First. The certificate of Hon. Allen C. Beach, bearing date January 7, 1876, which is annexed to the original bill as first presented. Second. The original bill with the affidavit of the late Henry R. Mygatt. Third. A copy of the law register of the said Mr. Mygatt. Fourth. An exemplification of proceedings of Commissioners of the Land Office, August 5, 1870. Fifth. Certificates of Hon. W. H. Bristol and Hon. Asher P. Nichols, both bearing date February 16, 1876, and also certificate of Hon. W. F. Allen, bearing date February 17, 1876, and Sixth. Affidavit of Hon. William H. Hyde, executor of the will of Henry R. Mygatt, deceased. WATERTOWN, January 7, 1876. As Chairman of the Board of Commissioners of the Land Office (which board was intrusted by the Legislature with the matters referred to in the annexed paper), I retained Henry R. Mygatt, Esq., to do the business in said paper mentioned. His charge of $1,022.36, for services, disbursements and counsel, is very reasonable and should be paid. ALLEN C. BEACH. SUPREME COURT. THE PEOPLE OF THE STATE OF NEW YORK, on the relation of the New York State Inebriate Asylum, against WILLIAM R. OSBORN. Proceedings for Mandamus. THE PEOPLE OF THE STATE OF NEW YORK to HENRY R. MYGATT, Dr. 1870. July 29. To three days' services in attending special $45 00 18 22 June 7. To one and one-half days going to Bingham- 22 50 14 10 Aug. 4, 5. To two days meeting Commissioners of the 30 00 ... To expenses attending same. 21 40 11. To three days attendance on Special Term, at mus 45 00 .... To expenses attending same. 14 37 Sept. 15. To services of messenger to Delhi to procure order to stay proceedings. To expenses attending same. To paid for copy opinion of Special Term... 10 00 14 48 2.00 1870. Oct. Dec. 1871. Jan. 20. To two days, going to Binghamton for con- ..... To expenses attending same. 6. To two days attendance on General Term, at To expenses attending same... (Case at this term sent to the second depart- 15. To three days attendance on General Term, at 28. To expenses attending same.. To paid for printing points for General Term, 5. To paid for printing opinion of General Term, IN THE COURT OF APPEALS. THE SAME, appellant, against THE SAME, respondent. To costs before argument .. March 8. To three days attending consultation with $30 00 6 26 30 00 6 26 45 00 39 03 16 50 2.00 10 00 20 00 45 00 18 05 8 25 5 80 3 14 To paid for telegrams To counsel fee in the matter in both courts, Henry R. Mygatt, of Oxford, in said county of Chenango, being duly sworn says, that he was the attorney and counsel for the defendant in the action or proceeding named in the foregoing account: That the said matter was in fact defended by the Commissioners of the Land Office of the State of New York, as fully appears by a certified copy of the proceedings of the said commissioners, which is hereto annexed; that this deponent was employed in said matter by the said commissioners, as also fully appears by the said certified copy of their proceedings; that the proceeding was for a mandamus to compel the defendant to pay over moneys and to deliver books, papers and vouchers in his hands, and which had come to his hands as treasurer of the New York State Inebriate Asylum, to one Francis T. Newell, who claimed to have been elected as the successor of said Osborn, as such treasurer, and that deponent hereby refers to a copy of the printed case in the Court of Appeals, herewith submitted for a full and accurate statement of the character of the proceeding and of the various steps taken therein; and deponent further says, that attached hereto is a copy of his private law register, which, together with the said printed case, will show to some extent the amount of labor and the attention given thereto by this deponent; and deponent further says, that the case was never brought to argument in the Court of Appeals, but that, pending the appeal and before the same could be reached for argument in said court, the case was settled and the controversy therein determined by an act of the Legislature of the State of New York, passed in the year 1872, and which may be found at page 1764 of the Session Laws of that year. And deponent further says that all the services charged in the foregoing bill were necessarily and actually rendered in this proceeding, and were actually necessary, as deponent then believed and now believes to protect the interests of the State, and that such services, and the expenses charged in said bill, were rendered and paid with the full knowledge and approval and at the request of the said Commissioners of the Land Office, with the various members of which board this deponent had several interviews and an extended and extensive correspondence, as appears by the papers and memoranda hereto attached; that all of the moneys charged in said account, as expended by this deponent in the said proceeding, were actually paid out and expended as alleged in said bill, and that all said expenditures were necessary and proper, and were required to be