New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-06

ihs set Of 1883 vss made sppssss TO tA proeeedDs -
70 The owner, q !ross.,y 70 Be taken proceed e
and sassns &c Of the Contemplated improvement upoa
other lands lying without the miIs the improve
kssr No ,h.f IN making assessments he conmoss
could 60 osy0.d S . I Ss mh S s J Sss gs
next street CT avenue bat In the tarth section Of the
.srsrs or rse the Conm shall net BE- eonsed b
their estimate and assessment Of benefits TO any as OF limits
BY the 7,h Of relation to the ecectes q
ss..ms n's se sssd MAY a. iste i sss..,es That Cos.
saho ned By law sssl in asses, any hoss
thsrso valued BY ,hs Of tho Ward which
shall Be situated Tie Commissioner proceeded nn4sr
alleged AID doubt with ruih hat The i.nss IN tie amea
ate neishiShoOd q he proposed square and which co..
and unrOdreve bad BY the different wara Ass
. Ct Be s Gs. s snss a ,IS n .0'HS w.d At s
of this restriction the OF the Commissioners
lifted by the from the payment Of an s.sessnsss
equa to the extent OF such benefit, and hs. reduce the
upon The owners Of property oI Sens. : seoa sisSe@
sion BY the act OF 1870 much larger amount Of assssss
might have been imposed without the least Injustice OF %
required the deficiency has The right to eoma.
Many this OF who appeared object Q the os
excessive that when compared yte
oher they relatively TOO high But this obyoasy does
not ground Of objection. II the obeotor
than the amount Of bened be receives 1t does not is
BIZ the act Of lass Cooperation NewYork authorized
after applying the amount OF the sssessnen for bensns to TIE
The eedns the deficiency creating
public stcck 20 be called The Central Park Fund Iedssms
an Interest Of per cent liz. so declared that psy
men' oSs us 70 be ssaed the land to be taken se. -
land involving the right withdraw the public fur
70 ' Sl pSrrS.e Of public ssnsre r he S"Ss 81 ~SS
alone the lands have been assessed ia
S Sy az s most sre Objection which has been pfs.snsss
the validity Of the proceedng IL H. perhaps
% IL
is TO eoum the report send back revise II there -
could result from refusal to 6m the report But DO
think objection b. sustained The land has bsen takea
fromiis Tor public tiste be devoted to the object
for which i, is taken The faith Of The ely, perhaps.
Of the state Is pessd , as me h. f%h 'Ss be pail. 4 0ny
deprived Of the ssns , az hi. f5 . sy 90 Re-
the thus they receive equivalent for the
Of '1s rss %b ed this DISSECTION sSs
OF land for benefit implies covenant for the Cos
benefit may be discontinued does render the sessusn
invalid Al the mosh could only furnish the basis ola CLAIM
for compensation II the eontin,e should happen
objections of general character deserve to -
briefly noticed. Damages awarded the Corporation itsof
O aSoa. i. said that an odnsnss the Com
these s . s % he
the funded debt Of the city and that tho have ne
the purpose proposed II may well be- that tho creditors q the
Corporation right to have the amount awarded .he
Seh OF ty have or not Il IS sufficient sn,wer 70 this oSs
ton to say that which . IN no way 'A
The SAME snswe applies too to objection the p~bt
property such the Arsenal the Croton Reservoir and Hama
onsquse been assessed I probable that hess
lands not assessed for the reason that on account o. As
lifted By the sons@Psisd But whs he. a =
object that tor sny these have been omitted
l. is also objected that the Cemrnsaones had no sht
poraon for unpaid and should be deiucts1
from the amount of the award Of the same ots Thus may 10
the Commissioner by tbs terms OF the
act 1885, will become debt against the Corporation due and
HE u
those entitled receive these awards themselves ndeoteA
the Corporation for taxes or assessments dd mot reqp
authority of the Commissioners to set od enc debt against
another .t....
objection taken for the first time to tho validity
appointment of the Commissioners The order for the
apIoniren, made by Mr. Justice Mitchell, and i " new
said that he a relative the parties assessed for benz
H. The objection s unenab Judge Mitchell might not nov
bs ne9l a o parties G TO the rossean b., when he en-
iera ed the motion the appointment Of Commits
y 1 hat ss "a seI s been ss brought wis the
assessment alone sufficient TO show that the objection 10 alto
Again il Is objected that Mr. Brady, of the Commo.
eroysment to whom damages have boon awarded This ms
have furnished ground OF objection 70 be addressed
he consoners but il in no way affects the validity Of the
Report The law declares that no Judge Of any Court sha ~
IN any which relative within the ninth degree
party This prohibition relates entirely 70 Courts OF Justice
made this objection frankly admitted that derived suppose
from the Of the award.
"s " Ss tine u & s
the carefully ensmned all the objections and sd.
eOsfDmiiou There few of Individual hardship
which have my sympathy aud for which would gladly pro-
relief But examination has resulted In the fsN
conviction that ega have been committed In the
ceedins that the IT, IN the whole prominently judi
equitable have hesitation therefore. la direct
ing that order DO entered for its confirmation.
Mr. Mott, who argued against the report, rose i'm
mediately after the Judge had concluded the above
opinion and began to read certain exceptions Judge
laris's decision, who interrupted him by asking for
what purpOee they intended.
Mr.. Mott am aware there is no appeal TO the
Court of Appeals, but believe there IA one to ths
General Tenn.
Judge HaIis-There can certainly be appeal In
this case.
Mr. Dit0n-The statute provides that the deoisi0e
of your Honor il final and even if there was right q
appeal in this case this is not the tribunal to which
should be addressed. cannot conceive why the time
ofthis Court should be taken up in hearing matters II
which this Court have nothing to do.
Mr.. Mott not only desire IN read these exceptions,
but shall request that they be placed OH file.
Judge Harris TO Mr.. Mott)1fit will please or beo-
eft you read that paper, you nay do so; shall not
however order it to be placed on file or take any a.
ton whatever upon it.
Mr. Mott then proceeded TO read his exceptions amid
com iderabe confusion and noise, arising from the
crowd that were assembled in the Courtroom.
After be- had concluded, Mr.. Dillon simply replied.
" give notice that shall dismiss that appeal instan-
ter