The New York herald., 1867-02-23

The Lease of the Corporations Onlces--Refurn
X OF nm Alternative Writ or Mandamus TO
~ Compel Paymaas OF Rent. &c. ~
Before Judge Leonard.
The People, rel Fernando Wood Richard B.
Connolly Comptroller, 6c-The above entitled
came before this court yesterday writ of alternative
mandamus ordering the respondent TO 70 the reator
certain Of money show cause why peremptory
maDdamus should not issue compelling him to make
The writ Of mandamus sets forth that the relator is
the owner OF the promises Nos 10 and III Nassau
street. in this city, and that or about the fourth day
of March, 1868, the Mayor Aldermen and Commonaity
Of New York, by its lawful agents. leased from
tain portions OF these premises for the nse Of
the Corporation Counsel the Corporation Attorney and
the Public Admins rator; that December, 1865 the
Mayor, Aldermen and Commonaty. by resolution regu-
larIy adopted, the Board OF Councimen, under the
approval Of the Mayor authorized Comptroller
renew the lease for the period ten years. aggre
gate rental OF SIS 900 annum that the proposal was
accepted IN writing by Fernando Wood upon the terms
for execution and endorsed by the Counsel for the Cor
poration who presented the to the late Comptroller
tor execution him, and that the said late Comptroller
neglected and refused to execute the same that
about the 10th day Of April 1885, the leases having
writing that he accepted the terms proposed and
prepared TO execute the leases and that the
term would commence on the 1st day of
May next following, and that tho rooms would
be at his disposal on that day. and that
that date would be deemed occupation OF them by the
Corporation the terms specified; that response
has been made given TO this notices that the Corpora
ton officers named have continued 10 use and occupy,
and stir and the premises for the purposes
OF their two bureaux Of the Law Department. that the
late Comptroller Of the city Of New York and YOU the
said Richard b. Connolly being Comptroller Of tho
said city, have refused and still refuse to the said
Fernando Wood the rent for the said demsod premises
now due and payable relator presented
the Comptroller leases OF the premises In renewal Of the
former and proposed and offered to exscg,e them
Connolly, without good or sufficient reason, wrong
isy refused TO comply win the demand
since, demanded payment of the rent due, and
that the Comptroller the respondent still refuses to
justly due to the reator, such the OF 81, 800,
with interest from the 1st Of August, 1855; $4,000,
81 500 with interest from TIE 1st day Of February,
lS67-all OF which amounts are unjusty withheld from
the rolator.
The inandamus then proceeds order the payment Of
the demanded or that the respondent appear be-
The return OF Richard b. Connolly, Comptroller OF
the CITY OF New York. and returns TO the Su
premc Court of the State OF New York in obedience TO
of mandamus to him directed,
issued out OF the said court on the Sh day OF February
1867, upon the relation of Fernando Wood that be
tered the duties Of the office of Comptroller of the
CITY OF New York tho 7th day Of January,
1867 that he has knowledge whether tho reator did,
In writing accept the contained in the resolution
mentioned in the for a renewal OF the lease or
whether that resolution certified and delivered
the realor by tho clerk OF Common Council by the
authority Of the Common Counci that he has not any
knowledge or information sufficient TO form a belief
whether the reaor caused leases to be for
cuon as alleged in the writ whether the same were
submitted TO the Council for the Corporation, whether
they we're endorsed or approved by him. or whether the
by him in behalf Of the city, whether at any
time the relaor notified the said Comptroller whether
any response given TO that notice, that he
finds on the lcs OF the Comptroer's Office duplicates
OF the leases with the approval OF John L.
Develin Esq of counsel TO tho corporation endorsed
thereon and letter purporting be the original Of
copy letter in tho affidavit annexed to the writ, but
whaisver Aud thp respondent further returns UPON
Information and belief that the corporation deny that
the occupation Of the premises in question has been
under in pursuance OF any lease, alleged
in virtue OF the resolution aforesaid and deny
that there due to tho reator from tho city for tho
rent OF the premises the sums mentioned or any OF them
Tee respondent returns that upon bis
Office he found file therein writ Of injunction,
and that, far he has any knowledge, the writ Is
on ,he sth day OF January, 1867, the Mayor,
Aldermen and Commonalty OF this city commenced an
action in the supreme Court against him, the said re-
spondent as Comptroller, setting forth aud alleging that
the said resolution had been passed in pursuance Of
corrupt and fraudulent bargain and agreement, made
entered into between the reaor and certain persons
then being the Mayor Aldermen and Councilmen Of the
city OF New York. and that the same had been procured
be passed by bribery and corruption the part Of
the reaor and praying that such resolution be set aside
declared void and that he he respondent) be-
Comptroller, pcrpetaay restrained from executing or
renewing any lease, from paying any rent, sum-
sueh resou,ion which sad acton Is sti nndetermnsS
In said court; and the respondent claims that tho
and things set forth in the writ Of certain
negotiations between the reat0r and divers officers or
the Corporation and that they do not result in settle
Of the terms the conclusion Of contract TO
In regard 70 that section OF the writ which commands
the respondent TO pay the rent alleged TO be due the
respondent returns no vouchers the expenditure
Of such money has been presented shown to him. nor
any voucher been examined allowed by the audi
tor nor does any such voucher exist nor has any such
sum Is that claimed by the reato been embraced IN any
appropriation made Tor that purpose, rs Is by law
qured before the warrant can be drawn that no iudg
ment has been recovered FOR any such for rent
against the Mayor &c. Of the city, has the claim
been settled adudicaed by any court Of competent
IAntv
puted by the Corporation, appears by the action
pending; that the Corporation have common SEAL and
that the respondent Comptroller authorized or
required by any satnte 10 make any
lease TO sx the seal Of tho Corporation thereto
On the part Of the respondent u was contendod by
A. J. vanderpoel and J. T. Williams, Of counsel, that
In an alternative mandamus the reator s bound TO
forth facts sufficient entitle him TO relief claimed
and IL s competent for the defendant at any time after
the return and before the pcrcmptory writ has been
awarded 70 object that the writ s defective in sub
In not showing valid t,le that the Corporation
have objected 10 the allowance Of this claim and have
Instituted an action 10 prevent enforcement In Tay-
lor Brennan go Barb) II held that would have
been sa, m y .ns the city nsa sks
refusal Of its servant the Comptroller In the premises
that the remedy BY action Exists that no Judgment has
been recovered that the Comptroller has power to
ax the seal: that the peremptory follow
alternative, and that II such an action as this can bo
maintained mandamus only lies when the title is clear
and the remedy is doubtful
An affidavit by the reator was also read denying the
allegation OF fraud ana briDery ana stang tnat papers
the suit Of Pullman had not been upon the
reator.
ExJudge Allen on behalf Of the reIator, held that u
sufficient that Corporation officer should deny
knowledge Of facts bot that the facts themselves must
be denied and that regard TO the allegation OF |
bribery and corruption could believe that the
Corporation sultfed ~ 70 admit Of such charges,
that IL 80, bribery and corruption
mwdemeanors for which the Individual might be pun
ished bot that would not render nugatory their action
After hearing the argument the Court took the papers
and reserved is decision.
SUPERIOR couRT-sPEcuL TERM.
The Right Of Foreign Corporations DoIus