I am of opinion that the court below erred. No doubt the act in relation to common schools, contemplates that the inhabitants, at their annual or special meeting, shall specify in their resolutions authorizing the levy of a tax for the purposes mentioned, some definite amount to be raised, and not leave that to be determined by the trustees at
It seems to me impossible to say, therefore, upon this state of the case, that any discretionary power was committed to the trustees in respect to the amount of the tax, beyond what the law clearly confers upon them. It might with as much propriety be said, if the building had been already sold, and the avails in the hands of the trustees when the vote was taken, and they directed to deduct the amount from the $400, that the proceeding would have been void for not fixing a definite sum. The power to sell and realize the price is as perfect as it would be to make the mathematical deduction of the amount.
Judgment reversed.