In the Matter of Delancey

The act of 1858 was modified by the act of 1872 so as to prohibit the vacation of assessments for the irregularities complained of in the petition in this case, and the proceedings were not commenced within the time prescribed by the saving clause of the latter act.

The vacation of the assessment of the lands of Whitney for the same improvement does not operate to render the assessment for the whole improvement invalid.

The order in the Whitney case does not purport to vacate the assessment upon any other lands. The "party aggrieved" can only apply to vacate, and the order cannot affect any…