New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-05-23
VACATION OF ASSESSMENTS CHECKED.

TIE NEW LAWS RELAIlNb 10 IAAES
The following is the text Of the acts passed
by the last Legislature, and since signed b. she Gov
with reference the vacation Of taxes and
sessments account OF legal teehncaes and irregu.
aries through which the city has OF late years lost
large assessed upon ndy idual Of prop
erty:
CHAPTER 3l2-Secfon l. The first section OF the act
passed April IT, 1853, entitled IAN act in relation 10
frauds III assessments for local improvements IN ths
city of New York hereby amended 10y striking from
said section the words or legal regularity thai
said first section shall coDorm to SAID ute, and AZ
amended shall read as follows:
SECTION l. IL in the proceedings relative 10 any
assessment assessments for local improvements IN
the CITY of New-York or in the proceedings colccs
the same any fraud or substantial shall bs alleged
To have been committed, the party aggeVod thereby
may apply Judge OF the Supreme Court, in special
term on in vacation, who shall thoreupon. upon duo
notice the counsel Of the corporation OF the city Ia
which the lands assessed situated proceed forth
with proofs aud allegations Of tno parties
SEC. The second section OF the act passed April IT.
1855 entitled Il" An act in relation to frauds IN asse,as
ments for local improvements in the City Oi NeviOrk"
is hereby amended by striking from said section tho
words rregularty so that said socoud section. AZ
amended. shall read AS follows:
SEC. 2. II upon such hearing It shall appear that the
alleged fraud substantial error has been committed
the said assessment shall be vacated. and the lien Gro
ated thereby or by any subsequent proceedings shall
aud hereafter no SUIT or action IN the nature VI
bill In equity otherwise shall be commenced for tho
vacation Of assessment In said city or TO remove
cloud upon te but owners OF property shall hereafter
be confined their remedies in such cases 10 the pro-
ceedng' under the act hereby amended ., o,,,,o,,
CHATTER d3-SeotiOa l. Section or an act entitled
AN act in relation to certain local improvements ia me
CITY of New lOrk passed May l5i2 ~ hercOy dlcbusu
read follows: Sec. 7. No assessment hereto
fore made imposed which shall hereafter be made
imposed for any Improvement or other public work
In ne city, already completed or now being made
or performed which shall hereafter be made done,
OF performed shall hereafter be vacated set aside for
b. al omission To advertise or rrcguary
in advertising any ordinance, resolution, notice, or
other proceeding relative thereto, or authorizing
the improvement or work for which such assess
ment shall have been made imposed or for proposals.
to work, by OF the OMISSION OF
any officer To perform any duty imposed upon HIM. or
for by OF any defect Ia the authority Of any
department officer whose action the assessment
shall any manner or to any extent dependent or
for by reason OF any omission 10 comply with or
carry any detail OF any law ordinance, or Tor or
by OF any rregularity or technlcalty, excepe
only In cases III which fraud shall he shown, and
In case OF scssment for repayfDg any street
or public place upon property for which assessment
has been paid for paving the same street or pubic
place. and all property SAID city benefited by any -
pr0vement other public work already completed or
beng made or performed and hereafter made dono
performed, except aforesaid shall DO llaDlo 10
assessment such improvement or work. And all
assessments such improvement OF other public
shall DE valid ana binding, Notwithstanding any
such omission, rregarity, defect in authority or tech
nicality. But nothing IN this section contained shan
affect any proceedings TO set aside assessncnA
commenced before Jan. |, 1874
SIC. TnIs act shall take effect immediately.