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Gornell Law School Library
HU Lib
KFNS758.491 1869 8”

iii
A TREATISE

ON THE

POWERS AND DUTIES

OF

SUPERVISORS

IN THE

STATE OF NEW YORK,

CONTAINING COPIOUS REFERENCES TO THE STATUTES, AND THE
LEADING AND LATEST JUDICIAL DECISIONS;

WITH AN

APPENDIX OF PRECEDENTS AND RULES OF THE BOARD.

SECOND EDITION.

Bry HENRY 8S. McCALL,
COUNSELLOR-AT-LAW,

AUTHOR OF “CIVIL AND CRIMINAL JUSTICE,” “CLERK'S ASSISTANT,” “THE ¥O RMS,” BIC., ETC

ALBANY:
W. C. LITTLE & CO., LAW BOOKSELLERS.
1869.
 

Entered according to Act of Congress, in the year 1869,
By W. C. LITTLE & CO.,

In the Clerk’s office for the Northern District of New York.

 

Van Bentuvrsen & Sons, PRINTERS.
PREFACE

TO THE SECOND EDITION.

Tue great favor with which the public received the
excellent work of Mr. Hut, on county and town officers,
has induced the publisher to provide a second edition of
that portion of the treatise having reference to the duties

of the Supervisor.

The powers and duties of Supervisors have been very
much enlarged since the previous edition of the work,
hence many and valuable additions have been made,
adapting it to the present needs of the officers for whom
it has been more particularly prepared ; and suiting it to

- the wants of the legal profession.

OcroBErR, 1869.
HENRY S. McCALL.
CONTENTS.

CHAPTER I.
Or THE SUPERVISORS.

Sec. 1. Wuo ExicrBte.
2. How Crosen orn APPOINTED.
3. OatH OF OFFICE.

4. GENERAL DUTIES.

CHAPTER JI.

Or THE Boarp oF SUPERVISORS.

Sec. 1. THerr Powers, Duries™anp LIABILITIES.
2. Duties oF THEIR CLERK.

3. Move or ProcepureE a8 A BoaRD.

CHAPTER III.

Or Freres oF OFFICERS.

CHAPTER IV.

Or THE Boarp oF Town AvupDrIrors.
CHAPTER I.

OF THE SUPERVISOR.
Szcrion 1. Who eligible.

2. How chosen or appointed.

3., Oath. of office.

4. General duties.

Section 1. Wuo. ELIGIBLE.

No person is eligible to the office of supervisor,
unless he be an elector of the town for which he
is chosen; nor can a supervisor, while holding that
office, be appointed a commissioner of deeds, see
1 R. 8. 401, 5¢h ed., county treasurer, or superin-
tendent of the. poor, see 2 R. S. 841, 5t% ed. Nor is
any person holding the office of commissioner for
loaning the moneys belonging to the United States,
deposited with the State of New York for safe
keeping under the act passed April 4th, 1837, eligi-
ble to the office of supervisor; nor is a supervisor
eligible to the office of commissioner under that
act, see Laws of 1838, chap. 58, p. 34; nor can a trus-
tee or commissioner of common schools hold the
office of supervisor.

Section 2. How cHOsEN OR APPOINTED.
He is chosen by the electors of the town, at the
annual, or at a special town meeting, and forfeits
to the town the sum of fifty dollars if he refuses

__ to serve. See 1 R. S. 821, 5th ed.

1
2 Or THE SUPERVISOR.

If his name appears on the poll list, that is to be
deemed a sufficient notice of his election; but if
not, he is entitled to a notice of his election from
the town clerk of the town, within ten days after
the meeting at which he is chosen.

May be appointed.] The supervisor may also be
appointed by three justices of the peace, in case
the electors of the town do not, within fifteen days
after a vacancy occurs in that office, supply the
same by an election at a town meeting. 1 RS.
828, 5th ed.

A vacancy is deemed to occur in that office
whenever the town shall neglect at its annual town
meeting to choose a supervisor, and also when he
refuses to serve, or shall die, or resign, or remove
out of the town, or become incapable of serving
before the next annual town meeting after he shall
have been chosen or appointed. In case of a tie
vote for the office of supervisor at an annual town
meeting, if the meeting should adjourn without
electing one, and the justices should duly appoint,
the appointee would hold the office, and not one
elected at a special town meeting. The People v.
Van Horne, 18 Wend. 515.

Section 3. Oata oF OFFICE.

The next step after notice of his election or
appointment, and within ten days thereafter, is to
take the oath, denominated the constitutional oath.
(See Form, Appendiz, No. 1.) This oath must be
taken before a justice of the peace, commissioner
of deeds, county clerk, or some officer authorized
by law to administer oaths. The officer adminis-
Or THE SUPERVISOR. 8

tering the oath must certify in writing the day and
year when the same was taken, and deliver the
same to the person by whom the oath was made.
Such certificate must be filed within eight days
thereafter with the town clerk. An omission to
take and subscribe such oath and file such certifi-
cate within the times above mentioned, is deemed
a refusal to serve.

Section 4. GENERAL DUTIES.

The following are the provisions of the Revised.
Statutes defining their duties. (These powers,
however, have recently been very much enlarged,
which will be fully mentioned in their appropriate
place.) é

To give bond.] Every supervisor, within thirty
days after entering upon the duties of his office,
must give a bond to the town clerk, conditioned
for the faithful performance of his duties, and that.
he will well and truly keep and pay over and
account for all money belonging to his town, and
coming into his hands as such supervisor. Laws
of 1868, ch. 721.

To receive and disburse town moneys.]| The super-
visor of each town must receive and pay over all
moneys raised therein for defraying town charges,
except those raised for the support of highways
and bridges, of common schools, and of the poor.

To sue for penalties.| He must prosecute in the
name of his town, or otherwise, as may be neces-
sary, for all penalties of fifty dollars or under, given
by law to such town or for its use, and for which
no other officer is specially directed to prosecute.
4 Or THE SUPERVISOR.

Must keep accounts.| He must keep a just and true
account of the receipt and expenditure of all mon-
eys which come into his hands by virtue of his
office, in a book to be provided for that purpose,
at the expense of the town, and to be delivered to
his successor in office. (Form of supervisar’s book,
Appendix, No. 2.)

On the Tuesday preceding the annual town
meeting, he must account with the justices of the
peace and town clerk of the town, for the disburse-
ment of all moneys received by him.

In case of failure to render an account, the jus-
tices of the peace and town clerk may compel him
to do so, or they may commence an action to reco-
ver any money or property of the town which he
has not duly aecounted for. Laws of 1866, ch. 534.

At every such accounting, the justices and town
clerk must enter a certificate in the supervisor's
book of accounts, showing the state of his. accounts
at the date of the certificate. (Form of certificate,
Appendix, No. 3.).

To attend board of supervisors.) The supervisor of
each town must attend the annual meeting of the
board of supervisors of the county, and every ad-
journed or special meeting of such board, of which
he has notice.

He must reeeive all accounts which may be pre-
sented to him against the town, and lay them
before the board of supervisors, at their next meet-
ing.

He must also lay before the board of supervisors
such copies of entries concerning moneys voted to
Or THE SUPERVISOR. 5

be raised in his town, as shall be delivered to him
by the town clerk.

To cause surveys to be made.| Whenever the super-
visor of any town is required by the State Engineer
and Surveyor to cause a survey to be made of the
bounds of his town, it becomes the duty of such
supervisor, within sixty days thereafter, to cause
such survey to be made, and to transmit by mail,
or otherwise, a map and description thereof to such
officer. The expense of such survey and map must
be defrayed by the several towns whose bounds
either wholly or in part shall be described thereby :
such expense to be apportioned by the board of
supervisors of the county.

Penalty for neglect.] If any supervisor refuses or
neglects to perform the duties last above enjoined,
he forfeits the sum of fifty dollars. 1 R. 8. 830,
5th ed.

To approve the bond of the overseer of the poor.| He
is to receive the bond of the overseer of the poor,
to examine the same, and, if correct, endorse his
approval thereon, and file the same, within five
days, in the office of the town clerk of the town.

The provision of the statute in regard to the
bond is: Every person hereafter elected or ap-
pointed to the office of the overseer of the poor in
the several towns of this State, within ten days
after being notified of his election or appointment,
shall execute to the supervisor of the town, a bond,
with one or more sureties, to be approved by such
supervisor, conditioned that he will faithfully dis-
charge the duties of his office, and will pay, accord-
6 Or THE SUPERVISOR.

ing to law, all moneys which shall come into his
hands as such overseer. 1 R. S. 827, 5th ed.

To approve the bond of the justices of the peace.] Every
justice of the peace elected in any of the towns or
cities of this State, shall, before he enters on the
duties of his office, execute an instrument in writ-
ing, with two sureties, to be approved by the super-
visor of the town or ward in which such justice
shall reside, conditioned that he will pay over, on
demand, all moneys received by him in virtue of
his office, to the person or persons entitled to the
same, and file the said instrument in writing in
the office of the city or town clerk, in which he
shall reside. Laws of 1865, ch. 180, p. 190.

In addition to the powers and duties above men-
tioned, it is made the duty of the supervisor, when-
ever it shall be deemed necessary by the assessors
of any town to have an actual survey made, to
ascertain the quantity of any lot or tract of non-
resident lands which is divided by the town line,
to cause the necessary surveys to be made at the
expense of the town. 12. 8. 911, 5th ed.

In all proceedings against towns by name, the
first process, and all other proceedings requiring
to be served, must be served upon the supervisor.
It is also his duty to attend to the defence of the
same, and lay before the electors of the town, at
the first succeeding town meeting, a full statement
of such proceedings. 1 R. S. 836, 5th ed.

May appoint firemen.] The supervisor, together
with the justices of the peace, may appoint, in
writing, firemen, not exceeding forty to each fire
Or THE SUPERVISOR. 7

engine, in towns as distinguished from incorporated
villages. 1 R. S. 838, 5th ed.

Surplus moneys.| Whenever there are surplus
moneys, made by the sale of property distrained
upon by a collector for the non-payment of taxes,
and a controversy arises between the person for
whose tax the property was sold, and a person
claiming the surplus, on the ground that the prop-
erty sold belonged to him, it is made the duty of
the supervisor to receive and retain such surplus
moneys until the rights of the claimants can be
determined by law. 1 R. S. 919, 5th ed.

To approve bond of constable.| A constable, before
entering upon his duties, must execute an instru-
ment in writing, with one or more sureties to be
approved by town clerk or the supervisor. The
provision of the statute is, that, before entering
upon the duties of his office, and within eight days
after he shall be notified of his election or appoint-
ment, the person elected or appointed constable
shall execute, in the presence of the supervisor or
town clerk of the town, with one or more sureties
to be approved by such supervisor or town clerk,
an instrument in writing, by which such constable
and his sureties shall jointly and severally agree
to pay to each and every person who may be enti-
tled thereto, all such sums of money as the said
constable may become liable to pay on account of
any execution which shall be delivered to him for
collection. Such instrument, when approved by
the supervisor by his endorsement thereon, is to
be filed in the office of the town clerk. 12. 8S.

826, 5th ed.
8 Or THE SUPERVISOR.

To approve collector’s bond.| Every person chosen
or appointed to the office of collector, before he
enters on the duties of his office, and within eight
days after he receives notice of the amount of taxes
to be collected by him, shall execute ‘to the super-
visor of the town, and lodge with him, a bond,
with one or more sureties to be approved by such
supervisor, in double the amount of such taxes,
conditioned for the faithful execution of his duties
as such collector. The supervisor shall, within
six days thereafter, file such bond, with his appro-+
bation endorsed thereon, in the office of the county
clerk, who shall make an entry thereof, in a book
to be provided for that purpose, in the same man-
ner in which judgments are entered of record; and
every such bond becomes a lien on the real estate
of the collector and his sureties till its conditions,
with all costs and charges thereon, shall be fully
satisfied, 1 R. 8. 826, dth ed.

To approve bond of commissioner of highways.| Every
commissioner of highways shall, before entering
upon his duties, and within ten days after notice
of his election or appointment, execute to the
supervisor of his town, a bond, with ‘two sureties
to be approved by the supervisor, by an endorse-
ment thereon, and filed with him, in the penal sum
‘of one thousand dollars, conditioned that he will
faithfully discharge his duties as such commis-
sioner, and within ten days after the expiration of
his term of office, pay over to his successor what
money may be remaining in his hands as such
commissioner, and render to such successor a true
Or THE SUPERVISOR. 9

account of all moneys received and paid out by
him as such commissioner. 1 R. S. 826, 5th ed.

Overseers’ lists.] The supervisor is also required
to receive the lists of the overseers of highways
when prepared and presented according to the
statute, and to lay the same before tbe board of
supervisors of the county. Laws of 1868, ch. 791.

Bridges.| It is made the duty of the supervisor
to lay before the board of supervisors an estimate
of the improvements to be made on roads and
bridges, as the same is furnished to him by the
highway commissioner. 2 R. S.-382, 5th ed.

The supervisor may call a special meeting of the
board of town auditors, to audit the bills and ex-
penses for’erecting bridges. Laws of 1858, ch. 103.

To report paupers.| It is made the duty of the
supervisor of every town, in those counties where
all the poor are not a county charge, to report to
the clerk of the board of supervisors, within fifteen
days after the accounts of the overseers of the poor
have been settled by the board of town auditors,
in each year, an abstract of all such accounts for
the preceding year; which accounts must exhibit
the number of paupers that have been relieved or
supported in such town the preceding year, speci-
fying the number of town and county paupers, the
whole expense of such support, the allowance
made to overseers, justices, constables, or other
officers, ‘and any other items which shall not com-
prise any part of the actual expense of maintain-
ing the paupers. This report should be made by
the supervisor in office at the time the accounts
are audited. Should he omit.to do it, then the
10 OF THE SUPERVISOR.

report should be made by his successor. Any
supervisor who neglects or refuses to make such
report or abstract, or who makes a false report in
relation thereto, forfeits the penalty of one hun-
dred dollars. 2 R. S. 857, 5th ed. (Form of report,
Appendix, No. 5.)

To file an account.| The supervisor, on or before
the fifth day of November in each year, must file
with the clerk of the board of supervisors, an
account of all money received by him in his offi-
cial capacity, in which his town, city or county is
interested; containing particularly the time, and
the name of the person from whom received; also
the amount, and on what account the same was
received, and also all sums remaining due and un-
paid. Laws of 1864, ch. 341.

Fire in woods.|] It is made the duty of the super-
visor, whenever the woods in any town shall be
on fire, to order such and so many of the inhabit-
ants of such town liable to work on the highways,
and residing in the vicinity of the place where
such fire may be, as he shall deem necessary, to
repair to the place where such fire shall prevail,
and there to assist in extinguishing the same, or ,
in stopping its progress. 2 R. S. 969, 5th ed.

Strays.| He is also to receive any residuary
moneys that may be in the hands of persons who
may have sold strays according to law; and in
case such persons withhold such moneys, he is
under obligation to prosecute for the same. 1 R.
S. 832, 5th ed.

Judgments against towns.| If judgment be rendered
for any debt against any town, or the. supervisor
Or THE SUPERVISOR. 11

thereof, and is not suspended by writ of error or
otherwise, or is not paid and satisfied before the
next annual meeting of the board of supervisors of
the county, a certified copy of the docket of such
judgment, or the record thereof, must be laid before
the board of supervisors of the county, at some an-
nual meeting thereof.

To pay judgment when in funds.] If the supervisor,
against whom any judgment shall have been ren-
dered which shall not have been suspended by
writ of error or otherwise, have sufficient moneys
in his hands belonging to the town, not specially
appropriated, it is his duty to pay the amount of
such judgment and interest, upon the production of
a certified copy of the docket, or record, to the
party in whose favor such judgment was rendered,
or his representatives. If the supervisor omits
thus to pay such judgment, he is personally re-
sponsible. 3 RK. S. 776, 5th ed.

One of the town auditors.| The supervisor, together
with the town clerk and justices of the peace, or
any two of the justices, constitute the board of
town auditors for the purpose of auditing and
allowing town accounts; and it is his duty to meet
with said board for the purpose of auditing such
accounts, at the place of holding the last town
meeting in his town, on the last Thursday preced-
ing the annual meeting of the board of supervisors.
of the county. Laws of 1840, ch. 305, p. 251; Vide
also Laws of 1844, ch. 228; 1 R. S. 835, oth ed.

