Ex Parte Trustees of Sagg-Harbor v. Supervisors
New York Supreme Court
Motion for a Mandamus. The port of Sagg-Harbor was incorporated by an act of the legislature, passed 12th March, 1819 : See Statutes of that year, p. 46, and the free-holders and inhabitants of the port having a right} to vote at town-meetings were authorized annually to elect trustees to take charge of and manage its concerns.
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Motion for a Mandamus. The port of Sagg-Harbor was incorporated by an act of the legislature, passed 12th March, 1819 : See Statutes of that year, p. 46, and the free-holders and inhabitants of the port having a right} to vote at town-meetings were authorized annually to elect trustees to take charge of and manage its concerns. The bounds of the corporation, as established by the [act, embrace portions of the towns of Easily *690 ] hampton and Southampton. *By the 18th section of the act it is enacted, “ that the said district of the port of Sagg-Harbor be,1 and the same is hereby constituted…
1Opinion of the Court
By the Court,
Nelson, C. J.
These papers have been in my hands for j some time, on account of the difficulty in forming a satisfactory opinion' upon the question, whether the town of Southampton is liable for damages i and expenses of laying out a road in the corporation of Sagg-Harbor, upon , a fair construction of the thirteenth section of the charter of the corporation, *527In connection with the general road act of Long-Island ? After the best consideration I have been able to give the subject, I am inclined to the conclusion that tho town of South-Hampton is not liable; and that no provision…
2Cases cited1 opinion
- Mitchell v. HalseyNew York Supreme Court · 1836