The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-01-10

ALBANY, DEC 81, 1857.
No THE In SAruRz-
In ODE TO the requirements OF the law Of this State
the Co roller respectfully submits to the Legislature
tie cv Ing report, exhibiting condition the funds
OF tate the 3oth Of september last, and statements
year
The estimates Of receipts payments OF the
General Fund for the current year show deficiency
the revenue or the 30tn september 1855 Of $22 $50 o.
THIS Is exclusive ofthe deficiency, ESTIMATED,
IN Genera! Fund Ds BIT Siaking Fuud, which IL
not otherwise provided for, must be ADDED,
@'''oo w
Showing an estimated deficiency OF ... .s6as $40 81
nwu be seez By tie preceding statement that the
payments punt OF the General Fund for the fiscal
year ending October 1857, exceed the revenue received
drr1g that period by the sum OF ss47 o2 SO.
TIE revenue OF tie fuad Tor The fiscal commencing
o. tae LIST OF October 1887 including tue one mill tax
Tor the enlargement ADD oompeton OF the canals Is est
mated at S. e64 & o. the estimated expenses based
upon appropriations already made IT, showing
dehcencT the estimated expenses for
the current hsca year OF sl3 ia cs This with the def
cheney existing the sOh Of September last of $50 7O2 So
shows a denciency Of the 30th Septeu Der
1858 of 1921 $40 81 This statement of the condition Of the
fund the SOth Of September next does not will be
observed include any estimate appropriations which the
Legislature may deem expeaen TO maze payable curing
te current fiscal Nc estimate is made of any pay
men CT TIE general fu.d ire the revenue of the caaa
for Che reasSn that be net revenue will for years n n
probable, be no than Sufficient appro-
racas by the LIST and &c sections ana tue amend
meni TO the Sd section OF article OF the constitution
which at this tina viii require the sum OF s2249 81
annually, exclusive o. any provision for snkicg fnd
section
The uctcr Of .he Canal Department is of the opinion
that the net revenue o. canals for the fiscal
yea vii no. more than provide for the 81 appro
priated by the first section Of article of the
10 pay the interest provide sinking fund
the principal OF the canal debt as il existed in 1916 Ia
such al event part OF the $3.50 900 provided for
second section 20 pay tle interest the general
oebt be paid tho general ett sinking fund
bsy1g other revenue dedciescy must necessarily
pe paid Out OF the general fund, increased de-
nceocy q this .Gsd OF s350oU0
In the last annual report Of the Comptroller submitted
to the legislature the net proceeds for
the year commencing October /, 1850 estimated
81 $50 0to the C. actually received at the
treasury TO October 81 222 923 81 than the
estimate by the Sl2 org IS rhIs difference be-
tween the smo,nt received and the estimate caused
by UNUSUAL delay the part Of the county
surers 10 pav over the tax in tier hands TIE no mt
Que from county the Is; day of october
SZ4i 5b2 6s; Of this STAG qs was due from
the city o. New York SINCE tue Close az the dsca, wear
&la4 sos 81 las oeen paid by the delinquent
treasurers leaving a; this time 81 ooe 81 OF the tax
paid.
the iau Of the treasures OF toe their ability
60 pa terg caused scme cases by deaung collectors
IL others b. failure par: Of supervisors to
levy q suficIert arlount cf tax.
