No. 52. IN SENATE. MARCH 11, 1881. REPORT OF THE CLERK OF THE DISTRICT COURT IN THE CITY OF NEW YORK, FOR THE TENTH JUDICIAL DISTRICT, IN ANSWER TO A RESOLUTION OF THE SENATE. Resolved, That the clerks of each of the district courts in the city of New York be requested to transmit to this body, a statement showing the number of actions and summary proceedings to recover possession of lands, etc., brought in said courts, or before the justices thereof during the year 1880; said statement to include not only actions in which fees were collected, but also actions in which free summons were issued; and also actions brought by the mayor, aldermen and commonalty, for violation of corporation ordinances; and also actions brought in said courts by any department of the city government, specifying, separately, the number of each, and stating the number of each class in which trials took place and judgments were entered; also the amount of fees collected and paid over to the comptroller of said city by each of said clerks for each month during the year 1880. By order, JOHN W. VROOMAN, Clerk REPORT. To the Honorable the Senate of the State of New York: In pursuance of the annexed resolution of your honorable body, served upon me, I respectfully make the following report: First. The number of summons issued in actions, during the year 1880, was two hundred and thirteen, sixteen of which were issued free. Second. The number of precepts and summons issued in summary proceedings, to recover possession of land, was two hundred and twenty-seven, for which no fees were received. Third. There were no actions brought by the mayor, aldermen and commonalty of the city of New York, for violation. of corporation ordinances. Fourth. There were no actions brought by any department of the city government. Fifth. The number of actions in which trials took place and judgments were entered, was one hundred and nine, of which fifty-nine were inquests. Sirth. The number of trials which took place in actions brought in forma pauperis, and in which judgments were entered, was seven. Seventh. The amount of fees collected and paid over to the comptroller of the city of New York, for each month during the year 1880, was as follows, to wit: January February March April May. June July. $139 00 28 75 33 50 43 00 26 00 33 00 37 00 August 32 50 September 37 50 October.. 31 50 November 15 50 December 40 00 Amounting in all to... $497 25 Eighty-six dollars, in addition to the above sums, was paid to the comptroller of the city of New York, on the sixth day of January, 1880, by Peter V. Clarke, then clerk; but that sum was paid as fees received in December, 1879. All of which is respectfully submitted. I am, very respectfully, your obedient servant, CHARLES C. BIGELOW, Clerk of the District Court, in the city of New York, for the Tenth Judicial District. New York, March 9, 1881 No. 53. IN SENATE, MARCH 11, 1881. OPINION OF THE ATTORNEY-GENERAL AS TO THE POWER OF THE LEGISLATURE TO TAX THE MONEY OF A RESIDENT OF THE STATE LOANED OUTSIDE OF THE STATE. [Referred to the Special Committee on Assessment and Taxation and ordered printed.] STATE OF NEW YORK: To the Honorable the Senate: · I acknowledge the receipt of a copy of the resolution adopted by Four honorable body on the 8th inst., and which is as follows: Resolved, That the Attorney-General be requested to furnish the Senate with an opinion as to the power of the Legislature to tax the money of a resident of this State loaned outside of the State." I have the honor to state in response to this resolution that the power of the Legislature to tax all persons and property within this State is unlimited, and is not restricted by either the Federal or State Constitution in regard to the subject of taxation specified in the resolution. The subjects of taxation in the State are "persons, property and business." 15 Wallace's U. S. Sup. Ct. Reports, 319. The property in money lent is a debt or demand existing in favor of the lender and against the borrower, and is usually evidenced by the personal obligation of the borrower, and often secured by means of mortgage or other liens upon his property. 66 This claim or debt with the attendant securities is personal property, intangible in its nature, and adheres to the person of the lender, and is governed by the law of his domicile, both with respect to the disposition of it and with respect to the transmission of it, either by succession or by act of the party." [Sen. Doc. No. 53.] 1 |