New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-08-21
LOCAL MISCELLANY.
npERArnNs or THE MANpAMus

It
AN IMPORTANT DECISION FOR NorARiEs-rHE EEsis
ysR ooMPELLED TO RECORD A MORTGAGE AS-
snGNSENr.
Chapter 500 Of the Laws of New-fork, sec
sn T. was applied for the first time yesterday W ''
denomination of dispute in Chambers OF 'ne
Court by Judge Davis. Last month simon and Il
made assignment Of a mortgage IN 'n'S - cnty
executed by James NJ Byna'er' -, "a
notary with the usual Official ackno"ioueo 80
vent 20 be registered. inc hegs'e.' - IL, ,ado
sea 20 rcc,star II on the ground that u was no'
-. - :, mia own county and that he had NOT
-. ssss.i, informed by the Clerk OF KINGS Conny
~ ,s.,,on was AT once bought before Judge DANis
,.n an anpllcation FOR peremptory mahua""' ~
~. peg,ster 20 record the assignment tne pom" O
Sac construction of the law referred TO- .no 49,
,ns taken the prescribed steps. The section oil 'H"P
aer sO7 IL: $50. -, uirc.
os R,e6uond wescheser, Rockand, ana ior snS
y of his appointment, with his autograph slg,at
IN the Clerks Office OF any other on snu sou ~ bis
s IN snch other OF said counties with the sims H
- he now possesses by law In the county ior WIN" w
rs appointed
Judge Davis in hts opinion. SAYS;
This act took effect on July s. The Legislature
des gDcd Cothe tho notafes OF me seN era
named who shall have complied with its requirements
n respect 10 other counties with power 10 exercise
their official functions IN such other county ana ~ Ts
especially designed TO relieve them from me hegssf
Of hayuC their Official character aud signature eeruneu
from the county Of their appointmSat 10y S S sitS
the clerk of the county Ia which their enlarged
functions we're exercised 1t rs 70 oe Observer ner
that act relates only 20 official functions R ed
formed only in the coany an which he SHAH nave he1
the copy Of bis appointment ana nus slgnseul cn,
40 that certificate OF acknowledgment taken before
notary Of Kings CoSrty IN that county must De celI
fully se recorded by the Register Of NeW-1ork Inc
acc %Pg eP pe snS their exercise
IN another county. The certificate snonld lnulcaSe
where the DUTY is performed ana o. VIA tbe
before and 1t was the duty OF tne REGISTER
90 have recorded the assignment; but the question u
new ana Of such importance that he was lusuned
IN repairing that he presented before the courts Inc
maUGanus Is granted, without costs
SUNS AGAINST THE CITY.
Ar application was made yesterday to Judge
Robinson in the Court OF Common Pleas, on bOhslf of
Henry vaudewater for mandamus to compel Controller
Greeu to va, claim OF $780, for salary due Louis Bera
AS Watlrncer Inspector for 1s7l The claim was regu-
lary audited aud approved by the Board OF Audit OF
which the Controller was member, and the bill was
ordered paid Controller Green made return that
ne refused pay IL because he discovered that Beral
had not rendered services during several months COW
cred by the claim. The Corporation Counsel also oh
iccisd on ground that the relaOr had an action al
law pending the claim. Judge Robinson overruled the
Controllers return aud the point raised by the counsel
holding the action Of the Board Of Audit was u the
nature of Judgment and that 1t the duty Of the
Controller, after the bill had been audited, TO pay the
amount lie accordingly issued peremptOry man
dafnus
The paintings IN the Governors Room at the City Hall
ss engines the Fire Department buildings Ia Cham
ersst and the furniture OF the Controllers office, were
levicd On Tuesday evening and yesterday morning by
Mr. Maxwell OF the SheTif office, for the non-payment
by the Controller OF SiO5OO claimed salary by justice
Fowler The Controller has appealed on the ground
thai Fowler wulc Deputy Surrogate, retained $4,000 OF
the money belonging Ia the city, in addition TO that
which ne was entitled by law. Later In the day Jus
tice Fowler said lie would nave execution levied fo
$3.50 additional salary since Dec 81, lS7l