The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-07-19
SUNDAY MORNING, JULY 10, 1857.

BY saA cosporaoa and Ia such capacity and the perform
asce q such dues bad and enjoyed tho OF the se
sss eo"ks maps, records docusnss and other property
That II The date st nae stoned Dc Mayor Of the city
ofew York. with the OF the Board Of Aldermen,
duly appoin ed Cna Devln Street Commissioner, In place
a said rAy Tor aeoeased thereupon said DevBn suo
ceeded 10 and in fact obAnot the aud enjoy mens OF the
and ha said Devn hes couuuea such ami performed
bis du'les Street. Commissioner nom The time Of hs sp
he fu sanction and consent q tho plaintiffs Who have 70
coenized and still recognise him ~ such Sree, oomnas
ina. one Daniel Conoyey claiming to be stree. Con,
miss. oner Of tho city Of New York under sppou.
men. bas commenced against sah Deyl proceeding
der the revived ststates Of this Stale. TO compel delivery
70 the tad OoDover Of the aforesaid books aps record
documents and papers, nas such proceeding was 90 co
ooe Justice Of the Supreme OOur Of tho State Of New
York, and the taid Peabody has made that said
ev in deliver said box he and other things 70 said Como
yer, and In default thereof be committed TO jail until he
delivers the same, or shall be discharged by Law.
g. Thai the said Devn has duly oo.ained an allowance
Of wrx OF cerSorari addressed tho Aforesaid Peabody
requiring him 70 corty the record Of the proceedings
Aforesaid and all testimony orders processes and acss
thereof, on the second Monday Of September o. 1851
thai the allowance Of such writ s endorsed thereon BY the
HOB hSnry Dsys one ;se luscSs ., ne ;Sa 80
has been delivered TO JUG 90 Peabody.
O. That po,withstaDdng the ssuing allowance snd ser
vice Of such writ the raid Peabody 70 40 "a. 20 ssue
rants In the proceedings aoresad-one to nS said
DevIn TO Jail until he deli 7ers up SAIL books and osher
things, Or otherwise dkchaged by law and the osber
directing ,ca,ch Of certain apartments belonging 70 the
plaintiffs for such books and osher things, and
isme when found, be seised and be taken before said
| Peabody.
10. rhat said have beea about 70 be,
delivered 70 James wies Sheriff Of the city and county
TO DO executed and the said OOnover has required that
the same should be executed, and The hsri threatens to
execute the
records documents and papers unoer said warrant would
be very serious interruption Of the business Of the sfore
said department. and would render Impossible fun d!s.
charge by raid Devn Of tho duties Of the Office Of Street
by said corporation Of il duties the public bu: the
By the puono Of tho means Of Access 70 sad
books and other property necessary the proocon Of
public interests tina. such and removal would Also
put in his power TO involve The plaintiff in Iae.tes
dAculiies and sxtons By reason Of his proceedings
II ina. the AFORESAID books mss records, ments
and papers have peculiar value archives Of public
ONCE and that their constant use required enable the
plaintiffs 10 exercise their corporate nctons and per
form their corporate dutes and TIA. damages be
sessed in any suit proceeding brought BY these plaintiffs
for any taking Of such archives other property under
the aioresaid would afford Adequate mpsrssnsn
for the Injury occasioned by such taking.
10 thai sne pap H nave never any way reSognl.sd
sioner Of the city OF New YORK; but always have repu
dated and now repudia,e tho same Wherefore the PLAIN
tits pray The judgment OF this Court declaring said
rants and each Of the TO be imperative aud tho de-
PENDANTS Conover ana Wle Their agents, attorneys, add
Court be perpetusy ,esrAped from taking any stop
wbstever 70 have said warrants or either of t6eu exc
s1S0 a. from ronoVps Or snasUs TO Ss removed sad
Papers, any either Of them may be when such order
is made and from interfering with the ssno in any
whatever and that tho sad Devln may DO In
IKE manner erjoined from delivering sad properly
any claiming under fer him. and that said CSnover
and wiet be restrained from taking any steps whatever
70 obtain possession OF ssd properly q any part
thereof, but without prejudice 70 the right OF said
Conover TO have the said ceTorsr returned otherwise
legally dnposek Of, obtain Judgment ,hereupon
to prescott quo earTanso TO obtain possesson OF the
ooe 81 e s % ana so ,s 20
both, In the premises, may be just, and tnct in the
meantime and until the further of this Court tho sai
defendants may be respectively in ke restrained
| by PIT imlnAry prov onal injunction order
RICHARD BUSTED, Attorney FOR PlaRtrs
Ch o'CosoR, DAsu < scxts, RlcaND BrsrED, OF
counsel
Oay ard Oo's;y ~ Nsss ywk, s-Hlchasd Erstssa b.
