The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-03-31

were general and permanent IN their nature il follows
by section 500 that Congress has declared that the
provisions OF the second section OF the act OF 1923
repealed or superseded by subsequent act The force
OF the Legislative declaration contained IN section 500
of tho Revised Statutes in respect TO this subject has
been recognized by the Supreme Court in Two cases
The question presented as TO whether causes OF action
falling within the terms OF the second section OF the
act Of 1898 which prior TO the enactment OF
the Revised Statutes the 22d June, Is a can be
prosecuted on after the latter date has heretofore
been ruled by favor OF such prosecution on the
ground that the Supreme Court had held that the act OF
1866 did repeal the second section OF the Act of1s22
But the views above presented as 70 the eject OF sec
ton $500 OF the Revised Statutes in the par
ticulars referred to were as fully
sdcred as they have been here II follows that
all the odd numbered counts IN both Of the declarations
must be held bad. As the even numbered counts IN
suit No. l. and counts 2, and in suit No 2, arc
founded on Section Act OF 1866, while counts s. TO-
II and IA IN SUIT No founded Section 30S2 Of
the Revised Statutes, these substantially identical
Moreover this Is action Tor debt and in each OF the
even numbered counts the plaintiffs claim the OF
$4,000 as debt But the statute does not impose
penalty or fine Of S. 600 or OF any other definite sum-
or OF any sum which can be reduced TO certainty.
Besides the forfeiture oil the offending merchandise
the only penalty imposed is, that the offender shall be
fined in sum not exceeding So 600 less than 500,
or be imprisoned Tor any term not exceeding two years,
or both. This line canno be recovered in civil
action, but only after conviction on trial for
crime as punishment for which the Court may nnict
imprisonment with or without hne No such impris-
onment can be inflicted as the result of civil action
This Is action of debt and in each of the even numb
cred counts the plaintiffs claim S. 600 debt There
can be verdict Tor any definite sum. Debt
lies only where certain due TO the plaintiff or,
a sum which can be reduced TO certainty, so as to
form basis of verdict in favor OF the plainth Tor
a certain. II proves that all the even numbered
counts are bad The demurrers are sustained. The
decision is final in the Courts here, and only be
reviewed by the Supreme Court OF the United states.
A GLIMPSE BEHIND THE SCENES.
1t appears that some time since Mr.. E. L. Daven-
port the Brutus of the hour became indebted to Fred
erick c. p Robinson, another actor, in the sum OF
$500 On the 9th of January last Mr.. Robinson, as
appears by the papers proceedings hereafter referred
to- sent letter. dated from the Uuion Square Theatre,
TO Mr. Davenport, in which he reminds the latter that
the money was owing more than two years and ought
to have been paid long ago. On the Sth OF the same
month Mr.. Davenport replied in note which smacks
somewhat OF the days Of Fox and Sheridan. II reads
as lolows:-
Ny DEAR Your note is at hand and, believe me- the
contents have surprised alarmed and vexed because
knew any fact my trusty treasurer Mr. Thomp-
in many other cases. having kept in igno
ever SO prompt collect have allowed such debt
manager; alarmed me because don't know how
many more Of like nature may come
'yesS 40 think it quite time &C., but there am
snee have dor those same two years experienced you
would stare Hunted down by landlords tax gatherers,
time for protect that they have imposed on for colsc
all earned went to pay had support my
family under the pressure land at fearful rate Of interest,"
forced to anticipate no mean amount to enable me to get
S0n Ny to @ sSs %GS my S failure as
like the of Egypt each demanding and expecting full
been eIised TO get an advance from my employer and
81 a ADVICE @ ASSAULT
tn nix sod was either their good feeling at the eleventh
that gave temporary relief can only say present
VIII 0s % Sr ms 70 do ca n IKE
of all my creditors and see il can make some
cam the account. be- obtained from Mr. thompson So thai
really do not know how stand and 70 whom or how
scrape out something you shall have II but in the mean
working for CLEAN Of light For your Kind indulgence
thank y0 and Rps GS n think would do the right
compliments Of the season, am yours very truly
Six days later than the OF the foregoing let
ter, Mr.. Robinson sends rejoinder, in which he
says:-'1 must beg you will make some mmedi-
PEELED TO redeem my character for prompt collec-
ton Three days after the receipt OF this Mr..
Davenport informs Mr. Robinson that If his feelings
prompt him to establish his character for prompt
payment he hopes he will lose in his or
others estimation by such course under the circum-
stances
On the It'll of the present month it appears Mr. Rob-
set about establishing his character for prompt
payment by commencing suit IN the Marine Court
Tor the recovery of the amount OF his claim In the
meantime, and while the suit was still pending, the
friends OF Mr. Davenport presented him gorgeous
of armor by MIN in the play OF "Julius
Csar at Booths Theatre. This suit OF armor alleged
to be worth $780, attracted the attention OF Mr. Roba-
port about carry with him In order to repeat
the the field OF Phipp in the Centennial City
the Sd OF April next The plaintiff IN the suit, fail
ing secure admission To Booths Theatre to have an
attachment executed against the OF Brutus had
his counsel apply to the Court Tor an Injunction re-
strainlng Brutus, not from going to Philadelphia IN
person, but from carrying his armor with him. This
armor Mr. Robinson and his counsel assert is all they
hope TO secure In satisfaction OF any judgment which
they may obtain, and they lear y It gets to Philadelphia
thai is the last they shall see of it. Yesterday,
IN Chambers Of the M.rine Court, before Judge
McAdam Mr.. Davenport IN ask
for dissolution OF this injunction This motion was
made ground that the lacts insufficient to
sustain the injunction, there being evidence that
Mr. Davenport, in beng about TO the armur 10
Philadelphia, intended thereby to delraud the PLAIN
ti1 This point Judge McAdam thought we'll taken,
and said unless proof OF the intent to deraud pro-
duced he would be compelled to dissolve the njunc
ton. Leaving the tins condition the Court ad
ourned the day, and unless lie required proof
furnished this morning no doubt Judge McAdam will
dissolve the injunction, and leave the srmor of Brutus
free shed It's lustre the Quaker City side by side
with the venerable but newly FURNISHED Continental
bell
THE BLEECKER STREET RAILROAD.
The argument as the proposed lease of the
Blocker Street Railroad to the Twenty-thrd Street
Railroad Company resumed yesterday morning at
half.past nine O'Clock before Judge Donohue in the
Supreme Court, Chambers, and then, after some two
hours lntermission, enable tho Court 10 take up
other matters demanding its attention, resumed and
finished
Mr. O. Z. Bright, representing the Twenty third
Street Railroad, concluded his argument commenced
on the day previous Sometime ago he stated that an
offer was made by Mr.. sharpe 10 lease the road but
that the offer had been declined; that he made
other offer, which was apparently approved OF by The
majority OF the stockholders and nearly all the bond
holders OF the Blocker street road that the Twenty
third street road had ample means carry out the
conditions Of the proposed lease that lease this
road would be more advantageous IN many respects
than TO any other company, inasmuch the same
depot could be used and the same officer employed,
without any additional expense TO anybody He urged
further that judging by the past history Of the
Blocker street road II was far to presume that the
road could moi Independently be run successfully; that
the debts greater now Than at any other previous
time; that the proposed lease guarantees the payment
Of all the Indebtedness, matter how much aud fur
thor guaranteed dividend OF aud hall per cent
I.a