
    Case of the Mayor, Aldermen and Commonalty, of the city of New-York, in the matter of enlarging and extending Dover-Street, in the city of New-York.
    e assessment, for enlarging a city^of W y*5 has been made and deposited, published, an affidavit against its connoUatd before the commisreceived^if \t appears that objecting had expired, before the party opposing was, in fact, appriceeding; ^and the matter will be referred back to the ' commissioners.
    W. S. Johnson, moved, that the report of the commissioners of estimate and assessment be confirmed.
    
      Brackett, contra,
    read several affidavits, of persons interested, in opposition to the report; shewing it to be inean(j although a copy of the estimate and assessment had been deposited and advertised, as required by the .. -,, - 7 , ^ 7 . 182d section of the act to reduce several laws, relating parOcularly to the city of New-York, into one actf (sess. 36, ch. 86, 2 R. L. 417,) yet they were never, in fact, apprized of *he proceeding, until the time within which that section required objections to be stated to the commissioners. That, for this reason, the affidavits had not been laid before the commisSjoners.
   Johnson, referred to the case of The Mayor, 8/c. in the matter of enlarging and extending Harman-Street, in 16 J0fm, 231 as conclusive against receiving the affidavits, on 7 . ° ° account of their not having been laid before the commissionerSa

Brachett, distinguished the present case from that of Harman-Street. In that, there was no excuse offered, for not objecting before the commissioners. ’

Curia.

We are authorized, by the 178th section of this act, (2 R. L. 413,) either to confirm the report, or refer the same to the commissioners, for revisal and correction. The affidavits present a case of surprise, upon these parties. They had no opportunity to object before the commissioners, for they knew nothing of their proceedings. Let the report be referred to the commissioners, who are to give an additional notice, suchas is required by the 182d section, for ten days, during which the report is to lie open for inspection, objection, and re-consideration, as authorized by thát section, the original publication of the notice.

Rule accordingly.  