New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-03-29


nand mace, aid 10 pay the proceeds of the sale Of
such properly and any moneys that may be collected
in any such suit, into the County Treasury, for the
benefit otthe Door" The consequence therefore, Is,
that II this property Is una wiully offered for dstrbu
tion the ground ina. lottery the title not only
OF the corporation but OF each individual corporator
has been Invested and night to II belongs at this
moment 10 the people Of the State, sod tne motion
OF the District Attorney at present is not 20 try the
question but to enforcehe provisions of tue staruse
Ii the plaintiff right ing that this lottery
then he has no interest at ala 10 IT, and mas no more
night to have an Injunction placed on II than total
stranger would have.
Mr. Sanford, plaintiffs counsel, replied that he
had prepared what he had supposed TO De a consld-
sive to these objections but az tae poin. WAS
not made on the other Size. he had not of course,
been called on to argue the matter before. IL was
stated that 1t would be conceded. Mr.. Bennett had
all the night which Mr. Hoe originally had and there
fore he had not referred TO tais matter In tue argu-
ment, but he would no addresst 10 the Court his
sweTs to the two suggestions made, and which he
supposed to be conclusive this question. Pain
Nfs answer Is. that IL this association have
thority to put up and dispose OF this property BY
means of lottery, rattle, or by any operation Of
chance then the &C, OF putting /. up for the purpose
OF such distribution 10 Il individual act OF the man.
cannot be deprived of their right by reason of the
Unauthorized act OF those who are temporarily en-
trusted with the management
Judge Duer-How can this be- when the feature OF
the distribution Is not Unauthorized act, but pro-
ylded for In the constitution of the society, and IL
recognized BY the Act of 1874!
M. o0rd/erd-Ino AN Union IL recognize A y
company having Constitution, but II Is also recog
nized as a company having all power to change then
Constitution. The law OF 1874 was one merely
regulating the time when the distribution should
take place, without saying anything as 70 the
mode Of this distribution or course, If no pArticu-
lar mode was laid wn, then the corporation had
right to change the consultation, ana In the Act OF
le47 this night 10 expressly declared This Is the
hrst answer IL IL perfectly clear and well settled
that the unauiborz. acts of any agents of corpo-
ration do not bind the corporation submit another
answer. Suppose OF the putting up Of property
by the # the cause OF forfeiture exists, the
rights and mieres. OF the owner in the property can.
not be Invested until there is adJntictlon on 1t,
that the OF forfeiture does exist and the Dis
trict- At orney cannot maintain any action Of trover,
OF repeviD, or respas, for this property, and can
only MAINTAIN sotion founded on the statute to
have les al adjudication, that the of forfeit
ure exists. Now, this Is a settled point OF law and
l refer your Honor to the case of The New-York
Fire Department ~ Kipp, reported In 10 Wend 200,
where was decided that no nte was vested in the
State until 1t first asudioatsd mat the cause OF
forfeiture did exist The rule OF Law is that till
there is sn nquison to ascertain the existence OF
defect the tue cannot be divested Take the case
Of the alien who lay be entitled TO hold property oy
devise you cannot escheat the property TIL an In
QUESTION 10 held 10 decide the question wheher ne
10 an alien or not.
Judge Dus,-Tbatisa settled law.
Mr. SsNdford-AId In this case the principle 10 pre-
cisely the same The Art Union acquired this prop.
ery FOR perfectly valid purposes Their object they
stated, was the promotion OF art On their theory
this corporation was endowed with power to pur.
this distribution Is result OF the corpOrati0ns
action and mere mode Of disposng OF the proper
y which, nscesstafe could nor be disposed OF any
other way. II SO, this may subject them to have
their property forfeited but position is that there
must be judicial procee cing taken and judgment as
certsned that the cause OF forfeiture exists and the
judgment which should produce forfeiture must DO
pronounced before the title OF the members can DO
affected. Ifths be so, whatever rights the people Of
the State OF New.York may have to proceed against
this property that does not affect the rights Of the
parties who interested in the property to prevent
the unlawful distribution beng made II is not GER
tain that the people will prevent the distribution tax
Ing place, and that the Shareholders not 70 DO
deprived OF their property illegally because the peo
pie may have right to have 1t condemned and for.
fsited The shareholders, therefore, have right TO
II until the adjudication takes place
Judge Dusr-There are some decisions on the sub
ect 70 which yss have not adverted As the defsn-
dsnt does not desire the dissolution Of the Injunction
confess that my views as to the construction OF
the statute and as to my duty, remain unchanged.
think it necessary, however, to explain them more
fully, and therefore shan give no decision to-day
Mr. OCenor-Our dssi is, that from some de-
partmont OF the JUDICIARY we may have review OIL
the opinion pronounced In The Court OF sessions,
and for this reason l. have made the observations
which have in the hope that the Court may see
with clearness to examine and decide on the ques.
ton and Ne are ready to bow to the decision that
may be pren0unced
Nxw SHIPs.-On Saturday, at IL o'clock,
Mcssrs. Perins, Patterson g. Stack launched from
their yard, al Williamsburg, the clipper ship Ante
lope owned BY MessIs. Harbsck Il Co, and intended
for the California trade. She 10 handsome looking
craft of about ,l00 tons burden, and will be COM
handed BY Capt. Robert Shinn Her dimensions
ars-lergth, ls5 feet beam, 80 feet; hold Sit feet
Immediately after leaving the ways she was towed
round to the sectional dock, foot of Pike, to re-
ceivs her copper
Simultaneous with the above, M William H.
- tof Qnva ct
atsly opposite launched the ship Annawan, built for
Capt Waterman, and others, OF Connecticut She
is about 800 tuns burden Is $50 feet long on deck,
80 feet beam, and 10 feet inches deep. She 10 .
very fine specimen of freight vessel, and will be
employed in whatever trade will prove most advsn-
tsseous. Mr. Webb will Immediately lay down In
her place the keel of clipper ship for California, Of
about 200 tuns He has also just commenced
large steamer for Mr.. George Law, Of about 2, 500
tuns,
Me.srs Westervelt q Mackay will launch from
their yard, at the foot Of Sevonthst, &. r., this
day, the ste amer Cortes, for Davis Brooks e. Co.,
and intended to run in conjunction with the steamer
Winfield Scott on the Panama and San Francisco
route. This vessel was built under the immediate
inspection of Captain William skiddy, who also su-
perntsnded the construction Of her consort, so sue
cessful In her trips between this City and Nsw-Or-
leans during the past year. The Cortss was orisl'
nay christensd the Saratoga and intended to run in
conjunction with the Roanoke between New-York
and Richmond, Va, but her owners have changed
both her destination and name. She is expected to
be soon on her way to the Pacific as great part OF
her machinery is already on board, from the works
Of c. Morgan, Esq. Capt Thomas b. Crepper $50
command her. Her burden 10 about 500 tuns
METROPOLITAN HorEL.--An important
alteration is being made in this splendid sdihce.
The windows Of the second story are TO be cut down
to the floor, and a spacious balcony to DO put up
along the whole front Of the building, tThis I'm
provsnent was suggested in 7As Tribune oil the ssn
inst IN m articla on Street ArNhtecture.l OF the