New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-01-12

Hsrso1r Is herman, 80 60 continue in trio lresen'
Judges, nos only sil the powers and juiissie'ionS
formerly pcssessed by tie Cont Of Common Pltas or
County Court, and by the first and associate judges
Thereof, but ALEC the power Of Supreme Court Comm,'
sioi witch the judge heretofore posseed virtue
ficio.
lis would seem, az il doubtless If, sufficient 10 JUS
tify IN entertaining jurisdiction Of the present pro-
cetding; bot may 20 still further. BY the Judiciary
act Of 1872 teee Lave p. $50, 36,, the County
Courts in TIE several counties Of this State except IN
tits city, were organized with all the powers Of the
form er Courts of Common Pleas, and the County
d,ion Of the former Judges Of such Courts. The Code
If Procedure in 1913 somewhat limited these powers OF
County Court, but continued them respecting al
statutory proceedings like the present Then, and as
would seem seem further to place the powers ana
jmitdiction of this Court and its Judges beyond
doula IN 1851 see Laws, ch 1879 law was passed DE-
caIipg that the present Court Of Common Pleas nad
power and jurisdiction TO exercise in this city ana
county all the powers and Jurisdictions then or there
after 10 he conferred upon or vested in the County
CouIts in their countless and also the powers and Ju-
isdiction which were vested in the Court OF Common
Pleas prior TO the enactment OF the Code oil PROCEDURE
in ls48 all this being in addition TO the powers con-
fered mon Va by the Code sec. 5 creating us court
Of general jurisdiction in all actions and proceedings,
whether Of law equity, within the County oil new
York.
having for beee reasons determined that pcssessed
the power conferred by the statute upon the st Judge
Of the county, IL respect to proceedings OF TINS
/ directed tie present controversy to proceed before
me- Council for Mr. Plat then presented his affidavit
deny ing that he had been legally removed from the
ofice Of Chamberlain, that Mr.. Devlin had been
record OF the proceedings of the Board Of Aldermen,
upon the removal Of Mr.. Plat, was produced, duly
certified by the Clerk Of the Common Council
Of 1872, chap 1853, acc. 3sho wing that daring the
wear 1860 Alderman William j. Peck was the Presi-
dent of the Board Of Aldermen. That on December
a. the ad Peck being then acting Mayor OF the CITY,
removed Mr.. Plat from the Office Of Chamberlain, Tor
certsn causes alleged and asked the Board, to whom
10 addressed written communication on the subject,
TO concur in euch removal. II sppesre that the Board
Of Aldermen concurred, and thereupon message was
received from the acting Mayor, Mr. Peck nominating
Daniel Devlin 20 such oico and the Board consented
thereto IT was further 10 my satihacon, that
IN the 2lst day OF December 1860, tho Hon. Fernando
Wood, the elected Mayor left the City and State OF
New.York, and did not return till the 9th OF tho
month; during all vi ich time Mr.. Peck attended ut
the Mayors Office and acted as the Mayor OF the city;
and that during the time lie acted, Mr.. Wood WAS
Lot present. at the Office OpIosod to The appointment
thus made, Mr. Plat alleges that the Mayor has sus-
rerdcd Mr.. DevEn from the Office of Chamberlain.
Assuming that the proof and claim behalf of Mr..
Devin il sufficiently denied by Mr. Plat, il becomes
necessary for ne to look into the charter OF the y ioI
tie purpoae of determining whether the removal and
appointment thus made Is in conformity with lis pro
vitions. (See Laws 1857, 64) By Sec. IL, II Is de-
claIed that whenever there shall 10 vacancy In the
from tie city, be prevented by sickness, or any
other csuie from attending 70 tho duties OF biz once
or shall be removed, In the charter provided, The
President Of tie Board Of Aldermen shall act Mayor
and sball possess al the rights and powers of the
Mayor during the continuance Of such vacancy, alb
senoe or disability.
SIC. 81 Provides for Department in the City
Government denomnsted the Department Of Finance
tie cef officer Of which shall be called the Controller
of the City of New York. In this Department there
r. Al. .WA fAf
moIeys belonging 10 the city, the chief officer OF
which bureau il called the Chamberlain OF the City Of
New-York, who IL required 10 keep certain books OF
account This officer, by Sec 81 IL required TO be ap.
rented by the Mayor with the consent Of the Board
Of Aldermen and may be removed in the manner
with the Heads of Departments.
The power Of removal is by the same section given
in tbese words: "Tbe Mayor shall have power TO
suspend for cause during any recess Of the Common
Council and by and with the consent Of the Board Of
Aldermen TO remove any Of the Ioads Of Depart
ents except the Controller and the Counsel 10 tbs
CoIroIaiion which suspension and the thereof
tball be communicated 20 the Common Council, If in
% ion and If not, then ut the rst meeting thereof
Tie Board OF Aldermen SiIsl have power without
tie consent Of the Mayor, by vote Of twothirds Of
of Der artmeDt for cause. o,-- .l.n the roer and
the Counsel 10 the Corporation"
1t .eems TO ne thsi provisions 20 n in and unsmbig
uous require no comment or explanation In the Alb
sence OF the Mayor the Precedent Of the Board Of Al
derIuen becomes Mayor in fact for any purpose and
can exercfe all his powers. He may with the consent
OF the Board Of Aldermen, remove the Chamberlain
and appoint another In his places but rs tins onicor
only chief Of bureau in q department of which the
Controller is head, there Ii no power OF suspension
connected with him. that power being confined TO the
Hesds Of Departments.
The ooncluliOn is thus forced upon my mind, unac-
oomIaDed by any doubt whatever, that, under the
cir unstsnces disclosed Mr. Plat has been legally
moved from the Office Of Chamberlain, and Mr.. Deylin
has been duly appointed bis successor, and as such IL
entitled to have delivered 10 h custody all the book
and papers in the poseesion Of Mr. Plat apperaning
TO The Office Che People agt Stevens, hii t2o.l
NUT therefore declare that has boon made TO ap
rear TO nee that such books and papers are withheld by
Mr. Patt from Mr.. DevliD; and under the provisions
Of the statutes respecting proceedings OF tins nature
(Sec 53l am constrained 70 issuo warrant commit
ting Mr. Plat TO the County JAIL there TO remain un-
til be sba deliver up such books and psPere or no
otherwise discharged according to law.
TEAL tsss-JAs iL-Rstore Judge BRADr.
CAUSES OF Tux LAWS DELAY.
OF the calendar containing twenty causes, only one
was ready fer trial
Judge Brady discharged tho Jury renstins thai be did not
fee. ostsed sklns them TO stteud further Ais term The
staie OF the country and the festivities Of this
Of tho wear bad perhaps occupied Of tbs legal
Items, bo we're ready for trial The dsy In business was
moi 10 be attributed the Court but the members Of the bar
The Court then sdSursed the fourth Monday In January
UNITED STATES CIRCUIT COURT-Jis il-Beforo Judss
SsALLEy.
INDICTMENT OF THE CORA AND BONITA sLAyERs.
The Grand Jury presented indictments against the
Captain and Mates Of the alleged sve Cors and Bons for the
es oense piracy and also for the minor odense OF volun-
ty .er on board sayer The Judge directed tbs Grand
jury 10 b. IN attendance next Monday at II oeloo for spea
purpose.
SUPREME COURT-SppcIAL TzHs-JH. n.-Bsscs Juries
inGSAHAs
ISIoH5.
Clemence s. Baker agt. John Baker.-Judgment for
arj,pdaut on demurrer without costs.
inyi Morton 81 al ag Mar Wel It sl-Ths date o, the
Ar.luin hunf liza dnx, han hA