As a member of such board he must assist in
making a brief abstract of the names of all persons
who have presented to said board accounts to be
12 Or rH SUPERVISOR.

audited, the amount claimed by each of said pet-
sons, and the amounts finally audited by them,
which abstract is to be delivered to the clerk of the
board of supervisors. Laws of 1847, ch. 455, § 24.

The supervisor has the right to administer oaths
to persons presenting claims before such board.

Town houses.) Wherever the electors of a town
have constructed a town house, the supervisor,
together with the town clerk and the justice resid-
ing nearest to such town house, have the control
of the same. See Laws of 1847, ch. 197, § 38.

Duties with reference'to schools.] Before the county
treasurer shall pay the supervisor any school
money,-he shall require the supervisor to deposit
with him a bond with two or more sureties in the
penalty of double the amount of said school money,
conditioned for the faithful disbursement, safe
keeping, and accounting of all money that may
come into his hands. Laws of 1866, ch. 78.

If he embezzles any of the money, or approprti-
ates it to his own use, he may be deemed guilty of
a misdemeanor.

He is to make a return‘in March in each year to
the county treasurer showing the amount of money
in his hands, which report is for the use of ‘the
school commissioner.

He is to disburse the school moneys in his hands,
as apportioned, upon the orders of the school trus-
tees of the several districts. Inthe case of union
schools, he is to pay the money appropriated thereto
to the treasurer of the district, upon the order of
its board of education.

He is to keep a just-and true account of all school
OF THE SUPERVISOR. 13

moneys received and disbursed by him, and ‘to lay
the same with proper vouchers before the town
officers at each annual meeting. And for this pur-
pose he is to purchase a blank book, and enter
therein a correct account of his receipts and dis-
bursements.

Within fifteen days after: the termination of his
office, he is to make out an account, of all school
money received and disbursed by him, and file it
with the town clerk, and notify his successor of
such filing.

Upon receiving from his successor the certificate
of the county treasurer that such suecessor has
duly qualified, he shall pay his successor all school
money in his hands, and file such certificate in the
town clerk’s office.

By his name of office he is to. sue for and recover
penalties and forfeitures imposed for violations of
the common school laws, and for any default or
omission of any town officer or school district
board or officer under the school law. Laws of .
1864, ch. 5585, title 4.

He is to receive from the county treasurer the
amount of school money apportioned to his town
upon his filing with the treasurer the certificate of
the school commissioner, and the bond above re-
ferred to. Laws of 1864, ch. 5585, title 3.

In the altering of @ school district.) Where persons
are dissatisfied with the division or alteration of a
school district and appeal from the decision of the
school commissioner, and ask to have his order
reversed, then the trustees of any district to be
affected, by such order may request the supervisor
14 Or THE SUPERVISOR.

and town clerk of the town or towns within which
such district or districts shall wholly or partly lie,
to be associated with the commissioner. At the
time and place mentioned in the notice given by
the commissioner for the meeting, the commissioner
or commissioners, with the supervisors and town
clerks, if they shall attend and act, shall hear and
decide the matter, and the decision shall be final
unless appealed from. Such decision must confirm
or vacate the order of the commissioner, and must
be filed with and recorded by the town clerk of the
town or towns in which the district or districts
affected shall lie. Laws of 1864, ch. 555, as amended.

On the division of a district.| When a district is
parted into portions which are annexed to other
districts, its property shall be sold by the super-
visor of the town within which its school house is
situate at public auction, after at least five days’
notice, by notices posted in three or more public
places of the town in which the school house is,
one of which shall be posted in the district so dis-
solved. The supervisor, after deducting the ex-
penses of the sale, shall apply its proceeds to the
payment of the debts of the district, and apportion
the residue, if any, among the taxable inhabitants
of the district, in the ratio of their several assess-
ments on the last corrected assessment roll or
rolls of the town or towns, and pay it over accord-
ingly. Id.

The supervisor of the town within which the
school house of the dissolved district was situate
may demand, sue for, and collect, in his name of
office, any money of the district outstanding in the
Or THE SUPERVISOR. 15

hands of any of its former officers, or any other
person ; and, after deducting his costs and expenses,
shall report the balance to the school commissioner,
who shall apportion the same equitably among the
districts to which the parts of the dissolved dis-
trict were annexed, to be by them applied as their
district meetings shall determine. Id.

School house sites.| So long as a district shall re-
main unaltered, the site of a school house owned
by it cannot be changed even by a majority of its
legal voters; nor the school house be removed un-
less by the consent, in writing, of the supervisor
of the town or towns within which such district
shall be situated, stating that, in his or their opin-
ion, such removal is necessary. Id.

Report to superintendent.] When required by the
Superintendent of Public Instruction, the supervi-
sor is to report to him any facts he may desire. Id.

Condemn unfit school houses.| The supervisor, in
concurrence with the school commissioner, may,
by an order under their hands, reciting the reason
or reasons, condemn a school house, if they deem
such school house wholly unfit for use and not
worth repairing. They shall deliver such order to

*the trustees or one of them, and transmit a copy
to the Superintendent of Public Instruction. Such
order, if no time for its taking effect be stated in
it, shall take effect immediately. They shall also
state what sum not exceeding eight hundred dol-
lars will, in their opinion, be necessary to erect @
school house capable of accommodating the chil-
dren of the district. Id.

To appoint trustee.| In case the office of a trustee
16 Or THE SUPERVISOR.

becomes vacant, and the vacancy be not supplied
by a district or neighborhood meeting within one
month thereafter, the supervisor of the town within
which the school house or principal school house
of the district is, or within which the neighbor-
hood or any part tnereof is, may, by a writing under
his hand, appoint, a competent person to fill it.
Such appointment to be filed with the district
clerk. Id.

May accept resignation of a school officer.| The super-
visor may accept the resignation of any officer of
a, school district.

May consent to removal of warrant for school taz.]
Where a warrant for the collection of a tax list
has been once renewed by the trustees, they may
make a further renewal with the written approba-
tion of the supervisor of the town. Id.

To sue trustees.| Every trustee who shall refuse
or neglect to render to the district at its annual
district meeting, once in each year, a just, full, and
true account of all moneys received by him, and
the manner in which it has been expended ; or an
outgoing trustee who refuses forthwith to pay to
his successor, or any other trustee of the district
in office, any such unexpended balance or part of
such balance remaining in his hands, shall forfeit
twenty-five dollars. These penalties are for the
benefit of the schools of the district, and shall be
sued for by the supervisor of the town in which
the school house, or school house longest owned by:
the district is. Id.

To appoint sealer of weights and measures.| The duty
of appointing a town sealer of weights and meas-
Or THE SUPERVISOR. 17

ures is now devolved on the supervisor and justices.
Laws of 1851, ch. 184, p. 251.

Rejected taxes.| “Whenever the Comptroller shall
have rejected any tax in the first instance, or have
charged the same to a county to which it should
have been credited, on account of any inaccurate
or imperfect description of the lands on which such
tax was laid, the supervisor of the town in which
such lands are situated, shall, if in his power, add
to the next assessment roll of such town an accu-
rate description of such lands, and, if necessary,
may cause the survey of such lands at the expense
‘of the town; and the board of supervisors shall
charge them with the taxes and interest in arrear,
stating the tax of each year separately, and shall
direct the collection thereof; and such taxes and
interest shall for all the purposes of this act be
considered as the taxes of the year in which the
descriptions shall be perfected.” Sec. 19, ch. 298,
Laws 1855. If the supervisor omits to add an
accurate description of such lands to the assess-
ment roll of his town, the board of supervisors
must cause such arrears of taxes and interest to
be levied on the valuations of the estates, real and
personal, of such town, as appearing by such assess-
ment roll, and direct the same to be collected with
the other taxes of the same year. Laws of 1855,
ch. 427, p. 785.

Jury lists.] The supervisor, together with the
town clerk and assessors, must meet on the first
Monday of July in each third year, in such place
in their respective towns as the supervisor, or, in

2
18 Or THe SUPERVISOR.

his absence, the. town clerk, may. appoint, for the
purpose of making a list. of persons to serve as
jurors. When assembled, they proceed to select
from the names of those assessed on the last assess-
ment rolls of the town, suitable persons to serve
as jurors. They must select male inhabitants of
the town, who are not exempt from jury, service,
between the ages of twenty-one and sixty years,
who are assessed of personal property in their own
right to the amount of two hundred and fifty dol-
lars, or a freehold estate in the county, in their
own right, or the right of their wives, to the value
of one hundred and fifty dollars, who are also in
the possession of their natural faculties, and not
infirm and decrepit, and who are free from, all legal.
exceptions, of fair character, of approved integrity,
of sound judgment, and well informed. 3 R. §.,
695, 5th ed. (Form, of list, Appendix, No. 7)

File duplicates.) Duplicates of these lists. must be,
filed within ten days; one in the, office of the
county clerk, and the other with the town clerk.
Exceptions are made in respect to some of the,
above qualifications in the counties of Niagara,
Erie, Chautauqua, Cattaraugus, Allegany, Genesee,
Orleans, Monroe, Livingston, Jefferson, Lewis, St.
Lawrence, New York, Steuben, and Franklin. 3 R.
S. 695, 5th ed.

Grand juries.| The supervisor must each year
select a number of names of persons to serve as
grand jurors, from his town. He must select, at,
least a number sufficient when added to those
selected by the supervisors of the several other
towns, to make three hundred in all; that being
~

OF THE SUPERVISOR. 19

the number. required to be embraced in the list to
be prepared by the board of supervisors.

In making this selection, the supervisor is re-
quired to observe the same rules in regard to the
property qualifications, and character and stand-
ing, that appertain to the selection of petit jurors.
Above all other considerations, they must be per-
sons of approved integrity, fair character, sound
judgment and well informed. 3 R. 8. 1051, 5th ed.
(Form, of list, Appendix, No. 8.) Care should be ob-
served in making this list, to give the full name.

Divide towns into election districts.| The supervisor,
assessor and town clerk of each town shall meet at
the town, clerk’s office in each town, on the first.
Monday of October in each year, to form a board.
They shall determine whether any alteration in
the existing election districts. be necessary or ex-.
pedient, and have power to make the same. They
shall, in all cases where any town shall contain
more than, five hundred electors, divide the same
into a convenient number of election districts, so
that each district shall be in a,compact form within
their town, and shall contain not more than five
hundred electors, as far as the number can be as-
certained. But where any town shall contain less
than five hundred electors, the board may, in their
discretion, divide the same into districts. If any
alteration is made by them, they shall make a cer-
tificate of such alteration, exhibiting the districts
as altered, and their numbers respectively ; which
certificate is to be filed in the town clerk’s office.
Such alteration shall not take effect until after the
next general election, except in the case of the
20 Or THE SUPERVISOR.

alteration, erection or division of a town, in which
case it shall take effect immediately.

In case of new towns.] When any town shall be
formed, the supervisor, town clerk and assessor
therein shall meet at the town clerk’s office, on or
before the first Tuesday in September preceding
the first general election to be held in such town,
at ten o’clock in the forenoon, and form themselves
into a board. And in case a majority of said offi-
cers, for any cause, do not attend on that day, it
shall be the duty of those who do attend, to adjourn
to some future day, not exceeding five days, and
shall immediately thereupon give notice to those
officers who do not attend, of such adjournment,
and to proceed in the same manner as though a
majority had attended on the day appointed by
law; and adjournments from time to time may be
had by said officers, as occasion may require; but
no such adjournment shall extend beyond the first
day of October in said year. Such board, when
duly organized, shall proceed to divide their town
into election districts, as above directed.

To give notice of time and place of election.] The
said town officers, on the first Monday of October
in each year, shall designate the place in each elec-
tion district at which elections shall be held dur-
ing. the year; and they shall give notice, written
or printed, to be posted in at least eight public
places in each district, containing a description of
such place so designated, and of the time of open-
ing and closing the poll. 1 R. 8. 423, 5th ed.

When to appoint inspectors.| In case of a vacancy
in the office of the inspectors, they are to be ap-
Or THE SUPERVISOR. 91

pointed by the supervisor, town clerk and ‘justices
of the peace, at a meeting appointed by the super-
visor. Id. 425.

Under the law passed in 1857, entitled “ An act
to suppress intemperance and to regulate the sale
of intoxicating liquors,” it is the duty of the super-
visor, upon a breach of the condition of the bond
given by the person obtaining a license, to prose-
cute the same and recover the penalty thereof.
Laws of 1857, ch. 628, §24, p. 414; 2 R. 8. 945,
5th ed.

It is recommended that the supervisor, before
he leaves home, to attend the annual meeting
of the board of supervisors, should carefully copy
his roll, and compare the same with the ori-
ginal. He should also ascertain the number of
acres of resident and non-resident land, and the
valuation, to the end that he may be able to detect
any error, that may be committed by the board, in
footing the same and fixing the aggregate valua-
tion, and thereby save his town or ward from un-
just taxation.

Not to be interested in any contract.| It shall not be
lawful for the supervisor of any town to become a
contractor under any contract authorized by the
board of supervisors of which he is a member, or
to be in any manner interested, directly or indi-
rectly, either as principal or surety, in such con-
tract. Nor shall he be a purchaser, or interested
in any purchase, at any sale made by him, ora
seller at any purchase made by him in his official
capacity. Contracts in violation of these provi-
sions may be declared void. 1 R. S. 839, 5th ed.
29 ‘Or Tir SUPERVISOR.

As water commissioner.| By chapter 888 of Laws
of 1869, the supervisor and the commissioner of
highways of the several towns, and the president
of any incorporated village as to lands within such
village, shall be water commissioners of their re-
spective towns, and have the general charge and
supervision of all the dams, drains, ditches, and
channels completed or constructed in said towns
under said act. And, whenever it shall be neces-
sary, the said water commissioners, or a majority
of them, shall take proceedings similar to those
authorized by the act, to open, deepen, repair,
change, or do any work to maintain or keep in
repair any such dams, ditches, drains, or channels,
or in regard to disputes that may arise between the
owners of the lands on which such works are con-
structed. Under the authority of the county court,
they are to maintain and keep in repair improve-
ments of a nature and character similar to those
authorized by the act, where such have been con-
structed under some special act. They have like
power and authority, when, in their judgment, it
is absolutely necessary for public or sanitary pur-
poses, in all cases of sub-soil or tile draining, and
the owners and occupants of such lands are desir-
ous of so draining, and cannot agree upon the
terms or conditions upon which they shall cross
the lands of different owners. And they are to
make all needful rules in relation thereto.

Deliver books to his successor.| Whenever the term
of office of any supervisor shall expire, and another
person shall be elected or appointed to such office,
it shall be the duty of such succeeding supervisor,
< . st
Or THE SUPERVISOR. 93

immediately after he shall have entered on the
duties of his office, to demand of his predecessor
all the records, books, and papers under his control
belonging to such office.

It shall be the duty of the person so going out of
office to deliver upon oath, all the records, books,
and papers in his possession or under his control,
belonging to the office held by him, and to pay
over to his successor the balance of moneys remain-
ing in his hands as ascertained by the auditors of
town accounts.

Upon the death of a supervisor, it shall be the
duty of his executors or administrators to deliver,
upon the like oath, all records, books, and papers
in their possession or under their control, belonging
to the office held by their testator or intestate. In

case the supervisor, upon demand, shall refuse to

deliver up the books and papers to his successor,
then such successor is to make application to a jus-
tice of the supreme court, or to a county judge,
to compel such delivery. 1 R. S. 839, 5th ed.
94 Or THE BoaRD oF SUPERVISORS.

CHAPTER II.

OF THE BOARD OF SUPERVISORS.

Szcrion 1. Their powers, duties and liabilities.
‘2. Duties of their clerk.
8. Mode of procedure as a board.

Section 1. THEIR POWERS, DUTIES AND LIABILITIES.

Annual meeting.| The supervisors of the several
cities and towns are required to meet annually, in
their respective counties, for the transaction of
business as a board of supervisors.

They may also hold special meetings, at such
times and places as they may find convenient, and
may adjourn from time to time, as they may deem
necessary. 1 R. S. 848, 5th ed.

The time of meeting was formerly prescribed
by the Legislature. The time now usually fixed,
is immediately after, or at the meeting of the
board of county canvassers. The board of county
canvassers (hereinafter defined) are required to
meet in every county of the State, except Hamil-
ton, on the Tuesday next following the general
November election.

