New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-07-31
New1lark DAILY GsibspS
Law INTELLIGENCE
s.pRyMy COURr-CHAnBERs-JULrD .-B,a.
osAN HossEI SSoes

SUPREME coURr-cH..ssss-JUrr so--sss. ,.s..
T. The matter OF ,hs Petition Of s. Thomas cAsnh
:" '"' Of New. Yorh, for the Sale Of Real EAss csy
Po,Yry This Church WA incorpofsisA l, n.
osmte ias under Che Act 70 provide fef q. !ysyssa
Religious socie. e. passed Ap .hs . ns IN MAJ %
,1 |ot. Of Iapd, ,tusisd the porthwe- corner 80
wsy sod Houston street IN the cry Of Eew Yor W. n
s doe and aes ots on Houston street
Brcsdway and containing tosStssr .. re-, 70 No.. skss
rent ef 100 Of lot at the ;ery corner A~ees
Houston lsdjOnins their other lot, IN the . st
aasI On cart Of said lot. he'd 10 fee the Corprs s
said purchase sIeea ~ a s . ea,ns s. q Ss
wG n. b. nse WITCH wss sss
ys Tsn b 30 ss Corporation therefor 10 many Of the 's -
have p;en Inferred and now there remain % ne sssAs
ed eliIns house. which formerly occupied BY Rs
f yR ssse deS Office in Ne sYOr 5sr
49, p this cOrPos;on IN eOn,ssa ,1a;ns d , s@ PAD
WITCH had been partially destroyed By is co,su.a =
ssTseS for nte,mps for the term Of twenty po
said pemi,es the norhsry side Thereof @sen isst
sneins Broadway and Immediately dining the oa. n
0 non petition stating among other tsings that rse nsus
Of he persons composing the congregation reside al d,os
from the church ADD regaa attend ii' services sd
to leave unlss. the chrch Ia removed to coav.us
place that the church last year compelled % iupses
ground-rent OF tWeNt Cens tbo w" We
rented this year and the rents. win be sa e.. a,n sssA
said well tated for bushes PuI and yer, s
BILE and worth at least $4,000 which has beer Ss
or part of t. snd purchase land snd build church aspet
the city more 70, ~, own ~ ysa 3, w
70 surrender their rights therein for Una ~ -
hundred persons are .hon s9ty one con.en 70 81
of The real estate and their consent in writing to sa
especially to Of s sns boSe sheSeo au aide
Lnowledged proved, is annexed ne cor s the ~
S saa LAND for not ess than the whole .. ~
spd to sppyy 6 :asb
for he best interests Of the CHURCH. r.r,
The application opposed as foo~s 70 be CouO.o, ~
legal voter. in the election Of the church state n pa.iss
sSsS By al. ss% Of sns sd le sss or any
that Tue application denied and affidavit OF one Of ~
si ss merng service IN the
three mes and the church sss aSsy' 0een iu and
No statement confined the petition is denied or que
This religious Corporation composed of the consresioud
wor.ppers churea who entitled to vote ct elections
@ II S6e the entire .e pos over and 70
such property subject only 20 he statutory sos
and obtain order hi. Court authorizing aca al. The
Rector ard men y whom tsi. Peos
to its properly and Ia the absence
Of proof to the contrary wonld bel 70 l
the CorporatoIs In this pity lore ths
ouh of Copotors expressly Of and uuite
in the application In this as in al other compod
Of its affairs ia scarcely to be expected and whensyei
SropeT aspo.pn Snd S. Of be property he Vii Of e ma
ioy should prevail and be sustained unless shall that
their proposed scton illegal or in conavention OF the ua
sppeaIs &c valuable properly is
scarcely safcisn as Il now and used to pa
Ra. e. III Int BY ead Il
this locality man, persons formerly with this church
of Is only about o sn that the properly ofths
Church he CopoatiOn win be promoted ty slns tIs real
Church part of The ely convenient for tn, a,iendane
ss Ts s.d Sn interests Of ss 'nf Advancing
In ny opinion ttese ,s,s aly justify the sOPeion now
quire the Court 10 they petition
the dissent and Temonsnce Of the minority is not suai
for the city equally individuals that places public
.a T be So n s q .f s
population large In numbers but not possessed Of sufficient pc
for % and and BEEN strongly usd
this application should be denied but do no, know OF
ss RIf6d
va@S to public gss o the tS e are not
Second The owners Of many aO the burial vault.
that they have absolute and perfect right to tie o. such
vaults family vaults and places Or inter%ent and tia,
or in any way Interfere with sacn, their II Iht
To ss % ss
from each puch $3.50 being the purchsse money
and in agrees tssi
The and G sS T.S 81 % V. have tn.
said Corporation shall continue unless such shall be urohb
tied by the Corporation Of the city =. - =, - 1t,
have clear legal mint to such OF said wants during DE
existence of the CopOaon which Granted tn a:e .aset
therein. Mater OF the Brick Pr, ian Church Edwards
CHI r. 1855 Opinion of Rogses Referee, in same masts
Bradford r., SO, and cases referred to.l
has been suggested that these Of the OF the vaults
amount IN effect TO sale OF part OF the real estate Of the
Chuh that tLey made without the order Of the Court
having jurisdiction to authorize such sale aud are consequently
illegal do consider this the proper consuc
ton of those grants hey amount In nay opii demises
for paid advance the OF portions Of said real eta'e
aud such authorized and valid under section Of said act
of Ap5 1913 But whether authorized or not the pur-
Of tne vaults have cert ny acquired for good 'nsder
OF the grant aud covenant mde to them respectively and
this Com application TO the Church for authority 70 sell
lard should AID ill take thai such equitable rights Of the
Third The he and representatives, of Gerard stuyve.sut
de- essed insist that under ,he deed to SAD san al %
nohey side of the premises in qq-s kept opsn and unoo
twenty years therein mentioned and that such, their right
should be and provided the order made on thus
spphcsuon Inc nstthnient uhuFi "uc 'pey oA sun
has been duly recorded and any purchaser Of tie premise. WIN
take with Office thereof d. not that be
TO mention this or the rights claimed under 1t IN tho
An order may be entered authorizing St Thomas. Church 70
sell the said real estate for an amount net less than
winch the order must contain proper provisions and must so
contain d ec,ions in felatioa TO the Application that shall De
Vim. NJ Evsrs aud h. NJ Willett, for petitioners; VIM C.
Whitmore, }. W. Gerard Henry Day, w. Rutherford, A.
Before Justice LEONARD.
THE MARINE HOSPITAL PHYSICIAN SUING FOR HIS
sALARr-MASDAMUs AGAINST The COMMISSION
ERs OF EMIGRATION.
The People ex rel James II Jerome ast The Commi'-
soners OF Emigration
j his was an application for peremptory inandamus
to compel the respondents to pay the relaor salary 100 sue
quarter ending list OF April last, amounting II S2O Mr. Je
Of Nav isss by the Of the Sae With the consent Of
the Senate. he performed his dutes aud received hts salary at