Newspaper of The New York Herald, January 30, 1855, Page 3

Newspaper of The New York Herald dated January 30, 1855 Page 3
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_ LEGAL INTELLIGENCE, % laprm* CovMfMnd Term. Mar* Hon. JndgM Mitchell, Morrta, and Clerk?, rai Film T1IN COAL" OOMPAXT. In the matter rf the application of Jenkins 4 Condit for l mandamui again it the Parker Vein Coal Company ? plaintiff* la thla ease are stockholders, and complain bat the defendant* refuse to allow them to traaefer heir share* on the hooka of the com pan/. The/ applied ? the special term of this court for a mandamus to com jel the company to allow the transfer. The motion was lenled, and the plaintiffs appealed to the general term, md Judges Mitchell and Morris hare rendered the fol lowing opinions, affirming the action of the court below, fudge Clarke concure. The opinion of Judge Morris con curs in affirming the order of special term, but differs in ome of the points of Judge MitchelL OPINION OP JUIXJK MITCHKU.. i MrrumcLL J. ? Tne cumplaiunnts show that they own -tock in ihe I'arker Vein Coal Company, and hav Isold hares of it held by them, and bought other shares, and hat the company refuses to allow thein to transfer the ?bares on the hooks of the company. The complainants ipplied at special term for a inaudam<is to compel the :umpany to allow the transfer in both case*. The mo tion wan denied and they appeal. A similar application vas made in Shipley against the Mechanics' Bank, 10 J. t. 484, in the year 1H13, and denied. The court said hat the applicants had aii adequate remedy by an aotion n the case? that it was not a matter of public concern, ind there could be no necessity of possessing the Identical 'roperty, a* in the case of n favorite chattel portium af eclumit, and that by recovorlng the market value of the ?liares they could bo replaced. These are all go?d rea ?ons and equally applicable in this case. The name deci sion was again made in 1843, in the mitter of the Kire nan's Insurance Company against the Commercial Bank >f Albany, 6 Hill, 243, and ou the ground tbat wheu a corporation improperly refuses to transfer Htoca, the party injured has an ample though not a specific remedy by action. When the applicant hit* such remedy, and la a private person, he is left tj that relief, unless ho slaims a ii*ht to exercise an office, perform a public ser rlce or exercise a franchise, or the defendant holds a public othce and neglects to perform a duty prescribed by iaw, and which is imposed for the public benefit, and is lot a mere private right. Of tho last clist was the case of Uie People vii. Steele? -2 Bart. S. C. K. 307. See the re fcarkB of Lord Mansfield, as quoted by Judg* Edmoad* then at p. 417. The caaes of Kortrigbt v*. Hulfalo Com nercial Bank, 20 W. 91, alfd. 22, Wind. 348, and of I ?ollock v*. The National Bank, o Seldeu 274, (how that he remedy by action is effectual and readily obtained, t is said that the action will be ouly a sort of suicide, ta the ahareholder* would be suing themselves. Tne act that the applicants own other stocks cannot be a oundatlon for giving them a remedy refuse 1 to all other lartiea whose stock the company will nut transfer. If, ?* suggested, the company is insolvent, the applicants will be better off in a suit where they recover s amazes tnd hold the judgment as creuitors, than if they compell ed a transfer of the etock, and *o were to be postponed *> all creditors. If the c .mpany is solvent, the damtges hey will rtcover will be a full compensation for all the ajury which they sustain by loss of the stock. There s also another difficulty in this application. The mm lam us partakea of the character of a public writ; one in jrhlch the people are in some ways interested; and it laa never been allowed, except for thu purpose of 'cou rolling thoae who owe a public duty tj the State in ivhlch it issnes. This compauy is iucorporated inMary and, and although it has on office here, and may be uedon ita contracts and obligations to individuals or ither*, yet It doe* not owe allegiance or public duties to his State, or according to the laws of this State, but to he State of Maryland, and according to the laws of hat State. If it violate* its oliarter, the remedy should ke in Maryland and not here. On quo warranto its ohar er could not be taken away here; and while it does not ,*iolate any law of oar htate, the state should not inter fere with it. The order appealed from 1* affirmed with lotta. OPINION OP JUDOB MORRIS. I Facts ? The Parker Vein Coal Company U an Interpo lation of the State of Maryland; {in chartor creates It a lorporation "fur the purpose of working minoa of coal Ind iron, and for Tending the proceed* of the tame," live* It power "to make by* law* an l all luch rule - anil Jegulations at taay be necossary for the proper manage tnt of lta atlairs, provided the tame be not repugnant the laws of the state or of the United St-itim." Tne pital stock of the company in not to exceed ? 1,000,000; be divided into aharea of $100 each; being 30,000 ?bares. The officers of this company have issued IflO.OJO Certificate* of aharea of atock, being 120,000 crrtidcate* >f aharea of atock more than the compaoy by law i* per itted to issue? purporting to represent (12,000, oOJ, ore capital than the company pon-r???a, or can pons'**, i established and limited by ttie law ot incorporation i June, 1864, the company was intolvent, and made an alignment to Koncain and Darrow, of all their property, if every description, for the bennQt of creditors. Tne ^iaintilfs are partners engaged as broken in tne purchase hale of atocka for tnemsxlves, and for account of ?tber peraona. 1'lalntifft have standing In their name, "con the book* of the company, several hundred shams f the capital atock, of which tliey are the Wgal holders ?downers; and they also hold stock certificates in tne ?>,usJ furm, Usued for a l*rg? number of it< shares of apital atock, signed by Its projwr officers, of which 1m> ihev are the l'gal holder* and ownnm. Our >1 the by Law* of the couipiDy required a ix*' or b' oks, to he kept b / the company, ir the transfer of its stock Ihe corporation has a. [incipal office in the city of New York, and kept, and iow li-eps, at that office books for tne transfer of its ock. A*, the late eliction of directors, which waa since ie assignment of June, 1864, the defendants in thla Bausr w?ro elected directors and officers, and now have charge of the books. About the 3d of June last 4) the officers and directors clo-ed their transfer looks, since which they liavo lefused, and still rofuse, permit transfers therein of any of tn**bare*of the .j.ltal stock, it is impossible, f rom an inspection of the r'lfirntes of stock, to designate which are the genuin? id which ar* the over issue certificate*. The plain tills kve applied to the present rfficers acd directors to be CermittH i to transfer stock t> person* to whom th?y lave sold snd have been reius-d access to the books, lamtllfs claim that this^reluaal to jierinit transfers upon lis books ia ot great detriment to tbem an I to their bu Iness, is injurious to the company and its stockholders, d depresses the marset aod intriosia value oi tue >ck; and they ask lor a man lainus, to compel the do idanta to open the trausjer books to the plaintiffs, and alt auch stockholders as may desire to traiHfer stoe*. e plaintiff' Insist that it is not denied that their certi cates are a portion of the .10,000 genuine certificates, d also Rugiest that the 120.000 over issue certiticat"*, irlng becu Issued by offices* of the incorporation, who Reauthorized to ls*ue certificate* of stock, must be lemed genuine certificate*. ortsioir. The object of incorporating stock companies is to aij 3 ate ftoni the many, sufficient capital to conduct a ness, which the fortune of an Individual is not *uf rient to trataact, so tbat the community may be bene tte<l by the active employ inrnt of the capital in busi es* useful to them Inj vlduals ar? ind. ced to inveat heir moneys in thesi> stock companies from the fa :t, hat by law they are not personally responsible (unless [eclared to be so by the charter) for any debt, onliga Ion or trespass of the eorporutira, o I heca-iso all that be stockholder can lose, is I >? anount of money n ? olunta. ilj invests. Th" stockhoiier is also protectol regards the money he invee's, t>y the fact that tne barter of the comjiany limits and ?t aline* the bust les* to be transacted, in kind and extent , does not pur jilt a Majority of stockholders, of directors or "fli crs, 0 exceed fie power given by the sta'ute, or to bind lbs apital of '.lie company by a Hs beyond tho*e expressly ? rmitt.d by the charter. Tne iniivldual stockholder res in t;.e charier and Uws all the powers given to (ockbolders, directors and officer*, an t lor such pur loae* he coofido* the amount he in rests. Courts kaow ug the language of the act of lo -'.rporation, and that Jo act of director* and officer* not author sml by the garter, ran bind the stockholder or h s investm-nts, In ?any instances, direct guardians of infants, and trus Ro? estates of idiots and of th* ln-an? to invest r funds in the stock of incorporated companies, his Mat* certain slocks are dh .