Common Council of City of Beverly v. Waln
| Decision Date | 19 November 1894 |
| Citation | 57 N.J.L. 143,30 A. 545 |
| Parties | COMMON COUNCIL OF CITY OF BEVERLY v. WALN. |
| Court | New Jersey Supreme Court |
(Syllabus by the Court.)
Error to supreme court.
Certiorari by the state, at the prosecution of Robert W. Wain, to review certain municipal proceedings by the common council ot the city of Beverly. There was judgment for prosecutor (26 Atl. 709), and defendant brings error. Affirmed.
Gilbert & Atkinson, for plaintiff in error.
Howard Flanders and Samuel W. Beldon, for defendant in error.
In 1891 (P. L. 1891, p. 480) a statute was passed which was entitled "An act relating to the cost of improving sidewalks in the cities of this state." The statute enacts that the cost heretofore or hereinafter incurred by any city of the third class, of this state, for improving sidewalks, shall be a lien upon the abutting land in front of which such work is done, and the same may be collected in the same manner and by the same officers as taxes are or may be collected in such cities. Under color of the provisions of this act, the city of Beverly took certain proceedings, by which it proposed to sell the land of the prosecutor of the certiorari by which those proceedings were brought into the supreme court Upon its review of those proceedings, the supreme court adjudged them to be a nullity, upon the ground that the statute purporting to confer upon the city authority to take such proceedings was unconstitutional. We find no error in this judgment Without looking further, we think the title of the act does not comply with the constitutional requirement that it shall express the object of the law. Article 4, § 7. The title states that the object is to legislate for the cities of the state, as a class. The act excludes from its operation all of these cities, except those within the third class. No one, on reading the title, could reasonably understand that the body of the act was to have so limited an effect Coutieri v. Mayor, etc., 44 N. J. Law, 58.
Judgment affirmed.
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