In re Volkening — 52 N.Y. 650

Majority

p. 650

In the Matter of the Petition of Henry Volkening to Vacate an Assessment, etc.

Headnote

The insertion in the act entitled “An act relative to contracts by the mayor, aldermen and commonalty of the city of New York” (chap. 308, Laws of 1861), of the clause devolving the power and authority theretofore vested in the common council relative to assessment lists and the confirmation thereof in the comptroller, council and recorder of

p. 651

the city, and constituting them a board of revision and correction for that purpose, is not repugnant to that provision of the Constitution which declares that no local or private bills shall embrace more than one subject, and that shall be expressed in the title (art. 8, § 16). Directions as to the manner of raising money'by assessment to pay for the execution of contracts are parts of the one subject expressed in the title.

(Argued February 18, 1873;

decided April 8, 1873.)

This was an application to vacate an assessment for paving Sixty-fourth street from Third to Fifth avenue. The principal point raised was, that the assessment was not confirmed by the common council, hut by the hoard of revision and correction of assessments created by chapter 308, Laws of 1861, and that said act was unconstitutional. Held as above stated.

T. F. Neville for the petitioner, appellant.

D. J. Fean for the corporation, respondent.

reads opinion for affirmance.

All concur.

Judgment affirmed.