New-York tribune., 1871-06-13


RICHARD o'GoRMAN
REPORT.
CITY oF NEW YORK: LAW DEPARTMENT
OFFICE OF COUNSEL To TIE C0RpoRATIoN,{
April 20, lo1L
To the Hon. A. OAKBY HALL,
MAJOR Of he City Of Nc,o Tori;
SIR: In compliance with your desire expressed IN
letter 10 the Law Department, dated March 20, lS
siness of the office of Counsel TO the Corporation from
the LIST of January. 1870, TO this date.
since the date OF my report six hundred and forty
three fsi9 suits and proceedings have been commenced
against the Mayor, Aldermen. and Oommonaity OF tio
CITY OF New-York OF these two hundred ana severity
20 have been closed and of the suits and proceedings
commenced previous to January 1870 ninety (9O
There are now eight hundred and brtyone s3D snits
and proceedings in the otice against tic Mayor. ETC.,
pending and undetermined.
Tifeen 40 cases are noticed for argument in the Gem
eral Term, aud eight l cases notlced lor argument IN
the Court of Appeals Besides these nty-siA tV cases
The number Of written opinions furnished to the yar
us departments special questions OF law IL htynve
55) and three hundred aud ninoty-three $3.50 official
communications the business OF the departments nave
also been addressed ~ them.
Tn the Real Estae Department forty-seveu U7) titles
have been examined and lOrtynine G9 grants OF IaAd
under water leases, Deeds and bonds and mor cages
Appended hereto will he found list Of judgments
entered against the City from the date OF tie last tax
levy to the present time. ~
In this list are included not only cases in which tga
ton became necessary by reason OF the existence OF
doubtful questions OF law fact, but also various claims
against tie Corporation which have arisen from time to
Time and upon which (no substantial defense on the
merits existing IL deemed to he desirable TO have
the sanction of judgment Of competent legal tribunal
before payment. such OF these judgments as appeared
10 me clearly Just and supported by the evidence have
not sought disturb but in where IN my opinien
any doubt existed and the Interests OF me Cy required
adjudication by an appellate court nave taken ap-
In some of these cases where sut brought FOR
materials and labor furnished, was instructed ny the
Comproer that the altc.os and work were ieI"d Dy
the Common Council, aud the correctness OF the amounts
claimed properly certified by the clerks Of the respective
decIinn TO satisfy the demands. Such answers
possible under the circumstances we're lnierpose, or
Court on notion aud judgment directed tO DO entered
for tie amount of the claims, Ill, . ,,o ,,o. ,,,,.
certain had see SateTsd SSd by SeS se&ed
Sgnst dn thV 81 tSe rapers in teoe suts and was in
ignorance of the pendency Of the actions addressed
sbicct copy of which letter. together with the reply
of the Comptroller will lie found in the appendix.
o the law officer of the Corporation, and in direct viola
ton Of the law of 1865 chapter 6i6 section were wholly
would suggest that. for the future all papers served
upon any Cty official in suits against the ma, or Aidr
men, and COmnOnaty, aud Tor the cOnuuct OF Whlc te
Counsel to the Corporation may De properly heid re-
sponsibe should be at once forwarded 10 at ocer 10
order that appropriate actlOh may 10 '"Aeh oy MN
In the cases Of judgments obtained against the City for
adyertnc have BEEN I'm all snch instructed by
the Comptroller that tho bills in suit had been duly cx
amned "audied and certihed by the proper oicer III
the Finance Department as required 10y Chapter sos
Laws of 1862 page 2eO and that the reason Tor he non
payment the bills when presented was the TACT mat
he fund appropriated for advertising exhausted.
The answer of the defendants in each or these cases
be available defense. having been oyerruea by the
court upon motion upon the ground that the iaets aeged
pla have been thcreupon ordered by the court under
the authority of section 27 OF the Code OF Procedure
from nAt these judgments to the General TeT that the
decision of the special Term may be examined
As judgments Of this nature are the largest III amount
Of ali those obtained against the City, deem IL proper
to state that Judgments have been obtained against
claims have been duly audited and certified" as correct
in the Finance Department and the court Oh mouoh'
The leeisiafion of the session Of the Legislature just
closed whereby the Mayor and Comptroller are required
to lie the oca journal Of said CITY, together
with nine daily and nine weekly papers IN when aone
P4 diynisb eTpense while at the time the
citizens are supplied with all necessary Information as
to the action Of the City in which they na' oe spocS
E.eept npon this class of claims no judgment has been
entered against the Corporation uness upon .o 'iIo
of jury the report Of referee, after thorough sa
ton and trial.
PROCEEDINGS TO vAcATE ASSESSMENTS.
The supeestions which, in my report Tor the year l5J9
had the honor to make in reference TO tue modh9aon
of Chapter $685. Laws Of 1885, were adopted ~ te ~ sS
ature In 1870 BY that law OF 1853 the court where any
legal rregularity assessment was proved had an
thOrty only TO set aside he Shote aSSts @ egoh sneg ~
The Injustice Of this provision was apparent, ana by
reason of IT, IN msny @ ro on t at
large instead Of the adjacent owners oWncs, whose
nronerty more immediately received the benefit and was
LARGELY enhanced in value thereby.
By the amendments, Chapter SS3 OF the Laws OF No.
he ind
the assessment such amount rs he may deem just
The wisdom Of this action at once apparent. Ihe
number OF proceedings brought 10 vacae assessments
L considerably diminished since the passage or the act
Ry the present law, substantial justice can be rendered
feen an tbe parties interested. In OF any fraud
yitiafinc the transaction, the whole proceeding canbe
set aside ab iio, and In case OF error or mere resG
isrity such amendment, modification, or reduction can
Ice made as VIII relieve the adjacent owners Irolu over
charge. a. ,o-, ,o,,...o. ,-. .oa.to. "a
nrnvdug that the expense actually incurred by the
tornoratiOn for local Improvements may DO assessed
nnoi tLe property benefited, Will, 1t seems to me- tend
frher To simplify the important and somewhat delicate
relation between the owners Of the property adjacent To
the Improvement and the citizens al Large as To Liability
In The appendix win be found detailed statement OF
fe matters above referred to- and also st OF proceed
ings I'm hch the title to streets 10 be opened has been
acoured by the Mayor etc. and the reports or the Com
issnnora of Estimate and ASSESSMENT have been con-
fTmed by the Supreme Court.
Respectfully submitted, ~, ,--,.
CORRESPONDENCE.
April 7, 1871.
Hon RICHARD Il. CONNOLLY, Comptroller ~,
n = fed I'M