Ex parte Manhattan Co.

By the Cpurt,

Cowen, J.

The counsel for the city corporation insists that the charter of the Manhattan Company «Joes not authorize the taking of streets for the purpose com *654templated, and I think the motion must be denied on that ground. The company are .-authorized by their charter to enter into and upon, and freely to make use of any land which they shall deem necessary for the purpose of conducting a plentiful suply of pure and wholesome water to the city. They are to agree with the owner or owners o.f any mills, lands, -tenements or hereditaments that may be damaged or affected by their…