Newspaper of The New York Herald, February 15, 1855, Page 3

Newspaper of The New York Herald dated February 15, 1855 Page 3
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LEGAL INTEl LICENCE. Mitchell, Morris and Clerfca, J* Pixmalitt or tri rnmnn to ohmnm MFOITm TO rABTWBM. John Srericn H. C. OtArmam mud Mm 0 C?r Mitchku., J ? The (Went sal iitkraut. m>i4 gat special term lo Ml ukte a jadgw--' a?aia?< hi * and C. for irregularity M* *W<. M Ml?fl by illusion between the two Etitwdi, ul is fraad of fiehraan'a right*. Tha motion ?a< 4mM, aal Ikt 4? endant Everson allowed to amend aa affrr to coafees n^fment, no that it should b e In t*M jo<n? aamaa of tha dim, Instead of being in hU nam* alone. The def?a I ?nt Qebrman appeals. It may fairly be inferred, from tha affidavit* In thla Cfcse, that Gehrman became Indebted to Use plaintiff in the year 1863, it a Hum exceeding three or Ibur thousand dollar*; that oa the let day of January, lfc54, Ge^naaa and tha plaintiff'* ton entered into par'nertblp, and the debt remaining unpaid, the plain'-iff ag??et with the defendants, in March, 1854, thst ihey aha il 1 give him $2,487 46, and that lie abould then Rive to his son thu balance due to the plaintiff. In April, 1NA4, the son gave to the father >687 46, in bill ?* due to the Arm, and the note of the Arm for $1.80<1. fluch an agreement, made by the firm in faith, and with the concurrence of both cf it* member*, would bind the firm; the lo** of the plaintiff in ri-lea-ing P*rt of hi* debt wan a aufficient consideration fo- ft. in Auguit the plaintiff applied to the dvtendint i to pay The note of >1,800, or to secure it. They aaid they eoull not. fie asked for a judgment, but Genrmtn refute I to give one; and be iwear* that Gehrman aaid tint if any cne sued him. he would eeli hi* property and dispose ef it *o that *acn person could not collect the judgment, At the same time tb4 aonwa* desirous that judgment abould ha confessed. Thu* the plaintiff and hi* son. the parts er of Gehrman, each knew that Gehrman was de termined that the plaintiff should not have any pre ferraMfcy a jmlgccent againit the Arm. With this knowledge, the father and son immellately contrived their plans and carried them out; and the question is, whether they should be aided by the Court to make effectual a scheme in which they colluded together to gain an advantage to the father over otter creditor* of tha firm, against the known ami express wishes of Gehrman, the other member of the firm. The facts clearly show that the action against the de fendant* wa* commenced and carried on by, and all its parts arranged by eon cert between the plaintiff and hi* aoa, and designedly concealed from Gehrman, the part ner of tha son, and with the knowledge that he wa* oppoied to any inch scheme. The plaintiff* counsel admitted it, and while the defendants' counsel called It a collusion to defraud Gehrman out of hi* right*, the plalntilT* counsel insisted that it wa* a plan to do good. The plaintiff's attorneys lived in Madison county, not far frcm the residence of the plaintiff; they conducted all the prooeedtnga and all the papers in the cause, in cluding the oflerof the defendant Kverson, and any other papera on the part of the defendant were in their hand writing. The summon* wt* addressed to both defendant* ; It had no data to it. The complaint was on the $l,HU0 note, and wa* aworn to by the plaintiff on the 21*t of August, 1844. The lame day the plaintiff's attorney* made affi davit of the service of tbe summons and complaint on the defendent Kverson. At this time Gehrman whs in his Store, and could have been also served with ths same papers. And this must have been known to tbe plaintiff aid hi* attorney*; but they designedly refrained from ?erring tbesson him, as that would have frutt rated their Ahnae. On the *ame day, the defendant Everasa sign ad a paper stating that "the defendant, John 0. Kverson, hereby ' " * ' * * favor of confessed, coats. . Be ilgned m hi* own name only. On the same day the plaintiff'* attorney* served on the defendant Kverson a notice addressed to bim alone, that the plain tiff accepts your offer te let judgment be entered againit you, ana made affidavit that he had served it on J. C. Kverson, one of tha defendants. On the same day, also. J. 0. Kverson made affidavit that the defendant* were ?' indebted to the plaintiff in $1,800, aad interest 11th April, 1864, on the above note. On the same day, at 22 minute* after 9 o'clock in the morniur, judg ment wa* entered against both defendant* for >1,846 I 0 damage*, and $10 60 cost*; the paper* above mentioned forming part of the judgment roll, and execution was issued, and at about 10 o'clock on the same miming, was levied on the stock In trade of the firm of the defend paper stating that "tie defendant, John 0. Kverson, iy offers to let judgment be entered against his* in 'of the plaintiff," and that, judgment was thereby wsed, in favor of the plaintiff, for $1,845 60, besides ant*. Under the** circumstances there could be no doubt that til thin was done by father and son in collusion with each other, to give a preference to the father over the other creditors of the Arm, and against the known and filed purpose of tiebrman, one of the member) of the Sim. The Judge at special tern allowed the judgment and t execution to ?tand as security, and allowed the defendant Gehrman to defend the action, and also permitted John C. Ererson to amend his otfer to confess judgment, so that it shoull appear to be made on behalf of the Aral, instead of his own behalf alone, and also to sign the Arm name to the offer. In Egberts vs. Word, (3 Paige. 617,) the complaint alleged that an assignment had been mad* by Jeistip, without the consent of his partner, Vandenburgh, and aht to set it aside on that account, but the answe id thia and alleged that it was mad* with th ? concent of Vandenb'rgh; this was conclusive on a motion to dissolve an injunction, as tha'. was; (see pp. 610, 621.) The Chancellor expressly avoided at that time " expressing any opinion in favor of the validity of an assignment of partnership effect* to a trustee, by one partner against the known wishes of his copartner, and in fraud or his rlght'to parti cipate In the distribution of partnership funds am'iug th* creditor*" ? (p. 625.) In Havens A Dorr vs. Hussey, kc , (6 Paige 30 ) the Chancellor, Tepeatisg the language in 3 Paige, characteris ing such an assignment a* a fraud on th* right of the other partner, to participate In th* distribution of the ; partnership effects among the creditors, h*ld, "upon the moat deliberate examination, that such an assignment is both illegal and Inequitabla, and cannot be sustained. " And h* stated th* principle on which an assignment bv one partner in payment of a partnership debt rests, Is ythat there I* an implied authority for that purpose from his copartner, from tha very mature of the contract of the partnership; the payment of the company debt* being always a part or the necessary business of the firm; and that "whil* either party acts fairly within the limit* of inch implied authority, his contract* are valid ! and binding upon hi* copartner;" that one member of the firm may, therefore, without any ex?r?i>a authority from the other, discharge a partnership debt, either by p*ym*nt of the money or by tranifer to th* creditor of any other of the partnership affects, although there may not be aufliclent left to pay an equal amount to the other creditors of the firm; but that It i* no part of the ordinary business of th* copartnership to appoint a trus ted of all the partnership effect* tor the purposa of lull ing and distributing the proceed* among the creditors in ?qnal proportion*, and that no inch authority as that can b* Implied. The test* are here furnished, which determine what act* a partner may do : he may do whatever the articles of partnership expressly authorise him to do. and what ever I* with'n the llB't* of an implltd authority. It I* within the limits of the Implied authority to do any ' thing that fall* within