New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-25

Con noc Co %. not an ses r--siaou d tsr or,sr
nh rny In rei-reso- The lser tia the oera s,n
o. tn hsyot Invoked. The Mayor .. the RI m TO- OF me
rae1, 10 chef officer h. properly coa6d- 70 bi n
t,o,. an Corpor,Sas bss :, doc. 40, f,-
'e~ hs soa .up-rvisiou rO
~. 10 he ssaassi ta.i f b. cSau,n coa,o
Fist meeting u the two Boards sad made these
to have iIerer.d- ~ ''-'
rssn"t s.e that the form Of cormus.tos which tb. two
ot In rerDce 70 these sppoin change. or ssc.
zoe tee powrr' or rights u Of TIE Dsp.rnsaa Of
Tbs Board. u.h. have communicated with each other ,,
b cor niuees or ness-fgers Wsa. the law reqq-s is
ns nriiy OF each should AZ ippaau,ent and
$500 ,een lee h Ocrrxnsd b- appointments
hA'Dg adopted Il. fern Of resolution for he par
Vber eannO. an, "a, stsr or ss.t H. isa.y of,s "a
- e. isIosf nchoa or iIsfsctul whs; would
Ihs result Of IT, that the ,ppoia Of the
Applicant Juia ~ Aetey became compete oy action Of
rpes Of ne Mayor and that lis thereto can il
iva. the duty County Clerk on bep. fur,b.s
De Ia. ~h Tie esrned copy oiihe proceedn Of both
o. he oonpon Counc .hostDs '.d Appointment to
UIoo 'ueh refus. ii is well .ered that the applicant
nsnesus proper officer a. horned to .dni..e n.
oar Of 1sie- reqals him to do Tx Hs.sh
PeTenp HsId.nus should is'pe On application for
about Se e sos h ave b 'i ss az %
,ss por} %..a'u: will Be grated in the ar'' instance
no doubt. s. tie applicant IA. been , and
ssy ,pie,.d C9mTi.'ionsr Of D.eds and TIA. it L the
required BY law let psfemptory ue for that par
understand tia. til. rsfus. Of the County Clerk Wa
tAsee s"ivS o. The sIoald thu vas 'nporsal
applicant 70 tie oce judiciany settled, shall award cos.s
sssins; him.
Before Judge CLs,Ky
CASE OF The VIGILANCE COMMITTEE SUITS.
James Moiony ag. VIM. T. Co emAn-
his Gaze, It will be remembered, grows out of the
aci ion the San Franc-co Vi.iinn e Committee NJ
Col man is sDed A Precedent Of the executive brapch
OF the Committee for damages suffered a, their hands,
A uoioD was made last week to strike out paris of
The complaint as irrelevant and redundant and
eued by Mr.. Bowman for the plaintiff and Mr. O'Con-
Cr for the defendant The latter subj cted the paper to
q God deal Of rdicule.
This OFT ing Judge Clerke rendered his decision. al
lowing all the exceptions 10 the complaint except the
10Th, 2lst aid I'D, with costs.
DECISIONS
In the matter of the application Of the Mayor ke relative 10
extending the Bowery, &c.
Report corfirusd.
Rufus Story sst James Pri,chaId al.
Motion granted, with slO costs to plaintiff to abide
Geo w. Striker agt. John W. STRIKER &c.
Referred 10 VIM. McMurray.
MoIriier Hirschhed sgt- Joseph Hubschech-
Motion to vacste order of arrest denied, with $40
Robert A. Robertson ast. Francis R. Clean
VerfcatoD sufficient no cost.
Heniy p Degrxsf asL Amor Hovey.
Meme Of the amendments except the 18th and 2oth
The s.usatuck Bank sst The Horne,yie Bani, &C.
Motion CenIed, wlh 50 corts.
Before Judge DAVIS
APPoRTIOSNEsT OF Diets AMONG STOCKHOLDERS OF
DEFUsCT BAEK-wKIT OF PROHIBITIoS.
