New-York tribune., 1871-09-08

In the year 1911, any amount OF money "ha'o'", W.
Ted and directed to he raised by the Board OF APp9r
tonmcnt mentioned In the 81 section OF ,he An Ar sct
and County Of NewYorf" passed April 19 1871, and be
'es shs s4
be commanded and eDjoined 70 meet s BSsra o ~
sad statute and TO fix the amount to I've raised a. IN ne
frat section OF said statute provided and 10 SET
much Of said sum to be raised y tax ta IN @ ntsres on the
bonds and stocks Of sad city and county snd or the
e%e Of 80 Of the principal and
stocks may become due and payable n9in s.arv
o paV the Of the State tax to by the
City and County Of New-York In said year anu VI ~ The
ysrdns ed ns Snd PURPOSES Of and
County Governments Of the City and Couuty Vi No"
g. That the said Board Of Supervisors be and
enjoned from auditing or ordering 70 De pp amount
than the sum which shall be set apart by the said Board
Of Apporonment during the year lSI tof sns % c
cordanee with the provisions Of the the third section o
T. That the defendant, the said Mayor, Aldermen and
Commonaty of the city Of New-YOrk. and its various
members officers, agents and departments DE tS
object Of expenditure shall have been ordered by the
Common Council not, unless an appropriauoh n sn
tionment covering such expense: and FROM auditing or
ordering be paid claims against the CITY 10 greaea
amount than the which shall be set apart tne
said Board of ApporOnmen during the year 1871 TOT the
purposes Of the said city, the government thereoI dur
ing said year. In accordance WIN the pro'ohso vi oau
third section Of said statute.
g. That the defendant Connolly, as Controller OF the
said city and county be restrained and enIoined from
paying any claims against either the city OF county
ewYork unless the shall have been nrst audtea
as required by law and also from paying any such
claims in excess OF the amounts set apart for such pur
poses by the said Board OF AppOrtionment ana Irom
paying or issuing any bonds raising any money for
the purpose Of paying any claims, acconns debts or
bills contracted with or INCURRED by ne Nee- 1r 6orS
pany the Manufacturing statoners Company, and The
Nep York Leader Association any or either OF them
half Of any or either OF them, for work. printing, or
advertising done or claimed TO he done by them, or
either OF hem goods sold and delivered by them or
either Of hem for the said City or County OF New
York. to or for department or purpose OF the gov
g. That said Defendant Connolly be further restrained
and enjOined from raising Controller, by any means
crn or ON behalf of the County Of NewYork or the
Board Of Supervisors Of said county or In the name or
the Mayor Aldermen and Commonaity Of said city,
sum sums OF money for paying or for providing Ior
City and County Of New-York or any department
S S fs Se Ssy GT a fS eG Or further
relief as may be just and equitable.
ROBERT II. sTRAHAN. Plaintiffs Attorney.
John Foley being duly that he is the plaintiff this
to the matters therein upon
those matters he believes it to be true. JoHS FoLEN
Sworn Ia b fore me this 9Th day ot ScllcmDtr 1911.
b. NoNEs, Notary Public, New-York City,
THE AFFIDAVIT.
SurREMH COURT, CITY AND COUNTY OF NEW-IoRK-
John Foley The Board OF Supervisors OF the County
OF New-York the Mayor, Aldermen and Tommonalty OF
the City of New York A. Oakley Hail. Richard B. Con
molly, William NJ Tweed, and Peter b. Sweeny.-Ahi-
davit.
city and County Of Neu- York, ss.-John Foley, the
above-named plaintiff being duly sworn, says that lie
has read the complaint p this action and that the same
s true to his own knowledge except to the matters
them he believes to be And deponent further
that the source OF his knowledge Of the facts set
In nain nd fhp nha
the several statutes in said complaint menti9pcd the Of
S e IN IN tine e of s snG the
cia reports Of the proceedings OF the Board Of snpfr
city the official messages Of the defendant Han to the
defendants the Board Of SUPERVISOR and the Common
nnov s%G e o lBS BSar e
mcn all of which statutes and official reports have been
read and examined by deponent. JoHN Foley.
sworn to before me this 9TH day Of September, 1871.
], y. MONIES, Notary Public, New York.
THE INJUNCTION ORDER.
Alta Special Term OF the Supreme Court, held in Cham
bers at the House in the City OF New York. the
7th day Of September lS7-Present the Hon. George g.
Barnard, Justce.-John Foley against The Board OF
superyisors Of the County Of New-York, the Mayor,
Aldermen and Commonslty Of the City Of New,York,
A. OaRey Hall Richard b. Connolly, William NJ Tweed,
and Peter b. Sweeny.-Inuncton Order.-It appearing
satisfaetOry to me- by the verified complaint and accom-
panying affidavit this action, that sufficient grounds
'OT " ordered that the defendant the Board Of Super
yisors OF the County of NewYork he and hereby Is re-
Estates real and personal subject TO in the City
and County OF NcwYork in the year 1871 any amount
said amount shall first be fixed and directed to be raised
by the Board Of Apporonment mentioned IN the third
section OF the of the Legislature OF the state OF New
York entitled IAN Act make provision for the Local
Government Of the City and County OF New-iork
passed April 49, 1871. and he set apart and apporoned
astherein provided.
And it is further ordered that defendants A Oakley
Hall Richard b. Connolly William NJ Tweed, and Peter
b. sweeny be and they are hereby commanded ana f,
ioned to meet Board OF Apportionment as required
hy the terms Of the third section OF the said statute
and to fix the amount be raised, in the first section
said act provided and to set apart 80 lnuc OF SAID
sary for the OF the interest the bonds and
stocks Of the City and County of New-York which shall
and for the payment Of much Of the principal OF said
bonds and stocks may become due and payable from
Pefi ped Sy the city and County NewYorE YEAR
and TO apporOn the remainder thereof among and set
apart TO te various departments and purposes Of the City
and County Governments Of the City and County OF New
And is further ordered that the said defendant the
Board OF Supervisors OF the County OF New-fork be,
or aa ORDERING to be- paid claims against the County Of
New-York greater amount than the sum which shall
during the yer sf Tor the purposes Of the said county
or the Government thereof in acceptance Win the pro
visions Of the Sd section Of said statute
And II IL further ordered that the defendant, the
Mayor Aldermen, and COmmonalty OF the CITY OF New
York snd Its various oGer na d enaaed frn%
mourning any expense. whether the object OF expend
ture shall have been ordered Dy the common Iounc ol
reyiously made by the aforesaid Board OF ApportOn
nent covering such expense and from auditing order
10 be paid claims against the city greater amount
than the sums which shall be set apart by the Board OF
hpportOnment during the year 1871 for the purposes OF
he said city or the thereof during said year.
in accordance with the provisions Of said third section OF
said statute. -,
And IL is further ordered that the defendant Connolly
az Controller Of the City and County OF NewYOrk he
and he hereby is restrained and enoined from paying
any claims against either the City or County OF New
York unless the same shall have been first audited as
required by law and from paying any such claims In ex
aforesaid Board OF Apporionment, in accordance with
the provisions the third section OF said statute, and
from paying or issuing any bonds or raising any money