The New York Herald Newspaper, December 3, 1875, Page 11

THE COURTS. _—— The Bleecker Street Railroad Foreclosure, Interesting Decisions by the Supreme Court, General Term. Rapid Transit—Appointment of Commissioners. George K. Sistare, a bolder of first mortgage bonds of the Bleecker Street and Fulton Ferry Railroad Com- pany, has, through bis attorneys, Messrs, Sullivan, Kobbé and Fowler, commenced s suit to foreclose the first mortgage om the road, A motion was to have been heard in Supreme Court, Chambers, yesterday, for the appointment of a receiver of the road, bat ar, gument was deferred until Wednesday next. Mr. Sis- tare, in his complaint, after alleging the char- ‘ering and organization of the company, proceeds to state that on the 2d day of January, 1865, the company executed the mortgage now sougnt to be foreclosed to Benedict Lewis, Jr., covering all the fran- chises, privileges, benefits and rights connected with the road and belonging to the company, including the railroad constructed, cars, horses and all appurtenances and other property owned or acquired by the company; that said mortgage was executed to secure the payment of bonds of the company to the amount of $700,000, to be issued from time to time as the exigencies of the company might require, such bonds being payable on the 1st of January, 1880, with interest atthe rate of seven per cent per annum, payable semi-annually on the first days of January and July of each year; that in case of default in the payment of interest as provided the es- tate of the mortgagees then became absolute; that the company made default in the payment of interest upon said bonds on the let day of July, 1876, and is still in default in respect to the same; that plant ts the owner and holder of such bonds, with the coupons tached, and that payment has been duly Mmanded of the said company by the pi Bentation of the-coupons duc July 1, 1875, at- tached to the said bonds, all of which was re! and none of the interest on any of the said se ol Donds has been paid, but, on the contrary, the com- pany bas made default therein; that the next instal- ment of interest will become due on the lst day of January, 1876, und the company will make default in the payment of the same; that there is now outstanding of buch bonds about 700, of the vaiue of $1,000 each, and default bas been made in the interest duc on them all. Dn the 15th of April, 1873, the company executed a second mortgage to Francis A, Palmer, covering all the property and rights included in the first mortgage, to secure the payment of & second series of bonds to be Issued, and covering property to be thereafter acquired ; that "but very few of such bonds were issued, and the remaimder thereof have been de- posited in bank under some arrangement or un- flerstanding unknown to the first mortgage bondholders; that such second mortgage was made sub- Sequent to that now sought to be loreclosed, and the mortgagee bad full knowledge at the time of the execu- tion of the second mortgage of the existence of the first; thatthe company isin debt for the rent of premises leased irom the city for stables, &€., is in- debted for unpaid taxes to the year 1874, inclusive, In the sum of $2,200, and of $598 47, with interest thereon tothe 1st day of February, 1875, amounting to $4,104.97, and interest thereon ‘to the lat day of August, 1875, amounting to $1,356, and assessments to the amount of $2,331 33, and’with interest thereon to August 1, 1875, amounting in the uggregate to the sum of $81,256 22, and likewise to various parties in the sum of about $40,000, for wages due to its empl and for various other existing legitimate debts, ull of which amounts in the aggregate to $125,422 84; that default has been made in the pay- ment of the foreguing indebtedness, has been made in the payment of interest already due, and, Judging from the facts, will be nade in the payment of interest pext falling due. The complaint further alleges that, on the death of Mr. Lewis, the trustee, John M, Har lowe was appointed his successor, but ‘the latter neg- lected to perform his duty in respect to the trust, in not demanding and securing additional conveyance for the further assurance and protection of the cestuis que frust, and by reason thereof vexatious questions have arisen in regard to the operation of the said first mortgage, and it has been given out by Jacob Sharpe that this lirst mortgage is not a first lien om the prop- erty acquired by the company since the 2d of January A. D. 1865; that in August, 1875, Hariowe commenced a suit for the foreclosure of this — first mortgage in which he seeks to have himself ap- pointed receiver; that the original appointment ot Harlowe, as trustee was irregular, and he js there- fore without authority to bring such action; that the foreclosure so commenced by Harlowe has’ been in- definitely postponed to the prejudice of plaintiff and others similarly situated; that it was also provided in the event of default in the payment of taxes or assess- ments hy the company the trustee might enter into ossession of the property, and such default having n made, the estate of the trustee representing the bondholders, has now become absolute at taw; tbat the appointment of a receiver pending this action capable of managing the road will be for the advantage of all the parties interested; that the bonds are rapidly de- preciating 1m value,’ and he believes, unless this mortgage is speedily foreclosed the property tnd franchises will speedily depreciate in value; What the road {s entirely controlied and subverted by a faction of its managers, who manage it rather in the interest of a railway combination in which the profit results to such managers through other compa- nies rather than through the defendants’ company, as plaintiff will on the trial Lereafter more precisely Prove; that under the present management of the said company large sums have been wrongfully and un- lawfully expended in legislation—to wit, as plainti is informed and believes and charges to be trae, about $50,000-—and plaintiff charges that the management of said company has been wasteful, prodigal and extrava- gant in the extreme, a8 must appear upon an Accounting; that Harlowe, on failure to have bim- self appointed receiver, withdrew his motion tor a re- ceivership, and the result is thatthe managers of the road still continue to control and subvert its affairs. The complaint concludes by demanding the removal ot Harlowe as trustee of the first mortgage; the appoint- ment of # receiver; that Harlowe be enjoined from prosecuting his action of foreclosure; that an account be taken of the outstanding obligations of the com- pany; that the reiative rights of the bondholders and owners of common stock be adjusted by the Court and that such other or turther relief as to the Court may seem just shall be granted to plaintiff. THE COMPTROLLER AS A LESSEE. The case of The Peopie ex. rel. the New York Di peusary, respondent, vs, Andrew H. Green, Comptroller, appellant, and in the case of The People ex. rel. Mary A. Schanck, executrix, respondent, against the same ‘ppellant, on which appeals were mado from orders sranting writs of peremptory mandamus, In the first mentioned caso the Court at special term sustained tho temurror of the relator to the return of the Comptrol- rand ordered judgment