The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-12-31

one Of It's Judges hiss passed iudca The subject but
this s not the fact No Judge of court except Judge
10 era Sse has considered or decided 0e question Of the e
@ establish
refusal the salaries Of and
ed Sroas by the Street Commissioner and
s Deputy street for Their own salary
allowed that all suits brought BY the subordinate and en-
sonsrtsd and each claimant be obliged to prove his EN-
poymeni BY the Street Commissioner the
he
which e laws or The facts furnished WASTE be and Was
This rule has been aced upon in every instance,
pain " his oath has met he e1sensy Of s rsle
every Of success has had the sanction of Judgment of
If the city has despoiled these actions only
Sc NJ
aware Of This rule of my Office and 50 were most not all OF
TO utter surprise reading for the first time the
cases Of Mr. Deyln AGAINST the city found thai they each
r ns be ppSSs
" and that the city indebted to him at thas rate for the
That in two he had taken judgment against the
r & e sm h
salary Of the Street but looking at the
sm
ne money thus imp opery gotten and he gave me check
nd paid over TO the Comptroller early morning Mr.
to which he entitled and the recovered
The next day sent FOR Mr. Turner the Deputy Street Con-
missioner called his attention TO his sworn aegatons
Street at nsry ne Of s per
sc m eg ne wn G m s h.n
he had performed any duty service required him 10
including interest and costs and not dedncng
a, the ordinance rate OF so annum for his claim
Mr. Turner gave certified check for sll6 which with
Comptroller do not regard as beeomag in me to do any
hing more han to state The facts as hey exist TO YOU
officer and private citizen and the which has been
1RS1 oy
sion Of Whit has iranped and leave 70 the gentlemen con-
required will add that have to-day given the Comptroller
CITY unless transcripts are cered by my own hand
Tbs measure While will obge me to attend 70 What is
judgment obtained and Afford opportunity stay payments in
Compliant IN one Of The suits broash Sy M DeTn and BY
Mr. Turner The papers in their other suits subs,anti-
s RicHIRD BusTEEp tSapsei 3 he Exploration
derman Commonaliy OF the city of New York.-sum.
mons for money demand contractT, tn, above named
complaint in this action Of whcha copy herewith served
nPdn YOU ana 70 serve copy Of your answer @ NE sad com
Street in the city Of New York within twenty days alter he
fail he said Complain Within The time aforesa
he sum Of WE'VE hundred and aiy dollars with ierss,
G% ' dT E !hs ssss this
No. II Chambers street New York
co~,f OF coa,aon pleas for he ctr o,.i County OF Nee Yor-
Charles Deyn the Mayor Aldermen and Commonaity Of
this Court that the city of New York, the 18th day
June, ISL, the defendants :apponed the said pain the
office Of Street Commissioner Of the city OF New York al
salary Of So 900 payable monthly That said ain
then there entered the performance of his duties
such Street Commissioner and continued the performance
of The performing all The duties required of him by said
defendants the LIST day of November 1857 which day
there became due TO the said plaintiff the of 81 $50 for
three months salary under such appointment And the plaintiff
further shows that The said defendants indebted 10 him in
said OF S250 for and Of said salary; and
although often since requested the same the defend
ants have hher wholly neglected and refused and still
ect and refuse do Wherefore the plaintiff demands
Judgment against the defendants for 81 go with
thereon from the lat day of November 1851 besides the
OF this action.
sTIILwELl. SWAIN PLAINTIFFS Attorneys.
Coafyo Joff. -tharies Devlin being duly
sworn says .ai he Is The plaintiff IN this action tat the
foreroin o sui Is true of his knowledge except
~ 10 r,e o. ih. stated information belief and
US 10 those matters he be 'eyes Il TO be true, = -
" ~ ~ 'S e W. CHARLES DEVLTS.
Sworn before mo- this 18Th day x y oyemoer' 1857 CuAs
r PAT1iRso%, Commissioner Of Deeds.
The Board adjourned to o'clock on AhurS0ay gus
0ay)