New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-15

ihs sure, Twice IN refeferee 10 the Common 81 fom
law and once lecsBtiy IN reference to NV saith ,ft.
ing The CITY OF Rnchestsr 10 subscribe TO rsiIro ID
and also BY the Court Of Appeals of THE State.
And unca thoee decisions the amended Char.sr o.
1853 a. utterly void Of tself and he only gu ton
was whether II was Dot ratifed aod confirmed ~ Q
subsequent statute the Legislature having in J,.Be
1883 psseef an act relative TO the city, which co.,
tanned The provis'on that the act of April 1885, should
Judge +. insisted hat that did not ratify the
amended Charter. but was merely intended to remedy
defect in the Grst statute, which lei it in doubt
Whether took effect in enty days after its passage
BY the Legislature, or in twenty days after IL adcp-
III q by the people
TIE sreat eIement demanded by he Constitution as
requisite 10 the validity of every lay, pamely the viii
If The Legislature. wss still venting for the Lsyisa-
ture bad Iever expressed ia Will that the amended
Charter should become law, bu. had left ina; 70 be
de ermin,d by lie people.
MI Wnco1sop, of counsel for the Chamberlain In.
sisted that the subur sion TO the people was merely for
the purpose Of obtaining the of the Corpor ioa
TO en- ndment TO lie Charter aud that il wss cln-
pe,ent for the Legislature to pass conditional laws,
v hich this VS.
JUDI Davies decided that the memo Cd Casr,er did
Of apply to the claim of the Ciy Irp-ct ~ and ss Is
ives uost manifest that the appropriation for county
coptingen les hid been used up opy oy the Control
es cbsrgiDg vIorg items 10 II, he awarded pere mp
tory uaDcsu ne in The c-se Of Downng's claim.
He also decided that the Chsmcerla I'd no excuse
for mnking the city and county moneys together that
II vss bis duty TO keep them sapsra'e 10 psy out
Supervisor, and 10 publish every year detailed
sts nent Of ell expendi ures for county parposs dis
Lct from the e1p-I dtlIts for CITY purposes and be
in imaied that any omission Of these duties using
apy approx ration for other hsh s gitmate purpoeeI
would be en- ndieiable off nse.
He said these matters were very clesr, bnt il was
quite otherwise as 10 the validity uf the amended
Charter. That Was q very grave question, and as u
,,rolted rtry Mvob The hgG " ~ our pre,ea, Ctr
Gorertmenf, he should examine the mater carefully.
D.cision Oh that polLt re-eNsd.
r.. Ind a.
COMMISSIONER LBLiSG AUTHORITY OVER THE
HARKErs.
The People the relation OF Lewis Long Joseph Ebns
Commissioner of ana Lam Pc Matthew Iooder.os
suPerirendsnt Of Markets, and John Bsasn. est of
his cas4 !. OF unGsual interest oa mach as it in
wolves an important quetvn with ard TO The xers
Of Con nj seper Ebpg, WIZ las taseI !: mon lim'sf
70 decide who shall occupy the stsIls of Washington
Market.
I+ws Long, toe relator occupied stand No. Z,
in Washing ton Market, on the 4h Of las August, on
which day he made general assignment OF his prop
erty On the 9Th of August the I ommrsioner Of
and Lamps dreced the Superinten .eat OF Mar
kes to give permit fer Long stall 10 VIM Ma'shall
The reatcr applied to the Common Council for relief,
who referred tie matter t. COMMITTEE. O1 TIER fe-
port order as made directing the T.stora'oo OF tue
Stall 10 the relstor both Boards coucurrng. Comns-
soIer EblDg, however, refused - give effect to this
order. ,
Tie present mott, is for maudamus to compel the
r,sorauon Of the stand ID ID Field aPPearei Tor the
L. II.
MI ed mace the iolosilg poiots
l. 1har the reator being In possession OF the stan
under be {, rporaon, With its consent could not De
removed except for cause and by proc. cong IN con-
fornity With the dbun regulating tn. Deptrm .nts.
- Taat u rest luton OF The Common Council dtecs
inc the rel, or Ia be reins sled obligatory on the
dtier oans WHO bound to Iein.tate h'ni anil
3. That the reator possessed no o'hef adequate
remedy and a maud amus should therefore issue.
