In re New York Institution for the Instruction of the Deaf & Dumb

Headnote

1. Municipal Corporations—Public Improvements—Reduction of Assessments.

Under Laws N. Y. 1880, c. 550, § 18, the court cannot reduce an assessment for a sewer, constructed by the department of public works, on the ground that it could be legally constructed only by the department of parks, and that, if constructed by the latter, one-half of the expense only could have been assessed. The department of parks not having ratified or accepted the work, or taken any action in the matter, the property owner cannot claim benefits which would have arisen had that department legally constructed it; and, if it was constructed by the proper authorities, there is no basis for the reduction.

8. Same—Construction of Sewers—Department of Public Works.

Laws N. Y. 1865, c. 381, passed April 13th, provided for the adoption of a general system of sewerage in New York city on a general plan, under the control of a board, and that no sewer should be constructed except on that plan. An act passed April 84,1865, gave the commissioners of public parks the right to regulate, grade, and improve such streets as they might lay out on a plan to be adopted by them. In 18Í0 the, powers and duties of the board named in the act of April 13,1865, were conferred on the department of public works. The charter of 1878 provided for a bureau in the latter department having charge of sewers, and another having charge of regulating and^rading streets, etc. The consolidation act, §§ 337, 331, gives the commissioner power to revise and frame a plan for sewers, and prohibits the construction of a sewer except on that plan. Reid, that the department of public works has power to construct sewers, to the exclusion of the department of parks.

8. Statutes—Repeal by Implication.

The subject-matter of the act of April 24,1865, relating to the commissioners of parks, having been dealt with by Laws 1874, c. 604, provisions of the former not contained in the latter will be presumed to have been intentionally omitted.

Appeal from special term, New York county.

Petition by the New York Institution for the Instruction of the Deaf and Dumb to vacate or reduce assessments to the extent that the same exceed the limitations fixed by statute. The petition was denied, and petitioner appeals.