The New York Herald Newspaper, January 1, 1879, Page 8

8 “THE COURTS. Legal Raid on the Market Huckster Stands. THAT “BUCKET SHOP” INJUNCTION Epitome of Last Year's Business in the State Courts. ASSIGNMENTS OF JUDGES Criminal Cases Disposed of in the Dis- trict Attomey’s Office. ‘The contest in the court over the removal of the huckster stands from the vicinity of Washington Market has not yet terminated, but goes over as a legacy for the new year. The suit, as will be remem- bered, was brought by Smith Ely, Jr., and others, Commissioners of the Sinking Fund, against Allan Campbell, Commissioner of Public Works, to restrain the removal of the market stands and stalls upon the streets and sidewalks around Washington Market. ‘The case came before Judge Van Vorst, in Supreme Court, Chambers, yesterday, upon a motion to con- tinue a temporary injunction. The question raised is whether the charter of 1873 authorizes the Clerk of the Market to give permission to persons properly licensed and paying license fees into the sinking fund to occupy the streets within 300 feet of the market, notwithstanding the declaration of the Com- missioner of Public Works that such occupation of the streets is an obstruction to public traffic and despite his efforts to remove them. The matter was argued @ great length by Messrs. John S. Lawrence and Elliott Sanford for the plaintiffs, and George P. Andrews, Assistant Corporation Counsel, for Com- missioner Campbell. Mr. Andrews made the prelim- inary objection that, as under the charter, the plain- tiffs were a part of the City Corporation, nobody had aright to appear for them except the Corporation Counsel, who here distinctly appeared against them as representing another department of the city gov- ernment. Mr. Sanford read affidavits on behalf ot the motion, setting forth that the defendants were pulling down’ the stands, and that the occupants would thereby be damaged to the extent of many thousands of dollars and the city would also be a great loser by the non-receipt of tees for these privi- leges. He argued that the occupation of portions of the streets around Washington Market for market purposes had been a matter of allowance and license mmon Council, under ancient charters for many ‘These stands, it was re not obstructions to street travel or gen- eral traffic, On the other side, aftidavits were presented tint these stands and stalls greatly encumbered the sireets and that the revenues to the city from them did not exceed year. Mr. Andrews stated that as far back as 1818 an indictment was found against the city for maintaining the old Broadway market, it being an encumbrance to one of the high- vays of the city, and that the matter was settled by r, that the market could not be sus. tained under the’ law. Judge Van Vorst took the papers tor examination. “BUCKET SHOPS.” Judge Lawrence yesterday rendered a decision sus- taining the injunction in the suit of the Gold and Stock Telegraph Company against Elliott W. Todd and others and refusing to continue the injunction granted in the suits by Todd and others against the telegraph company. The latter sought to take its instruments from the ‘bucket shops” kept by Todd & Co., Hastings and others because they bulletined the quotations for the information of their patrons. The following is Judge Lawrence's opinion:—“I am of the opinion that the motion to continue the in- junction in this case should be denied. It appears that the plaintiffs under their contract with the de- fendants agreed that the company should reserve the right to discontinue the delivery of the re- ports to any party taking them for publication, or outside use, or when they should be made use of in any manner detrimental to the company’s inter- est. Notwithstanding the able and elaborate argu- ment of the learned counsel for the plaintiff Iam not prepared to hold that this was vot a valid and binding agreement on the part of the plaintiff. An injunction should not be granted pendente lite except in @ perfectly clear case, and I do not regard this us such acase. Prima facie the agreement was valid and the plaintiffs (Todd & Co.) should not be allowed to retain the benefit of such of its provisions as enure to their advantage and reject those which they regard disadvantageous. It may possibly be that after the trial of the issues raised by the pieadings at the Spe- cial Term and upon the full examination of the facts which can be had at such trial the Court may deter- mine to grant an injunction, but on the affidavits be- fore me I do not feel warranted in continuing the pre- liminary order heretofore made.” ASSESSMENT DECISION. An important decision was rendered yesterday by Judge Larremore, in the matter of the petition of the Trustees of St. Thomas’ Church to have an as- sessment vacated. The following is the decision which, in addition to giving the law governing the case, cites the facts:—‘The irregularity alleged as a ground for vacating the assessment is a failure to ad- vertise the resolution under which the work was per- formed in the Corporation newspapers, pursuant to the provisions of the seventh section of the charter of 1857. Under the act of 1874 (chapter 313), the