting the competency of the Corporation to purchave these junds for the public use of @ market, aud the completeness and validity of the con- tract set forth in the record to accomplish that object, he remarks:—The only defects suggested relate to an ad. verse right to the property, legal or equitable, iu the Coporation itself.” He holds that a title in dispute be tween two claimants may certainly be made the subject @feale aud purchase, as well as where no such dispute existed. Ho also decides that a mandamus fs an appropriate remedy by the alleged owners to enforce the contract by ‘the minigterial officers of the Corporation. Mr Evarts eoncludes that no reversal of the judgment of the Su- une Court can beexpected. In a supplemental opioion , Evarts states that, “if. after judgment at Special and General Terms, the Comptroller should insist upow pur ning an appeal, I think he should count upon being made mally responsible, if the decision should be adverse, the cosis.”” ‘Mr. Develin, in submitting the opinion of Mr. Evarts, States:—“With my own views not differing from those expressed by Mr. Evarts on the whole subject, and in view of your personal responsibility 10 the premises, 1 repared to advise an appeal from the deliberate Judgment of the Supreme Court.” 1 have also been served with a notice by the attorney of the claimants of an tvtendea motion for attachment against me for my failure to comply with the order of the Supreme Court, and am notified that I will be held per- govally respousible for such damages as the owners have already sustained or may sustainpy my delay. Since the receipt of this notice the Attor ney General, @n behalf of the people of the itate, has taken proceed fogs to prevent the consummation of the proposed pur- base. ’ Under all these circumstances I fee! embarrassed as to the course which | should adopt. Ihave concluded to ask your careful and deliberate examination of the whole case, and your opinion as to the probable result of an appeal from the judgment ef the Supreme Court to the Court of Appeals. ‘Your recent position as a Judge of the Supreme Court and a member of the Coart of Appeals, aud your acknow Jedged standing a@ a jurist, suggest your fitness as my Adviser in the pooullar cirgumstauces of the case. If 1 am advised by you that an appeal t» the Court of Al is will be attended with the reasonable expectation ‘success, { shall feel justified in taking an appeal, leas of any question of personal responsibility. Will you please call on the Counsel to the Corporation and obtain {rm bim the record of the legal proceedings Bad iu tho cise, 1 will feel obliged, if you will also consider in your @pinion the hearing of the recent action of the Attorney General, and the interest which the State has in the con troversy, and would be gratified to have @ personal inter- view with you on the subject. Yours truly, MATTHEW T. BRENNAN, Comptrotier, COPY OP OPINION OF HON. WM. F. ALLEN. The Pople, ex rele, James 2. Taylor & ab, vs. Matth sz vel.,James 2. Taylor » OS. eo Brennan, Comytrolier ye —Thave examined with care = ine proceed roll ea ee raped ioe printed case institut com ‘erecution avd dativecy to the felatore OF the bonds of the city of New York, in payment for lands agreed to be acne eee Common weil of the city. . The objections: Ur es contract of purchase and its perjormance, are t+ mq To the reguiarity and logality,as deposding upon the regularity of the proceediags of the Common Council or the purchase, und . 2 To tho title of the reiatore to the lands gold and pro posed to he conveyed to tue city. 1 understand that no question 18 rai ag to the power Of the Common Council! to purchase | upon credit for the poi Mentioned. [It is within the peculiar prov. jnce of that body, in the exerrise of ite governmental functions, to establish and maiutain markets within the Gity , and its discretion and actious are not the subject of review or control by the courts. As a convenient and reasonable, if not a necessary incident to this er, is ‘the right to purchace land and pledge the credit of the for the payment of the purebase price hopes pd indebtedness for such money, made and issued by the proper ministerial financial otfi- ers of the Corporation, under the direction of the Common Council, are valid obligations binding upon the city (Ketchum vs City of Buifalo, 21 Des 294; People ‘va. r, 28 Barb., 65; Barney vs. Merchunte’ Exchango, 1 Sandf’ OG ., 240; King vs. Same, 1 Seld., $47; Curtis ve, Leavit, 16 N.Y. R., 62) It neces. sarily follows that tho order and directions of the Common Connell, In the matter of any such purchase, are final avd obligatory upon all the ministerial officers of the city, and to be obeyed by them — That a purchase for the purpose Indicated J unwise, or the price agreed © be prld extravagant, will Oot Vitiate the notion of the Common Council, or authorize a review of their proceed. ngs and a control of their discretion by the courts or any other body. But the fitoess of the Innds purchased for a market and the reasonableness of the price agrecd Ne Mheteuly vnjection to tee ragulary of the proceed ‘only objection to the regularity 0 10, for the purchase is that both ‘Granehes of the Common Couneil acted upon the resolution for the purchase after ‘the veto of the Mayor and adopted it on the same day Fags gd 3, 1863), In violation of section 37 of the char- of 1857. ‘This alleged detect is regarded by the ob- Joctors an fatal to the powers or jurisdiction of the Com- mon Council, xnd nullifying their action. If the fact was pick arapaiamieeN claimed for it would fol- ‘The act is directory and not j ji¢tiona!, and a non compliance with its terms would ‘at most but an ir gularity whieh would pot render absolutely invalid any act of the Common Couseil is a matter over which they ave general jurisdiction. But within the provisione of act referred te, and ander an express exception to ak prot claune, or- 4inavceg may be acted upon by both branches, on the aaine Dy unanimous conseat, ‘Tho presuinption would be, m the absence of proof to the contrary, that the unanimuus ewpsent required by law was given. When acts are of an unofficial nature a eeumption arises In favor of their due execution. psf phases presumed to be rightly and duly done until f contrary i8 shown. Im thie instance this presumption is supported by the minutes of the Council. The only objection raised in the Board of Aldermen to action upon the resolution «p the same day upon which it had passed the Board of Council men was withdrawn by the objector boore the final vous, 80 that it was acted upon by unanimous eunsent. The proceedings of the Common Couneit for the pur- chase are not, therefore, liable to the objection taken to them. But the principal objection to completing tbe pur- chase Iras respect to the title of the vendors (the relators to this proceeding), and rests upon the allesed invalidity of the conveyance of the same property by the city in 1852, under which the relators claim title. ‘One objection to the title of the rel.tors rests npon al- leged defects and irregularity in the proceedings of the Commissioners of cbe Sinking Fund for the sale of the property. That the power of sale was in the Commis- sioners of the Sinking Fund is not questioned, but the claim is that they proceeded in violation of the