“ This statement of the contention of the respondents is it own sufficient refutation.
In form the permit is a mere naked permission to build. Two of the three clauses relied upon to create rights of property in the streets are derived from the Building Regulations, which, as their name implies, are designed to regulate the materials of buildings and the manner of their construction and use; they are not looked to, on such a mere reference as we have here, for a grant of rights in streets; and the third clause is from the acceptances of the permits, which are signed only by the applicants. ”

“ The respondents the R. P. Andrews Paper Company and Abraham Lisner defended against the collection of the assessments, claiming that their permits to construct were in such form as to create in each by contract a vested right of property in the vault in the street, of which they would be deprived without due process of law if they were required to pay the rental. ”

“ Whatever rights in the streets this respondent has must be derived from the application made in 1884 for a permit to erect a building with adjacent vaults, and from the presumption of a permit, arising from the fact that a vault was constructed and has been in use ever since. ”