* the basis of the rculatlug medium of our banking Instit ition<, am! are, ly tb* bank*, deposited with '.be Comptroller of the late a* sectrlty t? pay the hill hollers ot the bant, hi* wis done because our legislator* bad confidence in ke law* creating tho*e stock, ami b*cau?* they k new list the fraudulent criminal conduct of the officials e-n lowered to lasue such ilm ?, coull not, by fraudulently suing false eertiflcates, invalidate or depre** in value [ie genuine atock issued under such laws. A corporation las no more power than ia conferred upon it by tfieactof ^corporation. Th* officers directors, and stockholders, r an incorporated company cannot, even by an unani lous agreement, made under an honest misapprehension t t hi- r power*, mere*? th* capital of the company, or Ive to the rorporatlon any Increased power beyond that bicb ha* been conferred npon it ov the law of the ogialature If the officer* tad director* of an ineor uration, with *ven the unanimoo* ronaent of (be itock oider* alo.uld, without legmlativo sanction, increase ie capital of the company, "r i-? ie ontifiuaMe of sto k >*ood the amount of capital, or assume to ex-rci? ther power* not given to the corp ration by th* L?*'*. iture. such unauthorwed acts I be i i cause to inoel it* ciarter. (Jan i\ then, te eon tendel than ?o {Beer of I be company, bra secret and fraudulent art, ?n make an act legal aod bin-'. ok which th- un.mim >us Etifin of the whole corporate bvsly coull not do ' Can ? Courts whose duty it Is to a islam the law in its iute^ ty to punisli fraud and cr me dr-lare that auch ?udu'ent *ct of tha officer I* legal an I binding * Can iljodge tbat tb* corporation La* a capital of (In, 000, 000 bea the l.*<islatur*, by Its charter, said It should not lava to exceed tS.OOO.WMi Can decide that tb* laoor iiraiion have shares ot stock of *100 each, h?a the lycglhUture have declare ) r.y the charter that ball only have ' shares of > 100 each ' I think l. If such be the law making *tr*".t of fraudulent sntartioe* of at. officer of a stock company, then a Uinllinj ha* more law making power, >:t?rci*?d T the rommUsion of a crime, than has the legislature the tale foi hi* cr minal act deetroya th* restrtc |ve law of tt* Legi'latire, sn>i creates wher e legislature said th*re should be no exlstem*. t* a'.?o claimed that the court must declare est falae and fraudulent certificates to be genuine, aa itween the bolder* of them and the (torkliol lei* ?,f the ?npany. because tbe atockhol lers electel the director* id appointed the officer*, gave tham credit In tne coin nnitv, and that tbe community could not te 1 whether e official waa acting illegally or not and that a* th* licer was tbe agent of the * toe's holder* th*y are i> ma -I We for liia acta, because he waa authorize.) by j?m to issee *toek. Hncb prtnrlpl* would anttraly da roy th* bn-in>'*? of thl- cunmer -ial community, where 1 neeeasity hu*ii>e** must be transacted by agent*. Aa ent can oaly bind hi* prlocipnl when he acta within the wer de?g*'.ed to him. There may be In the transaction* indlvdii*!* a questioa as to the extent of the power de bated, because Individual* may bind themselves to any R uniary amount, nnd in tbe trawacion* of Indlvidoau oduct mi> be anch as to confer greater power upon ? Mnt tban the principal intended . bat when tbe e? ntaf tbe power delegated ia eetabbefeed, no act of tb* Kent beyond that power can Mad tb* principal. A nor ?T ttlwn beinc limited I* It* powwrw be law, eawm-t gmrwai w Sj mpt'es' wn *i*fc-?4re ne*? nit permitted hy ita ahartor. Therefore there la no difficulty in determialng the limit of the power it delegntee. Aa individual (A) glree a written power of attorney to B (hi* agent) to exeeute for him, and in hia nam*, three notea, of ene thouaand doUara each. After the aceat haa executql the three notea he exhlblta the power of attor ney, anppreeaaa the fact that the power defecated haa been exbanited, continue! to liaue ? 1,000 notea, anl succeed* in getting off one hundred audi notea. The notea, after the Irit three, are void aa regarda the principal, no matter how much innocent perron ? may have been injured. They dealt with an agent at their peril, and it waa their duty at the time they took the note to ree that the agent then had the power to aire it ? that he had not exhauated the power which had been conferred upon him. The law creating the Parker Vein Coal Company contain* all the power and authority that can be exercised by stockholders, di rector* or officer*, and it may be deemed their written power of attorney. Such charter ii the law of the land, and all persons are bound to know it ; ignorance of the law ia no excuse even for crime; and all persons are bound to knot that the company bad onlv $3,000,000 of oap'tal stock. and that her officer* could Issue only thirty thousand shares of $100 each, and when they purchased it lock the; did ho at their peril, and ahould have atcertaiuod whether he had exhausted hi* power. It may be that the $3,000,000 atock of thi* company, or much of it, i* held by original aubHcriberi, who paid par value Tor it, a* an investment, for the boneat purpose of having the minea worked for the benefit of the community, relying upon the income from the business to compensate them for theirlnvest n out and it may tie that the fund* of infant*, lunatic and the inaane are thus invested. Wouli it be just to compel persona who have tbu* invested $3,000,000 to divide thiit sum among the person* who hold the apuri oua stock, to the osteoaible amount of $12,000,000, when there la no probability they have paid any auch amount for it y If the person* who hold thia spurious atock were really ignorant of the fraud that was being perpetrated, they have their remedy ngalnitthe person* who defraud ed them; in which case they would not rerover the faoe of the false certificate, but only the amount they gave for it. The one hundred and twenty thousand false certi ficates, purporting to reprcaent $12.000, 000, cannot be enforced apainst the company. Certificate* of atock are evidence of the ownership of atock; they are witnesses to firove the amouot of itock issued, ami tow bom it be ong*. Should the book* bo opened for tbu tranifar of s'ock, these one hundred and twenty thouaand fraudu lent certificates ? false witnesses? could be indiscriml nately, with the thirty thousand genuine certi fie ites. transferred upon tho books of the company, and woald ureatly confuee the evidence in relation to both aeta of certificate*, and cause it to be more difficult to trace the falae certificate*, and to discriminate between the genu ine and the spurioua, and would entblo holders of the falae eertlficate* wiih greater facility to put them in circulation, and deceive the ignorant and confiding. The evidence of these respective claims should be left as it now atanda. Parties ahould not receive aid from the court* in the manufacture of evidence to aaaist them in the lnveatig*tlon that must follow; neither should the public be further exposed to pecuniary Injury from tran*fer* ef these fraudulent certificates. Order of special term ahould be affirmed, and mandamus de nled, with coats Supreme Court. THE IMrini CITY BANK CABB? MOTION FOR A RE CIIVBK ORANTKD. DICSIOM BT HOW. JL'DOK ROOSMVKLT. HJan. 20. ? In the Matter