In re Houston-street — 7 Hill & Den. 175

Majority

p. 175

In the matter of opening Houston-street in the city of New-York.

Headnote

The court will not appoint commissioners of estimate and assessment in New-York street-cases without an affidavit showing that the persons proposed are duly qualified.

D. E. Wheeler,

in behalf of the corporation of the city of New-York, moved that certain persons named by him be appointed commissioners of estimate and assessment, pursuant to 2 R. L. 409, § 178. The papers on which the motion was founded were silent as to the qualifications of the persons named.

By the Court,

This is an ex parte application for the appointment of commissioners to perform a highly important duty. By the statute, (2 R. L. 409, § 178,) the court is to nominate and appoint the commissioners, who are to be “ discreet and disinterested persons, being citizens of the -United States.” To enable the court to perform this duty, affidavits showing the qualifications of the persons named as commissioners should be produced, for in no other way can the duty be intelligibly performed. The motion must be denied.

Ordered accordingly.