State v. Mayor of Newark
Supreme Court of New Jersey
On error to the Supreme Court. The 7th section of the charter of Newark (Pamph. Laws, 1849, pp. 206, 207,) provides “that it shall be lawful for the common council, on the application of three-fourths of the owners of property in any street, to order the said street or section of the street to be graded, graveled, paved, flagged or-planked, either in whole or in part, in such manner as they shall deem most advisable,” &c., “ and that after the said grading, graveling,…
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On error to the Supreme Court. The 7th section of the charter of Newark (Pamph. Laws, 1849, pp. 206, 207,) provides “that it shall be lawful for the common council, on the application of three-fourths of the owners of property in any street, to order the said street or section of the street to be graded, graveled, paved, flagged or-planked, either in whole or in part, in such manner as they shall deem most advisable,” &c., “ and that after the said grading, graveling, paving, &c., is once effected, then the city shall take charge of and keep the same in repair, without further assessments.”…
1Opinion of the Court
The opinion of the court was delivered by
Beasley, Chief Justice.
The writ in this case has brought before the court the proceedings in the assessment of the expenses incurred in re-paving the road-bed of a portion of one of the public streets in the city of Newark. The cost of this work has been imposed in accordance with the direction of the legislative act authorizing these improvements, in the proportion of two-thirds of such cost on the owners of the lots fronting on the line of the section of the street thus repaved, and the remaining third on the city treasury.
It thus appears that the…
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