New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-08-13

n na;nt,s IN sad action are, however at liberty
| thew should be 20 advised, to prosecute ne apps
which they took fion said order. provided they gvs
notice of an intention 10 do 80, withen ten days asl
| Il service of this order.
Ills fnrtf or ordered and adjudged that the plaintiff
| James B. Taylor and Owen w. Brennan, wnhia ~
DAYS after the service of this order refund and pey
over to the Mayor Aldermen, and Co@rnonaty Of ne
City of New-YOrk, all the moneys which said Taylor
and Brennan or either Of them, their attorneys,
lave received from Cyrus Curtiss the receiver sp.
ronted in said first above entitled action, including all
tuh sums as were received directly from saf Curtis
end also such sums as he ad deposited 10 the United
States Trust Company of New-York. aud were subse-
quently received by said Taylor and Brennan or one
Of them, or by their attorneys, from said irost Com
pany; which moneys 80 TO be refunded and Paid over
amount in the aggregate 70 the cum Of $50 40 ~.
II lie further ordered and adjudged that the writ OF
sion which was issued in the second Of the above
entitled actions and by virtue OF which writ the SAID
James b. Taylor was put into tie possession Of the
lands and premises in controversy De- ana the same
hereby get aside and vacated:
And further. that the said Mayor, Alder nen, and
Commonalty be forthwith restored to the fal poesss-
sion ar enjoyment of the said Land and premises and
every part thereof.
II Is further ordered and adudged that 1t be referred
TO John T. H. FIN an esq, sole referee, TO take and
state an account Of all moneys received by said Taylor,
his agents. or servants for the rents or proh or
occupation Of the lands end premises IN controversy,
from the time that said james b. Taylor entered into
possess thereof the 3lst day Of December last
down to the time when possession shall be surrendered
and restored to said Cor poraton and ALEC Of the need
essary expenses Of collecting raid rents and prohs;
and that aid James B. Taylor deposit in the United
States Trutt Company OF New.York, 10 the credit Of
the second aboveenti led action, the amount OF said
rents and profits after dedncng therefrom the neces
cary expenses Of collecting the same 70 abide the event
of The nd aboveentted action but id lieu Of such
deposit said Taylor wi hin twenty days fer oonfrma
ton Of the report of said referee, may give bond to
the sad Mayor Aldermen and Conmonslty of the City
of Eew.York, with sufficient surees, to be approved
by one Of the Justices of this Court notice TO the
Counsel of the Corporation, to refund and pay over
such moneys in the said plaintiffs in the said rst
action, the said Taylor, in said second action, shall
Lot recover judgment against the Corporation of the
City of New York. for the said lands and premises,
and conditioned also TO refund and pay over proper
Tomato amount Of such moneys if the said plaintiff in
the first action the said Taylor 10 the said second
action shall less of the premises in controversy
than recovered on the trial before Mr.. Justee Pot
ter in September, 1852
II is further ordered and adjudged that the judg.
ments and all the proceedings in the second and third
above entitled actions subsequent to the order Of refer
ence therein to be vacated set aside, aud annUiei
all the coss therein subsequent TO said order Of refer
ence hereby fixed at the snm Of three hundred and
forty-one dollars and three cents s4l 03 10 be paid
by defendants which eOsts bersby set of against
80 much Of tn moneys which said Taylo 81 Brennan
are by this order required TO refund and pay TO
said Corporation moneys received from SAID Receiver
or said Trust Company.
And further thai the defendants 10 said second and
third above entitled actions be at liberty to apply to
this Court to vacae and set ssde said orders of refer
ence or for such other order in the premises they
shall be advised TO ask and the plaintiffs in said
Ond and third abOve-enitled actions, may, within
twenty days after service of this order, amend their
complaint therein, as they shall be advised.
It is further ordered and adjudged that the several
matters aforesaid be faithfully observed and performed
by the respective parties who directed TO observe
end perform the and that either party shall be at
liberty to apply this Court notice. for such other
fnpthe rda n
and proper.
Immediately after the fling Of the above order, Con.
troer Haws issued the following circular, which was
served on each of the tenants:
CONTROLLERS OFFICE, Aug. IL, 1850.
The Supreme Court having ordered the possession OF
the West Washington Market property 10 this city
which property is bounded by West Vesey, and Dsy
streets and the Hudson River to be restored % the
Mayor, Aldermen, and Commonalty of the City OF
NewYork all persons IN possession or occupy any
portion Of sad properly are hersSy fs qsco,
city revenue and payment TO any other person or per-
s0n' VIII ~ ROBERT 4 HAws Controller
The plaintiffs insst that the above order Of Judge
Inerahsm does give possesson to the city, without
writ of possession obtained upon an action Of eject
rnent issued upon judgment.
CHAMBERs-AUG IL b fore Justice SurHaRLASD
Demurrer
Geo. s. Hoffman. ct al. agt. Sheldon w. Brewster,
stand.
COMMON PLEAS-SPgCIAL TERN-AuG. n-BefoTe Jadse
HLros.
DECISIONS.
Tim agt Case-Moton denied without costs, and
with liberty to renew II defendant is ~ advised.
limited STATES COMMISSIONERS OPTICIANS IL
Before Commissioner SrILwxLL-
DISCHARGED.
Cant Nanton, of ship Messenger held for examina-
ton on charge Of cruel and unusual punishment Dis
charged no witness appearing against him.
POLICE COURT-Aus. ll-Before Justice STEWART.
IMPORTANT TO wEI6BERs OF HAYS THE RECENT
CORPORATION Ordnance PROVIDING FOR THE
APPOINTMENT OF wEIGHERs OF HAY, coSsrIrv-