the ordinsry business of the firs, a* to purchase goods within their line on ~a?h or rredlt, and to give the notes or promises of the firm for their payment. and to pay for them in money or any other effect* of the Arm. But it ia not within the im plied authority to do anv act which, if It were proposed to Insert It in the articles of partnership, each would , ia ued lately scout at ; nor to do any act. the eilect of w Ueh la not to continae the business, but to extinguish It . Mr far < ne member of the firm to appear in a suit ?gainst the firm, not to promote the wishes of his eo pertaer, or to defend the suit, but to confer* a judgment which be mew the other had declared be would not con- I fee* ; nor to collude with th* (iaintiff, thus to defeat the : wishes of the oue whom he professed to represent If it ' were proposed to any persons about to enter into a partnership, whether thev meant that either partner might eoefees a judgment to give a preference against the wishes of the other, there could be but one answer to It, and that answer would show that no such j pnwsr eaa be implied as arising out of the inten tloa af the parties, although not expreesed. N>. power j can be implied anlesa it can be Inferred that tbe ; parties lat.aded to grant it. Their acte may *how . that Intention a* well as their express words; but I in an implied authority tbe Intent Is as essential an *Ve meat as words sr*ia *n express authority. Tbe authority | of partner* ia gen* rally employed n giving acknowledg ment* *< indebtedness, or of payments snl promises or ; sUigaMms to pay, and la disposing of th* partnership property All tbeee *re within their ordinary business, j They may alas pre*ecat? and d*fend suit- This Is on tha assumption that they are acting for and under tbe asset tea of their eopartoe*. No aucb assumption can eaist ? hers they and the plaintiff in th* suit know that tb* partner is apposed to tbrr proceedings. There to mora reason for sustaining an assignment to ? Hastes I for creditors, by a single partner, than a judg ment *ea>**sed or acknowledged by him in the nam* of hi* esaartaer, but again <t his wishes. Rack partaev has an estate tn tbe pavtuersliip effect* each ?v?? them per say and p*r lou'; each, therefore, bee swab a legal estate la them that his act alone operates to pa** tbe legal till* In them, and it la oely because ?aab an ase gnaient I* a fraad on tbe rights of the eo partner to perttolpste la tb* distribution of the partner .u,p fnah a swag the ereditors, that th* aa-'gnm*nt by <ae to* tow*ia*. agaiast tha w>U of th* other, is void. Put ta the ?asa of a Jndgment. confesses or s: B'xv tedgsd tu* pa- leer ennie Mag it against the wish of his as partner net *aiy has ao authority, *xpres? nvlm fhnd to de -a, hat be also ta aot setiag In that hi > r etrtis* *4 aay estate wbi< h he has, ar directly upon I ?ae esSaW la th* ana eaa*. tbe e*t*'e whf h'he lias aaald sasia s tbe star* Isgsl eatale which he fives; ia feeetbsr. the estate which be has gives him n n pawer ? ?nne?. In Dwag es <?eW haf?m Jaatiee* Oaklev, Van T?rpoo I mm* HssSfar.l. aad In Hares es Ha rev, before Just res (beer a aad fbapbell il Haad'ord. Superior <'??urt, *sp 1*4 It wns deei led that .*? member of a firm ? ?aatd aat witbawl th* eoacerresre of bis partner, whi | was at head ar cape Me af artiag. make a rea?r il a-sgn | ?mat af th* property aad effects of th* Arm to a tru'ta* ?ev th* pat meat of partnership d*bta, *te* where lha pa > meat was wit ho at preference*? that It was not in'i I ?eat to the stghl af oae partaer tbea <a select ?? aiest > and sto be him with all the sstbority ef the Arw< Wu-h I lees eaa N he i**4dsat to tbe right of oae partner (hv imcimtlsr a i eat thas 1a selert bis awn favorite, ?n I i Bt him la pssmi sisa *f tb* property a' the firm sgalsat ' , wtehea ef Ma re partaer Th* dnfsndaal, Krersoo bad ??er to confess Ju 'g meat far blmeetf Mem* aad with that titer* should be m etsr* I" is bet aM, outer th*ee sirramstanoe*. for * M* partm r al*e aad. eeeerdingly th* judgmant shoui ?>. ! he made te leafesm to th* coa'eeeioa or offer m? e by . bn aad Mi * ? a Igmeat easiest Mm ladlvldaally a II I* ast as ?aeasr to this nan* to daaidn wbetbar aa ofler to *antoa* jedgamat. aflat suit brought. mad* by i aa* dMhadaet to gead faith, aa behalf *f bath, tad with tha s eposes* sa*eat ef hi* es partasr, trill ant aaataln ' a , adfmsat sgaiast bsth. ?**? th* a*v aa* by oas t ?kw tfMirttlwi. H4 Mm judgment U irregular. HllB l>- T* ** *-k*? ? ? * ? ' [?? ?Mt miH be %f mMmMii om defendant to do an aet ia tfce r *f Um ?Uw which, it la known to th? Court, ttottthM w*N a -rtkeriaed, either exprearly or by implica tK*. Ml wMeh ha npreaaly rafuaed to aaaant to. Neither nrh tmail, Mr aay railuaioa bet vara the plaintiff and eaae of the tiHalnh. appeared In Lippman va JotImb, (1 (*4a Dm *. a Ul, noto;) nor la Hammond n. Har ria.ft Haw B. Hi,) Mr ia Storm r?. B-utiey, k<s., [IHh Ml ) ear InCrana ra. Orach, (] Wand., Si 13;) Graaebeaefc va. Mot rudie (? W., 437.) Not ii thia caaa Ik* thaaa la whleh an attorn* t ha* appeared for both <afaa<nata. tha (wort thai* boi ling that th ay coal 1 not go heh a ' t ? reenrd to inquire lato hia authority to ap pear. aa ta llaaemoed va Harria. and Stern* ri. Banlley, 1 ae.Deetoa ??. Noyee, (6 J It, "i##;) Grazebrook va. I McOradla, (t Wend., 417.) Blodgett ?a. Couklin and Ar- i no Id, (? Haw., 443.) la '1 Bow. 1*. K , SI ? Groeahuah n Brown an I John i ?on ? Johatoa emplovtd aa attorney to appear for both <tofeadaata. %ad co?f?**ed ju<lg meat i|?iwt both. Tha attorney tat irraapoaaibU, aad th* judgment >u aet j a?.4e aa irregular, aad Judge Beerdaloy aaid that the at torn*y had BO authority to coafeaa judjtm ?nt againat Brown Ihu mttat have been on tbe principle ttaat John- I aaa, the partner. row I J Mt aathoria* him t<> dw ao Ha aiao eei-l that there waa raaana to believe then vaa aollaatoa between JoliaaoB and tha attor- ; aey aad th* plaiatiff Ila ?U? remarked that John- ! M n migLt have r*afe*>*d Jnd meat uoder tha Joint dab' or act, tha declaration 1>*ib? ?erveloo hiu. but tha' : ia th* raaa bef are hlaa, jait?me*t wa? agaiuat both da. feasant*. Mo ia thia caee, if tha def< adant Krer?tn ia allowed to aaa tha Dana of Uehrmaa in the offer of jndjj- : mm1 adgaarnt maet b* I aot aa aa the joint leblor act age Bat the propettyoaly , hut) age aat Uehrmaa (aa well aa tveraaa, , if Saliraan ha 1 appeared la the ault ! Ia Blodgat ra. (oaklln aad Arnidd (? How. 442) aa attoraay had appeared, la good laitb i>a hi* part, for both d*f*adasta, aad th* U*urt ailowal tha ja< irm-at to >tud aa aacuntv, bat aaid that "if noUu*>a hetwaen the plaintiff or hia attorney aad Arnold, *r tha attornev whom heeaploven, had h**a aatiafectorily *atabli?h*d, , the caaa would har* he*a entirely diSereat, aad the judgment woald la that MM to a*t Balda a a againat 1 Coaklin " Tin. ia bat a common iaataaoa of the aver- i aion which tha law alway a ahow* to fraad aad cot in. So, lu tha aaa* of Storne ra. Benttoy, ho . Juat ?* Paige noticed that "fraud ar eoiluatoa batw**a th* plain tiff and the dtfcmlant. MelAuahlin. or hia attoraay, waa denied by tha plalatift " Aaa ta l^atoa ra. Noyea, (4 I J. K. 2M,) Ch. J. Kent aaid "if there had h*ea any col laalea between th* plalatiffa, or tit* attoraey for tha de fendant, it would have altorad tha caaa but that aona waa abown or pre leaded. '' Hare the eolluaioa waa b*- ; twtea th* pfalatifl aad on* dafan<tMt, aad If th* Court ahould aaactioa th* a mead aaa at allowed at apeeial term, it would make itaelf alao their la?trum*Bt Ia Green, ke , *a. Paalaa (1 Caima. 