omission to make such an advertisement is not an irregularity for which an assessment can be va- cated, save and except in cases where repaving has been done and the property has previously paid an asvossment for paving. Such is not the case before me. In regard to the objections to the regularity of the sale, Ideem it sufficient to state that after examin- ing the Various stat relied upon by the learned counsel for the petitioner lam of the opinion that the act of 1871 (chapter 381) was intended to prescribe i does prescribe the only notices which shall be ‘ved and the procedure which shall be followed in selling lands for the non-payment of taxes and assess- ents in th tk, and that I have failed iscover trom the proofs in’ this case that the p visions of section 3 of said act have not been strictly followed by the Clerk of Arrear: There postponement of the sale, but «continuance from ime to time until it was completed. The statute not require that notice ot such continuance should be advertised. Any other construction would lead to the absurdity that if the sale was not com- pleted on the day for which it was first advertised notice would have to be published from day to day that the sale was still in progress. Iam of the opin- ion, therefore, that the prayer of the petitioners should be denied.” SUMMARY OF LAW CASES. With the outgoing of Judge Sutherland, whose term of office as City Judge expired yesterday, eleven court officers have been removed, whose places aro to be filled by new appointees. Ernest Delacourt was brought into Supreme Court, Chambers, yesterday, on the writ of habeas corpus sued out by William F, Howe, his counsel, who claimed that his client was illegally restrained of his liberty on atrumpod up charge of lunacy, Delacourt is & rather good looking man, and was tash- jonably attired, ‘The return made to the writ was to the effect that Delacourt imagined the daughter of his employer was infatuated with him. To this re- turn Mr. Howe objected, and will interpose a traverse, urging that Delacourt is perfectly sene and that his incarceration is tl! result of a conspiracy to get him out of the way. Judge Van Vorst ad- journed further act: er until to-morrow @fternoon at two o'c! case will bé fully investigated, A YEAR'S WORK. BUSINESS TRANSACTED IN THE STATE COURTS DURING THE PAST YEAR-—ASSIGNMENT OF JUDGES FOR THIS YEAR—REPORT OF THE DIs= TRICT ATTORNEY. ‘The various branches of the State courts, as will be seen by the epitomized report given below of the business transacted in them during the past year, have furnished abundant work for the judges. As will be seen, however, no assignment of judyes in the Supreme Court has been made for this year, but it 18 announced that it will be made during the pres- ent week. SUPREME couRT—cHAMMERs, January. By Judge Barrett. 264; special pro- ccoedings, judgments, 40; vorces, 2 18 Of arrest, Junctions, Py Judge Donohue special p ceedings, 100; re judgments, 15; di- yorees, 2; attachments, 17} orders of arrest, 24; in- Junctions, 9. By J dge Lawre1 peial pr Indge Donobne.- . special pros eotliage, 470; reteroncer, 150; Judgments, 09; di- NEW YORK HERALD, WEDNESDAY, JANUARY 1, 1879--WITH SUPPLEMENT. woneen, 8 attachments, 77; injunctions, 35; orders of arrest, 59, By Judge Brady.—Motions, 11; special proceed- ings, 15; references, 5; injunctions, 2. By Judge Davis.—Referonces, 3; motions, 2. e Barrett.—Motions, 3; special proceed- iudge Lawrence.—Motions, 24; special proceedings, 3. ‘ larch. By Judge Lawrence.—Motions, 418; special pro- ceedings, 363; references, 107; judgments, 65; di- yorces, 6; attachments, 39; orders of arrest, 22; in- junctions, 15, By Judge Daniels.—Motions, 14; special peed- ings, 14; references, 4; judgments, 2; attachments, 3; order of arrest, 1, By Judge Donohue.—Motions, 100; special proceed- ings, 177; references, 27: judgments, 21; divorce, 3 attachments, 10; orders of arrest, 15; injunc- ions, 8. By Judge Brady.—Motioas, 3; references, 2; special proceedings, 4; order of arrest, 1. By Judge Davis.—Motions, 7; special proceedings, 4; references, 3; judgments, uttachments, 2; or- der of arrest, 1. April, By Judge Donohue.—Motions, 322; special proceed- ings, 288; references, 92; judgments, 64; divorces, 3; certioraris, 4; habeas corpuses, 16; attachments, 14; injunctions, 36; orders of arrest, 49, By Judge Potter.—Motions, 123; special proceed- ings, 205; references, 58; judgments, 36; divorces, 5; attachments, 12; orders of arrest, injunctions, 6; habeas corpuses, 7; certoiraris, 2. By Judge Daniels.—Motions, 30; special proceed- ings, references, 5; attachments, 2; injunctions, 1; order of arrest, By Judge Barrett.—Motions, 3; reference, 1. By Judge Lawrence.—Motions, 54; special pro- ceedings, 5; references, 3; judgments, injune- tion, 1. udge Brady.—Motions, 7; demurrer, 1; refer- attachment, 1. Coaniiienastieuiag 1; special proceeding, 1. May. By Judge Donohue,—Motions, 549; special proceed- ings, 507; references, 159; judgments, 77; divorces, 6; habeas corpuses, 25; attachments, 42; injunctions, 26; orders of arrest, 38, 8. cool reference, 1; 3. special pro- ; divorces, 2. By Judg Motions, 33; special proced- ings, 32; references, 4; judgments, 2. June. By Judge Potter.