The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1848-02-21


York "A case involving the question of liability on the
part Of the Corporation for the acts Of the Public Ad
Court in which rom tho Importance Of the principle
have been at pains to tho
opinion Of the court Tbs facts as we have ssosrtsinsd
dying intestats William NJ Mitchell who then Pub
lc Administrator of the city Of New York appoint
ed by the Surrogate to administer upon his effects An
action trover after commenced by the pub
lie administrator against Edward c. Matthew tho bro
Their of deceased charge Of converting to his
own use the effects latter The suit seems have
been commenced without shadow of evidence and
brought TO trial. but after having been pending
about wear was virtually abandoned, and Judgment,
az In of nonsut, entered against the plaintiff
The Supreme Court on motion awarded costs against
the public administrator in the usual FORM to be col
ected of the assets of the ntestate Or failure Of
these Of the pro psrty of William NJ Mitchell personally
When the Judgment for the costs entered, 1t was
found that the assets Of William A. Matthews had been
entirely exhausted, large part having been paid for
prosecuting the suit In question to attorneys pup
lie adminstr ators selection 1t thus appeared that
the party first sue groundess charge OF appro-
pratng his brothers. effects and these effects were
then expended in prosecuting the war against him E.
C. Matthews fnding that nothing remaned Of the e.
tateand the public administrator who brought the SUIT
the Common Council for the amount of costs due him
The petition was referred to committee, who, after
keeping the matter under several months
finally reported against the claim under the advice a.
understood, the former counsel for the Corpora
ton An action was then commenced against the Cor
the revised statutes The defendants demurred to the
declaration, assigning varous special Of demur
liable the acts ofthe public administrators of the cha
racter charged in the declaration The demurrer was
sI{ by Hon W S ns
By THE CouRr-Uudge Vandsrpoel 1.-The causes Of
demurrer stated numerous but the main questions
are LIST Is the responsibility the part Of the city for
the acts Of the public administrator direct is 1t col
lateral? I'd. Can the action of debt be sustained? Sd
Was 1t necessary to that application made to
the Surrogate for leave to issue execution?
The Mayor, Aldermen and Commonalty of the city OF
New York in Common Council convened, from time to
mi tam n n va In q
may appoint public administrator in the city Of New
York who shall hold his Office during the pleasure Of the
Common Council. "a Rev. Stat. ll6 Sec l.
By the AID section Of the statute page 1871 1t Is
provided, that the Mayor, Aldermen and Commonalty
BILE for the application Of all moneys received by the pub
lie administrator according to law, and for the due and
faithful execution of all the duties Of his 0dce"
The 4sd section gives the remedies against the
Corporation for all persons sggrieved BY any
lied acts omissions Of the public administrator as
they could have had against any executor.
The A4th section provides that 1t shall aud may be
lawful for the Common ounc Of said city to give such
directions and make such rules and regulations for the
government Of the said public administrators, a. they
may from time to time deem necessary and proper TO
statutes which provides for his appointment and pre-
scribss his duties
The statute makes the defendants absolutely and un-
condtionaly liable for the application of all moneys
received by the public administrator according to law,
aud for the due and faithful execution Of all the duties
or his Office This would seeem to be direct and pr
mary liability and not collateral and secondary one
The public administrator the creature Of the defend
from him bond to them, with such eursties shall be
approved by them.
general supervisory power the public sdministra
and looking at the whole scope and purview Of the
statute think he stands in the light Of agent Of
the rather than that Of OF the State
The defendants therefore, directly responsible to
sggrisvsd by the acts or omissions Of the
public administrator for the due and faithful execution
Of all the duties Of his ONCE. The obvious intent OF
the statute to extend the liability Of the Corpora
ton every case where party prejudiced BY the
give the party injured remedy against them when
ever right OF action has accrued against the puoc
administrator through any violation OF the duties OF
his onice.
81. Is the form of action right? Can the plaintiff
this action. Chitty says Chittys RI ss, that debt is,
in some respects extensive remedy for the re-
Of money than assumpst covenant 1t lies for
legal liabilities, for moneys due simple contract
whenever the demand Is tor sum certain, or capable
Of Deing readily reduced to certainty Ths asoa ths
plaintiff in the suit against him by the public admins
trstor Regarding the responsibility OF the defendants
direct and commensurate with the official delinquen-
public administrator we see no good objection
| to the action Of debt
3D. The obs that the declaration does not state
that the judgment for costs given n special spp-
cation to the Court is equally noticeable 1t is enough
necessary to set forth all the preliminary
making the record cannot be necessary to state
that the costs were awarded on motion made at the
special term Of the Supreme Court The judgment OF
Court and the personal liability Of the public admins
traitor for costs sufficiently set forth in the decara-
/
most prominent among those taken by the defendants,
and are those apparently most relied upon by them on
enough say that have given them full considera
ton, and think them unteDable There must be judg
men for the plaintiff with liberty to the defendants to
plead on the usual terms.
rive understand it Is the intention Of the Corporation
to carry the cause to the Supreme Court
To EDITOR THE New YORK HERALp-
MoDEI ARTISTS when this ,p.cie' Of amu.emsn:
taken by drapery SO in order that nothing oeneive to
modesy opposed the principles of morality should
be exhibited but from the character of the audi
that being miscellaneous and composed of high
and low moral and immoral, dissatisfaction soon be-
came apparent and Misses from all quarters evnced the
depraved cries for drapeyn The respective
managers peroeivpg the feelings of those who patron
| lied them began, by degrees to meet their wishes
aocked from all quarters to behold the desecr.
ton of humanity, and is has nstgated almost every
oafer and dssoute character to establish similar
billions throughout almost every lane and alley of this
city This grant was foressen by you sir and an art
Gle appeared in your excellent and truly ipdepcnden,
journal decryiug euch indecent exhibitions and at the
same time instancing the similar progression Of mas
querade balls Sc but it has not to this period re-
suited In the Legislature enaotiug law to prevent out
upon the feelings of the moral and religious people
Of this city who rensby alive TO the bad impressiont
susrded membrs f sooiety Eyery clsTeymsn from hi.
pupitevory father who loves the honor aud virtus Of
member OF the is bound
to enact laws for the moral government and well benz
Of his constituency should raise their voices In depre
cation of such unholy pursuits and brutal actions,
which infinitely barbarous than thing eve
| presented In the Roman amphithestre. With hope
sir through your extensively circulated That these
observations may reach those in power, snd stop this
| odous exhibition, remain yours. Civis
MEXICAN MOVEMENTS.
Extract Of letter to gentleman in Washington, fur
nished to correspondent OF the Nsw York Heratd
| TUSCAN, jan. IL, 1Si7.
Dear Captsin-I herewith send you q" pronunciamen
tor issued at this place and the neghborhood, which
shows the disposition Of the people better than any
thing else can send you II you think proper you car
have 1t published. There at Tamigsn about s0t
Mexican troops and they are rising all over this sec
ton of the country Santa Anna IL supposed to o.
now fitting out to take it. You will doubt hear Of
pretty fight 100 sailors under the command Of Lieut.
Maynard, are TO go with the expedition. They have {