The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-07-31
NEW JERSEY ASSESSME ENTS.
AN IMPORTiNT DECISION ny THE
COURT OF APPEALS.
sales OF Property for Unpaid Arrears, where
tho Levy was not According TO Benehis
Received, Declared to be Absolutely Void.

Sales Of Property for Unpaid Arrears, where
tho Levy was not According TO Benehts
Received, Declared TO be Absolutely Void.
Nearly four years ago, in tho case OF
Agens aet. The City Of Newark, the Court laid
down the principle that, under the Constitution
OF New Jersey, assessments for street Improve
ments could not be levied upon tho property
fronting thereon upon the basis OF Its lIneal
frontage and without taking into account the
benefits received therefrom by the property,
but that such assessments must be made only
with reference to the extent OF the peculiar BEN
eft received. The Court held that tho other
mode OF assessment which has been in opera
tic1 In the case Of assessments for paving
streets according to llneal frontage, IL in effect
sequestoring property.
Under the act Of March 20 1873, carrying out
the principle laid down In the Agens case,
commission was appointed to adjust unpaid as
easements In Jersey CITY. Property owners wero
contesting tho assessments that grew out OF
tho extrayagant operations OF the Jersey City
and Bergen Rings; and under this act the fair
and reasonable cost OF such improvements was
to be determined, and an assessment made on
the property benefited, according to the benefit
received. The proportion Of the cost ascer-
tained to be over and above what was reason
able was to be paid by the city. Since the de-
osion In the ARens case this has been the we'll
understood law OF New Jersey.
but some collateral difficulties have arisen. It
IL well known that decd given by city for
land sold on account OF its unpaid taxes or as
sessments takes priority OF other deeds, the
consideration being hrst Hen. here have
sessments ade on the basis which the Court
has now decided 70 be illegal. Under the char.
ter OF the city OF Elizabeth the authorities urged
that the rule OF law newly laid down did not ap-
ply except In oases where the agerieved party
applied within sixty days for writ of certiorarl
TO set aside the assessment. The property OF
william Bogart having been bought in by tho
city at sale on account OF unpaid assessments,
he hled bill In chancery to quiet title" viz,
TO hx and determine the question OF his title to
the property. The Court OF Chancery having
Just been reversed by a unanimous vote In the
Court Of Appeals. Chief Justice Beasley, who
tho clause Of the charter under which the i'm
provements and assessments were IN ade was un-
constitutional, because they were not made upon
the basis OF the benefits received that this
wsrc void The deed by the city Of Bossrt's
property being therefore voii, the question
arose whether his bill to quiet title would lie.
In New York II would not, neither would IL In
England: because the common law does not
provide for II, nor have they any statutory pro-
vision that does. But In New Jersey the act Of
March q 1870 settles the question, in authori-
zing the party IN possession Of lands whose title
though not In litigation, Is disputed, to bring a
suit IN chancery to settle the question OF title.
The Court OF Errors and Appeals decided that
the object OF this act was TO extend the juris-
dlction Of courts Of equity over just this class
Of cases. and reversed the Chancellors decision.
This decision Is very sweeping Most OF the
city charters have permitted assessments for
paving according to lineal from tage, without ref
erence to the benefit received. Heretofore ap-
plications to st aside assessments have been
granted only on wrts Of certiorarl This being
Z writ Of discretion and not a writ OF right, the
courts have IN many cases refused 10 vicate as
sessments on grounds OF public policy. But un-
der this decision such assessments, and all pro
coed under them, are void from the begin
ming, and must DO set aside upon application,
and courts OF chancery must. upon application,
declare that sales under suoh assessments are
equally void 1nd do not deprive the delinquent
taxpayer of his title.
As result Of this decision II stands that in all
cities where assessments have been made arbi-
trarily by tho lineal frontage, such assessor It's
are utterly void. In most OF the largo cities the
expense OF sewerage has been assessed accord
ing to the benefit to property holders, and these
assessments will stand. But the assessmen nts
for wooden and stone pavements, for grading
and guttering, have often been ilega al, and IN ust
be revised. when. II II Ia found that the proper
~ holders are not directly benefited to the full
amount assessed against them, tho deficiency
must be IN ade good by taxing the public at large.