reads for reversal; Gbay and Dwight, CC., concur in result on ground that section 38 of the amendatory act of 1871, so far as it relates to the confirmation of assessments, is void, being in contravention of section 16, article 3, of the State Constitution.

Eabl, C., reads for affirmance; Reynolds, C., concurs.

Judgment reversed and new trial granted.