Make orders as to corporate property.| The board of
supervisors of each county in this State, have
power at their annual meeting, or at any other
meeting :

1. To make such orders concerning the corpo

rate property of the county as they may deem
expedient.
Or THE BoARD oF SUPERVISORS. 25

To audit accounts and levy taxes.| 2. To examine,
settle, and allow all accounts chargeable against
such county; and to direct the raising of such
sums as may be necessary to defray the same.

3. To audit the accounts of town officers and
other persons, against their respective towns; and
to direct the raising of such sums as may be neces-
sary to defray the same. And,

4. To perform all other duties which may be
enjoined on them by any law of this State. Id.

Majority constitute a quorum.] A majority of the
supervisors of any county constitute a quorum for
the transaction of business; and all questions
which may arise at their meetings, must be deter-
mined by the votes of the majority of the super-
visors present. .1 R.S. 855, 5th ed.

The boards of supervisors must sit with open
doors, and all persons may attend their meetings.
Id.

Chairman.| They must, at each annual meeting,
choose one of their number as chairman, who must
preside at such meeting, and in all other meetings
held during the year. In case of his absence at
any meeting, the members present must choose one
of their number to act as atemporary chairman. Id.

Every chairman has power to administer an oath
to any person, concerning any matter submitted to
the board, or connected with their powers and
duties. Id. .

Clerk.] Each board of supervisors, as often as
may be necessary, must appoint some proper per-
son to be their clerk, who holds his office during
their pleasure. 1 R. 8. 858, 5th ed.
26 Or rHr BoARD or SUPERVISORS.

Court house and jail.] It shall be the duty of the
several boards of supervisors, as often as shall be.
necessary, to cause the court house and jail of their
respective counties to be duly repaired at the ex-
pense of such counties. Id. 859.

Compensation. ] Each member of the board of super-
visors is allowed as compensation, for his services
and expenses in attending the meetings of the
board, at the rate of three dollars per day, and eight
cents per mile for all necessary travel in the dis-
charge of his official duties. For making out copy
assessinent roll and tax bill he is to receive three
cents each name for the first hundred names, two
cents per name for the second hundred names, and
one cent per name for each name over two hundred,
Except when attending the board of supervisors,
he is to receive one dollar and fifty cents a day for
each day actually and necessarily devoted by them
to the service of the town in the duties of their |
office. 1 R.S. pp. 836, 852, 860; Laws of 1869, ch.
855. In some of the counties an annual salary is
allowed in lieu of a per diem allowance.

Penalty for neglect of duty.) If any supervisor
refuses or néglects ‘to perform any of the. duties
which are or shall be required of him by law, asa
member of the board of supervisors, he, for every
such offense, forfeits ‘the sum of two narod and
fifty dollars. Id. 860. ‘

In the city of New York.] Twelve supervisors are
to be ‘voted for at each charter election; they are
to be voted for on a géneral ticket, but only ‘six
names for 8 supervisors shall be upon one ticket; the
six persons receiving the highest number of ote
Or THE BOARD OF SUPERVISORS, OT

are to be declared elected, and the mayor is to ap-
point the six persons having the next highest num-
berof votes supervisors. 1. R.S.861, 5thed. The
salary is fixed at two thousand dollars. Laws of
1863, ch. 199. .

Pay of jurors.| It is made the duty of the boards
of supervisors of the respective counties to provide
for the payment of the per diem allowance, and
the travel fees of grand and petit jurors who may
be required to attend the courts of record within
their counties. The supervisors may allow a sum
not exceeding two dollars per day, and travel fees.
in ‘going and returning not exceeding five cents per
inile. Laws of 1866, ch. 307.

Bound to allow salaries to officers.| In providing for
the ‘payment of the salaries of officers when the
salary is fixed by law, a member of the board has
no discretion to vote against allowing the payment
of the salary as it becomes due; and if he does #0,
he subjects himself to the payment of the penalty
denounced by the Revised Statutes ($250), against
any supervisor who shall neglect or refuse to per-
form any of the duties which are required of him
by law as‘a member of the board, whatever may
have been the motive which influenced his vote.
Morris v. The People, 3 Denio, 381. And so with
vegard to the amount certified to them by the
town ‘auditors, their certificate is conclusive, and
the supervisors are bound to levy the sums audited
by them. People v. Supervisors of Queens county, 1
Hill, 195.

Actions.| Actions may be brought by the board
of supervisors of a county, and by the supervisors
28 Or tHE BoarpD or SUPERVISORS.

of towns, to enforce any liability, or any duty en-
joined by law to them or the body they represent ;
and to recover any penalty or forfeiture given to
them or the body they represent; and to recover
damages for any injuries done to the property or
rights of the bodies they represent, such actions
may be brought by them, notwithstanding the con-
tract or obligation on which the same is founded
may have been made with their predecessors in
office, and notwithstanding the right of action
may have accrued previous to the time when they
entered upon the duties of their office. 7 Wend.
181; 1 Cowen, 670; 2 Wend. 109; 3 R. S. 774, 5th
ed. But in actions against them, they are not
liable to arrest unless for some personal miscon-
duct in office, or some personal liability assumed
or incurred. Id. .

No suit commenced by or against the board of
supervisors of the county, or the supervisor of a
town, is abated by the death, removal, resignation,
vr expiration of the term of office for which such
officer was elected. Jd. 775.

To examine assessment rolls.] The board of super-
visors of each county in this State, at their annual
meeting, must examine the assessment rolls of the
several towns in their county, for the purpose of
ascertaining whether the valuations in one town
or ward bear a just relation to the valuations in all
the towns and wards in the county; and they may
increase or diminish the aggregate valuations of
real estates, in any town or ward, by adding or
deducting such sum upon the hundred as may, in
their opinion, be necessary to produce a just rela-
Or THE BosrRD or SUPERVISORS. 29

tion between all the valuations of real estates in
the county; but they can, in no instance, reduce
the aggregate valuations of all the towns and wards
below the aggregate valuation thereof as made by
the assessors. 1 R. 8. 914, 5th ed.

Lands of non-residents.| The board of supervisors
must also make such alterations in the descriptions
of the lands of non-residents, as may be necessary
to render such descriptions conformable to the pro-
visions of this chapter; and if such alterations
cannot be made, they must expunge the descrip-
tions of such lands, and the assessments thereon,
from the assessment rolls. Id.

Tax, how set down.| They must also estimate and
set down in the fifth column, to be prepared for
that purpose in the assessment rolls, opposite to
the several sums set down as the valuations of real
and personal estates, the respective sums in dollars
and cents, rejecting the fractions of a cent, to be
paid asa tax thereon. Id.

They must also add up and set down the aggre-
gate valuations of the real and personal estates in
the several towns and wards as corrected by them ;
and cause their clerk to transmit to the Comptroller
by mail a certificate of such aggregate valuations,
showing separately the aggregate amount of real
and personal estate in each town or ward as cor-
rected by the board. Id.

Error in assessment.| If it shall appear on petition
of the assessor that any real estate has been as-
sessed the year previous for an amount less than
what such land was assessed by the assessor, the
board of supervisors may re-assess such land, upon
30 Or tHE BoAaRD oF SUPERVISORS.

a valuation equal to the difference between the
actual valuation and the valuation at which it was
assessed by mistake; and at such rate per cent as
was imposed upon the. real estate in the town in
the year in which said mistake occurred. Laws
1868, ch. 575.

Corrected assessment.] They must cause the cor-
rected assessment roll of each town or ward, or a
copy thereof, to be delivered to each of the super-
visors of the several towns or wards, who must
deliver the same to the clerk of their city or town,
to be kept by him for the, use of such city or town.
1 R. S. 914, 5th ed.

The boards of supervisors of the several counties
of this State must cause the corrected assessment
roll of each town or ward in their respective coun-
ties, or a fair copy thereof, to be delivered to the
collector of such town or ward, on or before, the
fifteenth day of December, in each year. Id,

Warrant to be annexed.] To each assessment roll,
so delivered toa collector, a warrant, under the
hands and seals of the board of supervisors, or of
a majority of them, must be annexed.

When the warrant is directed to. the collector of
a town, it shall direct the collector, out of the
moneys so to be collected, to pay—

1. To the county treasurer such sum as shall have
been raised for common schools.

2. To the commissioners of highways of the town
such sum as shall have been raised for the support
of highways and bridges therein.

3. To the overseers of the poor of the town, if
there be no county poor-house or other place pro-
Or THE BoARD or SUPERVISORS. 31

vided in the county for the reception of the poor,
such sum as shall have been raised for the support.
of the poor of such town.

4, To the supervisor of the town all other mon-
eys which shall have been raised therein to defray
any other town expenses; and ie

5. To the treasurer of the county the residue of
the money s0, to be collected. 1 R, S. 916, 5th ed.,
as amended.

In all cases, the warrant must authorize the col-
lector, in case any person named in the assessment
roll shall refuse or neglect to pay his tax, to levy
the same by distress and sale of the goods and
chattels of such person; and it must require all
payments therein specified, to be made by such
collector, on or before the first day of February
then next ensuing. Id, 915.

To send, account to county treasurer.] As soon as the
board of supervisors have sent or delivered the
rolls, with such warrants annexed, to the collect-
ors, they must, transmit to the treasurer of the
county an account thereof, stating the names of
‘the several collectors, the amount.of money they
are respectively to collect, the purposes for which
the same are to be collected, and the persons to
whom, and the time when, the same are to be
paid; and the county treasurers, on receiving such
‘account, must charge to each collector, the sums
to, be collected by him. a.
lector refuses to execute his oad or . the supervi-
sor neglects to file it within the time required by
law, and if no new collector shall have been ap-
32 Or THE BoARD OF SUPERVISORS.

pointed or qualified, the board of supervisors are
empowered to deliver the assessment roll, with
the warrant annexed, to the sheriff of the county,
who shall proceed to collect the taxes. Laws of
1857, ch. 585.

Cities.| Whenever the laws respecting cities di-
rect the moneys assessed for any local purpose, to
be paid to any person or officer, other than those
named in the preceding section, the collector's
warrant may be varied accordingly, so as to con-
form to such alteration. Id.

Whenever any board of supervisors make out
any tax list and warrant, they are required not to
add thereto the fees of the collection, but such fees
are to be collected as prescribed by sections 29 and
30 of the Laws of 1845, chapter 180, as follows:

For all sums paid within the thirty days after
the collector gives notice of the time and place
where he will receive voluntary payments of taxes,
the collector is entitled to receive one per cent,
and for those not paid within such thirty days, five
per cent.

But in all cases where the aggregate amount to
be collected by warrant, when put into his hands,
does not exceed two thousand dollars, the collector
is entitled to receive two per cent fees on all vol-
untary payments made to him. Id.

To call meetings of the assessors and collectors.| In
those cases where the Comptroller notifies the board
of supervisors of the imperfections in the returns,
respecting non-resident lands, it becomes the duty
of the board to designate a time and place where
the assessors and collector of the town from which
Or THE BOARD oF SUPERVISORS. 833

such imperfect returns have been made, must meet
to correct such returns. The board must give the
assessors and collector notice of the time and place
designated. 1 R. S. 949, 5th ed.

Rejected taxr.| Whenever the Comptroller shall
have rejected any tax in the first instance, or have
charged the same to a county to which it shall
have been before credited, on account of any inac-
curate or imperfect description of the lands on
which such tax was laid, the supervisor of the
town in which such lands are situated, shall, if in
his power, add to the next assessment roll of such
town, an accurate description of such lands; and
the board of supervisors must charge them with
the taxes and interest in arrear, stating the tax
of each year separately, and direct the collection
thereof. And such taxes and interest must be
considered as the taxes of the year in which the
descriptions shall be perfected. Id. 927.

If an accurate description of such lands shall not
have been added by such supervisor, to the assess-
ment roll of his, town, the board of supervisors
must cause such arrears of taxes, and the interest
thereon, to be levied on the valuation of the
estates, real.and personal, of such town, as appear-
ing by such assessment roll, and must direct the
same to be collected with the other taxes of the
same year. Id.

If the town in which such taxes were originally
assessed, has been divided since such assessment,
then such taxes and interest must be apportioned
by the board of supervisors among the towns, in-
cluded within the limits of such original towns, in

3
84 Or THE BOARD OF SUPERVISORS.

such equitable manner as they may deem proper
Id.

It is provided, that whenever it shall be made t
appear to the Comptroller, that any tax returne
as unpaid, was, previously to such return, paid t
the collector or county treasurer, the Comptrolle
may cancel such tax on the books of his office
and if the same shall have been also paid into th
treasury, he may cause it to be repaid out of th
treasury, to the person by whom such paymen
was made.

Whenever any tax is so canceled by the Comp
troller, he must transmit an account thereof to th
supervisors of the proper county, who are require:
to cause the amount of such tax, with the interes
thereon, to be collected of the collector or count:
treasurer who made such erroneous returns, ani
to be paid into the treasury of the State. Seel A
S. 928, 5th ed.

To report defaulting assessors and clerks.| The board
of supervisors of the several counties, at ever
annual meeting, must transmit to the Comptrolle
the names and places of abode of the town clerk
and assessors, in their respective counties, wh
have willfully refused or neglected to perform th
duties required of them under the law respectin
taxes; and the Comptroller thereupon gives notic
to the district attorneys of the proper counties, t
the end that they may prosecute such delinquen
town clerks and assessors for the penalties incurre
by them. 1 R. S. 948, 5th ed.

To receive lists relating to highway labor.] It is th
duty of the supervisors of the several towns t
Or THE BoaRD oF SUPERVISORS. 35

receive the lists of the overseers of highways,
when delivered pursuant to the statute relating to
non-resident highway labor unpaid, and to lay the
same before the board of supervisors of the county.
And they shall cause the arrearages for highway
labor to be levied and collected in the same man-
ner as contingent charges of the county are levied
and collected. Laws of 1868, ch. 791.

Equalization of assessments.] In regard to the equal-
ization of assessments, the Supreme Court decided
in the case of Van Rensselaer v. Whitbeck, 7 Barb.
133; that it was the duty of the board of super-:
visors to examine the assessment rolls returned to
them, for the single purpose of ascertaining whether
the valuations of real estate in one town or ward
bear a just relation to those in the other towns and
wards in the county ; and if they do not, the board
is authorized to change such valuation so as to
produce such relation. Such board has also autho-
rity to make any alterations in the description of
the lands of non-residents, so as to make such
descriptions conformable to law. To these objects
the power of review vested in the board is limited.
The assessment rolls being returned to them, con-
taining the names of the persons to be taxed, and
the taxable property, and the assessors’ valuation
of such property, it is the duty of the supervisors,
after having examined and corrected the valua-
tions and the descriptions of the lands of non-resi-
dents, to proceed to annex the tax list. No mere
irregularity in the proceedings of the assessors
would justify the supervisors in omitting the dis-
charge of this duty.
86 Or THE Boarp or SUPERVISORS.

Execution not to issue against board.| When a judg-
ment is recovered against the board of supervisors,
no execution can be awarded or issued thereupon,
unless the same shall be rendered for the costs of
a suit commenced by them in their individual
names. 2 R. S. 776, 5th ed.

County charges as defined by statute.] The following
are deemed county charges :

1. The compensation of the members of the board
of supervisors, of their clerk, and of the county treas-
urer.

2. The fees of the district attorney, and all ex-
penses necessarily incurred by him in criminal
cases arising within the county.

8. The accounts of the criers of the several courts
within the county for their attendance in criminal
cases.

4, The compensation of sheriffs for the commit-
ment and discharge of prisoners on criminal pro-
cess within their respective counties.

5. The compensation allowed by law to consta-
bles for attending courts of record, and reagonable
compensation to constables and other officers for
executing process on persons charged with criminal
offenses; for services and expenses in conveying
eriminals to jail; for the service of subpoenas issued
by any district attorney; and for other services in
relation to criminal proceedings for which no spe-
cific compensation is prescribed by law.

6. The expenses necessarily incurred in the sup-
port of persons charged with or convicted of crimes,
and committed therefor to the several jails of the
county.
Or THE BoARD o¥r SUPERVISORS. 37

7. The sums required by law to be paid to pros-
eeutors and witnesses in criminal cases.

8. The accounts of the coroners of the county |
for such services as are not chargeable to the per-
sons employing them.

9. The moneys necessarily expended by any
county officer in executing the duties of his office
in cases in which no specific compensation for such
services is provided by law.

