Newspaper of The New York Herald, March 3, 1848, Page 1

Newspaper of The New York Herald dated March 3, 1848 Page 1
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f' " ' 1 - m i_T ' JL jti.. WnrU Ha. BO**. CODE OF | PROCEDURE. AW AC r Tt Simplify Abridge tlie Piar,II?c, IMr ?<' """I ttltUL JLlUlCrUIIIUS *J ft ?MV WM??? ? ?? : Siale. [cOKTIKtJKD.] TITLE VII. o? the rmn?!o.xai. bkmediih i>" actio*? CHAI'TfK I. trariT aid hail 8e\ 163 No prraon shall be arrested la a civil ae'ion. | except an prrfciibad by 'his ant; bat this provision thall do: fT, o". the not tt abolish Imprisonment for debt and to vurtl?h fraudulent debtors, pa*?ed April 2d. 1U31. rr an j set amending the same, nor shall it spply to procea'Mcfrs for oooUmp's S'O 154 The defendant may tanrrestcl, a* hereinafter pr-r-rlbed, in the 'ollowirg eacee : ? I. In an notion for the reco*?ry of damages, on a cause of i.ction oot aiising out ot con'v lot. J. In au <icuon for a fine or po^alty, or on a promise to merry, or for moneys collected by a pub ic eflleer, or by Hitnrn#y. solicitor or councilor, iu th? course of i' employment as such, rr by ary pci son in a h 'uolary ca a.'i'y, nr for any misconduct or neglect ii efflae, or in a prof fsl' nal cnspi'yisent ' i In an en'.ioti to moott tho pr n??*s?lrn <>f personal property nrju.Uly detained, vt ere the pro perty sh?II not h.v been clwlivi-rfil to tbe rlaintlff lb ProTidtd in the uei*. chapter iiut no f?inale shall be arrested In in action "rtitng or. e >ntraot, or lo aoy other auliou, esoopt for a wilful li jury to |?erenn, character or property 8- o l,i5 An order tor the i>rr?it of <he defendant inust h* obtained from a ju''g<t of tba <*on?t In whloh tho aotwi Ik b-"U)/ht or Irons a county judge 9*c 1S0 The order mi.y b<? inate. where It shall appiir f/. ttn> jii'Jge by the affl Uvit of the plaintiff or of fcty other person, that a sufUii-nt cause of aotion exists, aad ( xc-ptii.^ i.i the cyst's meutlined lo the seonnd subdivision of rention K>4 ) that the rtefendaat is not a rp.'id. nt of t.h,t Slate, or is Kboat to remove therefrom ji o 1 j7. B?for<; making the order, the judge shall reii"'rc a written undertaking. on the purt of the plaintiff, with or wltbrnt sureil-s. to the effiu-.t that it the defendant recover judgment,the plaintiff will pay all costs that moy be awarded to the defendant, and all damaged wbloh lie iniv ruvuln by reason of the arrest, *ot exceeding the m?n specified is th? undertaking. which shall be at least two hundred and fifty dollar* If the uudert:ikinpr b 1 executed by th'i pWin'iff without sureties. be shall nnn' x thereto an sffllavit that ji? in a resident and houe-holder or freeholds withlu the S'ate, and worth dcuMH tba sum specified in the undertaking, over all his debts an'l liabilities Sea 103 I'ha order may be made at the time of comEjeceing the ac'iou, or at any time afurwarde bifore j<J?m'-nt. Itghili require the sheriff of thi county, wb re th defendant may be found forthwith to arrest him, a-d hold bim to ball in u specified suia, and to return tV< same at a time and place therein mentioned, to t he pUlctiff or attorney by whom It shall b3 subscribed or endorsed S o lt>9 The aSldavit and order of arrest shall be deliver')! to tbn sheriff, who, upon arresting the defendant (bill deliver to him a onpy thereof B*'0 16') The aheriff shall execute the order, by arres'mg the defendant and keeping bim in custody, uatii dl*ibargea by law; and m?y call the power of the county to his a'. J, in the execution of the arrest, as in cu?e of process. S c 161 The defendant, at any time before execution, shall be ditcliarged from the arrest, either upon g vi'g or upon depositing the amount mentioned in the order if arrest, as provided in this chapter. Seo 16i. Ta? defendant may give bail, bj causing a written undertaking to be executed by two or more sofAnient hall gtatian their plac*s of residence and occupations, to tbe effect that (be defendant (ball at all tiims render himself amenablo to the process of tbe court, during the peudeacy of the action, and to inch , oir.uy he is>n*dto enforce tbejudgment therein. Sao 163 At acy time before a failure to comply with tuair undertaking, tho bail may surrender the defendant la tbeir exoneration, or lie may surrender himself to the sheriff of the county waere he was arrested, In tbe following ramrer: 1 A oeriifled copy of tbe undertaking of the bail shall ba delivered to the eheriff, who ahall detain tbe defendant in his custody thereon, as upon an order of nrrist, and shall by a certificate in writing, acknowledge tbe surrender 2 Upon the undertaking and sheriff's certificate, a , Juds* of tbe court or county judge, in?y, upon a notice to tbe plaintiff, of eight days, wltn a oopy of the nnder- I taking and certificate, order that tbe bail be exonerated. , and oo flUog the order and the papers us?d on suoh sp- , plication. th*y shall he exonerated accordingly. See 164 For the purpose of surrendering the defendant,the bail,at any lime or place, before they are final- ' i? charged, may themselves arrest him, or by a written authority, endorsed on a certified copy of the undertaking. may empower any person of suitable age and discretion to do M. Seo 164. In oase of failure to comply with the under- I taxing, tbe bail may be proceeded against by aoilon oniy Sec 166 The bail maybe exonerated, either by the dtath of the defendant, or by his legal discharge from the obi1 g itloa to render himself amenable to the prooees, or by hi? surrender to the sheriff of tbe county where he w?s arrested, in execution thereof, within twenty dejs alter the commencement of tbe aotian against the bail, or wiibin such further time as may be granted by the court. Sic 167 Within the time limited for that purpose, tbe sheriff shall deliver the order of arrest to the plaintiff er attoruey by whom it is subscribed with bis return endorsed, and the undertaking of the bail The plaintiff. within ten daye thereafter, may return the undeitakiugt the sheriff, with a notice that he does not accept it: or he shell be deemed to have accepted It, ard the sheriff shall be exonerated from liability Sec. 168 On the receipt of the undertaking and botioe. the sheriff may, within ten days thereafter, give to the plaintiff or attorney by whom tbe order of arrest Is subscribed, notice of the justification ot the same or other bail, (specifying the plaoes of restdenoe and occupations of the latter), before judge, at a speoltled time Hndplnoe; the tlm? to be not less than flve, nor more than ten days thereafter In esse other bail be given. inrrr mill Itr Bl? lu mo iiuia I'llDvy*iwiiu m section 182. Sec. 109. The qualifications of ball must bs as follows : 1 Eaoh of them must bs % resident, and householder or fre-boldsr, within the Stat* 1. They must eaoh be worth the immnt specified In the order of arrest j bnt the judge. ? justification, rosy nllow more tbau two ball to justify severally In amounts Jess thin thit expressed In the order, if tbe whole justi tl?*tion he equivalent to that. cf two sufficient bill beo 170. Fnr the purpose of justification, each of the bill stall attend before tbe judge, at the time and place mentioned in the notice, and iu?r be examined on oath, on tb* part of the plaintiff touching his sufficiency. In such inmiK-r ?s the judge, in bis discretion, may think proper The examinatoa shall b-j reduced to writing, bli t fu'-s-ribed by tbohall Hes 171 If ilie judge And the bail sufficient, be shsll nuiinx the examination lo the undertaking, endorse bis allowance th-reon. and deliver the same to the plaintiff or o-.uie them t? bs filed; end tbs s heriff shall thereupon be e*on?ra>> I from liability. Hee. 17 2 The defendant may.at the time of his arrest, instead cf giving bail. deposit with the rheiiff tbe amount rnentl"ned in the order The sheriff shall thereupon give tbe 1 -fenaant. ? c-rtitl-.ate of the dep'slt, and the a> fonJant shall he discharged ou*. cS custody. Mac 173 The sheriff shall, wlthiu four days alter the lrp'Slr,;)'.'f the same into court: and shall reoeire from the clerk trro certificates of such payment, tbe one of which be s^alt deliver to the plolotlff, end the other to rh defend ict Kor any default in making sucn payment, tbe sine prrce?dlnK8 may bs had on tha otlinial bond of t'm e hen IT to collect the sum doposited, as in ojher esse? of d-lic<ju<-Boy S C 17-4 It money bo deposited as provided In th* list two sections 5*il may be given and Justified upon notice us pre?crlb?d in seivion 108 any time btf' re judgment. ; r.nd tVT' upon the j n ig* before whom the justtfioatl' n is h.?d ?li'.ll direct, in ib* order of alinwunoe. that t h?