Friday, April 1, 2016

THEODORE STEVENSON ASSIGNEES' SALE


Theodore Stevenson, insurance and real estate broker.

The Cortland Democrat, Friday, December 4, 1891.

Assignees' Sale.
   Now is the time to purchase a desirable home. The undersigned, the assignees of Theodore Stevenson of Cortland, Cortland county, N. Y., for the benefit of creditors, will sell at public auction to the highest bidder at No. 111 in the Stevenson Block, corner of Elm and Pomeroy-sts., in Cortland, Cortland county, N. Y., on Tuesday, December 15, 1891, at 10 A. M., the following described real estate in Cortland Village, Cortland county, N. Y.:
   House and lot No. 29 Garfield-st., corner of Garfield and Crandall-sts., 10 rooms and hall and attic, 40 feet front by 112 feet deep. Mortgaged for $1,250 and interest thereon from Aug. 20, 1890, less $25 paid thereon..
   House and lot No. 31 Garfield-st., 12 rooms and hall, 60 feet front by 112 feet deep. Mortgaged for $1,500 and interest thereon from Jan. 1, 1891. Also collateral mortgage for $1,500.
   House and lot No. 28 Crandall-st. 9 rooms, 48 feet front by 137 feet deep. Mortgaged for $1,160 and interest thereon from July 2, 1891, also 2d mortgage for $550 and interest thereon from Dec. 19, 1890.
   House and lot No. 7 Garfield-st., 9 rooms, 48 feet front by 154 feet deep. Mortgaged for $800 and interest thereon from June 3, 1891, also collateral mortgage for $800.
   House and lot No. 11 Garfield-st., 7 rooms, 48 feet front by 154 feet deep. Mortgaged for $900 and interest thereon from Nov. 5, l890, also collateral mortgage for $300.
   House and lot No. 12 Garfield-st., 8 rooms, 48 feet front by 138 feet deep. Mortgaged for $1,000 and interest thereon from April 1, 1891, also collateral mortgage for $200.
   House and lot No. 14 Franklin-st., 6 rooms, 50 feet front by 100 feet deep. Mortgaged for $l,200 and interest thereon from Nov. 19, 1890.
   House and lot No. 16 Franklin-st., 6 rooms, 50 feet front by 100 feet deep. Mortgaged for $1,080 and interest thereon from June 17, 1890.
   House and lot No. 15 Franklin st., 6 rooms, 58 feet front by 80 feet deep. Mortgaged for $1,000 and interest thereon from July 1, 1891.
   Kennedy tract, north aide of Elm-st., consisting of one double house, 8 rooms in each house, Nos. 140 and 142 Also, one house and lot, 6 rooms and hall, No. 160. Also vacant lots Nos. 7, 8, 9, 10, 11 and 13, 50 feet front by 153 feet deep. Mortgaged for $5,500 and interest thereon from January 1, 1891.
   House and lot No. 180 Railroad-st., 12 rooms, 60 feet front by 131 feet. Mortgaged for $1,500 and interest thereon from Oct. 1, 1890.
   Double house and lot Nos. 122 and 121 Elm st., 9 rooms and hall in each house, 60 feet front by 130 feet deep. Mortgaged for $2,750 and interest thereon from January 1, 1891.
   House and lot No. 118 Elm st., 55 feet front by 130 feet deep. Mortgaged for $1,200 and interest thereon from July 1, 1891. Also collateral mortgage for $700.
   Vacant lot and barn on Elm st., 50 feet front by 130 feet deep. Collateral mortgage for $500.
   House and lot No. 31 Pomeroy-st., 9 rooms and hall, 45 feet front by 135 feet deep, also half of double barn in rear. Mortgaged for $1,500 and interest thereon from Dec. 13, 1890. This mortgage also covers vacant lot 8 on map on said Pomeroy-st.
   Vacant lot on Pomeroy st., 45 feet front by 135 feet deep. Mortgaged for $1,500 and interest thereon from Dec. 13, 1890. This mortgage also covers house and lot No. 31 Pomeroy-st.
   House and lot, No. 6 Excelsior street, 8 rooms, 45 feet front by 100 feet deep. Mortgage for $1250 and interest thereon from March 5, 1891.
   House and lot, No. 8 Excelsior street, 8 rooms, 45 feet front by 100 feet deep. Mortgage for $1000 [and] interest thereon from March 2, 1891.
   House, lot and barn, No. 10 Excelsior street, 7 rooms, 45 feet front by 100 feet deep. Mortgage for $2500, interest thereon from July 9, 1891. The mortgage also covers houses and lots No. 7 and 9 Excelsior street.
   House and lot, No. 7 Excelsior street, 6 rooms, 45 feet front by 59 3/4 feet deep. Mortgage for $2500. This mortgage also covers lots No. 9 and 10 Excelsior street.
   House and lot, No. 9 Excelsior street, 6 rooms, 45 feet front by 59 3/4 feet deep. Mortgage for $2500. This mortgage also covers lots No. 10 and 7 Excelsior street.
   Vacant lot, Elm street, lot 13 on map, 59 3/4 feet front by 225 feet deep. Mortgage for $550, interest thereon from Dec. 1, 1889. Supposed to be paid on the above mortgage $274. Also mortgage for $1000, interest thereon from April 21, 1891.
   House and lot, No. 35 Pomeroy street, 6 rooms and hall, 45 feet front by 135 feet deep. Mortgage for $1000, interest thereon from April 3, 1891.
   House and lot, No. 26 Pomeroy street, 7 rooms, 48 3/4 feet front, 52 3/4 feet rear and 170 feet deep. Mortgage for $1000, interest thereon from Sept. 1, 1891. Also 2nd mortgage for $500, interest thereon from June 5, 1891.
   Double house and double barn, Nos. 30 and 32 Pomeroy street, 10 rooms in each house, 60 feet front by 170 feet deep. Mortgage for $2000, interest from April 1, 1891. Also 2nd mortgage for $1200, interest thereon from January 2, 1891.
   House and lot, No. 36 Pomeroy street, 10 rooms and hall, 50 feet front by 170 feet deep. Mortgage for $1500, interest thereon from April 1, 1891.
   Block of houses on south side of Clinton avenue, Nos. 81 to 91 inclusive, consisting of one double house, and five single houses, double house 7 rooms in each house, three houses 7 rooms and hall, one house 3 rooms, one house 6 rooms. 210 feet frontage on Clinton avenue and about 90 feet deep. Mortgage for $5500, interest thereon from January 1, 1891. Also collateral mortgage of $4000.
   House and lot, No. 116 Clinton avenue, 9 rooms, about 60 feet front by 100 feet deep. Mortgage for $1000, interest thereon from April 1, 1891.
   Vacant lot, corner Railroad and Crandall streets, 90 feet front by 120 feet deep. Collateral mortgage of $1000.
   River Bottom farm, consisting of 66 acres, in the town of Cortlandville, Cortland Co., N. Y., with good buildings thereon. Mortgage for $3000, interest thereon from July, 1891. Also mortgage for $300, interest thereon from Oct. 2, 1890. Also mortgage for $1000, interest thereon from January 1, 1891.
   Vacant lots, from 12 to 30 inclusive, block 10, and lots 15, 16, 23, 24, 31 and 32, block 17, Walnut Grove tract, and being on lots No. 91, and 107, in the town of Onondaga, County of Onondaga, New York. Mortgage for $5000, interest thereon from February 24, 1891.
   The above described real estate will be sold for cash, subject to the encumbrances thereon.
   The sale will commence at 10 A. M., on Tuesday, December 15th, 1891, and continue until all of the above described real estate has been sold.
   Dated Cortland, N. Y., Nov. 30th, 1891.
   PHILIP SUGERMAN,
   THOMAS F. BRAYTON,
   Assignees.