The ComP.ror has been under the necessity of direct
ing suits TO be commenced against county roa
surers &c recover the tax IL Their hands aud in most
has succeeded in collecting the afno MT due the
State but some suits are still pending and these
the spcrvso- Of me counties have
Comptroller TO institute suits the bonds Of
faung treasurers, IL pursuance Of authority given
section Az page 7Sl vol l, 4b edition of the Revised
S.atltes
when called upon pay over the state tax some couu
" treasurers have admitted thai the money had been
Used in their private business, mad been oaned by
them IN such manter tns they we're unable 10 mand
K when wanted The law requires that the several
COUNTY shall or before the first day Of
Earch 10 each year pay the Treasurer this state
amount Of the STATE tax, II sry raised aud pal TO
them respective " bet be legislature unirequenty
postpones the collection n the tax cuth the usi day OF
ha.ch and sometime 20 TIE hrs day OF Apr aud Of
the County trsasurers disposed e such postpone
rent excuse for Losing 70 the state until
time MAJ suit thtir convenience TO pay Under the
prcsen. suit eau be commenced against a courty
treasurer previous e The -st JuLe each year
any which be il his hands will be
nv the Provisions Of sections IS aud 40 pages $50 aud 49,
voume J. fourth edticn of the Revised Statues. which
prJv3e tht the Comptroller shall state the Of
the several county eascrs Oh the first day Of May IN
every year AID IN! part q the state AK shan
appear De unpaid " an county treasurer, Comp
tol.r shall ansni by mail 10 such country treasurer
colg o. Us account, relurhg BIG 10 pay the balance
within thirty DAYS (Sec 10 II county treasurer
shall refuse neglec: 20 pay such baance within such
tine the Co-pfcIer shall forthwith (iuless he shall
be satisfied by due proof ttat such treasurer has
"a reccivet s-en esksce, and has taken
al proper steps 70 collect the samel de
I've. ccl- Of sucb Co2nty Treasures to the
Atc-ne. GENERA Tho sha. proseouts torthgth aud the
interest thereon from The LIST cay Of May ;he year when
the ought TO save been paid
Tbs ccessty for thirty days delay after sending the
arcou- required b. tue section above reed before
e1t he brosg3 agaias treasurer, s Il apparent
The accou- se b tie Comp 'ler to County Treasurers
q-ired be paid l. any county the aggregate valga-
To- OF tie property u lch county tbs office
somemes the case, unpaid balance OF tax the pre-.
year e brought ory ard % the accouut) aud
the auouI Of the state required O. be paid by any
county vel know e the treasurer Ct such county
tefcre the receipt Of such account as after
The failure the County rreasurers, or some Of them
q pay promptly he much embar.
ras1e-: 10 this Department. aud some remedy seems 10
be required.
The To- the support u the sne government
derived almost entirely from direct tax and there.
fore Obviously iaportanl that the be paid the
State treasury early day each year practicable
&c good reason known u the Comptroller why any
rtst the state AK should remain pad after the FIRST
.ay OF May each yeas lac would ,reore respect
fully recommend thai 'he present law be amended A.
~ require, whenever any part Of state tax shall
apsd by aoy c5u-ty treasurer on the nrst day Il MAY
Ia each ear tbs such treasurer shall the
Comptroller statcmest unoer oath, setting forth the
reasons vbg such tar has Dot been paid. AND II such
statement sha not satisfy the Comptr9 ler that such
treasure. ed tue and has taken all pro
per siepe ~ ooec. the shall then Doe the duty OF
the Cons troer without oelay to deliver copy OF such
comfy account C the Attorney General who
ahaI prose c-te .te same forthwith
No part Of the FAX cue FROM the counties Of Oneida,
Orange and vngs,cr Cor the esr 1856 mentioned IN the
lasi annual report q the CoUpjrcer has been paid into
tie treasury The amount due Cor the tax Of tina, year,
from tie three EQUITIES nsmeG exclusive Of interest, Is
focwE Oneida, sI l47 n Orange, sSl ,Go5 CO. lv.
ings.ol. SZs,ise 50
OraIse refused O. levy the imposed by the act chap
35J, Laws Of lst claiming tue law 70 be ;onsttu
uoIal o. tue ground tia. did BOT state with sufficient
dstncBess the object h. which the be applied
TIE application u the courts for mandamus 10 compel the
supe.vtsrs lyy the tax i before the Court Of
Appeal Thc courts below granted the order.
Thc tax f the ear 1856 against the county Of Living.
st0r 20: Zach the stale Treas Try Tor the
the trcAurer 81 that county used money and became
t-solvent Failing % collect the amount Of him. applca-
tOu % the court by the Attorney General
orisrdrectnr the Supery 60 levy another The
order granted and probable the tax will be levied
and he m01cy paid INTO the treasery during the
uscai yea
what amount Of tar may be necessary provide
Tor the support o State aud the 81 the
genera fsnd Tor the dsca year commencing October !.
1855 the Ccmptroerl not able state for the obvious
reason that he cannot snow what the Legislature
may IL expedient 10 appropriate, payable
from th scnd, and Therefore only the amount
q tax that ~ DC required meet the estimated appro
OF a.ioas contained this report detailed state
nett o. The appropriations deemed necessary the
penaes OF government for the lscal year commencing
October Z. 1855 Will be found a table marked D.
reKed 70 this report. amounting TO the Of 1859