10. The accounts of the county clerks for ser-
vices and expenses incurred under the sixth chap-
ter of this act.

11. All charges and accounts for services ren-
dered by any justice of the peace, under the laws
for the relief and settlement of the poor of such
county, and for their services in the examination
of felons not otherwise provided for by law.

12. The sums necessarily expended in each
eounty in the support of county poor houses and
of indigent persons whose support is chargeable to
the county.

13a The sums required to pay the bounties
allowed by law for the destruction of wolves
and other noxious animals and chargeable to the
county. :

14. The sums necessarily expended in repairing
the court houses and jails of the respective counties.

15. The contingent expenses necessarily incur-
red for the use and benefit of a county; and

16. Every other sum directed by law to be raised
for any county purpose under the direction of a
board of supervisors.

17. Accounts of sheriffs for paying the fees of
388 Or rHE BOARD OF SUPERVISORS.

clerks of counties for drawing grand juries, for
attending the drawing of grand juries, and for
summoning constables to attend courts, shall here-
after be presented to and audited by the boards of
supervisors of the counties respectively in which
such service shall be rendered, and such accounts
shall not hereafter be chargeable to this State. 1
R. S. 385, 5th ed. 902.

The expense of printing the calendars of the
several courts of record in the State, excepting the
city and county of New York, shall be a county
charge, and shall be audited and allowed by the
board of supervisors. Laws of 1862, ch. 86.

County judges.] The salary of the county judge
shall be paid by the county, and at the close of
each quarter. 1 R. S. 908, 5th ed.

Surrogates.] Any separate officer elected to per-
form the duties of the office of surrogate shall
receive an annual salary, which shall be fixed by
the board of supervisors, and paid at the close of
each quarter by the county in which he shall be
elected, and such salary shall not be increased or
diminished during his continuance in office. Id.

Surrogates’ ofice.| The board of supervisors of each
county shall provide the surrogates’ court with
rooms, fuel, lights, and stationery suitable and
sufficient for the transaction of its business; if the
board neglect to do so, the court may direct the
sheriff to do so, and the expenses incurred will be
a county charge. Laws of 1867, ch. 782.

Surrogates’ court.| The board of supervisors of
each county shall provide the surrogates’ court of
such county with rooms, fuel, lights, and stationery,
Or THE BOARD oF SUPERVISORS. 839

suitable and sufficient for the transaction of its
business.

Officer discharging the duties of judge and surrogate.]
All local officers elected in any county of this
State to discharge the duties of county judge and
surrogate, and exercise such other powers in spe-
cial cases as may be provided by law, shall, for
their services respectively, be paid by the county
in which they shall be elected, such reasonable
compensation as the board of supervisors of such’
county may deem proper to allow. 1. R. 8. 903,
5th ed.

Bozes for accounts.| The board of supervisors may
provide boxes with suitable inscriptions to be kept
in the office of the county clerk, in which shall be
placed all accounts against the county duly veri-
fied. Laws of 1862, ch. 245.

When board may be sued.| It has been seen in the
foregoing pages that the board of supervisors have
a right to sue and are liable to be sued, it there-
fore becomes an interesting matter of inquiry to
know for what they may be sued. Before we in-
vestigate that question, it may be well to allude
to some general principles applicable to such bodies
which have been settled by judicial decisions.
They are a judicial body, constituted by law to
decide in all matters of account between individ-
uals and the public body composing the county
which they represent. Brady v. The Supervisors of
New York, 2 Sand. Rep. 472; Wilson v. Supervisors
of Albany, 12 J. R. 414; The People v. Lawrence, 6
Hill, 244; Ex parte Lynch, 2 Hill, 45. Like other
judicial bodies, they may be put in motion by man-
40 Or THE BoAaRD or SUPERVISORS.

damus; but in the exercise of their discretion, if
they allow a part of a claim and reject a part, a
mandamus even will not lie to compel the allowance
of the rejected part. The People v. Supervisors of
Albany, 12 J. R. 414. Sitting in the capacity of a
board of arbitrators or judges, it is obvious that it
would be inconsistent to sue them to recover a
claim, the merits of which they alone have the
right to pass upon. This discretionary or judicial
power has relieved them from the burthen of a
great variety of suits, which otherwise would no
doubt be brought against them. It has been sup-
posed by some that the Revised Statutes gave
scope enough to enable individuals to bring suits
against the county for any claim, cause of action
or controversy whatever, although the same may
be an account which could be allowed as a county
charge. But in the case above cited from 2 San-
ford, Chief Justice Oakley remarks: That the stat-
ute in question was intended to provide a remedy
against the county for such causes of action (and
no other), as could not be presented to, and exam-
ined and allowed by the board of supervisors as
county charges. Of this class would be claims for
malfeasance of county officers, and claims arising
from costs for which the county may be liable.
Suits may be brought against them to adjust such
a controversy, or claim, or cause of action as can-
not be settled and adjusted on the application of
the party in the exercise of the ordinary powers
of the board, and which is not a county charge
until it passes into judgment.

County charges defined.] As to what is a county
Or THE BOARD oF SUPERVISORS. 41

charge, the same judge remarks, that wherever ser-
vices have been rendered which are beneficial to a
county, and no specific compensation is provided
for the same by law, they shall be deemed contin-
gent charges against the county. Bright v. Super-
visors of Chenango, 18 J. R. 242; Mallory v. Super-
visors of Cortland, 2 Cow. 583; The People v. Supervi-
sors of Albany, 12 Wend. 257.

The doctrine which seems to be established in
the case of Brady v. The Supervisors of New York, 2
Sandford S. C. Rep. 460, is this: That no action
can be sustained against a board of supervisors for
refusing to audit an account in any case.

Mandamus.] The only mode ‘provided for putting
in motion such a tribunal, is by writ of mandamus,
and that will not be granted to compel or dictate
what judgment or decision shall be given.

The following authorities decide when a man-
damus will, and when it will not be granted:

The People v. Supervisors of Albany, 12 Wend. 257;
The People v. Supervisors of Columbia, 10 id. 363; The
People v. The Mayor, &c. of New York, 10 id. 393; The
People v. Supervisors of Dutchess, 9 Wend. 508; The
People v. Supervisors of Westchester, 12 Barb. 446; The
People v. Edmonds, 15 Barb. 529; Bright v. Cnenes
af Chenango, 18 J. R. 242; Hull v. Supervisors of Oneida,
19 J. R. 259; The People v. Supervisors of Cayuga, 2
Cow. 530; The People v. Supervisors of New York, 1
'* Hill, 862; The People v. Supervisors of Ulster, 3 Barb.
332; The People v. Supervisors of St. Lawrence, 5 Cow.
292: The People v. Supervisors of Livingston, 12 How.
Pr. 204; S.C. 26 Barb. 118; The People v. Supervisors
of Chenango, 8 N. Y. 317; The People v. Supervisors of
Schenectady, 35 Barb. 408; The People v. Supervisors of
42 Or rue BoARD OF SUPERVISORS.

Richmond, 20 N. Y. 252; The People v. Supervisors of
New York, 21 How. Pr. 322; affirmed, 22 id. 71; The
People v. Supervisors of Cortland, 24 How. Pr. 119; The
People v. Supervisors of Richmond, 28 N. Y. 112; The
People v. Supervisors of New York, 32 N. Y. 473.

A mandamus will not be granted to compel the
reversal of a decision already made. Whenever
an inferior tribunal is clothed with discretion,
superior cannot dictate how that discretion shall
be exercised. Elkins v. Atheran, 2 Denio, 191; The
People v. The Judges of Dutchess, 20 Wend. 658; See
also 12 J. R. 414; 19 J. R. 259; 1 Hill, 362, above
cited.

But if inferior tribunals that have the power to
act, refuse to entertain a question addressed to
their discretion, in cases where the law enjoins
them to do the act required, the court will grant a
mandamus to compel obedience to the law, where
no other remedy exists. 19 J. R. 259; 1 Hill, 50,
above cited. .

After the supervisors of a county have passed
upon the account of a constable for the expense of
removing paupers, and have allowed a part and
disallowed a part, a peremptory mandamus direct-
ing them to audit and allow the account will not
be granted on the ground of the improper rejection
of a part of the account. 12 J. R. 414.

A mandamus will be granted to compel the
board of supervisors of the county to allow the
account of the clerk of the county, for advances
made by him in purchasing books for records, etc.,
sending notices to judges, etc.; such services being
required by law of the clerks of counties, and no
Or THE BosrpD or SUPERVISORS. 43

specific compensation provided for them, are prop-

erly chargeable to the county, and should therefore
be allowed and paid. 18 J. R. 242; See also ex parte
Lynch, 2 Hill, 45.

And where a statute directs the supervisors of a
county to levy and collect a certain amount of
money as a county charge, a mandamus will be
granted to compel them to do it. The People v.
Supervisors of Columbia, 10 Wend. 363.

Charges of counsel defending poor persons charged with
crime.| It has been decided by the courts in Iowa,
Hail v. Washington County, 2 Greene’s Rep. 473, that
a claim for services rendered by an attorney or
counsellor in defending a person charged with
crime, in obedience to the order of a court assign-
ing counsel for such persons, is properly a county
charge, and should be allowed by the board of
supervisors.

In that case, chief justice Williams remarks,
“ that if attorneys as officers of the court have obli-
gations under which they must act professionally,
they have also rights to which they are entitled,
and which they justly claim in common with other
men in the business of life. Among these rights,
that of reasonable compensation for services ren-
dered in their profession is justly to be considered.”

Actions against counties in cases where they are
allowed, must be brought against the board of su-
pervisors of the county. 1 R. 8S. 901, 5th ed.

Provide court rooms.| The board of supervisors
must provide the general term of the supreme
court, the circuit courts, the courts of oyer and
terminer, special terms, county courts, and the
44 Or tHE BoARD oF SUPERVISORS.

superior court of the city of New York, with rooms,
attendants, fuel, lights and stationery, suitable and
sufficient for the transaction of their business. If
they neglect, the court may order the sheriff to do
so, and the expense, when certified by the court,
becomes a county charge. Sections 28 and 51, Code
of Procedure.

Legislative powers.] Supervisors have now become
toa certain extent legislators. The statute enacted
under article third, section seventeen of the Con-
stitution of 1846, conferring legislative powers
upon boards of supervisors, has been found to be
very convenient and valuable in its operation. As
its convenience begins to be more understood, and
the local benefits derived from its enactment more
generally diffused, future legislation will no doubt
further enlarge its scope.

The act of 1849, conferring legislative powers
upon this board, is as follows: ;

Power to alter the bounds and to erect new towns and
file map.| §1. The boards of supervisors of the
several counties in this State, the county of New
York excepted, at their annual meeting, shall have
power within their respective counties, by a vote
of two-thirds of all the members elected, to divide
or alter in its bounds any town, or erect a new
town, but they shall not make any alterations
that shall place parts of the same town in more
than one assembly district; upon application to
the board as hereinafter provided, of at least twelve
freeholders of each of the towns to be affected by
the division, and upon being furnished with a map
and survey of all the towns to be affected, showing
Or THE BOARD OF SUPERVISORS. 45

the proposed alterations, and if the application be
granted, a copy of said map, with a certified state-
ment of the action of said board thereunto annexed,,
shall be filed in the office of the Secretary of State,
and it shall be the duty of the Secretary to cause
the same to be printed with the laws of the next,
legislature after such division takes place; and
eause the same to be published in the same manner
ss other laws are published.

Notice to be pasted and published.| § 2. Notice in
writing of such intended application subscribed by
not less than twelve freeholders of the town.or
towns to be affected, shall be posted in five of the
most public places in each of the towns to be
affected thereby, for four weeks next previous to
such application to the board of supervisors, and a
copy of such notice shall also be published for at
least six weeks successively immediately before
the meeting of the board of supervisors, at which
the application is to be made, in all the newspa-
pers printed in the county, not exceeding three in
number.

Name of new town to be designated and first meeting
appointed.| § 3. Whenever the board of supervisors
shall ereet a new town in any county, they shall
designate the name thereof, the time and place of
holding the first annual town meeting therein, and
three electors of such town whose duty it shall be
to preside at such meeting, appoint a clerk, open
and keep the polls, and exercise the same powers
as justices of the peace when presiding at town
meetings; and in case any of the said electors shall -
refuse or neglect to serve, the electors of the said
46 Or THE BoaRpD or SUPERVISORS.

town present at such meeting, shall have power
to substitute some elector of said town, for each
one so refusing or neglecting to serve. Notice of
the time and place of such town meeting, signed
by the chairman or clerk of the board of supervi-
sors, shall be posted in four of the most public
places in said town, by the persons so designated
to preside at such town meeting, at least fourteen
days before holding the same. They shall also fix
the place for holding the first town meeting in the
town or towns from which such new town shall
be taken. But nothing in this act shall affect the
rights or abridge the term of office of any justice
of the peace or other town officer in any such
town, whose term of office has not expired.

§ 4. The said boards of supervisors shall have
power, and they are hereby authorized:

Lands may be bought to erect poor houses on.] 1. At
any meeting thereof lawfully assembled, to pur-
chase for the use of said county, any real estate,
necessary for the erection of buildings, and for the
support of the poor of such county.

To erect court house, &c.] 2. To purchase any real
estate necessary for a site for any court house, jail,
clerk’s or surrogate’s office, or other public county
building in said county.

Sites to be fixed.] 3. To fix upon and determine
the site of any such buildings, where they are not
already located.

Sale of lands.] 4. To authorize the sale or leasing
of any real estate, belonging to such county, and

prescribe the mode in which any conveyance shall
be made.
OF THE BOARD oF SUPERVISORS. 4”

New sites.| 5. To remove or designate a new site
for any county buildings, when such removal shall
not exceed one mile.

Erection of buildings.] 6. To cause to be erected
necessary buildings for poor houses, jails, clerk’s
and surrogates’ offices or other county buildings,
and prescribe the manner of erecting the same.

Raising of money by taz.] 7. To cause to be raised

by tax upon such county any sum of money to
erect any of the buildings mentioned in this act,
not exceeding the sum of five thousand dollars in
any one year.
' Borrowing money for county use.| 8. To borrow
money for the use of such county, to be expended
in the purchase of any real estate, or for the erec-
tion of any such buildings, and to provide for the
payment thereof, with interest, by tax upon such
county, within ten years from the date of such
loan, in yearly installments or otherwise.

For town use.] 9. To authorize any town in such
county, by a vote of such town, to borrow any sum
of money not exceeding four thousand dollars in
one year, to build or repair any roads or bridges in
such town, and prescribe the time for the payment
of the same, which time shall be within ten years,
and for assessing the principal and interest thereof
upon such town.

Poor.] 10. To abolish or revive the distinction
between the town and county poor of such county.

Annual meeting.] 11. To fix the time and place of
holding their annual meetings.

Collection of taxes.] 12. To extend and determine
by resolution, at their annual meeting, the time:
48 Or THE BoARD OF SUPERVISORS.

when each collector in said county shall make
return to the county treasurer; but such time shall
in no case extend beyond the first day of March
then next.

Laws to destroy wild beasts, thistles, &c.| 13. To
make such laws and regulations as they may deem
necessary, and provide for the enforcing of the
same, for the destruction of wild beasts, thistles
and other noxious weeds, to prevent the injury and
destruction of sheep by dogs, and to levy and en-
force the collection of any tax upon dogs, and to
direct the application of such tax, and to provide
for the protection of all kinds of game, of shell and
other fish within the waters of their respective
counties; and all laws of this State now existing
in relation to preserving or destroying, killing and
taking wild beasts or birds, fish, eels, and shell
fish, are hereby repealed, such repeal to take effect
on the first day of January, in the year eighteen
hundred and fifty.

County officers to report.] 14. To require any
county officer, or any officer whose salary ia paid
by the county, to make a report under oath to them,
on any subjects or matters connected with the
duties of their offices; and the said officers are
hereby required to make such report wheneven
called upon, by resolution of any such board; and
if any such officer neglect or refuse to make such
report, he shall be deemed guilty of a misdemeanor.

Powers in the fourth section, by what vote to be exer-
cised.] § 5. None of the powers prescribed in the
last section shall be exercised except by a vote of
a majority of all the members elected in the county,
. Or THE Boarp or SUPERVISORS. 49
nor shall such power be exercised under the fifth,
tenth and thirteenth subdivisions of said section,
without a vote of two-thirds of all the members
elected to such boards.

