New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1852-02-02

II certainly is not, although confirmed by the
Court, an ordering judgment, for personal demand,
on which an ordinary execution could be issued or
which could be docketed, so as to bind any other
lands than those specifically assessed IL creates
lien as judgment, under the law applicable 10 Ju1g'
mcits bu. is made special " hen or charge on the
lands" assessed as benefited, under the particular
statute relating TO the City OF NewHork (blS6 223
And as read that statute the assessment 10 not only
another charge the particular lands Ia point not
0isputed) but Is entitled to preference before all
other incumbrsnces u9on the same, and may be sued
for and recovered, with costs, IT like manner as II
the said houses and lots, In the language OF the act
were mortgagcd 10 the Mayor, Aldermen, and Com
monalty, for The payment thereof"
The act referred to was passed on the 9th April,
1913, and was, its title purporea, An act 10 re-
duce several laws relating particularly to the City
Of New-NOrk into one act 1t was Intended pm
MARTY 10 remedy the evil OF being obliged 10 resort
to numerous scattered volumes, containing ysrleus
provisions other subjects In order 10 extract from
them, for each particular occasion, our legal Code
To accomplish this object, was Of course indspen
sable that II should be made Ineligible by ITSELF
without the necessity OF further reference. When,
therefore, it exacts expressly that every sum- be-
fore assessed by virtue Of the precious acts, cor
which shall hereafter be assessed by virtue Of this
act, shall be lien or charge, and entitled TO pref
erence. and 20 be treated as mortgage, according
to the language above Quoted,) ! am bound to pre-
sumo that the Legislature meant what the terms
used so uneQulvocaly express-and especially II the
Legislature also direct, as they do in the closing
act, and be literally expounded and construed, to
advance the ends thereof" To say that "eyery'
assessment me ans only particular clSss mot lncu
ding the presently and that this act means only =
particular section OF thus act, is 10 apply certainly
not very natural process Of Interpretation, and one
which could hardly merit the epithet OF Liberal,
or OF being ineligible to the common understand
ing
conclude, therefore, in the whole case, that the
assessment on the houses and lots in Plat ST. is
mortgage lien that there was no defect in lis OIL
gun, OF, at least, none that can be now set up that
nwSs not satisfied BY the imperative and mutually
esnce'ed term OF years that II Is not barred or
affected by the statute of limitation that there Is
10 equity IN the attempt TO cast it from the shout
GERS OF The parties benefited and place 1t on those
OF ne general taxpayers and that, whether re
gNaes az hen, charge or mortgage, 1t 10 entitled
70 = preference over the plaintiffs mortgage, and
" all other incembrsnces,
Decree accordingly, with interest and costs, out
OF the fund In Court arising from the sale in this
suit
Rotert A. Rottnsoa, Warden the Sing Sing State
Prison, al sat Of the people compliant Of Nero York
Prison Association. Molten % uuash alternative
mandamus granted 70 show cause Is to the Commit.
tee OF the Prison Association not beilx permitted
privately TO converse with prisoners agree ably 70
law, &C. MIR. Sheperd was hessd fs1 sstaplsinans.
and Nj. Lockwood opposed