* IB' u-y 'J- posited be re;nndtd by tbe sheriff to the defendant, Mid It shall bs refunded ucoordirgly. Sea 1??. Where nr ney shall hav* beeu'to deposited, if itiem'-inoii il?-poflt st the tlm? of an crd?r or judgm?ut frr tho payment of money to the plaintiff, the clerk fbiil. un l r the direction of the Court, apply the same In satisuo ion t hereof, an I after satisfying the judgment eatll reiu-.d til* surplus, If any,to tbe defendant. If the judirmeDl be in f?vor of the de.endant, the clerk shall relu id t > hi i the whole sum deposited and remaining ua?ppiled. 8 i'.. lid. If, after being arrested, tho defendant escape or 04 rescued, or bail be not given and justified, or a i-p -sif h? not msd* Instead thereef, the sheriff shall *muis< If be Ikbl* as hall But he may dlsobarg* himself from eiich liability by the giving and justification of ball, ns piovlde l in sections l6Sklti9,170, tod 171, at any time be;ore process against tbe person of tb* defendant, to enforce an ^rdi-r rr judifmi'nt in the actioa. Hon. 177 If * judgment bs reeovered against the sheriff, upon his liability as bill, and an execution thereon I'd re: iirncd unsitlrfled in whole or in part, the same prooe lin?S miy be had on tbe official bond of ths sheriff, to collect tbe deficiency, as In other cafes of deltn qaeiicy 3ec 178 Ths bill taksn upon ths arrest, shall, unlets they justify, orotber ball be given and justified, be liable to tbe sheriff, by ac.iou, lor all damages whloh he Ki'jy susriin by resson of such omission h '* KH A dmlHndflnf. nrrMtoil in.iv at ant timA hft fore ihe jiKttfl.-atlou of ball, npply. on motion, to va- | cite th? order < f arrest, or to reduce the amount of the i bill fteo I r0 If lb" motion be made upon afflJariti cn the j part < f the defendant. but not otherwise, the plaintiff i uiay cppoee th? same by affidavit* or o=ber proof*, in ( 0 iditlon to thoee on which tha order of arreat wa? made. , CilAPTEtt II. ri??M ANP DKLITKHT OT rr.ltaosAI fROPKE1T. See. 181. 1 he plaintiff, In an action to recover the poe- 1 aevioa <" pertonal property, msy, at the time of corain'Tii'gthe action, cWim the immediate delivery of iuch ' propetty, *a provided in thin chapter rf j loll. Where a delivery la claimed, an affidavit i wntbe mi?l? by the plaintiff, or by Romi one In his belief, allowing, I i i t Itie plaintiff I* the owner of the property 01 ilm-i. (jnrtionUr'y dnerlblnu It,) or i? lawfully ?ntUlul to ihe poisefilon thereof, by virtue of* special ^ropi-T' v tberefo ; tin fauto in reapeet to which shall be ret firm i ' T.i t the i r r .*? i" w:on."ullj detained by the def-*i* it: .1 l'haallseed c*a:e ol the ditMUlou thereof, acocrdiatf to bii beat kaownJ^e, Information and b?U?f; E N1 i 4. That tbe fame h?R cot been taken for a tax, r?;eM- I menC or fine, pursuant to a statute ; or selzsd uo4*r an | rxeouMcn or attachment against tbe prcperty of the i plaintiff; or If so seised, that it is, by statute, exempt from such seizure ; and o Tbe actual value of the property. Sro 183 Tbe ilsintiff may, thereupon, by an endorse- i mentin writing upon the aflldevit, require tbe sheriff of | the county where tbe property olaimed m*y be, to take 1 the saxse from the defendant, and deliver it to the plaintiff i Seo. 194. Upon the receipt ot the affidavit and notice. 1 with a written undertaking, executed by oa* or more ouiuvivui surniin, uppn>vmi oj uif novriu, iu tur rurci ; that they are bound, Id double tbn y>la? of the property as stated la tbn affidavit, for the prosecution of tbn action, for tbe return of the property totbe defendant, It : return thereof be adjudged, and for tbe payment to blm j of such dim a* may, for any oause be recovered against t the plaintiff, tbe sheriff shall forthwith take the property described in the affidavit, If it be in the possession j of the defendant or hi* agent, and retain it in his custody. He shall, also, without d'lay, serve on the defendrnt a oopy of th? affidavit, notice and undertaking, by delivering tbe same to him personally, if he oau be found, or to bis agent, from whose possession the property is taken; cr If neither can be found, by leaving them at the mual place of ab-xie of either, with some p rson cf suitable ajjs and discretion; with a notice in writing, that the sureties will juati'y before a judge of the court, or a county judge, at a time and p'aca therein named; the time to be net leas than four nor more than 1 etaht days thereafter Sec. IMS. If tbe anretiea do not justify, according lo . tbe notice, the sheriff shell firth with deliver the pre- I perty to the defendant. If they justify, he shall deliver | It to tbe plaintiff, unless the demadant shall entitle himself thereto, as provided by thenext two sections. s'ec. 186. At any time before the delivery of the pro-.! party to the plaintiff, the defendant may require tbe re- j turn thereof, upou giving to tbe sheriff a wr.tien undertaking, exfouud by t'vo or more HUffinientsaretlea, to , the eff'Ct that they tro bound, in dcuble the v:.lui of j the property, as stated in the afiWavit or the plaintiff, for the delivery thereof to fbe plaintiff if such delivery be ; adjudged, and for the < nycijat to bim of sucfi sumac < m?y, for any cause, be reoovered sgtinst tbe defendant j Stc 1S7 The defendant's suretres, upon a notice to ' tbe plaintiff, of not less tban four, nor more than e'ght ; days, shall justify before a judfe. in tt>e same manner as ' he sureties given by the plMntiff ; and upon such justi fioation, the sberiff ahall ueliver the property to tbede- j f?rdant. ?*?< . 1S8. Tbe qualification* of sureties ar.d tli'ir justlGoatien, shall b-.> as are presorib?d by s-otious 169 and 170, in respect to bail upon an order of arretr. 8?o 1?9. If the property or any nurt thereof be concealed in a bulidivg or enclosure, the sheriff shall putiIioly demand its delivery, if it be n<<t e?llverrd. he s'uail ouuse the building or cuclerure lo bs broken open, and take tbe property into his poe?es>ion; an i if necessary, he may call to his aid tbe power of bia county 3:0. 190 When the sheriff shall hive taken property, as in this chanter provided, he shall kc en It in a seoure place, nnd deliver It to tbo par'y entitled thereto, upon reoelvlng his lawful fees for taking, and hi* necessary expenses for keeping, the cams. CHAPTER III. IflJUTVCTIOlY Seo. 191. The writ of injunction la abolished ; and an Irjtioction, by order, 1s substituted therefor Ybe or. a?-r may be made by a judge of the court in which tbe action la brought, or by a county judge, in the oases provided in lb? next section. Src 192 Where It shall appear by the complaint, that ; the plaintiff Is entitled to the relief drm?ndeil, and j nuch relief, or any part thereof, consists in restraining | the commission or continuanco of s act of the dt fendunt, the commission or continuance of wbloh. duting tba litigation, wouM produoe great or irreparable injury to the plaintiff ; or where, during the litigation, it eh*ll appear that the defendant Ik doing, or threatens, or ie about to do, some act in violation or the pluintilt'a right-, respecting the sutjeet of t&e action, and t?nding to render tae judgment ineffectual, a temporary injunction miy bj itrantod, to restrain such act. Seo 19.1 The icjunotlon may be granted at the time of commencing the notion, or at any time afterwards before ju?g>aent, upon ita appearing satisfactorily to tbe judge, by tbe affidavit of tbe plaintiff, or of any other person, that raffloient grounds exist therefor. A copy of the affidavit mu?t be serTed with tbe injunction. See 104. An injunction shall not be allowed, after the defendant ahill have answered, uuless upon notice. or npou an order to show cause ; bus in sueh case, the defendant in'y be restrained, uotll too decision of tbo judge, ^ranting or refusing tho injuuotlon. Bee 11>6 Wnere mo provision is made by statute, as to sicurity upon an injunction, t&e judge shall require a written undertaking, on the part of the plaintiff with or without sureties to tb>i effect that the pliin;ff will piy to tbe party enjoined, such damages, not exceeding an amount to be specified, as be may sustain by ro^ou of tbe injunction, If the oourt shall finally deoide that the plaintiff was not entitled thereto. The damages may b* ascertained by a reference, or otherwise, as the court sball direct. 