Couch v. President of the Ulster & Orange Branch Turnpike Co.
New York Court of Chancery
THE bill stated, that by the “ act to amend the act, enfáie^ an acf t0 incorporate the Ulster and Orange Branch Turnpike Company,” passed the 11th Jdpril, 1817, (sess. 40. c. 213. s. 1.) the Governor was authorised to appoint three freeholders, &c. whose duty it should be, as soon as may be after the acceptance of their appointment, to make a iust, equitable, and proportionate assessment on all the 1 J 1 • .. .. . , lands lying adjoining or contiguous to the said turnpike…
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THE bill stated, that by the “ act to amend the act, enfáie^ an acf t0 incorporate the Ulster and Orange Branch Turnpike Company,” passed the 11th Jdpril, 1817, (sess. 40. c. 213. s. 1.) the Governor was authorised to appoint three freeholders, &c. whose duty it should be, as soon as may be after the acceptance of their appointment, to make a iust, equitable, and proportionate assessment on all the 1 J 1 • .. .. . , lands lying adjoining or contiguous to the said turnpike road, &c. That the commissioners (sec. 2.) were to make the assessment for each town separately, &c.: “ Provided, that in…
1Opinion of the Court
The Chancellor.
The persons assessed were entitled to make the road through their town, instead of paying the assessment, so that the same be commenced “ by the 1st of August next,” and completed in three years. The act meant to grant a privilege for a pretty heavy burden, and it ought not to be in the power of the company to deprive them of it, by delaying the assessment until after the 1st of August ensuing the passing of the act. It appeared by the bill that the assessment was not made until after the 1st of August, 1817 ; and taking the act together, and comparing one part with another,…
2Cited by6 opinions
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- Falkinburg v. LucyCalifornia Supreme Court · 1868
- Bonaparte v. Camden & A. R.U.S. Circuit Court for the District of New Jersey · 1830
- Young v. KellarSupreme Court of Missouri · 1887
- Hampson v. AdamsArizona Supreme Court · 1899
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