The People ex rel. John Mann, Respondent, v. Jacob Mott et al., Appellants

The People ex rel. John Mann, Respondent, v. Jacob Mott et al., Appellants. The jurisdiction of a town clerk to summon a jury to reassess damages for laying out a highway, and that of the jury to act, depends upon the precedent condition that the proceedings have been commenced by the service, within the time prescribed by statute (§ 8, chap. 455, Laws of 1847), of a notice by a party feeling himself aggrieved. Where, therefore, the notice was served upon the town clerk more than twenty days after the filing of the commissioners’ assessment, held, that the jury had no jurisdiction, and that a reassessment by them was void. When the assessment of the commissioners is completed and delivered to the commissioner of highways, their power is exhausted. They cannot thereafter substitute another; and a paper, purporting to be a revised or amended assessment subsequently filed, has no legal force or validity. (Submitted April 15, 1875; decided April 27, 1875.) This was an appeal from a General Term order reversing, upon certiorari, proceedings for assessment of damages by a jury upon laying out a highway in the town of Greenburgh, Westchester county. The assessment of the commissioners appointed by the county court was completed, delivered to the commissioner of highways, and by him filed in the town clerk’s office on the 18th January, 1873, as prescribed by the statute. (§ 5, chap. 180, Laws of 1845; as amended by § 3, chap. 455, Laws of 1847.) On the twenty-ninth January a paper was signed by the commissioners, purporting to be an amended assessment different from the original; in that it defined the consideration for which the damages were allowed, i. e., whether for land or for expense of fencing. This was filed February 14th, 1873. On the twpnty-fifth February a notice for a reassessment, by parties feeling themselves aggrieved, was served upon the town clerk. He, thereupon, summoned a jury and proceedings were had, as prescribed by the statute, for a reassessment of the damages. Held, as above stated. G. Frost for the appellants. J. 0. Dykman for the respondent. [MAJORITY — Andrews, J.,] Andrews, J., reads for affirmance. All concur. Order affirmed.