'i&4, ) aad st John, Ac ra Holmea (20 We ad. M9.) the Court rafaaed to a?t aalda a Judgment confeaaad afaiaat two partaera, oa a warrant of attoraay aigMd by oaa bat there the use coafeaelng the judgment alone aaoeed to aet it aalile, and it waa good aa to him; Bad It might ha that the other had aaaented, or did Mt cfcooae to object. There, too. an attorney muat bar* appeared for both. Bat an individual not aa attoraay canaot appear ia oourt for i another without the eiprea* authority of that other, If thia judgment ahould be aoatainad, It would open the way to ooe partner to rive prefereacea aa he ehoee, I to any number or creditora of the Brtn, againai the wiahea of the other, and ao produce the aama e:fe< t a? an aa dlgnment to a trnatoe for auob parnoaea, which tha part ner could not hare made. It would alao encourage con cealment and contrivance againat tboae to whom the partner owed conHdenoe and good faith. It th* partntra cannot acree, it ia heat to allow all tha creditora to cona* in equBlly. or th* moat dlUgaat In the fair and regnlar practice of the law to anccaed. The order ahould be ao modified aa to withdraw from the defendant, Everaon, the right to mtke any atnaal ment, aad ao aa to aet aaade the jndgmeat aa agalaat the defendant Gehranan, with roata of the appeal. H. C. Van Torat. counaol for appellant; J. W. Nye, counael for reapondent. United Itald District Attorney*! (Mice. Ftp. 14 ? Th* United State* District Attorney he* made an alteration respecting the summoning of juror* for the federal court* ? a *tep which ha* been induced, no doubt, to prevent (rand jarie* In future extending tlieir icuton ad libitum. Jt'ROKS IN I'HITED STATES COCtTH. An arrangement ha* been mad* by which the juror* in the United State* Diatriet Court will be *umtnoaed for the third week of the term, initoed of the first week, a* heretofore. Gentlemen on theae panels wiil net aenre more tban ten or twelve day*. The compen*ation i* two dollar* to e*ch juror for each day'* attendance. Irres Kctlve of the number of caunen tried. We subjoin a t of n*mt* of tbe grand and petit juror* drawn for next Tuesday, the 2#th Init. : ? HRAND JLEORS. Fbiletu* H. Tlolt, I>. Ramom, E. II. Herilck, O. P. Neviu*, A. Hampton, Stewart Brown, H. Quertpel, W. V. R. Arneld, H. Uwie, F. A Delano, J M Cockroft, <1. W. Ilerriaa, Jr , B. H Field, / Curtis Judxon, C. O. Landon, C. B. White, I. Radford. B. F. Wheelwright, W H A cable, IT. Rrewiter, H. C. Adams, U. Waldo, W. Edgar, H. Averell. FIT IT JURORS. C McCinnell, S B.C'ark, W. McCarthy, A W. G&bjnlon, A Mchmn, P. H. f rost, John Mitch. U, J. Hardley. G. Underbill, J. Ilarraday, J. Boerikel, T. Hawthorns, P. J. Stults, D. Marsh. D.8 Schanck, T. MsDunaU, J Bawley, J. Blan^uier, E. J. Hawley, C. Black. J. Hawkes, G. D. Billinge, J. Hawes, J. W. Little, G. E Hawe*, M H. Levis. W H. liegeman, G. logan*. M. Be are*, Cord Lehman, A. C. Pean, M. loudner, Alex. L. McDonald, F A Long, D. Whitney, J. long, J Cole. John long, C. A. Bulk ley, A. tortus, N C. Betts, Wm. l/igan, N. Sherwood, J. H. Ziudel, A. Holbrook, Wm. Sheal, J. T Shields, W E. Spark*. C. 8. District Court. Before Hon. Judge Ingernoll Km. 14 ? William K. Dodge and othtrt against the 1 Skip John Stuart, her Tackle, <tc. ? This is a collision suit, brought to recover forty-four thouiand dollar*, i being tbe value of the bark ttreen Point and her cargo, which were sunk near the Chinrha Inland* In August, ! 1163. It is alleged on the part of the libellants that the < c?lii*ion bvtseen the John Htuart and the Green Point , was brought about in consequence of the neglect, rare leeenesa snd want of skill o( the officers snd crew of the John Stuart. This I* denied on the part of the claim- i ant* of tbe veaiel, who allege that their *hip was mil- i log close hauled on the wind, and was a verv large ve*- j sel, and could not change her courie in time to avoid the I collision, ami also that the bark wa* *ailing with the wind free, and could. If proper care and precautions had been taken, have steered clear of the ahlp. Tbe (Ireen Point *truek in twenty minutes after tbe collision. The ease I* atill on. For libellants, Brown Hallaus, Van derpoel. and Mr Stoughton For claimant*, F. R Cou rier!, (.carle* O'Cosor, snd W. Fullerton. Court of General leulons. Before Hon. Judge Stnart. CHAKQK or THEFT. I'm. 14. ? George Faddea was indicted for sisal's? a gold watch of the value of $130, from the peraon of John Ryder, on the 5th of November last, under the fal lowing circumitancea ? The complainant wa* thrown from hi* wa(on near Bloomingdele, on the day In que* tion, and seriously injured. Tbe prisoner volunteered to *ee him home, and witn thia view he aesisted him into an omnlbu*, and sat with hi* arm aroun l him until tbey both got out at Thirty flr*t street, and walked to the complainant's residence, No. 37. Mr. Ry ler testi fy d that he felt hi* watch in his pneket while in the omnibus, snd ml**ed it a few moment* after be bad En tered hi* bouie. No evidence, however, wa* prodjeed to trace the stolen property to the priaoner, and there beiog, altogett er, much doubt In tbe ease, the jury found a verdict of not guilty. ABDUCTION. Valentine Switxrr was indletel, under an old statute of this State, which enacted that any person who should inveigle or entice any unmarried female, under tbe age ol twenty Ave years, from her father* house, or else where, for the purpoae* of proetitntion, to a hoe? o( 111 feeM, or elsewhere, shall be deeae<l guiltv of a ml?de meanor. provided, that no conviction ahafi be obtained <n the testimony of the female eo enticei or inveigled. un supported by other evidence. In thi* ea*e. the female ?Ueg ed to have been enticed, was a <tout<ierman girl, named J. ?rphine Grendier, blue eye*, white hair, <r tat 14 years. Josephine had been four months In thi* country when the f. r ? t met the prisoner in an intelligent* office, where ?b* had gone to look for a place He hired her at 91, scd brought ber with him tobUhoese In Houston street, where It appeared that amatory propo*als were ma<lc to her by men who frequented the establishment the pro pilstor Inclusive. Force, too, was used; betas it Meai?| tl *t the girl nmained in the prisoner * boute after abe might heve lelt It and as her reputation was not ??ntire ly stainless, by ber own admissions, a eonvietion <x?old not be obtained. Verdict, not guilty. m ROI.AKT IN TBI Tit INO DIOUI. John Week*, a colored man, was charged with bar glerioualv enter. i g the store of Thomas I- Davenport. No .'.2 resrl street, on the 31*t of January last, and stealing tbenee lour firkins of bntter, of the valae of t ?b. The fact of tbe burglary was proved by Mr. Haven p< rt. and the nxm ng after. the prisoner wae *<?n in ? ompaay with two other colored men br oil -er MeGratb. These two men were carrying et? the stolen property, and rannway at the eight of the polie* officer Prisoner. wLo wa* arrested, pretended that he had met them by so ident, and <hl* theory we* apparently adopted by tlx jury, for they found a verdict of not guilty. POCKET PICEIKO John Preecott. a boy seventeen rear* of eg*, wae ? barged with picking the pocket of ffcrnard Conway on the 1st of February, instant, and taking t here f re in a pocket booh containing a promisor r note /or 1 1 00, $7 M> In |*U, and three tl bank bills The complainant as verted that he reecgnlaed tbe prisoner aa the bey who *tole hi* property ; that he deterted him In the very act het bl* story was not credited by the jury, who found a ver dict ef net guilty. nontNQ a mad op ntn boots and pants. Denl* He Ul van wae Indlated for forcibly tnkiag from the | swan of Fdward Derand, a . one night nhojt i menth age, W* beet*, panta and eeet. Ike eenfta'i ?at, Mt very sober, *u la a duclif saloon (a Jamea itrNt, the aigbt ia question, whenoe he m ntM by prisoner amd two (than. Being led la to analley. way, he wm there knocked down aad rubbed of his clothe*. Complaisant a a soon u possible ahouted w?tch, aad he was found a few moments after in a naked state, by a police officer The prisoner was subsequently arrested, sad the complainant's booti were found in his posses sion. Mr. Hpencer, counsel for the defendsnt, coateaded that the whole transaction took place in a drunken rpree. Verdict, guilty of petit larceny. Sentenced to the Peni tentiary fer sis months. The court then adjourned. Vnlted States Commissioner's Court. Before Geo. W. Morton, Esq. ALIFOID SLAVE TRAFV IC IN THB TEAB 1853? DM CHAKQB OF Till ACCU8BD. Fkb. 14. ? The United State* ?s. FelleUx, alieu