
    COUNCIL OF THE VILLAGE OF ALLEN PARK v. ALLEN PARK VILLAGE CLERK.
    1. Municipal Corporations—Special Assessment Bonds—Elections.
    Statute prohibiting a village from authorizing “any issue of bonds except special assessment bonds * * * unless approved by three:fifths of the electors voting thereon” excepts special assessment bonds from need of electoral authorization (1 Comp. Laws 1929, § 1788).
    2. Same—Bonds in Anticipation of Collection of Special. Assessments—Liability of Village for Payment.
    The right of a village to issue bonds in anticipation of collection of special assessments carries a liability to pay the bonds, such bonds being excepted from the amount of prohibited village indebtedness (1 Comp. Laws 1929, § 1788).
    3. Same—Refunding Special Assessment Bonds—Elections— Counter-Signature by Village Clerk.
    A village clerk is under a mandatory duty to countersign refunding special assessment bonds pledging the full faith and credit of -the village as authorized by the village council without vote of village electors where village charter requires his signature and statute authorizes issuance of special assessment bonds without such vote .(1 Comp. Laws 1929, § 1788).
    4. Courts—Opinion as Precedent—Brief Amicus Curiae.
    "Where point argued in brief amicus curiae was presented in appeal and rightly considered by the court, the opinion as to such point was a precedent and not merely dictum, although the point was not argued by counsel representing the parties.
    5. Costs — Municipal Corporations — Mandamus — Issuance of Bonds.
    No costs are allowed in mandamus proceeding to compel village clerk to countersign refunding special assessment bonds authorized by village council (1 Comp. Laws 1929, § 1788).
    Petition by Etril L. Leinbacb and others, as tbe council of tbe Village of Allen Park, Michigan, for a writ of mandamus to require Stanley H. Burbank, Village Clerk, to countersign refunding.special assessment bonds.
    Submitted June 22, 1944.
    (Calendar No. 42,808.)
    Writ granted September 11, 1944.
    
      Claude H. Stevens, for plaintiff.
    
      Harry Velhnure, for defendant.
    
      Miller, Canfield, Paddoch & Stone, amici curiae.
    
   Wiest, J.

Tbe council of tbe village of Allen Park, by petition, seeks our writ of mandamus directing the village clerk to countersign refunding special assessment bonds, pledging tbe full faitb and credit of tbe village as authorized by tbe council. Tbe clerk refuses so to countersign, claiming such refunding special assessment bonds may not issue unless authorized by vote of the village electorate.' Tbe charter of tbe village requires that bonds be countersigned1 by tbe clerk. Tbe original special assessment bonds, authorized by tbe village council, pledged the full faitb and credit of tbe village, without vote of tbe village electors. Tbe purpose of refunding, in part, is to reduce tbe rate of interest.

The question of law here involved, is well stated as follows in petitioner’s brief:

“Is an electoral vote' necessary, under tbe provisions of Act No. 278, §26, subd. (e), Pub. Acts 1909, as amended?”

Tbe statute, 1 Comp. Laws 1929, § 1788 (Stat. Ann. § 5.1536), relating to prohibited bond issues', provides:

“(e) Or authorize any issue of bonds except special assessment bonds, * * * unless approved by three-fifths of tbe electors voting thereon at any gene-ral or soecial election.”

Counsel for defendant concedes that no electoral vote was required by the village charter. The sole question turns upon, the meaning of the term “special assessment bonds,” as employed in the mentioned section of the village home rule act. The quoted subdivision excepts special assessment bonds from need of electoral authorization.

Counsel for defendant urges us to circumscribe the term “special assessment bonds” as employed in the statute to such as are payable solely from the assessments levied against districts and the collections thereof made. So to hold would render the village, maker of the bonds, a mere tax collector for the bondholders. The right of the village to issue bonds in anticipation of collection of special assessments carries a liability to pay the bonds. Such bonds are excepted from the amount of prohibited village indebtedness.

Counsel for plaintiff cite our opinion in Callahan v. City of Berkley, 307 Mich. 701. That case is in point. Counsel for defendant claims that, upon the pivotal point here involved, the opinion was dictum in that, while the point was presented in the* appeal, it was not argued by counsel representing the parties. It was argued in the brief amicus curiae, rightly considered* and a motion for rehearing denied.

The village clerk is directed to countersign the refunding bonds, as issued by the village council. No costs,

North, C. J., and „Starr, Butzel, Bushnell, Sharpe, Boyles, and Reid, JJ., concurred.  