8eo. 19ii if the judge deem it proper that the d*fendant or any of several defendants, should be heard be fore granting the injunction, hi may, by an order, re quire cause to be ehown. at a specified time and p!*ce why the irjunction should not b? granted ; ani he may In the m?au time, restrain the defendant. Seo 197. An lej unction to suspend the general and ordinal y business of a corporation a ball not bo granted, except by tbe oonr? cr a judge thereof Nor nhall it be granted, withou-due notioe 01 the application therefor, j to the proper btflcurs of the corporation, uukrs lhtplaintiff shall giro a written undertaking, executed by two sufficient sureties, to be approved by tbe court O' judge, to the effect that tbe plaintiff will p*y all damages, not exceeding the sum to be mentioned in the undertaking, whioh such corporation may suntato, by reason ot the injunction, if the court shall Qnallf decide that the plaintiff was not entitled theieto. The damages may bo ascertained by a Tolerance < r otherwise, as the oourc shall direct Sec 193 If the lnjuoction be granted by a judge ot the court or by a county judge, without notice, the defendant, at auy time fceiore the trial, may apply, upou notice, to a judge of the court in which the action is brought, to vacate or modllv the same. The application may be made upon the complaint and tbe affidavits on which the injunction was granted, or upon affidavits on the part 01 the defendant, with or without the answer. Seo. 199. If tbe application be made upon kfildavits on the part of the defendant, but not otherwise, the plaiutiff may oppese tbe same by affidavits or ether proets, in addition to those on whioh the injunction was granted. CHAPTER IV. OTHKI PROVISIONAL R K M * PIK s Sec 200. Until the It gtsl&ture shall otherwise provide, the oourt may appoint receivers, and direct tbe deposit of money or other thing in court, and giant the othrr provisional remedies now existing, acoordii^g to tbe present prscf ice, exoupt as otherwise provided In this act. TITLB VII!. or THf. TRIAL A*l> JUDGMENT I* CIVII, ACTIO!** UH.M'UK I. JCOfiUFHT L'I'OJi FAILI.'BE TO ASaWKa. Sec 201. A judgment is the final determination of tht right* of the parties See iOi Judgment may be h?d,If the defendant fail to answer the complaint as tollovrt: I. In an ac.icn uruinn on ooutrnot, for tbo recover} of money only, he may fliu with the clerk the summon* and complaint. with proof of service, and that no answer has been received. The clerk shall thereupon enter judgment for the amount mentioned in the summons 2 la other actions he Day, upon the 111(4 proof, apply to the court, at the time ana pmoe specified in the summons, for the relief demanded in the complaint if the taklog of an account or ihu proof ot any fict be neces aiy to enable the court to give judgment, or to carry the judgment into rlTset, the court, instead of tailing the ncc:<unt or hearing the proof, may, in its diccretioi. order ? vrl<-rence tor that purpose to aiy perron, frre from all exoepliou. to be nxmed by tbe j.iulnt.lf And where the action is tor the recovery of inon?y only, th? court, it tba plaintiff ttqulie it. 'ball order the daumgrft to be aisrssnd by a jury, or if the ez?mii:aticn of a long account be lnvolveu, by a reference as above provided. CHiWTBli. 11. ISU'ES, *1?D THE MODE OK TRIAL. Sec .'03 Itsufs arise upon the pl?adtcg!i, when a fact or conclusion of law is maintained by the one party and introverted by the < Iher. They are of two kindt: ? 1. Of law; and J Of fact. Men 204. An l?fue of law, arises, 1. I pon a demurrer to the complaint: or 2 I'pnu an allegalon of fast in a pleading, by the one party, the truth cf which is not controveited by the other. Sec 3PA. An intna of faet arises, 1. Upon an allegation in the ooznplalnt ooatiSTerttd by tlie answer; rr i I'pon new matter In the answer eontroyert^d by the reply; or 3. Loon new matter in the reply. Sec SOS latum both of law'nud cf fact may arise upon tba pleading! in the same action In such case, the issues of law moat l>s first tried, unl?M the oourt otherwise direct. Hte. 307. A trial la the judicial examination of the la sues bttween the parties, whether they be Issues of law or of faot. See aim Whenever, In an action for the recovery of money only, or of specific real or pnrsaual property, there ahall bis an Issue ot. act. It mast ba tried by it j ur y, uukss a jury triel ba waived,aa provided In aeotion '.I cr a reference be ordered, aa provided in aeotivina Mb and 'i'Jd Sec 30t>. Kvery other Issue ia triable by the court which, however, may order the whole issue, or any specific 'jueetlon of faet involved therein, to be ttleil hv a jury , or may refer It, aa provided In sections 'ft and ^20 Sec. JHV AU Issue*, whether of law or fact, trlabl* by a Jury or by tho conrt, ahall be tried before Celeste judge Issues in the supreme oourt ahull be Uied at ihe olrcultoonrta. Sec 911. At any time after Istue, and at least ten dajs before the qoart, either party may give notice cf trial The party giving the notice shall furnl-h the olrrk, at least lour days before the court, with a cote of ihe Isaue, containing the title ot the action, the names of the attorneys, and the time when the last pleading was served; uud the cleik shall thereupon enter the cause upcu the calender, according to the date of the issue. See. 111. The Issue* on the calendar shall be die ported of 1b the following order: unless. for the convenience of parties, or the der patch of business the conrt (ball otb?twl?e til *ct: ? I Issues ot fact, to be tried \tj a jury i. Itsns* ot Act, to be tried by the oourt I. Jaraw of law. I ', w r o 'JEW YORK, FRIDAY MC ClUrTKR in. trial by jury. Seo. 213. Kltber ptrty gtvlDg the notice rcay bring the issue to trial, and, in the sb.'cnce of the adverse patty, uoIms th? (vinrt, lor ?o_d ctun, otherwise direct, may prooeed with h'a cat*, and take a Mfralmal of tba complaint, or a vrrdiot or judgment, aa theoiue may requre. Heo 214 The cl.lintifT nhali furnlah th? nnnrt with A copy of the summons and pleadings, with the offer of the defendant, if iUT shall h*Te been made Seo 215. Tho verdict of a Jury i.1 either Renersl or special. A general verdict is that by which they pronounce generally up.m all or any of the ls*u*?, either in i ivr.r of the picatiff cr defendnnt. A special verdict, is thit by which the Jury Had the facts only, leaving the judgment to the court. 8f0 'ilti la every action for ths recorery of money only, or speclfio real or personal property, the jury, in their discietioD, may render a general or special verdict la h11 oih-r oases, the oourt may i!ir?ot, tha jury to tind a epeoial verdict ia wriMnir, upon all or any *f the issues; or tnay instruct them, if they render a general verdict, to tiqd upo<i particular <}u?sttoos of f*ot, to bo stated in writing, an<l njay directs written Hading thereon. The ep-cUi ver.tiot or tlud<og shall be tiled with the clerk, and eut?red upon the mlnu'es. S?o 3.7. Wbere a special finding of faots shall be inconsistent with thn i;aoori?l verdiet, tli- former shall coutrol the latter, and the oou;t (hill give judgment accordingly. Rec. 'JI S When a verdict shall be found for the plaintiff in an action for the recovery of money only, the jury ell ill also asee?s the amouut of the reoovrry. Sue 210 Upon restiviug a verdict, tbo oourt shall dirt ot an entry to bo m*de. specifying the time and plaoe of ihe taiai, the uames of the jurors and witnesses, the v?rdiot, end eithor the Judgment to be rendered thoreoj, j nr an ordrr that ihe ca.te Im) reserved for urgum.uc or | furthtr eonsideratlou. a?o. Uii> Jiidguuat shall be entered by the cUtk. in ' conformity to the verdict, after th? expiration of four ' days, unless the court order ihe oise to be reserved for j argument or furlhor consideration. CllA lTiiR IV. TRIAL. BT THE COL'HT life aai. xrtai by jury may be waived fy the several pariiis. 