State v. Town of Union

The opinion of the court was delivered by

Van Syckel, J.

This certiorari was sued out to test the validity of a sewer assessment in the town of Union.

*143The sewer was constructed under an act entitled “An act providing for sewerage in and through certain towns in this state,” approved April 20th, 1886. Pamph. L., p. 243.

The towns to which it applies are those described :

First. “ That whenever any town in this state is or may be so located that one or more large unimproved and intervening tract or tracts of land lie between said town and tidewater.”

Second. “And by reason thereof no main outlet…