Foley v. Mayor of Hoboken

The opinion of the court was delivered by

Garrison, J.

Under the title “An act to enable cities of the second class of this state to repave streets and to issue bonds in payment therefor” (Pamph. L. 1896, p. 94), the legislature enacted that in such cities the cost of repaving streets, when ordered by the governing body thereof, might be met by the issue and sale of bonds, the principal and interest of which should be paid by general taxation through the instrumentality of a sinking fund.

Inasmuch as this legislation does not lay down a rule for all cities, the judicial inquiry is whether it…