thereon in favor of the re- tor, In the second the Court quashed the return of the Comptroller as immaterial and irrelevant and or- dered a pereinptory writ of mandamus, Both the cases presented substantially the same question. The point was made on behalf of the Comptroller that the duty of executing leases ordered by the Common Council did not appertain to his office, and that be pould not be compelled by ‘mandamus to execute such leases, botwithetanding the Common Council by resolution had requested and authorized kim bo to do, Judge Davis, who rendered the decision, ‘al Term, thought that this question did @ been considered by the Court below, and only indirectly to have been prosented in one case’ but it was one which must be considered by the Gen. tral Term, becaase, in determining whether the writ of mandamus shall be issued by the Court against a public officer, it was primarily important that it should appear that ‘the duty and the power to perform it bo- jong to his office and were incumbent ou bim as such officer, ‘The powers and duties of the Comptroller were defined by article 5 of the charter, and were to be lound in sections 29 to 35, both iuclusive. A diligent search of these sections failed to disclose any provision or language which imposed upon the Comptroller the duty w execute these leases when directed to do so by the Common Council. The duty was imposed upon the Clerk of the Common Council of signing all leases, and it was apparent that the Comptroller If be executed the leases in question could not make a perfect instrument under the law, because by statue the signature of the clerk and tne corporate seal, which was by law in his custody; mast still be affixed to the instrument, All the embarrassments in the ci sappear in view of the power given to tho clerk to sign all leases, and the authority which the Cominon Couneli possesses over him and over the seal in his custody to direct its use as detignating that officer as the more proper one for the execution of leases di- rected by that body, The Court felt constrained to hold that under the charter of 1873 1t waa bot a part of the duty of the Comptrolter to execute leasos on be- halt of the city; that the Commen Council could not impose that duty as « compulsory one. The more proper officers arc, the Court held, the President of the Council and its clerk, and particularly the latter, when- ever the resolution of the Council should direct hitn to execute the instrament. The order of the Court below nes therefore be reversed and the write 6! mandamus enie RAPID ‘TRANSIT. Judges Davis, Brady and Daniels, holding Supreme Court, General Term, gave a very iinportant order yes terday, in which Commissioners aro appointed to determine whether the New York Elevated Raiiroad, via Third avenue, should be constructed, In their order the Court appoint Oliver H. Palmer, Jona '. Agnew and £. % Lawrence, Commissioners to deter- mine, pursuant to chapter 600, Laws 1875, whether the fulway mentioned ic the petition of the promoters operated b; id company over the streets and avenues specified, and designated September 2 last by the Commissioners appointed pur- suunt to a section of sald act, chapter 606, Laws 1575. And it is further ordered, the Court says, that said Commissioners do forthwith, after receiving notice of this order, appoint in writing @ place within the city of New York, and a time, not less than eight nor more than twelve da! thereafter, when they will hear “ought to be constructed all ties interested in the matter. And it further ordered that notice of the 4 place = of = such __ hearing me be given by publication of such appointinent in at least six daily newspapers, published in said city, seven made their determi- nation upon the matter hereby referred to them they report the same to the Court; and that the petitioners, by their attorney or counsel, present the said report to the General Term of this court for confirmation, upon apy day when the same shall be in session, first giving notice of such intended presentment and’ application by publishing tho same four times in tho daily papers ve named, and to serve at least eight days’ notice on all attorneys, who shall give in written notice of appearance to James Emott, Esq. And it is further or- dered that th penses and disbursements of said Commissioners, together with a suitable allowance for their services, be adjusted and allowed by one of tne Justices of this court and be paid by said petitioners.’ DECISIONS. SUPREME COURT—CHAMBERS. By Judge Donohue. Josephine Smith vs. William J. Smith.—Judgment of divorce grauted to plaintiff Loe! vs, Williams; matter of Stewart; matter of cht vs, Sut; Rusk vs. Sautler; Whitman Bellmer, &., ‘vs Seldhusen; Amerman vs, va. Scranton (No. 4).—Granted. Denied, Solomon vs. Buddensiek and Green vs. Lemart.— Motions granted. Farwell vs. Soule.—Motion granted. Memorandum. Cobell vs. New York Co-operative Cigar Manulac- turing Company.—Bond approved, Nathan vs. Waitzfelder.—Security in $500, &c. Sharkai vs’ Hemkel —Custody of iufants awarded to the mother, Matter of Shearer.—Same difficulty as stated. Miller ve. Miller.—Granted, See order for stay. Mater of Church of St. Joseph, of Yorkville. —Au- thority to the parties to apply should be under seal. Dillont va. Cavanagh.—Motion granted on payment of costs, di dant to either give security for debt or allow levy to stand. A bead vs. Clark.—The $100 collected should be de- jucted, uot of Post.—Must be referred. Who is the at- mney ? Freligh va. Board of Police. —Motion denied, Memo- randum. Weeks vs. Lawrey.—Order to stand as 1t is. SUPREME COUBT—GENERAL TERM. By Judges Davis, Brady and Daniels. Colton et al, &c., vs Fox und another, &c.—Jadg- ment reversed, and ordered to be entered in accordance with opinion; costs to the several parties to be paid by 8 out of the fund, Opinion by Judge Davis, Judge Brady dissenting, Dudley vs, Gould.—Order reversed, with costa Opinion by Judge Brady. Knight vs. Cannington ct al.—Judgment reversed, new trial ordered; costs to abide event. Opinion by Judge Brady. National Bank of Fairhaven vs. The Phonix Ware- house Company.—Judgment reversed; new trial granted, costs to abide event. Opinion by Judge Davis. Embury vs. Sheldon et al—Order affirmed, with costs. Opinion by Judgo Brady. Brown vs. Cromien and another.—Order affirmed, without costs to either party. Opinion by Judge Davis Melcher et al, & isk, &c.—Judgment mod- ified by deducting the allowance and costs taxed less the disbursements and fees of witnesses und fees of the referce, and affirmed for tne balance without costs to either party.—Order to be settled on motion by Judge Brady. Opinion by Judge Brady. Jobnson il, vs. The First National Bank of Hobo- ken.—Judgment affirmed, hy org by Judge Daniels. Samueis vs. The Evening Mail Associution.—Judg- ment reversed ; new trial granted; costs to abide event. Opinion by Jadge Davis. Swift vs. Prouty.—Order reversed, with costs. Opin- fon by Judge Brady. ‘Tusk v6. O'Brien, &c.—Judgment affirmed. Opinion by Judge Davis. Parvtt vs. Col Judge Davis, ‘Tallcott vs, Moore.—Order appealed from reversed and order to be entered vacating the injunction, with- out costs, on this appeal or on motion made beiore Special Term. Opinion by Judge Daniels. Phelan vs, Collender.