Location of public buildings may be changed.] §6. The
boards of supervisors shall also have power within
their respective counties to change the location of
court houses, jails, clerks’ offices, surrogates’ and
treasurers’ offices, or other public buildings, when
the distance shall not exceed one mile, upon notice
having been given, signed by at least twelve free-
holders, for six successive weeks immediately be-
fore any meeting of such board, and specifying the
new site, and published in some newspaper printed
in the county; but the power granted in this sec-
‘tion for the removal of public buildings where the
distance exceeds one mile shall not be exercised,
unless at the next annual meeting after the publi-
cation of the aforesaid notice, a resolution shall be
passed to change the site of the building or build-
ings to the place mentioned in said notice, by a
vote of two-thirds of all the members elected, and
then only upon said resolution being published for
at least six weeks successively in some newspaper
printed in the county, immediately previous to the
next annual meeting of the supervisors, when, by a
vote of two-thirds of all the members elected, the
said resolution, being again passed, shall go into
effect.

Every resolution to be signed and recorded.] §7. Every
resolution of any board of supervisors, passed in pur-
suance of the provisions of this act, shall be signed
by the chairman and clerk of such board, and be

4 ‘
50 Or THE Boarp or SUPERVISORS.

recorded in the book of miscellaneous records of
such county.

Securtties to be given for loans.] § 9. When moneys
are loaned by the Comptroller to any county, the
treasurer thereof shall execute his official bond for
the payment thereof; and when loaned to any
town, the supervisor thereof shall execute his
official bond in like manner.

Allowance to supervisors for travel, §c.] § 10. Each
supervisor shall receive over and above the per
diem compensation now allowed by law eight cents
per mile for all necessary travel in the discharge
of his official duties, and three cents for each name
(for making a copy of the assessment roll of his
town and making out the tax bill to be delivered
to the collector), for the first hundred names, two
cents per name for the second hundred names, and
one cent per name for each name over two hun-
dred. But no per diem allowance shall be made to
any supervisor while employed in making out such
copy or tax.

Repeal.] §11. Nothing in this act contained shall
abridge the powers of any board of supervisors
which they now possess, and which are not incon-
sistent with the provisions of this act, and all acts
and parts of acts inconsistent with the provisions
of this act are hereby repealed. 1 R. S. 849,
5th ed.

Solitary cells.}] They shall also cause to be pre-
pared within the jails of their respective counties,
or elsewhere, at the expense of such counties, 80
many solitary cells for the reception of convicts
who may be sentenced to punishment therein, as
Or THE BOARD oF SUPERVISORS. 51

the county court of the county may direct. 1 R.
_S. 859, 5th ed.

Special commissioners.| By a law of 1838, autho-
rity was conferred upon boards of supervisors to
appoint special commisstoners to lay out public high-
ways in those cases where the board is satisfied
that the road is an important one, and the autho-
rity conferred upon commissioners of highways can-
not or will not be exercised.. But, by a provision
made in 1848, this power cannot be exercised un-
less the applicant for the road proves to the board
the service of notice in writing on a commissioner
of highways, in each town through and into which
such highway is intended to be laid, six days pre-
vious to the application, specifying the object of
the application and the names of the commission-
ers. Laws of 1848, ch. 164; 1 R.. S. 849, 5th ed. .
They have the power to provide for the payment
to such special commissioners for their time and
expenses. Id.

To publish accounts.] By the Laws of 1839, it is
made the duty of the board of supervisors of each
county in the State to publish, in one or more pub-
lic newspapers in such county, the name of each
individual who shall have had any account audited
and allowed by said board, the amount claimed and
the amount allowed, and also their proceedings
upon the equalization of the assessment roll. Laws
of 1839, ch. 369.

Blind.] The supervisors of any county from which
pupils are sent to the “New York Institution for
the Blind,” whose parents are unable to furnish
them with suitable clothing, are retyuired, while
52 Or THE BoARD oF SUPERVISORS.

such pupils are under instruction, to raise a sum of
money for the clothing of such pupils, not exceed-
ing twenty dollarsin any one year. Laws of 1839,
ch. 200; 2R. S. 374, Sthed. They are required to
raise the same amount for deaf and dumb pupils.
Laws of 1838, ch. 244.

It is also made the duty of the boards of super-
visors to allow reasonable compensation to. clerks
and sheriffs for services under the act for procur-
ing statistical information concerning convicts,
passed March 29, 1861. Laws of 1861, ch. 97.

To provide for publishing local laws.| The board of
supervisors in each county are bound to provide for
the publication of all general laws passed by the
Legislature, and also such local laws as are pre-
scribed by chapter 280 of the Laws of 1845; such
, publication to be in two newspapers printed in each
county, if there be as many. Laws of 1846, ch.
280; 1 R. S. 460, 5th ed.

To fix salary of county treasurer.| The board of
supervisors are also required to fix the compensa-
tion to be paid to the county treasurer in lieu of
the fees formerly allowed. Laws of 1846, ch. 189.
They are also to approve his bond, fix the amount
of security to be given, and may require him to
renew the same from time to time. Laws of 1859,
ch. 165.

May fill vacancies.| The board has the power also
to appoint a county treasurer, whenever a vacancy
occurs in that office. Laws of 1848, ch. 136.

To examine securities held by county treasurer] It is
also made their duty to examine into the situation
of the securities and money in the hands of the
Or THE BoARD OF SUPERVISORS. 53

county treasurers, and to ascertain whether such
moneys are securely and safely kept, deposited, or
invested ; and to see that such securities are ade-
quate and safe. Laws of 1848, ch. 277.

To appoint time for holding town meetings.| They are
also required to appoint the day for holding town
meetings in the several towns. They are required
to designate some day between the first day of
February and the first day of May, in each year.
Every town in the county must hold its town
meeting on the same day, and when fixed cannot
be changed under three years from that.time. Laws
of 1839, ch. 389; 1 R. S. 815, 5th ed.

Plank and turnpike roads.] It is made their duty
to appoint inspectors of turnpike roads, Laws of
1848, ch. 45, and inspectors of plankroads, Laws of
1847, ch. 210; also Laws of 1849, ch. 250; and to
determine whether an application for the construc-
tion of a plankroad shall be granted.

To separate the office of county judge and surrogate.|
Tn all cases where any county in this State, except
the city and county of New York, shall have a pop-
ulation exceeding forty thousand, the board of su-
pervisors therein, at any meeting of such board,
may, by a resolution thereof, provide for the elec-
tion of an officer other than a county judge, who
shall perform the duties of the office of surrogate
therein. Laws of 1847, ch. 276, p. 306.

Such board also has power to separate the office
of surrogate from that of county judge, and to fix
the salary for the respective offices of county judge,
surrogate, special county judge, and local officer.

To fix the salary of district attorney.] The board of
54 Or THE BoarD oF SUPERVISORS.

supervisors are authorized to fix the amount of
compensation to be paid the district attorney for
his services; and the salary, when so fixed, shall
not be increased or diminished. during the term for
which the district attorney has been or may be
elected. 1 R. S. 891, 5th ed.

To pay for guarding jatls.] Such board has the
‘power, under the act entitled “An act to enforce
the laws and preserve order,” passed April 15th,
1845, to cause to be levied and collected as other
county charges are levied and collected, such
amount as shall have been audited by the Comp-
troller to defray the expense that may have been
incurred in guarding and protecting jails. They
are authorized to purchase disinfectants and the
means of applying the same in the jails in their
respective counties. Laws of 1868, ch. 599, p. 1235.

Accounts for relief of poor in Livingston county.] A
law was passed in 1848, see ch. 334, p. 384, of the
laws of that year, for the temporary relief of the
poor of the county of Livingston ; and in that and
in all other counties where they avail themselves
of the provisions of that act, it is made the duty
of the board of supervisors to cause to be levied
the several claims by that act authorized upon the
towns affected thereby. By the same act, it is
made the duty of the board to examine and audit
the accounts of the superintendents of the poor. -

In case of vacancy may appoint superintendents of
poor and county treasurer.] They have the power also
to appoint superintendents of the poor and county
treasurers in those cases where a vacancy occurs
in those offices, but in no other case. Laws of 1847,
Or THE BoaRD oF SUPERVISORS. 55

ch. 498, p. 740. It is their duty also to fix the pen-
alty of the bonds of the superintendents of the
poor. Laws of 1850, ch. 12, p. 16. The board may
direct that only one superintendent of the poor be
elected who holds his office for three years. 2 R.

S. 839, 5th ed. And they may increase the num-
ber of superintendents from one to three. Laws
of 1862, ch. 298, p. 499.

Superintendent to give bond.] Every person here-
after elected to the office of superintendent of the
poor shall, within ten days after his election, give
a bond to the supervisors, with two or more suffi-
cient sureties, to be approved by the board of super-
visors, and in such sum as they shall direct, condi-
tioned that such person shall faithfully execute the
duties of his office, and shall pay, according to law,
all moneys which shall come to his hands as super-
intendent of the poor, and render a just and true
account thereof to the board of supervisors. 22.8.
841, bthed.

_ Such bond, with the approbation of the board ot
supervisors indorsed thereon by their clerk, shall
be filed in the office of the county clerk. Id.

Idle and truant children.] The board is required to
provide for the clothing, support, and instruction
of such idle and truant children as are defined by
the Laws of 1853. Laws of 1853, ch. 185, p. 358;
2R. 8. 379, 5th ed..

_ To tax rents.] In those counties where rents are
reserved in leases in fee, or for one or more lives,
or for a term of years exceeding twenty-one years,
the board of supervisors are required to assess the
taxes to be raised for county, town, and State pur-
56 Or THE BoARD OF SUPERVISORS.

poses upon the persons entitled to receive such
rents, within the town or ward where the lands
upon which such rents are reserved are situated,
in the same manner as they assess any personal
estate of the inhabitants of such town. See Laws
of 1846, ch. 327, p. 466; 1 R. S. 940, 5th ed.

Special meetings.| A majority of the board can
compel a special meeting by presenting a written
request to that effect to the clerk of the board.
Laws of 1838, ch. 314, p. 314; 1 R. S. 849, 5th ed.

Not to allow accounts to be withdrawn.] Whenever
‘an account is presented to the board of supervisors,
it becomes their duty to number the same, and
cause to be entered in their minutes the name of
the person by whom presented, and the time of its
presentation ; and they are prohibited by statute
from allowing that account to be withdrawn from
the custody of the board or their clerk, except to
be used as evidence upon a judicial trial or proceed-
ing; and, after being so used, it must be forthwith
returned. Laws of 1845, ch. 180, § 28; 1 R. 8.
856, 5th ed.

Unpaid taxes on lands of non-residents, how collected.]
If the taxes on any farm or lot of land assessed to
a resident are returned as unpaid, in consequence
of such premises becoming vacant by the removal
of the occupant before the collection of the tax
imposed thereon, or in default of goods and chat-
tels of the occupant to satisfy such tax, the super-
visor of the town in which such land was assessed
must add a description thereof to the assessment
roll of the next year in the part appropriated to
taxes on lands of non-residents, and charge the
Or THE BoarD or SuPERVISoRS. 57

same with the uncollected tax of the preceding
year; and the same proceedings must be had
thereon, in all respects, as if it were the land of a
non-resident, and as if such tax had been laid in
the year in which the description issoadded. Sec.
5, ch. 298, Laws of 1850; 1 R. S. 924, 5th ed.

Losses by default of collector.] All losses sustained
by the default of the collector of any town or ward
are chargeable on such town or ward. All losses
sustained by the default of the treasurer of any
county in the discharge of the duties imposed by
this act are chargeable on such county. And
the several boards of supervisors must add such
losses to the next year’s taxes of such town or
‘gounty. Sec. 25, ch. 288, Laws of 1850; 1 R. S.
948, Sth ed.

To furnish maps.| Whenever the Comptroller, pre-
paratory toa sale of lands for taxes, deems it neces-
sary, in order to test the correctness of the descrip-
tions thereof, he may apply to the board of super-.
visors of any county for maps of any tracts of land
charged with taxes, and returned from such county.
And the board of supervisors to whom such appli-
cation shall be made must furnish such maps at the
expense of the county, if they can be procured ;
and if not, they must then furnish such descrip-
tions of the lands as they can obtain, with a state-
ment of the quantity in each subdivision, if the
same be divided. Sec. 44, ch. 298, Laws of 1850;
1 R. 8. 932, 5th ed.

To appoint county sealer.] The board of supervisors
of each county are required at their annual meet-
ing to appoint a county sealer of weights and meas-
58 Or THE BoARD OF SUPERVISORS.

ures, who holds his office during the pleasure of
the board. 2 R. S. 829, 5th ed.

The supervisors of each county must rdvide for
procuring the proper standards of weights and
measures for their respective counties, and for each
of the towns therein; and all expenses directly in-
curred in furnishing the several cities, counties, and
towns with standards, or in comparing and adjust-
ing those already in their possession, must be borne
by the respective cities, counties, and towns for
which such expense may have been incurred. Laws
of 1851, ch. 184, secs. 20 and 24; 2 R. S. 830, 5th ed,

Fees in criminal proceedings, by whom paid.| All fees
and accounts of magistrates and other officers for
criminal. proceedings, including cases of vagrancy,
must be paid by the several towns or cities where
the offense may have been committed, and all ac-
counts rendered for such proceedings must state
where such offense was committed, and the board
of supervisors must assess such fees and accounts
upon the several towns or cities designated by such
accounts; but when any person is bound over to
the oyer and terminer, or court of sessions, or com-
mitted to jail to await a trial in either of said courts,
the costs of the proceedings had before the single
magistrate, are chargeable upon the towns or cities
as aforesaid, and the costs of the proceedings had
after the person shall have been so bound over or
committed, are chargeable to the county; but no-
thing herein contained applies to cases of felonies,
nor where the proceedings or trial for the offense
is before any court of oyer and terminer or court
of sessions of the county, and the fines imposed and
Or tur Boarp or SUPERVISORS. 59

collected in any such cases must be credited to said
towns or cities respectively. Laws of 1847, ch. 455;
1 BR. S. 855, 5th ed.

Accounts, how and when to be audited.| No account
shall be audited by any board of supervisors for any
services or disbursements, unless such account is
made out in items and accompanied with an affida-
vit attached to, and to be filed with such account,
made by the person presenting or claiming the
same, that the items of such account are correct,
and that the disbursements and services charged
therein have been in fact made or rendered, or
necessary to be made or rendered at that session
of the board, and stating that no part thereof has
been paid or satisfied. And the chairman of such
board is authorized to administer any oath required
under this section. The same rule applies in all
respects to town auditors and superintendents of
the poor. Laws of 1847, ch. 490; 1 R. 8. 855, 5th ed.

The verification. of such accounts is not to be
construed to prevent the board from rejecting the
whole of the claim, or any part, if they see fit. Id.

To entitle any constable or other officer to the
increased fees provided for in the law of 1869, ch.
820, such officer shall show by affidavit that such
travel was necessary on the process on which it
was charged; that no more miles are charged for
than were actually and in good faith traveled on
the execution of such process; and that such offi-
cer, at the time, had no other official or private
business on such traveled route; and that the
charge for going and returning was made only
upon one process, which process shall be attached
60 Or THE BoARD OF SUPERVISORS.

to or described in such affidavit; and the board
must be satisfied that the miles charged were actu-
ally and necessarily traveled on the process named,
and on that process only.

Justices’ accounts.| The accounts of the justices of
the peace, for services in criminal proceedings,
shall in all cases contain the name and residence
of the complainant ; the offense charged ; the action
of the justice on such complaint; the constable or
officer to whom any warrant on such complaint was
delivered, and whether the person charged was or
was not arrested, and whether an examination was
waived or had, and witnesses sworn thereon, and
the final action of the justice in the premises. Id.

Accounts for county charges of every descrip:
tion shall be presented to the board of supervisors
of the county, to be audited by them. 1 R. S. 904,
5th ed.; People v. Stout, 23 Barb. 338, 1 Seld. 67.

But no supervisor can act as a member of any
standing committee of the board, having at the
time under consideration any bill in which such
supervisor shall be pecuniarily interested. Laws
of 1869, ch. 855.

The accounts of members of the board of town
audit, for services charged to the town or to the
county, are to be made out in detail and verified,
and audited by the board of supervisors, and can-
not be audited by the town audit. Id.

Bridges.] They have the power to cause to be
levied, collected, and paid to the county treasurer,
such sum of money as may be necessary to con-
struct and repair the bridges in their county, and
to prescribe the manner of expending such moneys,
Or tHE Boarp or SUPERVISORS. 61

and to apportion the necessary tax for such purr
pose among the towns, in such mi&nner as will be
equitable. 2 R. S. 410, 5th ed.

