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

june is-By cash Of A. " Stout. 2s 80 Is
lGy is-Byy : s.:s Of Of
ses5Ol q
| iseo.-oct. l5-Bsance on hand...,~'.....sT7' ~
From this account ii is evident that sum oil money
exceeding $50 GOO ought to have been all the time from
1855 on deposit drawing an nterestof per cent, and
yielding over 80 500 year. Yet it seems that the late
Chamberlain kept the money away from depost over
three years. that he restored only few days before
1 his removal from Office was contaminated; and that
his successor suffered it to remain deposit only few
days and then drew it out for the benefit OF the Art
sans Bank Just ON the eve of ts failure. This latter
fact is evident from the fact that the checks for the
money were payable to or came through that Bank.
The law provides that out Of the interest Of that
money the Court shall defray lie expenses Owing 10
this diversion of the money that Of its interest
could not be had and instead of it the taxpayers OF
the city or county have been compelled to pay that
expense. As the accounts kept this one s 20 con-
tryed that the Chamberlain at all times drawn out
| the amount on his own checks without any order Of
the Court. And il is the only account Of moneys de-
| posted IN Court where that be done. And 1t is
manifest that for period Of nearly four years the
Chamberlain has dealt with THE large amount Of money
in Court in direct violation Of the rule of the Court
tsee Rule 8l and the present Chamberlain is follow
| ing the example. For while the rule requires the
Chamberlain TO deposit all moneys in the New-York
Life Insurance and Trust Co.. the United States Trust
Co., or in such Bank or Trust Company as the Court
shall direct these moneys have been for nearly four
years kept in the private possession Of the Chamber
lain, or in some bank not directed by the Court. And
at this date the present Chamberlain has nearly 100000
1 -. L., b,.I In ,-iolotiop ~ tho rule.
Upon the above report and account the Judge made
the following order; F
spureme Cour-In the Matter Of the Fund. "a Court.
John w. Edmonds, tie Referee appointed LOT
that purpose at the last general term of this Court
having made this Court special report whereby 1t
appears that there is In the hands Of the Cham
| beilan of the City ard County Of New-York, as
moneys belonging to suors connected with actions
| peuding in Court, the sum Of $4,000 IL which has
not been deposited by him required by the Sst rule
of Court, but bas been deposited by him to bis own
credit in a bank not selected by the Court deposit
tory where it is subject 10 be drawn on bis checks
without any order Of the Court; Now il is ordered
by this Court it, mere notion that the said Cham
berlap within twenty -four hours after notice OF this
order under direction Of said Referee do deposit the
whole Of said sum in the United States Trust Company,
or show cause before at the Chambers OF the Su-
preme Court OF tie City of New-York on Monday, the
I'D day of October n-l at IL M, why be should not
do co. and in the mean time and until The further order
Of this Court the said Chamberlain and the Park Bank
are hereby restrained from paving ou on any
whatever any of the moneys In their possession
| belonging 10 suitors III Court. -
Annexed 10 this order is the affidavit Of Z. Luther
Hamilton, setting forth that he had served the above
| order on Mr.. Plat, and Mr.. R. G. Holmes, the
| President Of the Park Bank.
On the ooh Of October the referee made further
report TO the Court, follows:
Supreme Court-In the Matter OF the Fond IN Cont
To III 1Ssyrcme Court: The undersgn referee
under the order Of the General Term Of the 18th day Of
September last, specially reports.
That the order of Mr.. Justice Leonard, hereto an
nexed was served on the Park Bank and on the Cham
berlain Of the City and County Of NewYork, on the
morning of the Goth day of October, instant.
That such order has been comp lied WITH in manner
following:
Tie amount the hands Of the Chamberlain for depo, in the
Park Bank, lo9o's ~
And the same has been paid out, deposited, and dis.
posed Of, in the following manner, viz:
Deposited in The United States Trust Company;
October IL $3.50 ~
October Ilogs 20
S Ss!Ss:G e ACKNOWLEDGEMENTS ACKNOWLEDGEMENTS. 1oss
rot4l......;.........:.........".....slO9gls g
Paid TO 'git9r by order q Egg
Uunpaid checks on Park Bslk...,...'.'"...,. rs II
Total sI0Ss7s "a
| Thus accounting foI the whole amount.
There is now in the United States Trust Company
the foregoing Of sl0Jzl3 y
Aud balance Of the old account 10 ~
Total. 100 sSs 60
Which sum subject to be paid on the mere checks
Of the Chamberlain, without the production Of any
order Of Court.
The Referee suggests the entry Of an order prevent
ing that And he hereto copy Of the account
this day rendered to him by tie Chamberlain:
J. w EpsoyDs Referee The subjoined Is the seconnt
| referred to in the above paragraph: Park Bank
| Amount Of credit OF 4anibeTlain In Equity, Oct 49,
Dsnosiied Oct 55e u
| Total. SloS,S7s o.
| Checks paid since VIZ;
| United States Trust Co.....,........ $500 90
Tinted state, TIos, Co''''''''...''. 'G5a az
| Stephen II. IhayeT. ...............sss L,3tS w
United States Trust NeO9 70 -, =,
United States Trust Co......."''.'' AS '%fSEoEl o
Balance IN p.rt Bank Oct. as............. sTass7 q
| Check. on Park Bank, out and unpaid. ......sJ %
Checks Park Bank, out and nnpald -. =.
Chaks Oh Park Bank, out and unpaid IL IL sZJ Il
Amount drawn Oct 90 1850. for deposit In the United
orle5er ~ isSS y NATHAN c. PLATT
UPON the above special report and account, Judge
| Leonard made the following order;
grpEysr Special Term Of the Supreme Court
held ct the City Hall OF the City Of New orb, the I'D INST
1900 Presen,MI. Justice Leonard In tine matter o. th
Funds IN Court
John w. Edmonds, the Special Referee, appointed
! by order OF tie General Term, on the 18th OF Sep
TENDER last having reported 10 the Court that ther
was on the 18th day Of October instant on deposit a
the Park Bank TO the credit OF the Chamberlain OF TIN
City and County Of money belonging TO stors III TIN
! Court, the sum Of $lU5tN II; ~
And this Court having on The 18th day OF Odobe
instant made an order that the said should be de
| posted by the sad Chamberlain in the United State
| Trust Comnauy OF New.York which said order wa