New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1857-11-25

const quence Of Evacustiou and Thanksgiving Days
III ere will be general cessation Of court ousiness
until Friday.
The United States Courts will prob,by be in session
SUPREME CoCRT-SPxcIaL TsRs-Nov. 2&-Before
Juess MITCHELL.
DECISION.
Goo ". Noun. ast Thos Morton 80.
The plaintiff should cause additional bali tue APP
peal BE- given and justify notice; also security to BE-
gwen cost. al suits in the supr Court and shOat
Etior- judge Davms-Nov. q
AsorHER INJUNCTION AGAINST THE POLICE coNNis-
sIoNERs.
Philip McDermOt behalf himself an others at The
Board Of Metropolitan Police COmmsSionets
The plartiff complains that be is owner OF real
estate ard taxed for msutenance Of the City Govern
ths' be member Of ,ht oe police AMI "a. meyer oeea
such ,hA, Bosld Police have authority 10 appoint
e..,a. Including those vic were menbes Of the police
18Th of April 1851 and who have not since that iGe
,pes from appointing o. .ecsSirina any member OF the po
ice those who members Of thai force the
Jnees Davies granted the following injunction, cop, Of
II sppssrDg satisfactory BY the affidavit Of Philip Nc
DsrrDo the pu,a that sufficient sousds for order Of
Injunction exist hereby order THAI the defendant. show
bfor. at the chambers Of the Justices OF the So
.tmber 1857 at why perpetual injunction 'hoad not
DO granted Restraining the sai defendants from appointing or
bg members the Pfce OF the City OF New hok
her these who members OF the pocs OF said city
% DAY .t .rs tn ,o f from s 90
any members 81 the police Of the City OF New YORK o'neF
:n e s ne ns o. ss S 81 A oi s ga s
cause tire further or der OF this Cout and case OF
this order you will Be Liable therefor to the
aESreAt Term.
n THE MATTER OF me ESTATE or JEANNE DIT Lux,
DECEASED.
B.no j. Csuiole appellant as John =. Fere respondent:
On sppesl from the Surrogate
This case came No tor argument on Icesiay. In
November 1854 Jeanne Du Lux widow, aud resident OF
th, y cied atssa,e. LEAVING John Ferrd her AID
he estate Of he tecedcn a@ssscd BY her while
tr,dins tas y fine sole amounted as stated ey "a.
,sded in New YORK the surro9ste sraned letter. OF lection
on be. s.,s Peter sy S PTS A., Dssds With
the Surrogate the County Of new YoEk demanding letters OF
.oIt he'll aad the Public AdunistrsOr ed snwer where
b., be Pu, tia: qo.sti' = at 'sge
IN ID. Surrogst Court skDs COR toll letters OF administration,
sud subs-qGeny the went TO hsIia before tae So
Public Sweeney appearing 10 person and
Ms,s s, and Whitehead Tor tne FRENCH Consn
misht be iatertsted in The estate.
he proof sbuIdantJ shows aud in fact & admitted by
tie disiu, counsel Mr. OCCno Who argued the on
final hearing before the surrosste that Ferre the son Of de-
re legitimate and Therefore under the laws OF
Yei in ce the death OF the inse.tao s not the
the Perona property passed u distant collateral eson' IN
th. fifth to i. mother of whom the appellant Is Que,
srs. testimony introduced besre the suro
the Snnogste sitter very careful examination Of the evidence
abeush be found that he could tho
that the splcsa Fere lesmate sou ot tbs
s.ed tet to minis for the
pcss ,nsuting further inquiries In fesch Empire sud
sccordiDgy postponed NAL decision aud issued the COM
N,,sf, Geo,s c. Cram and Charles T. Whitehead were sp
poitted Com..s.ioLels and having performed the duy
signed the H. they mode their return Of the iacs found
Aatots testimony was nir9daesd ey the counsel ior M
ise by OeouoI for the Public Adnnstatcr an b. Mr.
jag Csujoe family and by Sir Sherwood and Mr. 81.
tJr the applicant EeIUe
The sdirossts bis ha decision and dcred ths let
he deceased thus finding his the fac Of hi, legitimacy
From til, Beno cseoe La. sRpcs.d TO this Court
80. taken By Csuoe counsel to ruling Of the Surrogate
either upon any eroeeoy question In respect to the rice
lion admission Of testimony or TO me has decree an vas
before mis- Court upon h' general objection 20
who. decision Of he sunosste made here BY ae counsel
for Mr Cayjole, foT the first time.
