People ex rel. Crowell v. Lawrence
New York Supreme Court
ON the 19th of April, 1859, the legislature passed an act, (Sess. Laws of 1859, ch. 484, p. 1109,) authorizing and directing the appointment of three commissioners by the supreme court, and authorizing such commissioners to enter into a contract with the Long Island Eail Eoad Company, or its assigns, for the following objects, viz: 1. The closing of the tunnel in Atlantic street. 2. The restoration of said street to its proper grade. 3. The relinquishment of its chartered…
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ON the 19th of April, 1859, the legislature passed an act, (Sess. Laws of 1859, ch. 484, p. 1109,) authorizing and directing the appointment of three commissioners by the supreme court, and authorizing such commissioners to enter into a contract with the Long Island Eail Eoad Company, or its assigns, for the following objects, viz: 1. The closing of the tunnel in Atlantic street. 2. The restoration of said street to its proper grade. 3. The relinquishment of its chartered right to use steam power within the city of Brooklyn. 4. The construction and operation of a substituted horse rail road…
1Opinion of the Court
By the Gourt,
Emott, J.
This certiorari is addressed to the commissioners appointed under the act of April 19,1859, to provide for closing the entrances of the tunnel of the *180Long Island Rail Road Company, &c. (Laws of 1859, page 1109,) and to the Brooklyn Central and Jamaica Bail Boad Company. It brings before us proceedings to assess certain sums upon lands of the relators, and the question which we have to determine is the validity of this assessment, or the authority of the commissioners to make it. If the statute under which they acted is unconstitutional and void, they acquired no…
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