In re the Extension of Bowery

Harris, Justice.

The provisions of law relating to the opening of streets, &c., in the city of New-York, form a system of proceedings entirely peculiar, and complete in itself. The jurisdiction of this court in respect to such proceeedings is wholly derived from the statute. And that jurisdiction is so restricted that for many years the judges of the court regarded themselves as acting in the capacity of commissioners, vested with limited judicial powers by the legislature in reference to .such proceedings, and not as a court. It is true that this theory no longer prevails; yet it is not the…