Mahlon Pitney

“ The first point-whether the interest of appellant and of his predecessor in title were taxable under the laws of the state-is the one chiefly relied on in this court. It is insisted, and for the purposes of the decision we assume, that the state laws provide for taxing lands only against the owner, and not against a lessee. Hence, the crucial question on this branch of the case is whether the riparian grant under which appellant derives his title is a mere lease, as contended by him, or confers such an ownership as is taxable under the state laws ”

“ Bayonne, 80 N. J. Law, 596, 77 Atl. 1048, the Supreme Court of the state held that a riparian grant of the same character amounted to a conveyance in fee subject to a rent charge, and that the lands were taxable in the hands of the grantee. A similar view as to the nature of the estate which passes under a 'riparian lease' was taken by Vice Chancellor Leaming in the recent case of Ocean Front Imp. Co. v. Ocean City Gardens Co. (N. J. Ch.) ”

“ The lands in question were granted or leased April 30, 1881, by the state of New Jersey, acting by its riparian commissioners appointed under an Act of March 31, 1869 (P. L. p. 1017) , supplementary to an Act of April 11, 1864 (P. L. p. 681) . The recipient of the grant was the Morris & Cumings Dredging Company, a corporation of the state of New York, and this company on February 24, 1904, assigned its interest to appellant. The taxes in question were assessed annually for the years 1883 to 1905, inclusive, amounted in all to $163,392.24, and remain unpaid. ”