ordinance of the Common Council ana acts of the Legislature con troling and regulating their actions, and as is asserted, restricting their powers, The title to these lands was vested in thé city by chapter 182 of the laws of 1837 These lands were at the time of the sale, In 1852, under water, . The act vésting the title to them in the city describes them as lands under water; the resolution of the Commis- sioners of the Sinking Fund was for the gale of the lands to be made on the eryiem shore of the North river, be- tween the prescribed limits, and the grant was of ail that certain water lot or vacant ground and soil under water ie ‘be made land and gained out of the Hudson or North river, The power of gale of these and other lands under water Was in the Commissioners of the Sinking Fund, subject to certain pre-emption rights of riparian owners, and sub- ject to such limitatious upon their powers as are imposed by the ordinance and laws referred to, The ordinance of February, 1844, which the Common Council were, by chapter 225 of the Laws of 1845, pro- hibited from amending (except by making additions to the funds cet apart to the sinking fund) until the Croton water debt should be redeemed, is relied upon by those who object to fhe validity of the conveyance by the city, The only direction which could be regarded as a limita tion upon the powers of the Commissioners in respect to these lands contained in the ordinance, is as to price and terms of payment. They were not rejuired to sell them at auetion, or upon any appraisal by the Comptroller and Street Commissioner, a8 was required in respect to other portions of laud under water owned by tho city. ‘The ordinance fixed the minimum price of these lands, to wit, fourteen dollars for each running foot of the westerly line of the Eieventh avenue, and tho sale was for a mueh larger price The sale is not impeachable for @ non compliance with the directions of the ordinance as to price or mode of procedure in accomplishing it. ‘The effect of this ordinance and the act of the Legisla- ture confirming and perpetuating it, upon this sale, was fully considered and passed upon by the Court of Ap- peals in Roosevelt vs. Draper (reported in 23N. ¥.R, page 318), The sale was regarded as of lands under water, and as controlled by the ordinance referred to; \d after considering the proceedings of the Commis- sioners of the Sinking Fund for the sale, as connected with and in reference to the several requirements of the ordinance, Judge Denio, giving the judgment of tho Court te only departure from the provisions of the ordinance which i can discover consists in the reservation of interest at the rate of only six per cent, when the ordinance expressly requires that seven per ceat should be reserved upon all bonds and mortgages twken upon grants made by virtue of the ordinance.’’ ‘The Judge speaks of the difference between the rates of interest required by the ordinance and that actually re- served by the bond and mortgage as an “illegality,” but does not consider its effect upon the Fale. The direction of the ordinance as to the rate of interest was not of the substance of the act creating the sinking fund for the payment of the city debt, or of the essence of the per of sale conferred upon the Commissiovers of the Sinking Fund, It was proper as a guide to their discretion and to be followed py them, but not an essen- tial part of the grant of power, The power of saie might be well executed, certainly as to third persons or strangers, or, when collaterally questioned, by the se- curity for the purchase money, might not in all respects conform to the requirements of section thirteen of title four of the ordinance, either a8 to time of payment or rato of interest. The city or the public creditors, whose pecuniary in- terest was prejudicea, might perhaps complain and ask hat the security betmade to conform to the ordinance, or the sale vacated, if this relief was sought within a rea sonable time; but the sale would not,1 think, be abso- lutely void, as would be the case of a sale made without authority, or without a substantial compijance with the forge and conditions of a special power. The principal objet of the ordinance creating @ sinking fund and pro- viding for its administration was to secure the city against the waste or improvident disposition of the pub- lic property, and at the game time to secure the payment of the public debt by @ proper pledge of city property It should be construed and effect given to its various pro- visions in reference to this principle and obvious td pur Security to the public creditor was the design pur- pose of the act of 1845, giving permanency aud thé force of a legislative act to the ordinance of 1844. The substantial end to be accomplished was the estab- lishment of a fund for the redemption of the public debt by setting apart and > ay ogo certain h propery and revenues to that purpose. The provisions or- éinance, which were merely model in their character, having respect to the form of procedure by the Comm: sioners regulating the details of their duties, may not no. cessarily be regarded as Of the essence of the grant of power or jurisdictional, so a8 absolutely to invalidate for all purposes any 8 or grant in which, or on the secn- rity taken upon which, there may be a slight departure from the provisions of the ordinance which may be re- garded as more properly “directory.” If this part of ‘he ordinance is directory a precise compliance was not essential to the validity of the act (4 Seld,, 67; 17 N. ¥. R., 276). If by any departure from the direetions of the ordinance in the sale of property, or in the administra- tion of the ‘sinking fund,” the city, or a creditor of the slams, or is in danger of suffering, peonniary loss, y be had against euch improvident or irregular sale or mal.dminietrationgof the | und, and a substeatial coimpliancs with the ordiuince be compelled bv a reason. able and tmely proceeding by those having @ pecuniary interest to protect. But it bY no means foliows that tbe acts of the Commissioners are void, or that they may be questioned and avoided at any distance of time by those interested, or at any time collaterally, or by those having no interest to protect and who take no bevelit under the ordinance. A strict compliance with the ordinance may be waived as any benefit arising out of contract or con- ferred by a statute, or, if even by the constitution, may be waived by those for whose bevelit it was passed, and who are alone interested legpily and pecuniarily in its provisions. That it has been 80 waived by an acquies- cence of the only parties who could question it, for more than tea years, I have no doubt. Whetber the saic would bave been set nside for this variation in the rate of interest reserved from that pre- scribed by the ordinance, had the remedy been earlier sought by the proper parties, or what particular relief would have been granted, need pot be considered. ‘The only parties who could havo objected to the validity of the sale, upon this ground, have waived their objec. tions, as they lawfully might. Another objection is that bir. Draper, at the time one Of the Govervore of <he Aimshouse, was a purchaser, or Interested in the purchase of the lands from the city in 1852, Mr. Draper being within the prohibition of