—Order affirmed, with $10 costs and disbursements, Opinion by Judge Davis. Schultz vs. Crane et al.—Judgment aflirmed, with costs. Ovinion by Judge Brady. Martin, &c., vs. Hicks. —Order denying motion to set aside iuquest and vacate judgment affirmed, with $10 costs and disbursements. Opinion by Judge Davis. Fisher et al. vs. The Mayor, &c.—Judgmont affirmed, Opinion by Judge Dat ‘New York Dyeing and Printing Establishment va. Beedell.—Judgment reversed; new trial ordered; costs toabide event. Opinion by Judge Daniels. Kid and another vs, New York and Harlem Railroad Company.—Judgment reversed, with costs, and judg- ment ordered for the demurrant, with costs Opinion by Judge Davis. Blau vs, Benedict,—Judgment affirmed, with costs. Opinion by Jadge Brady. a bp & da vs. Prouty.—Judgment affirmed. Opinion y iby.—Judgment affirmed. Opinion by judge Daniels. Green vs. The Niagara Fire Insurance Company; Green vs, Hanover Fire Insurance Company; Gr vs. Germania Fire Insurance Company and Green vs. Republic Fire Insurance Company.—Judgments re- versed; new trial ordered; costs to abide event Opinion by Judge Daniels, Powers and another vs. Gross.—Order affirmed, with $10 come and disbursements, Opinion by Judge avis, Dickee vs, The Mayor, &c.—Judgment affirmed, with costs. Opinion by Jadge Brady. Knoib vs. The People, &«—Judgment reversed. Opinion by Judge Brady. Winthrop et al., &c., va McKim, &e. —Judgment ro- versed and judgment ordered to be entered in accord- ance with opinion, Opinion by Judge Davis. ‘The People, &c,ex rel. Meyer vs. Asten et al, &c,, and Heiser vs. Asten et al., &c.—Order reversed, with $10 costs and disbursements; writs directed to be issued requiring the Board of Assessors to hear and determine the claims mad nd to make and file awards in case the damages claimed or any part thereof appear to have been occasioned by the im- provement, Opinion by Judge Daniels, Judge Davis taking no part in the decision, Ross vs. Ross et al, &c.—Surrogate’s decree affirmed, with costs to the respondents, the executors. Opinion by Judge Breay. Dennis vs. Charlick, &c.—Judgment affirmed. Opin- fon by Judge Davi Martin vs. Lowenstein and another.—Order reversed, with $10 costs, besides disbursements, Opinion by Judge Davis, Day vs. The Mayor, &¢—Judgment aflirmed Opin- jon by Judge Brad: Matter of Legendie vs. The Mayor, &¢,.—Order affirmed, with $10 costs and disbursementa Opinion by Judge Daniels. Peterson vs, Beebe—Order affirmed, Optnion per curiam, Hamilton va, The Peopla —Judgment affirmed (Brady, J., dissenting). Opinion by Judges Davis and Brady. Goettman vs. The beac gal &c.—Judgment aflirmed. Opmion by Judges Daniels and Brady, Judge Davis con- ith costa, curring with Judge Daniels. Sutton va, Davis, &¢.—Order affirmed, with $10 costs and disbursements Opinion by Judge Daniels. Bank vs. O'B: Chatham National reversed and new trit Opinion by Judges Davis and Brady. Dambmann vs. Schulting.—Motion to dismiss appeal granted, but without costs. Opinion Ls Judge Davis. Prouty vs, The Lake Shore and Michigan Southern Ratiroad Company et ai.—Order affirmed, with $10 costs, besides disbursements. Opinion by Jadge Davia Rogers vs. Gould. —Judgment aflirmed. Optnion by Judge Davis. Robinson et al. vs. Norris —Judgment affirmed, with welt, &e., et al.—Judgment costs, Opinion by Judge Davis. Roosevelt et al. va. Kor modified by striking out or neglecting provisious which inwrfere with or control the discretion vested in the trustees by the power to make advances, and also such as declare that the advances may be continued until the trust estate in the relator's personal property tuay be wholly exhausted and affirmed, us moditied, witl costs to all parties, to be paid out of the estate. Opin- ton by Judge Daniels; order to be settled by Judge Daniels. Trubee vs. Aldero.—Order modified so that the at- tachment be made to include such an amount only as will be equal to the difference betwoen the amount of the bond given in Connecticut, in which case order to be affirmed. Opinions by Judges Davis and Brady; Judge Brady dissenung. The People ex rei. Tho Female Acadomy of the red Heart vs. The Commissioners of Taxes,—De- cision reversed and order vo be entered directing the Commissioners to exclude the real estate affected by these proceedings from the assessment list, but with- ko Opinions by Judges Davis, Daniela and rad y. Krait, &e., vs. The People, &e.—Conviction afirmed. Opinion by Judge Westbrook. Howell vs. Van Sicien et al.—Judgment reversed, new trial ordered, costa to abide event, Judge Davia dissenting. Opinions by Judges Daniels, Brady and Davis. By Ju es Davis, Daniels and Lawrence. Miller vs. The Board of Police.—Juagment affirmed, but without costs, Judge Lawrence dissenting. Opin- jons by Judges Davis and Lawrence. ‘The Poople ex, rel. New York Dispensary vs. Green, &e., and The People ex rei, Schanck, &¢., vs. The Mayor, &c.—Orders reversod gnd writs of mandamus denied, | Opinion by Judge Dave, Dannat et ul vs. The Mayor, &. —Judgm With costs, Opinion by Judge Brady, By Judges Brady and Daniels, ner vs. Hamil et al.—Order affirmed, with costs, Opinion per curiam. Lewis aad ocuens Dovie and Daniela wi and avother ys. or, ke. afiirmed. Opinion by Judge Davias” ~~ eee Ssterwer and another vs. Purdy and another,— Judgment reversed; new trial ordered, with costs to detendants appealing to abide event. Opinion by Judge avis. Grocers’ Bank of Now York vs, O’Rorke.—Order re- vorsed, with $10 costs, besides disbursement d motion denied. Opinion’ by Judge Davis. Donovan vs. Hutchings, &e,—Order affirmed, with costs. Opinion by Judge Davis, Donovan vs. Conner, &¢.—Order aMrmed, with costs to be adjusted, Opinion by Judge Davis, Kelly ¥s Matham et al.—Order modified so as to allow motion to be renewed om other papers on pay- ment of costs ailirmed as modified, without costs to either party on this appeal, Opinion by Judge Davis, affirmed, Sa NEW YORK HERALD; FRIDAY, DECEMBER 3, 1875 Martin, &e. Opinion by Judge Davis. Hicks vs. Martin, &c. and Martin, &e. ve. Hicks. — Orders aitirmed, with $10 costs and disbursements. Opinion by Judge Davis. Dunean'et al. vs. Katen..—Order affirmed, with $10 costs and disbursements. Opinion by Judge Davis. MeSytter vs. Green et al. and Asten et al.; Tone vs. Same ; Yelverton vs. Same, and Davis vs. Samo, —Orders to be settled before the presiding Justice on threo days’ hotice. Opinion by Judyo Davis, lowland va. Taylor,—Order to be modified as sug- | ra in opinion. Order to be settled by Mr. Justice rady. Opinion by Judge Brady. Matter of Gardiner, &c.—Order affirmed, with $10 costs upd disbursements, Opinion by Judge Davis. Wolfstein, &c., vs. The People, &c.—Conviction affirmed, Opinion by Judge Westbrook. Godirey vs. Moser,—Mouion to amend order granted on condition that defenaant stipulates tbat at the elec- tion of plaintif’ the appeal taken to the Court of Appeals may be discontinued without costs, and that the stipulation given by the appellant be withdrawn, and in case of discontinuance of the appeal that de- fendant will pay the covts of printing the case on appeal; if defendant fails to if, e such stipulation within ten days the motion will then be denied, with costs, SUPREME COURT—SPECIAL TERM. By Judge Van Vorst. Powers vs. Smith,—Judgment for plaintiff. Opinion. Clark vs, Coles et al.—Judgiment for defendants on demurrer, Opinion. Williams vs, Abbot.