The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-17
Injunction Ag.srss sAs Vow Quarantine Conn
eurRxMx corRT--sPECrAL TENN.
Before Hon. Judge Cierke.

Injunction Agaanst she NOW Quarantine Conn
nsasssU~ess.
srrpnxNr COrRT-sPECfAL TERM
Before Hon. Judge Cerke.
u.v,s-Ju,td Van Name and John j. Hc.sSwr~ ~.
Obadiah Broum Georges Hal and E9ocr' Be'son, Commits
,o,ys of Quarantine plaintiffs applied FOR injunc
10. re,rsipn, the defendants from making catering
or any contracts for the CONSTRUCTION Of any
hospital buildings scks upon promises near
sou pe,s point In town OF westeld Richmond coon
IT, recently purchased by them for quarantine purpo es
from paying ont any money appropriated for the
ton Of such hospital buildings fence. docks therein
mentioned The plaintiffs undertake in the of 81 600
IN pay defendants, enjoned for such damages az
they may susain by reason Of tho Djuncon The plain
us declare themselves to be each nth the sum of 81
over and above all liabilities. certificate was annexed
IT, stating that The plaintiffs we're known 70 aim to be the
indivdra described, and who gave the undertaking.
Judge Cerke, upon the above application granted pro-
uninaay injunC Ion restraining the deendAn,s ia the
usual form, from entering into contracts SC, for the
ttructicn OF any hospital buildings &C In the town of
Wes,ied, Richmond Co. the defeudsuts arc u saow
tho 91st lust ~hy The injunction should mol DO
made perpetual.
The following Is copy Of the complaint
The com nt Of tho plaintiff respectfully shows 10 this
cour that the Is citizen of the State OF New York, residing
In the town Of Northhed In the county OF Richmond and
the owner Of real ana personal estate IN said town. and that
he Is tax payer and he into tls court such,
not cay on His behalf but also behalf of all other
who dcc have the relief prayed for by said plain
tit in ana by his complaint And tho said plaintiff further
shows that in and by an act Of the legislature Of The state
Quarantine station, passed March Q, 1867, three hfths
being present. was among other things enacted that thu
Governor Of the State should Nominate, and with tho
advice and consent Of tho Senate, should appoint three
citizens Of the State who should form Board OF Comnis
soners 10 perform the duties imposed by said act
that in pursuance thereof the above named defendants
duly appointed. accepted, and became qualified II
such commissioners and undertook the performance of
the duties req aired by the said act aforesaid And
The plaintiff further shows that the said defend
ants, under color and pre'enco OF performing
thatN Inv
especially by the 2st secton thereof, have lately
plcted the purchase of tract OF land situated in tho county
Of Richmond at place known ~ Segupe's Poip
being portion OF the farm and premises formerly owned
by joel Wolfe, size for Quarantine PURPOSES
with the Yellow ever or other pesept, diseases. and
ase dock and fences for the enclosure thereof and that
the said defendants Claim the right OF espenug, moi OK
cceding fifty horsand dolars under the provous OF the
said twenty fret secer OF said act for the purpose Of
making that Temporary Quarantine, until .he presen.
Quarantine shall be removed 10 come other place. And
the said plaintiff further shows that the said Defendants
under the provisions OF the said act are perm tied 10
M sa Sn Be I a
plaintiff, bis proportion Of taxes raised and collected in
due course of law FOR the purpose OF providing Temporary
accommodations FOL Qaaianne under tue twenty lrst
section Of the said act 10 the eSen Of fifty thousand
dollars. And the said rlsnilT further shows, that
Notwithstanding the psin and express directions Of tn,
sixth section OF the aforesaid, which requires that The
contracts Coz the erection of each and ali O. the ~lye
nshrg OF the materials for the same, contemplated by
the .aii act and also OF ae failures " tho ae, fac
be cafe and properly done, sbocld be let ut pub
lie aucos 10 the ows' bidder after having been duly ad
verified for month in three OF tho daily papers the
city of New York, in one daily paper IN the county OF
Kings and In weekly paper in the county Of Rich.
mond yet said plaintiff shows that the siid defend
d,sregsrd Of srch and against
the injunction. thereof now y, sing to neoisis
and inviting proposals. for the construction o. hospitals,
fences and dock upon the said premises, Sgnes
Point aforesaid, In manner and fern following as will
fully and particularly appear frori advertisement
put forth ana ssoa b. them, ana hrst published the
nhh dry OF Nay 1851, in the staten Blind ohron~e
newspaper printed In tho county Of achoad, q which
the following L. q true copy, to wit
der I heir oP ~ 'f% 4
a. BOON for The and erection Of hs necessary hos.
@ fa s aSa sosf EP'f soan s
Gently by the undersigned for Quarantine purposss
doct may Be- seem Office Of the undersgusd upon app
right deem Sscesa 5
may be male seI. VIII be required for the faithful per
S5#ss ?5$s 3:f'si
And he said plaintiff complains AMI insists that the de
fendans, IN proceeding in tie manner Aforesaid vlo
spg the ,rus and duty eposcd in them by the said act,
ard aciirg in fraud thereof and that II they proceed 10
cons ummste any ior the erection Of
such hospital buildings, docks and fences 10 pay ont
any money appropriated in and by the said ae TO carry
be Illegal and unjust towards tho plautiG aud all others
who tax payers. Wherefore the sad plaintiff applies
10 this Court for relief to restrain them from proceed
rlias fences and Dock until they shall have advertised
Eos month In The manner required in and by the sixth
Of the said act and Cor such other further relief
as may be consistent With elUit, and Justice, witscos or
suit GEO. WHITE, PlaiDli 8 Attorney.
Richmond county, ss-David Van Name, plaintiff ia
this action, being duly swcrn says the foregoing COM
plaint is true Of his own knowledge
DAVID VAN NAME
Sworn to this 10th day Of May 1857, before me, Il z.
Wills, Justice Of tho Peace.
The terms Of the injunction are as foliovs;-
On reading the complaint in this action duly verified ac
cordng law ordered that defendants tins action show
before me- special term VI this Court TO BIO hell
al the City Hail. la The city OF New York. the 2ist day
of May inst ten O'Clock In the forenoon, why order
should be made restraining the defendants during the
Iendeucy of this action, from making, entering into con-
summatng any contracts FOR the construction erection
Of any hospital building fences docks upon the prci
Scguine's Point, Ia the town Of Wcsthcld Rich
mond county receny purchased by them FOR quarantine
purposes, aud from pay ing ou any money appropriated In
and by an OK The Legislature OF the State OF New York
entitled "An for the removal Of the quarantine sta
on pass cd March G, 1851 for TIC erection OF such hos
tai buildings fences docks and In the meantime, and
Until the further order Of this Court the defendants
strained and enjoined from entering in'o king
summatng any such contracts and from paying sout any
such moncys 7. W, CLERKE.
MAY 10, 1857.