—Motions, 89; special proceed- ings, 178; references, 69; judgments, 47; divorces, 2; habeas ttachiments, 13; orders of ar- rest, 5; injunctions, 8. By Judge Donohue.—Motions, 61; special proceed- ings, 92; references, 29; judgments, 25; divorce, 1; habeas corpuses, attachments, 32; orders of arrest, 16; injunctions, 7. By Judge Barrett.—Motions, 3; special proceedings, 2; reference, 1. By Jud, Lawrence.—Motions, 197; special pro- ceedings, 239; references, 68; judgments, 46; di- vorces, 5; habeas corpuses, 15; attachments, 25; orders of arrest, 15; injunctions, 8. July. By Jndge Danicls.—Motions, 175; special proceed- ings, 368; references, 84; judgments, 62; divorces, 8; habeas corpuses, 40; attachments, 70; injunctiohs, 13; orders, 50. By Judge Donohue.—Motions, 20; special proceed- ings, 16; references, 19; attachments, 6; divorces, 2; hal corpuses, 2; attachments, 2; orders of arrest, divorce, 1, “By Judge Lawrence.—Motions, divorce, 1. By Judge Potter.—Motions, 1 August. By Judge Van Brunt.—Motions, 175; special pro- ceedings, 251; references, 100; judgments, 60; di- by 50; marriage, 1; attach- By Judge Pratt.—Reference, 1; special proceedings, 3; judgment, 1. By Judge Daniels.—Attachments, 3; injunctions, 2; orders of arrest, 6; motions, 52; special proceedings, os Bene nsas| 6; divorce, 1; habeas corpuses, 6; ha- By Judge Lawrence.—Motions, 2; habeas, 1. By Judge Potter.—Motions, 2. By Judge Westbrook.—Motion, 1. y Judge Donohue.—Motions, 4; special proceed- 2; reference, 1; judgments, 5; attachments, 2; injunction, 1; orders of arrest, 2. September. special proceedings, 55; divorces, 5; si 3 references, 60; injunction: beases, 31; attachments, 17; orders of arrest, 5; injunctions, 5. ‘By Judge Lawrence.—Motions, 59; special proceed- ings, 49; references, 15; injunctions, 8; divorce, 1; habeas corpuses, 7; attachments, 11; orders of arrest, 9; injunctions, Ry Judge Van Brunt.—Motions, 26; orders of ar- rest, 2. By Judge Daniels.—Motions, 8. By Judge Donohue.—Motions, 65; special proceed- ings, 147; injunctions, 28; references, 39; habeas corpuses, 15; attachments, 13; orders of arrest, 35; injunctions, 13. =i Judge Westbrook.—Motions, 32; special pro- ceedings, 98; references, 14; injunctions, 15; divorce, 1; rerhige, corpuses, 10; attachments, 7; orders of ar- rest, 5. October. By Judge Westbrook.—Motions, 30; special pro- cand ings, 562 ; judgments, 3; divorces, 2; habeas corpuses, By Judge Daniels. By Judge Van Brun’ By Judge Potter.—Motions, 12. By Judge Donohue.—Motions, 203; special pro- ceedings, 287; _ referenc 87; judgments, 54; divorces, habeas corpuses, 33; attachments, 29; injunctions, 20; orders ot arrest, 28. By Judge Lawrence.—Motions, 9; injunction, 1; special proceedings, 7; references, 3; habeas, 1; at- tachments, 25 injui on, Soi es oe By Judge Barrett.—Motions, 171; special proceed- ings, 287; references, 68; judgments, 38; habeases, 18; divorces, 4; attachments, 18; injunctions, 4; orders of arrest, 18, November, By Judge Donohue.—Special proceedings, 57; refer- ences, 19; motions, 44; divorces, 3; habeas corpuses, 8; judgments, 12; attachments, 13; injunctions, 10; orders of arrest, 10, By Judge Barrett.—Motions, @. By Judge Brady.—Injunction, 1. By Judge Westbrook.—Special proceeding, 1; in- junction, 1. By Judge Potter.—Motions, 3. oi Judge Lawrence.—Motions, 322; ial pro- ceedings, 140; divorces, 4; judgments, 70; references, 117; habeases, 52; attachments, 42; orders of arrest, 24; injunctions, 22. December, By Judge Brady.—Motions, 138; special proceed- 175; references, 70; judgments, 23; habeases, 7; 5; attachments, 15; orders of arrest, 15; in- junctions, 7, By Judge Van Brunt.—Motion, 1. + By Judge Potter.—Motions, 6; reference, 1; special proceedings, 5: habeases, 3. By Judge Davis.—Motions, 77; special proceedings, 95, reterences, 45; injunctions, 11; divorces, 2; attachments, 5; orders of arrests, 4, By Judge Boeks.—Motion, 1. y Ji Motions, 29; special proceed- divorce, habeases, 5; at- 5 rders of arrest, 7; injunctions, 9. By Judge Van Vorst.—Motions, 40; special pro- ceedings, #5; references, 9; habeases, 3. Ly Judge Donohue.—Motions, 24; ‘special proceed- ings, 96; references, 12; judgments, 6; attachments, 28; orders of arrest, 23; judgments, 11; foreclosures, 1 By Judge Lawrence.—Motions, 48; divorce, 1; special proceedings, 12; judgment, 1; habeases, 2; references, 3; attachments, 3; injunctions, 2; orders of arrest, 4. In addition to the above there have been issued thousands ot other orders which are not required to be filed or entered on the minutes of the Court. SUPREME COURT SERAL TERM. In this Court during the year a total of 402 cases were heard, of which 167 were non-enumerated mo- tions, 68 preferred causes and 131 enumerated ap- yews. There were 414 cases decided and 12 affirmed y default. SUPREME COURT—SPFCTAZ, TERM. ‘There were disposed of during the year 128 cases involving issues of law only, 22 of which were settled and in 106 arguments were heard. Of trials of law and fact th ere 383, of which number 88 were settled, 50 red and 14 dismissed, REME COURT—CIRCUIT—PART 1, 05 jury trials and 13 without a jury. nd 36 complaints ME COURT—CIRCUIT—PART 2. year there were 109 jury trials and 10 uit a jury. Inquests were taken in 97 romplaints were dismissed, REME COURT—CIRCUIT- ART 3. vere 128 trials with a jury and 12 without. five inquests were taken and 24 complaints ised, During th trials. with cases and 16 din SUPERION court. year inthe Superior Court is ryetic work on the part of the j . notwithstanding the fact that several of them have been ill for various lengthened periods of time and Judge Van Vorst assigned to hold Special and ‘Trial Terms in the Supreme Court. ‘The following is a tabular statement of the work done:— General Business, Orders filed...... 