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REPORT.

STATE OF NEW YORK.

ATTORNEY-GENERAL'S OFFICE,

ALBANY, January 9, 1893.

To the Legislature of the State of New York:

By chapter 683 of the Laws of 1892, the Attorney-General is required to report annually to the Legislature:

First. As to all moneys belonging to the State received by him during the preceding year by way of costs, damages or otherwise.

Second. The title and subject-matter of all actions on appeal, pending and undetermined, and the condition thereof at the date of such report.

Third. What actions, if any, have been brought by him during the year for the recovery of real property claimed to be owned by the State, and the condition of such actions at the date of said report.

Fourth. The title of every action brought by him during the year against a corporation to vacate its charter or annul its existence and the condition thereof at the date of such report, with a brief statement of the cause for which such action was brought, and the proceedings during such year in such actions previously brought.

Fifth. Copies of his official opinions during the preceding year, which are deemed by him of general public interest.

In pursuance of this statute, I have the honor to report to your honorable body that the schedules hereto appended,

A, B, C, D and E, include all matters of information required by

statute.

The foregoing are the subjects as to which, by express provision of statute, I am required to report.

There are, however, other topics as to the nature and volume of matters which receive attention in this office and which are not without interest.

BOARD OF CLAIMS.

The Board of Claims requires practically the entire available time of one of the deputies and a clerk.

COMMISSIONERS OF THE LAND OFFICE.

The various questions arising out of lands owned by the State, and particularly in connection with the Commissioners of the Land Office, and the certification of applications to the commis sioners, require much time and careful attention.

LEGISLATIVE BILLS.

For a number of years the Executive Department has had the advantage of an experienced lawyer, who assists the Governor in the examination of bills, and which practically has relieved this department of any labors in that regard.

DEPARTMENTS.

Of the various departments, as will be seen by the schedules, the Banking and Insurance Departments and the office of the Secretary of State require the greatest attention. The varied and large interests which are represented by the corporations reporting to, and filing papers in, these departments, naturally lead to the presentation of many questions and often give rise to litigation and legal proceedings.

The extension of the State taxing laws, especially as to certificates of incorporation and corporation tax, as well as the Transfer

Tax Act, has given rise to matters which have required much time, and considerable litigation has arisen under these laws.

This is but natural, as the laws themselves are relatively new, and require interpretation not always reached without judicial determination.

MISCELLANEOUS OPINIONS.

For years there has been growing in this department a custom which has become almost an evil. It arises from the fact that public officers seek to respond to respectful questions propounded by citizens.

Daily, a number, often a large number, of letters are received, asking for opinions on various legal questions propounded. It would be quite impossible, if it could be contemplated, that all these law questions could be satisfactorily examined and careful opinions written by any reasonable force of lawyers to be provided by the State.

Boards of supervisors, county officers, town boards and town officers, city and village officers, often, under an entire misapprehension of the duties of this office, write, asking for opinions on various law questions.

While on general questions, in the interpretation of new laws, such as the recent Ballot Law, the revised Election Law, etc., so far as time will permit, this department seeks to assist public officers in the discharge of their duties, it will be seen that it is practically impossible to comply with all of the requests made.

The chief objection, after all, is that no opinion rendered by this department on these subjects is either of judicial or even authorized official value. It may often lead to embarrassment.

It probably is impracticable to suggest any legislation which will relieve this department from the numerous questions propounded; it is hoped, nevertheless, that thus publicly calling attention to the matter may alleviate the necessity of explanation so often rendered necessary, in response to requests for opinions,

in cases where there is no requirement of law in that behalf, and when, if rendered, the opinion would be of no official value, and hence its rendition substantially unjustifiable.

It has been necessary to prepare various circulars, each series reaching as many cases as possible, in order, at least, to acknowledge the receipt of the communications, and in a measure seek to explain noncompliance with the request. A copy of each

circular will be found at the end of Schedule E.

ACTIONS AND PROCEEDINGS RELATIVE TO CORPORATIONS.

The provisions of law which require service of papers on the Attorney-General in dissolution proceedings and sequestration actions bring many matters to the attention of this department.

In some of them only a general supervision is given; in some, however, intervention is required, for the purpose, in a general way, of securing compliance with the law.

A wholesome result sought to be attained is the bringing together in this office, so far as possible, of all the papers in proceedings for the dissolution of corporations in this State. The effect of such a measure, if properly carried out, must be beneficial in providing at least a depository where a complete record is to be kept, and where, by proper entries, a register will indicate the proceedings in the winding up of corporations in this State.

APPLICATIONS.

During the year 1892, thirty-two applications have been made to me by parties alleged to be interested, to commence actions of various kinds in behalf of the People of the State of New York. Of these applications fourteen were made for the purpose of annulling the charters of or dissolving corporations.

Two applications were made to remove trustees of corporations. Eleven applications were made to institute actions in the nature of a quo warranto to oust persons from office.

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