10 hd ieBuo ot u -.t lu the manner following: 1 By failing tu uppeur at thi trial 2 By written consent, In person or by attorney, tiled wi n the cirri. 3. Cy oral oonscnt in open court, entered in tho minutes S-io. 22-2 Upon a trial of a question of fiat hy the : court, i:s decision shall be given in writing, ruiI 0 ?:d *>y the ol'rlt, w'thin twenty dejs aftc-r th? cr>urt Rt wninh ilio tr:al look i>l'C?. lu glviuit it* (tecirioi. the f o found rbah be Art", stated, atd th?n tb? conflunion of law upon tbem. Judgment upou the decision enall be tn ered aoeord>ngiy 8-c 223 Kitlit r party may except to n dacHon on a matter ct law arisiog upon tush trial, in the same manner, and wiiatln same etfeot, as upon a trial by jury And either party desiring a review up"n tho eviueice appn*ri;i(< on the trial, either of the questions of factor of 1? t. may, at any time within ten d?ys a t*r notice ot the jadginuat, mat-1 cr.se containing so muoh of the evWnoe a< may be material to the question to b-i raised. The ca?e shall be settled according to the existing practice Sro 224. OnajuJznient fjr the plaintiff upon an Is Bue of law, tn* plaintiff may pmcee! in the same man ner a* upon the failure of the defendant to aosw-r, as pirserlbed by section 2(>2. If judgment be fur tbo defendant, upon au if sue of law, and the taking of an ancount or the prooi of any faot be n*oes*<ry to enable the conrt to complete the judgment, a icference may be I trdered as lu that section provided [ To he oon'inued 1 Spurting Intelligence. Cii irlks rov Hacks ? Was'olonton Course.?Fourth d*y -d t.uriay, Feb. 26. -Haadicip Ktoe, three mile heats. W Sinker's uh. o. S'iark, 4 yesrs, by Shark, out of A'.a:*nta?102 lbs I 2 1 \V. vl Myers's br f Couutess,4 years,bv import ed Leviathan. Uftia by Stockholder? 90 lbs. . .3 1 2 i O 1* Hare's gr, f. B.istoua, -1 years, by Boston, dam Andrewetta? !?9 lbs - 3 3 i imi) ? u?ax, o:ai; ai nedi"., oMvt; ia neat, e:'J(> j f'irtt ff ,it. -):?-n b>i.tl.>g -ja Sivsc sgtiast the fl?ld ? they jumped off with a beautiful stirt. olose on eaob | ether's neels; the Couotesj ftiru led cff; Shark took the track, however, after gulag hvf a mill, Bo.itoaa at the tame tine ruuning up and placing herself second?the tlitee going well ti ^ether within tuemselves, until the la.it utile, wheu Eostjaa mads h.r effort to jet nearer the leading horse Shirk wen not to be caught, however, and rau in, several leug'.os ahead Countess evidently did not run fj/ ill a hea-.. 1 'ii u-j tlatelv after the heat teiminr.tf.d, bets were c(Tired freely on Countess K,*>lrr.t the field, which were taken up oa all sides, readily, by | the friends of Sh.rk and Boiteaa. 'l'ho bnokera ot i Countess built th?ir hop's upoa the advantage cf rhs 9 I lbs taken < IT hsr by th? handioiippers, and the c'aanc.'s | ihst pi>.*iblv Shirk might br?ak doau, as it was reputed he had be->n complaining a little In ou? of his pins ? ] We soanned him very elossly. but confess we could s*e { no cause for apprehension Che anxiety of the crowd ! now began to increase every moment, and oa looking < round, we saw men excited as to the issue that ws never ; know moved before. Sicund H,at ~Aff)rd -d h v ry animated coulsit As ' may hvve iteen expected, Count's! lost no time In openlug the Uakoe,8Uark joining hands, and swinging by the booths with a spirit ?r.d alaorlty that ludicatcd they had probkbly been taking lersoas m the Polka, or gailopade. Uriti ua trailing for the first mile?in this order tbey ran until suturing thsbae't sir itch la the 'Jd mile, when Shark went up and changed the figure a little by lock i ing bis fair partner After a desperate eff?rt ha took the track from lirr, which ?be again recovered, howevrr, so >n alter jawing uuder the stringovor t*e Judge's ! chair, in the-Jd lullo. .Shark now prudendy drew nut a . little upon the harder ground, acd p?rsev?ringiy struggled home for the heat; but he did not again reach thtilly, who won by about a length. As soon as Boitona ; didOuvtred tint hhark bad taken the track from Coun! tess, in the 3d mile, apprehending it was all;over but j shouting, unless n!ie could turn the fate of the day, put ' on additional steam, showing some of the firs of her gallant sire, with something like locomotive velocity rushed | to tils front coupl'; tb?y ail then kept up a determined struggle to the pjle, Countess coming out first, as we have already stat-d. by a infill only, Shark second,and Bostuua well up in the third plaos The manner in which Countess had won this beat, and having pooled off well, whilst Boston* evidenced no unusual symptoms of uis nss, overcast the prospects for the final Mincers ol the Sh .rk oolt His owner, however, lost no confidence In fclei, remembering no doubt tbat even the muscles of ! the vlepbant and ths wings of th<< fleetest bird will some! tloies ba fatigu?.d, and tbat sltbo' Shartf may have been I outlasted la the heat, yet 6U'h were bis power! of endur t ranee, be would probably reoovf juicier than either of ! his competitors The result proves he was right; but | tl?? riTalj hava bean wll rubbed anil groomed, aod hate 1 started wg-iiu for tbo Third He it?Counters led off as b ft fore, Bos to:, a Sfcond, I and Shark a litila in the rear. but close upon the ? ? s o I t:ie i ou .1 .<? : ? uk WW*lMat|| Vllttl|for BoatOM I to fhow h*r baud and man* i-lay, keeping In rucb a posij tlon, that if she failed to do so w;tbiu a certain tioie.to ' be able t.o win the rues, in a brusU In the lag: quarter. I B 'stona not Jr\?i!ig uoarer the Countess than when they tirat >u?rt?d at the g*tes, ubcui a half 3 mlie from him* i sh?rk ?a? seen .jatbering hiuMif up tor mischief, "to doer die'' n hart struggle ensue J?the three were clcse together?they w--re sld? by side, neck and neck; it w?e any bsJj's raw; tiny came up the quarter stret:h at u rattllug rate, tcitii a speed that ce?jnad to on'stnp the wind The r n?g,,la was beoomiog mere and toor* exciting svrry jump. The Jockey on Shark pushed hi* fai-.btul horse to t!i? utmost, kept his eyes fixed up in his rlials,as ii lu'.ent upon ujoasuriuir their pow- rs, tbat be might the better judge wiien he should make bi' final *ffort?ncrk and ueck still they Lung upon eanh oJier? even within a f-rw turds of the flobh, v.oitaer ha 1 the drantega - up t > the las: stride the rejult in dc.uot? then came l.ho e'.icnx ot anxiou* exoiterrrtnt ? with great skill and coolui's.i, worthy a N it, a Chifiiry, or ? UjUIiifon. (the crick lij^rs oftinglanl) tb? boy on Shark lifted his huise IVodj the g ouud.an 1 landed t>iui tiret ot th" post by a head onl; ! N<> saoarr *'aa ttis result prooUlined. ta?n tii? re instantly i.ise fr na <**rth i'i II -av?n tt<e wdd hurra there w .a a simultaneous buist of cnl)v>.8.iisni l.ever cq sailed Uuo i our cou:se, a striking coi.t.?jt to the hren< hi-ss Huxlety wh on prevailed a moment betorn. 'l'he close linos of the prcp'e on either side of the course suddt..ly broke up the ropea arena was thronged, crowds following and ohaerug the winntDg horse M he returned to the ?oil"* Impirung a new liveilm ss to tbn soeue whilst other* were rushing about 1 in delight and brightened nou<ttenanoes to reo?i?e the : beta they had won It was quite delightful to see even t th* lnn?i? nftwlntf fhair mnn?? "irh ia or?rm iktU , fl>-d to pay ? littie for euoh a rrnult Tbe lau mil* io , tbird beat waa run In 1:57, and we mutt n?t omit tomea- | tlon, injustice to U >*toua. that she ran thiebeit unrtrr great uiaadvantage*. the sail He baring slipt noon ufcar she atarted Our (treat surprise was, that the ti-icr beld on ns well an ha did. for be bad frequently to put hia band* down her neck, to keep liiro?ef n?n har baok. J*r.coi?n Rack - .looker Club Tur?e $100-A alngle dash of three milea-weight for age. O P Hara'a b m. \lia.i Couts, >> year*, by Boatoo, dam Kate Kearney... . 1 W. Lowndes' ob f. Hose maty, 4 yeara, by Kclipae, out of Alia* Cheat, by 3>r Cnarira. 3 M H Hlnglelon't oh. o. Matlbauk, 3 yeara, by Margiare, d.*m by IXrcotor 3 'I Ime Marlbank lej - if, il wurnry in the aecond place, and ; MJ?a Otitis, bnuginj up th? r?.ir?Rosemary roon took the track, which ahe nmnt ?in' d uutii they g >t tut> the

