The question presented in this case has been determined adversely to the defendant in Town of Blenheim v. The Board of Supervisors of Schoharie County, 121 N. Y., 345; 31 N. Y. State Rep., 420. And upon the authority of that case the judg*42ments of the general and special term must be reversed and a new trial granted, costs to abide the event.

All concur.