New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-03-02


THE GOVERNOR IN HIS MESSAGE INTRODUCED
| IN THE AssEMBLY-TEXT OF THE BILL FOR THE
RECOVERY or PUBLIC MONEYS.
TDY TELEGRAPH TO THE TRIBUSE.l
ALBANY. n. Y. March 1.-The third of the series of
Reform bills two of which have become laws, was
| introduced tonight by Mr.. Hammond, Chairman of
the Committee of WAYS and Means. This bill, like
its two predecessors, is known to have the full APP
prevail of Gov. 1ilden and Charles OConor, and is
the last and most important of the series Of enact
ments recommended by the Governor in his mes
sage for the prevention and punishment of fraud
and malversation by public officers. 1t gives the
State the right to sue in cases where the proper
official refuses to take action. and provides for
bringing suits when necessary in the courts of other
States and Territories and of foreign countries The
text of the bill is as follows:
AN ACT 10 authorize the people Of ne State 10 bring and
maintain certain actions for the recovery Of Pndhc
The peopie Of the Stae Of Ye,o- York represented in
Senate and assembly. DO enact as yoAoos:
SECTION Where any money, funds, credits or prop
erty he'd owned by TINS State. or held or owned
officially otherwise for behalf of any public or
p1biic corporation, board. ofiter, custodian.
agency agent Of city, county, village or other
STATE has heretofore without right, been obtained re-
ceived converted or disposed Of. ana not actually re-
covered hack and restored the OF this
act. unto the proper and lawful official receiver, depOs-
itOry custodian thereof, either IN specie or
by full and lawful compensation for the same
duly made, where any such money, funds.
credits or property shah be hereafter without
Of people OF tins Sae have, every such case. and
snl have a right OF action Or me same aud for any
damages other compensation due. recoverable. or
might be mad on account or by reason OF SUCH OBJ
tanning receipt conversion or disposition not~
ing right or action may exist by law for the same
public authority other than tho state, and
although action therefor may be pending. The PEG
ole OF The state corporate name. other
nlse shall he allowable may com 1I,''
cerdiugs IN the courts and tribunals or
other States Territories, and Districts ot the United
States, and OF foreign countries, IOr any O te "IOhEa
or causes aforesaid and On the commencement OF any
sch suit action, judicial proceeding AL the mchey'
funds credit, ana property the oD'loinS' .eori ,
version or disposition whereof may he therein com
planned Of together with all rgn ue ana hteres. III
the same. and all suts ana ac ne lno ciise ai ~
right rights Of salt aud action Tor or concerning inc
same ana f1r any damages or otheF eonpehsaton uut
recoverable that u ght ne bad on accouhtoI D reason
Of tae obtaining receipt cOuyer-On or disposition OF Ihc
same. ana all claims and demanus for such dama&es
and compensation II bo' 30 FfeNu4sIS 'cSte9 s ~
then forthwith he vested IN the people VI the STATE or
York ana are by force OF such suit action or ju.
proceeding, ana OF tLs ac tr.hoerred 10 ana
vested IN the people OF this State Ans acton by the
PEP w be coome1ced al any tImo within ten years
AFTER the cause OF acton shah accrue. and the time
durag which tine defendant eha be absent from TINS
stat. shall not be deemed pat OF the Iu4e 50 Limited
tor the commencement OF the accom-
SEC. q Where action has been heretofore brought
or may hereafter De brOugh by OF on behalf VI the
people any OF the causes mentioned in tue hrst sec
n 1t he a court this STATE, on the motion OF any
party thereto, say any other acton when may nave
benaf OF any puOlc authority other tnau me Sah'
whether not such authority be party to the action
brought by or on behalf Of the state, and may
vacate an interlocut0ry order In the action SO
STAYED. The said court If il oe court OF
m as psry 10 the action by behalf Of the STATE,
any pdrty action brought for lie same cause by or
Judgment in tae action, by benaf Of the s,ae,
sna bar to any action for tho same cause by or on
behalf OF any OtEeT public authority.
SEc o. A nv or On behalf Of t6e state IA the first and
a a l. Y,
money funds credits property, damages or c0mpensl
o - tlIs ,c urutloued or referred to- WOald not,
bi, act had passed. have been recoverable by the
S,a'e' and eoIta5le FOR the disposition
OF the proceeds Of recovery III such action 40 as to
rensate the lawful custody which was disturbed or i'm
I ~ the wrong complained o. or 10 cause appca-
non Of such proceeds DC made TO me objects and
poses Tor when money funds credits or property
was to DC raised or pIOcIred aer reimburs
inc the state Treasury of such proceeds for all the
exneDses winch may have been ncrIed by the Sae Ia
IN nremises Ia u petition, FLED against the Attorney
Genera by any corporation, board, officer, agency.
agent for behalf OF any dty, county, town, VII
La division subdivision, depar mt portion OF the
Sste in first section OF ths act mentioned which shall
! not have been party to the action prosecuted
when snail claim be lawfully entlted to the custody
CT disposition the said money, fuBds credits, or prop
erty inc Supreme Court, ~ any special term thereof
held in the County OF Albany, on summary apple
ton adc after the recovery ana actual receipt DY the
peope or the State Treasury OF any money, funds,
credits oroperty, compensation as afOre-
said may such order may be last and equitable
for the disposition thereof - ds 10 renstae the lawful
CUSTODY which disturbed or lnpeded by the wrong
complained Of This section snan apply to actions now
| pending 81, .,-
| wnere yer he shall deem necessary expe-
dent for enforcing the interests, rights or remedies OF
the people of this state may ana upon the written re-
ouest OF the Governor he shall institute and prosecute
any action special proceedings in tue cases mentioned
| in thib act.
SEC. g. on the application Of the Attorney General
any trial. motion. appeal, hearing in any action By
the people any Of the mentioned In the first
section of this act SHALL In all the courts OF this Stale
and without reference 10 order calendar DE
entitled preference over any other business what
SEC g. No act part OF any act which Is ircon
sisteDt with the provisions Of this snail be OF any
! effect, 10 prevent the iU!l operation OF tins act
sRc7 ncLn hall take effect Immediately.