State v. Mayor of Bayonne

The opinion of the court was delivered by

Van Syckel, J.

This controversy relates to the validity of a sewer assessment made under the sixty-fourth section of the charter of the city of Bayonne. Pamph. L. 1872, p. 719.

By the city charter the cost of the improvement is to be-assessed upon property benefited iu proportion to the benefit received, but property not deriving a present benefit cannot be assessed for any part of its cost until lateral sewers are constructed.

The act of 1887 {Pamph. L., p. 231) provides for cases-where sewers have been or may be constructed in cities, forming a trunk…