46 N.Y.S. 1084 | N.Y. Sup. Ct. | 1897
There is no provision in the special charter of the village authorizing what has been done. But by chapter 308 of the Laws of 1884, the powers conferred upon trustees of villages by the general village act, axe conferred upon the trustees of villages created by special charters, except in the particulars in which provisions of a special charter may conflict with the general act. We must therefore look to the general village act (chap. 291, Laws 1870), and the separate general act of 1888 (chap. 525), authorizing villages to acquire lands for parks, for authority to purchase this land and to issue the bonds in question therefor, and levy and collect the sums necessary to pay the interest thereon, and the principal, as they come due annually. The latter act does not authorize the issuing of bonds (Wells v. Town of Salina, 119 N. Y. 280), but we find that authority in the general village act. Sections 4 and 5 of title 4 thereof provide for the issuing of bonds for extraordinary expenditures after the proposition to do so shall be voted upon by ballot and carried at a regular or special election, by
If the said act of 1888 should be held to authorize the issuing of bonds as well as the purchase of the land, nevertheless the vote of electors required by it means in' this case of such electors as may vote upon such propositions under the general village act.
By the special charter of this village, every inhabitant thereof qualified to vote for member of assembly is qualified to vote “ for all officers to he elected by virtue of this act, and upon questions which may he submitted by virtue of this áct to.the inhabitants of the village.” But this has no application, as the proposition voted upon at the election in question was not, and could not be, submitted under this act, hut was submitted under the act of 1888 and" the general village act, as we have seen.
I am constrained to grant the injunction.
Ordered accordingly.