New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-06-30


books and papers Of the Office. IL IL directory upon
she officer and al most amounts 10 condition subse-
ouent SO the Revised Statutes expressly provide IN
respect to all cases Of this kind X. 5. l2l 3li
81" anv person shall al q the duties functions
Of .ny o without having executed and filed in the proper
Office any bond required BY law. De 'ha forfeit the Of
s. II the execution and filing Of the bond were
condition precedent the approval OF the bond is no
So The language Of the section OF the Revised
Statutes just quoted is without having executed and
fled the bond required by law. The bond re.
CURED by law has been executed and Med Inc cer
ifcate of the Mayors approval would be only evl,
dence Of its suficency: which IS abundantly proved
by other evidence. Without such certificate the
bond is valid and binding on Mr.. Conover and his
Suppose however, the bond approved by the Mayor
be condition precedent, the performance OF that CON
dton has been prevented BY the Mayor, who IN this
respect il the agent Of the State and the perform
ante Of any condition is excused if II be prevented BY
iLe net Of the sovereign imposing this condition, or
any of bis agents servants To this point there are
numerous authorities: COwen, 297-The People agt
Naming 4 Condi,; II Wend. 5S9-Carpenter agt.
Stevens and Others; Hill, 57O-The People agt
Bartlett.
TO- The conduct of the Mayor was fraudulent and
contumacious. He is the party who seeks TO defeat
righiful appointment by the Governor. To nulhfy
the appointment, and obstruct the operation OF the
law he refuses examine the bond that he may gain
fine be keeps out Mr.. COnOver by force and puts an
intruder in his place seeking thus to retain possession
of the Office and lis patronage by an incumbent De
facfo who cannot be Ousted by the ordinary action of
uo irorranfo till the autumna elections To
allow such conduct TO succeed would be 10 bestow
a premium upon fraud and violence.
If Mr.. COnover's appointment were legal, no Ian
guage be too harsh for the conduct of the Mayor
And this Que ston of the suicency of the bond must
be examined on tie assumption that the Governor
had the power to appoint and the May had none.
Look ing al the Mayors conduct in this point Of view,
ii as bad as it should be unavaiiing. -.
IL. But if every one of oar previous positions
upon thi. head untenable the objection that there
insufficient bond, no bond at all, would stlil
be unavarg TO Mr.. Devlin, because no party but the
State take advantage of failure OF an officer to
file lis official bond In quo wdrranto against Mr.
Conover, the State could urge that objection, and In
DO other proceedings could il be urged and when
urged in that way il would be sufficient answer on
tie part Of Mr. COpover that he had done everything
ON Ills part required, and that the only delinquency
was a grave delinquency on the part Of an officer
agent Or servant Of the State
Ft hsP:ns ss f F.he ei e. w Is Vie 8"
G1esnlesfagt Lay . Dem % 10
L. s. Bank sst. DsndIidse, u Wheat. 81
fSsPs. at Newton, i Eas IL E. 1885,
H MsNn's ' ss r faGSpls Co., Sick So
Bacon's AbIidgement Title Offices and Officer, Z
If an ocer Be- created BY letters patent he is complete
officer before be Is sworn or before any nvestiture
Mr. Field concluded by referring to the recent
troubles as lesson which ought to arouse the citizens
Of NewYoIk to take more direct interest In their
municipal elections. For those iguided men, whose
doubt day of reckoning would come.
Mr. Brady wished 70 know how soon Judge Pea
body would make his decision, as he wanted to make
arrangements TO be out of town.
Judge Peabody said he would give the matter his
first and undivided attention, and it was finally agreed
that the decision would not be given before Wednes
NN' Before Judge ROOSEVELT.
THE OHIO DEFAkCATIoN.
The State Of Ohio sgt w H. Gibson late Treasurer &c.
Mr. Justice Roosevelt has issued injunction re-
e4,a no late q
ferring sl00 600 of the State stocks in this city.
THE PAULDISG CASE.
In Of the application Of Sarah M PeuldD Tor the
" custody Of her child Grace Pauldng.
The petitioner is required to give her bond Tor
s. co., that she will keep the child within the jurs-
In the matter Of the petition Of Ann s See al for the
of their interests IN certain real estate
Order for the sale OF infants interest III the real
estate mentioned in the report.
Before Judge CLERRE.
Chas. j. Coggill ct al sgt. Speight ct al
Since the decision in Muir and Cartledge, 70 Barb.
r. IS by the General Term, it has always been main
taned in this district that rerfed answer cannot be
struck out as false OF sham Motion Denied with =
'V'''' CIRcrI1-Before Judge CLERKE.
Daniel w. Ingersol agt. MyrOn Van Duzen.-Judg-
ment for plaintiff Tor 800 with interest from June g. 1880
John w. Creation agt Henry II. Houghton ct al
Judgment plaintiff for 800 with interest from December
Melancthon Burr ag. Benz. Slater ct al-Judgment
for plaintiff tor 1887 IA, with costs ~, wa.
Eben. X. Sampson agt. Reuben w. Van Pelt.-
GISfRAL TEKM-Before judges MITCHELL ROOSEVELT and
DAVIES
THE CASE OF PARROTS DELIyERERs.
In the Matter Of Benz GsbIsitL sEf c:'-' a. s NJ
In this oass which was an application 10 stihe MI
JohnTown.hend and Mr.. Benjamin GabIaith from the
rolls for their agency in the escape OF August Parot
Judge Mitchell said that the Court had decided that
il will not issue any order in the matter OF striking an
attorney from the rolls upon &c arte aiiidavits 1t
will not therefore, grant even an order to show cause
without hearing the party complained against in re-
spouse The clerk will therefore, furnish copies OF
hes ee1id @
an opportunity of answering before the September
erm Of the court.
Elizabeth Hill agt. Mary Hill and others.-Order
John n Harbeck and another agt Jacob II. Van
deIbilt i'm pie aided, Ac.-subuitted Oh points.
ID hSs report eos@ud and
| judgment defendants entered thereon affirmed
The Second Avenue Railroad Co. agt. Coeman.-
Judgment for plaintiffs affirmed with costs
Thompson. pltf3., in error, agt The People defts.
error-Judgent reversed, and new trial ordered at the
Charles Wills ct al. pltfs., in error, agt. The Peo
| pie defts in error.--Judsnent affirmed:
In the matter of the New York Life Insurance ana
Trust Compsny-Ben d. Slman appointed 70 examine into
the the and TO report them to the Court &c
In the matter of the United States Trust Company
Jop,th,p Miller appointed to examine &C. as above
Margaret +. Mitchell ct al. agt. Eliza Condray ct
-Orser appealed from affirmed Adjourned to Friday JayS
COURT OF COMMON PLEAs-srEciIL TssM-JuSE %
Before Judge BRADY.
BILLS OF EXCHANGE.
King sgt. Hassn.
BRADY, 1.-THE instruments which this action is
brought bills Of eschnse They no, payable out OF any
.pnS Set to oppd or aedued from psIoniaS
fund or payment If the bills had been drawn accepted TO
due the objection they bill. Ct exchange and
were subject TO existing e9us would be s09d ths RUE sp
editionl Isl and 1888 Story Bill, IBo.tOn edition s4,
sections g AID a. and Kelley sst The Mayo &c hi as
upon which CONTINGENT or 1t be othTwse co1dl