Fonda v. Canal Appraisers

Headnote

Where the caappralsefT^the damages of an individual without giving him an opportunity to be heard or to produce testimony, the court allowed a certiorari.

Motion for the allowance of a certiorari. Fonda being ^le owner and possessor of a farm in the town of Halfmoon,

En the county of Saratoga, through which the Champlain canal passes, in the year 1835, presented a statement of the damages sustained by him in consequence of the construction of that work, and for which he claimed compensation, to S. Young, Esq. a canal commissioner and one of the board of appraisers, which account consisted of various items, amounting to upwards of $500, besides a claim for the loss of six acres of land, appropriated to the canal. In February, 1837, and not before, Fonda was informed that the canal appraisers had appraised his damages at $250, and on inquiry at the office of the secretary of state, found a certificate to that effect lodged there. Notice of the time and place of the meeting of the appraisers was not given to Fonda, nor had he an opportunityto be heard or to produce testimony, previous to the making of the appraisement. He immediately presented a memorial to the board of canal commissioners for relief, who dismissed the same, on the ground that the damages had been appraised by the canal appraisers, and the party had neglected to appeal within the time limited by law. An application was now made for the allowance of a certiorari to remove the proceedings of the appraisers into this court, which was granted.