The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-17
part.

Report.
CITY or New YORK. LAW DEPARTMENT. J
OFFICE or COUNSEL TO THE CCRPORArI0N,}
April % 1871. J
To the Hon. A. oAKEY HALL. Mayor OF the Ci,y OF
SiR-in compliance with your desire expressed In
letter to The Law Department. dated March ~,
1871, have the honor 10 submit the following rc-
port OF the business OF the Office OF Counsel To The
CORPORATION from tue lst Of January, 1870, to this
date.
since the dafe OF my last report e43 SUITS and pro-
ceedlngs have been comuen ed against the Mayor,
Aldermen and Commonalty OF ths city OF New YORK.
vi THESE 40 nave been closed. and OF the suits anu
proceedings commenced previous tn January !,
1910, " nave been finally DISPOSED Of
There are now o3l SUITS ami proceedings IN tho
ONCE against tue Mayor, C., pending aud Gndeter
mined.
Fifteen cases are noticed for argument in the
Genera FERN and cases noticed ior argument IN
Inc Court oi Appeals. Besides these SO cases have
been appealed.
The NUMBER of written opinions furnished to tho
various dcpastmenlS on spe cIa questions OF law Is
80, ana 393 olclal communications ON The business
OF the departments have also been addressed To
Them.
In the Real Estate Department Al titles have been
examined and 40 grants OF land under water
leases, deeds anu bonds and mortgages nave been
prepared.
Appended hereto viii be found a list OF judgments
entered against the city from tie date OF the last
tax levy - the present. time.
In this llst are ucluied not only cases in which
litigation became necessary by r,asun or the exist
ence OF doubtful questions OF law or fact hut also
various claims against tae Corporation which have
ARISEN from lime 10 time, anu up0n winch mo SUBJ
stanlal defence on the merits exlstng) IL was
deemed TO DC deslra lie TO have the sanction OF u
Judgment OF competent Legal tribunal before pay
ment SuCa OF these judgments as appeared To me
clearly III and supported by the evidence have
NOT sought TO disturb, but In cases where IN nv
opinion. my doauJ cxstc and the Interests Of
chg reured an adjudication ny an appellate court
have taken appeals To TIC General Term.
In some OF tle,c cases, whore suit was brought
for materials ana labor furnished, was Instructed
by the Comptroller wat the arricies and work were
ordered bY tue Common council ani the correct
mesa Of the amounts claimed properly certified ny
the clerks OF the respective boards, and rnat waat
oil FUNDS was ms oniy reason ior ueeing To satisfy
the demands. SUCH answers as were possible under
the circumstances We're interposed, settng up tnls
TACT, but were overrulcd by the supreme Court,
notion ana Judgment directed to be enter cd tor tho
amount OF the claims.
MY attention was recently called to the fact that
certain judgments HAD been "en,ered by delaut'
agaDsG the mayor NC. AS never mad boon served
with ans papers III these SUITS and was IN ignorance
OF the tendency OF the actions, addresses IL letter
to the Comptroller asking Tor Information ON the
SUBJECT, copy Of which letter, together with ine
pendix
inese judgments having been catered without
notice to the lazy oicer Oh the Corporation, and IN
direct vo!aron Of the law Oh 1880 cnapter 6id sec
ton 4. were wholly invalid and lave been formally
set aside,
lwoad suggest that for the future, all papers
served upon any city Official suits against the
Mayor Aldermen aud Conmonalty, ana Tor the con-
duct OF wnIcn the Counsel u the Corporation may
be properly held responsible, snould De AZ once Tor
wardcd to tnat oicer, IN order hat a proprate ac-
ton may pe taken ~ nim thereon.
In lne cases o., Judgments obtained against the
city for advertising have been In All such
strucseu oy the Conptroei that the bs IN sal, had
been duiY examined, 'au lied and cer,iHed 10y the
proper officer In the Finance Department., as re.
qulrcu b chapter So, Laws OF 1865 page 2UOs, and
thar cue reason Tor the aon-paymenI OF the bs
when presented was the fact mat the fund appro-
prateu Tor advertising was exhausted.
The answer vi the delcDdantS III each OF these
cases, scttn2 zip tat iacL aud any other fact which
seemed TO ne available as n delence, having been
overfuled by the Court upon MOTION upOn The
ground i!iut the facts alleged failed 10 establish
legal de,ence, judgments Tor the plaintiffs nave
thoriJy Of section 90 o, the Code OF Procedure.
nave drought IT proper, nowsver, TO take IN ap.
that the decision Oi the Special Term may be cx-
| ahmed.
amount or all those obtained against the CITY,
deem 1t proper TO state tnas no judgments have
nature, unless Where tho said claims have been
duly "audiiel and cer,ined" rs correct IN the
Finance Department. ana the court, on motion, has
authorized the entry Oi the same.
Tue legislation OF tho Of the Legisls'-,n ira
just closet. whereby tne MaAsr and comm oer are
required TO designate ote daily pier pollsned m
the CITY vi New York 10 he As ullciai lonrna @ saie
CITY, toaetaer WIZ ..ue daGJ anG nine weekly
P ap.,s ~ alone corporation notices, &c. shall
We e"1.,ned WILL C Is hoped, umiiisn expense,
while al the same time the oiizeDs are suppheu with
n necessary information as To the action Of the CITY
| In which They may be specially Interested.
Except upon this class OF CLAIMS no judgment has
been entered against the Corporation unless upon
verdict OF Jury or the report Of referee, attor
thorough litigation and trial.
rRoCEEDiSiS 40 vACATE ASSESS MENTs.
The suggestions which, IN my report rJr tine year
1862 had The honor 10 make Ia reference To ihc
mobilization Of chapter 33S, Laws OG 1885, were
adopted by the Legislators IN 1870. BY that law Of
1865 the Court w,e any LEGAL irregulrity in an as
sessent was proved had authority only 10 set aside
the 1n0e assessment, even IN cases where trl1iDg
eAce.s III expense WAS alleged. The injustice OF th,s
provision was apparent, and by REASON oI IT, In
many Instances The whole expense oi al I'M
] prosement has been inrOwn upon the taxpayers at
large. instead oi the adJacent owners whose pro-
! perty more immediately received The benefit and
was largely enhanced IN value thereby;
by the amendments chapter 3s3 of the Laws OF
! 1870 the judge may now In n s discretion. modify
or reduce the assessment to such amount ne may
,lestp lust. The wisdom OF this action was once
! appaitrt. The number Of proceedings brought Il
| yacate assessments has considerably dllniished
| since the passage 0 the oct.
by the ;,raseut Jaw, Substantial justice can I've
drtad between all the parties Interested. In OF
any fraud Whaling the transaction the whole prr.
error a mere rregularty sncn amendment. modiI-
eaton or reduction can be made as VIII relieve the
Adjacent uN neIs from overcharle
The further legislation OF 1871 tchaptcr bI3 sec
ton 81 proyleA, x that e expense actually incurred
by the corpOraAn tor local improvements may De
assessed upon the rropert, benefited VIII. II seems
10 me tend lurtnes 10 simplify the important and
somewhat delicate reh> tion between tue owners OF
the property adjacenl To- the Improvement and the
cuizens at large, as to llabiA,y for the expense.
In The appendix VIII be f0uhn D. lctaieu statement
OF the matters above icfered TO also ISL OF pro.
ceedinys when the title streets ~ ne opened nas
been acquired ny the Mayor &C aud ne iepoTis VI
the commissioners OF Estimate ana Assessment
have been confirmed BY tie supreme Court
Respectfully Submitted,
RICHARD O'GOGMAN,
I'M ~ .ft..sN