State v. Mayor

• Decision Date: 13 June 1898
• Citation: 40 A. 653,62 N.J.L. 188
• Parties: STATE (NORTHERN R. CO. OF NEW JERSEY et al., Prosecutors) v. MAYOR, ETC., OF CITY OF ENGLEWOOD.
• Court: New Jersey Supreme Court

40 A. 653

62 N.J.L. 188

STATE (NORTHERN R. CO. OF NEW JERSEY et al., Prosecutors)

v. MAYOR, ETC., OF CITY OF ENGLEWOOD.

Supreme Court of New Jersey.

June 13, 1898.

(Syllabus by the Court.)

Certiorari by the state, on the prosecution of the Northern Railroad Company of New Jersey and others, against the mayor and city council of the city of Englewood, to re view proceedings of defendants in opening a street and taking land of prosecutors therefor. Judgment for prosecutors.

Argued February term, 1898, before DIXON and COLLINS, JJ.

C. L. Corbin, for prosecutor Northern R. Co.

G. R. Dutton, for prosecutors John E. Tuttle and another.

R. P. Wortendyke, for defendants.

COLLINS, J. These writs bring up proceedings of the defendant to open Van Brunt street, Englewood, and to take therefor lands of the prosecutors on an award of damages and an assessment of benefits. The defendant's incorporation is under "An act authorizing any town, township or borough or part thereof containing a population exceeding five thousand inhabitants, to be incorporated as a city, after a vote of the people, and providing for the government and powers of such cities," approved March 22, 1895 (1 Gen. St. p. 762). The pertinent legislation is in an amendment approved April 6, 1897 (Pub. Laws, p. 155), and is as follows:

"Sec. 9. Section sixty-three of the said act is amended so as to read as follows: 'Sec. 63. Streets or sections of streets shall be laid out, opened, straightened, extended, widened, or otherwise changed as to their boundaries, vacated, graded, flagged, macadamized, paved, curbed, guttered or otherwise improved, except as hereinafter otherwise provided, in the following manner and not otherwise: A petition, in writing, signed by the owners of one-sixth of the property fronting on the improvement desired, shall be presented to the council, setting forth accurately the improvement desired; if the council shall decide in favor of the petition the same shall be referred to the commissioners of assessment and a city surveyor not interested in such improvement. * * * They shall, under their hands, make a report of the facts ascertained and of the appraisements, estimates, determinations and assessments made by them concerning said improvement, and shall file such report and their map with the clerk of the city; thereupon the said clerk shall cause a notice of the filing of said map and report, * * * which * * * shall state the time and place when and where the council will meet to hear and consider any objections to said report or to the improvement, which shall be presented in writing; * * * if the said council shall then determine to make said improvement, notwithstanding any objections to the same, the said council shall confirm said awards, * * * and pass an ordinance ordering said improvement to be made and completed in such manner as said council may direct, under the supervision of said commissioners of assessments: Provided the said council shall not proceed to make any such improvement if the owners of the property subject to more than one-half of the assessments for the improvement shall remonstrate against the same being made. * * * The said council shall also pass a resolution directing the several sums awarded to be paid to the persons to whom the awards are made; * * * after the completion of said improvement the...