People ex rel. Brewster v. Board of Supervisors

Headnote

People ex rel. Brewster v. Bd. Suprs. Westchester Co., 173 App. Div. 953 , affirmed.

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered April 25, 1916, which affirmed an order of Special Term granting a motion for a peremptory writ of mandamus to compel the board of supervisors to meet and pass a bond issue of the county of Westchester in the aggregate principal sum of $100,000 for the purpose of paying certificates of indebtedness theretofore issued under authority of the said board of supervisors in like amount, which

certificates were due on the 1st day of November, 1915. By chapter 111 of the Laws of 1915 there was created for the county of Westchester a building commission with authority for the erection and furnishing of certain county buildings specified and designated in the act, and the board of supervisors was authorized to borrow money and issue temporary certificates of indebtedness and bonds to pay the same. The board of supervisors having exercised its discretion in authorizing the issuance of certificates in the sum of $100,000, and having fixed November 1, 1915, as the due date for said certificates, endeavored at subsequent sessions to pass bond issues in various amounts, all of which were defeated, due to the fact that the bond issue acts failed to receive a two-thirds vote of all the members elected to the board in accordance with the requirements of the General Municipal Law.