New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-20
nh IoWBER JUDGMENT STAYED
PROCEEDINGS 10 BIZ REVIEWED.
A Clear Statement Of the Case.
SPICY CORREsPONDEN CE.

\ w. Lowber, amounting 70 nearly two hundred
0~usasl dollars. But the sale will not take place.
Asss the recent pugistc Demonstration in toe Coaacil
oAanber, certain parties have been looking pretty
slssely into the bargain made with Mr.. Lo~ber, and
~ result has been an order served upon the Sheriff
nd al parties interested TO stay proceedings, and for
Mr.. Lowber to show cause before the Supreme Court
seat month why this judgment should not be set
aside.
We give the order, the sfiidavts upon which it was
s,Asted, some spicy letters between Judge Whiting
ed Mr. Busteed and history Of the affair prepared
BY the Controller:
SUPREME COURT.
RsssI w. LOvbsr at The Mayor Aldermen and COnmonay
Of the City OF New-fork.
On the annexed sfidsvts let oil further proceedings
- stayed under the execution issued 10 the above
ae until the further order VI this Court and mo-
toD Of Whiting and Clark, Attorneys of this Court,
% behalf Of AZsriah &. Flag, Controller OF said
city, w1ois citizen and taxpayer Of the said city the
Counsel Of the CORPORATION having declined further to
hteIfeTe IL the case on behalf VI the defeDdsn<).
IL " further ordered that they have leave " pre-
pare such further. papers in this they may
oeem neoessary, and upon the annexed sif Ia
vits ard such they may serve upon the
plaintiff or his attorney nithu five days after the
Eskng Of TIN. order let The piaatf sho* csa'e be,
n the said City If NewYork, the 7h Of September
N II at the opening Of the Court ON that day why
the judgment 10 this and eXecuso ISIS led thare
should not be get aside and the defendtrtsle III TO
further defense ia sad cause, anu " amend ths r
asswer therein rs they shall be advised upon such
Germs or conditions the Court may deem proper to
m pose. And let q copy OF these papers aud such
oilers as may be served upon the plaintiff Dc
also terved upon Richard Busted, esq, the at
tHbey and counsel to the defendants; and let the
attorney aud counsel show cause before this Court at
the same time AID place above Damed. why leave
should not be given by this Court to raid Whung and
" for Tho futu al md at
tteen attorneys and counseors for the defsnc aDts
either III their own names or n the of the said
Richard Busteed-New-fOrk, Aug 10 80: po,v
SUPREME COURT.
Robert W. Low Der The Mayor Aldermen and Commonay
Of tho City Of HewYork
CITY and County II AeT- YORK, sS.-Azariah T..
ETegg Of the City Of New-York, being duly sworn,
doth d. pose and say: That Information and belief
sId fsm the records and minutes of proceedings of
s6me time in the month Of February, 1856, petition
puIportiIg to be signed by number of persons was
presented to the Board of Councnen of this city by
enc Of the COuncilmen thereof, praying the Common
Council 10 establish and erect q market at some place
On the East River and Fourteenth street,
might in their wisdom most sdvs able; that said
petition was referred to the Committee on Markets,
which Committee, on the 9Th day Of May thereafter,
made a report thereon and appended to such report
as follows:
Rsosd That Controller be and he s hereby authorized
ssssd 70 y.s for tor BLOCK S ground
With the Water front situated and Twenty
the me to the compon Council Within tsy days
fon the passage Of this resolution
That the said report and resolution were afterward
acted upon in the Committee Of the Whole, and re-
ported to the Board, and by the Board ordered to
third reading, and afterward the 10th day of May
N the same year, was read third time IL, and passed
by the raid Board; that said report and resolution
and on the 23d day of Nay, was received
Be the BOaro Of Aldermen, aud thereupon referred
70 the Committee on 81 srkets Of that Board On the
9Th day Of August following the Committee OF that
reported that your Committee in favor Of
establishing market ia the eastern part OF the city,
but a. there are several desirable locations in tn
" Deighborhood Of Tenth street, East River, The
think il would be judicous to include them in tn
= resolution. Your Committee accordingly recommend
" an amendment Of the resolution attached t.
" the report from the Board of Councilmen
" 90 as to read as follows. Resotred, That
" the CONT ller be and he is hereby. author
" lied and directed to advertise for pro-
- posas for a block Of ground containing from
IS 10 65 lots of % feet front each. with water 'front.'
" situated between Tenth and Twenty-fourth streets
- for the and purpose OF MAJ ket; that he report
" the same to the Common Council within thirty days
from the pa,ssge of this resolution for further ac-
- ton" This resolution was amended by adding,
affer Twenty fourth street. the words East RIVER,
and as 90 amended laid on the table. On the 18th day
Of August foil owing, that report and resolution were
taken ~ and adopted by vote of ten in the aima-
live and FIVE in the negative. On the next day. the
18th day of August said report and resolution were
received in the Board Of Couacmen, uns copeurred
in. On the 10th day Of August, the Mayor approved
The said resolution That deponent, ID pursuance OF
and under said resolution the 22d day OF October
advertised for sealed proposals for sueh block OF
GROUND to be sent in by the 9th day of November at
O'Clock. That sealed proposals were received IRON
different persons, but only two oil them containing
the number Of lots required. Deponcnt communicated
the same to the Board of Coancimen the 10Th Gay
Of November following. That Board met on the Eth
day Of November and referred this Opponents commu
nication with the proposals to the Committee on MAI
kets, which Committee, on the Sd day Of December
following made report and appended thereto reso
lution as follows: Resolrtd That the Controller be
and he is hereby directed to purchase without delay
for the u,e and purpose OF market the pIopeiyo
" Robert w. Lowoer comprising block aad part OF
block Of ground, lying and being in the Eighteenth
"Ward anu bounded by Sixteenth street Avenue Z,
" and the East River, together with the bulkhead
in trout thereof extending from the center line OF
81 Seventeenth street, and the water front between
" the center lines of said streets as contained for
" the sum Of one hundred aud nnetysix thousand
d." collars l$l96,OOol, the Corporation assunag
% the taxes aud assessments unpaid thereon,
in accordance with the proposition submitted to the
Controller by Robert w. Lowber, under date pr No
vember g. 1885, the property to be conveyed by good
and sufficient warranty deed, free aud clear OK all
liens aud except taxes aud assessments
upon the title the said premises being approved oy
the Counsel 10 the Corporation, and the SUN OF
"$l96,000 is hereby appropriated for the purpose
aforesaid, and provided the said taxes and assess
"nene " be assumed by the Corporation shau not
"exceed the sum Of 81 500.
"hesoired, That the said premises when purchased
shall be subject 70 the coatOl aud supervision OF the
Commissioners Of the Sinking Fund"
Which report and resolutions were referred to the
Committee Of the Whole. On the 5th day Of Deccm-
Der the said Board directed that the said report
and resolutions should be made the special order TO
the neat Wednesday evening, i'm nediaiey after the
resolutions. On the following Wednesday, the 18th
day of December the said resolutions were adopted
by the ssid Board by vote Of - in the affirmative
and 20 in the negative. % the 10Th day OF Decem
her the said report resolutions aud papers were 70
eeived in the Board of Aldermen, laid on the taol
and directed to be printed with the minutes On the
29rh Of December they we're taken uPsud lost. a