of the Empire City Bank ? My the 8th article of the preieot constitution of the State, which went into operation on the 1st of January, 1847, it waa provided, among other things? and the pro ?iaion chow* the prevailing grievance of the time*? that the stockholder* in every corporation and joint atock as sociation for backing purpoaea, Issuing bank note* or any kind of paper credits to circulate as money, should be individually responsible to the amount of their re* spectlve shares of stock for all it debt* and liabilities and that no suspension of specie payment* "by any per' son, association or corporation issuing bank notes of any description," should thereafter, directly or indirectly, b> sanctioned by law. On the 6th of April, 1849? to give full effect to the constitutional injunction, and to en foice the responsibility thus declared, and "to provide* (as cxprtssed in thetitU) for the prompt payment of demand* against such corporations and associations"? the legislature passed an act under which tho presont proceeding has been instituted. And to prevent, as it would seem, all possible question or evasion, the act, in a series of thirty-two elaborately drawn section*, not only prescribed the manner In which "such responsibility mould b? enforced," but expressly declared that it should be enforcoit ' in no other manner." Oat of these seclionN allows a judgment on any uebt exceeding one hundred dollars *K*inHt t tie corporation or association, in twenty days alter suit brought, unless the Judge, ou a sworn statement of iacts, si. nil certify that tliere is a good defence Another directs that upon satisfactory proof to a Judge of the Hupreme Court, taat an execution actually issued, though noi relumed, csnnot bo col lected, "he ahull at once make an order declaring thn insolvency ol such corporation or association." And, ev*n without llrat resorting to the ordi nary method of judgment and execution an opt ration, however, u Us * been stated, of only twenty days ? the creditors in ten days, after mere "re fusal of payment," may apply lor an order, under which, upon a hearing of tbo parties on "short notice," if tb? Judge c? teriuine that the corporation or association Is "not clearly solvent," tie -null inakea fultner order de daring it "insolvent," rrstiainlng any farther sterols of its corporate or legal rights, enjoining its us tots, and "immediately" appointing a receiver. Is the KmpireCity Bank then, under the evidence before me, 'cl arly sol vent?' 1 he existing officers, chosen only a month or two sto, kn-iw out little of its allairs. 1'he President, indeed, from his o/n ueclar&tiou, inav almost be literally laid to snow nothing Both, however, notwithstanding their ahvrt and limited acquaintance with the institu tion, appear, Iroin the Ii.t.s twlore me, to liave partici pated in ita "accommodations" to the extent of a few thousand*, lint the late ctstfer, who, it is <aid, knew the Institution well, and had also a *bu re of ita favors, although summoued, lias not atteuded, to ahed light on tbe more cloudy, If not more obscure, portions of its his tory. He has not deemed it necessary ? perhaps noteasy ? even to defend himself, and that against a caarge, among other misfeaaances appearing on the lace of trie books, of having i?rmitted one director to loan or appro prlute to hansel! more than hall the capital, and two or tbiee others a large portion of the residue. Enough, however, appears, notwithstanding thn much to be re gretted absence of the late cashier, to enable the Court, as it teems to ms, very promptly, to determine that the bank 1* "not clearly solvent." First, (and that is a lesding indication,) it has suspended payment. Hecond, be tore tbe suspension so unavailable were its assets, and so pressing tbe demands upon toein, that, although au thorized itaelf only to loan at seven per cent per annum, | it was borrowing frequently and in large amounts, in the ?ifgregate more than 970, uuO, at tbe rate. In some in stances, of Ave per cent per month. Tnird, although a banking institution and bound to the most exact punctu j n'lty, it ref used to pay its undisputed debts for ten, and even for twenty days and upwards after demand. Fourth, it suflered judgments sgainat it to be recovered, ana eiecutions up?in them to be issuwl, and to remain, and to he returned, unsatisfied, either in whole or In part Fifth, it allowed an injunction again. t its business to be issued, and when that, on a compromise with the creditor, was withdrawn or dis solved, or supposed to be, immediately executed (with out security.) to three individual", two of the to, if not all, debtors to the instittition, and selected by directors occupying tbe same position su absolute assignment of all its property and effects, to tbe nominal amount of nearly half a million, to pay ita creditors. To say that such an institutii'o, of whose history the above is an epitome, whatever may be the numerical proportion between its notional assets and It* real liabilities, is "clearly aolvett," ami that the Judge should officially determine it to 'eso. involves a proposition utterly at variance with the common use of Lanruage and with tbe whole spirit of the particular net. whose nrjvlsious we are called upsiu to interpret, and especially with that pioviaion which make* an unsatialled oxectnion in surb caees conclusive evidence of insolrency, and the only nereasary basis tor a judicial declaration to that elfe-v, Whatever may be tbe m>-aning of tbe term "Insolvency " in other conr ectiou* and in other statutes, it* meaning In the ciatute before us can admit of no dispute, and that meaning, it is obvious, Is nothing more nor less than inability or unwillingneaa to pay promptly a a in dicated by actual non-payment, persisted in or con tinned for ten days after demand, or for any time after execution. Ttis'vlew, it wiU be obaerved, dsposes of ' tbe recital of solvency in tbe assignment. It may be that that tbe assets. if nursed by friendly ban Is, will ulti - irately, after tbe usual delay* and indulgence, yield enough, as tbat instrument professes to contemplate to pay all tbe cr< ditors in full, beside* a surplus for the benefit of tbe stockholders. But tbe very execution of tbe instrument, under tbe circumstances, is ao admit - s on of present inability, and of the insufficiency of the assets, if ailoweii to be disposed of in tbe regular course, to meet the <emindt upon them, or else it is an admia sioa fatal to the legality of tbe instrument tbat it waa made "for tbe use and beneflt of the debtor, and to de lay and hinder tbe creditor.1' Assignments made for such purposes even by solvent debtors, are void by tbe statute of frauds, and still more ao, if made by embarrassed hanking ioatitutions. are they void by tbe statute of 1M4#, If allowed to stand, woen made by each institution* in contemplation of bank ruptry, thiy would nullify In effect tbe whole acope of tbe act. They would, in such case, operate not as a fraud merely on the creditors, but a* a fraud on tbe law, superseding in practice every part of tbe plan so e'aboiat> ly Revised by ties legislature for carrying out its constitutional duties; for it wtll be recollected tbat even the individual responsibility of the sVi'khol lev* can be enforced " in w other manner ' than tbat pra se riled by the act; to that, unless the original assets of tbe bank are administeied and eibauste 1 by a receiver appointed under its provisions, there can be no reeort, in case of deficiency, to thn supplementary liability of the stockholders And it may be? for charity iloes not forbid the supposition? that to wwape *u:b liability was oi?e *f the ind icecx-nts to the execution of the assign ?uent. It I* a reoeh er and a receiver only, that is to convert the assets of tbe association into cash. " with the least possible delay. ' and wlth.n ninety .tay> from hla appointment to declare a di> .d?nd And it la only af ter surb dividend? or ratlier within thirty daya aft r its being declared? ? fiat the Judge can refer it to a referee, on notie* to all persons concerned, to ap|iortion tbe cImidu remaining unsatisfied among ti>e Individual stockholders, and to report tbe proper judgment Ui be rendered agaioat them and an " nrder conA/mm/ such report" la tbe only judgment against the Individual stockholders tbst can he rendered, and the mode pm sertied far en'srie* and executing It tbe only ' manner in which the mnetituttanal liability jnpeesi upon such ?torkbolder* can be enforced How. the*, ran an as signment defeating all tbeee objects, both legislative and constitutional retaining inefcrt after refusal of pay men v. tbe whole control ia tbe hands of the s - -k bolder debtors, and shielding them fro* the claims of their cre ditor*. he permitted u< stand or at aoy rate to stand In tbe way of the prescribed .ei of tse eourt* My duty It aeewis to see, w be' Her dies /-eeobU er other tr'sg is peefe^'ty r ?