—Judgment for defendant. SUPERIOR COURT—SPECIAL TERM, By Judge Curtis. Magnan I. vs. Dinsmore, &c.-—Proposed case and amendments settled, By Judge Speir. Porter vs. McGrath.—Proposed case and amendments seltied. COMMON PLEAS—SPECIAL TEEM. By Judge Larremore. Matter of Stevenson.—Report of referee confirmed and distribution ordered. Boyd vs. Boyd; Wright va. Wright; Wright vs. Un- gut; Owens vs. Wright; Now York Life Insurance Com- pany vs. Hall et.al.—Application granted and reierence ordered. Gortendorf vs. Gortendorf et Reference ordered. By Judge Robinson, Lanigan vs. The Mavor, &c.—New trial granted, un- leas plaintiff accept offer in answers and to reduction of verdict accordingly, Opinion, ordered to be settled. SUMMARY OF LAW CASES. ‘The turther hearing of testimony in the Barmore will case was continued yesterday. The principal wit- 8 was Surgeon William Van Buren, who attended " she testator 1n consultation with his physicians during several months preceding his decease. His testimony was to the effect that the testator was not suffering from any disease that could affect his mind, and that Mr. Barmore was mentally capable of executing the instrument offered in his last will. In the Supreme Court, General Term, yesterday, Judge Brady rendered the opinion in the case of John Knieb, convicted and fined $100 in Special Sessions for selling adulterated milk, The Court says that under the act of 1864 it should be proved that defendant knew of the adulteration, that the evidence was insuflicient, and the judgment should be reversed. Police Sergeant Augustus Miller was dismissed by the Police Commissioners for being found in a drinking saloon with his bat and coat off. He first admitted and then denied the charge. The Board dismissed him, and he appealed to be reinstated, The Board’s counsel made answer that the Court could not review on certiorari the Police Commissioners’ proceedings, and the Su- preme Court, General Term, through Judge Davis, yes- terday gave Judgment to that effect and dismissed the writ of certiorari, Judge Lawrence gave a dissenting opinion, In the case of Samuel Samuels, who sued the Evening Mail for libel, in which the jury rendered a verdict for the plaintiff in the sum of $2,500, the General Term yesterday reversed that decision, on the ground that the Court excluded proof that’ the newspaper m tioned immediately made a retraction, and that the plaintiff’ himself had admitted that no injury had been done to him. A new trial was ordered, costs to abide the event, In the United States District Court, before Judge Blatchford, yesterday, the suit of the United States to recover penalties for alleged undervaluations of im- ports was continued. Mr. Read, managing director of the York Street Flax Spinning Company, of Belfast, Ireland, was cross-examined at great length in relation to invoice prices of goods sent to the New York branch house, as compared with actual market prices of simi- Jar goods sold at Belfast and Manchester at dates corre- sponding with those marked on the said invoices, The case will be continued to-day. Mrs, Sarah Brown last July obtained an injunction restraining Daniel R. Lyddy dnd Joseph Cromien from prosecuting a proceeding against her for forcible entry and detainer of the house No. 67 Mopreo street, com- menced betore Justice Ackert, of the Seventh District Court, until she was paid the value of the house. From the order granting the injunction the defendants have appealed. On the argument Mrs Brown’s counsel raised the point that the district courts bave no juris- diction of proceedings for forcible entry and detainer, ‘The General Term yesterday rendered its decision, hold- ing that the District Court act gives no power to the Jus- tices to entertain such proceedin; ‘The injunction contipued, ‘The suit of the People ex rel. the Female Academy of the Sacred Heart, was recently before the General Term of the Supreme Court, on certiorari by the Academy, {rom the decision of ‘the Tax Commissioners. The latter exempted seven acres of the fifty which the Academy owns, from taxation, and of which five acres are covered by the buildings, seven acres by a vegetable garden to supply the inmates, and the rest being held for recreation ground for the 850 inmates, The ques- tion turned upon a phrase of the law exempting educa- tional institutions from taxation ; and the Comtnission- ers held that it simply exempts the grounds on which the buildings are placed, and 4 reasonable court yard, in view of what city court yards are, The defend- ants cited the Union, Cornell and other colleges, which hold tracts far larger than ‘they do, as proof that the intention of the State was to exempt all land which was directly and properiy used for educational purposes. Judge Damiels, giving the opinion of the General Term, coincides with the relators (tbe Academy), and holds that the phrase ‘Jots”’ does not mean city lots only more than country lots, and that it means property used for educational institution purpose solely — He concludes that, as it appears that all this land is used solely for educational purposes, they are entitled to have the whole of it exempted, Judge Davis indorses the foregoing opin- fon, and says the discretion of the Commissioners, if any, should have been exercised in favor of education and exercise combined. Judge Brady, sittin, decision in the case o! 8. Taylor, which was unanimous! decision was as to the best course to be adopted by which tne client's interests should not be jeopardized on the one hand or the attorney's lien on the other, Mr. Andrews had been advancing money to his client as he averred and as seemed to be admitted to enable her to pay the expense of her houschold,’and he conceded that she had not succeeded in obtaining security in matters in which it was of great importance and that she had suffered in consequence. This justified the Court in believing that she could not furnish security for his claim, and also tn as- suming that he was acting for her under the conviction that bis compensation must be derived from the in- terest she had in the chief subject matter of the con- troversies, Under all the circumstances she should be required Lo execute an assignment of a part of her in- terest as collateral security for any sum that might be found due to Mr. Andrews, and an order of reference be entered to ascertain the amount of his claims against her. In this way the fund which was to de the source of his compensation would be applied to the payment of his demands, and in this way his lien would be pro- tected. The previous order was accordingly modified as suggested. TOMBS POLICE COURT. Before Judge Flammer, CHARGE AND COUNTER CHARGE. Several days ago Kaufman Simon, of No. 265 Broad, way, caused the arrest of Judson G. Worth, on « charge of embezzling certain notes of the value of over $200. Worth was taken to the Tombs Police Court and gave bail to answer. On Wednesday last he ob, tained from Judge Flainmer « warrant for the arrest of Simon on charge of having appropriated private account books, ledgers, &c,. without which, Worth alleges, in the case of Simon against himself he would be unable to establish auy defence. The warrant also charged Simon with the larceny of $2,500 worth of cigars. An oilicer of the Tombs equad, arined with the aforesaid warrant, yesterday visited te office of