chapter 187 of the laws of 1849, section 19, and disqualified from being a purchaser of real p Nd from the city (Roses velt Draper, 23 N. ¥. R., 318). The Court of Appeais, iu the case cited, intimated the opinion that if tbe sale was Draper the graot was voidabie, but it was not or intimated b; the Court, that the grant would be for that reasou voi If it was voidabie only, it was capable of contirmation by the parties at whose instance it migh® be svoided, and made in violation of its provisions to a person fied by it, it only affects sales made directly to an of ae city government or a sale in which he 1s interested ‘at the tine, It does not prohibit the officers named from ing lands from the granteo or vendec of the : pis @ por. chase from the city that is against public policy, and therefore prohibited by law. if the city has made a ‘valid contract for the gale of property to one not dis- aiified, which contract is capable of being specifically enforced agamet the city, I see no reason why one who could not purchase from the city might not become the assignee of that contract and claim performance from the city. ‘Tie vendeo in the contract has a valuable interest, the subject of saie, and which may be reached by eredi- tora, and there is no law probibiting the sale in terest to any member of the Corporation or othér person. ‘There is no difference in principle between a transfer for @ valid exeeutory contract for the sale of lands by the city and the purchase of Jands granted by the city di- rectly from jte grantee. Of course, a grant directly irom the city to one of the disqaulified officers of the city go- vernment would be ma facie evidence of a parcbase from the city, and the burthen of explaining the transac- tion would sad ipa Uist er ine uae wie perry be necessary to support the title, or for any purpose, Coneediag that the titie vested in Mr. Draper under the graot to him, and it the relators taxe tit under him, the grant might be sus. tained 0 this view, especially giving the traneaction the benefit of that presumption by which any Act, whien — be lawful or aniawful adcording to :ts circumstances, will be held Jawful until it is shown to be anlaw(ul. The resolution of the Commissiouers of the sinking F as for @ pale of the lands to a Nir. Lovejoy, and the yrant to ‘Mr, Draper might be upheld as inade ju the perfurmanee Of the contract embodied in the resolution traus- ferred to Mr. Draper, the latior taking the grant directly from the a8 the most © jont and direct method at veoting title in him. There is votbing incon- sintont with thie view in any of the papers, while the aulldavit and rtatement of Mf. Draper show that he be- came connected with the transaction after the purchase had been made by Mr, Lovejoy, and that te bad no con: nection with OF Interest yw it, and dil oot koow Me, Love. joy unbil ater the ante by the city But, upon all the ailidavite and payers before me, Tam of fie opiuion that Mr. Draper was net the wrantee of the city; that if the title ever vested in him tt was but for @ jef period of time; that in view of the disabling act of 19, and to avoid all appearance of contravening 8 pro- vigions he was relieved from all connection with the transaction, and Mr. Varnum was substituted, not as bis suceeseor in interest, but the successor or representative im interest of the original purcbaser from the Com- missioners of tho Sinking Fund Whether the grant to qo, Deapee was ever delivered to him i not very ma- Upon this fact Mr. Draper and Mr. Lawrenoe, a clork im the Comptrotier’s office, differ in their recollection, I! it was not delivered, then no title ever vested in Mr. Dra- per, and the grant te Mr. Varnum vested the title in him without any agency of Mr. Draper. If it was delivered Mr. Draper could only be divested of the title by a for- mi} deed of conveyance either to the city or such — person as might be substituted in the place of Mr. wejoy. But the change was effected, and that in a formal man- Ber,and the interest of the parties is palpable, and rea- gon! effect should be given to lt It is indisputable that, immediately after the execution of the papers, and almost before the ink was dry, and whether betore or after the formal delivery of the grant is not mater: Mr. Draper de:ermined, for Diag 4 proper reasons, to with. draw from the affair,and to this the city, and qll the parties in interest, assented. The grant to him was marked by the Comptroller “‘can- celled.”” A new grant was made by the city to Mr. Var- num, and his bond and mortgage taken in lieu of that before executed by Mr. Draper, and the latter was ro- fanded his $40,000 by Mr. Varuum, as the more conveni- ent method of reimbursing bim the money which had passed into the city treasury, and could not, without bome little delay and trouble, be withdrawn, Mr. Draper, to give full effect to this change of interest and substitution of a grantee in bis place, oxecuted a quit elaim deed to Mr. Varnum. The form of the transac- tion is not important. The substanco of jt was, to substi- tute Mr. Varnum as the grantee of the city, in place of Mr. Draper, and it was properly accomplished, and Mr. was ag effectually out of tho transaction and dis- connected with it and the title as if his name had never been connected with it. The relators take title from the city through Mr. Varnum, and not through Mr. Draper. the deed oi the latter only operating to remove any cloud that might rest upon the title by reason of the grant to him, which appeared upon the record of grants in the Comptroller’s office. _ There is no evidence that Mr. Draper had any ggnnec- tion with the purchase from the Commissioners vf the Sinking Fund, and be deuies explicitly that be had, so ‘that the whole alleged illegality ts made to rest upon the grant to him. In respect to that, it is sufficient to a that, if the grant was void,as it claimed, then no tit! paesed by it and the grant toMr. Varoum vested the title in him. ‘If the grant to Mr. Draper was merely voidable, the same result follows; for it was avoided anda new grant made to one capable of taking by the united action of the parties in interest and tho city authorities. That the city authorities assented to the change and substitu. tion of grantee and mortgagor, is evident, not only from the acts of the Comptroller and the legal presumption that he acted under proper authority, aud the long acquiescence of the Common Council, but algo trom the regolution for the purchase of the lands, in which the lands are in terms designated as conveyed to Joseph B. Varnum by the Mayor, Aldermen and Com- monalty of the city of New York, by deed bearing date December 27,1802. lam of opinion that the title of the relators to the lands proposed to be conveyed to the city under the grant to Mr. Varnum js good and valid, subject only to the mortgage to thecity for the unpaid purchase money, and to any incumbrance that may exist thereon for unpaid taxes and assessments. ‘the city could not, in my judgment, repudiate the conveyance to Mr. Varnum and reclaim the property from its present owners, unless there was gome fraud in the sale not disclosed or alleged io any that have come to my notice, aud in which the present ciaimants were participators, or of which they had notice beiore they acquired the title. But an other ground may be