On demurrer to returns made to alternative writs of mandamus.
For the County of Hudson and Frank J. Farley, Daniel T. O'Regan and Frank G. Schlosser.
For the State of New Jersey, Homer C. Zink and Robert C. Hendrickson, Walter D. Van Riper and John W. Griggs.
Before Justices Bodine, Perskie and Wachenfeld.
The opinion of the court was delivered by
BODINE, J. These are companion cases.
In No. 269, there was an alternative writ of mandamus directed to the state officers named with respect to the payment of $51,964.52, the current balance of state aid due to the County of Hudson for principal and interest requirements on its road bonds under Pamph. L. 1945, ch. 52. The return alleges, in substance, the following:
1. The office of Prosecutor of the Pleas in the County of Hudson was vacant from February 4th, 1944, to April 30th,
1945, and Walter D. Van Riper as Attorney-General of the State of New Jersey administered the office.
2. In the conduct of the office, the Attorney-General did incur expenses for investigation, clerical and other assistants in the sum of $51,964.52, which was paid by the State of New Jersey.
3. In conformity with the provisions of the statute (R.S. 52:17A-5) there was presented to the then President Judge of the Court of Common Pleas, a statement of the expenditures, and the judge by his order dated February 20th, 1946, as amended by his order dated April 17th, 1946, approved the same and ordered Frank J. Farley, treasurer of the county, to pay the money.
4. Notwithstanding the provisions of R.S. 52:17A-5 and the order of the President Judge, the treasurer of the County of Hudson ...