COURT OF COMMON PLEAs-sPEcrL TEsa-NOv Is
Before JuJge lNCR,HAM.
SALARIES OF DISTRICT JCsrCiS--Is THE DISTRICT
counr ACT or APRn - 1851, CossTITUTIoSALl
Jaues Gree re sgt. The Mayor, sc. Of New. YORK.
Pla:L.f is the Justice Of tue First District Court in
Ills J BOD to recover S4S TO- alleged to De due 70 hn
for .ssy such Justice Tor the month Of April E5'. II
tce Of the District Courts $1,000 that on tar
deg the legislature PISSED ne p. Cont SCI wh@s P.oa Vie
pensGn Justices Of the Marine Court and tass the
Ibs ahove Incur i, pertisy up the Of % 600
sae P s4 ss that they re pohSd BY
fom b,nowns any notey except IN iH5'eleS o. ne ish
b So ,o H. pssss ottas act the
Justices the Dct Courts The Controller OF toe aeendsnt'
Sic srt Of which would be required for the year 49, to
the Council That In ba s.mate ihe '.ass Q. TIE
Courts estimated A. r2TO per alhnn Inst tae
no. exi.tipg vas si2e That he Common Council passed
ar ordDsuce cpang ts amount for salaries aud tasi
the SINUS, tax BIZ. pissed Msreh lS5 Only s"t7or,
~,d ire Supsy;.crs to receive 4il2C0 for salaries OF
csrs IA the ely and county and pohibfod zoe dsinda
f-om BY s1es Dl autaof yea
10 ~ r 10 any oher ec than bill Authorized AID
sprrtriaed that the act OF ApIu H. 52 ncfsAsns 1ue "
u the justices Aforesaid gave - me 10 IN
consegucIco OF ese facts the deisndsbts nave no 70
"a, the PaiIa tho ,Ee,s:e n His saa r & 81 Sst"s
nths ssar, a. hs rate OF s.Ut saou n i. s
the plaintiff d. a "a. Sano 81 .e Bpa,s
meals to d,fray the increase IN these a'riet fr the
Crfrndants urged tas iheiT crater prohotea t1en
In b,,ipg suy money meet toe increased expense,
bt ,be biz opy the Supervisors Po~erto raise BY TAX
zoo sssres that tina. snOuOt hal been appropriated
.ss c 6thr officers ard Of the Just css Of hese Courts
a: the rates allowed them OF a@ aud tha' vac deiehda w.
bepg creatures Of theit Charters nia no
pr, pay the fant ts.' there was no way ~ vac,
they could the mercy Tq1 ed wA< also conten ioa
ths tie sc q APil IS 81 "as aad 70 p
IL oce The Cr. Of the D'trct Courts foe
N or,er While the Constitution makes inpersIVey
the duty tho Legislature to se toe oi these
Cas tie city AID county saiAoties aud tAt u mere
evasion part of the L-sstue after the Clerks OF these
Courts had beer sppontea by such s1th9us 70 c'ntln'e
IN Ia oce fot oag-r thar .ast sr wb:n they
,ny eppoip.d that the principle officers once
ntir coLtnlsd IN Office 'J life, and he power OF
virtually tsnsitrea " tie L. gsare Dscoa
NJ g Smith 70, pIartiai A R LawIerce Assistant C. c.
70: jsttnds1ts.
UNITED STATES DISTRICT CoURr-sov. 2&--s'fOre
The UgLi,e3 STATE az Victor Henry.
Sts def. DdSnt, merchant doing bu'loess in Ne~
street N. on thai hsrred with s.,.mpDg to pass "a
auauer iaToes 60 the Custom House 90 two sepAd9
lis Government f4ed 70 make oat the cas-: saa