New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-08-06

being removed under thu: section. sscA provision was
@:S. si Is. Ss.ea: ss :s
bot the proyon general sppes wei % hs term. Tor
..o show. the b" ne:. Of the INTENDED
be carried under the charter BY continlins ne
pam.nt 1t has been .aij that thOss ordinance provide of
Filing vacancies therein, and therefor. apply o. tins omss,
..,tu never attended to stop this BY rrpesns
& Old ssas x. ssy ne Of
the thereto o. 1851 aud 1889 aud the same TIM
Continued In IN. public auhoes they intended that their
roway, should be exercised in conformity To the new
srberer Of 1857 With these views, therefore, sdopi
no mower under the act Of Isis, TO sPPoipt a
Street but that the power TO make such .ppon,
the Mayor and Board Aldermen. who retained in Office
By charter and whose power: can only .: re- %
s.ons the conclusion that the procsedns under
wser hsd rdc.on because the person claiming the office
showed upon the face Of his papers hi appointment, was
and 1po. .oa n S o he s Of bis
plant to take such books and papers from anoths
TO hold the Office bys better ts 'n"n uIaS md sdaac,d
In such proceeding the Legislature never intended Una.
iiS%S be SS SrSsp' or in ecan and that
fact. appear upon the complaint submitted to MI Justice
maintain th. proceeding they application to be made
BY hsy1e no ht to nI ns H. sns @ %s
to add that doubt to the suciency OF the
demand stated II the complaint and the s %O
tanning to the Commissioners DePartmentsppes to
ment any person who does not comply with the
order The used in the warrant by which
until me tSe arder Is Complied With some more .pe
.crp9n Of the book. and papers o ssoU, sb, b,d
tn Sefsr 'n or mh hsTs some of showing
he had complied of the order Where party
complies with order the to be performed or the Or
der to be compiled with should be sufficiently spe'hs "a US
doul tn its
general description the books and pap~rs demanded casno
be sufficient appears more clearly from the TACT .na n scs the
property be directed TO sheriff or other omcsr sa al
eeer Be required to sm. me he Il By taking tho.
things which he thinks belong 70 the Street
t The H sGn c at the a s
he place to be searched and the things be seized see no
and papers belonging to the Street Commissioners Office
as for any other property The warrant to commit ana ,he
e .eVSa De
Judges who have expressed opinions on these anu
asnst to also.
am . Of Ii. liberty no se%
erwse upon the conclusions to which have
e. and il Exists i i. in favor liberty the siti1eu
whose imprisonment might under the circumstance be per-
petual The prisoner must be discharged.
APPLICATION FOR CERTlORARi REFUSED.
SUPREME COURT -ssEcIM TrSM.-Aus g. Before
The People the relation Of Daniel COn0Ust a osos
Ingrsham ct the JUDGES OF the court OF
The counsel Of MIR. Conover applied for a writ of
ceytorar TO Judge Davies after the decision OF Judge
Ingraham dischargiDg Mr. Devln had been rehGeret'
Judge Davies refused the application on the ground
that he could not properly grant it &c pdrte;
The following is the petition wheieon the appica'
ton was based:
To the Supreme Court Of y e sirssa
Of Daniel D. Conover tosi ne haen
nontea by the Governor Of the State fill the coca
death Of Joseph Taylor spa sna Entered as I@
upon upon the 18Th day Of June last aud that certain books ana
a to to tine ia rsupon made application
Charles A. Peabody of the Justices OF tins Court wI
@ had that on the 10th day of July last order was
duly made BY the said Justice, of which copy l. neIe% 10
the said Charles Devto and the other to search tor ana
seize the said books and papers A.. -. ala ns,yr
was arrested by the Sheriff of the City aud County o. Ne~
York the said wr9 . Of ss.s s o Judge the
Court of Common Pleas of the City snd County Of Newfo
ne na Seep pione further he advised by
sci believes that there is sIIor IN the S G ben
enormously granted by him. heeIPon your ne S .5
judge commanding him to certify hi, Court the said writ Of
sbeas corpus all proceedings thereon aud the final order
by him. that the same may be there
GIN and County Of Nec York nDanel d. conover being
sworn, saith that the foregoing Pe0n' true coyovER
Sworn before NE this 9th day August, 1851
WM F. LEGGETT, Commissioner OF Deeds
ORDER FOR THE WRIT.
On resdn. the petition of Daniel D. Conover and on hearing
James g. Suycr his counsel-ordcred that Daniel na-
han therein named certify and send under his
with the writ hereby allowed before Justices Of our
prcme Court City Hall in the City Of New York. on the
sued BY Bueed inquire into the
of the detention Of Charles Devln and the proceedings
had before him and the order made by him thereon with al
things touching and concerning the same, aud that VIII OF
teytioydTi issue for that purpose
THE wRIr APPLIED FOR.
tn. Peope of the State Of he York 10 the Hon DdHa m
graha one Of the Judgs Of the Court Of Common Pd'Jer
The Citv and County Of Nec. York greeting:
We being willing certain TO be cerhed OF certs
had before and Of order made BY ou on th
9th day Of August A. d. 1851 upon writ OF hAbeas corpus
sued out by Richard Busted 10 inquire into the cause OF n
detention of Charles Devn do command that you end
said writ of habess corpus your and tie orders
which YOU have made thereon with all things touching ana
cerpjna the same before Justices Of Supreme Court at
the CITY Hall OF City NewYork Oh the second Monday
of September A. D. under your hand together wit TINS
writ that our sd Court may thereupon cause to DO aohs
therein whatever ought TO done ,, =, :, ,,,,ys
Witness, HENRY r." DA'IEy 1
One the Justices of our Supreme Court at the Ciy s "
the CITY Of New.Yok the 9Th day OF August A. d. 1871
FIELD 4 SLUyryE Attorneys d,
SUPERIOR COURT-SPEc TEsa-Aus" h-ne'is
Judge HOFFMAN. y
INTEREsTISG UsuRi DECISION ~
Seth Keyes sgt VIM. Moultrie and Thomas IA mef.
Onthe Sd day of May, 1856, the plaintiff loaned %
the defendants 1000 to be repaid on the 18th day Of Jgy