sugegited upon which the contract of the Common Council foPthe purchase of the property from the relators may be sustaimed and enforced. The ciatm under the Varnum decd was certainly colorable, and after an acquiescence by the Common Council for ten years and over after its execution, the city retaining the cash payment of forty thousand dollars without an offer to repay it, and the securities given for tho residue of the purcbase prico, the land having in the meantime, as it would seem from the posal ‘to eell and the terms of the resolution ac cepting the ogal, being made or gained from the North river, by filling to the amount of one million three hun- dred and eighty seven thousand cubic yards, estimated by the contracting parties at $433,437 60, there can be Go pretence that there was not a claim, if not an actual title and interest under the Varnum deed, which would be the proper sub,ect of a compromise or purch:se, and release, if the city desired to regain the lands and remove the cloud upon the title A compromise and release of a disputed claim or title constitutes a good consideration for an agreement to pay money, or do any other thing, and whether a claim made in good faith, and with some color of right, to real estate, the title to which it 1s also claimed by the city, shall be compromised, and the adverse claim purchased, or shali be contested, or submitted to, and the land yieided up, is in all cases for the €ommon Council to decide. It can on! be whon the caim made 1s so palpably without founds- tion as to be of itself evidence ef bad fakth, that au agroe- ment to pay money for its release can be avoided for the want of @ consideration. If, then, the objections to the Varnum title were better founded than I think they are, there is a suflicient con- sideration to support the agreement of the Common Coun- cil, and entitied the relators to its specific performance, as an agreement within the power of the Common Counci! to make, and in which their discretion and action, iu the absence of fraud, are final. A single word ag to fraud. Two classes only can be de frauded by asale of city propert?, by the city authori- ties, to wit :—the city, as 4 corporation, and the holders of the city stock or debt; and as fraud only ayoids a con- tract at ihe option and instance of the party aifected by it, it follows that the fraud may be waived and the con- tract alirmed by the parties in interest, and if not as. sailed by them upon that ground, its validity. is not af- fected by the fraud. ihird persons and strangers cannot bo beard to allege the fraud. If the party defrauded and whose interests are affected by the fraud, does not take proceedings by action for ree lief within six years after the discovery of the facts con- stituting the fraud, the action is barred by the statute Ce $91). Anaction for equitable relief, other than we fraud, must be commenced within teu years after the cause of action accrues (=t. 997). More than ten years bad elapsed after the giving of the deed to Varnum, at the timo the resalution for the purchase was adopted by the Common Council, aud during that time several suc cessive Common Councils had been elected, and neither the city, nor any creditor of the city, had sought to im- peach the sale and conveyance, or asserted any claim Adverse to the Varnum title. An unsuccessful attempt by a stranger to impeach the transaction was made, bat, 80 fat Ihave been informed, no one having a pecuniary interest vo protect has moved in the matter. It would seem that the eity must have been barred by the Statute of Limitations from any relief in the premi- 03 when, in 1863, the agreement was made to purchase the lande of the relators. The remedy by mandamus was, | thiok, an appropriate although not the only remedy Whether tho proceedings were entirely regular i granting.a peremptory mandamus in the first instance is ‘not important. It was adopted for convenience, ana is not unusual where a specdy determination of a question is desired and nothing is to be gained by a formal issue. An application for a mandamus is, in some sense, ad- dressed to the discretion of the Court; but it is the pro- per remedy to compel a public officer to perform any ministerial act enjoioed upon him by law, and may be sued out by any one having a special interest in the per- formance of the particular (tu (People vs. the Mayor ot New York, 10 W. R . 505; Vau Reusselaer vs. Sheriff of Albany: 1 Cowan; 06 ‘Hall vs. Supervisors of Oneida, ts DO occasion for an action against the city for a formance for the obvious reason that the city 195,R., There the contract, and have done al] they could to put their ts, brecen Berroa ny: sett could do no more 8 of the Ci 4a irecting the contract to be H : officer for maintainadle, but it would be a as against a faithful officer, who ‘& refusal to act io #0 im- @ matter, under the pecullar circumetances of the f i Ae this remedy did not that by mandamus prt an vy a! Y 6 # ‘an opinion as to the right of G tm the name of the i above) vory clearly the Oy pee sue for relief against ott rty. itor tne cy, whose pecuniary the ! act: neither indi- the at large have such legal to maintain an action, Ju i dual taxpayer, and the Corporat; that learned and very cautious judge decided that the selection and pur- chase for a market was a legislative and not an executive @ name of the people, the eRe roller, an indivi yan Act, and was properly exereised by the Common Council, ‘and the plaintiffs, including the people, were deirated. It is true, the J in anbstarce, that if it be conceded that the A' y General may maintain av ac tion in the nam the people to reatrain & municipal corporation, it can only be to restrain them from making 8 fraudulent or sMogal jon of the city property, and in soch case frat ast be distincily charged. ‘This ie very far cven from intimation that such an action ig maintained. talnly the creditors who can have relief in their own name, ju a proper case, do not need and are vot éctitied to the intervention of the people, by their Attornoy-Cieno- Tal jn their bebalf, and a mun! corporation i8 in no fonKe the werd of the State, and like every other artificial, a8 woll as natural person, only Feliot agvinst the improvident or fravdulept acts of its agents by action in ite own name. I thiak the State cannot maintain an action to review = Serie action of the Common Council, in the pur- hase OF Bal roperty which it hess gover te buy ore, if 10 Conclusion, ram of the opinion— I. ‘That thore was no irregularity or defect 1p the pro- ceedings of the Common Council, and the adoption of the resolution for the purchase cf the lands in January, 1898, and theta contraat, good and talid in form, was thea made for such purchase. 