Simoa and obtained possession of the books referred to. He iso called ut and searched the premises » treet and found the cigars, Simon 6 rested and bail to answer, owned a place at No, 183 Duane street, DRAW POKER On the 27th of November James Pierce, of Buffalo, patronized a game of draw poker kept by Lyman A. Builard at No, 13 South stroct and Jost, in small sums, $13. Believing be had been cheated, he made com- plaint to Captain Petty, of the First precinct, who di- rected Detective Kierns to arrest Bullard, The prisoner was yesterday taken before Judgo Vlammer and held wo answer, OBSCENE PICTURES, Goorge H. Weeks, of No, 120 Third avenue, a photo- grapher, was yesterday held 1 $1,000 to answer on a charge of manufacturing obscene pictures. William Reagan, of No, 13 Park row, was held for ex- amination on a charge of selling obscene picture A TOUCHING INCIDENT. Two little orphan boys, brothers, named respectively Patrick and Peter Handley, were accused of attempe- ing to pick pockets in Chatham street They ar 8. boys, the eler ten and the younger eight years old, ‘Tho former was held and tho Iatter discharged As the brothers were about to be parted they embraced euch other, and bursting into tears cried aloud as if their hoarts would break, Judge Flammer and all in court were visibly affected by th touching scene, “We were never parted before, the elder brother said, sobbing, “since as the officer was about taking him down stairs, Patrick said, with a tone of real tenderness, ‘Hore bubby ? (and jhe took of his & 2 ' Hicks.—Appeal dismissed, with costa 18, overcoat), “you will want this, for it’s cold outside.” The little fellows separated, and little Petie left the court room for the wide, wide world ali alone, WASHINGTON PLACE POLICE COURT. Before Judge Kilbreth. BURGLARY IN HUDSON STREET. On Tuesday evening the store of Julius Wilyinski, No, 423 Hudson street, was burglariously entered and clothing valued at $307 stolen from it On Wednesaay Officer Bevendye, of the Sixteenth precinct, saw Jobu Burns, of No, 413 West Seventeenth street, enter the pawnshop at No. 194 Bighth avenue, and place an overcoat in pawn. He arrested Burns on suspicion of pawning stolen goods, and later the overcoat was identitied by Mr, Wilyinski us part of the property stolen from his store. Before Judge Kilbreth yesterday Barns said he obtained the coat from a man named Clark, with whom he had worked on the public works, and who bad requested him to pawn it, Burns was held im $2,000 tor trial. WHY DID SHE NOT RETURN? Sophia Jackson, of No. 119 Sixth’ street, was held in $1,000 for trial for stealing $50 from William McKin- ley, of the Windsor Hotel. McKinley met Sophia, on Monday evening, at @ dance house in Sixth avenue and accompanied her to a house in West Twenty-aixth strect. On Tuesday morning be gave her a $50 vill to get changed, She left the house, but failed to re- Miss Juckson claimed that the $50 was given to She was ily by McKinley for drinks, &c. committed in default of $1,000 bari. POLICE COURT NOTES. At the Essex Market Police Court Officer Creamer, of the Tenth precinct, charged Francis Steinle, of No. Christio street, with keeping a policy aud lottery shop. Steinle was held in $1,000 to answer. James Connolly, of No, 410 East Twentieth street, was held for trial at the Fifty-seventh street court, on a charge of embezzlement. He converted to his own use $50, given him by Mrs. Doty, of No, 63 Irving place, to pay a bill. John Miller was held for examination, at the Fifty- seventh street police court yesterday, for having in his possession pawn tickets representing a quantity of stolen property, consisting, in part, of two silk dresses, one of which is supposed to belong to au actress, COURT CALENDARS—THIS DAY. Suraxax Courr—Cuamners—Held by Judge Dono- s. 72, 76, 113, 115, 119, 223, 257, 258, 272, 280, 85. Judge Surweu: Courr—Crrourr Westbrook.—Short causes—! 3254, 3712, 2800, 3812, 3748, B54, $364, 3755, : Surremk Court—Gxyerat, Terw,—Adjourned until Decemtfer 30. All other courts have adjourngd for the term. COURT OF APPEALS. Aumany, Dec, 2, 1876. No. 30, Norman Cox, Executor, &c., appellant, ve, Tho New York Central and Hudson River Railroad Company, respondents,—Argued by RK, A. Stanton, of counsel for appellants, and by Isaac S Newton for respondents, No, 5933. The Excelsior Petroleum Company, appel- lant, va. Maggie B. Lacy, respondent—Argued by W. H. Dickenson, of counsel for appellant, and by Jon E. Parsons tor respondent, No. 67. Soth B. Stitt et al., appellants, vs, William H. Little et al., respondents.—Argued by Sterne Chitten- den, of counsel for appellants, and by Joshua M. Van Cott for respondents. Case still on. Adjourned, CALKEDAR. The following is the day calendar for Friday, Decem- ber 3, 1875:—Nos. 69, 69, 70, 72, 73, 81, 83, 85. NEW JERSEY COURTS. THE HUDSON RIVER TUNNEL CASE-—THE KAU¥F- MAN AND HAUCH BANKRUPTCY CASE, Trentox, N, J., Dec, 2, 1875. The Court of Errors and Appeals has closed its labors for the term, and after a conference, which Jasted all of this forenoon, adjourned to Monday next, when opinions will be delivered on all of the cases arguod. The Hudson River Tunnel case was post- poned until next term, which will be convened on the second Tuesday in March, 1876, 1m consequence of the inability of Attorney General Vanatta to be present on behalf of the appellants—the Delaware and Lacka- wanna Railroad Company. Mr. Vanatta is still suife ing from severe indisposition at his home in Mor: town, und the latest reports from him say that some weok’ will elapse before he is able to resume his pro- fessional duties. ‘THE PROPERTY OP THE TUNNEL COMPANY still remains oa the grounds of the railroad company, and in order to prevent the latter from disturbing it Mr. White, junior counsel for the tunnel company, suggested that the Court should make some order to rotect it until the case was decided. The Court told r. White to hold an interview with Mr. Vanatta in reference to the matter; and on Monday next, if the result of the interview should be made known by that time, the necessary legal action would be taken, and an ofder issued in accordance with the facts im the Case, Part 2—Held . 2488, 3450, 3312, , 8, 3642, 8032, 3774, 3326, BANKRUPTCY CAs. In the United States District Court, to-day, before Judge Nixon, a motion was made for a new trial in the case of Elias N, Miller, assigneee of Kaufman & Hauch, bankrupts, vs. David Jones, on the ground that the verdict rendered by the Jury for $28,075 was excessive. The bankrupts were at one time extensive brewers in East Newark, Essex county. Messrs. McCar- terand Whitehead argued in support ofthe motion, and it was resisted by Messrs Keasley and Borcherling. The original action was based on alleged trover and conversion brought by the assignee against Mr. Jones. The motion was supported by certain dis- closures made by some of the jurymen relative to the manner in which they arrived at'the verdict, Mr. Keasley, in arguing against it, said that if the Court went beyond the real {ucts in the case it would invade the jury room and destroy the SANCTITY OF THE VERDICT, It would be an attempt to carry back the Court into the jury room. The nony taken out of the jury room when the case was over should be stricken out, as it was dangerous to the last degree. The testimony of jurors who sat in