The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-16
Marine Court.
Before Hon. Judge Thompson.


. aR0ss DECEPTION PRAorIcED UPON THE COMMON
COUNCIL.
JesrA agate Us. the Mayor, AlderSes, de-, Of e Guy o.
kse YkThis action brought to for damages
ansged 70 have been premsesof the planth by
defendants while grading Pearl street, near Frank
m square From the testimony appears Una. tne plain
Pearl street that prosecuting the alteration in question
ne street in Of his premises was dug down about
Sour and a half feet in consequence of which it became
sarv for him 70 expend about $l20 in order render
m buildpp accessible from the street, that before the
alteration was made the premises worth rental
e $1,000 per year, but that afterwards they
were not worth more than $500. II further
appeared the alteration of the grade ordered by
resolution Of the Common Council passed the 10th
April 1857, the petition of persons claiming tO be
owners Of property along the line Of the grade which
petition signed by some twenty twenty five ind
viduals II clearly shown, however, that but few
q the sgners in point Of fact, owners the great
majority being composed OF mere tenants from year to
together with many boys and women who Glanced
TO be upon the premises when the petition presented
for signatures. The resolution Of the Common Council
passed in conformity with section two Of chapter fifty
of the 1852 which provides amongst things
sthat ii shall not be lawful for the said Common Council
70 alter or change in whole or in part the grade OF
street or avenue in said city established south of
Sixty third street, except upon the written consent
OF the Of at least twothirds Of the land
IN hneal feet fronting on each side OF said street or
avenue opposite TO and adjoining that part thereof
me grade OF which 70 be changed altered In this
ease ., aG o mot a ,e
trespassers in altering the original grade OF the
street and consequently liable TO him Tor the damages
done to his premises by thereof The Court held
that although clearly shown that the Common Coun
en, by passing the resolution Of the 10th April acted
without authority vet this Court had power
or review their proceedings That should be done upon
TIE return writ OF cerorari Finally, that the acts
q The Common Council beyond the scope of their
norty are pending upon the Corporation, and they
cannot be mode liable for any damages which may
erefrom. For these and other which might be
urged, uigment must be given for the defendants.
TINE COMPTROLLER COMPELLED TO PAY.
DANIEL c. Sturgis the Mayor Il a. Of Neac Fork
me plaintiff appointed third clerk to the Board of
Commissioners of the Central Park On the 4th Of June
1856 paid his salary the lst OF January the
Of 81 600 per year. since which time the Comptroller
has refused pay him his wrges. The plaintiff claims
salary up LIST june amounting TO the sum of $43s b.
The defence nterposed that the salary had been
fixed by the Common Council and also that appropria
had been made for its payment The Court overrues
the defence, and gave judgment for plaintiff for $43S Is
and costs.
TIE CONTROLLERS OBSTINACY AGAIN OVERRULED.
JAMES Boyd The snue.-Ths action is brought TO re-
cover $429 so the Of bill for repairing and fitting
M the occupied by the Court OF Common Pleas The
done by direction Of the Comptroller. He
thorized Mr. Jarvis the Clerk of the Common Pleas, to
have the work done promising pay for the For
some other he has refused to do it, The defence
% this claim that the Comptroller had right
Xhority to order the be done, and that if he had
Nhe Of the bill being for than $3.50, the work
should have been done by contract founded on sealed
bids or proposals.
The Court held that the Comptroller the legal
todAn OF all the property belonging to the city of New
York that the work this done ut several de
rent times each contract for less than $3.50 and gave
j0dgmemt for the plaintiff for 1929 so with costs