*? -le <e. th's Ssnl, la ?Se mum of the iWiti of 184S, MnaLud to appoint i receiver of it* property ani effects. The United State# Trust Company, and as vera! highly respectable indi viduals, hare Wen nominated to discharge ths trust. A* no Mfi pstssnsl obligation can bs equal to the mortgages and public stock* to tho amount at una mil lion of dollars pledged a* security by tho Trait Compa ny, and aa that Institution ha* beta created by law among other objects for the express purpose of mooting ?ucb requirements, I can feel no hesitation in making a ' selection between tbo nominees. Private preference* in this, as in moot other judicial acts, must yield to public . considerations. No man, and tho counsel of uo man, ' has a right to oomplain that ha or his particular friend is not appointed a receiver, especially where the aeseta, as i in these bank cases, to be entrusted to his responsibility, are counted, not by tens, but by hundred* of thousands. ! There are absent parties interested as well aa those who are preaent? minors, too, as welt as adulta, and thoao ' who rely, and have a right to rely, exclualrely and 1 without professional intervention, on the care and 1 vigilance and unbiased judgment of tbo court. I make 1 these remarks not so much with reference to anything that has occurred in immediate proceedings, a:< with reference to some incidents In ths action of a kin dred Institution lately before me. In that cam the in dividual bond ol the applicant, fortified by three sureties In the penalty ot $60,000, wan tendered in conception With the request of several creditors and stockholders, aa anall'Sulllcleutand undeniable basin for tha appoint ment; and no other creditor* or ktocliholiers, it wss said, objected to the nominstion. But no public notice 1 hail b<en given, and, for aught Ltiiat appears, a large i number of persons entitled to be heard, or at least ti be | considered, had no knowledge of the proceeding. This ' bend was accompanied by the affidavits not o( the prin cipal, but of the three sureties, declaring themselves to | be worth, one $50,000, and the others each $J6,00u, over and above all debts and liabilities. One I of the two laat, however, whoso nam* was before me in a list of the assets of another banUrupt institution, ap Cared to be a defaulter In the shape of overdrafts to | e amount of from one to two hundred thousand do)- : lars. And the gentleman subsequently proposed as a substitute in his pla ie, although Justifying in the sum of $50,000 in real and leasehold estate, added by impll cation that the property was subject to " incumbrances thereon," and that this, in his opinion, was ita value "over and abovs" them. It was suggested, in* answer to these objections, that a clause shout! be inserted in the order, drecting the receiver from time to time, to deposit all sums of $t,000 and upwards in the Trust Company. Out what additional safeguard is there In such a provielon f Does not av?ry order appointing a receiver, contain by implication if not etpressly, a di rection that all the funds when collected shall be kept in some safe depository 1 The law in requiring, as it does, proper ?' security' from a receiver in these cases, assumes that although directed he may not do his duty, and it ia only in auch a contingency that security Is of any importance. And it dispxnses with this pre requl site, in tlie case of the appointment of the Trust Com pany, only because "its whole cspital stock, property and effects, aro by law made absolutely liable for such 1 deposits, in preference" to all other liabilities. A like 1 order must, therefore, be entered in this case (to b?i drswn up and submttted for settlement) as in that of 1 the Knickerbocker and .Suffolk banks. | Superior Court? In Chamber*. Before Chief Justice Oakley. MOTION TO DIKCBABOK ORDER KOR AKRKMT. | Jan. 2?.? K. T. Holmrt vi. C. Judton ? The defenlait in thta case wan in 1H63 in treaty with thi< Srm of Deller A Co., to furnish a hotel, subsequently called the Brevoort House, with china and glassware, and flam fixture#, and it Is alleged In the affidavit of Mr. 'ailsy that the defendant induced Mr Dailey to supply I the article* on the representation* that he wan worth firm $30,000 to $40,000 over and above all hi* debt*; ! he also atated that he wan owner of one-half the City Hotel, In Hartford, Conn , and whi worth SI 4, 000, and owned ether property. The article! supplied to the de i fendant by Mr. bailey amounted to $\6t>0. In Fehru ' ary, 1864. the defendant Hold out hid interest In the Jud *on Hotel for $45,OtiO, and hai nine* formed a oo part nership with Hiram Cranston, whereby he obtained an 1 interest In the New York Hotel. The good* in <|ue*tion were not delivered at thi* time, and Mr. Dalley called on Mr. Judion, who told him that he had disponed of hta interest in Judaon'* Hotel, by which he had made 130,000 more than he exjiected, . and bad thereby become worth from aixty to *eventy thouaand dollar* Mr. I)ailey thereupon delivered the ! good ?, for wbicb delendant gnre bim note* of the firm at four and eight month*, and upon which there i* a . balance of $219 due, and which he hai failed to pay; and Mr. Dalley aaaigned liii claim to the present plain tiff. Upon affidavit of these facta, an order for arrest wan granted. Mr. D. I). Held appeared for the defendant, to mora | for an order to discharge from arrest. Mr. 1). Iyird, Jr. appear* d for the plaiutilf, against the order to dis charge. The affidavit of the delendant denies the allega tion that he iepre?ented hirnoeif to worth the mm* specified by the affidavit of Mr Dailey, and denies all intention of fraud. Mr. Jud*on also state* that tince December, 1863, he ha* paid out, among other sun>?, $40,000 for the purchase of the New York Hotel, and : that hi* account* with that hotel a 'id C'ranatoii are about balanced; the amount of the charge* againat bim being $&2&,18076; the amount of eredlte ic hi* faror being $617, Ml Hi'., and the half of the profit* with which I e should be credited, about $17,000. that ha ha* ala > paid to Frederick (take*, upon an awar<t ol arbitrator*, $16, - 000, ?>oet of which he expected 1o ?ettla with property, *in< ?? become if no vain*, and which mane* a difl?r<<ui:e in hi? estimate of $3,600 again?t him That he ha* also Cld for Central Bank stock, $17,2*0, en which ha had it about $6,800; that he has pai l I'. H Jaini* for de fendanta, and upon loan, between $16,000 and $ 1 '1 000, on which he ha* lo*t about $12,000, and ha* paid for rent and repair* of the Brevoort liuu-e al>out $10, OK), which ba consider* a total lo*<; he hi* paid out $7 ,<K ?? for Interest, and about $3,000 for family ex peri*e*; h? lia* loat by had detita, $7,600, and $'>,000 upon n rtaple. "Hie defendant, under these "circumstances, fallen, and *topi>ed payment on the 6th Decern ler last, Mine which time hi* affair* had ijone to complete ruin. Mr. f ield contended that these unfortunate transac tiona did not cast cenaure upon Mr. Judaon. and if he had purchased *tock and other property which had deteriorated in value. It wa* hi* mi ?fortune, ? ni not hi* fault. For in?tance, be (Mr, Field) had purchased $2*1,000 worth of Crystal I'elare stock , the proceed* of which ha Intended to appropriate to other payment* V hat ar* they wnrtii now r (Laughter ) Am I answer able for their worthle**ue**> Yet the c.oun?el fi r the plaintiff in*iats that Mr. Judson i* to Ruffer for the de preciation in tr.e value of hi* property. It i* ridlculoua. Mr. D. Lord? It wa* rldieuioa* for yoa to bjy the Crys'al I'alace stock. (Coatinued laughter, in <vhi;"i the rigid Chief Justice mo*t heartily joined ) Mr. Kiehl went on to contend that Cie defendant was entitled to hi* discharge fr< m arrest. The Court took the paper*, and reserved it* decision. Supreme Court? (Irr nit. Belorn Hon Judge Mitchell. ACTION AOAIN.