Captain A'ra/f.? The defendant in this case, as already reported la the Hkrai.d, was charged with being engaged ia alare traffic, on the coast of Africa, in the year 1852, in the schooner Advene*, of which, it was alleged, he was then master. The evidence as to the identity was conttictiug and extremt-ly doubtful, and the commissioner this morning din-barged Capt. Wlletti, as the evidence ad d ii cod did not piove him to be Capt. Kraft, the master of the Advance. Police Intelligence. CHAHGK OK FAUCI rKKTKNOK.I. Officer Mauln, attached to the Second district police conrt, arrested a man named Ellas Marcus, charged on the complaint of two dilTereat persons, with having de frauded each ol them out of a considerable amount o property, by false pretences and fraudulent representa tione. On* of the complainants, Reuben P. Kwartwout in tbe employ of Grant k Howell, lumber merchants staled that be delivered to the order of Marcus a quan of lumber on credit, the putchaser stating at the time that b? was a responsible man, being the owner of house No. .'i'.'i iighth avenue. Relieving the representation of the accused to be correct, he delivered to him the pro perty. valued at $22 5 26 ; tliat since the delivery #f said proprrty be has ascertained that the statements made by the accused as to his solvency, were entirely untrue, and that the accused baa never paid for the property ia question. The other complainaut. George Hutch, In tbe employ of A. T. tseriell, lumber merchant, deponed 'hat he delivered to the order of tbe ac cused, ?i.o 18 worth of lumber, on his represent ing to him tbst he was the owner of house No. 326 Egbth avenue, which, to the best of the romplainaat'a knowledge, it untrue, and was made at the time with the intention to defraud his employers, the bill never having been paid bv the sccused. The prisoner was taken be before Justice Brennan, at the Second district police court, who held him to ball in tbe sum of $500 on each complaint. Ball being forthcoming, the accused was liberated from custody. AHBkJTBD ON CHARGE OF BMBEZZUDIBNT. Yesterday officer Watson, of the First ward police, ar rested a young man named John Halllsey, bar tender in the drinking saloon of John H. Williams, No. 31 Do I oyster street, on the complaint of his employer, who ebargoa him with having, while ia his employment, em ben led, la avail sums and at varioua times, money amounting In tbe aggregate to about 9160. In the affi davit of Mr. Williams It is allagxd that, suspecting Hal lisey to have been In tha habit of pilfering from tbe money drawer, he earned two quarter dollars to bs marked and given to the accused at the bar in return ! for liquors; a dollar bill, the number, date and deacrip , Uon of which was accurately noted down, was also | I caused to be delivered to the accused la trade. Home , > hours after the trsp was tai l for the prisoner tbe money i drawer waa searched, and the marked money was found j to have been abstracted. The police oflloer was then I sent lor, aad upon searching the accused tbe money In 1 , question was found in bia possession. The prisoner was | I taken before Justice Bogart, at tbe lower police court. ' ; who committed him for examination oa the <iharge of ' embezzlement. CHABOE OP ORAND LABCHNY. Yesterday officer Sweeney, of the lower police court, : I arrested a German named Sagismund Seeglen, charged, on the complaint of Louis Wendell, of 72 Franklin street, with having stolen a trnnk aad oarpet bag containing about $280 worth of property. The complainant states that the accused and be live together at the above place ; that on Tuesday night he rettied to bed as usual, with his property in bis room, tbst on hU awaking the nost morning be found that bia property and bis friend, who slept in the next room, were non est inrentut. A com plaint waa made against Seeglen, before Justice Connol ly, who iaaued a warrant for lils arrest. The property <'l the complainant waa recovered by the officer, at tho argar manufactory No 3 Allen stieet, where it is said the accustd stored It. He was held to bail In the sum of $t00 to answer. ALLBBgD OBAKD I.ARCKN'Y. Two young did, naiced Ceoige Tbompaon and (1*017 Mchola*, war* arretted by officer Holland, of UmBmnI ward police, on the complaint of William Eoiflnon, cf No. 60 Mulberry ?'rHt, who chant** them with having, ob Sunday night, entered hi* room at the abov ? place, and itolen thtrefrom )t0 in monry. 1h? a: co*e<i ?tr? tal ?n before Juitice Connolly, at the lower police coi.rt, who committed tliam for examination 1h* accuaed deny their gul t, and itate, in tbeir examina tion, that tter 1 re clerk* by proferiion. Thompson aU leg en that be retire* at No Md liroadway. CB xnai OP ORAND I.AI1CENY. A man named liar 1 icon Frencin, a colored m in, wat arretted by officer Baldwin, of tb* Eighth ward poliee, rbti(>i with baring *tol*n 961 frum Mary O'Oortnan, of No. 17 Kaet fourteenth atre?t. The property, ai It la alleged, waa returned to tb* complainant by tb* wlfa o' the nriaoser, who, it 1* ?aid, received It from her baa baud, 'be accnaed The prUonar, In bla examiDation, otated that ha waa a native of Maryland, and reaided at No 40 Grand *tr**t. The acrnied wan ccmmitted for trial by Juatice llreeman, la dafault of $S00 ball. Theatres and Kihlbltlona. Kkoapwat Tbbatri.? This evening la aet a;*rt 1 for tb? benefit of Mr. Harriaon, when "Cinderella " | will be plated. Although Mr. Harriaon intended a j jx-aririr in another opera on the occaaton of hLa t*L<flt, fine log from tbe manager that MM 1 tequta'e for one night mere o t "Cinderella" were 1 made, he baa jieded to the deaire of the public, and will appear to night ia "Cinderella," aided by the awret vocalist Miaa L. Pjte. The concluding piece will be the farce of a 'Blighted Being." I Bowery Theater. ? Tbe piece* selected for thli evenirg are thoea wbloh hare drawn at all timea large Audiences to this eatabl'abment. Tbe firxt piece la "La Tf ur de Nesle,'' wblch will be followed bv a drama, introducing Mr. Charles, an It lib come dian, and tbe en'.et tain menu will conclude with the farce of "Servant a by legacy." Waldron, the pro prietor of the Bo we y, ia prorlng that no entertain Bienta on bla aide of the town can equal hla. BrRTONii Theatre.- Tbe eelection* fjr thia even i log are rach aa cannot fail to draw a large audi ence. Burt, r ia alweya happy In hla aelectlona, and , thl* evening be aeexna to add to tbe attraction* of bia establishment. He annonncea tbe far e of "Jobn Jooen," the ccmedv of "Living too Feat." ! tbe "Warderirg Mlnatiel," and "Turning the Te Me* '-all of liia !e?ding arust* appearing In tbe 1 reape t!ve caatg. Wai.lac?'h Tiiratkr.? Tbe comedy of Ave acta, 1 entitled the " Game of Life," which em brace 1 in Ita caet ell the leading mtmbera of Wallack'a aompauy, la the opening pie. e of this evening. Tbia will be followed by tbe " Captain of the Wat h," Meaara. Lester, Pblilipa, Mr*. C .rover, and Mm. s even*, In tba leedlrg character*. Tc-morrow evening L** tor'a eomcdy of " Two to Oce" will be given for the pleasure of thoae who admired It on former evetlngr. Abibican Mt atr m.-- The afternoon performs* ee at thia old and favorite rraort, a*e aoch aa moat pit are Ita patrone. The ptooe of ' (jolt* at I and tbe domestic drama ef " Bleik F.yed Susan. " In the evening, tbe temperance drama of the " Drunkard," with Clarke aad Miaa Mertayer In tbe leaadirg characters. Wood * Miksvrbls.? The aeme very interesting and aButlrg aegro deilneation* oome off ever? evening. The borleeque of the " Hotel d'A rkjue." and a variety of negro amuaemente tbia evenicg. BrtiLCT'e KBRE1?ADBBS.--The burlee^ue of " I.* crtUa B>rgla," Is, aa itahuold be. becanae it ia 1 tally a capital borWqae, admired by all. It nil be repeated thia events* PBii.ADtLrBiA.