Town  of  Herkimer,  6  N.    Y.   Civ.  Reddy,  4S  Barb.  (N.  Y.)  539  (1865);

Proc.  Rep.  297  (1884).  People  ex  rel.  Heiser  v.   Assessors,

*  People   ex  rel.  v.   Assessors  of  16  Hun  (^T.  Y.)  407  (1878);  People

Town  of  Herkimer,  6  N.  T.   Civ.  ex  rel.  v.  Dunkirk,  22  N.  Y.  Week.
Proc.  Rep.  297  (1884).  Dig.  240  (1885).
'  People  ex  rel.  Porter  v.  Tomp-


TO   WHOM   WRIT   ISSUED — ^RETURN.  253

In  People  ex  ral.  Porter  v.  Tompkins,^  it  is  held  that  when
the  inquiry  is  as  to  whether  the  action  and  determination
were  legal  and  should  be  set  aside  or  confirmed,  the  writ  may
be  effectual  after  the  powers  of  the  tribunal  or  officers  have
ceased  as  to  the  matter  in  question,  because  it  is  mere  matter
of  review  ;  when  the  purpose  of  the  proceedings  is  to  have  the
direction  of  the  court  for  those  to  whom  the  writ  is  issued,  to
take  some  act  by  way  of  correction  of  an  error,  it  must  be
within  the  power  of  such  officer  or  tribunal  to  perform  it  or
the  writ  cannot  properly  issue.