6,140 Judgments entered, + 1107 Judgments satixtied 209 Declaration of intentions. + 1,462 Naturalized.......06.666 Cases disposed of. ° Number of motions and dec Jury Terms, Cases on trial calendar disposed of.. COURT OF COMMON ‘The Court of Common Pleas pres an exhibit which, a8 will be seen, compares favorably with that her courts. In this as well as the Superior » have been several drawbacks. wo of the judges were sick for several weeks, and Judgo Van Bes hold $pe- was assigned by the Governor cial Term in the Su rt. The following is a ent of the business don @ Term. 54 cord 253 Trial Term, 1 determined, » 420 . al Bquity Term. es triod and decided..... sasove Special Term amd Chambers, Orders heard and decided... t ated motions heard and decided. + 08 ary aesignments oxamiped, &e. » oT Mounds of aysignors ded and approved... ava 266 heard 39 Mechanics’ liens (foreclosed). 70 Divorce judgment: 32 Names cl Naturalization appl Naturalization applications rejected. During the year 1578, in the case of under the General Assignment law, there hav. adjusted and decrees entered showing that, from lia- bilities as ro peng in schedules, the amount of actual indebtedness was $5,262,968 51; the nominal value of the assets, as shown by the schedules, being $4,304,910 30, and the amount distributed by assign- ors under final decrees being $1,936,122 12. 5,566 Tials.......+. Opinions filed Total number of cases bgp sang Oerereereee General Term. Appeals from orders.... Appeals trom judgments. ‘Total number of cases decided on appeal..... 212 Trial Terms, m a 1, 655 cases; Part 2,731; Part 3,331. Total, There were issued from this Court during tho year, 161 marine warrants, and there were taken ap- peals to the Court of Common Pleas from the Gen- eral Term of the Court, 67. There were filed during the entire year, 1,735 notes of issue, and 5,039 judg- ments ertered. The total amount of trust funds re- ceived by the clerk during the year was $10,124.14, and the amount paid out, $8,626 40, leaving a bal- ance in the clerk's hands of $1,497 64, The total amount paid into the city treasury was $13,772. The total amount for which judgments were ren- dered was $1,138,553 90, not including costs, ANNUAL REPORT OF THE DISTRICT ATTORNEY. The following is the annual report of the District Attorney for the year 1878. ‘The report, in addition, gives acomparative statement of the business done luring the last six years in which District Attorney Phelps has been in office, and in the twelve preceding years :— 1872-78, 1861-72. Cases received, 28,934 23,849 Indictments 16,554 Dismissed 2,181 Acted upo: 18,735, |, Convictions. 8,810 SUPERIOR COURT—ASSIGNMENTS. The assignments in the Superior Court for the coming year areas follows:— General Term—Jannary, Chief Justice Curtis znd Judges Van Vorst and Speir; February, Judges Sedgwick, Speir and_ Freedman; Sedg’ March, Chief Justice Curtis and Judges Sanford and | Freedman; April, Chief Justice Curtis and Judges Sedgwick and Van Vorst; May, Judges Sedgwick, Spier ond Sanford; June, Judges Van Vorst, Sanford and Freedman; October, Chief Justice Curtis and Judges Speir and Freedman; November, Chief Justice Curtis and Judges Sedgwick and Sanford; December, Judges Sedgwick, Van Vorst and Freedman. Special Term—January, Judge Sedgwick; February, Judge Sandford; March, Judge Van Vorst; ‘april, Judge Speir; May, Judge Freedman; June, Judge Curti October, Judge Van Vorst; November, Judge Speii bP asereny ey Compaen Saganieayn 1. january, je Freedman; February, Ju Curtit March, Judge Sedgwick; April, Judge Pe Mi Judge’ Van Vorst; June, Judge Speir; Judge Sedgwick; November, Judge Freedman; De- cember, Judge Curtis. Part 2—January, Judge San ford; February, Judge Van Vorst; March, Judge Speir; April, Judge Freedman; May, Judge Curtis; June, Judge Sedgwick; October, Ju Sanford; No- vember, Judge Van Vorst; December, Judge Speir. Chambers in vacation will be held alternately by Judges Van Vorst, Sedgwick, Speir, Sanford and Freedman. COMMON PLEAS—ASSIGNMENTS. The following are the assignments of judges for the ensuing year:—Common Pleas, General Term—Janu- ary, Chief Justice Daly and Judges Robinson and Larremore; March, Chief Justice Daly and Judges J. ¥. Daly und Van Hoesen; May, Chiet Justice Duly and Judges Robinson and Larremore; November, Chief Justice Daly and Judges J. F. Daly and Van en. ‘Trial Terms, Part 1—January, Judge Van February, Judge Larremore; March, Judye Robinson; April, Judge C. P. Daly; May, Judge Van Hoesen; June, Judge ©. P. Daly; October, Judge J. F. Dal; November, Judge