The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1849-04-26

I8nts buu remeule6 VI perttos oBulubC MIN ZOE
embezzling their Moneys collected by him, nor the
power Of the Court to innict punishmsnt BY way
not assent to ths doctrine set %D in the third point
raised on behalf Of the Deputy, that this specie
or saro not bound to into
IN the depoitions composing the large sum in quss
ton were all legal currency under laws; they were
money the same as coin of the United States mint By
ne aw OF this State the sheriff can levy on money or
bank bills and must retsin and psy them over e 20
169) The case Of Knowton VS. bartlett, LIST Peek,
III was that Of money embcsrod by the deputy sheriff
The process In his hands attachment, the
same, In effect as the attachment and monitor issued
IN this cause There was necessity Of changing the
and the officer bound to pay It into the court as
sacn. Is contended the proceeding is not supported
ncnt Of the money Into court, while tn. statute d.
rects that they shall be deposited In Incorporated
is only a different phraseology for the same act
and the Same result. The purport and object Of
the motion to place the money the control Of the
court for the protection Of the parties litigant, and
the order might be modified so as to conform to the
language Of the statute, II that was necessary
1871 directed the deposit Of moneys paid into court in
an Incorporated bank to be designated by the court
Bank such dcpositors st leaving to the courts
designate state banks when branch of the U. 8
ton Of the charter Of the u s Bank this court desg
mated incorporated banks In this city for the purpose
Bank and the Bank Of New York are the only ones ap
pointed The I'd section OF the act Of 1917, requires
the money to be deposited In the and to the
dit Of the court. The Marshal may undoubtedly fhs
elects so to do proceed directly to tho appointed bank
md place money collected by him deposit without
form provided the bank will accept 1t from him But
1t is manifest that orderly and accurate
method of conducting their business and keep
ing their accounts so that all parties in in
tcrest acquire the inspection they need in
st to the deposits and to the fund shall be conhden-
TALLY in public keeping Is Indispensable The courts
in this district require that end that the moneys
| paid into court and be deposited by the clerks
under the title of the to which they appertain-
The court, such keeps no bank account, and there
no great deposit of moneys to its credit Every de-
post is specific and special to the credit of the
out Of which the money arises part Of this money
be drawn but by order Of the court entered the
minutes signed by judge and then checked for by
the clerk These minutes and records are open to in
specon by all persons in interest IT, then the money
is in the first instance carried by the Marshal to the
bank II will be necessary to redeposit II under the
order Of the court in the manner provided for keeping
the accounts and for the safe and disbursement
Upon the law Of the am clearly Of opinion that
the United States Attorney is entitled to compel Mr..
Peck to the in question into court under pc
cdy want of some formal steps to entitle him to
peremptory order to that effect No order has been
served personally on him, Peck, which he has DISC
tumacy before the Court Sufficient is shown upon his
proceedings and to justify an order or an attachment
against him before the Court to answer 1t 10 accord
| ingy directed that the United States Attorney may
take order him. Peck that he forthwith pay into
Court the money in question; at his election he
| may have an attachment to bring him peck into
Court to answer interrogatores the subject matter
1t not made to appear upon the proofs submitted to
me- that the Marshal has personally been guilty Of any
delinquency. though he IL answerabe for the acts OF
his deputy, done under color Of his Office, although
without his knowledge and, in respect of moneys col
have his remedy by process of attachment against the
Marshal personally, There is a want of full for
mality, also, In this instance Of the proofs
sary to found motion; for pcremptory attachment
or the purpose of bringing the Marshal before the Court
MIR. Thompson Is affidavit showing cause in excuse Of
himself The exculpatory matter set up will not pro-
ect him against an attachment unless 1t appears he
| (Pech Chained pOsacssiou of the tOrtiOuglv
and in fraud Of the Marshal's rights The court
Not upon the statements Is, laid before it. cay that
| shal may be compelled to answer interrogatories
whether the late deputy had not adequate powers in
this behalf to take upon himself the possession and
control Of the money AS the evidence Of the pre-
limnary steps does not entitle the applicant now to
to have been any personal delinquency the part Of
the Marshal shall direct that order be entered FOX,
him to pay the money into court before the first
of May next, or that attachment issue against him
| The Fine Arts.
Curious SALE OF PAINTISGs-Thc sale Of the paint.
ngs Of the gallery Of NJ De La Forrest late Consul OF
France, commenced yesterday at his residence in Six
select but the paintings generally at small prices
They were not very well arranged for close examine
ton, but many Of them evidently works Of the
old masters. Among the finest pieces offered, an
original by Raphael, in miniature, painted on Ame-
represented two sagss with child standing between
them: No bid was made for it. as 1t was announced
valuable sold were View of the Island of capua at
the mouth of the Bay Of Naples at sunset" by Penot,
and a" View Of the Lighthouse Of Galtevle. near
| Cherbourg' each Of which brought $500. The work
was executed in beautiful style small painting en-
titled the Abandoned House, by Wouvermans was
splendid picture, and painted to life Though small
and not likely to attract much attention, it readily
brought 500. most curious specimen Of fresco
and Joined, under crystal offered but in conse,
quence Of there being no bid as high $500 it
| Withdrawn. The whole number sold was l2j and
eighteen withdrawn, not because they were yery
valuable, but upon many Of them there was not bid
The whole amount for which they sold $3,sol 81
Most Of the choicest paintings not offered but
will be sold to-day Many of the pictures are really
valuable aud there Is no doubt but the spirit for bid
ding will be greater than yesterday These paintings
aethe collections Of twenty years and the gallery
the most perfect private one in the country
iNTELLIeENcE FROM BUENos AYREs-The bark
Tiberias, Capt IIurd, arrived at this port this
morning, bringing dates to the 18th of February.
and the British Packet newspaper Of February To-
The rate OF exchange on the United States is
eaied At tour per cent discount Highest price
talns the following items of INTEREST,"
The British brig Jane, which left Liverpool
September 18th for Buenos Ayres, with seventy
two Irish emigrants, got aground on the English
Bank on night OF February 4th. Tdngs having
reached Montevdeo, assistance was despatched,
and sxy-seven of the passengers were brought to
Buenos Ayres, the other five having died on the
passage out from scarcity Of water and provisions.
video IN the month of August last for Valparaiso
is stated to have delivered no mail on arriving at
the latter port Some time after, fisherman drew
up in his net box to which two cannon balls were
attached, and which, when opened, proved to be
the mail sent to Valparaiso by the Gorgona This
discovery has led to the arrest of the commander
OF he Gorgona, but nothing farther has TRANSFERRED
TO elucidate the mysterious occurrence
The Packet relates strange incident which oc-
| CURED few days previous in the streets OF that
CITY. A man far advanced in years, had been en-
poyed to convey box to certain part Of the
| city, but on his way fell dead in the street. The
box which the dead man bore was found on exa-
mination e contain the skeleton OF child, and the
| skull and some other bones of an adult. An in
| veetigation ensued, when it appeared that Don
Roman Duran, a native of Catalonia, married in
Buenos Ayres, many years before, wealthy lady
| called Dona Isabella Romero, for whom he pro-
fessed the most tender attachment. She DYING
Duran obtained the skull and other bones, which