back atretoh of the last mile, when Miss Coutts went up, passed and w.?? nerer headed cxn'.og ia an easy winner (I >tenury reoond, and Marlbank tailed off a lo jg way ? CAmi-iro'i Couritr, Fett.iT. Sviuipc ? Yfsterdny afternoon Captain MeCutcheon,of Uie British versel Coru, committed suicide in Dr. Htone'a hospital, by banrfin; hiiuielt'to hia bej-poet with a ellk handkcrcblrf. He wan carritd I rok to the hospital ab< ut three dajS ago, *nd there waa nothing apparent In hiaoondition ur rcanner since then, by whioh an opinion could be formed of the cause of hia i Urrlb'eact It Is auppia?d that he tied both ends of hia I handkerchief orer the bed po?t, baring prefioo?ly knot- i ted It around hia neck, and the fiot of hia hands having . been left tree, left no doubt of hl< being determined to execute hia design to the last tnomnnt The Cora w?a consigned to Meaur* McDowell Si I'ark, of thla ofty.?S. O. Mercury, t\h. HI. The dwelling house ?T\d out building* of the lion. C' 1 W. B'llowa.ot IVfjA*r>'ll, with thi lur;.'tu.e ^ i, wio ail deslrcytd by fci a at 1U o'clock, M , yesierJay, M^ich I 1st. Suppoeed to bare taken from defect 1b U>e ohl? My. Lm tMmM #9^00. Partly iaavrrt. 1 1)1-'" " .'H )RNING, MARCH 3, 1848 Boston, Frb. 23, 18-18. The Death of John Quincy Adams ? IVho it to be hi* Successor !?The Treaty of Peace?Visit of Mr. Clay?Morals of Boston, fyc., Seldom have I known u in^re exeiiable week in this city than the last. The Mexican projtt of a treaty would alone have been enough, under the peculiar circumstances; hut when intelligent:* of Mr. Adams' death wan coupled with it, there was an additional cause to excite our phleg*fatic population. Men hud long been prepared here for the sudden departure of Mr. Adams as they were aware how feeble was his health; yet the news that he had been struck with death, produced a prodigious sensation, attesting as well ihe greatness of the victim as the reverential regard in which he was held by men of all classes und opinions. We knew that the oak was decayed; but we hid a vague hope that it .might, for a while longer, continue to defy the storms. The last link in the chain which connected us with the revolutionary era has been broken, and wc teel as if wc wero now, indeed, entering upon a new age?something as the mariners of the fifteenth century may be supposed t? h.n'e felt, when they plunged into the vast waste of the ocean-sen, with nothing but hope and their own daring npirita to guide them. We may be equal to any fortune, but we do not the less re grrt the loss of the bold and skilful pilot, whose locks had b^en bleached by the tempests of eighty winters, but whose eye ret lim d its tire, and whose lv<nd it* cunning, to the last. T':e remains of Mr. Adnm* are, I am informed, to he curried to Qaincy, where he long since built his tomb His parents, if 1 riu not much mistaken, repose beneath ihe Quincy church, nr " nwting-bou*?." Had we a Westminster Abbf-y, " where the d<-ad are honored by the natives," no man would have better claims to bur:hI in so gacred a spot ; but as if is, I believe <yi'h his numerous admirers here, that h^ slmuld find his lung home amid the scenes be loved so w#>'l T h #? h-inmocf mrtimi nf liu 11 wnu nri. doubt-'dlv passed it Quincy, and ther* he should forever sl-ep the sleep of de:itti, rather than in the congressional burial ground, us some propose. Mr. Adnma lias, unquestionably, left vast nnterials for history. Ilia papers are very numerous, and if a discreet use be made of them in writing a history of his life and times, we shall have a work as pleasing es a romance, and us useful as the lushest class of historical productions. Thus far, it must be admitted that however useful to the historian and compiler have been the * papers" ot our eminent statesmen, they hive been of unrivalled dullness. No sin 01 the kind can be connected, even in thought, with any thing with which John Quiucy Ad tins had any connection. The journal, or dinry, which he is said to have kept during his whole public life, w ould, if published vert>atim,be more popular than ever was a new Waverly novel. Mr Adams has left a lar?e amount of property, crtaialy not less than half a million of dollars. Me has always been a frugal man, though I cani'ot believe that he " laid up" money out ot the salaries of the numerous offices he held, as some aver that he did, as these offices all made heavy expenditures necessary 011 the part of their occupant. He has left but one son?Charles Fr.incis Adams?who is married to a daughter of Peter 0. Brooks, the richest man in New England. Men will speculate on every thing; and it was not three hours after we were advised 01 Mr. Adams' having h*en attacked, that I heard an animated discussion ns to who should be his successor; just us was the case when the news (false) of Senator Divis's death was received l'h^ eubject has been much talked over since; and anion-' those named to fill the vacancv. are Mr Keyes, of Dedham; Mr. JHenry Wilson, ol Nstick; u( Mr. S. H, Walley, of Koxbury Mr. Iveyes ia a member of the Governor's (Joun| ciI, and is un ultra " conscience " whig, much | disliked by the conservative portion of Ins party. Mr. Wilson if, also, a " consience " whig, und has distinguished himself by the zeal with which he has_iipheld Mr. Palfrey's congressional course. He is a cobbler on a large scale, and a respectable man in his business; but would be neither less respectable nor less happy. if he were to recottect and profit by the advice of Apell -s to a certain other cobbler?" tie tutor." The quotation is some what musty. Mr. Walley ia a moderate whig, lias fair talents, and has been Speaker of our House of Representatives. Mr. C F Adams has also been fcpoken of as likely lc> succeed his father: but until very recently lie was a resident of the SuflMk district, and one ol the representatives of Boston in the Legislature, though he may now be a resident of Quiuey. Ia many respects he is a chip ot the old block, being able, learned, vehement, and energetic us destiny. At all events, there are indications that the Norfolk district, uulees men's mind-* should remain sobered by their loss, will soon be the scene of very animated funeral games. The Mcxicwnprojct excited leas attention than it would had it come a week sooner. There are two opiuions rile on it. The iirst is substantially that given in the Herald of the 25th, to the effect that Mr. Trist has all aiong been acting under the advice and support ol Mr. i'olk, who has been famous for being "captain of his own ship;" and the second, that Gen. Scott and Mr. Trist have acted under the advice of leading whigs, and in defiance of the administration Certain it is, that for more than a month past, influential whigs nere have predicted precisely what has come to pass. We are all glad, however, that peace is so likely to return, democrats as well as whigs, though sonic of the former a.e tearlul lhat Mr. Clay will be the gainer by the cessation of hostilities. Speaking of Mr. Clay, I am reminded that the i:lea has been started ot inviting luni to visit Boston. As lie reads the Herald, permit me to a ty to him, thut if he should come here, he will have such a reception as has been awarded to no public man since the visit of Lafayette. All will be glad to see him?political opponent*, not jess than political and personal fiiends. Boston is certainly as deserving of his favors as Philadelphia; tor where have people stood by him more faithfully than in the capital of New England 1 He should come, if for no other reasou, to see how we hive gone ah 'ad since he was here lasr, and to satisfy himself that democratic ascendancy in the nation has not ?juite ruined us, ihe Krass crops of our streets not being so . roductive as is commonly supposed by people living at a distance troin Uoston Common. Tile tnan Jewell, who has been committed on a chirge of rape, h.is more sympathy expressed in his favor tlian it was supposed could have yen had an existence. The pointed testimony of ao emitien. men as Drs. Channmg and Smith, his all but broken down the evidence ot the girl he is charged with having violated. At tirat, opinion was very strong