Aug 24 HOWARD'S PRACTICE REPORTS IN THE SUPREME COURT AND COURT OF APPEALS OF THE STATE OF NEW YORK. By R. M. STOVER, REPORTER. VOLUME LIV. ALBANY: WILLIAM GOULD & SON, LAW BOOKSELLERS AND PUBLISHERS. 1878. 30 Entered according to act of Congress, in the year eighteen hundred and seventy-eight, BY WILLIAM GOULD & SON, in the office of the Librarian of Congress, at Washington. Rec. May 21, 1978 THE ARGUS COMPANY, PRINTERS AND STEREOTYPERS, ALBANY, N. Y. PRACTICE REPORTS. SUPREME COURT. THE PEOPLE on the relation of THE CENTRAL NATIONAL BANK agt. EDWARD FITZGERALD as treasurer of Rensselaer county. Vandamus--the proper remedy to compel the payment by the county treasurer of certain bills audited by a board of supervisors-certificates of audit conelusive as between the parties — estoppel. Where bills of several individuals, which were in the form prescribed by law, were duly presented to the board of supervisors of a county, who, acting in their judicial capacity, passed upon and audited the same, giving to each person a certificate of audit, which certificates were duly assigned to the relator, who advanced the money thereon: Held, that on the refusal of the county treasurer to pay the same a mandamus was the proper remedy to compel their payment. The certificate of audit is conclusive against the county. As the law gives no appeal from the determination of the board of supervisors in auditing and allowing, or rejecting claims properly submitted to be audited, it necessarily follows that their action is final and conclusive. It seems the principle of estoppel applies, and prevents the county treasurer setting up that the persons in whose favor the certificates were given are fictitious and the bills fraudulent. Albany Special Term, May, 1877. MOTION for a peremptory mandamus. Messrs. Neary & Martin, for relator. Mr. E. L. Fursman, for respondent. WESTBROOK, J. — The board of supervisors of the county of Rensselaer, at its regular session in 1876, audited several bills to different individuals, which were in the form pre |