
    PEOPLE ex rel. WALRATH et al., Respondents, v. BOARD OF ASSESSORS OF BROWNVILLE et al., Appellants.
    (Supreme Court, Appellate Division, Fourth Department.
    May 3, 1904.)
    Proceeding by the people of the state of New York, on the relation of Jane Walrath and another, against the board of assessors of the town of Brownville and others.
   PER CURIAM.

Judgment and order modified, so as to provide that the costs of the proceeding be awarded and taxed against the defendants in their official capacity, and not personally, and, as so modified, affirmed, without costs of this appeal to either party. Reid, that the finding of the referee that the defendants acted in bad faith is contrary to the evidence.  