The New York herald., 1871-09-12

e1sun9 ~. Liabilities against the said ~ ana oounV
ss tne mme u Or tho passage OF SAID scts ..,....
such audit were eiIher false or fraudulent.
And this dep0nent further says that the ,ymeno
and sonds
anu rn@er sse ~ sne 3 Of secons and q
cpsnsT SsI s "a o sa Of 1870 and OF section 10
And TINS de2onent further says. as to the aega-
plant folos forty and forty one thereof that the
provisions OF tho laws Of 1870 ana 1871, referred to
believes anV aOpcstion whasevcr TO anc
incurred by the Common Council for the paving o1
streets formation OF sewers. and tue like descrip.
t0n OF work. that BY chapter 397 OF the act OF the
Legislature Of the STATE passed April 16 1852 tho
officers OF the city are authorized 10 issue bonds foe
Incurred q 70 Ss I1carred On scdsan q lie I'M
provcments aforesaid, and on account OF oil other
ordinances passed by the Mayor aldermen and oom-
monaty OF said cty. the expenses whereof are DO
pcrty benefited by said WORK or works and by sec.
ton Is OF chapter $40 OF the Laws OF 1858 tho
corporation or said city is authorized to borrow,
from Time to time, such amounts as may be required
to meet deficiencies caused by delay in collecting
That as deDonent is advised and believes the last
aforesaid provisions OF the act OF 1870 and 1871
apply only to expenses incurred for the city govern
| ment, as mentioned and provided In section 2 OF
chapter $50 or the Laws or 1871 and do not relate 70
expenses or expenditures for tnat class OF city i-
provemenIs which are ordered by the Common
Council. and which are ultimately 10 be paid by
upon Tne properly oeneate@ eS1! shsreoy
taned III section 10l OF chapter 574, and such SEQ
ton also makes provision Tor an annual estimate BY
the board thereby created for the various sums Of
money required TO deray the expenses OF the
| various boards, commissions ana departments Of
the city government, the interest the city debt
and lhe principal falling due, and for charitable OBJ
ccls and that as this deponent Is advised and be-
neves II Is entirely lmpractcabe 10 include In such
estimate the expenses for opening, paving and regu.
lating streets, formation OF sewers, anu the ike
description OF work. that the extent and character
| OF That class OF Improvement and work, and the
probable expenses attending the same. cannot bs
anticipated with any reasonable degree OF accuracy.
nor IL 1t possible for the Common Council OF said
| city, when ordering work OF that character to be
done 10 make any appropriation therefor with any
reasonable approximation to the amount Of its cost.
| That although the expense OF such work is prt-
an absolute expenditure on Its account but Is reim-
bursed by assessment upon the property owners for
an expense incurred or made by the city in the
sense OF said provsions nor is 1T OF the character Of
expense contemplated by the said provisions OF said
That by chapter sSs OF the Laws Of 1871, com.
caed ~ s %G p pGF e sn
toned IN said act including the expense OF said city
ana county government, Is Limited to SO 600
imposition OF two per cent tax upon the valuation
OF the real and personal estate OF said city and
three millions OF dollars; that as near as this dep0
nent can estimate The expenses for the 1870 Tor
the purposes mentioned in said paragraph II, they
exceeded the sum Of s5,Ooo,OOO, and il that sum
should be deducted from the said sum Of s2s OOO
tOgtt ther with the other first TO be paid there
| would De impossible to defray the ordinary ex-
a a1o Of @ lax s
is advised and beeves that the said provisions Of
the said acts Of 1862 and 1853 are not repealed and
this deponent has, therefore, ON the certificate Of
the Commissioner Of Public works. Issued bonds 70
| provide for the performance OF the work mentioned
In said paragraph IL, and, unless otherwise In
| sructed by the Court shall continue SO to do.
