The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-31

and ~; Sps:a that re ss:: n
s0svishssss iis1 e. yss. q e: Mayor. 60.
bsb SfSf ssD ovIsPs sHfi SilfSs
Assistant Alderman MAsBArT thea moved that the re-
solution do now pass, notwithstanding tho veto Of the
Assistant Aldermen Woodward and Barker were on
motion excused from voting The resolution then
The Board then adjourned until 70 morrow, ct p. H.
Further Proceeding. in the Broadway Rail-
way Case.
SUPERIOR COURT.
Before Hon. Judge Emmett
The Mavor aldermen o,d commors,sv o. ne cv oS Ne,c
York Upon the annexed anidavits and the summons
complaint and Dunction served in this action on the de-
J. Barr william NJ Ty.sa kicSssS Compton ' vii
Denman william h. Cornell. John Dohsrty ana William
Peck show before Of the Justices Of this
ecu 81 .psS. term 70 Ds held T. the c a: In
O'Clock, r., why attachment should not be issued
against them and each Of them for contempt Of Court
In the injunction issued and served ON Of
them in this sction. n. EMMETT,
New York Dec 80, 1852,
City and County Of Mv Pork, ss.-Henry Hilton, one
sworn eays That the evening ofths 10th Of December
instant the Board Of Aldermen Of the city Of New York
met and In defiance Of injunction order granted in
this action and annexed hereto the following aldermen
to wit :Abrabam Moore Of First ward: Dudley Haley,
Of Second ward Oscar W. Sturtevant Of Third ward
ward; William NJ Tweed. Of Seventh ward Richard T.
Compton Of Eighth ward William j Brisley Of Ninth
Ess 6h.,ss q n Tenth a. ward Wesley smith
bel A Denman Of Sixteenth ward; William 81. Cornell,
Of Seventeenth ward John Dohsrty of Niseteenth ward
Of said board and majority thereof proceeded to and
did pass and adopt grant and resolution authorizing
and granting to Jacob sharp and Others the right ss.
known Broadway in said city such grant and resou
ton being the the annexed to the complaint
in this action and marked Deponsnt further says.
that said aldermen above named with the exception of
CHARLES Francis and John Doherty immediately there
after passed and adopted preamble and resolution Of
which copy ia hereunto annexed marked A. And fur.
ther that each Of said resolutions adopted and pass
cd upon the motion of said stmtevant who at the time
had copy Of It in his pocket '' HENRY HILTON.
Sworn before me, this soth day Of December, A. D.
Here follow the resolutions presented by Alderman
Sturtevnpt at the Board ef Aldermen, on Wednesday
evening, and reported In yesterdays HKRALD1
C.,y and County q Ns0 York .s,Willam McMurray,
Of December 1854 be served . copy Of the summons
herein, together with copy Of the annexed injunction
Aldermen, and Alderman Of the Eighth ward Dudley
Haley Alderman OF the Second ward william J Brisley,
the Eleventh vara; and James Bard Alderman Of the
Fourteenth ward by delivering to and leaving with each
Of said Aldermen respectively, copy Of said summons
Of them the annexed original injunction order And ALSO
that the 10Th day Of December 1852 he copy
Moor Alderman Of the First ward; william M Tweed,
Alderman Of the Seventh wsrd; and William II. Cornell
q the nth w Sy T. end
summons and Injunction order at the time showing
to each Of them the annexed original injunction order
And also that on the 2Sth day Of December 1852 he
served cory Of the summons and complaint In this
tion, and Of said injunction order Ambrose Kpgs-
land Mayor Of the city Of New York by delivering
leaving with said Mayor copy thereof at the same
time showing to him the ANNEXED original order
Sworn before me this Soth day Of December. A. D.
1852 CHAs FRASER, Commissioner Of Deeds.
City and Co~stvef Ne,c York, Malcolm Campbell Of
eid oit being duly swoIn Gays That on the 2eth day Of
together With copy Of the order
Oscar ". sturtevant Alderman Of the Third ward jacob
Aldermen Of the Fifth ward JThomas ;. Barr, Alderman
Of the Sixth ward; L. II. Ward Alderman Of the Fiji
tenth ward 4ionso a. Ai1ord Ad.r%.n Of the ' E l
tenth ward John Doherty, Alderman of the Nine
tenth ward; end willism J Peek. Alderman Of the
Of 81 Id Aldermen respectively copy Of said
and injunction at the wing to each
Of them the annexed original DjqDesS1 e,dsI
Sworn before me this Both day Of December 1852
CHAs. FRASER, Commissioner Of Deeds.
II appearing from the complaint in this action, duly
verified that the plaintiffs entitled to the relief de-
manded in the said complaint and that such relief
ssts in restraining the defendants. hereinafter pro-
Now therefore in consideration Of the premises and of
the particular matters in said complaint forth do
hereby command and strictly enjon the said Defendants
the Mayor Aldermen and Conmonalty Of the City Of
New York. their coueellors attorneys, solicitors and
seen, and al others acting In aid assistance of them
and each and every OF them that they and each OF
them do absolutely desist and refrain from granting to-
or in any manner authorizing Jacob Sharp and Others
he persons named in the resolution Of which copy
Is annexed to said complaint and marked b. their
sociates any other pereon persons, whomsoever,
the right liberty, privilege Of laying double any
said city Of New York from the South Ferry to Fifty
seventh street. railway Whatsoever In said Broad
wSy and from breaking or removing the pavement in
said street. or in any other manner obsructing said
street preparatory to for the purpose OF laying
tabshing any railway therein until the further
der Of this Court In the premises And that the defend
snts show special term of this Court heldein
the City Hail in the city Of New York tbs second
Monday In January at the opening Of the court
that ss soon as counsel can be heard
why this Injunction order should be mado perpetual
WILLIAM w. CAMPBELL.
Dated, New York Dec q, 1862.
OPINION OF DEFENDANTS COUNSEL.
We have examined the complaint and injunction in
this and Of opinion that the injuncton does
rot restIai the Common Council from passing the
luton in question not withstandinS the veto Of the
Mayor.
HENRY DAVIES, DAVID DUDLEY FIELD,
S. JONES, EDWARD SANFORD,
F. d. CUTTING.
OFFICIAL NoTcE.-The following notice has is
sued from the Department of State, under date Of
December 2S:-
The following decree of the King Of the Two 81.
cilies, transmitted TO this department by William
Winthrop, Efq United States Consul at Malta, Is
published for general information -
10 OF the regulations concerning the port Of Mens ap
Of in which indicated tho articles