The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1844-05-24
Supreme Court.
Before Chief Justice Nelson and Judges johnson and
Beardsley.

Striker u.s. Thomas K,uu-TAis important case which has
occupied the attention Of the supreme Court for the last
action brought againss the Corporation by the
plaintiff who held under lease certain premises IN the
vicinity OF the Ninth Avenue from General Striker. The
Corporation in opening the Avenue what is called
the Bloomngdale Road. in virtue of the City Charter
came alleged right levy assessment from Mr. STIR
ker The premises sold out in the interim. in CON-
plnce with the requirements OF the statute Mr. striker
brings the action on the grounds oil the legany anu tne
unconstitutopalty Of the proceedings Of the Common
Council The interest created from the TACT OF MIR WE'D
being employ Counsel against the Corporation
drew together crowd Of persons which rendered
the Court difficult of access long before io O'CLOCK
When the Court sat
MIR. WEBSTER commenced his argument BY defining the
character Of the before the Court which involved
certain proceedings relation to assessment The CUES
ton arose not between third parties but between two
parties directly The defendants title became the main
question The defendants alleged that Plaintiffs title
from certain proceedings the part of the defendants
rendered invalid in law. These proceedings were
taken after apply private property Tor the uses Of the
ownership property had laerly attracted the atten
ton Of uriss of high characters and since his arrival in
the city he had read the opinions high judicial author
,y who said that il might be called "disting bo
rough rage" was well known that the corporations IN
England had the same authority theirs and he was OF
opinion that there authority in the London corpora
for taking down asnge house in the exercise OF their
power The Chancellor gave as his opinion that Pri
he would turn on him and say that individual he
had his right which he would enjoy and his rights were
He hna too pespec for his
character and entertained tho high sense Of what was
due to the to he led away ny any ha asa
before the court that would be deemed inconsistent with
what was due to them but in pro- eeding which took
be sted and vigorously examined and he may be per-
was grounded wer" adopted in New York it was peculiar
70 New York and where else-t was New York idea
The court to decide the according to the law as
stood aud the corporation claimed under the statute
for public uses" he knew of denomination SO indeh
mite the words public use The corporation take the
pery for public uses but whether for the north or
the south person knew anything about It, The first con
suction Of the law that in proceedings which
derogatory to right every thing prescribed
by tho statute should be proved. step by step, and
thing could be presumed without proof and such pro-
position well supported by all the reasoning in the
world as it was by the Court-every power granted by
particular satuteby the exercise Of which private pro-
perty was taken away was power ina. should ne con
be The present went upon the ground that com
peed in the first place to take benefta benefit
which began in grace and ended in infction-ths bene
fit forced upon him. charged him with debt, which be.
lien his estate The taking Of private property
the taking of the property in question the city contracted
debt Of $40 0O0 and that debt incurred for public
It twas common principle under the Magma Charta
to deprive Of his propertywithont process Of and
learned and very Judge Chief Park
governments was more dangerous than in monarchica
The of s4 took away from the purchasers the right OF
entering upon the premises purchased without giving six
months notice. His learned friend MIR. Emmett, had ad
dressed the Court yesterday the constitutional ques
ton involved in the and he, therefore, would apply
himself for the present to the general question It ap
peared there two questions in relation to the validity
which it was impossible for them 10 get over Inc mrs.
was the want OF all PROOF NJ the rIai 10 snow the exist
of unpaid assessment Before sale takes place
the law requires the publication or snGn
sale; but such not being gwen, was conclusive against
the defendant The trial in another court went Oh by
bill of exceptions and the ruling Of the judge involved
all the particulars The law of 1918 made the amount Of
cess lien on the He believed that the sale took
place in the present instance under the act OF 1876 That
nc. ar .na' w made the coe
tor should first make adavn tnat the owner VI Iei'
refused to pay the sum dsmaaed, ana /. ,ne OWE VIE
could not be found in such case they shon ake an os
for advertising the land Tor sale Az the ra IN tne oe
Court this affidavit has been called Tor and was not
cedthere was no proof OF ITS existence Inc aatno
to sell from the fact Of there being an unpaid assess
men The afhdaVh was tse statutory provision .hue h
Act and it not applied The case as applied made
third party responsible for the acts Of two The statute
required that mere shouid De conclusive va
me sale was regular 20 ,ne m rsS,;n h
AIT and also was suhclentiy eXpc III reiston 70 ne
ahdavit In 10 johnson Hepo'ts-,ne case o. oss,S VS.
Moh-here was striking analogy between thse cas anu
bo there must be conclusive evidence on me act o @
sae"and they had that there was no evoence
ed IN the Court Deiow MS learned Iiea on Tue opp
side had referred to two cases in bu hey
fnnered from the presem mere WIS aD,nsi w.
the section the amended Charter which
where ali resolutions and reports proposing improve
ments or taxes in the city should entered and publish
ed in the newspapers and at the "ayes and nays"
should he taken thereon This had not been DONE The
said that it was matter of law between taxing
assess;nr which was pecuar to the charter and if so
thsv sbsnd mt have rejected requirement SO impor
tani when the object was Improvement The resolution
sbonid then have been nassed The object of puttng
nrov;ssn into tbe charter was to protect and
Glv oard The rights of parties whose property was in
uIyo5 rha charar ,yay Drawn and nrenared Nv com
mttee of citizens Of New YORK and made the recording
of tbe Havesn and nnavsn sn.cic requirement on al
no;,;ors IN asse.smer,. ~, nronervn He found The
aso In Inc cb,r,er that where nublc expenA
,a ,a. r.omr.dh, tha Common CouociI in snv sucb
case rs tho thew were bound TO publish such
nyocso,;n. ,msJ;ot'iv after adiournment The Board
anne 20 ne IN The oob Of juiv and thew did
not publish II until the Goth of July In the case
annnntment of oversecys of tbe moor which brought
,bcm bach 70 aad Eljzabetb the ground was taken
tho court said that that was the great Magma
CtSr, NOV iaw th;s ,vos one of The great fnnda.
mental maxims of regulation in the construction Of
,ha it hrer ard i vonld he dangerous 70 defeat
Tho hores and cxnectat;ons Of the peope of the Con
ven,op under which the charter was framed He would
- ,,roca.S e. cnns;der tho question The