-T COMMON OAKRIKR.S. Jam. 'JU ? flic hunt if Miller n. K'lranl It. Liver nnrr and nlhrrt. ? Thi* wa* an action brought by tha plaintiff* against the defendant*, or their agent*, who are s**ociatad under the atyle of Uickport Canal line of boat*, a* common carrier ?, to recover the gam of < $1: H OA, for damage* to a bex of jewelry (hipped on board the defendant*' line. The plain tiff* allege in tbelr ci ruplaint that on the 20th June, 1N53, they canned t> be delivered to the defeadaat* a box of jewelry, con sisting of eardropa. (Infer ring*, watch chain*, Ac., to be transported from Buffalo to thi* city, and that said box of jewelry, through the carelessness and n?gligea -e of the defendant*, was greatly injured an I damaged. The itefendanta, in their answer, deny that they were guilty of any carlessneas or negligence, and that the box of jewelry wa* greatly damaged, hat that the injury happened before the delivery to them, an I wa* occa sioned by improper packing. The jury found a verdict fi r the plaintiffs for 61R3 60, and the court granted an allowance of ten per cent. I' lilted Hta tee Olatiiet Attar ley's Office. THK A LI. BO XI) CASK OP H.ATK TKAPPIC. J.??. V.I- ? The investigation into the charge again *t Cap?. Filettl. of the scaooner Advance, f?r being en gaged In the slave trade on the coast of A'rica in the year D>.\2, was postponed. The District Attorney ton write.! to ('apt FUetti being admitted to bail in the eum of $6,000, in consequence of the conflicting nature of the testimony, some of the witnesses In the ca*e b'lng doubtful of his identity, and otbe-e atating that the ac cused waa m * different part o( the world at the time of the alleged slave traffic. Till Canal Kiotirm^-Od Hafn-ilay morning, tie men a neated for riot, and preventing laborer* pur* suing the.r work on tha enlarged canal, west of the city, were brought up for examination. After heariog the testimony, twelve of the twenty-ceven were hetJ for trial, aad in default of bail were sent to )all. Their names are Patrick Clancy, Andrew Doyle, Thomas f'alli gan, Patrick O'Brien. Jere Murphy, James Kelley, Pat rick MeMahnn, Patrick Bropby, James Itogaa. Tkawi Mnrpby, James Harrison, and John Barnee. like re*t, 1 whe were not Identified as arnoog those taking part in the unlawful proceed laga, w?re >lieeharg?d, after reeeiv tag a ?bort lecture on the aalawfuta?*s of interfering with men who were disposed to work. They were toll that it is their right to r-faae to work for the wages of fered. if they thought tbem insufficient, but wh-n?ver tbey attempted to Interfere with others who accepted employment, and drove them from their work, they were committing an offence agair*t the lew*, which would he severely pnnlshe.!. How of those committed for trial appeared subdoed by the rigorous measure* adopted , but a lew were *?ill stubborn _and sullen One of them, a young fellow, had an appearance of InteUigen' e aad gf> l temper, which waa scarcely to be expected in a |*r na placed under these clreumatancea ? k'*kri<rr Ihrnnrr^l Jan 20 Thi Wrkcirb Panhknorrr or titi pRorin.Lgit VMMHM ? It will he remembered that th* pro peiler Westmoreland waa lest in tha early part of thi* winter on lake Micli gan The captain and two ladiea were le(t on the beach, where th*? landed from the hosts, the rest of th* party having gene, a pari of them to youth Maaltou. and the others to Waaiatoe, aad thence to Racine. After waa ng for two or thr'e days for the return of the party wlm t ad gone to Man tou the cap tan eeemtad the two ladies to a point fifteen* north of Piatt River, where the wreeked Barmen came ashore, and left them for th* winter with a man aimed Fi?h*r, who la there building a wood dash. Then taking their words of tidiag* to their friend* and biddlrg th?m fare ? ell the captain star'e-l on h'* f<>rl' rn rrney toeards civilisation. Tha rea.1 waa Inng, and the prospect gloomy, hut with the hope and eoerey of a true Yankee tar. he proceeded Travelling by day and see* or by night euch shelter as tha woods afforded, he pursued his lonely conrse for an days sad Bights At the e->d of thai time his eras were greeted with tha new of )? jill lags at l<raad Itavea. and there, tired, huagry but et 11 "P"!." he ohta?ned food aad rws' He arrire.1 a' Buf fsto an tha 1. th Inst. Tha ladies, whoee assiai are C ary aad Taylor, are hath unmarried and their prwpert for rea.a.niag aamtrvied till spring is ge?l (>ae of ?hem belaage la Hoetoa aad las ether la thi* eft T H?en the epr ag Uswe them out their friends will he f skw* to e.iet them s'ter the-r hardehipa a?4 ewapee i ? f J<gm VT, Th* VbK I BHiwWw in Uu United RalM. TO TBB KDfTOB OF TBI COULD. A eorre*poodent, in (Mug the biography of tt? " Mc Neill," the " ploaaer locomotive of (fee United HUUi," say* la Oil Haiut of this morning that aha ?u origi nally pnrchaaa d ia Uvarpaol, by Mm an. Roger*, Ketch um k Croavenor, for a muiel, and that ah* afterward, raa b?t?Ma Patarann an] Jitmjt City la 1H28. If the first suc*e**ful locomotive, eix., Stephenson'* " Rocket," won the ?6(0 prize on th* Liverpool and Manchester railroad in October, 18U8, and if no llue boiler locomo tive* (of which class the " Rocket" win the prototype) ever eucceeafuUy, or, ptrbapa, at all, ran in the United State# till after the teat of the "Rocket," then the "McNeill" cannot be u antiquated aa your correspon dent might auppote. Besides, in tbe Atb* nauin at Hart ford there!* a picture r*prei>*nting "tbe tlrat train of car* that ever ran In thn lolled Staler, Mohawk and Hudson railroad, lCSt.'' Similar p onner locomotive* diil not probably operate nn th" three aforesaid railroad* In the name year. When did the Grat locomotive appear In the United fct ate* f A. L HOIAtY. General Comb*' 8peeeh> TO TUB EDITOR OF Til K UKBALD. Nkw Yuhk, Jan. 28, 185V Sin ? I am much obliged to you for glnnx a place to my speech to tbe old aoldlera. It i* printed with gre*t accuracy, with two or three escptions:? 1st. Wayne'* victory va* iu I Tw4 not " 1779." 'M. We won fifteen day* wit lout bread or flour in itead of " five." od. The battle* an ' iaas?acre on the 22d and 23d of January, 18111 were at Kaialn, uot " Ro-iter '' My name is not correctly apelt. Respectfully, jour obedient ee rant. UC COMBS. Bread for the I'oor. The Trea*urer of Ibe Executive Committee of the Fire Folate Mission (site of the Old Brewery) acnnowledf?s the receipt of tbe lolloping ? |A0 2S from tbe noo-cotn missioned officer*, enlisled tuou am! musicians NUtion<"l at Fort Columbus, Governor'* Island, to the Executive Committee of the Five 1'ointa Mioion. for tin relief of the New York poor. J. L COllMCLI., Treasurer. Nkw Yohk, Jan. W, lf&&. 141 Centra street. Theatres and KalilMtloua. RHOxnWAT 'Ihkatrk. ? Htlll tbe grand operatic specta cle of "Cinderella" is drawing large houses. It l* an nounced again for thia evning, wlta the amusing farce of the "Omnibus " Mia>. L I'yii*'* ren taring of the new aria, "The Skylarx," is in itaelf worth tbe piico of admission. We hope soon to hear her In a round of those favorite operaa In whii h she gained the esteem of the New York niuaiial publin. Bowkhy Tiikatkk ? Mr. 0 C. Charles, the Irish come dian, and Misa M. A. Char.**, the American ooinolieuue, were very succe?nful Uat evening. They art- announced to appear to night, In the drama of ' Shandy Maguire" ant the laughable extravagauxa of "Our Hal." Th* amusements will cloa- with the farce of 'The Limerick Hoy" ? Mr. Charlea a* I'addy Miles. Professor M' Far laud will a*c?nd from stage to gallery ou u aiugle wire. Bckton'h Tuicathk ?The great auccess of the new American comedy, called "Our Set, or th-' Vacant Con sulahtp," Induce* the management to continue its repre sentation ? Meaers llurton, Jordan Marcbaut, Mrs. Hughe* and Miss Raymond In th* principal cht rasters. Tbe capital drsmu of "Woman's life in Tlirao Era* ? Maid, Wife ar.d Mother," wilt terminate the amuse, ments. Burton, Johniton, Jordan and Mi** Raymond will appear. WxtXACK'H TlHUT**.? Th* second representation of Morton's fine comedy of "Town and Cmntry," Mr. lister as Reuben Olenroy, Blake as Cosev, Brougham aa Trot, Bland as Capt. Glonroy, Miaa Rosa Bennett aa Rosalia mers, and Mrs. Hoe* , as Hon Mr*. Ulenroy. bb*n Jan's comedy of the ' Critic," will conclude th* amuaements. I>erter, Briugham and Mrs. Stevens In the principal characters. Amkrivsm Mcnca.