New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-23

/ The al, "10 '>i estats' Of the Church. ast az
A: understand the Law subject I, +. b,.s vs--
of much .. sas To- .s, g ',a:
es.s belonging ' 70 = the .1 ssSP.H1y q bs I.od &
Tx sd ;.d OonTeye4 ts purchaser in the .sn. n.aa-r
a. .gss: Of .ss1 ..s e
rem be r@.a r,ns 70 p:y h. ely ssb. I,.9 Interest ~S
,tTs i may veil THEREFOR compresrads IN
,oI. we r estate belonging 70 toe city reserved
But the rlh TO require th ID. l,aa sD,d .boqld b. DE-
w.. p sssas s,s y ' ..u .
system @ e.. d ,. vas s.ds sad.r
tIo,.t ~ Ana re spru.s- iser.'r.
vos.s =. S.yoi H . ssa .a c Sy
.i ina nTs 5. nrs:syts,
hea Chseh .ad+o rsas so s
hs @ that the property although Ersa.ed forever"
pain ss.s pss' Ia 's ss va.
cp. Of .pe p, S.:.A and s.s 1t Iesosa..d ID. phi,
Di sSns,so ~ ~. n in foree until til.
from that time fos al discrimination preference i. rel,
''f B.R Io'; III. :1f E IN mas We
e %s;r ming. ., n IH 1 i y private SECULAR
ms' and the poI and .endins must b .sssa
o.fhe Fs% the.e y .Pprs clearly that the obec, OF se
msin. Il. grant, VA. TN. the po. Of ground
mighty and 'S.. should Be .Ppp.d on p5 81 a.
private secular u.. With III. sop. md intent
Of the grant TIE expression private secular not used
which occurs merely negative mode Of reiterns the
direct purpose Of the grant which ,re.dy .;s;ed was II.
use, however bcne6ciaL
e ssg SSs s vi Ss
sntors their sucoes.o the pre.es, Corporation
81; .ss.
The ss.sso: the: .Ii.s. Ha,. the copoos aseu an,
consent waving ri, condition q s,nt None upi
AID allowed look into AFT dav. read o, former
% s.I NJ. cS1D. 70 M aH
been adopted BY one Board in one aud By
other Board in subsequent void contrary the
Should be said tbs, the Corpors,ion h.d ....n,ed t. tn.
Sinking FUND.- the be that power cell the
,i , o sss ely and sell i only for aG.SU par
TO rse: condition not pecgn.ry attached % RED e.t.e Al
with an express view 70 ssou aud mot pscunry uses And
II the Co. missoners bad power without special resolution
leading Object the grant could they dispose Of the right
Of reeny which had been reserved solely the Of
A the rent reserved that Of matter Of
aS. s sGna a R
rent theresI W. real estate subject :ush to The d'pS.
does the hight to cell the pecupary necessarily carry with
1t the right 70 the religious condition Upon taber
iuncos inclined 70 think does The sOkins Fund
Or sG1 to Ss % os
to raise money and !" s:S t No :" Is vG%t
Yet the Commissioners. in the advertisement Of sale
Of all condition. in said well =. Of all their
Admitting. however. that the Commissioners had
10 release condition. bind the Corporation to do IT,
IT, une:. sanctioned By .n EXPIRES. RESOLUTION Of the Common
Council would be- nuity. Why then issue Injunction
any viii ri. upon the purchasers Ii pre- ended that the
Common Council oonsmP'ts ratyas The VOID act . void
complaint would to imply that they rpud,te thu r.us.c
ton What OCCASION then for the Intervention OF the tax
TIE ri o gu
every to generally Ordinarily the remedy in
justify departure from the gsn. mode of proceedns the tax
must show an ual.wn act to h. prel'dce os he,
them If the act involves an injury 70 the City Treasury and
fret instance the representatives by law of al the tax
take the proper sp. to obtain redIes or 10
corrupty fail to do m duty which no. to be presumed with
out proof osy not wSoSi to g Dc
stated the complaint there 10 no toT any exceptional
other the suit wonid have to be dismissed ,..,-,.
Not only however the wrong parties brought IN as
h.er. it obvious be heard Of the
where's The 4 5, on is 30
sneh claim Either objection is fatal The Code sec H.
q q S.6S.I
sSppoSns however tina. proceeding amended and
stood Is suit By the s' 9a .n s o ias
sssnmpon would be the proper determination oil the question
Fwm: Was the resolution WHICH passed the respective
Boards of the City Government oil two daeren, years P"
a, ScSecesors to the church an act Common Council
within the meaning Of the .menasd ch:es ., ' NJ, Com
mon Council snd the decision Of the General Term
The E1 ao,,an RAJ ss1 s:;
by sni,e Fund ordinance to eel and dispose 81 ~ the
re-, s.i.e OF .be s oRe special
oonditicn valid c.suly the time imposed IN vo Of
public ~Orhp s9d the promotion OF "a. 0nan 'sson No
such delegation Of power land sppesr' to me u dd no ana
IT, consequence the Ie , 81 ns o1nnnson
be void would there still be any ,un so1nG io
dTsrce 70 prevent sos Gss serlc Of
The deed far might purport to release the eonaIon
ty and Il the purchasers relying upon it, should bay aud pay
for the "t.n contrary the condition to tppy
n,eHt should be followed might be- by an actual
consent of the Common Council Such conversion" IN fact
by tho terms the original would sop. wofk
only would be reeny provided in toe , '.
which in the altered ~ .a p3
to the sxrsyers WI, then shond he eytrsordinsry igc
injunction whether preliminary or n, p5s'1PPo,e.. an iy
sfa 1uy or vo1 s Gi the the Of
H 10 prevent Threatened benefit woud certainly be udiei,
an nterocutoy order would not make it less to
Bu the pnts. ask an injunction .ssin,. The Mayor Al
and CoumOnay well q. the NM ina
have done nothing wrong themselves and nothing to w.Ir.n,
any wrong Commissioners Nor 10 any contenpaed
oD bs mp;eadsd and subjected Of seton T9e
besides, OF
di.tion spd no corrupt chsrged have the egf
raht should the pubic interest. in their indictment
10 di.pense for with the disputed condition. such
dlsp aon indeed, appear. was sppied or Ana ~ up
roe TO have obtained And the esouon pissed io'
H., nprpo,e A. adjudged void for want OF con
fornity mode of adoption With the principles o. ihs
n, charter valid proper can no DOUBT DC
ob,ned Al all Mr. James and his associates nave
sy purchased the title of the Church aud ~ tneit ien "
be the grant full authorityo convert
pr, mes uses the grant may warrant Ana
he of the Church only deed whieh BY The terms OF
81. A.. fr,h in the complaint they undertake 20 give was
.e5 in conformity 10 the original OF tine Corpoa1n