34 N.J.L. 131 | N.J. | 1870
The only question in this matter is, whether certain lands in-Hudson City, Hudson county, held by the mayor and common council of Jersey City, and assessed in 1868 as blocks 83, 84, 85, 91, and 92, are exempt from taxation. By the act to authorize the construction of works for' supplying Jersey City and places adjacent with pure and wholesome water, approved March 25th, 1852, (Dates 1852, p. 420, § 2,) the water commissioners were empowered, for and in-the name of the mayor and common council of Jersey City, to take and hold any lands or other real estate necessary for the construction of any canals, aqueducts, reservoirs, and other works for conveying or containing water, &c., and, in general, to do any other act necessary or convenient for accomplishing the purposes of the act. Under section twenty-three of that act, the land held for the purposes of the works
The other property included in the assessment was, at the time, in actual use by the existing reservoir and for other proper purposes, and was clearly exempt, .and so admitted.
For the reasons stated, the whole assessment must be set aside.
Dalrimple and Scudder, Justices, concurred.