Bayliss v. Mayor of North Arlington

The opinion of the court was delivered by

Trenchard, J.

This certiorari brings under review a resolution and contract of the borough of North Arlington, whereby the borough attempted to make a contract with Jersey City to provide for a water-supply by Jersey City to the borough.

The prosecutors contend that neither the borough nor the city had legal authority to make the contract in question.

It seems to be undisputed that if the borough has authority to execute such a contract for a water-supply, it is found in section 76 of the Borough act of 1897 (Pamph L., p. 323), as amended by Pamph. L.…