2. ‘That tho relatere have A valid ant commiete ttle to | ihe fonds roid wuder the ccrveyanee to Mr Varnum = —=. subject only to the incumbrances of bis and the uppaid taxes aod assessments, and that the titte is not in the city a® against Mr Varuum and is grantoes. it the sale and conveyance under which the re Jators claim title was and te not void by reason of the reservation of interest at the rate of six per cent, instead of seven per cent, or by reagon of the appearance of Mr. in tho transaction, 4 If tho decd to air. Draper was void, then no titie ‘under it, and ihe grant to Mr. Varnum passed the tithe without the assens of Mr, Draper, and is pow im tho Telators. If it was merely voidable, ft was in substance and effect vacated, und the grant annulled by the act and consent of all parties tot, and the parties In interest, and Mr. Varnum substituted and made the grantee of tho city by proper conveyances, 5. If for any deicct, irregularity, or non-compliance with the forms prescribed, or any other reason, the salf and conveyance in 1852 was voidable at the instance of the city Or its creditors, the remedy ia probably barred by the ‘Statute of Limitations. In any event, the long dolay and acquiescence is strong evidence of confirma tion and ratification, and would probably cure any do- fects or irregularities in tho transaction, 6. That while the rejators might have an action against the city for a performance, or against an officer of the city for damages for a refusal to act in carrying into o- fect the contract, the process of mandamus is a proper and the most simple and expeditious method of devermin- ing the rights of the parties. 7. While it was proper, and probably the duty of the Comptroller to resist the claim of the relators until a ju- dicial decision could be bad by aproper tribunal, it is not. his duty further to litigate, as, in my judgment, there is no probability that the judgment of the Supreme Court would be reversed by the Court of appeals. 8. That tho people of the State have no right of action for any matter or thing alleged against the city, tho re- Jators, or any party to tho transaction, and that the suit breught and now pending in the name of the pooplo ought not to affect or stay the action of the city authorities. If astay of their proceedings is desired, the parties prosecuting the action should be put to their remedy by aencion, if one can be obtained, upon the granting of which proper indemnity would be given to the parties who would snstain injury by their delay. ‘New You, February 20, 1804. W. F, ALLEN. cory. Jaunoey Court, 30 Want ath New York, Jan. 9, 1864. SUPREME COURT. THB PEOPLE, EX REL, JAMES B. TAYLOR EP AL., VS, MATTHEW 7. BRENNAN, COMPTROLLER, ETO. Marraew T. Brexxan, Fsq., Comptroller, &c.:— Dear SiR—On the 30th of July last 1 served on yous certified copy of the order of the general term of this Court affirming the order of the special term in this case and directing you to proceed to comply with the peremp- tory mandamus which had previously been served on you. Believing, from the nature of the decision of the geveral term, that no further litigation would be neces- sary, my Clients directed mo to suspend further procee ‘Ings against you, to afford you a reasonable time to pre- pare and execute the bonds. After @ .delay of several months I called on you on the 2d instant and demanded the bonds which my clients are entitled to receive. As yot you have given me no response to that demand. It is, of course, not my province to advise you what may be the consequences of your refusal to comply with @ peremptory mandamus from the Supreme Court, It is suficient for me to say that your delay may prove pro- ductive of serious loss to my clients. They will therefore feel justified in resorting to the most vigorous measures to compe! you to perform your duty, It is not probable that the Court will treat lightly your contempt of its pro- cess. Having waited what is certainly a reasonable timo for you to do what their decision requires of you, I am now instructed to apply for an attachment against you unless you immediately deliver to my clients the bouds which they are entitled to receive. It will then rest with the Court to administer such punishment as may be necessary to enforce obedience to its process. Added to this, my clients will hold bel per- sonal!y responsible for such damages as they ve al, ready sustained, or mayeustain by your dolay. As your duty is purely ministerial, there cannot be any doubt about your liability. It may not be improper for me to add, in this connec- tion, that should the Mayor or Clerk refuse to sign the bonds on their part w alt hold, them fn lke saannor responsible for damages. Respectfully yours. HENRY W. JOHNSON. Board of Counctimen. (orricrat.) Srarep Session, WxpNespAy, March 16—2 P, M. The Board met, pursuant to adjournment, in their chamber, No 16 City Hall. |, President, in the cbair, Present—James Hayes, and the following membera:— Councilmen Healy, Keonan, La Nts Al Bagerty. Heffernan, Repner, Koster, Haviland, McGrath, Opdyke, Jaques, Schaefer, Cook, Brandon, Brice, Russell and Joyco—19. ‘The minutes of the preceding meeting were read and approved. PRIITION. By Councilman Joycr— Petition to have hack stand removed. Which was referred to the Committee on Ordinances. By Councitman Broray— a _ : 4 Resolved, Thas the wages cartmen and sweepors hi Mar! of West Washington et be and the same aro hereby fixed as follows:— Cartmen. oo Sweepers, month ‘The same to take eflect from tho passage of this reso- lution. ‘Which was referred to ‘the Committee on Salaries and Offices. By Councilman Hacrr@— Resolved, That Nassau street be paved. with Pelgian pavement, the property owners to pay one half of the ex- penses and the city the remainder, under the direction of the Croton Aqueduct Board. ‘Which was referred to the Committee ou Belgian Pave- ment. By Councilman Bagerty— Resolved, That Ann street, from Broadway to William street, be paved with Belgian pavement, the property owners to pay one half of the expenses and the city the remainder, under the direction of the Croton Aqueduct Board. Which was referred to the Committee on Belgian Pave- ment. REPORT. The Committee on Roads reported in favor of flagging, &c., 110th street, between Sixth and Fighth avenues. Which was laid over. MOTIONS. Councilman Rerrrr moved that tho Committee on Wharves, Piers and Slips be discharged from the further consideration fof resolution that permission be given to John Taylor’s Sons to erect a smail shed on the bulkhead between North Moore and Franklin streets, to continue only during the pleasure of the Common Council. ‘hich was carried. ‘The resolution was then ne yr Councilman McGRraTA moved that the Committee on Fire Department be discharged from the further consider. ation of resolution that the Street Commissioner be directed to place a new cornice on the house of Harry Howard Hook aud Ladder Company, vumber Eleven, forthwith. Which was carried. And the paper was laid over. Councilman Jorc# moved that the Committee on Na- tional Affairs be discharged from the further considera- tion of resolution that the Committee on National Affairs be directed to procure a stand of colors and guidons for the use of the es rogiment National Guard. Which was And the same was laid over Councilman Brick moved tbat when this Board adjourn it do 60 to meet on Saturday, 19th instant, at one o'clock M. Which was carried. REPORTS RESUMED. ‘The Committee on Public Hoalth reported in favor of suoken lote on Manhattan street, on both sides of Which was laid over. Report of Committee on Finance, amending ordinance of Board of Aldermen making the annual appropriations for mere 1864. Which was laid over. mvrration. An invitation was received from the Sixty-ninth regi- ment National Guard, State of New York, to review regiment, oo the 17th instant, St. Patrick's Day, in front of the City