New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-11-13
LAW INTELLIGENCE.

SUPREME COURT-ePEc1n TKRn-NoT' E-bei''s
Justice LRoNAkD
THE COURT Yusp IN THE HANDS OF THE COUNTY
rRyAsuRy-How THE MONEY HAS BEEN usED-
TIE CITY cBAhBERLAIEs DRAWING THE FUNDS
ON THEIR PRIVATE AccousTs--THE COUNTY
LOSING TIE INTEREST ON FROM yIFTr THOUSAND
TO ONE HUNDRED THOUSAND DOLLARS A rEAR-
IEvrsrlGATIos AND REPORT oF REFTREE.
In the matter of funds in Court. Rule No. 81 of The
Supreme Court provides
An money, brought Court by this other Court
the action trsbe une.s the Court shall otherwise direct
a., and nv virtue u any law vesns him with the fund, OF
securities belonging to any OF the 'uoI. IN any SoS o. w
Life Insurance and Trust Company. the United State, lIe.I
Company in such BANK Trust CSmI.ny a. hs sGTs
unless the order udsnen, under which such money, are
brought into Court shall direct such moneys to he deposited
'0nf R 0i pgn5e tb s Comfy Treasurer report
be IT Of The amounts ~ 3, hs ds and proper
person who shall have the power to summon se
S Lss IN every drs, on the Tr,t Company by Tie County
for moneys Deposited in said cSRsny o. oI TIE ID
matter account Of which the draft Il nsce and The date
the order authorizing such drsts .hal be 'r,ed
Rule 81 provides that the County treasurer hal re-
mort on tie LIST Of January the amounts IN Lbs bands
&c aud the Court shall cause tie ame TO be examined
by come suitable and proper person, who sLHl Lave
tie power TO summon Witnesses, and report "ne'Lef
such accounts are correctly kept, &c. Rule % pro
ydes q az In every draft the Trust Company by tie
County Treasurer, for moneys deposited III sid Com
pany or for tie interest or accrmuiations Oh suob
MONEYS. tie title # tie cause matter on account OF
wic the draft is made and tie date OF the order au-
thorzing such drafts, slsll be stated
AT the last September Term of the Supreme Court
General Term tie Court appointed Hon. John w. EG'
monds referee to examine into tie state Of the funds
upder the control Of tie Court From this examina.
ton it appears that for the past four or five years,
although these moneys have been deposited with the
Trust Companies pursuant to the rule, yet the deposits
lave Teen drawn almost Immediately sner they were
made by the County Treasures, without an order from
Court and either for their own use or the use OF the
banks with which they have been connected. The
Court funds aggregate large amount, running from
$50 900 to sos O00 at which hitter amount 1t is under
stood the account now stands. This amount SHOULD
have been drawing interest Of five Per cent the
amount of such interest should have been available to-
ward paying the expenses of the Court; the draw
ing of the deposits from the Trust Companies has pre-
vented any accumulation of interest," and consequently
tie City Cbamberains, by their action in this matter,
have compelled the taxpayers OF the County to pay IN
taxes sucientto meet tie expenses which tas interest
would have covered. This interest at five per cent
would have amounted TO from 81 500 10 5000 year,
and the county has been the loser and would appear
from the records that the County Treasures have been
tie gamers to that extent There IL question but
that the principal of this fund has been al safe In the
hands Of tie County Treasury as would have been
in the hands of the Trust Companies and 1t is not prob
able that Il was tie intention Of these officials TO mis-
appropriate the funds that they supposed they were
exceeding their powers in the use made thereof But
il is uudeniabe that such use during the last four
or FIVE years cost the county from SlO,oO0 TO
500 OOO The following are tie reports Of the referee,
and the orders of the Court from time TO time made
thereon:
Supreme Court-In the matter Of the funds In Court
10 the Supreme C0Nrf.-The undersigned repre-
sens that by several orders Of the General Term, en'
tered on the 2sth day Of September ls',
he was among other tlings, Greeted TO make
an examination OF the e,s eOncihon Oh We iuI Jos
apt be entered upon the discharge of that duyi that
In the course Of his examination he found mat uetween
the 18th day of July last and tle 18th day OF Segem'
Der Last the said Chanpe LIN drew 9ul " the Il ,.
Trust Company of trust funds belonging to suitor IN
Cont the sum of SEQ S 10 upon checks, copies Of
which are hereto annexed be has never returned any
mart of that sum- exert that on the 18th day OF July
last he deposited with SAID Trust company sZ%oo 90
md on the 18th day Of August the further sum of
SS4S IS.
That al Of said checks bear marks Of having been
paid 10 the Artisans Bank =
That after ascertsiEing the foregoing facts be MADE
inouiriee of the Chamberlain and at the Park Bank,
and ed that the Chamberlain had Oh deposit IN
The Park Bank the following Gums az Court moneys,
viz:
On the 18th October. 1860 ss7,s7e.
On the 18th October 1870 slOl IA.
On the 18th October. 1900 Gus no ~ ,
That sd sum Deposited In said bank subject 70 he
drawn for At any moment oy the Imam Sns@Oeri4n Oh
Thai ia that way the present chamberlain ana hls
nredecessor have al suDdry times drawn out large sums
IRON the United States Trust Company, as VIII appear
from the statement hereto annexed, and thus deprived
the fund Of any earnings OF interest," and al ieast
changes tie place Of deposit Of the moneys without
leave of the Court and the same thing may be done
again by the present Chamberlain
That said fund when on deposit In the United States
Trust Company, draws an interest OF per cent, ana
the undersigned is informed by the President OF the
Park Bank that interes; is allowed by that 1K Oh
H. Under these circumstance the undersigned recon-
mends tie entry Of order requiring the CHAMBER
lain forthwith TO deIosit the whole oil saio las-nel
toned sum Of sl05 go IL in the United States Irusi
'S on, 10 }:sO wv EDMoNDs, Referee.
The checks drawn by Mr. Plat are all in pencil, on
the United States Trust Company, signed Nathan o.
Plat Chamberlain, Trustee, and Of the following
dates for the sums stated:
June H. 1858 rs payable 10 Artisan Bsnf. or order
u "a sISSso "a osvsbis 20 Artisans' bank or bearer
xns 2s $1,000 ST. payable to n C. PlA Chamberlain, OF
sept 1865 ST. payable to Hsrpel NOR or bearer
Sept 10 25 a. payable 70 Lassnsr ag Lasne OF beAeI
SEPT H. S29J2 A. payable TO Csry ag Ceyl or besief
The following 10 copy Of the ChamberlAinS Trustee
account:
ROBERT KELLY, Chamberlain Trustee.
The account began Sept. g 1855. The credits Were
as follows:
sep1 a:By GO % Deposited generally as cash
Oct I-By Cash.. 1850 N Deposited generally Is cash
Nov iT-By Cash... g57 70 Deposited generally CASH
No I'M Casb. 23ie GO De posted generally cash
Dec. 6-By Cssh... IL "a % Which was made UP "a fol-
Rhodes v Lender s224 ~ Paine FlanneIy -. II. U