PAGE FOUR/EDITORIALS.
   Although two weeks have elapsed since the Cortland Journal was appointed the official Republican paper of Cortland county the Tompkins street weekly still parades that title at its masthead. It may have become a second nature to it to keep the title standing, but things have changed, and for the next year at least it must haul that sign down.—Cortland Journal.
   Pluck the mole from thy own eye before trying to remove the beam that you think you see floating in the peeper of your neighbor. At the masthead of the Journal runs this legend: "Appointed by Board of Supervisors Official Newspaper of Cortland County." Now we have examined the proceedings of the Board of Supervisors pretty carefully since the board convened to date and we must confess that if any such appointment has been made it has slipped our notice. Please state more fully when things changed or else "haul down the sign."  

   The Cortland correspondents of the Syracuse Journal and Herald have been censuring Police Justice Bull of this place for sending criminals to the County Alms House instead of the County Jail or Onondaga penitentiary. The charge is without a particle of foundation and the only reason it is made is because Justice Bull is a Democrat. Since he has been in office he has sent but three men to the County Alms House, and they were proper subjects for the home and he did his duty in sending them there. If he had sent them elsewhere he might justly have been blamed for his action. The Police Justice has few criminals come before him. He orders vagrants out of town the first time they are arrested and gives them notice that if they appear the second time they will be sent to the penitentiary. It costs $16 to send a man to the penitentiary and $2 per week for his board while there. If every vagrant and plain drunk brought before Justice Bull during the year was sent to the penitentiary it would bankrupt the county in a short time to foot the bills. Justice Bull is a model officer as every one admits and instead of being criticised he should be commended for the excellent judgment and discretion exercised in discharging the duties of his office.

