New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-05-18

SUPREME COURT SPECIAL TENN-NW lG. - Before
Judge CLERxE
INJUSCrIOv Oy TIRE ertRtYTISr COMMISSIONERS.
D,,id yau Name AIT. 0bsdsh Bovine Geo. Hall aud Egbe
Benson Commissioner. S..
An Injunction was this morning granted by Judge
Clerke restraining the Quarantine Commissioners
from erecting any buildings, &c. at Seguncs Point,
returnabc on the 2lst inst. George White is the
plaintiff attorney. The following is a copy of the
COMPLAINT
The complaint Of the plaintiff respectfully shows to
this Court that he Is citizen of the state OF New
York residing in the town of Mortified in the county
Of Richmond, and the owner of real and personal
estate in said town and that he is taxpayer, and he
comes into this Court such. not only on his own be-
half hut aiso on behalf Oi al other persons who are
Taxpayer N the STATE of Ncw-lork, and who desire
To have the relief prayed for by the said plaintiff in
ard by his complaint.
And the said plaintiff further shows that in and by
an act of the Legislature Of the State of Newly ork
entitled An act for the Removal OF the Quarantine
station, passed March d. 1851, threehths being
present it was among other things enacted that the
Governor OF the State should nominate, and with the
advice aud consent Of the Senate should appoint three
citizens of the Safe, who should form Board OF
Commissioners 10 perform the duties imposed by said
act and that. in pursuance thereof the abOve-named
defendants were duly appointed, accepted and be-
cane qualified such Commissioners, and undertook
the performance OF the duties required by the sald
- aforesaid.
ants, under color and pictense of performing the
duties 80 imposed them by the said act aud more
especially by the 2ist section thereof, have lately
complete he purchase of tract Of land, situated in
Tie County OF Richmond. at or near place known as
Segnne's Point being portion of the farm and prem
ises rnerly owned by one Joel Wolfe, as site tor
Quarantine purposes, whereon 70 erect hospitals Tor
patients who nay be afflicted with the yellow lever
or other pcss'ential disease and also dock and
fence, or the ncOsure thereof and that the said de-
PENDANTS claim the right OF expanding not exceeding
SO 600 under the prOvi-ions OF the sad FIST section
of said act, for the purpose OF making that tempo
rsry Quarantine until the present Quarantine .hall be
removed 10 some other place.
And the said plaintiff further shows that The said
defendants under the provisions OF the said act, are
permitted 10 appropriate and pay out public money!
a p.rtion Of which have been contributed, and may
vel be eSactcd rom the plaintiff his proportion OF
lake. rai-ei ami collected in due course OF law or the
purpose Of providing temporary accommodations Tor
a Quarantine, under the twenty-hrst section OF the
laid act to thu extent Of 10000.
And The said plaintiff further shows that, n)twith-
,tauding the plain anf xpress direction. of the sixth
ection of the act aforesaid which requires that the
contracts for the erection OF each and all OF the
wharyes buildings, Office, hospitals and warehouses
81 L the furnishing Of the materials for the same con-
tuatcd By the said act aLd also ot the hxtures ~
the same 80 far pa Il safely and properly be
done should be let at public auction 70 me io"e's
bidder after having been duly advertised Tor one
month in three daily papers in the City of New ORR,
In one daily p.per in the County OF Kings, and IN one
vel Iy nafcr In the County Of Richmond yet the -ad
,,airtig bogs that the said defendants in open dis
regard Of such requirements and against the inunc,
tons thereof, are now proceeding to negotiate and
inviting proposals. Tor the construction Of hospitals
fences aud a dock upon the said premises, near Sc
cuipe Point aforesaid in manner ard form following
a. will more fully and part cuary appear from an adj.
,ertisement put forth and signed By them, and iirst
published on The Fifth day of May, l8J IN The Staten
I.land Chronicle, newspaper printed IN the CountJ
Of Richmond, Of which the following Is true copy
to wit: ,r,.,,,
TO uLo.Rs-Sesled proposal. will be received BY the
,5ysi,ped A. their Office no . William street in the City
~ NeYork until the 18th day u May inst 81 IL O'Clock
coon Tor the construction and erection Of the necessary nos
. budrg aud dock. upon premises near D glnes
pt u "a. town Of Vestfed, Richmond County, recently
b.d by the uIdersirnsd for Quarantine purposes The
a, &c ode OF The undcrsisred upon application 70 Mr.
Snrds der Sc. rotary a the Beard In Couns olsr.
erye he sh II they deem necessary ior the Interest OF
i ST.. 10 ror. scccp any proposal which may be made
-, ursy Ill .. required fE The faithful performance OF tho
cor.rsct. ~r 49,, ,.-.-
EGBERT BENSON, the TemOys! ofthe
- BOVINE, )Qvnantiue Station.
D..ed My :. 1877
And he said plaintiff complains and insists that the
defendants 10 proceeding in the manner aforesaid, are
violating the trust aud duty reposed in them BY the
said act and acting in fraud thereof and that If they
proceed to conslmmate any contract or contracts to5
he erection &C any such hospital buildings DOCK ana
fences or 10 pay out any money so appropriate. n !.
snd by the said set 10 cary into effect any .oS
cOaJs,t or eosTacts. ta.r Ss mis-! " "'s''