People ex rel. Russell v. Board of Supervisors

Headnote

Newtown week— Chap. 540 of 1868 —power of board of supervisors undw.

Under the provisions of chapter 540 of 1868, authorizing the supervisors of New-town and the Seventeenth ward of the city of Brooklyn to take charge of the bridge over Newtown creek, keep the same in repair, “ and appoint a proper person to attend and manage the draw in the bridge,” the power of the supervisors is exhausted by the appointment of a person to attend and manage the draw, and they have no authority to appoint an assistant keeper; and a person employed as an assistant, is a mere employe of the keeper and may he discharged by him.

Appeal from an order, denying an application for a mandamus to compel tlie defendant to audit and allow the claim of the relator, for eight months’ wages, as assistant in attending the draw in the bridge over Newtown creek.