Robinson; December, Judge more, Part 2—January, —-.; February, Judge J. I. Daly; March, —; April, Judge Van Hoe- —— June, Judge J. F. Daly ; October, Judge lovember, —; December, Judge Robin- son. Equity Term—February, Judge Van Hoese April, Judge Larremore; June, Judge Robinso: October, Judge J. F. Daly; December, Judge C. P. Daly. Chambers and Special Term—January, Judge J. ¥. Daly; February, Judge Robinson; March, Judge Larremore; April, Judge C. P. Daly; May, Judge J. ¥. Daly; June, Judge Van Hoesen; October, Judge Robinson; November, Judge Larremore; December, Judge Van Hoesen. During vacation Chambers will be held alternately by Judges Larremore, Van Hoesen, Robinson, C. P. Daly and J. F. Daly. MARINE COURT—ASSIGNMENTS. The assignments of judges of this Court for tho — tv for the various terms are as follow! General Term—January, Chief Justice Alker and Judges Sheridan and Sinnott; February, Judges Shea, McAdam and py March, Chief Justice Alker and: Judges Shea and Sinnott; April, Chief Justice Alker and Judges McAdam and Sheridan; May, Judges Shea, McAdam and Sinnott; September, Judges Shea, Sheri- dan and Sinnott; October, Chief Justice Alker und Judges McAdam and Gvepp; November, Judges Shea, Goepp and Sheridan; vember, Chief Justice Alker and Judges Sheridan and Sinnott. Trial Term— Part 1—January, Chiet Justice Alker; February, Judge McAdam; March, Chief Justice Alker; April, Judge Sheridan; May, Judge McAdam; June, Judge Sinnott; September, Ju Shea; October, Judge Goepp; November, Judge McAdam; December, Chief Justice Alker. Trial Term, Part 2—January, a Sinnott; February, Chief Justice Alker; March, Judge Shea; April, Judge McAdam; May, Judge Sin- nott; June, Judge Goepp; September, Judge Mc- Adam; October, Judge Sinnott; November, Judge Shea; December, Judge McAdam. Trial Term, Part 3—January, Judge Goepp; February, Judge Shea; March, Judge Sheridan; April, Judge Shea; May, Judge Goepp; June, Judge Sheridan; September. Chief Justice Alser; October, Judge Sheridan; No- vember, Chief Justice Alker; ember, Judge pot Chambers—January, Judge Sheridan; Febru- ary, Judge Sinnott; March, Judge McAdam; April, Judge Goepp; May, Chief Justice Alker; June, Judge Shea; July, Judge Sinnott; August, Judge Sheridan ; September, Judge Goepp; October, Judge Shea; No- vember, Judge Sinnott; December, Judge Sheridan. The General Term and Trial Term, Part 1, will be held in room No: 15, City Hall; Special Term and auxiliary, Parts 2 and 3, in No. 27 Chambers street. JUSTICE PINCKNEY. Mr. Bookstaver, a lawyer, was the first witness be- fore Referee Buell yesterday, and his testimony was very clear that he had never known Justice Pinckney to be guilty of any improper conduct on or off the bench. He was followed by Messrs. Neville and Culver, both lawyers, who testified to the same effect ; Mr. Wallack and Mr. McDonough followed the last named gentlemen, but their evidence did not vary from that of the preceding witnesses. The only liveli- ness imparted to the proceedings was when Mr. Ye- mans was called to the witness chair. Ths counsel for the prosecution (Mr. Miller) worried him a good deal on the cross-examination as to his relations with Mr. Davies and Judge Pinckney, but he came off with the honors. After some discussion between counsel the examina- tion was set down for to-morrow at two P. M. JUST WHERE THEY STARTED. “Here, now! Here! Stop all this cackling and just tell me a straightforward story,” remarked Judge Otterbourg at Jefferson Market Police Court yesterday to Mr. Golden, of Houston stfeet, and the two boys and girl who were wrangling about the pos- session of a chicken, “Well, sir,” said a little fellow who had two birds in a bag, “me sister lost a chicken, an’ she told me to bring it in if [found it. I did find it on South Fifth bebe near Bleecker street, an’ den dis man ses I stole it.” “Can you identify the bird, Mr. Golden?” queried the magistrate, “I guess so, Yer Honor.” “Put it on the desk.” The boy Pe gy the two speckled roosters on the desk in front of His Honor, and they “chuck and cackled against the proceeding. which is your bird, Mr. Golden?” “LT can't say, sir,” he replied. And indeed it would have been remarkable if ho could, so much alike were they. “Still you believe one of them to be yours ?”* “Ido, sir.” And they aro not yours, boy?” ‘No, sir. Lonly caught it for me sister.”” “Take it back to the corner of Bleccker and South Fifth avenue, where you found it, and let ityo. May- be ‘t*will go to its proper owner.” QUINCY'S COOLER. “Alonzo Braine to the bar!” shouted Mr. Eugene Otterbourg, at Jefferson Market Police Court, yester- day, “Where is Jefferson Quincy?” “Here, sah; here,” responded a very black person- age, stepping to the rafling before the bench. “You're the prisoner, eh?” said the Court. “I'm de prisoner,” replied Quincy. “What did you throw a glass of water in Mr. Alonzo Braine’s face for?" “Well, you see, boss—I mean Jedge—dat ar yaller coon come inter “my restorong in Thompson street, an’ I wor jes partakin’ ob a little nourishment at de side table, when he commence his ribal'ry. 1 ’bom- inate ribal’'ry. Ido, fo’ suah, boas—I mean Jedge,” “What do you mean by mbal'ry?’ “He done gone whistle an’ dance an’ howl, rg'lar ignoran’ mia. I wes to doin’? Stop dat ar foolishness; dis yc He are .’ He answer me sassy an’ ses, look yere, nigua; I'm # gemman, sah; I'm a in.’ ‘Who ama gemman?’ ses I. ‘I'm a gen ses he. ‘Oh, sho! yor doggoned tig'ramus, you are,’ ses I, ‘an’ I wan’ you to light right out o° | dis yere saloon.’ Well, boss—I mean Jedgomdi« yero yaller moke gib me some more chin an' Ljes wet him | down a little—I jes wet him down a little. Dat's all, boss; dat’s all, for true.” “Mr, Braine, you must restrain your merriment in eating houses, Jofferson Quinvy, you are free,” FINANCHAL AND COMMERCIAL The Stock Market Active and Strong. GOLD 100 A 100 1-64, Govemment Bonds Strong, States Lower and Railroads Active. MONEY ON CALL 4 A 5 A 7 PER CENT. pe Wat STREET, Tvrspay, Dec, 31—6 P. ‘ut. } ‘The stock market bulls that had set the ball rolling yesterday kept it going to-day with accelerated speed. Higher prices were made for all the active stocks upon the list and the so-called Vanderbilt properties led the way. Central and Hudson rose to 114 on the prospects of the favorable results likely to accrue to it from the new line of steamers; Lake Shore to 715% for no apparent reason except that, having for so Jong a time been shackled down to “70,” it started off with the ardor of an escaped convict unexpectedly freed from his bonds; Michigan Central to 15,’ be- cause the last dividend has given encouragement to expect even better ones to come, and Western Union to 96, because there was an abundance of points, both Jay and clerical, to buy before it became too late. Closely following the ‘Vanderbilts on the up ward turn came Erie, advancing as it did a clean 1 per cent, and keeping it, too. The English | stockholders (who complained so bitterly of being “stuck” last autumn), with a remarkable forgettul- ness of the adage which refers to burned children reading fire, were apparently willing for a second time to incur the risk of cremation, judging from the fact that they appeared as large buyers in to-day’s market. In the afternoon prices, which had been previously kept’ at fever heat, cooled off ins frac- tional degree—partially on account of sales mado to secure profits, and partially because the weaker holders of Lake Shore and Michigan Central sold out to buy back at the ex-dividend price, thereby avoid- ing the inconvenience of “laying out” of $200 or $300 per hundred shares until the dividend pay day. Shortly after two o’clcck both of these stocks were dealt in “dividend off,” the amount de- ducted from the price being 3 per cent for Lake Shore and 2 per cent for Michigan Central. This obstacle being cleared away the market moved rapidly up again, the temporary decline was recovered from, and the best prices of the day were made at the close. Under the good feeling which prevailed it would have been worse than churlish had not the anthracites shown some sympathy with the rest of the market. This they did by recording 4 moderate improvement, though they did not advance beyond the foot of the class in the general speculation. It was an off day in the Northwesterns, transactions being light and fluctuations nominal. The friends of the property had voted themselves 3 half holiday and were content to let the stock alone, for the day at least. New York Elevated Railroad attracted unusual attention this forning, shares being in demand at 120 and offered at 125. Less than two months ago they were quoted at 8085. The open- iny cf the line to Harlem and the enormous present and prospective travel are sufficient reasons for this | handsome advance. Money closed for call loans at 7 per cent, 4 not unreasonable rate for the last day of the year. . The opening, highest, lowest and closing prices of stocks sold at the New York Stock Exchange were as follows:— Opening. Highest. Lowest. Closing. Delaware & Hudson. ..37.!g 33 38 Wostern Union. 9535 96 05% 4 14 b13% 11234 1146 14 2134 2235 2236 73, uk x684; 6 6 bi5x 50% BOR 5036 38 78% Big 3655 37 37 : 764 16% 16% . & West 42 42% 42% Michigan Central. 4 Do x73 Union Pacific. 60% 665; 66% Rock Island. +122 122 x12014 Wabash .... 221, bai Central of New Jersey 33% 33334 basiy Kansas & Texas 6K 6% 4 b6 5% 55s 5% 45%, + 45 bay N. J, Southern. 1% 2 1% 2 The closing quotations at three P. M. were:— Bid, Asked. Bid. F 29 Kansas & Texas. 6 At & Pac Tol... 281g ~ 20 os é 50% *Lakeshore..... 6% GS 7B', *Michigun Cen.. 731, 73 Morris & cy & Pi Chicago & Alton 78 Chie & Alton pf.10 Canton R rie... Erie preferred. Harlem Han & Std Han & St J) Til Central... Kansas Pacific. * Ex dividend. ‘The total sales of stocks at the Board to-day aggro- gated 172,625 shares, which were distributed as fol- lows:—Canada Southern, 800; Chicago and North- west, 9,110; do., preferred, 16,300; Chicago, Rock Island and Pacific; 1,290: C., C. and I. C., 900; Delaware, Lackawanna and Western, 15,400; Delaware and Hudson Canal, 1,150; Erie, 44,710; Lake Shore, 22,270; Michigan Central, 8,3! Milwaukee and St. Paul, 8,600; do., preferred, 11,300; Missouri, Kansas and Texas, 2,900; Morris and Essex, 500; New York Central, 2,020; New Jersey Central, 2,500; New Jersey Southern, 300; Pacific Mail, 430; Union Pacific, 