Hall. Which was accepted. GENERAL ORDERS, Councilman Branpow called up General Ordor 143, being @ report of Committees on Finance, with resolution conveying certain and to the ‘‘Society¥or the Protection of Roman CatbolicOhildren, in the city of New York.” Councilman Orprxa moved that said resolution be re- ferred to the Committee on with instructions to juire and report an to the amount of “land required for this and whether the Comis. sioners of Charities and Correction can spare the land contemplated to be donated, Which was lost. Councilman Urpyxe moved to amend eaid resolution by adding thereto the words following: — me conv. . however, te be subject to the lien of the creditors of the city therein, for the payment of the fanded and other indebtedness of the ‘ation of New York, and subject also to the rights and control of the Commissioners of the Public Charities over the land ellag toe ‘ag given by the act o the Legis- lature incorporating the said Commissioners to 1860.” Which was lost, Councilman Jaques moved that the resolution be refer- red to the Committee on Finance, with instructions to ive the Commissioners on Charities and Correction « Councilman Orptke moved that the resolution be fur- ther amended by inserting after the words, “enumerated Jo the resolation,’’ the words following — “Or in case other children than those of Roman Catholic parents shall be retained in the institutions of the said society, after a demand mado by the paronte or nearest relations for the surrender of such childron, or their travefer to the custody of the Commissioners of Public Charities’? Which wae lost. ine resolution was then concurred. in by the following vote — pAtieentite~Coceetines, Healy, Keenan, bike A 7 y i ey: Heffernan, Grove, Keppe . od, MOG " , Ovok, Brandon, Brive, Ras so}! and Joyeo—18, Negative—@ouncilmen Opdyke ond Jnquec—2 Councilman Brant culled ay General Order 121. being an ordinance of Board of Aldermen for ‘the lection of eight additional aewiatant engineers tor tie New ork Fire Department, providing as (ollows — Seetion 1, There sbatl be olceted on the first dav in April, 1864, by the firemen of the city ol New York. in Ihe manner Prevorived by lawor ordinance ¢) BE odor er eile 6 | LAND. 46 Exchange tional assistant engineers of the Fire Department of the aid city of New York, who ‘shall hold their oitice untit the expiration of the term for which the preseat Board Of Assistant Engineers were so elected, and at every sub- sequent election for assistant engincers fr said Fire De- partment the widitional assistant engineers hereby au- thorized to be eected shall be chosen im the manuer and | for the time pow provided for the election of such eu- | gincers, sec, 2, Five of the said engineers hereby authorized to be elecied shall pe chosen at iarge irom ibe firemen domg | duty im the city of New York Three of the said Agsia- | tant Engineers shail be elected from the firemen loc: and doing duty in that portion of said city,lyimg n rth of Twety-second street; one of whom shall reside in and be chosen from that portion of said city lying north of Twen ty-socond street aud weat of Sixth avenue; one of whom shall reside in and be chosen from that portion of said city lying Dorth of Twenty second street aud east of Sixth avenue, and one of whom gball reside in and be chosen from that portion of the said city lying north of Seventy- ninth street. Sec. 3, all ordinances or parts of ordinances inconsir- tent or conflicting with the provisions of this ordiuance are hereby repealed, is See, 4 ‘This ordinance shall take effect immediately. Councilman Brick moyed that said ordinance be amended in the following particulars:— Strike out the ward ‘‘five,” where it occurs at the be- ginping of the second section, and insert in lieu thereof the word “four.” Strike out the word ‘‘three,”? where it occurs at the be- ginning of the second paragraph of the second section, 4nd insert in lien thereof the word ‘four? Add at tho end of the second section the words follow. ing:— ‘And south of 205th street, east of Sixth avenue, one of whom shail reside in and be chosen from that portion of said city lying north of 110th street, west of sixth avenue. Which was carried. The ordinance as amended was then adopted by the following vote:— Aftfirmative—Councilmen Healy, Keenan, Riley, Brophy, Hayes, Heffernan, Gross, Repper, Koster, McGrath, Op dyke, Jaques, Schaefer, Cook, Brandon, Brice, !:"ssell and Joyco—18, Negative—Counci!men rty and Haviland—2. Councilman Koster called up General Order 127, boing report of Committee on Wharves, Piet 1d Slips, in favor of adopting resolutions, first, that the slip betweou piera fifty-six and fifty seven, East river, be dredged out 0 the depth of twelve feet, at mean low water, the same to be gone under the direction of the Street Commis. sioner® and second, that the slip between piers iifty- seven ‘and fifty-eight, East river, be dredged out to the depth of twelve fest at mean low water, the same to be done under the direction of the Street Commissiouer. Which was adopted by tho following vote:— Affrraative—Councilmen Healy, Keenan, Riley, Brophy, Hagerty, Hayes, Heffernan, Groes, Ropper, Koster, Havi- land, McGrath, Opdyke, Jaques, Schaeter, Cook, Brandon, Brice, Russell and Joyce—20. Comnei!man Coox called up General Ord 16, being a report of Committee on Public Health, in favor of adopt- ing resolution that the sunken lots on tho south side of Thirty-third street, commencing one hundre@ and seventy-five feet west of Tenth avenue, bo filled in, under the direction of the Street Commissioner, and the accom Panying ordinance therefor adopted. Which was adopted by the following vote:— Aflirmative—Councilmen Healy, Keenan, Riley, Brophy, Hagerty, Hayes, Ho'ternan, Gross, Repper, Koster, Havi- land, Metirath, Updyke, ues, Echaefer, Cook, Bran- don, Brice, Russell and Joy: 5 Councilman Rupers calied up General Order 99, being report of Committee on Sewers, in favor ot adopting reso tion that a sewer, with the necessary receiving basin and culverts, be built in Clinton street, between SALES OF READ ESTATE, ARM—200 ACRES-POR “ALB. TO LET OR TO BX- change—In the towns 0 South Amboy New Jersey, witn soot house and outbuilfings, &e. Apply at RET" NOLD'S gun store, 64 (iat: 4° Chatham street, N.Y. DOR SALM—THR COUNT ¢ PLACE OF THE LATER JSP nthe Ne Shrewsbury river, N. J. 38 miles fron ihe city ond near’ o village of Red Bank; high. and complete ios | i arrangements; profu. iy culty Smet baerins don the shore, unsurpassed agand bathing: esy. of of ae Further and full an oyster | eonv crs for boutog. te cess, and healthy beyond ag aperie®. partioniars will be given Bi GEO, i PETRIB, 44 Park place, and WM, SLOANE, 591 Broaaway. R SALE—A LARGE FRAMB HOUSE, BEAUTIFUL Pacific street, mear Clove road, with two rounds are tastefully laid fruit and shade trees and For particulars, apply to 8. HONDLOW, uildings, Montag jue street, near Court, P98 SALE THB, FOLLOWING PROPERTY :— House and Lot 20 Lexington avenne. House and Lot 97 Kast Thirty third street. L (unexpired) of preaiee ng Greenwich street, reel. ti also House and Lot 25 HEALTH, 12% Chambers ud Lot 13 Cornelia Lot 16 Batavia street Inauire of J. Be treet, from 12 to 3 o'e! OR SALE—-A HANDSOME FOUR STORY BROWN stone Ilouse on Forty seventh street, between Fifth and