~Mte* (ireenAeld. (tbe Bark Bwan,) ia giving conoer?a at tbe Hanson Street Hall. The annual ball of the Attars' Order of Friecdehlp la to bg'giveB aa tbe 'ill inaUat Mr* F>telie Potter Is plajlBg at tae Chestnut. Hava>a ? Tbe opera eeaeoa was nsa'ly ovse at tba I st eat dates. Mgnor Marlnl had a bsoeflt os tbe 8th, tod Its neveri taoo a benefit was sawooaoad for thelltb. A pianist named Riviera we* te m the hie 4Vm / cb tbe last cam* d night. FamM*, N. J. - A theatre has been ope -.el here under tbe manage merit of Mr. Hamsos, nf Brook lyn, a well knows amateur. The Patereoa pa^e-a apeak highly cf the c mpany. Bc.ftpb.? Tbe Howard Atbenruea will opea aa Ur tbe maaaeemewt of Mr. lieary Wilier*, ea Wedaae day. tbe 28tb init. Di-tkoit? Mx. McFarland aaaoaaced that he would open the theatre here for tbe aprlng aad aera an aeeeoo, on tbe evening of tbe lit* laet. Corom r*a Inqaee*. KaTa! AtrtMor is a Broas (UniniT ? r?e?a*r Wu helm bald so is^aaet yaaterday apoa the My of ArrW hald Th< aipeee. recently a laborer ta tba eager ragaary corner of I eight and West atraeU. who casta te hto Aaatk froai ?aver* *eald? reeelvod white owe mt the boiler* st the above place the jsry rase* red s varitot Is a< cord* ore with the above facta. The imuil waa e aativa of Irelaad aad a hoot forty sight yean of age He leave* a wile aad fasrfly te lisisi hie asUaaaiy **4. Labb roa tbi Bact Hts. Masib Cabal Cow fasv ?fai the Seaate *f MMigie, *a ttaetk lasts st, Mr. Mraws praeewtad the aeUtteo ef bart?i Oratag, / V. Mraok* aad sthar*, aShlag tbe Ugtdatsra to aaoiae tea the *aavay*at* ef TM.WS ***?? sf lead to tba taat 8te. Mane 0ml Compear, which waa ialwied to e ea Met flMMttte n<n- If Hh WMklpH KmlBUM. TBI MAYOB. TU All CULT UMS, AND TBI WOW OOTBBBD ITOBWALIS? THI BBLOIAN riUHH TO n KBTUBKBD? TBB COMPLAINT BOOK. We called particular attention la th* Hould of J* Urtej to the numerous complaint* which had beoa entered upon the Major's book la regard to th* M|lMt of th? uk cartmea to remove the uIm from th* aide walk*. Soma of these complaints have been repeated ?gala a ad again, wlihoat effect. The ashe* are not re moved, and the bonaekteper* are compelled to throw then into the street*. The Mayor ahould hare thi* mat ter attended to at once, if he woald preserve the reputa tion which he ha* gained for the enfercemeat of the law* la other particular*. Of courae It 1* impossible to elean the Itreat* while the; rt main (n their present condltioa; but thi* U a nuisance which can easily he abated, if the proper mean* are taken; and thres mean*, we be heve, are la the contrcl of Mr. Wood liimaelf. The ?treet contractor* are under bond* to a certain ?mount for the performance of their contract*, and the Mayor ha* the poser to prevent the payment of their bill*, by refuting to sign his name thereto. Thi* 1* a I negative power, It is true, but (till It would prove almost as effective in this case a* if he had complete control over the matter. Ihe s'dewtll s In many of the pabl'c parks are almost impassable, In conaequence of the saow aot bavlag beeiB removed. The Mtyor can bardly eipect housekeeper* to keep the walks in frmt of their doors clean, when those belonging to tbe city are neglected. We hope he wil have thi* matter attended to at once. It woaM bo well alio, for th* Crmmiir loner of Street* and lamp* to haeo the street* in hi* own immediate neighborhood kept ia a better condit on than they hare beea for aoae time pait. TBI BSLOIAN rAl'PlRH AUAIN. The following letter In relation to tho Belgian pauper* bow Id the city ptUon, ha* been address ?d by tb? Mayor i to the Belgian Consul, Mr Mali:? ? Mavou'h Hrricx, New York, Feb 1I,1S&6. B. W. T. Mam, K?.| , Belgi an Consul, New York ? Bib? After mature deliberation, ami an examination of tbe testimony taken before Justice llogart, together witli additional Information from the American Cansal at Ant werp, just received, I am reluctantly forced to tne coo elusion that the person* now in the City I'riaoa. who cine a* emigrant pa*?enger* by the chip Rochambeae, from Antwerp, are not of a character to be permitted to go at large in thi* city or in this country; and while we cannot sot them at liberty, we cannot longer retain them In cm tody, tome measures muat bo adopted at once to relieve the city from th* *xpen*e of providing far them. I and at the tame time to *ecure us from the danger of I their presence abroad in the country. Therefor*, a* It ll, beyond question, from the evicence before me, and which I* open to your examination, that tley were embarkel at Antwtrp by the order and at the expense of the Belgian local authorities, I suggett that they be returned to their own country at the oost of the Belgian government, whose agent you are In this city. I see no other resource. Humanity and Justice require that tbey should no longer he retained iu prison in this city, when tbey have committed no offence, and self preservation require* that we ahould prevent theoa being at liberty here, with a belief that their presence would bo dangerous to our property. Fiom your nigh character In this city, and knowle-lg* and appreciation of our lnatltutlona, 1 am confldout you will comprehend the neeeasity which forces me to take this position, and promptly respond to the request that these people bo re-ombarked for Antwerp without delay. I am, with great respect, your obedient servant, FERNANDO WOOD. Mayor. P. 8. ? Tbe iblp Henry Rood, which arrived at thi* pert fiom Antwerp 10th instant, had on board six or eight of the same claas of emigrants, sent out by the Belgisn authorities, undor tho same circumstance* a* those now relerrcd to per Roebaubeau: hutiuy Informa tion of the fact, which I* official, (lid not reach me until tbe Kith instant, when too lata to take action, and they are now in our midst, to add to tho crime and destitution which surround us on all side*. THI COMPLAINT BOOI. That a palpable violation of Corporation ordinance* ha* existed for some months past, In allowing the water to run over the sidewalk between Noa. 12 and 14 Park place, endangering the lives and limbs of pedestrian*, when froxen, to aay nothing of tha Inconvenience It oc casions. Win Btmont, cf No. 76 Fortieth atreet, complains that the military irarahal attempted to collect a doe from him (or not doing military duty thie present year, he being a cripple and having been rick tbe pest year, and ccmoquently not liab'e to perform military duty. Mr. Wbi. Smith, corner of Fifth avenue and Thirty fit at street, complains that cattle and hogs *rc driven 1 through tlie Filth avenue, every Hun ay morn'ng, at ihe Usee when ladle* ate on th'-ir way to church, making the walking exceedingly bad, aad the amell arising there from very offensive, and prays that th* same m*y be stopptd. Manuel C. Desroot, gaa lamp lighter of the Manhattan Comisny, and living at lito Macdougal street, states the . gas Um hi tlevsnth street, near sixth avenue, were not regularly lighted on account of the frost; and that 1 Sstnuel Carpenter, a policeman In Jefferson market nrrotid I no and detained tim nearly lis If an hour, till 1 he (reerootj explained the reason the gas did not burn I la 'lie [snips In that district. 1 A yonag woman complained that her father repeatedly j I" at* and otherwise abuses her, threatening to turn her inio the streets; that last evening about 9 o'clock, he assaulted ber in her lied room, tock ber by the hair and endeavored violently to tbrust her from the house. Hhe ?tates that she ha* already complained of ber fat ier to a Justice, wbo told ber she could go into tbe street and be a pri stltut?, and that he refused to tak* th* char** spa nst hsr father. She ask* for pro ertton from tbe Mayor, fearing to return home, a? ber father threatened to tlu/ot her, and ha* carried pistols for that purpose. The Com mlaa lone ra of Rml|p?aon< THE UI.DUN rAPPEHH?AN I M POHT A NT INQUIRY RU9 0 EKTID - ISTnUWTINO RTATINTIC H. A meeting of the (Vimmlaalonera of Emigration *%? held ;nlfrt?y it 4 P. U Preeent ? Oommiealonera V?r planek, (la the chair), Wlttbau*, Kennedy, Kelly, Pun Up. Purdy, iQ'i <)erri|ran. Mayor Hall, of Brooklyn, waa alro piearot. After the reading and approving of tha minute*, tbe folio* log communication waa received from Major Wood ? Mayo*'* Omm, Feb 14, lMft. OrLiAJf C. Vgmrt-AirrK ? Mr ?In reply to an ln<|alry of Captain Crabtraa, aa to my intention with reference to tl>? Kelglan convict* or pauper* no* confined in the City )'rl>on,I herewith encloee a copy of the communication addreaaed hy m? thin day to H. W. T. Mali, E*q ., tbe Bel f>ian Conaul at thia port, from vbich it will ba Men that, n my judgment, there la no reaouree but to return thani to Antwrrp. I reipectfally beg leave to ad viae that, a* It la now ijulte certain that the local authoritiea of Bel .? >.? are aen .lag by almnet every abip mora or laaa >.f the ?