The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-17
ANOTHER LEGAL CITY WAR CON uENCED.

hNUtnEb Lcuhu VII WAN UU.u uENtED'
Injunction % Rsssrn.n the Payment OF ths
New Polics-Prospccs Of Litigation Through
ous the Summer "yacatioa.n (D
COMMON PLEAi-sPECiAL TERN.
Before hon. Judge Ingrsham.
july io -JoAn fitzpatrick, on t.haf Of k.mSV and al
oilers similarly interested, L. G. Fpaap Comptroller Of
I've city a.d eoursy Of Nep York. Fernando Wood kaycv;
Dapsd r. Va1e'MisN, Clerk Of TIE Common C5useil: An
drep Stout, CAswbs,lain and Simeon Drapx, Jas. NJ.
Nye and osrs Commissioners Of the Metropolitan Police Of
ne State If ve,s John Fitzpatrick plaintiff In this
action, complaining In his own behalf wen the
behalf Of AL others similarly Interested may come in
and contribute towsrds the expense OF this scou
pairs OF A1Eish Fissg Comptroller of the city and
comfy Of New York; Fernando Wood, Mayor, ana the
other defendants, and respectfully states 10 this Court
That this plaintiff is taxpayer and oorporaior OF the
city OF New York. residing therein; tia. said defen dant
Azariah Fagg the Comptroller Of the city and county
of New York, and such the proper officer draw all
warrants upon the City Chamberlain; the said
PENDANT. Fernando Wood Is the Mas Of city OF New
Y0k and DAVID T. Vale ntiBe The Clerk Of the Common
Council Of the city CT New York, II s their
official duty n counsereign all ants. drawn by the
Comptroller Of the city county of New York upon the
City Char berlAn OF the said city aud county, that IL is
provided by section II Of an act Of the Legislature
Of the sA.e Of New York, entitled AN act to
establish Metropolitan Police District and 70
ISL bat The sum Of money styled tie foss Fund col
ected by the city Of New York for the purposes Of police
therein during the year. 1856 aud 1851 ana not expsnd
3D. N the treasury OF the said city, shall immediately upon
organization or the Board Of olice and aer due
that effect served upon the Comptroller Of tho
and county Of New York. be paid Into lhe State treasury
part Of the Pore Fund And the Board OF Police OF
said the metropolitan police District, hs, before
the - DAY Of june 1857, appcruoned any Of
money requisite and noedfai TO b. raised by said city
und county for any years. the plaintiff has
been informed and believes have the Board super
voIs OF the said cS and county rased collected by LAX
Any Of money within said city for the Board
Of Polce within the said Metropolitan police District
for any years Is there any
said city Of New York and unexpended 10 the treasury
the said city, for the purposes of police heren during the
years 1866 and 1851 TO be into the State treasury
part the Police Fund saii act That the
said defendant, ASsrah c. Fagg. Comptroller Of the
intends potwlthe andpg there are no funds In the
treasury Of the city Of New York The the Pc
Of sl0o0 " be paid " The Comp, oer Of the State
Of New York. Some othc- ocor Of the State for the
Of the Commissnucr Of Police OF the Metropolitan Police
came countersiened by Fernando Wood, a. Mayor
| Of the oity Of Scw York, and David !. Val
city, and paid by the said Andrew " Stout Chamber.
