The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-21
Motion to Show Cause Why the Injunc.
ton Should Not be Continued.
CONDITION OF THE CITY.
Semi-Annual Report Of Fire
Marshal Baker.
the SEVENTEENTH WARD RIOT INQUEST,
&C., &C., &c.
HIBEAs CORPUS GRANTED FOR CHARLES
DEVLIN.


HABEAs CORPUS GRANTED FOR CHARLES
DEvLIN.
Pesding the argument before Hon. Judge IngrAham,
the injunction against Comptroller Fagg the Corporation
ooanel, Richard Busteed, E.q, into Court, pre-
scented petition and obtained habeas corpus for Charles
Dexsn, returnAble before Hon. Judge Ingr,nau at 10
o'shok to-day Tuesday,. The following copy of the
pottOn, writ, &c -
PETITION OF MR.. BUSTED.
D the Hon. DANIEL P. INGRAHAM, OF the Judges OF
The Court Of Common Pleas for the City and County Of
NsR York-rhe pr tion Of Richard Busted shows that
Carries Devhn Ia held custody by the Sheriff Of the
O0 and County Of New York, the jail Of said city, and
thai he mited detained by virtue OF
Co.'S erued by any Court Of the United States by any
Judge thereof be committed detained by virtue
of The final Judgment or decree OF any competent
iDups OF civil criminal urisdcon, or by virtue OF
thu the cause or presence OF such Imprisonment,
aoOrdng 70 the bert OF the knowledge and belief
~ under 4 certain warrant i.suei BY the Hon.
Chxles Peabody, one OF The Justices OF the Supreme
Oot Of the State OF New York, Of which copy 10 annex
and your petitioner alleges he has been advised and
behaves thai such mprh onment Is illegal, and such
ran issued without any Jurisdiction or legal right on
the part the said Justice; that the annexed copy
potion contains q true slater OF the proceeding
In which said Justice adiudicaed that he had power
p issue said warrant and made the order that
cosined 10 said copy petition and your petitioner has
aO betn informed aud believes that when sad warrant
-.
cd BY your Honor, whereof copy s also ssnexed; and
th the books and in said warrant mentioned were
-, Of tbs CIV Of New YORK. and the said books
"a papers belonged 10 said Mayor Aldermen and Com
n,nsy, and the said Devn had no other possession OF
~ than such connected with and gFeS out
O his Official Street Commissioner OF the city
New York and ,eh iooer Chains tha. for all tue
1asons herenbeore mentioned SAID imprisonment Is IL
wherefore, he prays that of haboas corpus issue,
directed 10 the having the custody or control Of the
fH.arLa naylin mr. IN
ounnsy Ct New York commanding him TO have the body
Of said Charles Devlln With the time aud cause OF his
inpri before Honor chambers In the
Osy Hall Of the cits Of New York, forth With -
RICHARD BUSTED.
Dated Nrw YosS, July 20, 1851.
DRY and County u Nl0 PORK, 1-Richard Busseed be
pg duly sworn Faith the forth the
pstiuon Subscribed by him are rne -
sv,ru before me THOMAS Bors.u ommlssoner 81 Deeds.
m 2o,h day OF jury, 1887.
NOTICE OF APPLICATION YoR HABEAs CORPUS.
the people Of the state Of New York the application
Richard Boseea ssans, James C. wiiet, sheriff Of the
amrske notice, that writ Of habeas corpus hs' been
ned according to law 70 the Sheriff. IT. Of the city and ID
10 detention Of Charles Devlin by means Of q Ger
hn process obtained by you from tho Hon Charles
iay last which re,urnable the 2ist day OF July 1851
10 O'Clock the forenoon at the City Hall Of the city n
Judge Of The urt OF Common Pleas for the city
" : ''' Applicant. an Attorney for said Devlin
To bASrSL ID CosovrR, Hq
Dated Nrw YoRK July 20, 1851
WRIT or BABEAs CORPUS.
The People Of the stae Of New York. 10 James Wict,
go the Sheriff OF the city and county Of New York,
erecting command you that you have the body OF
DIARIES Devhn, by you imprisoned and detained asst 10
snd detention by wbauoever he shall be GATED
charsed before the Hon Daniel Iugrahsm fret Judge Of
Y@S !. hi, oSamSers IN me CITY a. Of said sity, on TIE
2lst day Of JAY 1851 10 O'Clock In the forenoon TO DO
md receive shat ,hs then and there be considered con
witness the ou James Roosevelt Justice Supreme
oosr the aoh day or JS one noOsasd s9' sS a
Pu rav reE p,s,,vn. Aao,ne1 D D. ''''
Allowed July 20 1867. DIP MeR.aAx, :.
First Judge.
AHorHKR INJUNCTION on A sUrPLKxNrAL CON-
PLANT.
Previous 10 the rising Of the Court Mr. Daniel sckes
appeared before Judge Intrsbam and read supplemou-
vi complaint 10 Thai upon which tho former injuncou vas
granted, and applied for additional injunction restrain
Ing the defendants In the olo~ ing entitled action from
moving, or causing 10 be removed the books no. belong
ins 70 the street Commissioners once The following Is
copy Of the
M Mayor, Aldermen sad Commonsy OF the citv Of New
York W. Daniel d Oonover, Charles Deviin James @.
wfe, Sheriff Of the city All county Of New York. John
Harrington, Henry Beribolf, and David n. Field
On reading the complaint 10 action supplemental 10
original complaint Of the the rst
frec defendants abovcnsmed, together with the AFFIDAVIT
lion Of Mr. Bnstced attorney for me pan,. Il oriered
that the ssid plaintiffs have leave 10 nc prosecute the
sad supplemental complaint against the above named de
fcpdants and upon the ssd complaint and AFFIDAVIT IL IL
further ordered thai the said defendants, John r.
harrington, Henry Bcrthof and David Field show
cause, ct a special torn Of this Curt, TO he held
Al the City Hal q the cry CT Neg York. the 23d day Of
July instant ten O'Clock In the forenoon OF that day.
why they and each OF them, their attorneys and agents
and All y. rsops setting for or under them should not he
rcsssiped bv the Injunction order Of this Court from 70
moving or causing o. be removed the books, maps, 70
cnrds documents and other property and papers In the
said supplemental mentioned or any either
them from interfering With the same or any OF them
IN any way wbatever and und the decision OF
sad Court granting refusing sucn puncuon 10 the pre-
rnises IL Ne ordered that said Farrngton, Bertholf and
Fold be, and they hereby, restrained as Aforesaid
u Y. INGRAHAM
First Judge of Sow York Common Pleas.
RCENES IN TIE OFFICE.