the case could not be received. The juestion is, 1s the verdict consistent with the cause ? in vigorous language Mr. Keasiey defonded the sanctity ofthe jury room, which, he said, should not be sub- jected to any outside influence whatever, The Court reserved decision UNITED STATES SUPREME COURT. Wastinoron, Dee. 2, 1875. In the United States Supreme Court yesterday tho following cases were argued :— ‘No. 59 McMurray ys. Brown—Appeal from the Supreme Court of the District of Columbia —This is a suit brought by the appellee to enforce a lien for mate- rials furnished for the erection of certain houses in Washington, the property of the appellant, alleged to have been delivered in pursuance of a verbal agreement made with her husband as her agent, The defence was that Brown had furnished the material to che Perkins, the builder of the houses, under a contract with the appellant, and who was, by the contract, to have one of them for building the other. It is, therefore, con- tended that Brown was not ina position to fle a me chanic’s lten at the date of the delivery of the materials and could not afterward, and as his contract was a special one to take a house and lot Instead of money for verials he had no claim toa lien in any case, It of the case was a judgment for the appellee and an appeal to this Court, where it is contended that all the property not being the appellant's at the date of the delivery of the lumber, there was no lien and that the special contract also works a failure of the lien, James E, Edwards for appellant; E. L. Stanton for ap- lee, P*No. 60. Kennard vs, State of Lonisiana ex rol. Mor- gan—Error to the Supremo Court of Louisiana,—Mor- an aud Kennard were contestants for the office of ustice of the Supreme Court of the State, Morgan brought quo warranto, and the State court decided the case in his favor under the ‘act to regulate proceed ings in controversies between persons claiming a ju- dicial office,” paswed, as alleged by Kennard, by the Pinchback faction, then in power, nine days after the appointment of Morgan, by Pinchback as acting Gover- nor, and, to meet the emergency of the occasion. The writ of error insists that the statute is a summary one aud has deprived Kennard of office without due process of law contrary to the fourteenth amendment, as ttdenied him the right of trial by jury. It is also insisted that the statute is void, because retroactive in its operation. The defendant in error contends that the proceeding in quo warranto was duo process of law; that there is no vested right in the case to tral by jury, and that the act doos not deprive Kennard of any defence which existed when it was passed. T. 3, Semimes, Robert Mott and N. P. Chipman for plainud in error; Durant and Horner for defendant, No, 231. Home Insurance Company, of New York, vs. Davis & Stronach—Error to the Supreme Court of Michigan. This was a suit by the defendants in error to recover upon a policy of ‘Insurance, The question was upon the right of removal to the federal cours The State court refused the company’s application and it fe bere contended that the judgment is justified, de> cause the petition was not sufficiently shown to be that of the corporation, in not being attested by its corporate soul, and because the bond tendered never had been approved as “good and sufficient” by the court. Lt ts hore argued that neither of these conditions were neces- sary; thority of the agent of the company need not be under seal, and the statute doos not require the State court to approve the bond. All that is required ts good.and sufficient security. Submitted on the printed briefs, G. W. McCrary for plaintitf in error; Randall & Benedict for defendanis. No. 632 County of Moultrie va. The Rockingtown Ten Cent Savings Bank—Error to the Circuit Court for the Southern district of Illinois, —This was a suit upon bonds issued by the county in aid of the Decatur, Sullivan and Mattoon Railway Company. The defence was that the subscription was never authorized, and that the bonds were never countersigned by the County Clerk, as required by law. The Court below gave judginent for the defendant in error, and it {s here con- ‘ended that the facts proved and’found by the Court did not warrant the conclusion of law that the county was liable, Submitted on the printed briefs, Henry, Ponnell and Eden for plaintiff in error ; Cullom, Scholes and Mather for appellant, Ga motion of Ar, J, G, Abbots Charles P, Thompson, .-TRIPLE SHEET. of Gloucester; William W. Warren, of Boston, and Jobn K. Tarvox, of rence, Mass., were admitted to practice os attorueys and counsellors of this court, 2 of D. B, Butfield Frank H. Canfield, of was admitted to practice as ap atiorney ior of this court, 0. 61 Western Union Telegraph Company, appellants, vs, The Western and Atlantic Railroad Com- pany.—The argument of this cause was continued by Mr. B. H. Hull, of counsel for the appellee, and cou- cluded by Mr. J. I. Aston for the appellant. Case No. 62 Richard L. Wallach, et al., appellants vs. John Van Riswick. The argumeat of this cause was commenced by Mr. Luther H. Pike, of counsel for the appellants and contmued by Mr. ‘f, A. Lambert and Mr. 1. J, Durant for the appelice, Adjqurued, ‘The important case, No, 62, Wallach, et al., vs. Van Riswick, appeal frou the Supreme Court of the Dis« trict of Columbia, was heard wo-day. The cage pre- tion whether, under the act of July, s quently amended, the forfeiture of an enemy's is for life by’ a proceeding im rem" divests him — persona of all interest therein, present and future, Tho appellants are the children of the late Charles L. Wallach, of Washington, who was a brother of the ex-Mayor of that name: aud was an oilicer in the Confederate army during the war, In May, 1863, his realestate was condemned us for- feited under the act in question tor and during bis nat- ural life, and at the sale Van Riswick became the pur- chaser. he also becoming the owner of a deed of trust previously put apon certain of the property, After the war Wallach and his wile conveyed the property in fee to Van Riswick for a valuable consideration, aud the question uow is whether Wallach had any estate re- maining after the confiscation which he Would convey, and also whether Van Riswick, being the assignee of the deed of trust, the heirs of Wallach are not entitled to redeem, notwithstanding his conveyance to Van Riswick The Court beiow beld that the right of re. demption was not sustained, and that there remained in Wallach after contiseation an estate in fee in reversion after an estate in another during his own life, which he could sell and disp of. It is here nothing whatever, no property of any sort, remained in Wl 1 after contiseation; that the fee ‘passed by the decree of condemnation to the United States, and there remained until divested by the terms of the act by the death of Wallach and passed — to bis heirs, — Besides. maintaiming the theory of the Court below, the appellee insists that the subsequent pardon of Wallach restored his rights of property end reinstated him in the enjoy- ment of his former estate, To this it is answered that the question has already been decided the other way; that a pardon does not restore property or its pro- ceeds which has been contiscated. Pike, Johnson & Pike for appellants; T. A. Lambert and Durant & Horuer tor