In re the Protestant Episcopal Public School
New York Supreme Court
THIS was an application to vacate assessments imposed upon the property of the petitioners, for the expense of constructing a certain sewer, in the city of Hew York. The construction of the sewer was directed by a resolution of the common council; proposals for the work were opened oh the 6th of April, 1865; and a contract executed on the 13th of the same month.
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THIS was an application to vacate assessments imposed upon the property of the petitioners, for the expense of constructing a certain sewer, in the city of Hew York. The construction of the sewer was directed by a resolution of the common council; proposals for the work were opened oh the 6th of April, 1865; and a contract executed on the 13th of the same month. On the 12th of April, 1865, the legislature passed an act “in relation to sewerage and drainage in the city of Hew York,” which gave the Croton Aqueduct Board power to devise and frame a plan of sewerage and drainage of the whole of…
1Opinion of the CourtBrady, J.
The sealed bids, or proposals, for the construction of the sewer mentioned in this application, were opened on the 6th of April, 1865. The contract was executed on the 13th of April; but before it was executed, and on the 12th of April, 1865, an act in relation to sewerage and drainage in the city of Hew York was passed by the legislature, .(Laws of 1865, p. 715,) the 8th section of which declares, “ it shall not be lawful hereafter to construct any sewer or drain in the city of Hew York, unless such drain or sevrer shall be in accordance with the general plan devised by the Croton Aqueduct…
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