New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-05-03
IMPORTANT ASSESSMENT CASE.

ASSESSMENT ACT or 1858 Examined AND CONSTRUED.
la the petition Frederick J. Beams and Others
assessment, for tagging, &c, Mott street
On the 2d of February 1855 a resolution was
passed by the Board of Counclmen directing that the
east side of Mott street. between Spring and Prince
streets be tagged, rehagged, &c. The resolution was
not adopted by the Board Of Aldermen until the 18th
of August, 1856. 1t was approved by the Mayor,
August ~, 1856. Under this resolution and the ac
cOmpanying ordinance the Street Commissioner wont
on andSd the work. An assessment to pay the eH-
peuses of the work subsequently imposed and
two lots belonging To the petitioners were assessed
1893 ST. The petitioners applied under the provisions
Of the act Of 1888 relative to frauds and irregularities
in the imposition of assessments to have the assess
ment set aside the ground ihat the resolution and
ordnance having been passed by the two Boards OF
the Common Council in different years, were vYd.
Abraham II. Lawrence, jr., for petitioner; Richard
Buseed Corporation Counsel for the City.
OPINION.
ISGRAH.M J.-This petition is pr -ened. under lhs
1885, r. 5Ti aside hr tagging In Mott
street or % o1"a Of ,rs' IN" .doped S lda %s.a
years in the Common Council TIE sane having been p,sed ~
Aldermen in August 1856 l. ,resay for me toesp~s
any opinion ~ the qIs'"n whehst a, &C " the Gonmon
year aud by thu 9th Board in succeeding year. election Of
members Of one or both Boards having taken place ntsr%es
tct in We,more Story p Barb 44 have held that such
Whatever may my o. that question controlled ~
% cc" hs t1 been Legal Sn
the passing the ordinance aud that proceedings under
Unauthorized The Counsel for the Corporation however
objects thar nasmuch the passed aer the
laid the affected by that law, and that tho
under which this relief sought intended b.
retroactive its operation but should be confined
thereafter laid was at first inclined adopt such concusoA
tho manifest improperly Of the passage Of laws which, Ia
their operation. affect existing rights, and such
the effect Of this proceedins should still be dposed
adopt that rule The itself Is sufficiently comprehen
both classes Of assessments, those adopted
and assessed before the passage Of the statute well AFTER
ward But upon reflection have the conclusoc
that there nothing in the which will prevent te operation
Of the upon laid previous passage There
acquired which affected by H. II the
i'll gal and void consequence Of the illegal passage Of hs ord
nance right acquired under such which
be legally enforced full and ample remedy exists by
against any attempting enforce Illegal
athog h such remedy is difficult and not often resorted
Of its expense and perhaps uncertainty attending long lit
gaon TIE Legislature have by the statute provided
EASIER cheaper and expeditions mode ~ attaining the
result consider the proceeding only affecting adding
the remedy and not with vested rights and In that
view the should be sustained in the opinion Mr.
Justice Davies In the Of the for tagging Fifty
fourth the beneficial operation Of this act To those
whose interests most affected by Illegal assessments affords
very suitable remedy without rendering for them
the hazard aud delay which would follow from the old mode
relief viz to cOnes, the legality G the proceedings after tho
property has been sold for the assessment and then assuming thu
nsk that by decision they lose the property
sold Ny conclusions that the applies
made either before after ts that In the
The proceedings irregular and that judgment must b.
drd declaring such vacated, aud directing that
the lien created thereby shall cease.