The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1859-02-25

,vor Of R,rsen Clark In this case he Arbitrator for
the ci,v vss chosen by Mayor neann and me case N
contested throughout o0sn upon or ,adsmsn IN svor a.
Mr. Pe,erson In . which went 70 the Court OF Ap
peais Si7 222 oo Of the amoaIt TOR Judgment "a f.
ror AZ M whiting Q Of action which has been
pending since 1851 and which has been ndusri0asly de-
Tended IS 500 a Of fol. Judgment for prbatng
Newspaper employed for this purpose sac saS iuds
mens favor q Isaac Edwar Coaectcr Of Assessmens
This case rs on appeal I now md the jaagmen. below
$1,000 90 Is for printing; SIC, S22 il for judgment
favor OF John Calaehan, or grading and regulating
contest upon the facts; IS 2s3 OF judgment in favor
Of Sesh SQuires for eldew ,lks. This case was also
thoroughly disputed and defended $40 2es 81 Of is for
tended, because hts Honor Mayor nemann and the City
Inspector informed this department there was no
defence TO the caimabout S73 OF is for salaries t.
employees Of the Corporation, refused TO be paid by Mr.
fgg unless sued for and put in Judgment 50 3O2 81 of
IL 's for juds ment in favor Of William v. Adams. This
case was commenced before my term Of office, and
contested throughout by me- aud SO 1851 II is for the
judgment Of John Pegrew S35 Of it Is the estimat
amount of judgments likely To be recovered against
city N suits which are pending and which being lit.
gated.
These for more than seven nnths of the whole
sum, and might, II II deemed desirable, explain
with the same particularly every dollar Of It, II per.
haps enough for me " that the Marine and
Courts alone, during the 1885, there four hun
cred and twenty i've suits against the city, in all of which
he city was represented aud in every case in which the
oepai did not advise that there defence
he plaintiff was obliged 10 prove his case.
In the Court Of Appeals the Supreme Court the Supe
or Court, and the Court of Common Peas there have
been rome two hundred disposed of during the
year, and notwithstanding all this gaton and that this
department hss IL addition 10 the titles all the
real estate acquired by the city, conduct the proceed
pgs III the Opening Streets and give written opinions
TO all the departments all subjects affecting gov
ernment and powers Ct this great city, not single suit
has gone by default, unless under the direction Of the late
Comptroller, upon the ,orisn statement of the head Of the
appropriate d,pa, tments that there defence And
me whole number o such will not exceed twenty or
thirty.
In every other judgment has been obtained only
after contest upon of jury or tue decision
Of a court ts judicial su0stitute aud been
referred during the past year. except such upon
ton, the Court would have ordered reference in,
every referred has been fought and the claimant
obliged 10 make good his claim by legal proofs
II may Lot be improper for me here to say that
OF the gentlemen who have formerly held the office has
had one third of the amount of labor to perform
which has fallen my lot, and while all of Them with
the exception Of my immediate predecessor, derived
remunerative fees, my compensation is limited to fixed
salary.
In view of the foregoing facts, your honorable body
will see the necessity of promptly providing means for the
adjustment OF the claims which have passed into jutg
ment ana to which Comptroller Haws has heretofore di
Iecteu your attention.
also beg your attention to the fact, that matter
how fragrant the may be OF injustice to the city,
how strongly its legal adviser may bs of opinion
that appeal from the judgment below shout be taken
there means provided by which the appeal be
made e1ectuai to stay execution. No overburtheued
public spirited aud responsible taxpayer be found to
sign undertaking surety for the Corporation aud
many judgments against II which might have been re-
versed upon appeal nave on TINS account become nna
The city remediess and the law officer without power
IN the premises.
In my annual report for the year 1858 made
suggestions concerning the law allowing parties to be wit
their behalf in suits against the city, and
recommended application the Legislature the sub
ject The importance of this induces again call your
attention to IL.
Earnestly soliciting your aid co operation in the dis
charge of the and responsible duties of office
have the honor TO be, your obedient servant,
RICHARD BUSTED,
Counsel for the Corporation.
The communication ordered TO be entered length
on the minutes. Another communication received
from the Corporation Counsel respecting the right of the
Common Council 70 investigate the affairs OF the Aims
house Comssoners stating that they have right
except in matters Of buildings amounting to IS 900.
majority and minority report respecting the electric
clocks IL the CITY Hail. and keeping them in repair
received and LAID over.
i've to whom the question Of the City Inspectors Depart
meDt WAS referred, pending which the Board adjourned
10 the first Monday in March,