To provide for building court houses, jails, &c.] They
may cause to be levied and collected such moneys
as they may deem necessary for rebuilding or
repairing the court house or jail in their county,
and for building, rebuilding or repairing the clerk’s
office of their county, and they may prescribe
the plan and dictate the manner of expending the
money. 1 R. S. 848, 5th ed.

. Laying out highways.] All damages which may be
finally assessed or agreed upon, for the laying out
of any public highway, are to be audited by the
board of supervisors, and the amount levied and
collected in the town in which such road is located.
2 R. S. 399, dth ed.

The award of damages is conclusive on the board
of supervisors, and cannot be revised by them; but
they must cause it to be raised by tax, and may
be compelled to do so by mandamus. People v.
Supervisors of Ulster County, 3 Barb. 332.

. Highways.] They may cause to be collected in
any town in their county, the sum of five hundred
dollars, in addition to the sum ordinarily. raised
under the highway act to repair roads and bridges,
provided a majority of the legal voters of the town,
at a legal town meeting, have voted to raise that
amount for such purpose. Id.

Towns intending to apply to the board for the -
purpose of raising that sum, or less sum, for the
above named purpose, must cause notice of such
application to be published once in each week, for
62 Or roe Boarp or SUPERVISORS.

four successive weeks preceding the meeting of t'
board of supervisors, at which such application
to be made, in a newspaper in such county; b
if no paper is printed in the county, then in son
newspaper nearest to such county. 1 R. 8. 84
5th ed.

They have no authority to raise money for tk
purpose, unless it should appear that a written n
tice of the application to the town meeting, in tl
town where the money is to be raised, had be
posted on the door of the house where the tov
meeting is to be held, and also at three publ
places in such town, for two weeks before the tov
meeting; and also that such notice was open
read to the electors present, immediately after tl
opening of the meeting; and also that such noti
stated the object of the application. Id.

To authorize towns to borrow money.] They mi
authorize the supervisor of any town in su
county, by.and with the consent of the commi
sioners of highways, town clerk and justices of 1]
peace of such town, to borrow such sum of mone
for and on the credit of such town, as the said tov
officers may deem necessary to build or repair ar
road or roads, or bridge or bridges, in such tow
or which shall be partly in such town and part
in an adjoining town, or to pay any existing de
incurred in good faith by or on behalf of such tow!
and the board of supervisors shall have power
prescribe the form of obligation to be issued on a1
such loan, and the time and place of payment, t!
time not to exceed ten years from the date of su
obligation, and the rate of interest thereon n
Or THE BoARD oF SUPERVISORS. 63

exceeding seven per cent per annum. It is the
duty of the board of supervisors to impose, from
time to time, sufficient tax upon the taxable prop-
erty of the town to pay the principal and interest
of such obligations. Laws of 1869, ch. 855.

Power as to abandoned highways and bridges.] The
boards of supervisors may provide for the use of
abandoned turnpike, plank or macadamized roads
within any town as public highways; and for the
improvement of any public highway laid out in
pursuance of law; and for the location, erection
repair or purchase of any bridge, except over navi-
gable streams; and for apportioning the expense
of the same. But jurisdiction in such cases shall
not be exercised without the assent of two-thirds
of all the members elected to such board, to be
determined by yeas and nays; and no special ordi-
nance relating to any one town or ward only, shall
become operative unless it shall receive the affirm-
ative vote of the supervisor representing such town
or ward. Id.

May change rates of toll.| On the petition of the
directors, trustees or owners of any road, bridge
or ferry, they may change the rates of toll of such
road, bridge or ferry, provided that no rates of toll
shall be increased, unless notice of the intention
to apply for such increase shall have been pub-
lished once in each week for six weeks in each
newspaper published in such county, next before
the annual election of supervisors in such county.
Id.

May legalize vote of towns for monuments.] The
board of supervisors, by a two-third vote of all the
64 Or THE BoARD oF SUPERVISORS.

members elected in such county, may legalize the
vote of the majority of the electors of any town for
the purpose of erecting a public monument within
such town, in memory of the soldiers of such town,
or in commemoration of any public person or event,
Id.

‘May legalize acts of towns.| By a vote of two-
thirds of all the members elected thereto, the board
of supervisors of any county, except New York
and Kings, may legalize the informal acts of any
town meeting in raising money for any purpose for
which such money is authorized to be raised by
law, and by a like vote to legalize the irregular
. acts of any town officer, performed in good faith and
within the scope of his authority, provided such
legalization shall be recommended by the county
court of such county; and also, on like recommen-
dation to correct any manifest clerical or other
error in any assessments or returns made by any
town officer to such board of supervisors, or which
shall properly come before such board for their
action, confirmation or review. Id.

As to county books and records.| The board of su-
pervisors shall have, subject to the legal rights of
the officers using the same, the general charge of
the books and records of the county, and shall pro-
vide for their safe keeping; and may order copies
of the same to be made for the public use, subject
to the approval of the work by the county judge or
a justice of the supreme court. Id.

For special provisions in regard to accounts. to
be presented to the board in the county of Rens-
selaer, vide Laws of 1848, ch.55; 1 R. S. 857, 5th ed.
Or THE BoarD oF SUPERVISORS. 65

Accounts with county treasurer under poor laws.] In
those counties where the respective towns are re-
quired to support their own poor, the county treas-
urers thereof must respectively open and keep an
account with each town, in which the town must
be credited with all moneys received from the same
or from its officers, and charged with the moneys
paid for the support of the poor chargeable to such
town. And if there be a county poor house or
other place provided in such county for the recep-
tion of the poor, the superintendents of the poor of
the county are required in each year, before the
annual meeting of the board of supervisors of such
county, to furnish te the county treasurer a state-
ment of the sums charged by them, as hereinafter
directed, to the several towns for the support of
their poor, which must be charged to such towns
respectively, by the county treasurer, in his ac-
counts. 2 R. S. 850, 5th ed.

Accounts by superintendents.| In those counties in
which a poor house is established, or a place pro-
vided by the superintendents, for the reception of
the poor, and in which the several towns are liable
for the support of their poor-respectively, it is the

duty of the superintendents, annually, and during
the week preceding the annual meeting of the board -
of supervisors, to make out a statement of all the
expenses incurred by them the preceding year, and
of the moneys received, and exhibiting the defi-
ciency, if any, in the funds provided for the defray-
ing such expenses; and they must apportion the
deficiency among the several towns, in proportion

to the number and expenses of the paupers belong-
5
66 ‘Or THE BOARD OF SUPERVISORS.

ing to such towns respectively, who shall have
been provided for by the superintendents, and
charge the towns with such proportions; which
statement must be by them delivered to the county
treasurer, as before directed. Id.

To be laid before supervisors.] At the annual meet-
ing of the board of supervisors, the county treasu-
rer must lay before them the account so kept by
him, and if it appears that there is a balance
against any town, the board must add the same to
the amount of taxes to be levied and collected upon
such town, with the other contingent expenses
thereof, together with such sum for interest, at the
rate of seven dollars on the hundred, as will reim-
burse and satisfy any advances that may be made,
or that may have been made, from the county
treasury, for such town; which moneys, when col-
lected, must be paid to the county treasurer. Id.

Expense of supporting county poor, how defrayed.]
The superintendents of the poor in each county
must annually present to the board of supervisors,
at their annual meeting, an estimate of the sum
which, in their opinion, will be necessary, during
the ensuing year, for the support of the county
poor; and the said supervisors must cause such
" sum as they may deem necessary for that purpose,
to be assessed, levied and collected in the same
manner as the other contingent expenses of the
county, to be paid to the county treasurer, and to
be by him kept as a separate fund, distinct from
the other funds of the county. 2.R. 8. 851, 5th ed.

Board of county canvassers.| The board of county
‘canvassers consists of the persons to whom the
Or ror Boarp or SvPurRvisors. 67

inspectors of election are required by law to deliver
the original statements of votes given at elections
in the several election districts.

The law provides that such statements must be
delivered to the supervisor of the town, and if
there be no supervisor in the town, or if he be dis-
abled from attending the board of county canvass-
ers, then such statement must be given to one of
the assessors of the town or ward in which such
election was held. 1 R. S. 436, 5th ed.

Hence the board of county canvassers ordinarily
consists of the board of supervisors, although it
frequently happens that assessors, for the reason
above stated, are associated with supervisors ; and
in such case the board consists of such supervisors
and assessors, as lawfully receive from the inspect-
ors of election the original statement of votes cast
at a regular election. Id.

They shall meet at the office of the county clerk,
on the Tuesday next following the election, before
one o’clock in the afternoon of that day, in all the
counties of this State, except the county of Ham-
ilton, which shall meet on, the first Friday next fol-
lowing said election, and shall choose one of
their number as chairman. Id.

Secretary.| The clerk of the county, or in his—
absence, his deputy, shall be secretary of the
board. Id. 437.

The chairman shall then administer the consti-
tutional oath to each member of the board, and the
same oath shall be administered to him by the
secretary. Id.

Quorum.] The major part of the supervisors or
68 Or THE BoARD oF SUPERVISORS.

assessors, to whom the original statements of the
canvass in the several districts of their towns or
wards shall have been delivered, shall be a suffi-
cient number to constitute a board. Id.

The original statements of the canvass in each
district shall then be produced, and from them the
board shall proceed to estimate the votes of the
county, and shall make such statements thereof as
the nature of the election shall require; such state-
ments shall then be delivered to and deposited with
the county clerk. Id.

Statements.] They shall make a separate state-
ment, containing the whole number of votes given
in such county for the office of governor, lieutenant
governor, judge of the court of appeals, justice of
the supreme court, clerk of the court of appeals,
secretary of state, comptroller, treasurer, attorney
general, state engineer and surveyor, canal com-
missioner, inspector of state prisons, senator in
each district, and representative in congress in
each district, or any or either of them; the names
of the persons for whom such votes were given, and
the number of votes given for each: another, of
the votes given for all county officers, any or either
of them: another, of the votes given for member of
assembly in each assembly district: and another,
of the votes given for electors of president and vice
president: and another, of the votes given for any
proposed amendment to the Constitution. Id.

In such statements, the whole number of votes
given in each town and district, the names of the
candidates, and the number of votes given to each,
shall be written out in words at full length. Id. 438.
‘Or THE BOARD oF SUPERVISORS. 69

To be certified.| Each statement shall be certified
as correct, and attested by the signatures of the
chairman and secretary of the board; and a copy
of each, thus certified and attested, shall be deliv-
ered to the county clerk, to be recorded in his
Office. Id.

County officers and member of assembly.] Upon the
statement of votes given for member of assembly
and county officers, the board shall proceed to de-
termine what person or persons have, by the great-
est number of votes, been duly elected to each of
the offices mentioned in each statement. The
board shall cause a copy of every such determina-
tion, and of the statement upon which it shall be
made, to be published in one or more of the news-
papers printed in the county. Id.

If any member of the board shall be unable to
attend the meeting on the day appointed, he shall
cause the statement left with him to be delivered
at the office of the county clerk.

If, on that day, a majority of the county can-
vassers shall not attend, or the statements of the
votes from every district in the county shall not
be produced, the canvassers then present shall ad-
journ to some convenient hour of the next day. Id.

At that hour they shall again meet, and the can-
vassers then attending, although less than a ma-
jority of the whole, shall organize themselves as a
board, and upon the statements or certified copies
thereof then produced, shall proceed to estimate,
state and certify the votes of the county, in the
manner before directed. Id.

If it shall clearly appear that in any statement
70 Or THE BoarpD oF SUPERVISORS.

certain matters are omitted, or any clerical mis-
takes, merely, have been made, one of their num-
ber may be deputed to call on the proper inspect-
ors, and have such mistake corrected, and the board
may adjourn from day to day for that purpose, such
adjournment not to extend beyond three days. Id.

Power of canvassers.| The duties of the canvassers
are ministerial. They should allow all votes, the
names of which are misspelled, if the misspelling
does not alter the sound of the name. They should
allow the usual abbreviations of a name, but not
initials; and they cannot receive evidence as to
what the initials stand for, nor can they count bal-
lots containing only the surname of a candidate.
People v. Cook, 8 N. Y. 80; People v. Ferguson, 8
Cow..106; People v. Stephens, 5 Hill, 617.

School taz.] There shall be raised by tax, each
year, upon the real and personal estate in each
county within the State, one mill and one-fourth
of a mill upon each and every dollar of the equal-
ized valuation of suoh estate, for the support of
common schools. Laws of 1868, ch. 741.

No clerk of any board of supervisors, or other
person who shall make out the tax list or assess-
ment roll of any town, shall omit to include and
apportion among the moneys to be raised thereby,
the amount hereby required to be raised for the
support of schools, by reason of the omission of the
board of supervisors to pass a resolution for that
purpose. Laws of 1864, ch. 555.

Salary of school commissioners.] The board of su-
pervisors shall annually audit and allow the neces-
sary expenses of each commissioner within the
Or THE BoARD oF SUPERVISORS. 71

county, to the amount not exceeding two hundred
dollars, and assess and levy the amount by tax
upon the towns composing his district. Laws of
1864, 55d, title 2, § 8.

List of grand jurors.] The supervisors of the sev-
eral counties, except the city and county of New
York, at their annual meetings in each year, must
prepare a list of the names of three hundred per-
sons, to serve as grand jurors at the courts of oyer
and terminer, and courts of sessions, to be held in
their respective counties during the then ensuing
year, and until new lists shall be returned. 3 R.
S. 1012, 5th ed.

Who to be placed on list.] In preparing such lists,
the said boards of supervisors must select such per-
sons only, as they know, or have good reason to
believe, are possessed of the qualifications by law
required of persons to serve as jurors for the trial
of issues of fact, and are of approved integrity,
fair character, sound judgment, and well informed.
Id, : ,
Who to be omitted.| Persons exempt by law from
serving as jurors for the trial of issues of fact, must
not be placed on any list of grand jurors, required
by the preceding provisions. Id.

Contents of lists, &c.] The lists so made out by
the said boards of supervisors must contain the
christian and surnames, at. length, of the persons
named therein, their respective places of residence,
and their several occupations; it must be certified
by the clerk of the board of supervisors, and be filed
in the office of the clerk of the county, wihin ten
days after the first day of the meeting at which
72 Or THE BoARD oF SUPERVISORS.

the same is herein directed to be made. Jd. 1013.

Increasing number of jurors.] If the county judge
of any county of this State shall at any time be of
opinion that a greater number of persons than that
herein required, should be returned to serve as
grand jurors in their county, they may, by an order
under their hands, direct such number to be in-
creased; but such increase must not exceed one-
half the number herein required to be selected for
such county. Id.

Duty of supervisors.) Upon any order which is
authorized as above, being served upon the board
of supervisors, they must, at their next annual
meeting, increase the number of persons returned
by them to serve as grand jurors, pursuant to such
order. Id.

To facilitate the formation of the list of grand
jurors, the supervisor of each town, as soon after
the annual session of the board commences as prac-
ticable, should present to the board a list of such
names as he deems qualified to serve, adding to
their names their occupations. Much discrimina-
tion and care should be used in preparing this list,
for upon the fidelity with which this duty is dis-
charged, depends much of the security of the com-
munity, in their persons and property, from vio-
lence, disorder and crime. The statute prescribes,
as mentioned above, that the persons selected as
grand jurors, must be men of approved integrity, fair
character, sound judgment, and well informed. 38 R.
8.1012, 5th ed. The jurors must be apportioned
according to the population of each town.

Compensation of grand and petit jurors.| The board
Or THE BoarD oF SuPervisors. 73

of supervisors may affix the compensation of jurors
at two dollars per day, besides traveling expenses.
Laws of 1866, ch. 307.

Stenographers for the courts.] The board of super-
visors of any county of this State may provide for
the employment of a stenographer in the county
court and court of sessions thereof, and may fix the
compensation he shall receive, and provide for the.
payment thereof in the same manner as other
county expenses are paid. Laws of 1869, ch. 626,
p. 1499.

Dogs.] The board of supervisors are required to
issue their order on the county treasurer, for the
amount of the damages appearing by the certificate
of the fence-viewers, to have been sustained by
the owner of any sheep, killed or injured by dogs,
where they are satisfied that the owner or pos-
sessor of such dogs cannot be discovered, or that
the party injured has failed to recover such dam-
ages of such owner or possessor; which order must
be paid from the fund constituted by the tax on
dogs, and from no other fund. 2 R. S. 975, 5th ed.