* me claaa, the moat atringant mcaeure be adoptad, on the part of your Board, to prevent tboaa who are paupen from becoming a tax upon tba people of th<a country and ut* ana auch of them who are or have teen coi.victa, ahould be returned forth wlili. W* may tfcua put a atop to thia moat Infamon' practice upon th? part of tha authoritiee In Helglnm. FKRNAJfllO WOOD, Mayor. [The communication referred to In tha a)ove will be foui.'l anu rg tha doiaga at tha Mayor 'a office.) Ire m the debate that anauad oa the above, aeraral cnriouf facte were ellcltad. It appeara that a large ihip ping agent in Antwerp, named fltrauaa, haa a contract with the Ilelglan government In which he agreai to aend el. the paupera they furniah him to thia ceuntry, ha re reiv ng fifteen florin* for every peraon ao aen*. Tha eoat of > raniportatlon amounta to about T K florin ? per bead, aa. nga cleargala to him of florin*. Thi* nefarl on a traffic ha* aow been cirried on for aome time, and alB>'?t every ablp arriving from Rotterdam and Antwerp brtnga mm pauper* aad rootlet* In It. Tha following affidavit waa taken yeetorday at tha office of the Com - mlretoaara ? f'UianA Ctttn'fn/ Snt Turk ? Oeanlaa Franco!*, lata of It* rooaty of Kent, Province <)*t Flander. but aow of tbe e ty af Naw York, M yaara, being dalr a worn aad aaith ? That ba waa eant by tbe < oramune ! af K*ot which paid hla paaaage. aad cama over In tba ? kip A tee t-'bmidt. from Antwerp, ? master, aad arrived at tba port of Maw York on tba 18th day of lebruary. ltk*, aad that ba earned bia aupport by 'abor, ead waa pa ar aad that ba bae neither frleada nor rela t v?a ead tbat ba ie aatiow* for hla futurity hare, aad appeal* for aid to tha ? ommi*etoa*re of Kmigraimn. OkNKI-F. (X) FRAfOOH. faora brieve me tbia Utl, day af February, IWJ H liKAMU.T, (4HMBieata>n*r of Deala. I oabmtaatooer ? rrrware offered the following ?Where ae lately mar* ab pa br ag ag e mlgreat* or other impro |er per .owe ?? thia etty have arrived from Aatwwrp 'haa aay aUwi Ka wpwaa part, Ha alewl, That Itowi y W T MaN. the IWg laa Coaeul at tb'* part, I* ra^aaaM to iafarm bia govrntueo'. ? 1*1 ) f the above fact 34 Tbat there are pereon* . I ? * ? < ' mm ea oa <t">ag k at Aat ??<(., wke era eapeefaiiy laatramaatai ta the for ?rl or af aj' Um p?ra*r.e deafer an* to eedat; M Tbat tbe ' oaa m.e? eaev* eke J beraa/t*r laeaaiigaU eapeeiaiy , alt pea .eager a airriag ia aay ?h pe romla/ from Antwerp lb a ra>atat aa ?raa. aftor aeaia debate, adopted Aa "keataaa af rfficara far tba eaealag yaar wea here p ae mte Mr SaUaa C Tarptaaark wae a bar ted pr?ai - ?teat, aad ("apt < rab'raa vie* paea. Ua', by a aaaai a**i vata lr ("I bead af tba aaadical ataff oa Ward'* lataad, traaamittad b * Mtkly report, from wbKb it appear* tbara are aaar 1,711 pattaata aadar Irwataaaem Tba ? > r*el ty af tba maatb la large, compar*! with tba pro aad>ag maatb lapbn* fcvar haa prwvaiiad te a great ri'.at. all 'laaaa ie aaaai af that farm I I ?.m aa*aaer baa 1 1 ' flarwl tba foUawiaa ? Heaelved Tbat It < a? be raqaaatod If wttbeat daagar la Ike |a<aat. to eeat all ebip fever aad at bar aaaaa af tafecuaae diaaaaa to VaaraaUae wWla la It* earl; etogee. eat tbat they ba aeaampaaiad la tba ttoamkaat with MM af Uee beam pbymeaaa proper ba>Maag, *a Tbae waa adaptod Prawr tbaewevaraa *toa tbat aaaarvad peadtog tbe adarp Maa af tbia reeafe ttaa, It ipfnre tbat fra |*eat cam pialau lava bewa made aa to tike taade^aaay af Ike baa pttai* aa Ward "a letoad. to n alala taa pa He a** mat Km, aad M the rr*w<U>i tr af tba warda may ba WlMMM, there U ft Urge innWc of iaamlgraaU w%o 1 ere a charge apou tbia ooamlaaioa, owtag to a general aearcity of labor la thla city, and, vhtnta th? tin* la near at ha ad when tabor trill be la demand la the agri cultural dlatrieta, therefore, be It Reaolved, Ibat it ia deemed expedient, for tba purpoaa of relieving tbla commieeion, aad for tba welfare uf ita eouftHueata, tbat labor abould ba found for tbia mat amount of peraon. Aad further, ba it Reaolved, That in view of auch contingency, It ia da airable that a competent pamoo be employe.!, wboaa duty it aball be to viait aalJ agricultural dlatrieta, for the purpoaa of urglog upon farmara and otliara to em ploy auch immigrant!, aad to laduce aald employera ti make proviaiaa for the tranaportetion of auch per?ona. Therefore? Revived. That an agent ba employed at a aalarv not to exceed the rate or $800 per annum, aod that aai I aituation bo aholiahcd oa or before the flrat day of June next, ualeea other viae ordered by a vote of thin oom ?ianM. Ihe Board then adjourned. Whlll.Y ftTMHAKT. Allan emi|iranta arrived up to 7th laat I'p to 14th Inat 1,433 Total Arrived up to aame date ia 1861 14,013 lieereaie to for thi? year 7,293 Of tl oae there are in Ward 'a lnlaD'l lloapital ...... . 1.705 Refuge department 3,019 Total 3,746 Htcriyt. ami IHiburirmtn it. Agirregete receipt* foUtb ioat |H,(0I 19 balance in bank Jan. 1 01.1IM 40 ToUl S7.707 ?ft Aggregate ditburvemrnU 87, 7M 10 Ilalaace In bank $31 64 Due to coontlea Pecemtxir 1, I HI 4 $U0.iKW (*3 From the above it will be aeen tbat them la but rery little money in the han.'e if the Commiaaluuera. th.'ir delta largely exceeding their mean*. Hoard of t'ouncllmeu. Ku 14 ? The Hoard met at 6 P. U , pursuant to jourment. D. D. Conaor*r, Ran , l*re*IJent, in the chair. Th? mlnutea of tb* l*at meeting ti-ri read and approved, rmnnft* Hvnuum . To maka tb* liar km Railroad ear* atop at certain ?tatioaa "a tbalr rout*. To bar a vacant lot (neM at th* aorthw**t corner of Tw**ty aecoad atrtet an. I Seventh avenue. Of but/'b*ra ami realdenta of Seventeenth ward, for a** market bou?a la the place of tba one now occupied aa Tnmpkma market Of citlreaa agalnat digging a wall In 128th atroet, b* tweea tb? Third and Fourth avenu** Alan patitibaa ta ha?a Crotoa watar pipaa laid, and ?Weaalka lagged la certain atreeta laOUINM. Hat tb* Comptroller be dl ree ted in th* sal* of th* wbar vea pi?r? and alipa advertised for the Uth of Mar ;li neit, to Unit the leaaea of the aaoie to on* year. IU> feired. That th* Clark* of th* Board ftirnlah tb* member* with lUtkiMr;, ke Adopted. That tba CWtka of the Hoard of Aldermen and Council men are hereby autbor>r*d to aub? rlb* for tb* uaual daily u*wapat*ra for their office*. Adopted. That tba liar le to Railroad Company al. ill after tha lat of April, l"M, b? entitled to receive not more than two ? rente fare *arh way, forth* traaa't of each p*eaenge>r over laid road, between Tweaty third a treat and tha te-r minatioa of their lout*, at tb* aoutherly and of the 1'arb. Referred. That the report of tb* Committee oa Roada of th* late Board of fouaeilmen. relative lo tba aumberlag of atreeta n the Twelfth and Nineteenth ward*. and re farred to the Committee of tba Whirl*, be takaa from the file* and referred to the Committee oa Roada of the pre Mat Board. Adopted. Councilman M itiim BKived to take up the following re?olut>on. laid over al tba laal me. I n/ Reaolved? Tliat In aa>ending the charter of tbla city, the fitiloeing princlplee aboald be relaine<l or lacorpo rated, vl?. ? Ural. Tlw earned Board, br whatever aaine cttlel, ? lim it lie more nkmeroua, anl be ele. ted (aa regarda individual) by conaUtutenta different from Aldermen. finnd. All luaaeurea appropriating or involving the eipendlture of money, abould originate In one of the two Board*. nelnelvely. Tllid. li e charter election ahnuU b* eeparated fr> m the gennal i r Mat* ekctlon, aa I bo held la the apring of the year. Councilman Jraaiff* mured to atrik* out after th* word "called, " in lb* flret aer.tann of the raaolutleeo, and Inaeit, "ahall be the aame numerically, and aball he alac'e-l by the aame conaUtuenie. " The aaieadmeut waa loat. Coum llman Oi?