In view of the decision ( the late general term, Fourth department, i Town of Wirt v. Board of Sup’rs of Allegan Co., 90 Hun, 205, 35 N. Y. Supp. 887, and th decision of the appellate division, Fourth de partment, in June, 1898, reversing the case o Thacher v. Board, 21 Misc. Rep. 271, 47 N. Y. Supp. 124, we conclude to affirm the judgmen in the present case.