Reversing Himself.
   Judge George N. Kennedy of Syracuse issued an order last week requiring the Board of County Canvassers of Onondaga county to canvass the vote of that county for Mr. Peck and declare the result on the face of the return. The board complied with the order. It was then pointed out to him, that the order if insisted on would elect Mr. Ryan the Democratic candidate for member of assembly in the First District. To avoid this, he issued an order requiring the Board of Canvassers to send the returns in that district back to the inspectors of election and have the same changed. When his attention was called to this sudden change of front he disregarded the fact entirely. In arguing the question the counsel for the Board of Canvassers, Mr. Louis Marshall, called the attention of the Judge to an opinion written by him at General Term in the case of the People vs. Reardon, a case exactly like the present case, but of course it made no difference to Kennedy. Here is his opinion in that case:
   "If this Court can command the inspectors how to act in counting the ballots after they have once acted, it arrogates to itself the power to control the result of an election. We find no authority for the exercise of such power, nor are we willing to concede its existence. To yield it as it seems to us, is to establish a dangerous precedent in regard to a matter of the utmost importance to the people, and in a government like ours, one fraught with incalculable mischief. The Board of Inspectors upon making and filing its certificate, has fully discharged its official duty, and therefore, became functus officio as a Board. A writ directed to them would be of no effect, since they could not legally again convene as a body and undo the acts done at a prior time and when in the proper discharge of official duty. People ex rel. Bailey vs. Supervisors of Greene. (12 Barb.,217; 15 id., 607.) A majority of the Board of Inspectors having made a return with a certificate of the result of the election, and filed the same with the City Clerk, it is now in the hands of the City Canvassers, and the matter has passed from the control of the inspectors."
   The opinion refers to the case of the People ex rel. Sanderson vs. the Board of Canvassers of Greene county, wherein a judge granted a writ of mandamus requiring the Board to send back the returns to the Inspectors and then granted a second writ commanding the Inspectors to make a corrected and amended return. Judge Kennedy's opinion says in regard to this Sanderson case: "We cannot yield to the argument of the learned judge in the Sanderson case. That when an inferior tribunal has assumed to act, and by mistake or otherwise has acted irregularly, it may be treated as not having acted at all, and that the error committed may be remedied through the instrumentality of a writ of mandamus. It seems to us more in harmony with the prerogatives of the writ, if it shall be confined to its legitimate use of compelling inferior officers to act in case of refusal, and not extended and made available to correct alleged errors in proceedings by them already had."


Marriage Certificates.
(Albany Times-Union, Nov. 28.)
   In view of the many marriages occurring at this season, brides and grooms should be reminded of the essentials of their marriage certificates. It is well known to lawyers that the certificates usually given on such occasions are fatally defective and of no value of evidence of the marriage. While it may be important if the marriage is public and celebrated in the presence of hundreds of people, yet, as few marriages are so celebrated, the certificate becomes important as years pass by, sometimes to establish a claim for dower, or the legitimacy of children, or even in a prosecution for bigamy.
   Under the laws of this state, the marriage certificate must be signed by the clergyman or magistrate officiating, and should state: (1.) The names and residences of the parties married and that they were known to the clergyman or magistrate, or were satisfactorily identified by the oath of the parties themselves, or by a person known to him; and the clergyman or magistrate is authorized to examine witnesses on oath, and false swearing is perjury; (2.) that the parties were of sufficient age to contract marriage; marriage; (3.) the time and place of marriage; (4.) the name and place of residence of the attesting witness or witnesses, and (5.) that after due inquiry made there appeared no lawful impediment to such marriage. (4 Rev. Statutes, Banks, 8th ed., p. 2597, sect. 13.)
   We advise our readers to examine their certificates of marriage, and if they are found not in accordance with the law as above stated, to have the same corrected at once. A man recently prosecuted for bigamy escaped conviction because the only evidence of the first marriage was a certificate in the defective form commonly given by clergymen.

William "Boss" Tweed.
About Tammany Hall.
   The Rochester Union says: The veriest tyro in State politics knows that Tammany Hall outside of its general support of Democratic principals and candidates in the State and the United States, is purely local in its objects. It has no special interest whatever in the State government beyond a desire that the Executive and Legislative departments shall keep hands off and allow the vast majority of the people of New York city to govern themselves in their own municipal affairs—allow the vast majority to have home rule, instead of undertaking to govern them from Albany by State statutes enacted from time to time by men from interior cities and country towns who enjoy self-government and home rule in municipal affairs themselves and who have no appreciation of the requirements and necessary expenditures of the great metropolis of the country.  
   Tammany Hall, or the representative body of the people of the city of New York, at Albany, stands there upon the defensive, not on the offensive. Upon general legislation affecting other parts of the State it seeks no "control" whatever, and votes upon such legislation simply for the general good. So far as any "control" beyond the local affairs of its constituency is concerned, Tammany Hall cares no more about it at Albany than at Washington.
 

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