New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-02-28
'urned until Monday At II o'clock A. NJ.
SUPREME coURT-oExERAL TrRx.

sEcoSDAv. RAILROAD.
Gerard Suyvesaut Denton Peasa Joseph c. Skaden,
Absshsu B. Rspelye Wm L. Hall Richard T. MilliE,a
Charles Miller Daniel J. Sherwood. Abrsm Alles and
Henry Clifford u.nteeSl and the Mayor, Aldermen and
Commonalty Of the City OF Sew-York.
Notion for junction 20 restrain from proceed
ipg In the construction Of the Secondsy Railroad Al or
der granted for the grantses &c show why
injunction should not issne.
Mr. stuyvessnt complains his behalf and that OF
al other the line of the projected road. lie sets
forth as IN the case Of the eopss 70 the Broadway
Railroad the enormous increase Of which he attri
buies TO the waefu neglect and expenditure OF tie Con-
mon council and s aeenisstste- that resolutions were
psed giving defendants the privilege OF constructing
railroad commencing IN secondsv. It Fortyecond down
seeoId av 10 ard through st 70 Firsav 70
andtlrough Allen 70 ard through GrEnst and through
the Bowery to Chatham q across Chshant to and through
Ohvtrst 70 AID through South and Rocseveto aud
through Front Peck sp-returning trough Pearl Chat
ham. Bovery Grand and Chryse 20 Second and inter-
sect at st. srd from Forty second St through
Second-av Harlem rver-to be srooved rails at
specified periods with horse power below Forty S.
I'd TO charge more than Eve fare below Forty
seconds-ra to be srooved and street track kept in
repair Gc-to be completed 10 Forty secondst within
year from the date Of the giant and Harlem in three
yearthe Common Coupcil to have the right any time,
10 regulate the fare for the road
Mr. s complains that the Committee Of the Board Of As
sstants advertised that they would specified tne
place hear objections but the Committee did not ap
pear although number Of remOnsranis were present. and
leaning accidentally aerw ard that the Committee TO
meet Of the enonstran appeared and asked 70 be
head but rudey treated and told that II Of no
oppose the making Of the grant, the Committee
had made up their minds 70 report IN faver OF &c and should
report accordingly After being passed by the Board OF As
the board OF Aderfnen,
cd in by the latter Board but that proceedings Of Board
Of Aldermen void for that month, after 9TH OF Novem-
her, they having adjourned, when the aw says they shall
not adjourn for than three days Om Thursday 4h,
Monday sh November II IL alleged that some of the
through which the rail track 20 are too
rev for railroad also that Chrystie Allen BOsery Grand.
Chatham Oliver and PesIlstS coded 20 the
City, and only b. used IN common publ highway
end that First and Second avs, Twentythird, aud
South and Front the Corporation hold them IN trust
q hi ghway for the general benefit of the City
IL planned also that the railroad Will bsa nuisance
OF the streets encumberng the street 80 10
prevent coming the dooIs &C. and will cause per
sons 10 remove.
complained that grant Of immense lucrative aivan
tAge has been 20 Individuals without conditions
bit the rght Of the foreve beyond the
control OF the Common Council tse, which the Common
Council had rght give and the grant Is therefore void
Ii Is also alleged that IL the Common Council had the
raht au honle Taroad duty according the trust
cOnfded members instead Of giving e 10 few men,
believed in instances 20 be OF means and the
grant in reality intended for their benefit but that of
others that the Corporatioi should have laid the rails itself
OF should have up the right TO construct TO the highest
bidder In either Of which many Thousands OF dollars
would have been secured TO the City TO assist ia paying IT'S
current expense
Alienation of fraud, &c are set up.
The Argument called up Friday, but motion OF
Mr. Brady, adjourned to Tuesday next.