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

CRY or NEW YORK LAW EPaRrMENr. !
OFFICE or COUNSEL 10 THE CORPORATION,
April "a. 1871. J
TO the Hon. A. oAXEy HALL, Mayor Of the Ci,y OF
sln-ln compliance with your desire expressed in
letter u the Law Department. dated March ~,
ls.l have tue honor 90 submit the following TO
port oi HE business Of the Office OF Counsel ~ the
date.
since the dare OF my last report 643 suits and pro-
ceeuiirs nave been common ed against the Mayor,
Aldermen and Cunmonaity OF the city or New Ork.
~ tac.e 10 nave been closed. and OF the suits anu
ptotesunGs commenced previous tn January !,
$50. W nave been lnaily disposed OF.
There are now 81 SUITS ana proceedings IN the
onice against tue Mayor &C. pending and undeter.
mined.
fifteen cases are noticed for argument IN the
General ietal AMI cases noticed lor argument III
The Court 81 Appeals. Besides these SO cases have
been Appealed
the NUMBER OF written opinions furnished 10 the
various depaTtments spe cal questions of law Is
81. and 3l3 ohlcai cOmmunca ions On The business
OF the departments have also been addressed To
In the Real Estate Department AZ titles have been
examined. ana ~ grants OF land under water,
prepared.
Appended hereto win be found list OF judgments
entered against ne city from tle date OF the hast
tax ievv 10 the present time.
In this si are Incuded not only cases in which
litigation became necessary by OF the exist
eace 81 noubtul questions OF law or flct hut also
various claims against tle Corporation which have
ARISEN from uilc TO time, anu upon winch tno sub
santia uclence on tue merits eAisting) It was
deemed TO 0c ieslra le To have the sanction OF
Judgment NJ competent lcsai tribunal before pay
meut Sucn OF these NJ ginents as appeared to me
clearly IN and supported by the evidence | have
no, sought 10 disturb, bur In cases where In nv
oInon. any ITO lJ cxisc l. and the Interests OF tue
cil required an adjudication ny an appellate COURT
have taken Appeals to lac General Term.
IN some OF tle.c cases, VIII sre slit was brought
for materials ana LABOR furnished was nstructed
by the Comptroller l.at the artcles lad work were
ordered by tue Common council AMI the correct
mesa OF the amounts claimed properly certified ny
the CLERKS OF the respective boards, aad That want
oil funds was ms ony reason or declining To satisfy
the demands. Such answers as were possible under
tue circumstances were ln,erposed. setting up inns
tact, but were ovcrrulcd by the supreme Court, ol
notion ana Judgment directed To he entered tor tho
amount OF tue eialnS
NV attention was recently called to the fact that
certain Judgments had been conferred by deiault'
against the mayor, Nc. A. never mad been served
with any papers IN these SUITS and wasla ignorance
OF the pendency o the actions. addressed Il letter
to the Comptroller asking Tor information on the
SUBJECT, copy Of which letter, together with tne
reply ol the Comptroller, VIII be found IN the a.
pendlX.
These judgments having oeen entered without
notice to the law officer Oh the Corporation, and IN
direct VOCATION OF the law 1888, chapter $40,
ton 4. were wholly invalid and nave been formally
set aside,
woald suggest that for the future, all papers
served upon any ciiv otlciai IN suits against the
MAYOR, Aldermen and Couimonalty, ana Tor The con-
duct OF wnca the COUNSEL 70 TIL, Corporation may
be properly held responsible. snould be Ut once ior
wardcd to that officer IN order That a. proprlate ac
ton may ne taken ny liui tnereOo.