against him, as was very natural under the circumstances. Some twenty ot our clergy Have put torth an address to the public, requiring the adoption ot some means to pur an end to the licentiousness which now prevails to an awful extent in this city. I commend the document to the attention ol your triend Greeley, who is so anxious to have a law passed i i New York against adultery. Our laws against adultery, fornication, &c , are verv strinuent. and rnrelv a court term passes without witnessing th<- trial ot some poor creature for one crime or the other ; and yet, so utterly useless is all legislation on the subject, the reverend cleruy havo to come lorward, especially, and pray us to be up uud doing, by moral in?,hii8, to prevent Boston from becoming a New Kngland Sodom. All legislation on tne subject must he ol pernicious result. Some three years 1 since, a clever satire was published here, being an imitation, or continuation, ot the celebrated | " Devil's Walk." Satan coin-rt to Boston, end [ being naturally drawn to the law courts, he wit- , nesses the trial ot a nun charged with uiiultery. He is hugely tickled at the spectacle, aud bursts into a hearty laugh. On the cause of his diabolical majesty's mirth being respectfully inquired into, he graciously replies that he cannot but Uugu at so grent a turce as the trial ot a man who is guilty only of a weakness which has been shared in by the spectators, the lawyer', the witnesses, tlie jurors, the judges, and all. After unking due allowance lor poetical exaggeration, I think the satirist was not tar out ot' ibe way ; and 1 ain certain that it any one were to write a scandalous chronicle of our city, he might get out n work as rucy as the JJccamero i. All the law* iu the world cannot reach the root of thn evil, uud 1 oilievn the people ol Sew York are too intelligent to import a system fiorn uh which has proved a miserable luilure, and which has had no more efl'ect m putting a stop to li'jxntiouguesK, than our nnti-hceiip#* laws have hud i i pu:tuig a i:top t<> ihc kitlr. ol n^i'ior, win* h i? now ve;idrd among u? in ?* i rge quantities at #ver 11 # lj.4 1.4 Jk. War fnfolllgctice. KXCITKMKNT I.N IHI All'IV. [Krcm the National lntelllnenoer. March i j A jrivat# letter from Mexico, of tbe 13th ultimo. *tatc? ; that the news of Ot>nftral Scott'* Huepenslon from com- j raand, and of bis intended trial, WMjust reoalved, ami had called xr^at excitement both In tbe army and am. n.; tbe people. FROM VKRA CRUZ._ (Krom the N O. Picayune, K*u. 34 | The stmmrhlp Globe, Capt. Wright, arrived early yesterday morning from Vera Cru* whenae she sailed on the 17th lout., bringlcg two days la'er papers from Vera Cru* than those received by the British steamer Dee They <io not contain a dingle Hrm of interest. and no later intelligence fr. m the oity of Mexioo than pre- J viously received. RKroRT Of TAMPtCO IIOSPITAt-. [Krom the V. () Picayune, Feb. 331 Report of the dis:hirges and deaths of thi United S'at?s Army, in the department of Tamploo. Mezioo, for the months of Novmber and December, 1847, and for January, 1818: ? Woodlanprivate, Louisiana Volunteers. dinrb'm, Nov. 34; Morris, private, Louisiana Volunteers, gastritis, ! 21th; S Martin, private, Louisiana Volunteer*, yellow ! fever, Slst; Maurice, private. Louisiana Volunteers, di- | arrbn i. 5th; Curtis, sailor, United State* Murine, diarr- , bun, 9th; 8 Kckert, private, 31 Artillery, yellow fever, lti.h: Smith, private, Boyd's Volunteers, yellow fever, | -2d; Rogers, oorporal, Boyd's Volunteers, yellow fever, 17tli; Sienut. private, Illinois Volunteers, foot, typhus I fever, SI; James Welsh. mnslclan, Illinois Volunteers, ' foot, yellow fever. 3d; J. Thomas, private, lllln te Vol- j uutrers, foot, typhus fever, Sd; Thomas Spencer, rer . grant, Illinois Volunteers, foot, yellow fover. 5th; Ber, j tmin Blunt, private, do. do do otti; John Mnrsll, corpora do. do*, do. 8ih; J Simmons, private, do. do do I Dth; W. Herman, private, do do do. loth; George Bi?hop. prlvite, do do d> tyohui fever. 10th. Kred*- t rick wall, private, do. do. yelluW fever, lOtb; Kllnt, pri vute, do. ilo phthises pulmon, I4tb: II Ik Brasil, private, do Jo yellow f'Ver, leit'i; Curlle, private, do do. sbrletes, 19th; J. I'hcmpsoa private, do. do yellow fever, i:l l; Joha Krbnrt, private, do do yellow fever, 24th; John Cusen, private, do do. ohol>r? morbus, JtV.h, M Bruslln, private, do do yellow fever. 39th; F. Adams, ?rivat?, do. do. do. cholera morbus, 29th; Kaharty, private do do enteritis, SVcb; H. Itightm do do. enteritis, 39th; Ichenberg. private, Louisiana Volunteers, gastritis. 30th; C Maley. private. Louisiana Volunteers, dlarrbrci, 30th; N. Rawilna. private. Illinois Votuntters. foot, diarrfcoei, Id.h; Hoplif, private, 3d Ar illery. dyeenteria, -.'31; James Kanougu, pr-nle Louisiana Volunteers, peritonitis, 39th; Hush*. piiva'e, Louisiana Volunteers, dysinteria, Deo. 4th; Brown, private, Louisiana Volunteers, -nterltif, Dit.i lOrh; Teh- I uirr. private, Boyd's Vo'unroers. eril* psls, discharged Dec 10 h; W?|i?r. private, Boyd's Volunteers. coog?e.ivel-jvtr, Dec lS:h; Murray, rrivate, IJ:li Inf-intry, pneumonia, 33 1; P M Hovcy, private, Illinois Voiuuteers, foot, rheumatiem. disonarted D <o 31 D Moonev, private, do do do diarrlte i. dl-d D-tn 34; Bonhart, private, do. do do hepatitis, 4th; J. C. Sawyer, corpo-al, an uo. an. toieru*. tt.n; i. rerner, pri??i.e, ?,u uu u >. debilit?s, 19ih; J. Phillips. private, do do. Uo debillta*. 21st; T Alvorel, private. do. do do phthisis pu<inon, a 1st; II B Enos, private, do do do pneumonia, 23th; T. K Patten, prlvatt, do. do do debulta* 2ath; McMulUn private, do. do do dlarrbcet, 26lb; H. Saut'ord, private. Illinois Mounted Volunteers, enteritis,llO.n; T Oiillo, private, Louisiana Volunteers, phthisis pulinon. 12; Casey, private. 31 Artillery. Jan. )3tb; Bugoee. private, do do uloers discharged Jao. I'Jtn; H Mayer, private, do tlo debilitav uisOiarneil I9:b; A. Hooper, private, do do dsbilius, oincha-ged 19tb: Wolts. private, Illinois Volunteers, mounted, (ilirilrei, di.d Jin. 1st; I'ursii, private, do. do. do dKiio.'i 12r>'; Gibbons. private, do do do. dysenterla, l l'ti; 1?. Reynolds, private, do. do do. debliltae, discharg -1. Jan I9:h; G A. Wright, private, do. do. do. ulcerated leg*, disch?rged 19th; Bosemm. private, do. do. do., debilit**, discharged 19;b; T. Cressup. pri vate, do. do. do., dabilltas, discharged 19oh; K. Hill, private, do. do. do., epilepsia, discharged 19.b; Hudgtos, private, do. do. do , epilepsia, discharged 19th; T. Mullins, private, do. do do., debtiitas, discharged 19tk; T. Pool, private, ir> do do, ijebilitss, discharged 19'h; J, Dfoon, private, do do foot. dysen'.erW, died Jan 10th; B. Kills, private. do do do., dlarrboei. 12th; K Kills, private, do. do. do , diurrbica, '24th; f. Urrry. sergeant, do. do. do ; d?Hiitns, disclnvrg'd Jen 27th; J Dnvis, private, dr. do do, debilitas, ditotiarged 27tb; J. linker, privace, do. do do. vulnis scl<>ph, dltclmrged 27tb; J. H. Borslin, private, do. do do dehllicua, dis v7ih; J Kiiar, private, uo do do phthieis puimon dis 27 th; J Cayler, private, do. do dr debilltus dls a7tb; Ms.Mill-.n, private, do. do do. debilitas, dis '27th ; M. Diok?rman, private, do. do do hernia, dis. 27ch; linage, private, do. do do hernia, dis -27th; Olmstrad, private, do. do <1> hernia, dis -27th; H T. Towns, private, do do do rheumatism, lis 27th ; W. A IUML private, do. do. do hernia, dis 27th; A McGregor, private, do. uo do hs-ri'la, die v~th; Bennett, private, do do. do. d*bilitas,dls.-27th; <i I). Hobsrt*. priva e, do. do. do. debiiitas, dlv 27th; Krrs.iloh, private, I.outsiaua Volunteers, 'dtapepria, di ?1 Jai 1st; Tomtiios, private, do do. brorohitis, 3d; Hamilton, sergeant, do do. enteritis, 4th ; Williams, private, pancarditis, 6th ; rlohuti, prlvatt*, do. do. ularrbnc?, -29ih. nUM ?i/uuu(K tun uivutun vi n-pwcw inri, vui>ui/ci, N'ovfmber, and December, there were IM cases Until In the Cltll or Charity Iloapltal, out of which number Ml died. .Many are brou/h., into hospital la ft dying condition. 