New-York tribune., 1841-10-27
CHANCERY REPORTS.
Reported for the New York tribune. exclusively, and
corrected by the Assistant Vice Chancellor
IL CHANcrRy BEFORE The ASSISTANT VICE C"AHcELLoR-
STREET ASSESSMENTS. LIN CHANCERY
Peter q. StuypesGni,
Thomas E. Darts, AID others,

The Manor aldermen aud Com
nOTGlty oCthG CITY Of Nec- loTk
OPINION OF MURRAY HofrNAS, ESQ, lsJUNcrIoS MASTER
The bill is brought before me a. Injunction Mas
ter. have been obliged b. my sense of duty to
gran, an Injunction in this and several the
eve of the sale advertised to take place the 9th
inst am sensible Of the inconvenience TO tho
CITY from an interference at this time and do i;
with unfeigned reluctance.
But am thoroughly satisfied that more palpa
bic and perncious disobedence of law hes never
marked the course of any corporate body, than
charactcrzes the proceedings complained of.
have deep-rootcd conviction that ultimately the
decision mast be against the Corporation and
believe that jurisdiction exists in this Court 10
compel the Corporation to Try the question fairly
in q single action at law between them and
planning party. | think it is within the province
of this Court TO prevent an innocent purchaser be-
ing deuded into litigation and probable loss, and
to conhne the controversy to the alleged wrong
door ard the injured parry. This strikes ne as
the plain, Just, and common-scnsc view of the mat
ter. Theirs are in this bill number of complain
ants, the several owners of various. parcels of pro-
perty. They may all be bound by tho result of one
action. Thus, with perfect justice TO the Corpo-
ration, these questions may be tried in the most
simple and satisfactory mannsr, aud contest wiki
third party evcr,ed.
There has been opinion as yet expressed by
the Chancellor upon the point Of jurisdiction, and
am at liberty to ac, upon the assumption nad my
own convictions that it exists,
may in a case Of such moment briefly advci; TO
tie reasons which led rae on "a former occasion TO
consider the ncslcc, OF the Corporation TO call the
ayes and roes, and make the publication prescribed
by the charter of 1880, fatal omission.
THE Assi,,an, Vice Chancellor facts Of nj,
opinion ia the case of Codese the CorporGtioS, which
must emit present but which will be found in The
Weekly Tribune on SATURDAY next He then proceeds
Bu, in the present bill new pom; is taken of
much consequence. The proceedings for opening
Art-strcet commenced in April 1887. The Report
completed, and the advertisement announcing
that it would be presented to the Court for contir-
nation began on tie 18th day of MAY. 1889 The
Report was filed on the 9Th of June, 1889, and
confirmed in the ensuing August 1t is stated in
the bill that, from the examination OF the nidavit>
ct publication, and the advertisement, II appears
that the publication was MAIDS in bu, three sapers
and does not appear that any Notice was affixed in
public place contiguous to the premises |; /,
charged : fact that the advertisement w.as onl,
in three psPcts, and that such Notice was nu,
up.
BY the ninth section OF the &C, o: 10Th Anil
1889, it ia provided that all motions (except a.
before provided) made under the act thereby
amended, shall be- upon giving previous notice of
the trial. place. and object thereof. published
for at least fourteen days in four OF the pubic
newspapers and by copies OF such nsiice in hand.
bills, 10 be posted up for tbs space OF ;iNe in
three conspicuous places adjacent TO the rroPerss
10 be affected (See section . for this last clause.
|, admits of no dcaLt that motion for the cor
irmaticn of the Report of Commissioners falls
within this ninth section.
The act repeats the amended &C, fsr a. 1t is
inconsistent with the provisions of the new ac;
and it Is directed to t,ke efec, on it, passage;
(the 20ih OF April, 1880 but It expressly FRO
v.ded that part of il except the ninth and
tcelth sections shall affect any proceedings under
the act thereby amended which had been com
menced previously 10 It's going into effect
IL is an irresistible inference ;aat the ni.th and
twelfth sections do affect prior proceedings, If
those sections, when applied to such proceedings,
are Constitutional.
OF that | cannot entertain the slightest doub,.
Both the Chancellor and Supreme Court have held
tina, the Revised Statutes are applicable TO all
isting cases, - far Us they ah.c, merely the fern.