appellees, EUROPEAN STEAMSHIPS. A. R. M. 8. PL Cl ANL NOTICE, With a view to diminishing the chances of collision the birt of this line take @ specific course tor all seasons of the year, On the outward passage from Queenstown to New York or Boston, crossing the meridian of 50 at 43 latitude, or noth= ing to the north of 43. On the homeward passage, crossing the meridian of 50 at 42 lutitude, or nothing to the north of 42. FROM NEW N YORK FOR” LIVERPO! N EENSTOWN. Di. Ae not carry steer: engers. Cabin passage, $80, $100 and $150, gold, Soeordiag to ace commodation.” Return tickets on favorable terms, Steerage tickets to and from all parts of Europe at very low rates. Freight und cabin office, No. 4 Bowllag Gree. Steerage office, 111 Broadway (Trinity building CHARLES G. FRANCKLYN, Agent, NMAN LINE. ed to sail as follows :— D LIVERPOOL, REAL..Saturday, December 4, at 9 A. M. aturday, December Li, at 2. M. Saturday, December 18, at 8 A. ME ‘at 2 cr CITY OF RICHMOND... CITY OF CHESTER. Satu and cach succeeding Saturd RATES wary 1, 1876, at 8A, ME ples 43 North River, and $100, cold $28, currency a Var at lov ne ‘or Cabin Passage and general business apply at the com- 's otties, No. 15 Broadway. = Steerage Passage at 33 Broadway, or pier 45 North JOUN G. DALE, Agent. LY DIRECT LINE TO FRANC THE GENERAL TRANSATLA COMPANY'S ML STPAMERS BETWEEN NEW YORK AND HAVRE, eatling at Plymouth (G. i) did vossels on this favorite route for the Continent (being ore southerly ny other) will sail from pier No. 60 North River us follows: 4 5 ic Saturday, Second C Return tickets at Stecrage, #26) with superior accommodation, including all necessaries without extra charge. Steamers warked thus * do not carry stoerago passengers. LOUIS DE BEBLAN, Agent, 9o Broadway, NoErt GERMAN LLOYD. STEAMSHIP L WEEN NEW YORK, SOUTHAMPTON AND BREMEN, Company's pier, fovt of Second street, Hoboken, HERMANN Dee. 4 OD: D AMERIC, Dee. 11 DEUTSCHLAND, 5 Katew of passage trom New York to Southampton, Havre or Bremen:— First Cabin, $100, gold ;, Second Cabin, $00, gold; Steerage, ‘g40, currency. Return tickets at reduced rate: Prepaid steerage certiticates, 832, For freight or passage apply to OELRICHS & CO., No, 2 Bowling Green, HITE STAR Ly W FOR QUEENSTOWN OR LIVERPOOL. ARRYING THE UNITED STATES MAIL. currency. From tiie White Star Docks pior 62 North River. Rates—Suloon, $60, $80 and $100 in gold; return tickets on favorable terns. Steerage, $28, Saloon, staterooms, smoking and bathrooms are placed amicshi the ‘noise and re least, affording « degree of comfort hitherto unatt ‘or inspection of plans and other the company’s office, 19 Broudway, at sea. formation apply at ‘ork, J. CORTIS, Agent. REAT WESTERN STEAMSHIP LINE. TO BRISTOL (ENGLAND) DIRECT. pier 18 East River, as follows :— ‘Thursday, December 16 nesday, January 5 steerage, $30, cur- roney ; ex Apply to 8st, pirzcr LAND, Steamer P. CALAND. These beautiful steamers, earrying the s to the Netherlands, are great favorites with Trips regula For freight FoNea, EDYE & CO, ONOMICAL ROUTE TO HOL- HE RHINE, SWITZERLAND, Via ROTTERDAM, | States mall @ public. raienlow; comfort and living perfect. ‘OF passage, LW. MORRIS, 50 Broadway, Raa STATES MAIL LINE—STEAM TO QUEENS- TOW! AND L. RPOOL, iling every TUESDAY from pler 48 North River, IDAHO, Dec. 7, noo WYOMING. ‘Dec, 28,6:90 A.M DAKOTA, Dec. 14, 6:30 A.M. NEVADA, Jan. 4.10 A. M. WISCONSIN, Dee, 21, s00n. MONTAD Jan. 11, 3PM, Cabin, intermediate and stee: Prepaid tickets at low rates Passengers booked to and from Paris, Hamburg, Norway, Sweden, de.’ Drafts on Ireland, England, Franes and Ger: many ai lowost rates, aj WILLIAMS & GUION, 29 Broadway, JV L808 LINE FOR SOUTHAMPTON AND HULL, sailing trow pler SS, Norib Htiver, as follows NDOO. First eabi |. currency; second cabin, $45, Excursion tickets on very favorable terms. Throu; ts Issued to Continental and Baltic ports, Apply for full par- euler CLARLES L. WRIGHT & CO., 56 South streot. rom Bigs ‘Nos. 44 and 47 North River. ‘UR LONDON DIRK QUEE: SPAIN... Dee. 4, THE QUEEN Dee 11, abin passage, $60 and $7 reduced prices. Return ticl steerage tickets from cere wt the company’s office, 69 Br Prepaid repaid rates. Apply HURST, Manager. } AMBURG-AMERICAN PACKET COMPANY: Rates of pass: burg and all Cabin, Stuerage, currency . K ravi if bet & 86." OB RIGA RDB BOKS," General Agents, General Passenger Agents, 61 Broad str New York. 61 lew York. NOHOR LINE. : - CARRYING THE UNITED STATES MAIL, EW YORK AND GLASGOW. Saturday, December 4, at 11 A. M. Saturday, December 11, at VUSwturday, December 18,'at 11 - Saturday, December 25, at 3 P. GLASGOW, LIVERPOOL, LONDONDERRY, URENSTOWN OR BELFAST. Cabin—865 to $40, currency, according so accommodation, INTERMEDIATE, $35; STEERAGE, $28, Drafts issued to any amount at current rat a ON BROS., Agents, No 7 Bowling Green. TATE LINE—TO GLASGOW, LIVERPOOL, DUBLIN, BELFAST AND LONDONDERRY, sailing from Kagie pier, Hoboken, N. STATE OF A ‘Thursday, Dee, 2 STATE OF PEN ‘Thursday. Dec. 16 STATE OF VIRGINIA Thursday, Dee, 30 and every alte: Firat enbin, $60, $70 and 840; ro nd eabin. $4; re furn ticke! tos. | Apply to PAUSTIN, HALDWIN No, 72 Broadway. Stwerage vitice, No. 45 Broadway, ED STAR LINE. Appointed to ‘The following pointed to sail — BRI From New York. STATE OF NEVADA. Nov, 17 m WITZERLAND.....Dee 11 RO! Por Phitadeloh dW ERT oe New York. ‘or Philadelphia, ‘or DesseeesNO¥: 29 | SWITZERLAND... Nov. 17 Dee, 24 | STATE OF NEVADA.Doo. 11 ASSAGE IN CURRENCY, vs eees S880 | Second Cabin... tiekets to and from al) points at tht Fr accommodations for all classes ut freight and other faformation apply te sates of freiihs and other information GEO. We. COLTON, Agent, 42 Broad stroot N McDONALD, ger Agent bbiseesiivacre NG. 8 Bantery piece, Wow Works, PETER WRIGHT & SONS, ral Agents. ‘Walnut street, Philedstphia, B. VONDER BE arb General European Agent. Antwerp. )DONOVAN ROSSA—CHEAPEST PASSAGE OFFICE in New York. Steamers every day, Gl Livor- or AOR 1, Quel Derry. Drafts payable 4 Boel Geetha et ob a WOLLae Meak th See ham square, jec. 11 Dec. 25 | contended that | 11 ————$—$—$—__—_—— = COASTWISE STEAMSHIPs. <oaddulen vetRenae iasstammennoeamarcamnnnncscistiiii ACIFIC MAIL STEAMSHIP LINE—POR CALIFOR- ala, Japan aud China, from pier $4 North Itiver FOK ASPINWALL. ‘December 15, 12 noow merican and Pacific ports. Steamship J Gon ae EXCURSION A INOL NCISCO. Monday, 42 North Kiver. ULLAY, Superintendent, PACIFIC MAIL STEAMSHIP LINE. Por Kingston, Jamnien, Savanili HENKY CHAUNCE ED) A Ff Above Hamed ports For passage, freizht and all other information apply @ office on pier foot of Canal street, North Kiver. Ue J. BULLAY, Superintendent. SAU, N. P.