Sixth and near Fifth avenues, One of the most valuable and desirable locations in the city. Will be sold with or without the furniture. If not so! will be rented, furnished, Per son! or written application can be made to GEORGE COMSTOCK, 194 Greenwich street. z POR, GALE-NO. ao rountA STREET. BETWEEN avenues © and D, athree story brick House and Lo 20.8x10 feet and 6 feet. Price $6.50, Two-thirixs may re- main on mortgage. Apply on the premises, OR SALB—A BEAUTIFUL GOTHIC HOUSE, WITH first class Furniture, all made to order: nost perfecton Long lsh Will be sida t more than e kar price $ ween min condition, Apvly OR SALE—IN BROOKLYN, A TWO STORY AND atic frame House, with lot, ‘in good condition, located on Van Buren street, near Bedford avenue For particulars anply to HUGH QUINN, near the premises or Mra QUINN, corner of Twenty-seventh street and Third avi anus, South Brooklyn, OR SALE—AT BERGEN POINT. N. uated on the bau wed; the house is tt tains nine rooms, barn atta fi ™ walk from the bout or cars, For further particulars apply to JAMES A. WEBB & €O., 166 Pearl street FOE, SALE THE FOLLOWING FOUR STORY, FIRST class Tenement Houses:'—20 on Second avenue, near Gin Thirty.ffth stteet: 2in Thi ty second arth street; 2in Thirty first street; 2 i at ry small place 167 Bast exchange for York, Inquire ‘ty second street, roverty, or PPETTRETCH. Jariem of WM POR sALE—THe FIRST CLASS FOUR STORY BROWN stone House in Thirty-elghth street, between Fifth and Sixth avenues; 21x56, Inquire of B.C. MOONISY, No. 55 Fourth street. OR SALE—78 ACRES OF LAND. ADJOININ village of Geneva, N.Y. commanding beaut) of Seneca Lake; a tine location for a yent!eman’s r Apply to R. R, NICHOLAS, at the offs of J. L. Su Esq., 54 Wall street. OR SALE—TWO BRICK FRONT HIGH BTOOP MO- cern built Houses, on Fifty fifth atreet, between Broads Rivington and Delancey streets, under the direction of the Croton Aqueduct.Department, and that the accom- panying ordinance therefor be adopted, Which was adopted by the following vote:— Aifirmative—Councilmen Healy, Keenan, Ritey, Bro- phy, Hagerty, Hayes, Heffernan, Gross, Kepper, Koster, Haviland, MoGrath, Opdyke, Jaques, Schaefor, Cook, Brandon, Brice, Russell and Joyce—20. Councilman Russsu, called up General Oorder 70, being a report of Committee on Public Health in favor of adopting resolution that the vacant lots on east side of Second avenue, between Forty-ninth and Fiftieth streets, also on the north side of Forty ninth street, between first apa Second avenues. be feaced in,ander the direc- tion of the Street Commissioner, and that the accompany- ing ordinance therefor be adopted. ‘hich was adopted by the following vote, viz:— Affirmative—Councilmen Healy, Keenan, Riley, Bro- Bes Hagerty, Hayes, Hoternan, (ross, Repper, Koster, wiland, MeGrath, Opdyke, Jaques,’ Schaefer, Cook, Brandon, Brice, Russell and Joyce—20. Councilman HerrerNan called up General Order 119, being a report of Committee on Finance, in favor of adopt ing resolution that section sixteen of the ordinance enti tled ‘An ordinance to provide for a continuance of the aid heretofore granted to the families of volunteer soldiers, from the city of New York serving in the army of the Union’ be amended by striking out in the seventh line of such sestion the words ‘sixty dollars per month,’ and ingerting in hen thereof the words ‘‘one thousand dollars per annum,” the same to take effect from the passage of said ordinance and its approval by the Mayor—to wit, February, 1364" Councilman OrpyKs moved that said resolution be laid upon the table. Which was lost by the following vote: Affirmative-—Councilmen Keenan, ty, Hayes, McGrath, Opdyke, Jaques, Schaefer and Ruseell--s. Negative—Councilmeu Healy, Riley, Brophy, Heffernan, Gross, Repper, Koster, Haviland, Cvok, Brice aud hi re iiman Jaques moved that the Board do now ad- rn. Which was carried. Whereupon (pending the consideration of said resolu- tion) the President declared that the Board stood adjourn. od until Saturday, 19th inst. , at one o'clock P. M. JAMES M. SWEENY, Clerk. SALES OF REAL ESTATE. SPLENDID FARM FOR SALE—LOCAT! of Canandai ding @ view of the lake snd surroundin; Te containg one bundred and fifty-three acres land, well watered and highly cultivated, large brick mansion. finished in superior style, having a piazza trecm f beauty and 4 re beauty and utiit combined will Tt will bo-wol’ cheap. th Apply on the premises, or at No. 128 West Twenty-Ailth street, New York. CORNER HOUSE FOR SALR—IN A PI LOCA. tion for the business, and could be altered at amall ex- pense, for a billiard «aioon, with bar, &c House three ame istge room, lighted from three lontague furry on Brooklyn Heights . R. KELLOGG, 189 Peari street, stories, upper story i For particulars York. FARM, OF BETWEEN FORTY AND*FIFTY ACRES, for sale—with a good house, barus and, other outbulid- ings, about one mile from the depot and about twenty-six miles from the city. ir, HARTYE, No. 2 Henry street, corner of Oliv FIRST CLASS HOUSE FOR LE—WITH PIER F carrot and window cornices and shades, furnace and jxtures; three stories aud basement, high stoop; first rate Becond avenue, near Fifty-firet street; ‘Apply to JOHN FETTRETCH, Ni Inquire of Ras m borhood, on be sold very low. 418 Third avenue. At NO, 319 FOURTH AVENUE. KEA: LL, ESTATE FOR SALE, BY DAY & COBB. on bend aud mortgage. A TORIA.~SIXTEEN FINE BUILDING LOTS FOR sale. Inquire of J. D. RREY, No. 13 Spruce street, or CHARLES EXERTIER, Astoria. } A COUNTRY SEAT, AT FORDHAM (ON THE HILL), for sale, with barn, carriage bouse, &c.; about three acres of land, with pleuty of frult and shade trees une large and evnvenient, and commanding a fine view. ‘Apply to BR. H. CUDLIPP, 119 Nassau street. BEAUTIFUL BUILDING SITE FOR SALE.—SIX way and Figthavenue, Also six brown stone front high stoop modern built Honses, on north side Thirtieth atreet, between First and Second avenues, ‘The above wii be sold ata bargain by HENRY E. SYEVENS, lumber dealer, co: ner Thirty-ninth street and Eleventh avenue. POR SALE—AT NORWALK: A HOUSE (AND 107 with Corner Lot attached, delichtfutly located, wi three minutes’ walk of village; horse eara pass tie door every 15 minutes to and from New Haven Railroad depot, aid bouse is in good order, contains 14 roma, with kitehe cellar, gas, furnace and water; on the premises are a bara. shadeand fruit trees. Apgiy to B, T. WHITNEY, No, 55 Broadway, New York, OR SALE—THE SMALL, House West Thirty fo Street, with Furniture complete. in good order, occupied by owner. Possession at once if desired. For particulars apply toJ, P. HAL, 473 way, OR SALE—A FIRST CLASS THREE STORY AND altic high stoop Honse, balit expressly for the owner, and in best manner. Apply between ii A. M. and 4). M. at No. 119 Kast Twelfth street, OR SALE—THE FARM OF THE LATE ALAN MIA situated in Wentchester eonnty, 136 mile went of Tar Corners stition on the Harlem Railroad; 133 xeres Ind, good buildings, good fruit ke, Apely to AMOR MEAD, of the premises; oF to BENJAMIN MEAD, 17) Water street, ICE BROWN STONE or at 177 West Twelfth street, in the evening. OR SALE—A FARM OF 20 AORES, BEAUTIFULLY situated on the cast bank of the Passaic river, oppose ‘iage of Belleville, with good house, barn and other ‘dings @ variety of fruit trees, geapery A dent ‘tuation for # country residence. Anply to J.D. , 19 Eighth