The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-05-10
YACHTING ASSESSMENTS.

AN IMPORTANT BILL BEFORE THE LEGIsLA-
TURE-MILLIoNs OF DOLLARS INVOLVED
THE CORPORATION coUNsEL's OPINIONS.
Mayor Ely has transmitted The following communal
cation OF Corporation counsel Whitney tho Speaker
OF the Assembly relative to n bill before tho Leg
slaurc, entitled, IAN act TO facilitate the removal Of
clouds and apparent liens upon title TO real cstae"
OFFICE or S Sovs sass or s ECnsor ,sz
siR-l have examined. you requested. Senate bill No
!, now pending In the Assembly, entitled An act TO ac
t"e the removal Of clouds ana apparent liens upon title
Tho bill worry short and exceedingly comprehensive; 1t
gives right OF action 10 remove apparent or alleged liens
validity OF instrument deed contract pub
70 real Which BE- m r Of
any clerk or In any public office or department within this
The second section provides The grounds which the
validity charged complained Of with
such Hen instrument decd rmct mo,g"ge public
defect is patent or otherwise
will endeavor to make plain Just what this bill does Il
Consider first the subject of assessments =:
l. 1t provides new form OF action for the vacation Of
The form Of remedy against unjust and
prsms Court with rrh. j appeal to saprsms Court Gem
iss and tas s@esd$ssi. shse'sl sis. Laws Of
The present system o. procedure il these cases has been
in practice for nearly twenty wears during when time
and been and the law and practice have
1t is simple. summary and expeditions 1t gives author
ty TO either reduce vacate the facts
There is certainly occasion for form Of remedy
But 60 real vciousness Of the bill Is that cnacts
n or % S s should s s ns "ss
millions o. collars TO- 70 the city Of New York
for by the municipality out Of raised BY the issue Of
bonds and The city relies upon the Assess%ea which IN
benefited by the improvements for the means TO pay
For several years PRIOR to 1872 these PROCEEDINGS
conducted with srsat careessne;s ana at al times y Is
shall not occasionally occur
thcn existing laws any resnlariiy was SUM
% to OF ] s.ss "ma
In the ssgreEate 70 millions OF dolsrs whereby the
cry benefited thereby the shoulders
@ Guy ,S o s sssns 70 s s
lure sousht 70 remedy BY chapter $50 Of the Laws Of 1872
posed other ground than fraud except in certain
ss ' 10 all
ments "thcretotore or thereafter imposed"
and ns
s @ not sas TOY
IN VIE a Of ae ss p hs q
step the vacation s Of assessments ss
I the m"knu 81 ~
IN the publication OF the ordinance in corporation papers,
%
door the Of sSo
our municipal DEBT.
consider that provide grounds this for
OF would be very prcjudicial
public interests.
The hi also affects purposes taxa
ton Under the existing laws feeling
the valuation adc OF his purposes
ton apply the Commi OF Taxes and
ments 10 correct the and their decision may
versed by the Court certiora when reasonable
inst grounds exist therefor.
The application to tho Commissioners must be made
during the time the books for vix be-
tween the second Monday OF January
May The Commissioners also nuthoriz ID remit
tax after been laid and within Blk months
after the delivery OF the list to the Receiver OF
Chapter SOB Of the Laws OF 1850 sections T. o. ~. IL
aud 2O.J
These provisions calculated to afford full and ample
remedy In all cases OF unjust erroneous taxation The
public good requires that taxes should collected
speedily possible and that all the
therefor ana to the list itself should be
before tho confirmation ct the IL is we'll there
FORE multiply modes whereby their collection be de-
ayed embarHsseu always providing nat efficient
OF redress against positive wrong be- secured. aud such
certainly secured by the laws reat.
ing to taxation In the city OF New York.
by this bi i'll should become law after the roll
had been completed and the had becn levied
fact without limit ~ to time action be brought
vHcate for the OF taxation,
the ground Of irregunry technical defect In tho
proceedings cannot that the nature Of this bill
has been understood and trust such lens will
DO made with regard to 1t hat II not become law
am, sir, yours respectfully, W. O. WHITNEY
Counsel to the Corporation.