—REGULAR MAIL STEAMSHIB ‘Tho next three departures will be ax follows: York direce CITY OF DALLAS, Decew w York via Savannah, Ga, December 14 and De comber 28 Kor freight or passaze apply to MURRAY, FERRIS & CO., Agents, 62 South street, yr Y¥., BAY. CIty OF MERIDA. CITY OF VERA CRU: 1CAN MAIL 88, LINE orth River ut 3 P.M. RECT, ‘Tuesday, Dee. 7 ‘Thursday. Dec. # CITY OF NEV Thursday, Dec, Md in OR VER BW" ORLEANS, vin Havana, Progr 5 CITY OF MERIDA weetuseday. Bee. % For freight or pasanye apply to ALEXANDRE £ SONS, 31 and 33 Broadway. will leave New Orleans December 16 and Janu ary Ltor Vera Crus aud ail the other ports. W YORK AND HAVANA DIRECT MAIL LINE. es first class steamslips will sail at 3 P.M. from jot of Cedar street, for Havana direct, Thursday, Dec 2 ‘adie UUiigwesday, Dee. 14 vor freight or passage, Laving unsurpassed accommode s, apply to ‘ visi WM. P. CLYDE & CO., No _MeKeller, Luling & Co., Agents in H. AS LINE FOR GALVESTON, TOUCHING AT KEY . currying the United States mail F TEXAS, Captain Bolger, will y. December 3, at .. from pier 20 East River, Through bills of luding given to''all points on the Houstom aud Texns Central Luternational and’ Great Northern, Gal ‘sou and t Freight and c 3 5 z = z 6 Bowling Green. ana, x, . Harris treight . havi Maiden lane, or W. P. CLYD! . § Bowling Green. OR NEW ORLEAS THE NEW ORL on Saturday, 1 from pler No. ‘Through bills of lading given ty Mobil 1 points on the Mississippt iver. ontlor eecallinetatag ‘Cubin passage, $50; steerage, Apply to CLARK & SEAMAN, 86 Wost street, VENEZUELA, VIA ST. nig d States mail. ‘The st twin MeCreery, will. sail from pier 20 y Wednexday, December 15, at 3 ¥. M. For freight Gr passaye, having fine necommodations, apply to C,H. MALLORY 400.153 Malden lane. ‘ge LD DOMINION STEAMSHIP COMPANY, sailing from pier 37 North Rive: Vor Norfolk, City Point and Richmond, Tnesdays, Thurs days and Saturdays at 3 P, M., connecting with the Virginia and Tennensee Ai . Atlantic Coust Line, Piedmout Air Line, Chesapeake und Ohio Railroad, and with the com- pany's steam Innes to interior points in North Carolin and Virginia, Newbern and Washington, N, ©. (via Norfolk), every Tuesday, Thursday and Saturday. Lewes, Del, Monday and Thu at4 P, M., connecting with Maryland and Delaware railroads. Passenger accommodations unsurpassed. ‘Through passage tiekets and bills of lauding to all points at Jowext rater, “Insurance to Norfolk, de., fy per cunt, Kroigi received daily at pier 37 North Ri Teneral offices, Greenwich street. _N, L, McCREADY, President, Ne will sail every Saturd transferring Texag freight there to Morgan's Louisiana and Texas Railroad for Brashear, thence per steamer of Mongan’s line to Texa ores. Petne steamer NEW YORK will sail from pler 96 North River, on Suturday, Decomber 4, at 3 2, M., for New Orleans direct ‘Throngh bills of lading signed to Mobile, Galveston, and to all points on the Galveston, Harrisburg ‘and Sao Antonio, Houston and Texas Central, International and Great North: ern, Texas and Pacific ana Trans-Continental Railroads, an to Indianola and San Antonio, and all points on the Gul Western Texan and Pacific Raliway, Brazos Santiago, Cor pug Christi, Rockport, St. Mary's ‘and Fulton, Freight tor St. Mary's aud Fulton landed at Rockport. Lighterage and el dues at either Corpus Christi ot Brazos Santiago at the expense and risk of consignee, Freight for Brownsville, Matamoras and points in thein- terior must have consignee at Brazos Santiago, fected under open policy of C. A. White ew Orleans, From New York to New Orleans, ; from New York to all Texas ports via New Or leans, Hi per i Tasight’at lowest tates. For frolight of further Informae ES A. WHITNEY & CO. CHAR BY & tion apply to i ittvor, NOTIFIED THAT S THE ONLY AC ARK TH FOR THE RECEIPT) OF 'S AND SUBSCRIPTIONS FOR THE 630 SIXTH AVENUB, 114 SOUTH SIXTH STREET, PHILADELPHIA, R BOERUM AND FULTON STREETS, BROOK. TRAVELLERS’ GUIDE. IALL RIVER LINE TO BOSTON, (pa and Fall foos of Murray street, dai 80 P. ‘Through tickets sold at all pi PENNSYLVANIA RAILROAD, HE GREAT LINE AND UNITED STATES MAIL a Trains leave New York, from foot of Desbrosses and Cort Jandt streats, as follows Express, for Harrisburg, Pittsburg, the West aud Sout with’ Bullman Palace Car attached, 9:30 A. M., 6 an v3 8:30 ‘Sunday, 6 and 8:30 P.M. For Williamsport, an ven (via Philadelphia and Erie Kailroad Division, connecting wt Philadelphia), 9:30 For Williamsport, Lock Haven, Corry and’ Eri . connecting at Corry for Titusville, Petroleum Centre and the Oil Regions. For Baltimore, Washington and the South, “Limited Wash: ington Express” of Pullman Parlor Cars duily. excey i BOA. 3; at Washington 4:10 P. a 6840 AM, Sand 9 P.M. pe. M. Philadelpiia, 7, 7:30, 8:40, 9:40 A. M., 12:30, 5, 6,7, 8:30, 9 P.M. and 12 night. Sunday, and 9PM. Emigrant and second class, 7 wark at 6, 6:30, 7, 7:40. 8, 9, 10, 11 A.M. 12 M., act 4:10, 4:30, 5:20, bs Pp. 10, 11_A. M., 12 M., ), 4:50, 520, 3» 11 390 POM. and 1 uP. 6:30'and 7 BL Mt, For Woodbridge, Perth Amboy and South Amboy, 6 and 10 A ), 4:50 and 620 P.M. 2, 3:10, 4:10, 5:20, BoM, Me ‘ For Flemington, 0:30 A. M. and 3 P.M. Fot Mercer and Somerset Branch, 3 P.M. For Trentgn, Bordentown, Burlington and Camden, 7:90 and hold, 7 Farmingdale For Hightstown, Pemberto Amboy, 4) B-'M., wud via Monmonth Junction, 4:10 P.M, | Por Hightstown aud Pemberton, 8A. M. via Perth Amboy, and 7 via Monmouth Junction. Trains arriv follows :—From Pittsburg, and 10:30 A. Situ So'P AM dali F049 AM. and 240 P.M. daly except Monday. From Washington and Itimore, 6: 4:05, 5:15 and 10 27 P. AM. From 10, 6 2t ss 1154 A.M, B10, D, 844, 9:20, 10:27 P: M. Suns 255,11:54 AL M., 7:40, 9:20 and 10:27 Ticket Offices, 525 and 944 Broadway, No. 1 Astor House and foot of Desbrosses and Cortlandt Streets; No. 4 Court street, Brooklyn; Nos. 114, 116 and 118 Hudson street, Ho boken. Emigrant Ticket Office, No. 8 Battery Place, FRANK THOMSON, ‘D. M. BOYD, Jn, ‘General Manage! Passenicer Agent, ROVIDENCE AND STONINGTON STEAMSHIP CO, NEW YORK AS BOSTON, STONINGTON LINE. From pier 33 North River, foot of Jay street, the ele steamers. RHODE ISLAND aud NARRAGANSETT except Sundays), at 490 F IDENCE LINE. b From pier 27 North River, fyot fact of Robinson street, the mshipe BLECTRA and LATE daily (except Sum 8) ab aD TA LONG BRANCH AND THA UP Peenw JERSEY SOUTHERN EALnORD, Fr w York to Philadelphia on! are from Nmmaenciag October 4, 1873,” New York. pier 8 North Riv. ‘hiladelphia, unelane, = me! ‘ For Philadelphi ‘uckerton, &e. 4 Ma elphis. "WM. 8. SNEDEN, General Manager. foot Rector street, 40 A. M. EUROPE, (OTEL LE 1 A FIRST CLASE ICE.—HOTEL LES ANGLAIS, hotel, faciug the sea and under English management 1, BAKEH HAYS, Secretary, 80 Coleman st., Londen, BO WANTED TO PURCHASE, partis WAVING aiNE (OF GOODS TO SELL ir cash wi ind a con! tk Greuing GASH, bon 1k Hersiaodens Cn ee 10 PHOTOGRAPHERS, WANTED, A GOOD EXT! aremeny at STEVENSON'S Gallery, we R ANTED TO PURCHASE ere and Uflice Fu We canna GOOD SIZBD SECOND HAND SAFE, containing banker's chest, Address, for two days, giv ing description and price, A. B., box 19) Herald office. poendianre IF CHEAP)—OOUNTERS vue. Address COUNTER, CLOTHING, A? FLATTO'S UPTOWN ESTABLISHMENT 810 SIXTH 4A. avenue, corner Porty-sixth street—Ladies and Gentle- men will pysitively receive 90 per cent more in cash than elsewhere for cast off Clothing, Carpets, Jewelry, ke. Orders promptly atte by Mr. or Mrs, Flatto, Mo. S16 Sixth av. TB. MINTZS GREAT WESTERN AGENCY STO 248 Third avenue, three doors above Tweuticth street, Sacer ets gaat veil be paid fe cast-off Clothing, an ee an elsewhere, slemen wi MINTZ, " Brooklye to call on or send & note to Mr. or Mrs, MIN’ orders attended. “A T EDWARD MILLERS WELL, KNOWN ESTABLISH. ment, 68 Sixth avenge, noar Waverley place, the ute taost vaine paid for cast-off Clothing, Carpets, de., by calling on of addreveing Mr. of Mrs. MILLER. AT DEMAND PROM MY AGENTS FOR a hg atiemen's cast oF ea Lamas oe Fore rare, Lancer, can welry. Ladies and gentlemen ii be astonished as Cis eo