If, after receiving such amount, the owner of the
sheep 80 killed, shall recover from the owner of
the dog the whole or any amount of such damage,
then he shall refund the same to the county treas-
urer. In case he fail to do so, the supervisor may
bring an action to recover the same. Id. 976.

Accounts audited by town auditors.] The board of
town auditors meet annually in each town for
the purpose of auditing town accounts, on the last
Thursday preceding the annual meeting of the
board of supervisors.
4 Or THE BoARD o¥r SUPERVISORS.

They make a certificate, specifying the name of
the person in whose favor the account is drawn,
the nature of the demand, and the amount allowed
and deliver the same, or a duplicate, to the town
clerk, and also a copy to the supervisor of the town,
to be laid by him before the board of supervisors,

who are authorized and directed to cause to be >

levied and raised upon said town, the amount spe-
cified in such certificate, in the same manner as
they levy and raise other town charges. 1 R. 8S.
835, 5th ed.

The accounts of justices of the peace and consta-
bles, for their fees in criminal proceedings, must
be audited by the board of supervisors.

Marshals.| The accounts for the services of mar-
shals, under the act of 1855, for taking the census,
must be audited, assessed and collected as a part
of the contingent expenses of the county. Laws of
1855, ch. 64, p. 90.

The marshal is entitled to receive for his services
under that act, the sum of two dollars and no
more, for each day he is actually and necessarily
employed. Laws of 1855, ch. 181, p. 259.

Mode of electing printer and publishing laws.| The
board of supervisors are required, at their annual
meeting, to appoint the printers for publishing the
laws in their respective counties. The appoint-
ment is made as follows: Each member designates
by ballot one newspaper printed in the county, to
publish the laws, and the paper having the highest
number of votes, and also the paper having the
next highest number of votes, are the papers which
must be designated for printing the laws. If there
Or THE BoaRD or SUPERVISORS. 75

be but one paper printed in the county, then the
laws must be printed in that paper. Laws of 1845,
ch. 280, p. 305. ,

The laws to be published as mentioned above,
are those of a general nature passed by the legis-
lature; and those of a local nature must be pub-
lished in those counties affected by such local laws.
The publisher of each of the papers so designated
as aforesaid, shall be entitled to receive for such
publication of all the laws above specified, a sum
not exceeding fifty cents for each folio. Laws of
1868, ch. 345, and 1869, ch. 831.

The board must assess and cause to be collected,
the necessary expenses for publishing such laws.

State taz.] The amount of tax to be levied for
the various branches of the State government is
fixed by successive legislatures, and often varies in
amount from year to year. The law of 1869, ch.
697, directs a tax for the purpose of the general
fund of the State, of one and one-fourth of one mill
on each dollar of the real and personal property of
the State, subject to taxation; of one and one-
fourth mill on each dollar for common schools; of
two mills and one-fourth of a mill on each dollar for
paying upon the bounty war debt; and one-eighth
of a mill on each dollar to provide for the floating
debt; and by chapter 877, a tax of three-quarters
of a mill on each dollar for construction of new
work upon and extraordinary repairs of the canals
of the State.

The board must levy and provide for the collec-
tion of such taxes in the same manner as has been
76 Or THE Boarp oF SUPERVISORS.

described for the raising and collection of other
taxes.

Indigent insane persons.| In those cases where an
indigent insane person has been sent to the asylum
by his friends, who have paid the bills therein for
six months, if the superintendent certifies that he
is a fit patient and likely to be benefited by remain-
ing in the institution, the board of supervisors of
the county are required, upon application on oath
in his behalf, to raise a sum of money sufficient to
defray the expenses of his remaining there another
year, and pay the same to the treasurer of the
asylum. 2 R. S. 893, 5th ed.

Each county may at all times have one indigent
insane patient in the asylum, whose disease at the
time of admission was a first attack, and did not
exceed six months; and such further number of
either old or recent cases as the asylum can accom-
‘modate, in proportion to the insane population of
the county. The patients shall be designated by
the superintendents of the poor, or if the county
has no such superintendents, by the county judge.
2 RK. S. 891, 5th ed.

The expense of clothing and maintaining in the
asylum, a patient who has been received upon the
order of any court or officer, shall be paid by the
county from which he was sent to the asylum. WH.
894.

The expenses of removing such patients from the
asylum are also to be paid by the county. Id. 895.

Idiots.] The supervisors are authorized and re-
quired to raise a sum.of money, not exceeding
twenty-one dollars in any one year, for each pupil
OF THE BoARD oF SUPERVISORS. 77

from said county in the asylum for idiots, whose
parents are unable to furnish them with suitable
clothing. id. 900.

Coroners’ accounts.| Before auditing the accounts
of coroners, the board must require of them a state-
ment in writing, containing an inventory of all
money and other valuable things found with per-
sons on whom inquests may have been held, and
the manner in which the same may have been dis-
posed of, verified by the oath or affirmation of the
coroner making the same, that such statement is
in all respects just and true, and that the money
and other articles mentioned therein have been
delivered to the treasurer of the county, or to the
legal representatives af such person. Laws of 1842,
ch. 155; 3 R. S. 1037, 5th ed. The board is re-
quired to audit and allow to such coroners, all rea-
sonable expenses incurred by them in that behalf,
jn addition to the fees allowed for holding an
inquest.

‘Additional security from commissioners of loans.]
When the supervisors have reason to apprehend
that the loan commissioners or their sureties are
likely to fail, it is their duty to require such com-
missioner to give such additional security as they
deem reasonable and satisfactory. Laws of 1837,
ch. 150; 1 R. S. 708, 5th ed.

The loan commissioners are required to exhibit
to the board of supervisors, at each annual meeting
of the board, all of the mortgages and other securi-
ties taken or held by them for moneys loaned by
virtue of their office, and also their books of account,
minutes and vouchers. Id. 705.
78 Or THE BoARD oF SUPERVISORS.

The board of supervisors are to examine all such
mortgages and securities, and certify to the Comp:
troller the state in which they shall find the said
moneys, and the result of such examination, and
what direction they have given the commissioners.
Id.
Non-resident taxes belonging to school districts.] The
county treasurer having laid before the board of
supervisors, the account, affidavit and certificate
required in the case of the non-payment of non-
resident taxes belonging to school districts, it
becomes their duty to cause the amount of such
unpaid taxes, with seven per cent of the amount
in addition, to be levied upon the lands of non-
residents, upon which the same were imposed, and
if imposed on the lands of any incorporated com-
pany, then upon such company, in the same man-
ner that the contingent charges of the county are
levied and collected, and the amount returned to
the county treasurer. Laws of 1865, ch. 647.

The commissioners of excise are required to
make annual reports to the board of supervisors,
and within the first five days from the first day of
such annual meeting. Laws of 1860, ch. 274.

May examine witnesses.| Whenever the board of
supervisors deem it necessary or important, they
may examine any person as a witness upon any
subject or matter within the jurisdiction of the
board, or may examine any officer of the county,
in relation to the discharge of his official duties,
or to the receipt or disbursement by him of money,
or the possession or disposition of any property
belonging to the county; and for this purpose may
Or THE BoARD oF SUPERVISORS. "79

issue subpoenas, and enforce the same by attach-
ment. 1 R. S. 852, 5th ed.

Section 2. Duties or tae CLERK OF THE BoaRD OF
SUPERVISORS.

The language of the statute is quite indefinite as
to what shall be the qualifications of a clerk of the
board of supervisors; at least he must be “some
proper person.” :

The clerk having been appointed by the board,
it is made his duty, ‘‘to record in a book, to be
provided for that purpose, all the proceedings of
the board :

“To make regular entries of all their resolutions
or decisions on all questions concerning the rais-
ing or payment of moneys:

“To record the vote of each supervisor on any
question submitted to the board, if required by any
member present: and,

“To preserve and file all accounts acted upon
by the board.”

His office is to be the depository of the books,
records, and accounts of the board: the same are
to be open without reward to the examination of
all persons. 1 R. S. 858, 5th ed.

It is his duty to designate upon every account
upon which any sum shall be audited and allowed
by the board, the amount so audited and allowed,
and the charges for-which the same was allowed ;
and he is also bound to deliver to any person who
may demand it, a certified copy of any account on

“ile in his office, upon the receipt from each person
of the sum of six cents for every folio of one hun-
80 Or THE BosRD oF SUPERVISORS.

dred and twenty-eight words contained in such
copy. 12. S. 367, 859, 5th ed.

Whenever the board of supervisors have fixed
the compensation of the district attorney, the clerk
of the board shall deliver to the person filling the
office of district attorney, a certified copy of the
resolution so fixing the salary. Id. 591.

It has already been mentioned in the chapter
upon supervisors, that the supervisor is required
each year to report an abstract of the expenses
relating to the poor, in those counties where all of
the poor are not a county charge. When the clerk
receives such abstracts, it becomes his duty to de-
liver the same to the county superintendent of the
poor of his county, and if he neglects or refuses to
deliver them, or certified copies thereof, or if he
shall willfully make and deliver any false copy,
he forfeits the sum of one hundred dollars, to be
recovered by the district attorney in the name of
the people of the State, for the benefit of the poor
of the county. 1 R. S. 632; p. 857, vol, 2, 5th ed.

To send aggregate valuation of real estate to Comp-
troller.| The clerk of the board of supervisors of the
several counties is required, on or before the second
Monday in December of each year, to. transmit to
the Comptroller by mail, in the form which may
be prescribed by him, a certificate or return of the
aggregate valued amount of real and personal estate
in each town, or ward, as corrected by the board
of supervisors. The Comptroller sends a blank to
each clerk of the board, and in filling up and re-
turning the same the clerk must add his name an@
post-office address. The clerk who neglects or
Or THE BOARD or SUPERVISORS. 81

refuses to make such return, forfeits to the people of
this State the sum of fifty dollars. 1 R. 8.950, dthed.

To publish names of persons who present claims.| He
must publish in one or more public newspapers in
his county, the name of every individual who may
have had any account audited and allowed by the
board, and the amount of such claim as allowed,
together with the amount claimed. Id. 859.

Equalization.| He must also publish in the man-
ner above stated, the proceedings of the board upon
the equalization of the assessment rolls. Id.

To publish abstract of town accounts.| He must also
prepare for publication the abstracts of town ac-
counts that are made out by the town auditors and
forwarded to him, and cause the same to be pub-
lished. Id.

To publish supervisors’ accounts.] It is also the duty
of clerks of boards of supervisors, on the thirty-
first day of December, or within ten days previous
thereto, in each year, to make out a statement,
showing:

1. The amount of compensation audited by the
board of supervisors to the members thereof sever-
ally, within the year, and the items and nature of
such compensation as audited:

2. The number of days the board shall have
been in session withim such year, and the distance
traveled by the members respectively in attending
the meeting of the board :

3. Whether any accounts were audited or allowed
without being verified according to law, for any
member of the board of supervisors, or any other
person, and if any, how much, and for what.

6
82 Or THE Boarp or SUPERVISORS.

Such statement must be certified by such clerk,
and printed in a newspaper printed in the county,
in the manner that the accounts audited by the
board of supervisors are required to be published,
within two weeks after such statement shall be
made out. It is made the special duty of such
clerk to see that the same is so published, and for
intentionally neglecting to do so, such clerk is
deemed guilty of a misdemeanor. 1 R. S, 858, 5th
ed. ; Laws of 1847, ch. 455, p. 586.

In the preparation of the statements in regard
to the equalization of the assessment rolls, much
variety of practice exists in different counties.
Some clerks prepare only one table, which they
make to consist of the results of the equalization,
with the several columns for the different taxes
annexed. This process fails to spread before the
electors all of the proceedings which the statute
seems to indicate should be published. For con-
venience, these proceedings may be published in
separate statements, or tables. °

When the supervisors make an order abolishing
the distinction between town poor and county poor,
and decide to have all the poor a county charge,
the clerk of the board must serve notice of such
order immediately on the overseers of the poor of
every town in the county, and also upon the clerk
of each town, village or city within such county.
2 R. S. 845, 5th ed., secs. 44 and 48.

To approve bonds.] The bonds of superintendents

of the poor are executed to the board of supervi-

sors. The clerk is required to endorse upon such
bond a certificate to the effect that the board have

wile ea.
Or THE Boarp or SuPERVIsors. 83

approved of the bond, and after endorsing his ap-
proval, such bond is required to be filed in the office
of the county clerk. Jd. 841.

To , Prepare list of grand jurors.| The clerk pre-
pares the list of grand jurors and files the same in
his office, and forwards a certified copy of such list
to the county clerk. This should be done within
ten days after the first day of the annual meeting.
3 R..S. 10138, 5th ed.

General abstract.| The duty of putting in form
the statement. usually denominated the “ general
abstract,’ devolves upon the clerk. This usually
consists of the following number of columns:

The name of the town.

The number of acres of land in each town.
The assessors’ valuation of the real estate.
The equalized valuation of real estate.
The amount of personal property.

The aggregate equalized valuation.
Amount of State tax.

Proportion of county tax.

Amount of town taxes.

10. Rate of tax upon one hundred dollars of
assessors’ valuation.

11. Names of collectors.

12. Amount to be paid to the overseers of the
poor.

13. Amount to be paid to the commissioner of
highways.

14. Amount to be paid to the supervisors.

15. Amount to be paid to the county treasurer
for the support of the town poor at the poor house.

16. Rejected taxes assumed.

OH AID on A OD DO
84 Or THE BoARD oF SUPERVISORS.

17. Surplus levy of 18

18. Deficit levy of 18

19. Assumed non-resident school tax.

20. Amount to be paid to the commissioner of
highways for non-resident highway labor.

21. Amount to be paid to the county treasurer
for non-resident school taxes re-assessed.

22. Rejected taxes re-assessed.

23. Amount to be paid to county treasurer for
county levy, and rejections re-assessed and assumed.

24. Aggregate State, county and town appropri-
ations.

25. Amount in the hands of the county treasurer
for military fund credited to each town.

26. Names of incorporated companies ; their cap-
ital stock, real estate, amount taxed, and tax.

To furnish county treasurer with general abstract.]
The clerk should furnish the county treasurer with
a certified copy of the general abstract.

Special meetings.]| Upon the written request of a
majority of the supervisors of the county, the clerk
may call special meetings of the board. 18.8.
849, § 8, 5th ed.

To send certificate relating to loan commissioners to
Comptroller.| The board are required at each annual
meeting, to examine the mortgages, securities, ac-
counts and minutes of the commissioners for loan-
ing the moneys belonging to the United States, and
to certify under their hands, the state in which
they find such moneys, and the result of their
examination. The clerk must forthwith transmit
such certificate, or a certified copy of the same, te
the Comptroller. 1. S. 705, 5th ed.
Or raz Boarp or SvPERVISORS. 85

New towns.] The board having decided to erect a
new town, and having designated the name, the
time and place of holding the first annual town
meeting, and the three electors to preside at such
meeting, it becomes the duty of the clerk to trans-
mit a notice, to be signed by him or the chairman
of the board, to the persons designated to preside
at such meeting, to the end that such notice may
be posted in four of the most public places in the
town, at least fourteen days before holding such
town meeting; which notice must designate the
time and place for holding such meeting. 1 R. S,
850, 5th ed. While the duty of posting such notices
is devolved upon the persons who are designated
to preside at such meeting, yet it is recommended
that the clerk should especially enforce such duty
upon the persons so designated, in order to prevent
any irregularity in the holding of such meeting.

To exchange published proceedings.| It has been
recommended by the Comptroller, that each clerk
of the board should annually transmit to the clerks
of the several other boards throughout the State,
a copy of the published proceedings of his board.
This matter is alluded to in the next section of
this chapter. In order to facilitate the transmis-
sion of these documents, it would be well for the
clerk of each board, before the first day of Septem-
ber in each year, to send his post-office address to
each county clerk throughout the State. By this
arrangement the proceedings would be more cer-
tain to reach their destination.

Town houses.] He is required to furnish certified
copies of all resolutions which may be passed by
86 Or THE BoARD oF SUPERVISORS.

the board, authorizing money to be raised for the
purchase of a site for a town house, and for paying
the expenses of erecting the same. Laws of 1847,
ch. 197.

