
    THE PEOPLE ex rel. FREDERICK S. HIESER, Executor, Appellant, v. THOMAS B. ASTEN and others, Respondents. THE PEOPLE ex rel. WILLIAM MEYER, Appellant, v. THOMAS B. ASTEN and others, Respondents.
    
      Gha/p. 729 of 1872 — duty of hom'd of assessors to Jtte statement of damages.
    
    Under chapter 729 of 1872, relating to the change of the grade of Eighth avenue in the city of New York, the board of assessors are required to make and file in the finance department of the city, a just and equitable statement of the amount of the damage, loss or injury which the owner or owners .of buildings fronting on the avenue, and opposite to the improvement, sustained by the change of grade, without reference to any certificate or assessment list received from any source whatsoever.
    Accordingly, held, that where the board of assessors refuses to make and file such statement, on the ground that they had not as yet received from the department of public works, a certificate of the completion of the work or any list of the assessments, a peremptory writ of mandamus should issue, requiring them to hear and determine the relators’ claims and make and file awards, in case the damages claimed or any part thereof appeared to have been occasioned by the improvement.
    Appeals from orders made at the Special Term, denying motions for writs of peremptory mandamus.
    
      H. M. Whitehead, for relator Hieser. James A. Deerimg, for relator Meyer. William Barnes, for respondent.
   Opinion by

Daniels, J.

Brady, J., concurred.

Orders reversed with ten dollars costs and disbursements, and writs directed to be issued.  