*oi *H tbeo more | to atrlke out alto gether tt? 'uilrd pait of th* resolution TVe reai liiiln n, with th* ameadmeat, vat laid on tb* table until Irlday. heaolutlon to regulate the rate of ptaaage on the city railroad", aad reduce It h three ceata Referred To Introduce t roten wa'er Into auch room* la tbt Cltjr Hall aa ate not bow eupplad Adopted. That the Comptroller he directed o?>t to leaae th* pub lie aluriM pt*r? tad el.n* ao'jth of Canal afreet, North liter, or aTafaei ilr?l. m.I liver, ie> any perwa fur ttelr crclualve uae. after the date or the paa?age of tbla rttoluflon Referred. ."eve-rat report* ?< re preaented aad re!>rrel to th* CcBimittee of the whole The llaard then went into Committee of the whol* fur the conrl'leratioB of Mlla on the rakn<f?r, a large anui leer of whlcl. wer* ordered to a third r-adlog oa tUe thing of the I oinnilttee Th* Beard al terwaida adjourned. Kill Utrr ftrm Rrhr?ili*?IMH|* of lltr U|M?larr> (? orirapomtrnca of th* CUrelund I'la d |l*. *r i Oman* Cm, N T. , Jan. lv?. Tli? I^glrlature of Vebraaka ba* n.w baaa t*n d?y? in leoalon, bat M yrt ha* >lnn? bat littlo. Tbia MfeM ??? to be aipacled, *? It ha* had t? orfeaire from flrot principle* ta 1 la I he ?'*???? of all rule* or Ceceilrnt*. or pr*d*rea*?ir* la tb* 6*1 I ?f thair opera id*. I'pon U>* ?lioU, tb* memiera erinra n?ora capo : city for iegialatkn, tbao bafor* ooelng them a**e?blad I j lied auppoaed, ami par b a pa H|NMN id a t<?mrr letter A K'** I many contested iMli hare been di?iioa*1 of, growing out of on* p*rty or Iba other baimi either Imi citixoi of Iowa or Mlroouri, or elected hy < I tlwoi Htatoa, wbo riBr orar into tha T rrttory by mmn and roted? although sot t<? the ritent that lb* m .. . ritai orerran Kanaaa Itule* for Iba gnrernmeat of both branrbra tiara been adapted, romnvtlMi appoint rd, and otbrr piallniinarlea ntreaaary to tb* deapatr-h of lo?m**? Noiirr baa alto boon (Iran ol a d*?i*a to In troduce rarlouf bill*? amongat otbrra, to ' In orp^rata tlia Nrbraaka City Cnllagiat* an ! Preparatory laati I tut*," to i i? mechanic* a lion for won don to Incorporate tb<- llatta Valley Kal'roa i tompaor rirla<!a fr*a negroea fram tli* Trrrltoj; W. ?eiat l eh a Coda of l*ractice, and rarlou* otbar bllla of ailn >r im port a nee' A bill "ill ala<i introdocaM In a few dtr* to ri < h orate a bant You reo wo are Inclin**! to folio* tb* fjutern faahioe*. Tbajclnt Meolutiona of Cm f! fl Robertaoii, a mam tar of the Houae, endor* ng th* principle* of th*K<n raa Nebraska bill, t--aa?*d that la-It with only tlar** diaaeritlog vote*. f think they will paa* tb* I'ouo'-ll uaanimonaly It la c*r1*lalr rery proper that tba brat legialatnre of Nrbraaka ?Hould thua at an early day (Ira tbe aanrtion of Ita approral to tba ureal m?\?iira which brought It Into exlatenre Tba imimrtaDt meaauroof tba ?aaaloa. wltb tba run** lot patriot' at ieeat, la tlia location of the capital. A mom merit 10 relntica to it baa alraady baaa mad- ?al with llt'la airl'amaoV, but a #ood daal of nerva and tvt upon tba part of tba frienda of tbia place. A bill baa Urn peaaed tbr> null tlia lloaaa. la:a'la( tba capital par rnar.rotlr at tbia place It wilt paia tha ?'<iuo>-ll iaa doubted It, and Omaha City will ' r utin ua to b* tba rapl tal of Natraak*. Thai, after all tba no'-a and rawfuaton about tha location of tba capital by Mot < ,m njfa and tba atiaoa wblcli baa baaa haapad npon Mm ia aoaaa ?inaora, tba propla of tb* Territory . thru i(b th?ir r*pre aeaUtlraa, Kara and will fully andoraa li'ai. The *rW Jrraef I.Ujnor Hill. A correapondent of tba Naaart Jfrrcwrp, wr tiaf frwaj Tirntonon tba lath IMt., aaya ? Tbe I'robi iitory bill cama up aa tha ardar la tba Kenate tbia tnorniDg. Tb* lobbiaa were*rt-wdod to oTarlowiDf wltb tba frtenda and opeonenta of tba w?*a aura, and iba (allerlea flfl*d ?ith lad ?? wbo maai'xt- I tba I'.eepeat li.'areat 'n tba irntm* ln(> Tba prior. p? I oppoaitlon to tba bill wai ma<to by HanaUr Honaall of I'uaaai , wto propoex! a coneldwral la number of iaaa-1 aaenta, loading to dlmtatab IU atrto#aory la a Tory oaa Urtal'!*(ra* There ?aa but little apeaking for or a(ala>t tha mraeara. Ha frtrala a ' d*alria( to draw out oppo-ltb a by prowoamg argument* la Ita fan*, ao l Ita or* mi*a aonUnt to let It (?aa to a tb r I r<wl ing without !at*rpo*ln( oVjartUm, Tha prlai-tpal fa. natki I* farar of tb* bill w*ra inada br Me. .r? II .nay, 1 raakllo and l!ow?Il tha former gantletnaa la partirq lar orglag wltb graat earaeataaa* It* paaaofa aa aerra aary t? tla j*a<a aad pr<<apwrity of the --tat* Mr rnallm'irrmrti ralatad priari pally Ui the propriety of lafemng tba law to tha parip e far tba r re art ,,m or approTal. Tba Mil wa* ordara t to a Uii; 1 re* .lag wltb out material aroea 'aaeata f <<u? tieaa fbete *r* vaay friei it ef tb* a?*ai?r* wbo will ron?'d?r tta pa>eage by Iw Manat* a a rawdarwd a* ?ar*?l by ita a*tirm today. Ha little opprei'iaa *u ande, and tbe tlfia'.lag a men 1 m*e la ware rotod 4owa wltb ?o'h prwaiftito 'a aivl aaanlaalty that te tV tn fergrial otawrr ar ao aeaot waaU teem la bo of aoora arobabl* orrarrtace (baa ita triumphant troaoag* ? bea faallr Wowrht ap Hut thoae who bare latlaaaio kaawUga of tfce of tbe Senate an tbia uneation et ten a in aa entlialy diSetent opinion froaa tbia TVe ? f ?? f.etU of the Kioaanre wtthbald opp?eillnn to day aa ? ri attar of ronrUar to It* frt*n4a. and not bwanoae of aay dltpoeitio* to ianr Ita aae*a?t I bare enrefufly aealjtel tba >*? t Iaa eat of u* IVinata, tad I aaa p*f ?aaded that, andor no ?rraia?iai.i-ai <-aa toe Mi be paaaad ia ita pronant aba pa I lira* tod of a?* Itaaeat bgnl laapo'f' 1*? * >1 wgfct. pmlWy. b* hk ? eeaful- but tban wbo bare It In r barge ob,~-t vo aay aherattr^M or aawndmaat*. looking to tbe remoeal A <Hal froturew- aad baaa* tta defeat la rendered merit* tie probably hy tbe ind>*p*alU*o of Ita aea frten 1* 1 1 Kr<* a te watt BMaat togyeotlona of wnprwriwint It will, paobaMy. r**a ap ?? ita Inal pa aoga la norrii* PnaniTtni Hoiririi. mit twm I??tws ? TV* tofol aaw.ter of pnMeata i* tbe h lap I tal daring tba Cat yaar woe 411? tba b*a beat aaaiber at a*/ wo* tiaa lag HI, and tbe Vrwwat r.t) I-ar<ag tbe year r* per mo* were edeaittod. and IW war a IbiMnil or Wl lb?rw are now T& ?*?'?? r cara Of tb* pat wot* da 'barged /?r>eg tba yrar, t* wera cored M war* norb inpmad, H bpfaaid, ll rtatlOMr;, aal M M Tbe what* avntai >a aaaa* treated ia tfce PVsneylenMa Ueepitel (MM* ltd op* alag 1a 1U4 la^'VX ) Thf llUHnlM* CaarrpUM. ntrosu. uitu on tu difinitiom or m DOOM! or TBI IMMAOtXATl 0ONCUTION. ARMANDUS KJUNCM MART, Tlu o?*rt or ood amd or tmk molt na, auuor am TOHOXTO. To all mi Vxmtrv, or tu* Dior**, o?*c* amo Pbaob i? th* Lout I>*Afc BuraitRs? On the Nth of Kecember last, afw rr*,,r' ?' '??ttritlon, of peraovarlag is v'.tlgatioa. and eoaaultatlona ? aftaa having raeatrwd th. z trr- * creature, until the cun.unim.Uoo of ih. . ^ aurronuded by two hundred i.i.i , . ? world, iM of Catholicity, a" t. r T l,h* the moat aolemu circuit. t.nce, fi,? il v< *n Cbrlat upon e.rtb, declared in tha ,,iM1 , ' ^ "m *""" reraal aplrltual authority _ fl""??4a of hU aa. " It la a dogma of falih tbat tae bletaed vie?i. u fiom the fli.t Inataat or her cr.niaathn b*7. I*' P'lrllage and (KM of Uod. In , rtu. ot' Jem. Chrl.t, tba aarlour of mankind, wa? ur.,?T JVriil from all *tam of original aln " 1 T**~ Now, dearly Mwtd, what la Ih* meaning of that U jlDltlc D whieb overjoy* the whole cburcb, anl daaaUiia *1' ' Wb*t our dutiri toward* that definition ? and what miiot la Ita fruit for our aoul. v Ibat definition, de.riy beloved mean* tbat tbo loul a# Mary, to doubt i n account of her having been cb>a?a from all eternity to be the Mother of tba riavlour wk?a crrat*d and unitid toa l>ody la her mothrr, St. Ann waa aienipted, pre.erved from all origiual aln, i ominoa ta ill tLe < hii'lri'D of Adiin Jtn<l Kvi. That definition mean* tbat on that flrat raiment. r" from bon g a child of wrath, haUH b? tba B r'Mtel trinity, belonging to Patau and doomed Ut hell waa, ? theconlrary , aU fair, apotle.