avenue, N. ¥,, oro! W. M. ACKER. wm the premises. F°%. SALE—THE THREE TAREE STORY BRICK buildings, Nos. 571, 678.and 575 Third avenue. Apply to WM. SPARKS, 575 Third avenue, OR SALE—THE THREE STORY BRICK HOUSE 22 West Twenty-fourth street; has the modern improve- 1d is tn good order. Al 14 East Twenty-eighith r to HOMER MORGAN, No 2 Pine street. JOR SALE—AT NEWBURG, N. Y., ONE OF THE most magnificent choice Country Seats on the Hudson. Consiete of six acren of highly cultiveied grounds, han a plenty of pu provements geveraliy. The carri dwelling, fountain, grapery, onse, 0 henneries are in excellent condition, and all of the building are very substantial and in stylish architecture. The nat ral beauty of mountain and water views is ausurpasse! and embraces miles, It was the home of the late A. D. Down- ing, Eaq. Tt can be occupied al! seasons, a8 n°: pense haw been spared to make it @ complete and delightful home, Parties wishing a most elegant country seat will find this a rare chance, Will be soid for mnclt lese than cost and on aay terms. Apply to or address TIMOTHY CRONIN, jounsellor, &c., 16) Broadway. FOR SALE 4 CONVENIENT DWBLLING HOUSE IN Brooklyn, on Pacific atreet, north side, third house weet of New York avenue, Bedford. House is double framed, withiparing, sitting room, tea rvom, dining room and Kite on the first floor; has eight lots attached, runniag to Atlantic avenue, with carriage house on Atlaniic garden and grounds under © with plenty of Shrubbery. grapes and fruit. Water and ges in the street, and city cars within convenient d Reighborhow ie ni unsurpassed in Brockizn._ Apply on the presnines, OF 16 CHARES L. BENEDICT, 74 Wail street, NY. Fe. SALE—BROOKLYN LOTS IN MYRTLE AVENUE 4 vicinity, comprising about 77 Deilding jots in the most healthy part of Brooklyn, L. I. They will be sold to- ther or in parcels purchagers. 18 of said lots are Abely loosted oo Myrtie avenue. Bon Lewig avenue. 30 on Stockton street and 21 lots on Floyd street, on Myrtle avenue have each atwo story altic and basemer frame house thereon. in good order, Bald lots will be ‘on easy terme. For parti “> eA ING'S Real Extate Office, 226 Bowery, New York, or to JAMES Tf. SMITH, 105 Broadway. F°, SALE-~A COTTAGE AND city Lots, with frait trees and vii cars run to the pace, and only two minutes wal han Rafiroad depot. Apply at 572 Third avem Foe SALE—A HOUSB AND LOT, Iséth atreet Port A and terms moderate. tand Tenth aven OR SALE—HOUSE AND LOT 18 EAST BIGHT. eenth street, three doers east of Second avenue. Lot 25 by 99 feet: House three story and basemen the best order, with all conveniences, Apply tv T. STAKR, 22 John street. OR SALE—A FULL TABLE, WITH SIX ry id horse ‘fom Ford - ‘acres on the south side of Staten Inland. sloving to LOT ON wards the sen, with beautifal view of the sea, aixd sea bath Fifly fourth atreet, 175 feet east of Second wes cou bey ertauctitcs Wap aes apin | Rett itcNos hype e Wr mshi, OP Wht 3 x | the whole 4 4 4 JOURNBAY. Ko. 8 Vine iret. aid way. pelle preps, aaa BEAUTIFUL COUNTRY RESIDENCE, AND THIR- R BALE—IN GREENPOINT, NEAR FULTON ty-five acres of land, with immediate resaeron, ines | ferry cars and Tenth roy Se fireet ferries, = tusted on river, neve ‘miles from Bolling | eat two story and basement House, containing gas and tix- prin, tiles from New York, For we: ‘one of the eat in Green| to P. near tiemas, tio: a ey many desi rivt such Towing. tehing, oxing Apply oh FORMAN 28 Curt AIN,=FOR SAL GREAT BA THE SUPERIOR four story and high basement jouse 218 Wi Foor. teenth street. near Eighth avenue; ie 265x103 premi feet; with or without the Furniture. Apply on tl ten rms sy. LARGR LOT OF HARLEM PROPERTY FOR le—Improved and unimp: + also tweive Houses ap ae i the Hany ly aren oon nd county; also ‘arm, jm tye county, wen TAYWARD & DEMAMEST, 1/1 Broadway. room 4. SPECULATION.—FOUR TENEMENT novsas for sale cheap and very little money required; situated ip gnirirhird rent, between Firat ‘and Second aveuven; real ral roperty. a “SOUTHWICK & WUOD, 18 Pine street, BRRGEN CM ANDEOME RESIDENOE, WITH EX- ro) wo miles from Jersey City by horse from 4 to 10) eity lots each: cle ‘and vicinity. Apply to the owner, wosive ume caret aino builling Plot: niviews of New York a street, “PROPERTY.—POR SALR. 1 ACRES oF 4 inahigh state of culuvation, at x= yom Pp een eee * . AC, OF Lhe Prinses, 10 PLA opposite ive ‘dourt Mouse, itudeou Oley, oro ey Street Hou ER OF HANDSOME sale at old prices, urt House Dey Street House. API yt PLATT A NEWH aM fideo City, N.d., or address bor 83 ¥ AUCTION=AT ORANGE, N. J.—TO PE SOLD WITH oUt reserve, on the premises, on Wednesday, March 2%, P. M., the late Hom dof Wm, Patterson, derensed; Land, with good Dwelling House and usual ow ee Orange mow le orchard, anda brook suitable for ornan 'L. D. TOMPKINS. Auctionee VENTRAL PARK LOT FOR SALE—IN THE CENTRE ‘of Mock og the Bignth aver eiween Bighty fourth aad Bejty sith sureets. Ste 25f.'644in x160. Apply to J ©. RADLEY, corner Bowery and Fifth sueet. T FOR SALE—AT DARIEN, NBAR forming a point lend of othe warers of the , witie Tie improvements a Z00.1 onVEMeN Cea, COACH house, far. 1 wore rnatic Apply tod HOw. | BAD room No, 16, from bioth MY tures; location pei why PROVOST, PBL Mo ot eae Greenpoint ~ teed . RR SALE~AT W. HAND- aS CORES PRPS 2 Bne some House, with four ot Stocked with frait, vines, &:; water, modern con veniences. Possession can fa tis very eon. tral, attractive, and will be sold at & 5 Apply, for directions at No, 9 Barclay street or to A. B. MILLS, id5ti street and Teath avenue. OR SALE— ROOKLYN, 2 2% STORY FRAME Fons tes boi te case rnes ordor*74and. 16 Midangh Street; price $3, Su); two-thirds can remain at 6 Ber cent; ihege mutes war re of D. 8. QUIMBY, No. 4 Henry FIVE STORY BRICK HOUSE, WITH —THE OF SAL Fiat cvonue, 246x0% ot i) Bow rented for $80; price $7 00 { ob Seventidth atrect, be Terns easy. Ap- tween Third and Fourth aven to R, BROWNE, 721 Thira = oF WITH THE BRICK BUILD F% SALE Ll Me Tr arreen areas ings thereon . 113 Spring street. and Greene; lot 25x10; @ part er the whole o the money gan remaya on bond and morigae, Apply on the premises, of Land, in the village of bewutiful Country Seat and \OR SALE—A LARGE HOUSE, 8) i tro mies from ip South Brooklyn, $7,600; Lo: sh avenie an! Kighty-thied street; \F touses on Third avenue and 105th wreck: aise for exchange 120 Lote im Brookl:n. 66 agree of Land in Wisconsin. and Farms in New Jersey. Appiy to WALSTEIN 70 Cedar street. room 16. JOR BALK—VALUABLE PROPERTY, WORTH $20.00, paying @ IArge per cent; Would like A nice Residence in New York. Brooklyn of (heir suburbs tome cash; balance om mortgage. street, up stairs. iO SALE—A FIRST “GLASS HOUSE AND LOT, three stories high, five marhie mantels, gaa, de: jot 25 ui. 10), fourteen rooms, 108 feet from Thied Avenue, in Milde dle street, South Brooklyn Will be oven fo, sale Wil 18tn of April, Inquire on the premises of P, STOUT. BT OR. SALE—AaT, A BARGAIN, IN WILL] AMSBURG. & two story attic and basement frame Dwelling, with two story Burlding in rear Log of Cgvand on Bout ‘Rireet, near Bighth street e isin order, am, water, heater, eewer, rice $00, Apply W. REESE Y, A South Seventh street a SALP—A SEW TWO SvORY, HIGH Veipbia brick petate Dwe jibg un F pad retond aroune, 25 40xh 0 3; Rt street ¥ WAS iesaat, © Pine wtreek, basement,