The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-12-15

Livingston ssssntsd and they go before the
ssDmissioners and they waive al irrssuary In their
Hons and in that contract they spulate to DO not
" DO certain things and when tbs commissioners make
pany Now, contend they have made an Agrsemsnt
more binding they hare into this COURT and OBJ
tanned rule Of court making these procssdnss bind.
20 ascertain the compensation to be made 10 Mr.
Lvingston for the land TO be taken and ask 10 shsrs
any thing doubtful IN those words has net the rule
been made the commissioners appointed their award
made certain amount Of compensation granted, ana
ns s1 h. Tr they have
paid the money will the Court permit tn. m 10 take
advantage of their own wroDk and say that thy VA,
not abide by their except on their own
terms! For my part, think the Court cannot
fail to that this is most barefsoed attempt on the
them,eyes Of the condemnation awarded the former
valuation. Your honors am persuaded whi no. per
NIT the to be thus defed, nor Will you permit THIS
Com pany to take the property of individuals by al
lowing them time totime to come into this COURT
al =, snStS thew succeed in getting the property Of
tbe citizens at their own valuation.
The Section of the act of lsis declares that they
may alter their line, but contend that the sta
tate is be construed strictly against the company
and In favor of Mr. Livingstone The rule Of law is,
whore there Is any ambiguity In railroad acts they
shal be construed strictly against the company The
act requires that when the company have onoe got
nsosssary to their title Task they sac
at to take of q few more feet Of Mr. Livnsstouss
land are they again to turn round and get new va
1ustion for the land that has been already valued!
Mr. Livingston ia under contract to sell his property
he has lost his interest and not only himself bat his
representatives bound by his contract, an
hold that IL is much for those who have got his
rights to come in here and that bacaue they have
any further and will not complete their contract
have only to say, and now make the err that they
can get their deed Whenever they ask 1t and pay tue
the deed has been always ready aud Is st this
moment In
Again, il you want to have more land you may have
rev missisn and award for 1t but certain
ly
already been valued and awarded. For. lot me ask,
what are the principles upon which awarfs main
tained? 1t H. that Mitigation may b. prev snted; il
the award be opened up and new valuation granted,
many things may happen In the mean Tine tnst may
may die, bis property msy be- burned aud Other cas-
uaties may occur, which you'd completely Leave him
1t the mercy Of the Com pspy In fact any OF those
pslties would release them altogether and
to rjectea to all thofe for the bene-
turs could have intended that this Company mi 1ht
often they liked come into this Court and a
Intentional though their couusl says that they
may have as many awards as they Ike If that bs so
they Dsy go on TO nsnity. But cay che lea ssture
never intended to give there such power also In
sst, and 1t so appears that they have made atera
lion in their line; they be said, lis true only
gong 10 take so much" which t1ey have marked oat
by blue line the map. but insist that blue
line Is part OF the road-wnat then does it m-an7
1t means nothing under heaven it Is an imsxi lary
line mere prttence to deceive and impose upon the
Court.
In this pretended line they have made thrse curves
there was only one in ths FIRST line. Now, L tell
the counsel on the other side that 1 am en- yiu.er
enough 70 know that three than one,
and that straight line Is shorter than crooked one;
and 1t to be pretended here that because they
false line the map, that property Ia to be sacr
Seed Here would suggest to he court that there
stipulation made by the agent Of this company
wbish is all important to Mr. Livingston HE proper
ty may be destroyed by the malice Of this conpsuy,
they not compelled TO carry this stipulation
which they they not bound to do, their agent
having no authority to bind them I nov ask the
court they this false pretence Ito override this
stipulation and totally destroy Mr. Livngstons pro-
psIty by building In front OF It, They deny they hai
any knowledge Of 1t but assert they knew am
the day IL executed; but at all events, their
thsrized agent made and signed it, and thsy bound
byh.
Mr.. OConor replied on the part of the company.
Judamsu MT reaeryed