* fullnf graoe with tba lord, b leaned among women. tba beloved a0T, ?/ Ood, and already eru.blng tha arrpent'* bead Tbat definition ireana that that moat aingul.r aiamo. tion, pririlege, prerogative, grace conferred oa Maty la virtue of the merlta Corlal, ha. Ix-en rereaMby ! ? ' In tba of dlrlaa rar.latlooa t*}" a. a part of tfae Word of (eai It tta !u,m. naa rnajor ty of tba cbureb, aad U now nro inaed a. M.rh to the faltb of tba world by tba taaobiuv ( burch i of Cbrl.t , agalnat which lie pronileed tlat arroi "ii"' *Jl" **'*? Of bell, ab'iuld never prarall ' t',*t ?'?flnH'on m. ?n- tbat tba laimaeuItU , 1 i J V* ' 0<"" * our faith. Ju.t at and hrr aV. ]!"" ">?*????/. ?'?r parpatual nrglaitr, and hrr aiemptlon from rt mal .in Th>.?a tbraa' Ratlrea of Mary had alway. bw-a ballarad a. re?-?td br f.od, an^ contained In tt. da^.t of dl.lna raralaUon Iho.iKlitbey became d. (mi. of Cathollo faith only after hTL am rn"J'0' "< daftn~l nalr Intbe flfth rentury a(faln#t Na.torlu. her pwrpatujl rlrjlnlty in the fourth, a*alnat JorlnUa aad bar -tea, r^Bt T"" '* " *,l,Mnth' br tl1? CoaacU it 1 her* fore 'o dear now erea mentally tha lumacalata conception, would be tha .am- ?ln of bereay a. to deor thedirlne maternity of Mary, on her p-rpetual rlrrlnltr or her exemption fiom venial am, becauaa it wauld ta to r?f uaa lo brllara a dednitloa of tba church, tha aillar aad the (round of truth, and of eoarta to ln?ur tba aicoiiiMunlcatlon and anathema of a be.thaaaad a pub lican, pronounced by Je.u.Chrl.t hlmaelf a?aiiut whom ????*r b?-arrth not thi? church. Now what are our dutle. toward* the ,|?flnltl"n of tha In maculate conception of the hlea<ed Vlrwm M.rr t Urat du?r_A Arm faith lo It, ber?u??t ha* bean ra. realed b/ Hod the eternal truth, and prnpoaad a* .urh to our br Mt lofalllbU rhurrii V? o I Mary I .ic.l lu""??ul?te fonrapllon afih all my heart with the f.ith with whlcl, I baliara la tbj dlTTna n.aternlty In thy perpetual rliflBlly, anl In thy ai rmptlon from aU renlal aln hecond duty ? A renawad confl 'ence In Mary, who. * I oiy and (i?wer In llearan tnu.t t?a proportlooai to her I'M r<mat|T?? upon aarth Kow, Mary wai at leaat ?-? ? wl* *in "T ln eraatlon of bar ltaiaaeu\,la .piHt .lora the arrhanxel (labrtel bowed to her, aran h? fore bar be n# the mother of the rta, lour, but a. .il. ult Th '"'"S b*r divine Hon for mtaklad, aba left tha angcUeal nature at far behind her a? a mothar U abora a ?arrant, a> tha aacrlH'aof an only aon forothera la a bora aoy other a?rrle?. Tbarafore, let u< waar tha I rJt'Vr "" T,'*1' firuel' 0,1 10 ,h* bo?t,r -f Imaia enlate Tonceptlon, the won ler? af which bare n Had a a tha world, rej eatln# niornln?, erenlnr *?'l often, par tiruU'lyln dantaraadtemidatlon. "O Mary, r-.are **1 iili ?i ? ^ *"*/ "* """ h'T* fwotirae to thee " Iblrl duty ? An increase of veneration and afectioa toward. Mary hrr rlrtuea and privilege, her aiv.taroa ard fe*tir.!?, her deroflocal rri,tl^.,tbe mZ Z * ent of which, within tba raich of all, I, to u^'t. onr ?el"., In the rourae of our dally action. *nd .ulT.rmr. to tba blMeed Virgin Mary to bar thought* b?r ufg. h?. a.' l^u ?"O0,,rr??l'?"'. "> that we a. y Urt an l die aa aba did, for Uod alooe, an! Uearea Aa to the direct fruit to he reaped from tba Innaculat* It. .11 rD 11 'J ?r"*"1'/ ? h?tr?l for .In aad ? l . r ? " . kecauaa Mary wa. V. be the rn ilhar of tba f,od man anl bacauae fr<.m 1 er bl.?d an 1 m Ik wa* I?/?, k ,j V 7 rl,t' 11 "" Ottinir that ber* rate i i ct aatad boly innocent, undeSled. aapa ni t a I u*! * "*"? aB ' ' r than th- Heaven*, laM. mta lraltlmate ttiD*a'iu. nee that our faith la the lu i Conception ahould render all of ua mora *v?r a to ?ia. Iberafora (trrnt , t* more ra.lona for debvar Irf y< ur I. al e* from original aia a* a?K?n a* they ara ?om. Again, p*r<nta lie more watchful far pr* . iw', T I t?la !am?? fr.m tbalr B;?{ lanoca,,^, )lf g ' ?#J lnia.adiata occa on o' *[0 *j h .* ?1.1. */ ? V ^ """" r,r'f" 'about le-p or tha '??lir ' tat" bv*tht^"1< rr""".rl'< ?"'? Increa' ag tha and ' y *be food of 't?he "" U'h union ?lth Jt u< (hrl.t deari/h2TJl!?0|* 10,1 t:. .v. U. >' eflglrat Thlt h, r 'r"""""1?'' ia 'ha 1 }r?v^;r,cr?-r2; -:"" M rr.aci. o?Hala? Uajbt M I m2u>" ^ ' W'' <f ?ar. aad of all call Mij it b* (U 4i*a of as uoiv*r?*l p?un #*?,. .. 'f'trti, "f unun of rK.ri#. # of nir.?Ma? i'ir -F"" ti 2uLV? of.hThK r ma*, every fUn-!.. wuhThe f. '"i ^ afar bare r*e>.araa to 'baa ?' v ' " "? nr rjra ?~l and etati' .. mM, llb " JTJ r.Uny Of th. Ml....,, Vlrwla w,ll u iu * ^ a bened rtlon gU-n .ith th. ??.>??, ri!^ or rtl'J A r M |..f llAIUONSQ. lu.koo T?.r.. 2d fe or nary, 1W* ' P ^ Tof^at? m? li.dtra. * miT?TtOk? Of TWO Mft.fTABT OrriCKV .'ten M/-iaitg Joaratl. Jin II | ?>? I th'.?T ? tralaf ilia alwop ifapawali, Malft, tauV*r, arri?a4 atf'oM Ko/al aftrr kano/ Inn ?? wt for tftr ' - ? ? > ? ta >? attawpt to mill Iwu l'U?u Ib tka aar* mil lb?-tfar* aal I''a of tta ililr-1 W?*t fadia H*t Ht aa tin Mr* Mpr? Tit nuittlxaf *rr'<ln<> 'if Mwt M4 r*l*t*4 b/ Mr K?*tf?ra U ? kliriUinf una, tw I ?? r*frat that a* ara raniflM ta '?a4aaaa II It ??. bl that t'.a Ifcpaaall ??? ?>B|>U/a4 k/ It* |?? NMMt Mlkwtllil ta Mftr I ? lmil'>til?T?<U Ularwl, It kaaf Intaniwl tkat i?ut M|?n ahnaM taka ? nau4 of Ik' Kt^kaaal ti.?ra it Part Maraat, tkr?* af tka - raw .l?*?rla4 ta4 tka raaa?l >k mot *4 ta Ml far? la?flkr.**l ? maar.<- I a !k tka aaatar ao4 m b*7> Ua tka mhi of m IXMaiaia a *rr*ra gala w ?IHtlmal aal tka maaUr an I?4a*a4 ta l*a4, la ?f<t?r ta proaara Um aarrKa* af a at* >k?a ka kaa?, ta aaatat klai la ?t??rta| tha raiial TW ma aaa foaaH, kat tt.a aatkaaltia* r'faaat ka ?IVaa klM ta laara tka Ik<r> II "a hfUi I Itat; ?f ika ??aa?l k? a? aal pW>?*-! bt iha llr'iak foraraa?*it >u awt kaliara* 0* Ui? f??r?f?. tl? ???*?! aaa nfarlal ta ? ao*a<fUr At tl.i '.'at-. a af tka aitVr, lk> t?ooAiwr* ?aal r a ikora, la aalf< ria a'.aa tka/ airt aa afl?a* af raak > ? liaroa? afco taataka4 tka I lint Mfifi rti Imifia af Tarta Ulaiww? m> tka uw<rikn af kka< a*MT. a boa a uitii arai t tba o?'r>r; <?a a( m arill MM It t?aaw tkat a 4?apa''k ? u aval ta tka Ympo rar, lai?rmla( k* lat^arial M?/?at r 'kat tka Qnaaraa* or A?|*r at?a/Wi t of lark* U a?la M a<taail j I* a tat ' a kli rkaraa Hoaarrf lit' ail ?k?a* WrWWa rtw r*>, <tlr*4 aaa BM all*a*4 ta f* ? a l-art tka Wpaaatl ? i ??* -r?at * tka l.a pMal Tka 'la ????*! th?-> | it ta ?aa ?k*a tka mat f?"?tikk* b*'4ibif* aara >a'?*alara4 ????> tka far/ af tka ala aiaatr . tka aftwta af akwk aara MfataM k/ tka M ? u , i ? TV* laa li-wi ka4 ta 4a tMr bait a aal af *? "tnataa man 1*4 a* Ma aa<MM ah?a a .a-' >a* ktf *"V?<' Um/ k*4 ta M< tka aatar >a??* < -a *aotka* a>aa?l'.a tka* aara -mhmIM to laa i at ?* 1 1 ? akaa ta-t - ' ? ? ? ? .aal akara I k> ?'?a?et Mfan firaki H tka kalf af aa aa aal a far iiarU af kaaaa (ar <1. m m4m ta kar* 'aaa h? < irtwai oa kaaH MmHm altar Ua> a| ik.a pf* m tk? a *.tt r tka Ha/Mtll fad* rat kta laakf?/ ka pf im4 ta larki liia^i ia. aaiH I *?? ka I* a t |My >ym laa la tka mtt.r ft* fa.uat i>i*r raalaial (aft fa 't tkat k* aaa <kartar<M k; fn'ftaaal, Mf Aar Na*<t M tatarfar* ia?|i ?* fai n b a ? ?* Ikt *a* tola ta Mttoat kta fwraga Vaa?r4a ka 4mUmMm. ? ? t ataat yrataat to r? tara. aa4 arr1r*4 at fVr? M a* alraat/ ttota I, aa frUar .naUi, akaa Mm h<-V'* aaa 'akaa aa Am k; (<.ta*at P*aa a*4 a*?t kir 41/ atnf far ai> >k tkM la 4/ tka oAaara aa-t kli aa W<aH faaataa I, aa far tka laat ataa <ta;? cl tkatr '?/*fa tka/ kail UlUa a^aatkM^ 1k aat oa UaaH wmkiW*i r^cMltikli tkat tka Mkatoka af tk? Hajt-a tan a ?al la? laaat laV< ' irara**. aiwWatl; araa* froai tka la4<M*tM ato* aaaataaaa af ' aa* f* 1ft rmyi*y a? tkat tat* la -t1m tka fdMl M 'ar a fiMki'i a:tk a Maf* atMk tea kaaaaa (?aaraJ Pihii Haact-rnti nt Iu.faow.~Tka im ? ' /<#????? ratotoa tk> faUavtM aaaarta* at tka riartttM of Tktlav a 'aa kra aaa ^Om aaa 4>' 'Mtlt Hililf 4ka Baakaataal aaaaafka Bukaa

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