New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-02-15

THE ASSESSMENTS AND AWARDS FOR DAM
AGES.
ALBANY, Feb. 14.-Mr. Twecds new bill in
relation to the widening Of Broadway having been
printed, came up for consideration in Committee Of the
Whole in the Senate to-day Mr. Chapman moved 10
strike out the fourth section authorizing motion TO he
made before Judge at Special Term at Chambers 10
yacate the order confirming the report OF the
Commissioners. The section further provided that
liability be assessed relaionsli p any person
or persons whose property may be liable 20 be asessed
shall not be a disqualification OF a Judge TO hear such
motion or 10 act in such proceeding" This Mr.. Chap
man considered most extraordinary innovation. Mr..
Tweed, in reply, asserted that il was fact that
it would be almost, If not quite, impossible 20 ind
Judge who woul1 not be incompetent
to sit without the above provision in the bill Mr. HaT
denburgh said that for his part he could bring him
self to vote for provision that would allow Judge 10
sit in a matter where he was interested. Finally the
Committee rose and reported progress. Thus Mr. Tweed,
new bill encounters opposition from so stanch Demo
crat Senator HardenburgR. The followingis copy
Of the BILLS
AN ACT relation TO the widening and szh,enlng y Brd"y
in the City Of Hew.York and to regulate tie pae-ee 10 l
sECTIoS /. An appeal from the order ~ the Special
Term OF the Supreme Court, heretofore made aid
OF Estimate and Assessment the matter of the app
cation OF the Mayor, Aldermen, and Commonaty OF the
Broadway under chapter so OF The Laws " lscJ
and the act amendatory thereof nay BE-
moDalty to the General Term OF the Flint
Judicial Departmental any time before the expiration d
four months from the date OF said order ~ confirmation
such appeal shall be heard as an appeal nom non
enumerated motion and maybe brought on az d:y geA
eral term in the said First ID apartment AID shall be- chit
tied TO preference on the calendar over az ot'r aPeas
and business, and may be moved Dy sad mayor Adef-
men, and cOmmonay out OF itsreguar Oide on ay day
SEC q The appeal authorized by the first section ~
this act shall be heard upon the merits thereof AMI via
like effect as II the same original motion or
the confirmation OF the said report Of tie said Coms
SEC g. The appeal authorized by the first section Of
behalf Of said Mayor Aldermen and Comm nalty, Of
appeal from said order upon the attorneys or counsel
named IN the order SO Appealed from. ana ny
publication Of such notice, once week Tor Two
G GfSk Of in two 4Ey and p %en puSha s
appeal shall operate until the determination thereof ~
G at 70 be- bTos against the sad Mayor Alder
and COmmonaty or any officer thereof Tor me en-
by said Commissioners any person persons. Tho
appeal may be brought 70 hearing by the SAID Mayor,
said proceeding, upon the usual notice OF arnmeht
provided however, that sad Mayor ,Aiderngn,
upon service 2 of such notice OF argument
only upon ne aaIes and or eyS1 Haf m 5
in said matter shall be entitled 10 be heard upon said ap
SIZE l. Within the time hereinbefore limited for tle
taking OF said appeal and not the pendency
thereof, the said Mayor Aldermen, ana coramoualty
NAV at their option moye before Justice Of he So
preae Court in the First Department. either at Speciol
made at Special Term confirming said report And il
sha be the duty of the said Court justice, at which
before whom such motion may be made, 10 near
the same and If il shall appear to the said Court jus
uce that there was any error mistake rreguarity or
illegal act in the said proceedings for the widening AMI
strengthening OF Broadway at any stage OF the said pro
ceedingor II it shall appearto said Court or Justice that
the assessments Tor benefit or the a~ards Tor damage or
any either Of them, have been unfair or UNJUST IN
men, and commonaty, any person persons affected
thereby, the said Court Justice shah yacate saidorr
void and shall refer the matter back 10 COm-
missoners, majority Of whom shall be Others than mo
I'm gl4ll
correct the said report or TO make new asse snent IA
whole in part, the Court or Justice hall direct and
six months after the order referring the matter 70 te
said Commissioners, and shall be presented for conlrn
cation in least two daily newspapers published M .
City of New York At the time OF the ht publication ot
such notice the said Commissioners shan deposit In Tie
Office OF the Department OF Public Works IN sad ciy an
abstract Of their proposed report showing tie awards
made for damage and the assessments imposed for
benefit which abstract shall remain IN said ohce, open
to public inspection and eXaminati9n un the report ~
the said Commissioners is presented for confirmation
herein provided And such proceedings under SAID last
mentioned order and for the confirmation %" the urter
or other report OF said Commissioners and tine fees and
ecaordin 70 the laws now Existing relating 10 the oeu
ing OF streets and avenues in the city ~
New-YOrk. Provided, however, that IN making 6Uch
corrected or new assessment and report the Com
missioners may assess any and all property which
they deem benefited by said Improvement whether ne
same be or not contained within the limits spheres
cepted from for benefit by the act passed NJ
IT, being chapter $50 OF the laws OF 1901 and
much of said last-mentoned act as provides for the cX
enption OF any property from assessment, is hereby
repealed Lid6y 10 be assessed, relationship 10 any
DersOn or persons rho UtOSc property D0Y
be liable 10 be assessed, sddAl not De as
qualification Of Judge 10 hear SAID motion 10 act i've
anu STAGE thereof The service OF notice 81 such notion
In manner hereinafter mentioned shall also operate unt
the hearing and determination thereof, stay Of pro
ceedings upon all SUITS actions proceedings brought
or thereafter TO be brought against said Mayer Alder
men and Commonaty or any officer hereof Ior the t.-
forcement collection of any award for damage made
By the first mentioned Commissioners TO any person or
persons -. .
SEC s. The costs heretofore taxed I'm this matter shalt
be paid the persons mentioned In the SAID proceedings
entitled thereto in the like manner as II SAID order or
continuation not vacated.
SEC g. The motion mentioned In section fourth OF tins
act shall heard upon the proceedings heretofore had
the said matter aud also such other papers and
such afdays and proofs as the said Mayor Aldermen,
and CommOnaty and any persons interested, may SEQ
nj TO read upon the hearing before the Court or Justice
and the said motion may be brought on, upon notice OF
not less than five days. by or IN the name aud behalf ~
the said Mayor Aldermen aud COmmOnaty, q De served
upon the attorneys counsel named In the order hereto
fore entered at Special Ter horeinbefoce mentioned
and by publication OF such notice In at least two news
papers published in the city OF NewY0rk for at least
1--WE days previous 10 the time mentioned in said NOTICE
for the making Of the motion. All proceedings heron
authorized 10 be taken by the Mayor Aldermen and Com
mOnalty OF the CITY Of New York. may be tsen by tAe
Mayor ~ said city in the and on behalf OF the SAID
Mayor, Aldermen and CommOnay.
SEC. 7. This act shall take effect immediately.