New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-01-29
NEW.YORK ARMORY CLAIMS.

surs TO PROVIDE FOR THEIR PAYMENT-A PROPo-
sITIoN TO GIVE LEGAL STANDING TO CLAIMS
Thrown OUT OF COURT-sENAIoR DAADEN FRO
POSES A SPECIAL COMMISSION.
tyRoM TIiR REGULAR CORRESPONDENT or TIKI TWHUNE.l
ALBANY, Jan. 2S.-The long standing claims
For rent due for armories in the CITY OF Newiork came
mn in three separate bills to-day, in the Senate and
one I'm the Assembly Senators Baden and Bixby and Mr.
Etrahan in the Assembly each Offering one senator
Baadens bill provides for the appointment Of three Com
issoners within 10 days after the passage of the act
BIZ the Mayor and Controller, vacancies in the Commits
sion to be filled by the Mayor All claims for rent upon
leasaa heretofore executed by the Supervisors for
srmories or drrooms and all claims for use of build
ins for such purposes, may at the claimants WISH De
referred to the Commissioners and be heard before lhe
on written notice of less than 10 days 10 the corpora
ton Counsel Upon this hearing, witnesses may De eN
amined on both sides under oath 10 be administered py
the Commissioners. ANY Of the Commissioners snail
have power TO compel the attendance OF witnesses by
subpoena.
The bill further provides that any allegation OF irHuu
IN the procuring of such Lease shall be ssed upon Oy
the Commissioners, who also TO ascertain What' ~
the time Of the execution Of the leases was fair ana
reasonable rent The Commissioners are to certify ana
report in writing and file in the Office OF the County
Clerk within 80 days after the submission OF the caim
their determination and in any case where they certify
that no fraud in procuring the leases has been proved
before them, the Mayor, Aldermen, and CoinmonaIty
shall be liable Slcn leases OT inc ptIlVNo
which rent was not paid at such rates n shall be cer
fed TO be fair and reasonable and the Controller OF tie
city shall pay the same notwithstanding tie invalidy
pf the leases and in the OF lease which the
Commissioners shall certify las not expired Jan. 1876
suoh proper rent be made they shall decide upon
and such lease is hereby all respects declared TO be
and made valid and bincng" In the case of premises
that were occupied as armOrics and drill rooms after the
expiration Of the lease shah be paid at the rates
the Commissioners shall certify and report up to May l.
1876 and he Controller is REQUIRED to pay the same
Senator Bxby in the Senate, and Mr.. StTahan In the
Assembly introduced bill which deals with the actions
In the court ard which seems, in short, to be bill to
give legal standing claims which have been thrown
out in for fraud nionalty. This provides
that neither invady OF any lease heretofore exc
cuted by OF at Of the Board of supervisors OF
the County of NewYork Of premises used as anores or
drill rooms In the City of NewYOrk any defect in
the legal power authority OF such Board to authorize
work or expenditure thereon. shall operate 10 bar or
prejudice any claim for done materials furnished
subsequent July l. S72 prior TO the passage OF tho
oct in or about the repairing fitting OF such
ries or dr1roOms, any action suit brought TO TO
cover tho amount due. provided that 1t made to ap
pear 10 the satisfaction Of the Jury court that there
was no fraud In the ansaciion The provisions OF the
act are to apply actions which have been brought TO
reooyer such claims and in which decisions or Judgments
and where claims have been defeated in the courts DO
cause OF the invaidy and defects just mentioned In
such cases the plaintiff shall be entitled trial by
notice in writing 10 Corporation Counsel within 80
days after the passage Of the act