- The afternoon performance con *l*t of the melodrama of "The Evil Eye," and the amus ing piece called "Quite at Home." In the eveain/, t-hak?]*are'a tragedy of "Mac'ie'h," with Mr. J. R. Scott a* Macbeth, C. W. Clarke aa Macdutf, Hadaway as tbe Flrat Witch, and Miss Meatayer aa the First Singing Witch. Cikctk? MrrRopoiJTAN Thkxtkb.? Sand* and Nathans' double company of e<|uestriana appear to-night In a great variety of pleasing teats in the ring. Wooi>'h Mi.mthki* announce n'*ro rnelolles, solos instrumental, dancing, and the burle<<jtae called "Robert Make Airs." Bi f'KiJET'H Smmwamm.? Tbla company continue to give their burlesque operaa with griat (ueces*. They give a rich entertainment to nght. Jlorx L'iupi.l. ? I'oualdtnn'aF.l hi ipiau opera troupe are giving very smutlng negro entertaini&enta every avenlng at Hope Chapel. Thr Turf. NKW OKlJtAKH HACKH. Mrraian Coca**, Jan 1H. ? The mc* waa for a purer of t75, mil* heata. II In S, to go ?? tliev pleaaa, hot won It. Welding, LbicagoCblaf, in. flirt, for hortaa that had ni-ver trotted lu 2 M) In public. It Wel ting, however, ttkn ruW-d nut, ir it waa abown that he had gone Inakia I of the preaciib d time. John Cudnt) tCWUaUuw'*) k. in. Flirt 1 1 1 K K. lionhaui'e a g. Chicago Cttief dla. K. H. Killing'* b. g l/r. W< Idinr rM out. Tin* ? "69 At tbe conrlualon of thin raee, 'he friends of l)r. Weld ing proposed to go the mare a race of m Is t-eala, 8 in 9, a* thry pleaMMl, for 9HH), which wua a<-cop.rJ by the> of the mare, and r-ault?d a? follow* ? tharlea '"bear'* b. m. Flirt 1 ? 12 1 E. S. Killing's h. g. Or. Welding .3 1 3 1 'i Ilmi- 2:5ft;;? 2 HO? 2 SI? 2: O? 3 47 , January 20. ? l'ur?e $7f>, free for all puo?ra, to go a* Miey i lean* ? mil* hi ate, brat .'I lo ft l*Dt. Hmnner'a b. g. <leo. Klrtrher I I 1 1 O W. IHmirk'a b m. I-ady liter .....a a 2 j 8 > . Kjce a r. g. i*n Rtcr 2 8 3 Time ? 'j a*? a n v January 21.? puree 1100, free for all |?t -era and trot i ter? ? pacrri in barneaa ? trotter* in aaddlr ? mile baata, brat 3 in ft. K K. I'lw'i Hllnr Till ...1 1 1 W. N. Ilcdger'a Tacumaeb 2 a 2 K. K Mwl Frank I'lem- 8 3 3 I C h 1. 1. Ilauasir'* Andrew J. Pol* drawn. | Time? 8:8.11,? '.\i3? 3 il K. ThkGalhat Kocxi.and, Maine ? Th- (lizrttr e-tirnatea tin- loaa by the g*)r and high tide at )lO'?-4l*nl on the M'th at 13b, iDO. Tin* damage to tlia fnur lima ahtda, whnrve. , ar. l kilna, Ju>* to the wa?t of the rail way, and owned by l?. C. Hankall, W C AT. H. Mrlntoah, M. i . Thurlo, and ft Morrill, In *et ilown at f| ft'.O. Tb?ir 1 wbarvr* were jartly carrlrd away and the lima aheda romtiletfly c'amolithed. The wharf of Meaarf. Farwell A 1 Crockett oa < rocVett'a Point, ?ra? aaaplaway. and their llir.r ah'da in good part deinolUkel, ao t Sat ttjair loaa la a I, out $3,000 tiecrg" S Wiggin aaataiued by loaa of ! lltne aid imury to hi? lime ?bad, n -ar tha uteamSoat vbarf, a r'amaga of about II 000, and the ataambjat 1 wha'f it?elf ?nd othar properly owne 1 by th? company wia injured to about ao ?'pal amount. K A Mana fleld'a U)>a on wharf, IIk* ahe<la coal, he , la given ta 91. .W. I he Mar ne Kailway Company anataina a loaa of 9';. H:0. Iba fol'n?!ng p?r?ona loat in raiiona waya pro CTtr to about tha amount a?t agalnat their nam>a ? r. Ninmona, 9i00, /princi[ ally in lime,) Ijirkin Snow'a loaa, 9. ?'><). Al?mt %i%' worth of wood, belonging to a benevolent aorlety, w? pil< d on lila wharf ^nd awept away, lloynton X MaakaU. 1 100 liar len, Whit* k Co., 9'."<0; Sainual I illabury, 9200; W. A. Karnaworth, (wbarf, lime. k<- ,) 9300; Tliotnaa l/>throp, 920'), Hiram Mill wbarf, 9^00 Tolman A Am?<, (?roo4,) 97!i Harvey, H;ear Af Co , 9l"S; K*nkln'a wbarf, k'loa aid wood, 9.. '.(j, Cl arlea <"rock"tt, (wharf, wood anl !lm<',i9VK| Joaeph llewett. (wharf and lime,) $100 II. * J. (Jr^wnry , (abed an'! wood.) $'0O, K. Andrewa, (wbar', fce.,) 9 ti"0. Joepli Arborn, I wharf aod ahip ks*oa,) 9100 J l!ir I \ Co , (abid and lime,) 9400, Cephas Htarratt. (wbarf,) 91 0(). No arriouA (i?yug? vm aotie to an/ of tn? ship pi Of. A Railkoad S<ild.? Tb? lljtlanJ tad Horlinf/m I'.ailroad waa aold at aur-tion l y :ia ahertff, at Ballowa Falla. iaat week, f< r one mill a afiai'. Tne capital wia 92,'.0o '<*>. and ita floating debt 92.000,000. baaldea the debt of 1,009,9$$ aacnred by mortgaga. TT?n work, ?o di>aalrou( to the atockl oldera, and to lt? una"- i. -el rreditora, baa doubtleaa l?i of imneiiaa advantaire to the prepla along the line aad greatly enhanced tba value of property FINANCIAL AND COMMERCIAL. HOST K T M A R K KT. Monday, Jan. 29?6 I'. M. There wan not much activity in :h? stock nurkot vc. it j. With the exception of Cumberland lh? fanciee were roach neglected. At tbe flr?t board Cnnberland Coal advanced 1 per cent, with very I large trari?actlon?: Qltnoi* Central iUUroad, 1. VI r- < ginia h'a fell off I per cent; K?adlag Kailmad, 4. Ail other atcckaon tbn list remain wltno'Jt alteration In market value. Tbe upward m'^vement In Cim berlard la tbe rewo!t of noent diecoverlea on tte roropany'a property, to which we alluded ye?t?rl?y. ' The principal buyer* are who are beat po?t?l on it* meriM, end tbey will ptohaMy aapply tbem reivei before ooUiWeni male ap tbelr mlnde to cxm Id. lieadioff Reliroad, from a very active faa^, hta beccme doll and drpreawtd. Hpecntatan In i'hlla delpbie ni?neg?d to saddle u .war da of thirty-four j bonded a hare* of Reading etock 00 tha gnJl bie buila of tbw market, dnrtn? tins c a<tant pufRaic of tbe oorop*nj ? report, fr >m tbe time of Ita ieooe by tta corn pan; '? o-gui la Philadelphia. This abowa how roach faith tV ej>* ujit<?r? of tha'. city have in Um stork. They, no drmht, expert to bay It back aoia at a low Bgurw Kile Railroad has for some da>s psat bean heavy, and the operations limitad. Fifty par cent la now err Hide red par for the sto :k, aad it is therefore near er (>*r than any otfe?r railroad sto< k oa the list. It has been port based lately by a eiiio$ of broken who have Jast as bif a load as tbay caa stagger aiong nader. They oaaaot carry It much loader, aal they cannot get It taken off tbelr ha* As at aaytkinf tike present rates. It la e$sy to aatletpate the rewo It It mist earn d< wn wttk a eraai. With the etoep tloa ef Oamhertaad the entire wvi? 1 ef etarks Is <? W*n *'r*? aad the NvVts are araama e' a? la the hands of the brokers. Thar* ou Im bat one result to this artificial inflattoa. II to m uinatunU u It to aboard, la the too of tho recent develop* BMOto msde to tho affairs of oil oar loading railroad companies. Outsiders bar a learned a Tory valuable laaaoa, aad tbay hare paid dearly for It It baa learned them to lot fancy railroad Ktocka alone, and It will be a lone time before they will forget the way they hare been bled during tho pa?t alx month*. , It la understrod that one of our fancy railroad* U about to cut down the par value of ita ah area. This la one step In tho direction tcwardi honeety and plain dealing. Aa a general rule, railroad corpora tions are ready enough to lncreaae the amount o their capital stock on every plausible pretax;, but few have the moral oourage or th? caramon honesty to cut down tbe nominal value of th?ir a tares whan their market, and atill mora, their intriralc va'ue, baa become greatly deteili rated. But when, by hand or mlamanagrment, a railroad has come to be intrfnalcaily worth leaa thin 60 or 25 oeata on a dot lar, and ratembles a cheeae, the Insidt of whi :h baa been mostly eaten out by rata, leaving only the rind behind, aa if Id mockery, then it become* the dniy of tLe pretdccnt and directors of such a roUeo cor poratlon to make the f tct* public, that the stock holders may know that they are poor instead of rich and that innocent parlies miy not be entrapped by any such outs da show of valas to Invest their money in what has not hill the worth It pntends ts Tbere are plenty of weak minded persona ot sm ill means In tbe community, who, seeing shares of s> called respectable ccrpo ale property selling at a very great dlpccunt, wbo will, on this very account, buy them, vainly thinking, as In the caw of tbe Parker Vein Coal Company, that wKh a nominal par value of $100, they mnst certainly be worth Ave or ten, or twenty dollars. The cutting down of tha bo ares of our raProads which are known to have beeu Hcbuy lerized or shaved to the amount of hilf or three quarters their original capital, to a point fairly oor rMponding to their artnal value, that is, to one that would probably enable them to pay aa much aa seven per cent per annum in dividends, would do mere to Improve the morality and save the money of this community, than all the laws againal gam bling on onr statute books, or agalnat atock specu lations, the Legislature may enact. At the second board Erie fell off ] p*r cent, and clottd very heavy; Hudson Railroad, | Cumber land was in demand at an advance of fc per cant, and tbe purchaser were principally for cash. After the adjournment of the hoard, the following sale of bonds and stocks were made at auction by A H. Nicolay:? IS ,0<>0 N. York aad New Haven HR., lat. added S.Mf 25.0ai (J rem Hay, Mil. K CUic. UK., H'a, Int. add. *6 a lO.uoo Ohio k Mm?lnaii>pi Hit., 2d tn'it. int. acdsd . . . . 