In me cases % Judgments OBTAINED against the
city for advertising have been ia an such cases n
strucsed oy the Comptroller that tie Diis In sal, mad
Dcen ugtv examined 'uNliited ana certIuel" Dy the
proper officer IN the Finance Department, as re.
gurcu b. chapter So, Laws OF 1893. page 2,U0S and
thar Cnc reason for the nonpayment OF the bdIs
when presented was the fact That the fund apprO-
priatcd Tor ADVERTISING was exhausted
The answer ol the delendants Ia each OF these
cases. scsn9 UP tnnt TACT aud any other fact which
seemed 10 ne availaDe Us a de.ence, having been
overcued BY The Court upon motion, uIon The
ground lnul the facts alleged failed to establish a
legal lie ence, judgments Tor ihe piahitins have
been thereuDon ordered by the Court under the au-
thority Of section =. Q, the code Of Procedure:
n.fv 4
peat icm the 20 Judgments 10 the General FERN 80
that the decision vi the special Term may be OK.
ahmed.
AS judgments of this nature are the largest in
amount or all those obtained against the city.
Geeai II proper TO state tn;tt no judgments have
been obtained against The c'ty on claims Of t0is
nature, unless where the said claims have been
duly ''auditeI and cerined" as correct IN the
Finance Department. ana the court on motion has
authorized the entry OF the same
The legislation OF tho session OF the Le9tslss,,ra
Just close l. whereby tHe Massr and Comp ,,er a,o
required to designate ole daly pa.r ,;,ls s,,sc m
the cry q New loT1 70 be ~ ocla oarna. sald
papers IN WIZ alone corporation notices. &c. shall
We pu'--.sned VIII, lr Is hoped, uiminsn expense,
while at the same time the cItzeDs are supplied with
NIL necessary information M To The action Of the CITY
In which they may he specially Interested.
Except upon this class OF CLAIMS no judgment has
verdict OF q Jury or the report Of referee, attor
thorough litigation ana trial.
PROCEEDINGS 40 vACATE ASSESS hENTs,
The suggestions which, IN my report esr the year
1864, had the honor 10 make Ia reference 10 Inc
modification Ol chapter 3Js, Laws vi loyS, were
adopted by the Legislators IN 1870. Ny that law Of
1855 tue Court wb.fe any legal irreguArty IN as
sessment was Proved had authority only TO set ASIDE
the xuOie cSsessment even III cases where trliiDg
excess 0f expense was alleged. The injustice OF THIS
provision was apparent, and, by reason oi II, in
many instances The whole expense oi Iota I'M
proSement has been thrown upon the taxpayers at
large instead OF on the adJacen owners, whose pro-
perry more fmmeoiatcV received iHe bCutnt and
was largely enhanced IN value thereby.
by the anleudnenls, chapter 3s3 VI the Laws OF
1870, the Judge may now, In discretion. modify
or reduce the assessment to such amount may
1esiu lust. The wisdOm OF this scflon M once
appaic,t. The numDer Of proceedings brought t.
yacate assessments has considerably dilRiuished
since the passage 81 me act.
ly The ;.aseut Jaw, Substantial justice con I've rem
deied between all the parties Interested. In OF
cesu1Ng can be SEE aside 40 n,tie, anu IN casr OF
error d mere lrregularlty sacn amendment. modin-
eaton or reduction can De made aS Will relieve The
ADJACENT uA. ners from overclarle.
The furthe1 legislation OF 1871 tchapter 5I3, sec
tlon 81 proyIdAg that tle expense actually incurred
by the corpOraA'n tor local improvements may be
asscssce lun the property benefited, will " seems
to me tend Iurtnef 10 simplify the important and
somewhat delicate Teh> ton between tue owners OF
the property adlacenl TO- the Improvement and the
culzens at large, as to iIabfAs Ter the EXPENSE
In The appendix VIII be i0uiln aIclaiied statement
of the matters above Iefered an also si Oh pro.
ceedings III wblch the title 70 streets pe oeneu has
been acquired ny the Mayor, &C aud he Reports VI
the commissioners OF Estimate ana ~ sessment
have been confirmed BY tee supreme Court.
Respectfully Submitted,
RICHARD OGOIMAN,
Counsel u the Corporation,