400; Wabash, 1,220; Western Union Telegraph, 11,450. Money on call lent at 4a 5 per cent and closed at 7 percent. The following were the rates of exchange on New York at the undermentioned cities to-day :— Charleston, none offering ; New Orleans, commercial, 14 @ 5-16; bank, 4¢; St. Louis, par; Chicago, quiet; buying, 1-10 premium; selling, 1-10 premium, and Boston, 25c. premium. Foreign exchange was quiet and nominally unchanged at 4.82 for bankers’ long and 4.87's for demand sterling. Actual business was at concessions. * Gold sold at 100 1-64 all day. The borrowing rates were 1-64 per diem to 3's per cent per annum, The gold department of the Stock Exchange was ended to- day. The gold clearings at the National Bank of the State of New York were:— Gold balances.... Currency balances. 1,870,750 Gold clearings... + 80,140,000 Government bonds were strong, except 1867's which were weak on the call issued by the Treasury’ They closed at the following quotations :— $1,834,000 Bid, United States currency sixes ........ 110g Untited States sixes, 1441, registered. 10634 United States sixes, 1881, coupon... 100%, United States sixes, 1867, registered. 10215 United States sixes, 1867, coupon.... 1054 United States sixes, 1464, registered . 105 United States sixes, 1868, conpon.... 108 United States ten-forties, registered., 10814 United States ten-forties, coupon.... 108 United States fives, 1841, registered... 10674 United States fives, 1881, coupon... 1064 United States 40's, 1801, registered, , 108 United States 45's, 1801, coupon... 106% United States fours, 1007, registered, 90% Mg United States fours, 1907, coupon. ... 10035 10045 The London advices reported consols at the open- ing at % a 95 and at the close at 95. United States bonds made a further advance of 14 a 14 10744 for 45's, 105 for 1867's, 11044 for ter 10044 for fives. Erie advanced %, to 223;; preferred, 14, to 964; Minois Central, 1)4, to 82; Pennaylva- | nia, %, to 33';, and New Jorsey Central, 134, to 34, The Bank of England gained £42,000 bullion to-day on balance. At Paris rentes rose to 112f. 924s. State bonds at the Board wero 1 per cent lower for Louisiana sevens, consols, and steady for North Carolina sixes, special tax, third class, District of Columbia 3.65's sold at 79a 794%. In railroad bonds the largest transactions were in New York Elevated H The next | Railroad firsts, which advanced to LOY. largest transactions were in Canada Southern bonds, which advanced to 77. The other changes were as followa:—An advance of 1 per gent in Mitwaukee end 8t, Paul (I, aud D, division extension). Alton and Terre Haute second preferred, Wabash convertible assented and Illinois and Southern Iowa firsts, ex- coupon, % in Wabash firsts (ex coupon), 34 in St. Pant sinking funds, C., C. and I. C. firsts and Northwestern gold sevens, and }; in Union Pacific firsts. The closing prices of Philadelphia stocks were:— Asked, City sixes, new.........+.+++++ 116 United Railroads of New Jersey. - Pennsylvania Railroad. 334g Reading Railroad... 124 Lehigh Valley Railroad. . ; 333, Catawissa Railroad 34 Philadelphia and : 8 Schuylkill Navigation preferred...... 54g 6 Northern Central Railroad. oi BY . 5 14M x 5 . 10% Central portation........ 2 48 4335 ‘The sales of mining shares at the New York Mining Stock Exchange were:— FIRST CALL—I1 A. M. 100 shs Hukill 100 a 20 100 ds 100 Lacros 100. 100 Julia..- 100 do. SECOND CALL. 500 Lac 3.35 500 3.35 1000 Ber & 8% Hale & Norcross... Julia Consolidated Justice. ; Mexican... Ophir... Overman ‘ Raymond & Ely. Chollar. teseses ATIG Bavage....... Cons’dated Virginia. 8° Sierra Nevada. Crown Point........ 33, Union Consolidat Eureka Consolidated 32°" Yellow Jacket. 4% ‘The report of the Long Island Railroad Company is as follows:— Stocks and Debts. 1877. 1878, Capital stock, as by char- ter.... $3,300,000 00 $3,300,000 00 Amount of stock sub- scribed... 3,260,600 00 Amount paid i 8,260,600 00 Total amount stock paid in. 3,260,600 00 Funded debt. + 1,853,850 00 1,881,750 00 Floating debt . 952,367 311,157,260 70 Total amount and floating debt..... 3,039,610 70 Average rate per annum of interest on funded debt. 7 per ct. 7 per ct. $76,500 Atlantic avenue certificates, included in funded debt of $1,881,750, are held as collateral se- curity for a portion of the floating debt. On October 23, 1877, the receiver was appointed, and took posses. sion of the property October 26, and, as nearly.as can be ascertained, the floating debt of the company at that date was $1,103,309 91, exclusive of interest on the same. Since the appointment of the receiver there has been a large expenditure made by order of the Court, for the payment of real estate mortgages; additional rolling stock, opening Front street and alteration of depot at Hunter’s Point and depot at Bushwick. To make aconnection for the Brighton Beach business, a track was constructed connecting the Long Island Railroad with the Brooklyn and Jamaica Railroad at Berlin. On Atlantic avenue ad- ditional gates were required and constructed, and at Flatbush avenue it was necessary to acquire more real estate and extond the depot facilities and tracks to accommodate the increased business at that point. The floating debt of $1,157,860 70 is subject to a credit of $25,728 57 due by the Southern Railroad Company October 26, 1877. Earnings of Long Island Railroad and Leased Lines. 