81 owed of death occurred from yellow ferer C. H. HITCHCOCK, Afi't. 8ar. V. 8 Army Medical Director Department ot'Tampico. Mexico. M?acci laneoua. The I'rince K twar J IfUti* re luvi determined to prohibit th? exportation of potatoes fiom that Ulaud, until the first daj of August noxt. A roiolutiou to this effect hag pa'Sr'd the House of Assembly. Aocordlng to official itsteroenta in ration to thn immigration to (Jauada and Nora rtcotii, the increase of the first six months of 1H17 orer tlie saute period in 1H40. w.i) fl7 000. and tile total number errlved up to October ItSth, 1947, was OIH), of which 16,046 had died. The uessue of Iowa haa just been completed, and the whole population is llti,j04. Mrs. Simonds, of Cincinnati, whose death (Yam chloroform has already be?n noticed, w#a in?de the subjiot of a /mtt mortem examination. " '1 he ajstem of the deoeas?il was found in n healthy state, and showed no indications of any disease that eould have caused her death." The trial of Kev. Mr. Uroeseup. at Cauandaigua, for I srduitloo, has, it is said, resulted In a rerdict of convlo- I tion, the jury giving a verdict for the plaintiff of niue hundred and fifty dt liars. 1-ivc or r.ix inches of snow fell in Toitland, on Monday acd l'nesday, whiih the -iAvtriittr ?*js, gi**s promise of another spell of good sleighing. The first train from the Kast, on the Maine Railroad* was thrown off the track In Charleetown yesterdaj i morning, by the breaking of a shift. The engine and cars were much damaged, but the passengers escaped iijury. The engineer had his hands esaldud ?Motion Whig, ilarih 2. Masons and cirpenters must baTi a busy tiae ibis soring if nobody else. The burnt district alone will keep them on thn wing f<r two nioutbs. It is the intention of must of the own-rs, to hare the wbole bloolt re Git out your trowels and hand s?ws ?-i.4 my Knickcrburk'f, -id iHit. Foigbbv ? Yesterday morning H.irrUon T. Whoeler. was arrested upoa a oharge of forging r, c'icck lor i413 73, in the n..uie of Jonathan Ma*on. II0 panned the ch?2k eowe d?ys a<o at the (torn of Palmer it Datchel der, in payment tor a gold watch When brought bcfjre :h? police court, be waived an examination, aud in d?fiult of bill in $1500, was committed tor trial. In 1 d 14, bo w '.? lent to the house of oorreotion f jr forging a check f ir fi406 in the name of T C. Amcrr It is said, that ho h*'l reo?ntly p*siwj several forgoi clltoks --Hvi ton J'oit March 2 I The new hotel ,n*ar P* wtnolft bridg", in Draent. oscupi'd by Mr. Uo< tl*l?, tox?ttier w in the nmble and oaibulldinR*. was totally roosum*d by Are on Saturday night liter.?Bi$:on iravrlltr. A II 10k of thirty fix />hx?p, fattened r.n a farm tu Cobleekill, Schoharie ronuty, the f<?t win u, *?re sold a few d :yn slue* tor 939 ) -about $10 .">(> per heed ! The cltisws of Lcckport lia?o euhsorib.* I ab?ut $10,- 1 000 to coos.rnct a plank ro&d fro n l.ooKporc to vihai ie called the UuSaio road, at or uear tnr Trau?it iiooae in Amherst, The oanal is in navigable order In the vicinity of Loukpcrt 1 , , v r> A Tesaci is loaaiDK at :uu?uj wuu ivr, ivi | leiDI. _ Appointments dv rim Prbsident.?Seth B. 1 For#t-'l, regisi<?r <>t th? land oflice at Dixon, III:- I not*, rice (J?<"ge Muter, reiaored (irorga MoHenry. mcelTer of publio mnifji atDuDuqu, low*. vice 8t?phta Langworthy, rcuuvttl (Jjorge JtiT?rl?i, reappointed receiver of publ o mooa;* at Helena, A'ka-'M*. Albert Utl ntln. Ma. Kditor ? It wontd appear by Mr. Alb*rt OalUtla'* r?m?rk* on the banking r>y*tem of tbl* State. addreeeed to Mr. Killmorn, In hi* otf.oial oapaoity a* Comptroller, tbat be labur* uodfi* some f?l?e ?im? a* to the people of tbta Siate not t>cd?r*tan iln* th?ir rtuanlal *y*tem -although lie admit* tbe fact that hi ha* iwn couneoted wlm the jIoka moprpMy *y*leia for tbo p.ist flfty jeer* I ?ni prepNred to *bo* that Mich pare n>, drawluR all their uc""i from 'Xtri'nal hppd*rano>'?, no: po*?eF*lng tuternal knowledge, am by far the in&?t d-in^erou* person* we btre In tb* community lie (toe* on to etate that bill* i of cltculat:on of twenty dollar* require uo d<pi*ite eeou- | rlty, a* on-h bull ouly fall Into the h-tnJ* ol p?ilio* :n the eloee monopoly ecmnBitimn. and that Ihey are run clently Informed to protea: thflr cwn ln'er?*t lie thuu renoramrads a prohibition of the lerue ol bill* of the d-no- I minatlon often doller* and undT. Who tverraw or heard ' ">f bill* cf the denomination ol nln- teen dollar* for a circuiting medium.' And egain. >:* to the learned financier lievlrg lor tho paet ttty year* been In theemplof pi 1 :loee monopolies, not to hure known that by tb<i law t f , thla State, no fcrtign Htate monopoly bil.a utolrr (Ire > I toller* ?re allowed to elrou'ite a* money in tbl? state. ' I Would it ro-.be edvl'able fl'lt to carry In'o i ?l et onr ' present l?w. before wa make new one*, tJ *uppreiu the 1 lie of *mali bill* by -nir in*t< n"cn*. g vlrg security j I for the redemption ol the iimt' I really thin* that tha t (en lie roan'a remark* are *ear?.viy worthy of uotloe, nfter <o unoh ha* been *ald on thi? nt'je-t. and printt 1 ten Rut further, ha api >''I* to the eon?t"nt,io ol lhe I 'tilted -'*?!, aa to gr.l 1 aud fllrci tha c.riy legal t'm er . | lu p-yiu ni ii u *t/e. ?-'ots -iiuait. . aijo ray tuat no State (tisli i.<?u? hi:'. >1 ore!.'. p.-rtlcnlarl) M i to* a iroutetiac aedlaml J am, hi. Pvauut. i ? ?tl w??? ' ? **.**'.L ll. r;'M V?r? OsatSf Vh?nirj! mi ! nu?:ci.f. P*i?* Tmkatric ?Tho (trowy. di.wgrreable w??th?r Iwt night bad ?em? i ir?<it on theatre (coin* folk', tu t^e Hark was not ?? well attend* 1 as it talglit haf t b?-n; h till there wa* unite au urray of leanty ?ad eleg?nee In th? dress olrcle. iind the : it w?? nu!*? full Thoae Df? Milt wem well reward'd, as tlie pi y of ' \ Xew Way to i'ay Old Debts" wag performed meat admirably. Bootii, a* the wily Mir Giles Ovarretch. waa Boo'.h iud??d?we do rot remember erer havlDg se?n this difH<*.ult nharaoter batter porf.irrae?l Thes.'ines b^tweuo b>ui -nd Marall, and t tie wb""l? caaraoUr, la faot, eluw that Booth's title to the highest r<nlc at un antor is indisputable. Hand. M Marall, tbe crlnglnit, false Attorney, aoted w!l; bnt we ranst ear, ?? th ught the olo?? or the ao?ne be. tween him, Lady Allworcn.and Welibirn, e^i a little overacted we allude ti tha l? tak'i ; -hut n h<rf!<< he was very Rood, n%rtl?3o!arly vher* ."Mr < Jil'i nfus?s t. < h?lie*e Ms atTy of Wellborn a r,It-red elro't .lit tat ' Uvott, aa Wellborn, and the r<*stof th-i ch?rin>ri w.'.-.t .It well filled Tos e % at-rllng pl*7, liia this enact'dasit was last iilght, brlogs o?ii to ons'? aT-rtth< palmy day# of thi drima and ?<f>rdfl a h >p t thtt they >?re not y?t all p;iit and itme. T.ie Ir!?h L: J ?." with Mr and Mm Broughvu in tbe prominent oh?raet?ri, oouoluded the eveuiog'a amusements. U. ougha*u 1* as jovial and light he?rt*d e-j Irishm?> hi rv?r. audthe beauty and gnos of Mm B as unt'i ling "a ever. fo rlijht, Bonth ?pp?i'.'.s as O.'hello, ?u 1 ?Ir. Jlrua.baru es O'Callughau, iu" li s L<wt L?^s " Bowicar Theatiik.?\otwitb?tan.ilir'({ tte rxtrtm severity of tUs itow storm. last nvniiK, the "Stranger' was performed bero before ? cr.iwdnd l.ouse. This truly alTeotiog piece, toth la plot and design never f?il* to draw a crowded aulleuoe, or to uwakca the l.vellegt sympathy Iu those who witnag* Us p?iforn>ane).? Uepreaeutrd. therefore, by a highly talentad oast, it la always calculated to touoh the doer springs of teellng, prra*nting as it does, tn>ny of the lending traits that attach to existsuce l'seif, aid come burns to th* bosom of iu.iny a " weary pilgrim through Ufa's journey1' la sush hiod' as ihuso of Mra Shaw, Mr. Marshill. Mr. Clarke, and the very excellent oast selected for I's presentation las' evening, thlg soul touoh- . inn production. from tfce p?n ?f f.h? celebrated K"ti-bun. htd. theietore. a rery thrldlng ff'ot witilntbn walls of the Bowery Mrs Hfaw'i Mr H*ll?r drew t^rth " tho mrltlD); f*ar" from msoy an eye dutiatf th? perform/ince ll^r ex'raordinary mastery orer the feelinsa of her auditory, shiwi-l 'h h'ri"at su leriorlty and excellence ot her acting In thu conclu tin f sci>!ie, the Internew wi h thj Stran^-ir (\l*r?hall) her husbind. ou bis "Xhihlting the o ??he; containing the jewels presented to her on their wr liiloj' day, we oh'?rT?