made in the faithful discharge of the duties of this deponent, as such attorney and counsel, as he believes true; and deponent further says, that each and every and all the amounts charged for the services of this deponent are reasonable, and that the services rendered by this deponent for the State, in the same proceeding, including the counsel fee charged in the said bill, were reasonably and actually worth the amount charged in the said account, and that no part of the said moneys paid out and expended by this deponent has been refunded, nor has deponent received any thing for his services as such attorney and counsel, but that the State is actually and justly indebted to him (Copy of Law Register of the late Henry R. Mygatt.) SUPREME COURT. THE PEOPLE OF THE STATE OF NEW YORK, on the relation of the New York State Inebriate Asylum, against WILLIAM R. OSBORN. LEWIS SEYMOUR, Binghamton, attorney for relators. I appear as attorney for defendant. June 2. Letter from William R. Osborn; (4) answered by telegram; paid charges, 32c.; do by letter, p. 3. 17. Letter to William R. Osborn, p. 3; (7) at defendant's bank, on consultation. 8. Letter to John V. L. Pruyn, p. 6; (10) received answer. July 21. Affidavits and copy order to show cause, on twenty-ninth, at Special Term, Delhi, for mandamus served on defendant. Telegram from Delhi answered; paid 10c.; (20) letter from defendant answered, and letters to LieutenantGovernor, State Engineer and Treasurer, P: 21. 22. Letters to defendant and commissioners of land office, p. 9. 23. Letter from W. H. Bristol; (26) answered, p. 3; letter from defendant. 25. Answered, p. 3; (23) letters to commissioners of land office, with copy relator's affidavit and order, p. 12; letter to relator's attorney, p. 6; (25) received answer letter from clerk commissioners; (26) answered, p. 3, letter to relator's attorney, p. 6. 26. Letter from commissioners; letter from Lieutenant• Governor Beach; (30) answered, p. 3. Letter from defendant; (30) letter to Lieutenant-Governor Beach; (26) answered, p. 6. 27. Telegram from Lieutenant-Governor; letter from clerk commissioners; (30) answered and sent copy resisting affidavits, p. 12. 29. Attended Special Term, Delhi, and, on motion of defendant, motion postponed to August 11th, 8 A. M. Ang. 1. Letter from W. R. Osborn; (3) telegram from W. R. Osborn. 4 and 5. Attended meeting Commissioners Land Office; traveling expenses, $21.40. 5. Retained by residue of the board; (6) exemplification from commissioners. 8. Letter with proceedings of commissioners to Mr. Osborn, p. 3. 11. Attended argument Special Term, Delhi; court took papers. 15. Notice appeal to relator's attorney and letter, p. 12. 1870. Aug. 16. Letter from F. T. Newell; (9) letter from W. R. Osborn; (15) letter from W. R. Osborn. 18. Answered, p. 3, letter to Judge Murray, p. 6; (27) letter from Judge Murray. 17. Letter from Lewis Seymour; (31) letter to defendant, p. 3. Sept. 12. Telegram from defendant; order served to pay over funds; paid answer to telegram, 42c.; letter to defend Oct. ant, p. 3; received further telegram; (13) telegram to and from defendant; paid express, 84c. 13. Letters to Wm. Yeomans, Jr., and Judge Murray; served notice appearance by mail on defendant's attorney and county clerk, p. 6. Letter from defendant; (14 and 15) answered, p. 6; (14) telegram from defendant; order by Judge Murray at chambers, Delhi; stay of proceedings on appeal to General Term. 15. Paid James McEneny, traveling expenses to Delhi, $14.48, to procure said order; served order and copy affidavit by mail and letter to Seymour, p. 12; (18) paid W. M. Murray copy opinion and postage, per receipt, $2.18, p. 6; (16) opinion to Mr. Osborn, p. 12. 17. Postage to defendant's attorney, p. 12; letter from relator's attorney. 24. Received notice argument for General Term, October 4, Albany. 26. Letter to defendant, p. 6; (27) letter to Seymour, p. 6. 27. Letter from defendant; report from Judge Murray, p. 8; (28) letter to Judge Murray, p. 3. 28. Letters to Judges Potter and Miller, p. 12; (29) letter with affidavits to plaintiff's attorney, p. 42; (29) letter from relator's attorney; (30) answered, p. 6. 30. Telegram from do. argument passes October Term; paid telegram, 72c.; letter from Judge Miller; (Oct. 1) letter from Judge Potter. 14. Telegram from Bristol, and answered by Mrs. M. 15. Telegram to Bristol; paid charges, 40c. ; letter to do., p. 3. 19. Served notice argument, General Term, Ogdensburgh, first Tuesday in November, per admission, p. 6; (18) telegram to defendant, paid 34c. 15. Letter from Bristol, State Treasurer; (17) letter from defendant; (18) answered, p. 3. 20. At Binghamton to meet defendant and State Treasurer, traveling expenses, $6.26. Copy opinion of Judge Murray to State Treasurer. 25. Telegram from relator's attorney; cause passed St. Law rence term. Letter to defendant, p. 3; (26) received copy W. H. Bristol's letter to asylum of October 21; (Nov. 18) served notice of argument for first Tuesday December, Broome, P. 3. |