The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-11

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Tho Arsena1 PrOperty-Anothcr Injunction.
sUPREAR c0uRr-sPsCIAL TERN.
Before Judge Cicrke.
JIM LOT Mayor a~d Commoa Council Of NoD York
pc me Commissioners q Lcnds awd Places TO day being
the day appointed for The sale Of the Aaena property in
care city did previously purchase II private sale,
the wing motto. of saie given
srArs oF NEW York, SscRnARys Osrcl,
| ALBANY, April %, 1851.
Notice is hereby given, pursuance Of resolution of
the Commissioners Of the Land Once, that the State Ar
property in The c,ty Of New York will be sold al
Wednesday the 10th day Of Juue n ~ sock NJ unless
previously purchased by the city Of New York. Twenty
per cent Of the purchase money will be required down.
and the balance within sixty days after the sale All pay
ments be deposited in the Office Of the "Aanhattan Com
York. N. P. STANTON.
Richard Bustecd Corporation Counsel, in behalf of tho
Mayor Aldermen aud Commonalty, and the Central Park
Commissioners, under the of Legislature formally
applied Judge Cerke TO restrain the Commissioners OF
the Land Once from dsposng Of the property by auction
or otherwise The following is the undertaking on which
the In junction was granted
The above named plaintiffs having applied to or NE
Justices of the Court for injunction in the aboveentei
action, restraining the defendants their agents. attorneys
and auconeers from selling in any manner dsposing OF
the arsenal and the grounds appertaGing thereto,
described in this action FORM conveying the TO
any peron corporation, other than the plain ills the
Mayor, Aldermen, &c, Of the city Of New York-Now
provided Richard Busted, of No l02 Madison avenue
in the city Of New York. duly undertake, the OF
$1,000 thu, the said plan is will pay the defendants
eDioined such damages not exceeding the before
toned sum, they may sustaio oy Of the said
Injunction this court shall finally decide that the said
plaintiffs not entitled hereo-such damages 70 be
asceraned by reference otherwise the court shall
direct RICHARD BUSTED
JuSx Q, 1867.
GIN and County Of Nee FORK ss-Rchard Bustced, the
sworn says tina, he is resident and roeholder within
this State and is worth the Of 900 and above
all the debts and liabilities he or has incurred,
- RICHARD BUSTED
Sworn before me this 9th day Of june 1857, WIZ. 8.
HAsKnI Commissioner Of Deeds
Cry and County of Neao Yor, ST. certify that this
oh day Of June, 1857, before personally appeared
Richard Bus.eed to me known be the individual des-
cbed in and who executed the foregoing undertaking. and
acknowledged that he executed the same.
WM S. HASKELL Commissioner Of Deeds.
COMPLAINT.
The Mayor, Aldermen and Commonalitv OF the city OF
New York. and Robert J. Dillon James T. Cooley, Charles
II. Russell, John + Buerworth, John A. C. Gray, Waldo
Hu,cbns Thomas T. Field Andrew II. Greene, Charles
the Con- mssioners OF the Central Park plaintiffs against
Henry seldsn eu;snan, Goyern9 Of the state Of
Of said State Joel T. Headey, Secretary o. the said State
Lorenzo Burroughs, Comptroller of said state Stephen
Clark, Treasurer OF said State Sas Seymour Engineer OF
sad State, and Stephen Cushing Attorney General Of
sad State the Commisaopcrs Of the Land Office defend
defendants aforesaid, respectfully state to the Court that
the several persons named plaintiffs in the title OF this
complaint other thaa the said Mayer, Aldermen and Com
monalty duly appointed the Commissioners Of the
Central Park by virtue Of act passed April L. 1885,
titled can for the regulation and government Of the
Central Park. in the city OF New York" and that the de-
PENDANTS each hold athe Office in that beh ,f noned
in the title 10 this complaint and oy virtue OF their
several offices the Commissioners of the Land Office These
plaintiffs further show that the said State Of New York
apd the State Arsenal and 1e greunds apper
tanning Thereof situated in the city Of New York, parcu
and Aarfll
1851, entitled An act 10 authorize the sale Of the state
srsenas in New York and Albany provide for the pur
chase OF the New York Arsenal property tho city OF
New York; and for the appropriation Of the proceeds of
such sales That by virtue OF said last mentioned Il
was provided that these plaintiffs. the Mayor, Aldermen
and Comnonaiy OF the city Of NeS York, the said
Commissioners Of the said Central park should elect pur
chase the said State arsenal aud ell the grounds apperan