53 16,0C<) Clevtlnnl k Toledo KH. Income", do 7H{ SO ibarea Chicago k Itock Inland KK HI U 5i0 do Fluahfag KK 53 u 20 do Cleveland k Toledo KK 100 Ho Ohio Central KK 7014 Hfl do Peventh Ward Ilank llUal20 40 do Atlantic Hank flft 22 do t'nlted RtaU? Fire I nun ranee Co 104)* 10 do Arctic Fire Insurance Co 80 DO do North Hirer Kir* Insurance Co. a 1.13 60 iln Knickerbocker Firs Inau. Co. . 126 a 12.*>V 60 do (irn-nwlch Firs Inmira&ce Co 137 I'O do Kquitabla Fire InmiraocsCo l'JA '.'0 do American Kipresa Co f.H do Aii-trahan Stcatnatiip Cb. ID 100 do New Crack Coal On 1 The t'athactions at tho Assistant Treaiurer's office to day were as folloas:? Received Son, 170 02 l ay merit" SI ,hmh 50 l aid for Am-ay < 57a 032 Si [la lance. 2,7tf6,4rtH 41 lb? warrants entered at theTreaaury Itoparttnent, Washington, in the 26th and 20th inst., wera as fal lows: ? 1 For the redemption of .lock $9/45 'JO | K?t I ay In# tri anury dabta SO, I H2 nn i Knt Ik' cuiUitw 164,110 H4 for ro>er ng into tlie tri-??ury from enstoais. 211 00 For covering into the treaenry from nUonlla Muuiffiutmii. .......... 1B2 40 | Covtrfl into the tvvaaury. from laudp 4.7S8 SI For tbe War I>epartnie>)t 116,1430 i'i For repaying in tli?- War I ?. j>ajtm<oit 3,14.1 09 1 For tbe Navy I ipartment SB, 474 >i* For tbe IriUror Ifc-partioeat 6?),i42 ?H lor i <* j ay tug in the Interior l>epartni< ut 3,300 67 The redemption of tbe pub'ic debt at t le Trea sury I>epartment, Washington, lor tbe week ending the 27th Inst. waa-Lnui of 1*42, II.OOO; H4?;, $3,. 000; 1*47, 17 MO; 184#, $13. 000- total, $36,900. The annexed statement exhibit! the average daily condition cf the leading departments of the hanka < f this city for the week preceding Ba tarda? mornirg, January 37, 1854:? N*w York < rrr IUxkn. /In nil Jmnt Hjwir Cirri n. P'pwCi N?? York.... $3, 111. 074 9171, 4*2 904 ?0h 9^ 4*t, 41 6 Manhattan 4,14ti,l'*<i 1,272,011 344 421 .1,441,00 2 Mrrrhaot*' 9,478.787 'i imi ho;i 17f>,<l.>i 4.944,160 Ma. baol<:*' U 392,006 l,2aO,sW 309,370 3, <134,037 I mon . .2,407, '09 un,WM 140,013 2, 240, 20o Amtrira 3,721,309 1,. '??0,313 HO 100 * in 'M Phanl* 2,106,360 40 . MO 120 l/o 1 044 600 Otj 1.694..114 211,. 40 44,713 1 M *?I7 North hlTfr. . . . l,t<?3,061 12? '<47 171,29* Hit. 7*7 1r.n!??m?n * .. . . 1,204,010 113,731 192,012 714,<M3 Fulton 1,401, *73 157,632 122,312 1,100,023 n.*mlci?! 1,163,4'.? 303,140 243,442 1,101,470 M.rebanta' K*. 2,307, 174 226,513 100.330 1 <1? (All National 1,447,244 inf. -W.& 120.249 3M.I60 Batob.'a* Dtav.l,lM,4?4 l;.l 774 26.430 723,227 M?r. 4 Tmlar*' . 437,6*4 60,613 01,2*6 410n?i ?.rr?nwirh 565.044 2?.IW7 174 . 46 340.200 Uatbar Manfra 1,406,366 934 606 172,471 1,207,632 !->??*nth WaH,.l."2* *00 202.330 1 1 1* 070,303 Hiata 3 711,40*; 014,277 41. 124 2,;!07,3'-l Am K<rh 6, 410,630 1.4H.377 2.10.170 4.630.313 Mmh't R'k( Aa.l 047,3*1 Wl 130 144,421 734,362 Coiamaian 3 371 ,06 1, 31*, 606 2,270 6,610,346 I 'onrrj 430.249 102,412 I'll I ' i 436,444 Broadway 1,202,627 223,630 109,030 1,003.111 ?>.?an 1,110,103 123,671 ?i ?il -.14.445 Mrrrantila 1,126 544 332.404 93 440 1,647.494 ParlOe 721,3:4 >.l.T4'i 04,163 447,620 |U public 2,710,010 610. ..30 72,904 2,413 416 470 7 44,2*13 r.u *?/) 254 047 l>opl/V 729,. !0 77 2li 241 403,003 N'ortO Atuariea 1 5?.7 > 1 l-.i W1 M.?,44 1 271/' > llanovar 1,0,711 73,101 32,066 430 019 lr? tir 433.444 63,437 4C.56I 347,141 Metropolitan. . ...1,0M '...J 014. 470 36,629 4 467 ,9V> Cltlr?n? ??'. 724 01 ,3HI 14; 140 44:. ,/.'#> <Jioc?r*' . ?*2 oO iji <.7,1 -o 47'.', 7 i Naaaau 79?> -4 107. .">4 114 250 70>i I *.<; Ka?t Kh?r 463,609 4'.,'J47 7*,1H 17- .1 1 4 Mark ?t 1,093,414 1 02*34 114 906 7:14*'. ft Nlrb.,la? . . 676, '.-4 93,002 02,700 rr 767 fboa h l*atli?r. 742,233 61,775 1<>0 294 326,300 Corn ftavkanf*. . 1,320,720 1' ") '? 4<m I Contiu. ntal 2 f.M *29 4i4 4 . I 4'* 1,475.300 Clin root) wraith .1, 1 ? HI II';,. 170 *-',420 *13,149 OrtnUl 4.'* 17 41 1*1 31,276 274 ?l? Mahn* 4|4 ?32 70,324 30,704 42^300 Atlantic 429,930 00.369 70,372 151,930 lolaixl VMj. NMN 20,206 30,070 130 4 m N Y I17 t?"k 4". ?! i? 4' 773 93,739 N Y. Kscbanga 140,094 II 4 -4 7?,?20 *4 413 KuUa II.*.) I'D 606 26 032 7*,l&7 7*1 10 Total 290,464,397 I4,4?7,'jo0 4 >.*0,42370,166,319 (tailiM Hot ?rTiixi'Tcm Kirbangr* for ?"k rn-ting Jan. 23. 904,14.''. ">4 " " " ?' 20 90,062,110 Balaoera ?? " 71 ..... . 6417.134 " " " 30 6,641.140 The store 3fgr*gwl?*, cornparrd ?tth tboae f it previous wtekt, prraent lb* aUMtiMrot Rasa* irr *fww Y'>?? (mm. Iff f 'trrtil n ("tr u i Pm. SO, 14 9"l 463,497 12 ''74 1 47 7 r -j K.H, 32 *2" .*> Jan 3, '55 12 -'44 704 13 ?'* 7.040, M '?4,'#?l, 163 Jan. 13 '65 *.-.974 <>*l 15 41* UiU 4,4*4 4*1 47^333, >*>1 Jaa. an, 64 *3 447.'?04 14 (72.127 4 '*1 JA '* *I7,4|1 Jan 37 'f,6 *4 '64 447 13 407,230 'I IXit 70 13* 411 Th? loa* rttarm, r/,m\nrrrl wrt? than* pr?rioe*!y tt34)o, oVfW on lofraoa* In Iter lib* of dlarmioU at 13,20 f. M2; in ?ptc4?,|J23.l U; la .!?|^niu, |t> i.rno; and o 4om3s? io rirrti attoo <J I'.l/. 12. Tito to cr*OM to opor io boo 3</' baon na?r ao 1 *rg?. m ant I dfiotcd. Moch dUftppoirtiaott ?aa exbl)>iUd la Um atieet mun it b* aw ko</wn tKat W? Incrooa* wotJd be loa* thsn halt o afllioa of d^San. Tbo |rn?rtL' ni thot the iMoka vml4 abrrw fMr!j*l9b??n m.I'iona. TJi * orrlo^lo b?ri> bnoo lOTRO OOr.Qfh U> ?1*t tVlB t*>3t fum, but H 0. pOftra tb*ro oro ootjv* tot vkribio onWtdo at t- a Unka. Tbo incnmm la diMOcaU rnuat bo aaturfv V*j W. aij cioMvo; but I' tba oxpMMion HoaM Wm* at tbia rat#, wa aball And tmttgo oxcitaa^o raaaio? op n Uat apatlo caa bo oblpptd at a profit. Tbo gruM eamtBfa ot lb# Ofotaal, ColoDtM* aa4 Ctaelacoli llailroad Co?paay (or tte Uat eietae ?v r.iho To BM >1 91.142 ari io aa4iat?r*?t, r<^ 3?6 44 ?*ra ?f* ?Ur.r, nt. nl ha 637 44 I tTt'?a4? WM 4 14 Aarytna 9143,341 30 tto Mralip aitrra na lorra? of 11 par '?at <rr?r 1 ?" 3. Afdit t JM?4f) 1464. k. Lba ata-r* aar.>ifo. to eaaplrta (hi mkmim yoar, ud the aggregat* ?? II ,236 230 90. The oapital at jck of Um oomyaar to $4,'i36,121, of which $161,400 to owned by the eo? puj. The debt la 198,600 la boade, and 140, 1M la billa payable. Includlag Um dlrldead declared, M not paid, at Um tlaM of making up the etetemoa*. the entire I ndebtodneoe of Um oompany la $374, ltT. The toUl onnt of the rend nod aaaivta haa bee* $5,170,636 11, It which ta Included city and county bond*, railroad atock, billa receivable, o*eb,&c^ Jt>>, to the amount of $624,402. The a??eta not needed for the operation* of the company are much mom 1 enough to pay off the entire Indebted neon. The Troy and tireenfleld lUllroad Comiaay I availed thewjehree of the Bute loan of Maeoaoba netta of ?2,000,000, and have pot under contra* tfca e. tlre line of their road, (forty two ml'ea,) Insludtag the tutnel tftrough the lloota^ mountain, which to four milea and a half long. Mr. Kdward W, Knrrelo, of thia rlty, take* all the work to<eth<r, at bat* $3, MM), 000 and $4,000,000. ilia anri tioa for the | fonnance ol the work were accepted by t!