Mr. Field ccnt nded that the Commissioner OF Streets
sid Lamps v Sc regards the mak-ts, nere n'ns-
.raI cer having charge of the uansersnce OF sta
and that be hsd lao right g. remove Gal occuptnt OF his
own motion. That the heads Of Departments are
under e legislative control Of the & mn)n Council
whose action III tie present lbs ance was oil lesla-
tive cb.Iace'.
Commi.siouer EUllDg hiss the exclusive AMI ABSOLUTE
control of all matters leItiung TO bis departm Mt and
IL lot r. spors bic to the Common Couac fJr his con
fuct with rega,d thereto That, Dnder the smen1ei
G. srer Of 1919 possesses the power n give stal to
wb Ill lie plea 60, M d to remove whomsoever he
pleases for cry no cause. That tue Con non oua
Gil perform no executive duty but toat lts olde' Ia
IN. p was Of that character snf therefore IN
vehd Aid thai, at ell events, m,ndamus could not
i.sCe. D,cisIoh deserved.
DECISIONS.
1uF Srw-HAvES RAILROAD CASE FoLLowED-wHEs
PRIOR EQUITY PREVAILS.
Anthon ~ L. Hoqu,t ag,. The Rensselaer, County Bank
This is sn bction brought by the paioflh TO recover
from the defendants the dsnsgee tus 'ioed by him, IN
cops que ce Of Tia, il refusal t. rsIser I, hn t~eny
.b.res Of the capital stock of sad Bink, OF the par
value IF $50 each, staDdirg in the name OF Wili,m
Lsn.iig TIE cause was iIi.d by the Court ia jury
[ ial term being waved Oct ~ lSot. The following
facts were proved or sCnlited:
That the DEF, ants association, organized
upder the General Banking Law Of 1885, and toe acts
spepdatory Il ereof doing business at Lansingbarg
cate va. him therefor, being the sane stock nos
claimed by the plaintiff. in these words;
t'' M STATE OF NEw.Yosx RExssELAEs couSrY,l
LAssIsSBgRG. July H. iaot
20 shares This to certify that william L.n:ins The
o eli OF The Rensselaer, County B.uk which are usnerAoe
tanned in the Anlet. A..oei. ion OF 'ad BsI. only
upon the books aud the sar1ensr. OF thi.
cs.hsr said s.ni seion article ..d 4Ieie, q
ts ,,oei OF ihe Asoeadn ,h. pledged aud held
.e, unity BY the officers thereof tor the payment Of AL
"e no trst.fer Of any made until,
debts liabilities diseharsed And the board Of uree
debt 70 the pat sell the shares % .seh de-
nquen, .,celhCIdsI ;se,,ns {, p;y :Sss
In b.e.mte is5 Lannos e'rrowed d the P.1.n ooo
Of attorney thereof security! for .neh loan
On The tn October lss the defendants .connied note
fhe ndants claim 20 bold hi. stock bring pledged 70
.ecur. this debt iEen f claims that he Is the
owrer Il ereoi aud the defendants bound 20 aner
70 him and hasrs refused 70 90 % o are Genet for
| plsiniia; S. r. Nah for dsfenoaDts.
,pea 70 transfer hereor on the books Of BsuI
sefndAnts are liable to lin in damages Tor such refusal TO
tsp.fr ard Of damages the Lgae.t PM me
soet STAINED any time intermediate toe demAnh aIa
tisl. Thee propositions are well settled IN 'oe'cA ALA
| Of Buffalo w.. koItrshf, I'D Neud, SB 81.
Bot did the plaintiff BY the delivery Of the e.reate sad as
transfer BIZ power of attorney acquire any gtNeI nths
h,n ,ho.e bv the dill b, take such
trsp.fr subject to al equities which existed Ia relation
thereto In the han ds of the as-ignee J
Whaiee doubts have heretofore existed now tee
settled that hcses OF stock Ike the one
10 this case not 10 regarded last un-n IN
The commercial tnH by Their moor
and delivery 10 purchaser in sood faith title 10 the stock
,hrx rrespt NAV be acquired when in the hands VI the
vendor they void subject 20 eque ana vhen INC
cor porstioI it,, II recognized The transfer -,
qhs precise Int ruled By the Court ~ Appears N