ing thereto for the purpose OF the sad Central park and
should give nouce to that eS in writing TO toe AdjGtau:
General Inspec or General \. the Commssary General,
Commissioners appointed by Said last mentioned
ec procure the necessary grounds for the sites 81
tain arenas and for other purposes days before the
day designated for the sale OF sad srscna and the rounds
apperainng thereto by public action provided in tho
first section OF said smentoned act the said Comm,s
souers of the land Office ny such act directed TO
convey said arsenal and all the grounds apperaung there
10 to the SAID Mayor Aldermen and Commonalty Of the
cry of New York, receiving from said city the Of
S25 COO; and Tor the purpose OF making such purchase
the said Mayor, Aldermen and Commonaly were. by the
said lat mentioned act, authorized 10 ssus bonds 10
vice means for the payment thereof in accordance with
the provisions OF the act TO alter the Of the city Of
New York by laying out thereon public ace, and to
thorze the taking Of the same" passed July 2l 1865
And these plaintiffs further show that the said state
sena aud all the grounds apperianing hereto al
verlsed 10 be sold b. public aGcon the lOh day OF
June inst by by authority OF sai defendants and
that than days before the sad 10th day OF June
these plaintiffs, the COMMISSIONS OF the Central Park did
a. such elect to purchase the sad state arsenal aud all
the grounds appeTanrg thereto, for the purpose OF the
said Central Park, and gave notice 10 that effect IN writing
to the sad Adlian GeLera Inspector General and Com
misssry General Of said State OF New York. which notice
given than da' before the said day deg.
mated for such sale by public auction Aforesaid, by
whereof ,hereupon became the duty Of the said
defendants, as said Commissioners OF the Land Orcc to
convey said arsenal, and all the lands appefianing
thereto, unto these plaintiffs the Mayor, Aldermen aud
commonaF Of the city of New York, within reasonable
time after such election ant notice thereof Aforesaid
And these plaintiffs aver that upon suca notice being
given aforesaid, II hercupon De zane the duty OF the
said dcfcn dcsist and refrain from making such
sale aforesaid at public auction aud they thereupon
cd have power authority shacvcr 70 make
the came. And those plaintiffs further show III in me
diatey upon such election borg made ~ Aforesaid by
there PLAINTIFF, the Commissioners OF the Central Park
they notice OF their sail Gle ;On 10 these PLAINTIFF
the Mayor Aid rnen, and Commonay or the city Of New
York; and thereupon and practicable there
hfer due proceedings were Instituted, taken an
cuted and are now pending, for the purpose OF Is.
suing bonds 10 provide means for the payment OF
the tad purchase Of the said State Arsenal an all
the grounds aprertaniug thereto, in pursuance Of
the provisions OF the acts Aforesaid and that reasonable
time has not yet elapsed since The aforesaid elcc ion
10 make such purchase In which 10 enable these plaintiffs
the Mayor, Aldermen and Commonslty, provide the
means for tina, purpose And these plaintiffs further show
that the said Central Park laid out embraces within ts
limits the said STATE Arsenal and all the grounds appar
ng thereto that the said arsenal and grounds great
value TO the city for the purpose OF the said Parx ana
not included therein will greatly njure the beauty sni
impair the utility thereof. That the SAID defendants
should proceed and sell the sad and grounds
public auction as aforesaid aud the should such
sale be disposed OF 70 purchasers plain
uns The Mayor, Aldermen and Commonsy Of the city OF
New York, II will nevertheless become necessary pur
chase the same for the purpose Of the sad Park and
should such sale at auction take place the said arsenal aud
grounds can 70 The best Of the Information and belief Of
these plaintiffs, be obtained only by paying therefor
largely exceeding that for which the said Mayor Alder
and Commonahy are entitled convey
thereof as hereinbefore stated And plaintiffs
thcr say thai t1ese defendants OF
the CenraPk cleo ed 10 purchase and gave
OF azores and, and since the said defendants have
formed Of such election and notice. they, sal de-
PENDANTS these plaintiffs arc Informed and verify be-
cve have continued 10 advertise that the said arseua
and the grounds appcraining thereto. would be sold
pu3 auction tue said 10th day o. June inst these
plaintiffs apprehensive that such sale will be mate
less the said defendants their agents and auconeec-