1877. 1878. $957,345 66 $1,022,796 09 442,328 08 427,298 27 28,643 83 25,308 49 20,591 63 13,505 96 307 72 163 65 1,243 39 1,715 35 «+ 23,715 93 16,268 79 From sales of old material. 24,557 03 23,920 33 Rents of buildings, land, newspaper privileges, &c. - 6,337 39 Total.....+..e00ee + - $1,498,733 17 $1,537,314 37 Less proportion of earn- ae for other roads and ferries...... ae 25,555 26 39,400 07 ‘Total earnings + $1,473,177 91 $1,497,914 30 Operating Expenses, 1877. 1878. Maintenance of roadbed, railway and structunn, machinery, equipniad and cost of fuel, inclad- ing supplies on hand... $553,045 72 $572,276 89 Wages of _ trainmen, agents, clerks and depot laborers, advertising and printing, oil, tallow and waste and lighter- ere sees 960,112 36 240,896 14 Waxes of porters, watch- men and switchmen.... 41,712 64 71,482 28 per- . 3,550 14 4,865 94 27,182 67 40,596 74 946 99 22,137 85 2,950 20 13,991 65 11,976 32 6,369 85 _- 26,901 68 $1,090,477 04 $1,000,019 02 412,700 87 497,895 23 Proportion of working ex- pesses to gross receipts. 72 perct. 66%( per ct. Summary of Earnings and Ezpenditur Earnings. 1877. 1878, Receipts from all sources.$1,473,177 91 $1,497,914 30 Expenditures. Expenses of transporta- jon, inclnding supplies on hand. . $1,060,477 04 $1,000,019 02 174,134 22 196,606 41 Rentals of other roads. 435,801 04 145,614 20 Construction and equip- ment.........+.+ + 688,266 45 126,336 56 Account of funded debt. . - 20,000 00 Account of floating debt incurred previous to October 1, 1877......... - 104,688 73 . $2,358,768 75 $1,593,314 92 The following are the receipts and disbursements at the office of the Assistant Treasurer of the United States at New York, for the month ending December 31, 1878:— November 30, 1878, by balance.........$174,068,091 52 Receipts during the month— On account of customs. $6,380,307 64 Gold notes.... 2,500 00 Internal revenue. 140,249 00 ° Certificates of deposit, sections 5,193 and 5,194 Revised Starutes Post Office Department. 3,805 00 173,455 27 16,603,803 92 581 75 1,525,760 99 10,010,434 53 278,938 26 2,157,390 92 522 35, 41,109,004 63 $215,297,126 15 5 . 414,459 49 Disbursing accounts... 11,363,134 13 Assay Offico..... 626,213 34 Interest accounts, viz.:— Tn coin....... 8,482,130 19 In currency. 1,025,579 52 49,093,183 04 es eeeesesesee $166,143,943 11 Balance. Balance to credit Treas- urer United States. ... $14,664,314 76 Balance to credit di bursing accounts...... 20,187,723 63 Balance to credit OMCO. ss. ceeceececseees 2,201,184 72 Balance to credit interest accounts, viz.:— In currency......... 00 166,143,943 11 Receipts for customs in the month of De- ember, $6,161,712 43 Receipts for customs in cembor, 1878 6,890,907 64 Increase in December, 1878, oes $914,596 21 The following is a statement of the business at the United States Assay Office at Now York for the month ending December 1, 1878:— Deposits of gold— Foreign coin. . $130,000 Foreign bullion, + 60,000 United States bullion. + 670,000 United States bullion (redeposits) . 83,000 Jewellers’ bars. . beneeeeege «42,000 ‘Total devosite.. eevee $990,000 United States bullion (redeposits) Colorado... ‘ Total........., NEW YORK STOCK EXCHANGE SALES. | Tvuxspay, Dec. 81, 1878, BEFORE CALL=10 A, M. a ‘2000 Northw ¢.¢ gb... 10343 50 sts Del & Hudson. 37% 100 0... 37 100 Quicksiive 1g 100 Fucitic Mail 14 600 Western Union... 95 200, c pared 525 di 95: 300 600 a 1000 Erie, 2000 de 33 adgeuuusauvaqagaesessstitias Reyne eS y 42 Pi A 42: a! 42 42 42: 2 28 22 1 78. Et 25! $10000 US. 6" 000 US 6" W:5 A. M. $2000 U 8 434's, F, "91.6 104% FIRST BOSRD—10:30 A. M. $1000 NCarGisstBel 21% 100 shu Tilinole Cen..c 72% 10000 Dis Col 3.65's, 4 40N Y Con & Hud. be 11 7 be G8 * 15 do... opg 113 peste a8 7) td 10 sf 10 P. L&D dex 101 V cog by I me 07 v2 Ot 2000 Mich South s 7000 Can South Lat 300 do. 100 Union Pac! 100 Chi & NW. 200 Dd, we 5000 G, C'& TC 1 1000 Alton &TH 2d 1000 1, & Nast con, 88 105, OK & UT, 6000 Tol&W 11 do 4 1000, C, C&T. be 200 Canada South..be 100 do . 200 Chi, M & St P.besd 900 do. bs 5000 | do. 14000 Tol&W ¢ env, xe 10000 Tol & W 2d, x: 00 TIL & So T 1st, xe r g BOI ted int 103% 400 $000 Erie & Pitts con 5 2 Pei ET,Va Sos Ist tos 2 new 110 Bk 75 be 463 Wells-Fargo Ex.be 95! 100 Adams Express, be 10533 500 6 New York Gas, Bo Pree ssea3sS BEE BEFORE CALL—12:30 P. M. 67 100 shs Mich Con.....¢ 33. 200 do....... 104% 1700 Lake Shore. St & M1.b3 87 1000 do Shore d b. do 10000 Mo, K & T 1gv00 Yo! & W1 fasssss22 WwoNY 20 100 C & Hw a ag Ses e272. ogegee Pry 10000 US 5 v000 US 5 #22000 La 7's, con. do, tin’ with int certf, 4000 Mil & St P Ts va 0 div 1000 Mase PC. 15000 Can So Let ‘A&W cn evt, xe. UO 5000 NY Blavated Ist 104%q 400 gov, St Mim lst. 87. BOW N'Y © Lat, e...bd 121g YOU 25 shy Amer EX... b 55 > ooW 2 e| m luo do. Bein we AE MO Chiat MP picbe « Wester on! WS, baie har ih 200 Wabash be 2 bl 200 Del,Lack& West. be 10 lo, 42) 106, C &TG. 20 TO 3 PB 600 ahs Mich Contral too do, oo do. 600 Del & Had. 400 Western Union iw 1100 (CONTINUED ON NINTH PAGE.1