And this deponent further says that the Board Of
Apportlonment created by section Of said two per
cent act have construed the SAID several acts In
conformity With the Interpretation given them By
this QfOreS1ld: and. In the aDDOrtiOu.
ment directed Dy said section TO DC made Dy
poNn aye OF nGs ssd s tax e e msn
toned in said section and the said Board in appor
tiOnng the said tax among the various departments
| and purposes OF the city and county governments.
| have not IN any manner considered the expenses
necessarily incurred or TO be incurred for the pur.
poses of opening repairing and paving streets and
the formation OF sewers and for such like descrip-
tion OF work. for the establishment or improvements
| establishment OF the city ana necessary for the
health comfort and convenience OF the citizens OF
construction given to these laws, as GAINED by the
complaint, is sustained works or the above charac
And this deponent further says that In answer to
the allegation contained In the twelfth subdivision
| proposed or adopted with any view or purpose OF
adording relief against the administration OF the
city or county governments, us charged IN SAID para.
! graph, but to systematlze the form OF government
ana TO Charge more direct personal responsibility
upon its several officers and secure the Improvement
ana prosperity OF the city and county; and said act
| was proposed aud advocated by the several city
IL.
| was Violently denounced and opposed by those
acting In sympathy with the plantn in this action.
and lor ono among other reasons that by said act
the city officers were authorized 10 Issue the bonds
OF the city beyond the limitation Of tax imposed by
| And this dcponent further says In relation to the
allegation contained In paragraph seventeen or said
compliant aIat 1y an e act Of Inc Legsat9re are OF the
Laws OF that year, this deponent as Comptroller Of
said city 70 create pgDc % NC fund 20
New York, and to Issue consolidated city stock upon
sucn terms and conditions as he shall determine, TO
pay OF ana cancel any bonds or stocks or SAID CITY
| falling due In the year 1871, and also to pay the
amount required TO be raised IN said year for tho
annual instament on any OF the STOCKS of said ctyS
and by chapter 32} OF the said Laws Of 1871 this de-
ponent ls also authorized 10 create fund to be de-
| nominated Consolidated Stock OF the county Of New
| York, ana Herewith TO pay or and cancel any funds
or stock OF said county failing due In said year
| 1871. and also TO meet the reQusitions said
county by the state for the payment OF the bounty
debt In SAID years that oy section 10 or chapter $50
OF said Laws OF 1871, the two last named acts
continued unimpaired aud in full effect; that in
cOrdance with the authority conferred by said act
this dcponens has created the funds which they con-
template, ana has determined to issue said C0nsoli-
dated Stock OF said city and Of county, for tue purpose
due in the year 1877 issued respectively by said city
and county, amounting To about nine millions Of
conlorincd to the directions contained in section
| OF the said TWO Per Cent act.
And THIS deponent further says that It not true.
as stated paragraph II Of said complaint that the
said Board OF Apportionncnt has failed To set apart
so mucn Of the sum 70 to be raised oy tax as a!ore
OF the interest bonds and stocks OF said city and
county which shall become due and payable from
taxation; Is 1t true that they have aled TO set
apart SO much as may he necessary TO pay the pro-
portion OF the State tax 70 oe paid by the city aud
county OF New YORK IN said year. And this depO-
nent says that by the said acts for the consoidat
OF the debts OF the city ana county OF New York
spectyely 1t Is provided that the supervisors snail
provide by the levy OF taxes for redemption OF stock
| issued by this dep0nent under said acts aud the
payment OF the accrung interest thereon, whereby
IL became unnecessary ana lniprOper Tor this dcpO
ncn or the Mayor OF said city or any other persons
other than tho said Board OF Supervisors to mako
| any provision fot the payment OF tho said sum OF
| about nine millions OF dollars OF CITY and county
debts falling due In 1871.
| Aud this deponent further says that by section
or chapter 3S2 or The Laws OF 1870 and by section
OF chapter 3S3 OF the laws Of that year, this do.
ponent IL authorized TO borrow upon tho credit OF
i Slll rasneCLiNelY. In QQflClu1c