64 N.Y. 53, People ex rel. Atkinson v. Tompkins

Citation:64 N.Y. 53
Party Name:THE PEOPLE ex rel. JOHN H. ATKINSON et al., Commissioners of Highways, etc., Appellants, v. GILBERT TOMPKINS, Jr., Supervisor, etc., Respondent.
Case Date:January 25, 1876
Court:New York Court of Appeals
 
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Page 53

64 N.Y. 53

THE PEOPLE ex rel. JOHN H. ATKINSON et al., Commissioners of Highways, etc., Appellants,

v.

GILBERT TOMPKINS, Jr., Supervisor, etc., Respondent.

New York Court of Appeal

January 25, 1876

Argued Jan. 18, 1876.

Page 54

COUNSEL

Samuel Hand and Lewis Beach for the appellants. The fact that the meeting was not held on the first Monday in September does not invalidate the action of the town officers.

Page 55

( Julian v. Rathbone, 39 N.Y. 369; People v. Suprs. Ulster Co., 34 Id., 268; People v. Village of Yonkers, 39 Barb., 268; Potter's Dwar. on Stat., note 29, pp. 222-226.) It was not necessary that all four justices should sign the certificate of consent. (2 R. S. [ 2d Edm. ed.], 575; People v. Nichols, 52 N.Y. 478.)

H. Gedney for the respondent. The proceedings of the town officers in making and signing the certificate were void. ( People v. Suprs. of Ulster, 34 N.Y. 268; 39 Id., 196; Sears v. Burnham, 17 Id., 448; 2 Dal., 316; 4 Pet., 152; Sharp v. Spiers, 4 Hill, 76.)

MILLER, J.

This appeal involves the construction to be placed upon the first and second sections of chapter 855, of the Laws of 1869 as amended by chapter 260 of the Laws of 1874, which several acts relate to the extension of the powers of boards of supervisors, except in the counties of New York and Kings. It is evident upon a careful perusal of the sections referred to, that the intention of the Legislature was to provide for two classes of cases, and each one distinct and separate from the other. By the first section the board of supervisors are vested with power to authorize the supervisor of any town in the county, with the consent of other town officers who are named, to borrow such sum of money, upon the credit of the town, not exceeding one-half of one per cent on the assessed valuation, as said town officers may deem necessary, to build or repair roads and bridges. The board are also to prescribe the form of the obligation to be issued for the loan, the time and place of payment, the rate of interest, and to impose a tax for the collection of the same as provided. The provision cited also contains directions as to the meeting of the town officers to determine what amount shall be borrowed, the issuing of the bonds and other matters connected with the same, and the entire section constitutes a complete system for incurring the debt and its...

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