>e coo By I ant week. The work la to be ptld for la Um bocda of tbe Htate of Maaxachuae'U and caah aab acriptlooe. Hie r?rnltf> of lha Morrl" Canal lor the rear endlac IVrfmWi 31 l"M, au.O'iDtv l Ui 424ft, 4TT ill For the year lHMi ltH. ttOT UI In-reaaa in IhM 7? The ooal operators of Wuknauarre have had a meetlrff and made arrangotneute in regulate the price* tf cdoI and the raUa of rreigUt on toe MM, Theae ratea are cot to be deviated from for thrao TncntiiH, or until the next meeting. The ratea of freight are cona.derably below th^ae of laat year. The Philadelphia /.rW^rt aiya The l*-/\?Ulur< Uvm4 authoriwd the minaitrt of tba Reaillnx Railroad (onir-an* to auhacrtbe tu th? capital atork of tli? l,rl>an?n Yalhjr Kalfroad. after careful as - aminatl) n ami ronaultatioa darntnd It their duty to araA thrniarlrea of Hie antborltjr conform!, Mid accordingly liavti aubacribed to 4,000 nlnir**, or 4.. no, 000, of wtJaa our ball haa been paid The nianagara atate that they eonaldrr tbe lebanon Valley road aa a work of unueaM Import* nca to thrir own company. Thia road la la length ft'.", milea. It open* a dlmat commnnl-alUm throuxh from Keating to ICarrlaburir, wiUa the lYnnaylranla and Southern ari'l Northern made, and pa-aea through a taller and country of the rirbe.t, ta agricultural and min>'ral reaoarcea, of tlila coraiuoa wraith. It baa raay gradea, light oarrature, attended witL comparatively little expanae. It utrikeo ua very forcibly thit tbe Reading Kali road Company had better pay off IU d ieting debt be fore aob?cribing to the atock of other roe da. Ito inbaenption to the Hunbury and Krle Itailroad would have been aufflcient to have convinced nto with even aa ordinary amount of common aoaao of Um folly and coat of anch loan* of credit; but the gere of tfci Heading road appear to have a deal re ta Involve their atockholder* in all aorta of unpro ductive and extravagant achemea, and then roepel them to pay thetr own dividenda. A dividend Is atock la no more or leaa fian taking moaoy oat of one pocket t< pay It into the other. IHm k Kuhannr. Mommy, Jan X?, l(tr>a. $t000 Virginia O'a. . t>Ji loo aha CumrltJn bW 1KX0 (to all i'4 J, loO d? "10 10000 do. . .b?.0 Wft 200 do bV) 3tta f'(M)0 do . . . . *3 94'4' 200 do a.'l 34^ eriKi iDda .HUte r.'a. Hi H) do biO 11(0 Minaouri ll'a.a.l HI \ '.'00 do . . . . h.10 1000 do al 1/1 >, 100 do beo 1!*,00 do ... b:t 1(10 do a no 3?K iiiXiO EriaC H,'11 ?tfO 7* :.00 do a'M 34 r.OOO do . . . . a3 ftk 300 do *30 .-wt<t MW>Krle)la, '7M.W' H0t^ 12ft Y S On KK, opf VOno Mud It -M M IU 02 H 60 do.a 3aftop? RI*S> l|M|pi(kaU10.. 72 u do .... op? H9 3 10000 l'aoa Ha, 2d la. Kmi Krle Hit . . ad 700O N V On KK lb bu do b3 41 40<.0 do *7)? 2<a> do bflO 44^ tu rha MerchanUIlk l'.'O loo do e Ml) "Ami- I I, I nira Hk 10ft 100 d> ft V> Metropnlitau lih 100)^ &Q .lo alO 4"iV 10 llanorar ilk h7 l'Kl do c 44', W ( anion Co.. aft Ti\ .?UIO Keadlnc I'.H. . bto 73s, 260 Slca traaatl t o.. 1>.\ 40> .to atO 72V 100 do b?0 17 flOO do a3 72 IfO IVnnaCoal Co... lot MO do b3 73 10 .to b4 > ll>4 frfj lludaou n lUt . . 37 \ 60 Cum Coal Co.. a.1 84 ^ 14 Mir.ti (!en HK. . T? Ml do 341k ft MiebMoCaa .... TO 14 too 4* aOO aaif lOCVrRaUaKK 04 ?/uu do a> 3C 10 IU Oa un '?? 60 d(. ,?ld M TA do 04 H mconn Hoaan $1oT4i Virylaia A'a .. 1'4 % :io >h> NT (halt p*<- %?>% ^>00 do ft'l IJarlrm KK *M Mi\ 11 00 do li.'l Mk AO 4a >1 7O<<0 do . 1,3 Ni, lOO do a.1 *l\ I* I 0 Krie Ifcl ? }', (Mil, 10 Oar, C k < m KK 'JO litoo t l.'o w \ fto trta KK ... . b30 4a 6Wal III Cen li. . I 72 V.V) do 4ft ?< '.0 ?h? Marcl i - I k W6 |. VI ilo al 44 1< O < aaton ? i loo do b*0 44i< fOO lludaon K.r .17 '.0 .)? .10 44 1' 0 da .. . b?.'? 37', 100 do biO 40^ lioCun ? .>a! C .il 34 1? 60 *<> lilO la :.!?? do .T4I| ISO do e 40 ICO do n? 1<KI Kea<llnf KK ,b4 T.I 60 <to es ft'l liar etfiif 00 40 do b3 r S 127 Panama KK ... 1*6 I'O do .'M?s 30 III (?at IlK 04?< 100 Mlr? Transit ' o. 14^ fin ienati *u>< k *ale?, by Uewaoo \ II >lm*<, a* the Ht< ck H >a>d, MarchanU' Kk .-huixe, aad at pri va*o aa'e, for the week ending lar.uary 24: 4'.' l-"0 I of A l*-l 2d mor^a?> b?ada. . 0.1', 6,000 Ohio k MI<m do a<> !.n ta 44 r.6 >bar<-a fin Ham ft I>ar'"ii 'Ut at< ck 46 ta 44 do lndlaao|K>>ia 4 Ctn do 46 160 do On 4 l'nira|o do 4)4 ta T 4V do little Miami do H6 t?, ?T?{ 40 do Hilhboro' k Cla do ..... lufciat fto do Hellafon'alna 4 Indiaavt do .... 37'. 30 do Indiana Oniral du 4ft 2>V1 do Ohio 4 Miaalaaippl do, 24 a 1st. 610 do do da 27 A Ia4. 177 do do d.. 79 k lot. II do da do Ti s 4 Ia4 . Mi da Obla Central do 47 1% l'O do C n, Wil 4 'A?d???i1I? do 32 '/o do MarurtU k fin do f M da Juaetlaa da ... . IS ?o do S?? All<any a halam do 16 Mi do Mad Kirrr a I ah a bit Jo U do Cor a laitn/ton d?> V 4 lal. 77 da farmer* I Urn. of Krai achy . . . . #3 M do Norib?ra >la do loo crrr thauk hkwwt. MMMt, ill li?A I" M. At Bra ? lb* mirkft ralaa of >J M bMa jKita ??ra uiaka ?t 94 M a 9-> 7k. Paark vara Bomtaal, at 97 lb |!?in >t' m - Thrra a fair baalsaaa !??( a?<l Ika marart ? I> >*1 ra(t??r Ull?r for f?o?l '??.? af.'rat I 2?<>bkk >/f wtilrh ??* Ukn for a i pert tl about I* IJ Tta aaiaa | ab?.at S.Ona Kb' a .a'Uil c | "iniawt hi (nm! ilfii(lit btmb ?l !<Uli at |* I 1 a I" 'it omwi tii fn'f4 W??t?fa, 9* M a #? a* tra 90 to a ?!?? 7fc *ir.a<l lot* l?tw/1iaa wmrm miM at la a t < in boB'!, aa4 |ti!4aM 71 lorla4a4 la IU alii* arra W bMa Maatbara, at |a '1 a M II, far la'rrWir to ehntc* an-l at I ' 3A a tin It fa* faawy aa<t aatra. H;? lUrar MIh *( |Wi kUi flsa tn? ??? at 97 21. M?al ?a? ?<*kt, at 9t VI for ant It *1 for f!r?a Ijw b? Wb-al 7>i? aaarkat farorwl paraba t'fa, vhila aaiaa a?r? ?f<li'|?iuaat a?I (*1?m aoaa>*al t iim ? TV* aaiaa a*i?rar*4 about I !>,Wi la> JI M biab a|a !nrlu>llaf |?arl ablta rtr.ithara at ?a? aa t V7r l? Jtr?y yiUiw an ' '-<1' for ilaatH Mta - Haka of l.MOtuiWU Jtrw; *>t? im I^ at 91 *0 'ato limy *<?i?f?aa4 n. rajti i>?i? aa4 k (bar b?? al ?"?? a *1e Mark; aa-1 aaalt artf u??.a*l < ' r?*a ?TV* aa>? iBrlnt?4 '?**> Uf< It i, at *H?, * 10* *0 mat* Jara at liv . K* ba*a Nt r*mla?u at y n t. ( /-rr ? ? 7Ua lifbt atwk imtrUKd aalaa to a*?.?t 'AO a .'??/> l alat, i-k>aia( at aWrjt lb> folia, s o* <|u'>taua*a ? M)<U1)iaf I ?!(< a l%? ? I'-rt '.a Jr. . la Mobala 4a '*\r ar>4 Tataa a?4 *?? lirlaaaaa, Via* Tttaf* *aa m MflMMMttlMMi aa-l onlj a aaaall lat af M> bika la floaa* hifhar rata* ??f 4r aaa a 4 a 4^la(i|*iM(t' aara aalarata ?a4 fataa ?a rbaaar4 To liitf^uil MO kbla lour aara taka* al la f.i I (.**> bbk r<Ml| at 1 ? >1 a 3a "ira ?k> al '? ?< a M . la l- ita a?4 ablp't Haya t? laaVa M loaa ?>a4 vaifM ?'?? tatw at Jia 71 boaaa H*'.i at ta , aa4 W bataa ?f ho^a at .'(a To Ma*ra aalaral* ia(ata anaa'a aa?? aaakiaf arl ilnf ^rorMaaa al Mr . |ra<a al llr ?otUi? at li(? . fca- - a at ',<? b|v?i at lv aa<l ?.||.<U>| al i< |?t |a!.'a To<aJifota<a fall fawarla aara taklay |"?4a at 'Xfc' ar -1 ???/??- a ' r a? ? 1 a laa I af at Mm a 4'* T? Aaatralia. alaa a?r? alike far f?at, ai.4 lamtor at M y*r } "4 '??t rwamiamaai ? a rr ? T7.a ti.ark?' au 4 Baal a*laa uajaap?rtaat Hit ?fataa of Wi laka aar? a>a la al WW a Mk law* Irian ? Abaat U <JW' Ika aara aa?4 at |rv?aa ?nt tra?i|li*il I'ltJM Hiauall aaiaa of H?a flrtaaaa a?? aaU at 37*. a i?? Natal ? Tfca awi r> ?t ?a< a 'boat >baafa Mrla ?ar> ?)??! al ??? . ra?h a?4 mi.m artiatH ?? tbia iraa aara a</D?laal at laat aaofc 'a qaotataaaa faia ?#^aall aaiaa >4 lia?a?l a?r? aaakia? at tl*, al.lia aj?na a?^. af.ala ?ara -ra-l l-K^iiai, ??._ 4tml I >4 a I '.*?> M k ?.M aaaaa aara aoi/i at Sll k*' ?? "?aa aaa |?wt at 91* tt aat a?a ^ r ia * al 9H -i aaa !a faJr V?aaa4 *a iii.i,!? ??aa'rf a.' ? al 9* M a 911 > araaaat aaa* ? at 9u aa'ra<t? Ilk Kraatry prima fa pa*ka4 94 X a 9: i? fa/kk^i 911 Ma 91k a?|ra4a, 911 M ? II' rr na a>w aaa <,a*M at 9r? Vi far M) 1-^ ha?a aara at 11a a !'?* J ari - A boat V*> * m bbla aara ar.14 ?hw9; at *',? a*4 a aaaail k4 o < ^r aa al l*r . aa4 WO k?ja at 9 a t < a'raaa'a vara *U*4f, at a s' hw? aaaibttaa attfc aaka of jo bfcta aba%U?aa at l)^? a ?' !'?? a. - Ak? at 7k raaka aar* aoM at 91 7k a 9t k? pm 10* fba *??? ? TWa aaaraat aaa at?a4(. bat aaiaa aara a1 la rata kfkinataalaaa'aal 4t iMa Nra 'Maaai a* ? V iiv Tril/ta -TVa aaitat aaa >>?m: at lay '*? '% iratrrW W aaan T>? aa>?^ *aaMa4a^ vm vbk prtaaa 'a*a( ?t '.a,, ?? t a-a, a-4 ? , '*?% aS 'k -aa a Idtaa

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