Ing duly iworp deooses and rays, that tie foregoing
to those matters hc believes 70 be EDe that he 10 tho
counsel 10 the corporation Of the city OF New York and
Of It's agents, and the allegations OF the complaint
more within his knowledge than Of any other agent Of the
plaintiffs RICHARD BUSTED.
Sworn to before this 18th day Of July, lss7.-rIIos
BoEsK, Commissiober Of pceds.
The following order was granted by Judge Iugya-
ham-On reading tho complaint IN tho above entitled
action. and on hcMing M Brstced, OF counsel for
In DO restrained until tho hearing and deter.
mlnaton or The order To show hereinafter contained
SonoV.r and W sS acr gsS,s
deputies, corsabes, sni all persons aching for undor
the m, either OF ihem from removing causing to bo
removed the books, maps records documents aoi other
property and papers the csmpal1, monnouod or
any either of them, the place places whore they
either Of them may be, ard nom interfering with the
same In any manner or way whatever; aud the said
Charles Dcvhn from delivering ssd property or any part
or for him And et this SotoSssni shos oanse bsorc
this court, special TORN thereof 10 be- hold at the
City Hall Of tho city Of New YORK; tho 2,h day Of Juy,
cnlonins tho Defendants AZ above mentioned until the
IN nj judgment In tbs action WIN other further
order for the benefit Of the plaintiffs shoui not be made
therein.
Mr.. Conover Takes Possession OF the street
Commissioners Once.
Az soon NJ Jsdge Peabody had sisred Tho warrants for
nrouDg Mr.. Dcvlin and searching his ollie, deputy
sheriff vuec made She arrest and took the prisoner 70
the Edridse street Jail. Constable harrington, Of tho
rwolfth wu5 Immediately went 10 the Hall Of Records
and commenced the search, taking possession Of quantity
Of books and carrying them W thc Supreme Court
which he entered while counsel discussing rro
ana effect of Judge Ingrahsms injunction This sudden
apIariOn % tho books apparently tack ell parties by sur
prise, and Constable Harrington being asked whether no
had moi been served with an injunction, replied that he
bad not; injunction shown him, but was directed
70 "sny Sheriff." whereas he sheriff, but con
stable and n therefore hsd no application 70 him
Nr Cenoyor, accompanied by Harrington and q number
Of riet SIS then sent over 70 The street. Com nissoncrs
oce sod entered ho back ROOM which vas sept locked
slon IN mcdlAlely after his appointment
captain Bnnc,i, who had bcen appointed Deputy she
rim, was prcsett, he said "o preserve the peace
Tts be announced 70 thoc present. and commanded thai
no should lay his hssd upon another.
Mr. Turner STATED In q chair bohud the desk. Mr.
Oonover going where he sA said "f am possession OF
this once, and you must vacate this seat Mr. Turner
pied hat he vas The Dcpuy Street Commits oner, and
should not DO to whereupon Copovcr took him BY the
collar and be vas forcbly elected. lie wont 10
the ucxt room and TOOK . seat behind The
dsss, where he quietly remsnet uaul o'ciook-ihe
q, al our tT cnsins the ohce-vhen took hs hat
aging good bye,n and left
when Conofcr forced Turner from the chair Captain
Ben bod him he had vioed The peace and no arrest
ed him Tor that cfepce. There was little pushing and
hauling, aud the Captain was prevented from tab ing
yer BY The crowd Of euds which gathered around him
The array not Al all serious, but Mr.. Turner was
slightly hurt IN the right LEG by being pushed against the
ralng Captain Bennett a once went W the Eberl's Of.
70. and reporied that be had attempted W Corovcr
for hreah OF the and bad beoa overposcred in