lain Of the said city unless restrained by the order
this honorable Corrt she plaintiff has been informed
and believes, and on such Information and belief states
that the raid Of the city and county Of
YORK, viii draw such warrant, and thai the will be
countersiened by the Mayo OF the city of New York and
the Clerk Of the Council the said city and &C
cepted and paid by the ssd City Chamberlain and this
plaintiff and eli other persons similarly Interested
will, by the contamination or such acts, be injured
rrepsraby, the sad statute In its terms and in IT. spirit
be violated, and the credit OF the city DO i'm paired
that the SAID Comptroller Mayor and City Chamberlain,
and the plAinu informed and believes, urged take
the Unauthorized above Indicated by the Com
Missioner Of Police Of Net opoAn Police district or
the of New York. who have already q the plsntT
has been informed and bcevcs, induced the said Comp
snS 81 Nv or On me me , s. v
TO pay the Of 500 COO To his ORDER panod
N tho credit Of tso OF the Metropolitan police
countersigned been rcturnod by him unsigned
the ground that Ia not auth orzcd by lsv 10 the form
he Corporation Of the city Of New York. for long time
pae has been and now are raising money upon
bonds and paying for the use thereof nere at the
OF seven per c. nj aanum that the said Ala
rah Flag Comptroller OF the city and county Of New
York, shal draw his for the said $780,
ooo and have The rouniessgned by Fernando Wood
Mayor II tho city Of New York and David r Valentine
Clerk OF the Cornon Council OF the said city, the
yOpd DC Paid ~ y: Oh. y Of the city Of Ssw
York, from moneys borrowed by The said city
for its spid use, or from money WHOA tue
corporation OF the city Of New York will he compelled
win borrow, interest Of per per annum
upon revenue bonds thereby subecng the corporation
and sorpor.cn heYecf to the los. OF the iusers, Of
600 from the time hal the warrant drawn rs
sorcsad shall be paid by the City Chamberlain until
shal be hereafter collected and paid the city
treasury wherefore the pani prays na j1dg nent and
that the said defendants may be restrained by njuns
ton order OF this Court from drawing counters goag or
payrg any upon Of against the Police
Fund OF INC city and county Of Ne= York
70 be paid 70 the cOmPtroller Of tho State
Of New York other State ocer, 10 be paid 10 the
credit Of the treasurer OF the Metropolitan police, until
the same some part thereof shall have been collected
and from drawing coun,erssBng paying any warrAn
for such purpose for any greater sum or amount than
shall may from time be collected and paid into
the treasury ofthe city county Of New York.
Of The Police Fund OF toe sad city county OF Nov Yo
JENNINGS, Jr. Plaintiffs Attorney.
Cy and Cos'sy ~ NeD Fork, ss'-John Fitzpatrick the
paintn IN this action being duly sworn says-rhA the
foregoing complaint true Of his knowledge except
10 the matters therein stated his Information and bo
lief, and ~ to those matters he believe. TO 6s true
Sworn 10 before mo this 18th day Of July, 1851 VIZ
DIZZY, Com mksioner OF Deeds
cory or THE INJUNCTION.
John n1pahck and oil others interested. against Aza
riah FAgg, e. al 1T appearing from the complaint In
this daily verified that the sad plaintiff Ia entitled
10 the relief demanded in tho complaint such
Ing oounersgpipg or payinR any vran, upon account
Of against the ppnce Fund OF city and coauty Of Nos
York 10 be paid 70 the Com stroller OF the 5ate Of Ne~
OF the OF the Metropolitan police the same
part thereof sha have been collected aid from
dIswise, communicating or paipg any warrant for such
purpoRe Tor any greater amount than shall may
be from lime 70 mc collected sod paid into tue treasury OF
the city county Of New York accsuut Of the Police
Of 4 jennings, Jr., Hq, counsel for the plaintiff let
the defendants shov before the 20h day Of July
1857, WHY they should not be enjoned; and until the
appearing les the said DEFENDANTS and they and each OF
them, absolutely desst and refrain from drawing,
teenipg TayfpE any warrant upon The ascoant OF or
sgansi The Police Fund Of The city and county Of yew
York other State on TO be PLACED 10 the credit Of
The OF the Metropolitan police until the
part thereof shsl have be- collcJ;ed, and
from craving coun,crguing or paying any warrant FOR
such purpose for any greater sum amount than
shall may be from time to time collected and paid into
count Of the Police Fund Of said city or county
DIP NGRAHAM, First Judge n Y Com. Pleas.
Terence Farley and John F. Brod,rck we're tho ssrces
the undertaking In the sum OF $1,000,