Rhinelander v. Mayor of New York

Leonard, Justice.

The complaint states that Fifth avenue was opened under the authority contained in section 177, and was regulated and paved under section 175 of the general act of April 9, 1813, reducing several laws relating particularly to the city of New York into one act. The common council are authorized by section 177 to open any street or avenue whenever they desire; and by section 175 to pave, alter, amend, &c., any street, &c.

The corporation of said city adopted an ordinance in 1824, declaring that whenever the owners of lots fronting *305on the streets should pay the expense of paving…