(l many of the audience in f?c.rs. ll-r ito.wg; heri' wai a high'* colored plo ture of subdued feeling aud deep rumors* for pa?t error. Tb? part *f the Htraog-r by Mr Marehall, wti performed wrh tauoh "bttlty. displaying an ease *nd naturalo> ss. th*t m* I# the ohara" or by him nn exjellent performing Mr Cl-rke'a Baron steiufor*. was. also, well sustained To-ni<ht " L.ov*'s 3 lorldoa " wilt ha performnd. <n whti'h Mil. hb?w plays the obara.\ter of Margaret E iuiore, A j im ho us 4 will, coiseq leotly, greet the enterc -foment of the eveniug Chatham Thkathe ?Thin beautiful little theatre, which is now on n pur with tho mist f ishi onable houses In the city, iu poi..t of deo:>rua>, tl.ganoe m l neatness, is Lightly attrnciirg all the respectability of that popu1 ua neighborhood Not as formerly ;peoole can now enjiy the rich and varied entertainments presented to them, without noise or interruption?the character of the audienoe ha^ become so much more seleot. The Chatham Is auie of a successful s-hsou wi'h its prerent management, Last. evenlog, four highly xuiu<log pU ess were performed Mr. VValcit and Miss Clurlie, in "Asmodiu?," reu>ived, la the plaudits of tiie audience, ampits testimony of their satisfaction with tt*eir acting; and we noticed a new performer, Mr Vnr/y, who, we should s?y, was a highly promising aoior la the nest piece, Mr. Waloot whs extremely .' miislog. as 'Mr Oblivious Top," and his performance with Miss Clarlte, in the 'Object of Interest," was eioeedlagly lau&hable, ami thst of Mils tJurkn. as "Fanny Gnbbies " tqoaily so The whole concluded with "Matteo Faloone," In which Mirs Denln uersouared the leading character. There is a splendid bill for ibis evsninir? all ri"w pieces: "Who's the Composer," "Urist to the Mill," and ' Agurs De Vere," In which Mr. VValcot and Miss Clarke will appear It being their fifth night. Ciacua ?Bowkrv Amfiiitheatki:?Tiie brilliant and dashing feats of the graceful equestrians, and agile gymnasts, inta-.heil to thb house, th? araufing pantomimes, jocuUtitUs of th? cl.'*n?, an l regular iT?attdown iJacing of the negro dancers, are just the thing to tiokl* the fancies of th?! auulencfH Mluoe liurtlss and his eo{ aojutors, in the ?;i iua?em.:nt of the amphitheatre, hare tr.ken huid la right good earnest, they must have made moneT. as crowded houses are all t.hs fashion with them. Ttiere la a line bill out for this evening. I'o morrow, there will bo no a(tera">oa performance, as well as an evening one The flrft takes plaoo at ~i o'clock, and the Utter at 7 1'. M. Christy's Mi.tstarr.s.?("hristy and bis men will become famous for evermore, as the most triumphant and snoopssful band of Ktbf0jM?n luloa'.rels that ever sang a song, or played on the banjo and bones They improve, if possible, every week, or rather tbey find so many new and beautiful songs eaoh wetk, that tti.vrentertainments are each evening better and better. They have now become one of the standard amusements ef the oity; as murh so as any other place of puhlir exhibition Last evening, after their concert at Mechanics' Hall, they were to sing at the ladies' lair, which was held at the Coliieuni, liroadway Pai.mo'b Ofkha House.?This hou*n is open every evening, and exhibitions of Tableaux Vivants are given nightly. Broadway Ookoh ?Oreely wishes to have nothing but deliuat'i and modest tableaux at this house, and takes nitre that t'ley : hall be so We are glad to Me that he does not, cIT-nd ugalnet public decency; for at some Mtablirhments the Model Artists are perfect nuisance*. IITa yRvti'LK -Lut evening, the grand compllmen- ' tary connertnf sacred and miscellaneous music, given to the Rev. Moses Marcus, was attended by a highly respectable audience; but, in consequence of the inclement weather, it was, by no means, ai full as was anticipated. Previous to the c<?mm?noem*nt, Mr O Loder announced the indisposition of Mestrs Manvsra and Art utson The gaored Aria, by Mrs K Lodsr, was rendered with such sweet, round tonna. and beautiful shakes, that the audienc* gave married testimony of their approbation. Mis* Rrienti, ia-" Kve'a Lamentation,'' was happr at-d effective, and Mis? Klrkham, in ' Rejoice Greatly," was unanimruVy cheered. Her voice is a sweet, bat d'lioat" soprano, ind her execution Is excellent. The 'Kaousia Caprice," on tha violin, by Mr J. Burke, was given with a sweetness of tone, exquisite tsste, and brilliant execution that drew down reiterated cheers The soma, " ~4ll tdta che in Hiorno ' by Mi?s D) L'loe, wis excellent Mr. Leach als t acquitted himself very xespmcabiy. But we uiust not forget the chinning little lainiiy, toe Apolloneous, whose science and eplenriid execution on their respeoove instruments, equal artists of greater character. We regret that the weather was so inauspiciooa. as, from the attraction of the evening together with the esteem existing towardii tiie R-v. Mr Mate a*, by his numerous trl-Diic, had it i>?<-n ? fair rii;ht, the Tabernacle would h*ve bs?n cruwdid. Out we have heard, bis friends Intend, on a fu'.ure r-c :asion, to repeat the concert, when we hop < his personal worth and virtues will receive a sterling testimony oi public approbation. mistuvi Rooms.?Tha concert given last evening by Mies M.I. Marius and Osorge A Hoyt. grudu?t<-sof the New York intuitu.Sou tor toe Blind, was siiinly attended; but the respective eoais a:.d quartettes were rendered in a very pleasing and ertistio manner, which reflects the pr.xteef crecit on tli ir Instructors, and tli? iustitutlon in wulch they were edu.-sted. Irish Kvksi.igi -This ever.ins:, Mr M&lonj Hay. nionu and hi* laltit-d family, will, lor the l?st time, give their ve^y deligbUul entertainment, vi?:-"Tbe ?iUdic.il lri?o Evrniin? " Wo buve alrrady, t>n various occas?on?, u?tlc?d toe very pleasing aud aru?t!o nature of these eveoin-s. foe d-lightfol vaijea, an I instrun:-*u(al performances of .Mro and tne Ml'sea vialoiie Itaymond, the true ?wit and admirable w iy in wbich r. ,\1 K briog* out the story, au-.cdote, j ake. aad good sayings of Die oouotrymi-n the genteri and tetlned aiaunrr in which tbe who1* e-tf-rluiumeot is carried out. givo it a standing which ought to m ?t?e It cne of the meet popular resorts In the city. As ttli evening la the last one of the Irish evenieg*, those who have not as yet attended cne. oujht to do so to-nlght Th?y w<|t certainly be pleased. Virginia H ahmcwists - This band o> sincere are giving concerts at iho Alhainlra every evening '1 he entertainment ia int'.'rs^iersed with dances, tablet-, ji >o. Fra.*iili:? Theatric nr.vivr.o ?We learu that this oiiie popular scene ol aoiuj-pient Is to be revived neat W'Sk under the management if two ge^tl^men of th-:a'licsl experience It wiil be opeued with drimatic and m-iodraioatie entertainments, sn I will "ft h? a t:?n* of model artists in any shrpe. Mrhtimo ro ?stabi.iih a THntr.i *i Itsd. ?W? learn that a me^tio^ of the leading actors now iu ine cny. atrj c( WM ,\i; c u- nu for th? purport* of mahia^ bit vjrn.* l.r ill* ecl'eetia* of k lh>'?tr!f?l fuad. nr. 1 obi ialog au ?ct "C unciporation Mr Tlioaii* Btrcy.ct the r*rit tL alr?, tma In thscbsir fben ? -re p.b?ni fcrt. nenll'iiicu pr?n;t, Tlie metiuff a 'j jatacl to >l< n 1*y ? i* Thk orkk? 11 I iiitidcirhia? Anotiii.r TaitMpii i ok Bi?i? tcriAiTi - III* VorMW/uencu.. of lh<j'JU tin a*ya : The 01 Luna Ji Lunm-jn.j) t' lac nt^bt. wa*a pn'-ot triumph Biasaornntt is ail w* lio(c.t, an 1 Dior's; Brniotul u??er c?tore baa t^Tior lioglon bra b urj ia cur city, and ATlnnor" is (o?J??a a ppiKt. liJ imiione. witu tM exception of tba natural trunulu ol MaYoica." \roLUc??x>?. -Ta .*o !nt?r?eUnrf and bcjo^pV:-b? l ?!.;iurtn. RtTu their I 4t cototrt la Brcok'yn, th r tiemag, wa hopf, ibejr trill bav> % utmli 'i 1 uae. Ii ?i. rllii.; inetli in ti??s ivuiot cf utu*lc v;*ftTr*li'ctia! \ ?irou?g?, th jun-aile : rlla:a ahot.M n-<'t wi t- imp virt munmaiitin nu la Ih.i.- ?tilrr,l.l m >-: lit !<* ?<? luU.M jUu? aud *ock l?;ii i'hn lAJi'* it Bro> iil?a will b<- J?iKht?cl wii.D tb? tin'iipitc lou ! ? 1 >< on;iou on th? ptano ti ? r.t.?rntin? liul > Aiiun VUrlt. Uitllr. u?t liunllgnirrt Mad Uivtr a>h> Lot IIaii.hoaii ? T ? D?yt u 0. / wrnai otttie tu*t fcb vt i .? < "* r.n In ' 1 1 r * Iflutl' ll I. >i *4*lilt* ' ' '* I will l>;? 11'ii. ueJ t'J i'yiii. . i i < bOi?t t..? ll?i 01 Jut, aboulU vbiog* work w?U from tbfe Urn* out - A