In the matter of the Empire City Bank.
Judge EDMokDs end j. ID. SHERWOOD, OF counsel
for Jonathan Puidy AID sundr other stockholder, Of
his bank this morning made an important motion in
this matter
The bark failed 10 December 1854 and on the appli.
cai of its creditors, the United States Trust Com.
phDy appointed receiver, and serward msde
6ivioend among the reditors-xhereupon, Pursuant
to the act of lS49, the whole mater referred to
Stephen CanbielDg, to apporon the debts amoog the
stockholders. The order making this reference
grapted by he Supreme Court, on the 18th OF August,
1855
On the Goth of October, 1855, au order granted
by tie Supreme Court slspeDding such superintendent
Six mODtlr On TIE % of Apn, 1856, II was again
SUI ended for six tbs, ana the 10th Of Deem
Der, 1856 1t further suspended for ninety days,
ano apportiopmert has yet been made.
On his state of things, Messrs EDNoSDs and SHsR-
WOOD moved for writ of prohibition restraining the
receiver and referee from any further proceedings In
such apport onment.
The motion was founded the provision of the
statute thHt the refeoe shs complete his emporium
melt within six weeks ofter hir aOpOlltneut, or If
that tim. should b. foupo too limited, the Supreme
Court ght txteLd it not exc'odpg ninety days aud
il WAS coLtend,d that the having been extended
beyond LiDey ayr all further prOcee ings are VOID,
because this being sta utory remedy and unkno xn
to the Comu Law, the statute must be strictly ol-
low ed or the proceedings uoder il would be bugaory.
Mr. j. Nj. Mason, of counsel for the receiver, con-
teloeo in opposition TO the lotion, that the twenty
third section f the statute Authorized these exten-
scps il having oil acted that the dividends and the
apporopment mi. ht be delayed or suspended by rea-
SOP Of the penoencv Of any litigation or controversy
for the period of year, and that this statute was
merely carrying out the constitutional provision In
favor of the labiiityk of bank stockholders.
Judge Edniohds, III reply. said that there mlsh' DE
a Iiab ~ TO a tuit uudef the Constitution, but that
liability could Dot ave proceeding uader statute
which were III direct violation OF IT,
.an m
the wit al Prohibition tie proper remedy, because
that writ could 90 only 10 inferior tribunal aud tals
proceeding in this Court But the same result
Gov be attained by writ of maDdamus, CT by an order
yacatips the proceeding and restraining any furtner
action III dt them He would however, look into thst
question q. well the main point involved. Decision
reserved. -
DEFAULTEns.
The Northern Railway Company Of France as Charles Car
The after ton Of the Court having been called TO the
rdtcn Oh which The order 10 discharge tue deiend
snis Eugene Greet md Friciie Deoud was granted
wiz thet should spulaie 10 bring no acton OF
imprisonment tfe practice IN slqhar cases was asah
,xanlii o. and al op.nion the point rendered this
orLing.
po.e similar condition, the Court quote from Arch
bolds Pr. Ch,y, 2. 1903. To show that the Pract 20
in tie Cou Is Of this State Is to req such ,pula-
tjon where the arrests without uirllce aed upon
probable cause reference u made to Toe Bank VI tue
United States egt Jeul ins Us John X Soo, cifsd oy
m. oeiepdapts' @ uu ell in witch the Court waived
such condition on the express gcound that the arrest
OF the 6ef- ndaGt procured by malicious motives
and for III justihsbe purposes:
The recent care Of The Mechanics Bank of New
Haven agt Henry Dwight Jr. Is also referred TO- IN
which the six Juoges Of The superior Court Ia vacat-
ING ap order Of arrest granted by of their number,
nno,e ed the condition that the defendant should within
ten days ft nlate not ~ bring any seton for false iu
pisoument OF for damages by reason OF the ariest.
In conclusion the Court say, that the condition I'M
po,ed m this case was made upon the authority OF the
sbye and other decisons aud tie torn pr sctice oi