Collector's warrant.] In preparing the warrants for
the collection of taxes, to be delivered to the col-
lectors of the several towns, the clerk usually pro-
vides himself with printed forms. It would be
well to have printed upon or attached to the war-
rant, the 29th and 30th sections of the act passed
May* 10th, 1845, chapter 180, together with the
amendment of the 29th section, as prescribed by
the Laws of 1847, chap. 482. 1 R. S. 917, 5th ed.
By printing these two sections upon the warrant,
the collector will be less liable to make mistakes
in the discharge of his duty, so far as giving the
notices and performing the other duties required
by the act of 1845.

To send description of seal to county clerk and Secre-
tary of State.) The board of supervisors are now
authorized to adopt a seal, and when so adopted it
becomes the duty of the clerk to cause a descrip-
tion of the same, together with an impression there-
from, to be filed in the office of the county clerk,
and in the office of the Secretary of State; and the
same thereupon becomes the seal of the board of
supervisors of such county. Copies of all papers
‘duly filed in the office of the clerk of the board,
and transcripts from the books of records kept in
his office, certified by him, with the seal of office
affixed, are evidence in all courts and places, the

same as if the originals were produced. 1 R. 8.
854, 5th ed.
Or THE BOARD OF SUPRRVISORS. 87

What papers to be furnished to county treasurer.] The
clerk usually furnishes the county treasurer with
a certified copy of the general abstract. This is
indispensable to the treasurer, in order that he may
discharge his duties correctly with the several per-
sons‘and public officers to whom he is required to
disburse money

It is desirable that he should also furnish the
county treasurer with certified copies of all reso-
lutions passed by the board, appropriating money,
and with certified copies of all county orders made
by the board. This will not only facilitate the
performance of the duties of the treasurer, but will
tend to protect the treasury against frauds. He
should also furnish the county treasurer with cer-
tified copies of the list containing the per diem
allowance of grand and petit jurors.

Credentials of oficers.| Whenever any officer is
chosen or appointed by the board, it becomes the
duty of the clerk to furnish such officer with a
certified copy of the resolution by which he was
appointed.

To keep a journal.| It is recommended that the
journal of the proceedings of the board be kept as
nearly as may be in the form usually adopted in
keeping the journal of legislative proceedings.

Order book.] It is desirable that the clerk should
keep a book to be denominated the “order book,”
in which should be entered a note of all town and
county orders issued. by the board, containing the
names of the persons to whom orders were issued,
the number of the order, and the amount.

Form of orders.] In drawing orders, the practice
88 Or THE BOARD oF SUPERVISORS.

is adopted in many counties to draw them paya-
ble to the order of the person to whom they are
issued, and not to the bearer; making them paya-
ble to the order of the party is the more desirable
form. By adopting that form, the treasury is less
liable to be defrauded by spurious orders; arid in
case an order should be lost, the party to whom it
rightfully belongs will have less inconvenience in
procuring another.

To keep a record.| In addition to the journal above
mentioned, it is desirable that a record be made
of all such proceedings as are required to be pub-
lished. Such record is not only convenient asa
matter of evidence, when any of the proceedings
of the board are required to be proved in court,
but the same is necessary as a matter for future
‘reference.

Indezx.] To facilitate the reference to any of the
records or proceedings of the board, it is recom-
mended that the clerk should keep a book to be
denominated the “ index book,” in which he should
arrange alphabetically the heads of all the subjects
embraced in such records and proceedings. In
preparing the proceedings of the board of supervi-
sors for publication, it is recommended that the
clerk should group together all the acts and reso-
lutions passed by the board, so that they may be
read and examined without the trouble of going
through with the whole of the proceedings, partic-
ularly those resolutions which are designed to have
the force of legislative enactments.

To report to Adjutant General.| He is required to
inform the Adjutant General of the number of per-
Or THe BoArp oF SUPERVISORS. 89

sons enrolled in each county, under the act for the
enrollment of the militia, liable to perform military
duty, on or before the first day of January in each
year. Laws of 1868, ch. 651.

To administer oaths.| The clerk has the same
power as the chairman, to administer oaths to any
_ person concerning any matter submitted to the
board or connected with their powers or duties.
Laws of 1856, ch. 108.

Fees.| He is entitled to receive a reasonable com-
pensation for his services. That compensation
must be fixed by the board and paid by the county,
besides the compensation already mentioned.

Section 3. Mop OF PROCEDURE AS A BOARD.

The several supervisors of the towns having con-
vened for the purpose of forming a board, and hold-
ing their annual meeting, the clerk of the last
board proceeds to call the roll of the names of the
supervisors elect.

Should each town clerk report the name of the
supervisor of his town, as it has been suggested
that he should do, the roll will be called from the
list of such names. The clerk, it seems, may ascer-
tain the names of the supervisors elect, from any.
authentic source. Should the seat of a member of
the board be contested, the certificate of the town
clerk would settle the question, until a committee
of the board should report, and the seat be other-
wise awarded.

A majority appearing constitutes a quorum for
the transaction of business.

The first step ordinarily is to elect a chairman
90 Or THE BoARD OF SUPERVISORS.

pro tem. This may be done by a motion, by any
member elect, who sees fit to make the same,
the person moving at the same time taking the
sense of the meeting by an ordinary viva voce vote.
Some member then should offer a resolution in
‘writing, nominating a chairman of the board. The
chairman pro tem. takes the sense of the meeting
in the ordinary manner, and the person receiving
the greatest number of votes is declared chairman
of the board. The chairman may be elected by
ballot, should that be deemed by a majority the
more satisfactory manner. He holds his office for
that meeting, and for all the subsequent meetings
of the board during the year.

The board next proceeds to elect a clerk, whose
duties are pointed out in the last section; those
duties in other respects will necessarily be referred
to again in this section.

The board being thus organized, before any
other steps are taken, provision should be made
for adopting a code of rules, and orders for the
regulation and government of its proceedings. For
this purpose a member offers a resolution as fol-
lows:

Resolved, That the rules of proceedings as laid
down in the work entitled (here insert the title of the
book), be adopted as the rules for the government
of this body, so far as applicable, until otherwise
ordered; and that the chairman appoint a com-
mittee of three, to report as soon as practicable,
upon a code of standing rules for the -eaverninent
of this board.

The chairman appoints the committee. The
Or THE BoarRD oF SUPERVISORS. 91

next step ordinarily is the appointment of the
standing committees. As this requires some time,
and the business of the board is much facilitated
by selecting the several committees with reference
as much as practicable to their business habits and
occupations, and as the chairman requires a little
time to become acquainted with the members, it is
customary at this stage of the proceedings to ad-
journ for a short time.

The committee on rules, in the meantime, pre-
pare their report, and upon the assembling of the
board at the adjourned hour, report those already
adopted, or such amendments as they deem - proper.

The following rules, taken as far as applicable,
from the manual of the Legislature of 1855, are
recommended as convenient and appropriate stand-
ing rules to be adopted.

RULE 1.

Upon the appearance of a quorum, the chairman
having taken the chair, and the members being
called to order, the minutes of the preceding day
must be read, to the end that any mistakes therein
may be corrected by the board.

RULE 2.

Order of business.| After the minutes are read
and approved, the order of business shall be as fol-
lows:

1. The presentation of petitions.

2. Reports of standing committees.

3. Reports of select committees.

4. Introduction of resolutions, notices, and mo-

tions.
99 OF THE BOARD OF SUPERVISORS.

5. Unfinished business.

6. Special orders of the day.

7. General orders of the day.

RULE 3.

Standing committees.| Standing committees, to con-
sist of three or five members, shall be appointed
by the chairman, unless otherwise ordered by the
board, on the following subjects :

Assessment rolls.

Application to the Legislature.

Coroners and physicians.

Constables and deputy sheriffs.

County clerk and town auditors

District attorney and justices.

Elections.

Erroneous taxation.

Excise.

Equalization of taxes.

Finance.

Loan officers.

Military.

Miscellaneous.

Poor.

Printing.

Roads and bridges.

Sheriffs, jail, etc.

Stationery.*

It shall be the duty of each of the several com-
mittees to inquire intv the matters indicated by

* In those counties where the number of towns is small, a less number of
committees can transact the business. In some counties but five or six
standing committees are appointed ; the several subjects upon which the
board is required to act being referred to select committees, or else the busi-
ness done in the committee of the whole.
Or THE BOARD OF SUPERVISORS. 93

its name, and to report thereon to the board any
resolution that it may deem expedient.
RULE 4.
Priority of business.] All questions relating to the
priority of business, that is, the priority of one
question or subject matter over another under the

same order of business, shall be decided without

debate.
RULE 5.

Chairman to preserve order.] The chairman shall
preserve order and decorum, and decide all ques-
tions of order, which decision shall be final unless
an appeal is taken to the board. On an appeal
from the decision of the chairman, he shall have
the right in his place to assign his reason for his
decision. He shall also have the right to substi-
tute any member to perform the duties of the
chairman, but such substitution shall not extend
_ beyond one day unless by leave of the board.

RULE 6. 7
Vote of chairman.| When the board is equally
divided, including the chairman’s vote, the ques-
tion shall be deemed to be lost.
RULE 7.
Order.| When the chairman is putting a ques-
tion, no member shall walk across or out of the

room.
RULE 8.

Order of speaking.| A member rising to debate, to
give a notice, make a motion or report, or to pre-
sent a petition or other paper, shall address the
chairman, and shall not proceed further until recog-
nized by him.
94 Or THE BOARD OF SUPERVISORS.

RULE 9.
Members entitled to speak.| No member shall speak
more than|twice to the same general question with-
out leave of the board.
RULE 10.

Order and silence.| While a member is speaking,
no member shall entertain any private discourse,
or pass between him and the chair.

RULE 11.

Calls to order.| If any member is speaking, or
otherwise transgressing the rules of the board, the
chairman or any member may call to order, in
which case the member so called to order shall im-
mediately sit down unless permitted to explain.

RULE 12.

Members entitled to vote.] Every member who shall
be present when any question is stated from the
chair, shall vote thereon, unless excused by the
board, or unless he be directly interested in the
question, in which case he shall not be allowed to

vote.
RULE 13.

Manner of presenting petitions.) Every member pre-

vious to presenting a petition or memorial, shall

endorse on the same the subject to which it relates,
and add his name; the clerk hands the same to the
chairman, who shall state the substance thereof,
after which he shall put the question on the dispo-
sition of said petition or memorial.

RULE 14.

Motions and resolutions.) Every motion or resolu-
tion shall be first stated by the chairman, or read
by the clerk before debate, and immediately before
the question is put; and every such motion, except
Or THE Boarp or Supervisors. 95

of the class of motions embraced in rule 18, shall
be reduced to writing if the chairman or any mem-

ber desires it.
RULE 15.

Withdrawal of motin.| After a motion is stated
by the chairman, it shall be deemed to be ‘in the
possession of the house, but may be withdrawn at
any time before a decision or amendment.

RULE 16.

Division of questions.] If the question in debate
contain several distinct propositions, the same
shall be divided by the chair at the request of any
member, to the end that a vote may be taken on
each proposition, but a motion to strike out and
insert shall be deemed indivisible.

RULE 17.

Filling blanks.|. When a blank is to be filled, and
different sums or times are proposed, the question
shall first be put on the largest sum and longest

time.
RULE 18.

Motions when receivable.| When a question is under
debate, no motion shall be entertained, unless for
an adjournment of the board, for the previous ques-
tion, to postpone indefinitely, to postpone to a cer-
tain day, to lay it on the table, to commit it, or to
amend it; these several motions shall have prece-
dence in the order in which they are here stated.

RULE 19. .

A motion to lay a question on the table shall
be decided without amendment or debate, and a
motion to postpone a question indefinitely, or to
adjourn to a day certain, until it is decided, shall
preclude all amendment of the main question.
96 Or tar BoARD OF SUPERVISORS.

RULE 20.

Previous question.] The “ previous question” shall
be as follows: ‘‘ Shall the main question be now
put?” and until it is decided, shall preclude all
amendment and debate. When on taking the pre-
vious question the board shall decide that the main
question shall not now be put, the main question
shall be considered as still remaining under debate.
The main question shall be on the passage of the
resolution or other matter under consideration.*

RULE 21.

Adjournment.| A motion to adjourn the board

shall always be in order and decided without de-

bate.
RULE 22.

Entries on minutes.| In all cases where a resolu-
tion or motion shall be entered on the minutes,
the clerk shall also enter the name of the moving

member.
RULE 23.

Ayes and nays.| If any five members require it
the ayes and nays upon any question shall be taken
and entered upon the minutes.

RULE 24.
Committee of the whole.] In forming a committee

* The previous question, about which there is sometimes so much confu«
sion, is a very simple matter. When a member moves the previous question,
it is equivalent to saying substantially this: I now move, Mr. President (or
Chairman, or Speaker), that you take the sense of this body, whether the
main question shall not now be put. Hence the presiding officer usually
says the previous question is called for; shall the main question be now put?
As many as are in favor of entertaining the motion for the previous question
will please say aye; those opposed will please say no. If the body decides
against the motion, then the main question remains open for debate; if in
favor of the motion for the previous question, then the presiding officer pro-
ceeds to take the vote on the main question, which must be taken without
amendment or debate.
Or THE BoARD or SUPERVISORS. 97%

of the whole board, the chairman shall leave the
chair and shall appoint a chairman to preside.

RULE 25.

Rules for that committee.| The rules of the board
shall be observed in thé committee of the whole,
so far as they may be applicable, except limiting
the number of times of speaking, and except that
the ayes and noes shall not be taken, and except
also that a motion to rise and report progress shall
always be in order, and shall be decided without
debate.*

RULE 26.

Motions to reconsider.] No motion for reconsidera-
tion shall be in order, unless on the same day, or
the day following that on which the decision pro-
posed to be reconsidered took place; nor unless one
of the majority shall move such reconsideration.

A motion for reconsideration being put and lost,
shall not be renewed; nor shall any vote be a
second time reconsidered without unanimous con-
sent. ,

* Rising and reporting progress by a committee of the whole is equivalent
to a motion of adjournment by the body from which the committee is formed,
that being the only mode, until the committee is prepared to report in full,
and thus complete their business, to terminate its session for the day. The
temporary chairman vacates the seat, and the presiding officer resumes the
same. The temporary chairman, turning to the presiding officer, reports:
Mr. President (or Speaker, or Chairman), the committee of the whole, to
which was referred, etc., have had the same under consideration, and not
having gone through with the same, have directed me to report that fact, and
ask leave to sit again. The presiding officer then puts the question on ac-
cepting the report and granting leave to sit again, which must of course be
taken without amendment or debate. If this be decided in the negative, it
discharges the committee, and takes the subject matter away from it. If in
the affirmative, it is referred to them again, at such future time as the body
shall resolve itself again into committee of the whole.

7
98 Or THE BoARD OF SUPERVISORS.

RULE 27.

Altering rules.] A standing rule or order of this
board may be suspended, changed or rescinded,
upon one day’s previous notice being given of the
motion therefor, by a vote of a majority of all the
members elected. Such notice shall in all cases
state specifically the object of the suspension.

RULE 28.

Special orders.| No resolution or other matter
shall be made a special order of the day, for a
particular day, without the assent of two-thirds of
the members present; nor shall more than three
resolutions or other matters be made special orders
for the same day.

RULE 29.

Excuse from voting.| Every member requesting to
be excused from voting, may make a brief and
verbal statemént of the reason for making such
request, and the question shall be taken without
further debate. ;

Should the board adopt the foregoing rules, or
those substantially like them, the chairman would
of course appoint the number of standing commit-
tees prescribed by such rules.

Should it be deemed advisable by the board, for
any cause, to have the chairman appoint the
standing committees before the committee on
rules have reported, he may do so; and in such
ease he will appoint such, and as many standing
committees as the board may direct, or as he may
deem proper, according to the usual practice in the
several counties, and the committee on rules will
Vea

' Or THE BoARD oF SUPERVISORS. 99

‘adapt their report so as to have it conform to the

action of the board.

It has been ascertained that in many of the
older counties, and particularly in those counties
where the proceedings of the board have been char-
acterized by much regularity and uniformity, the
same number of standing committees, with the

‘same designations as are recommended above, have
“been annually appointed, and it is certainly a

matter of considerable importance that the pro-

‘ceedings of the several boards throughout the State

should be as nearly uniform as practicable.

The board being fully organized by the election
of a chairman and clerk, the adoption of rules, and
the appointment of the standing committees, is pre-
pared for the transaction of its ordinary business.

For the purpose of giving the several committees
time to enter upon the business that may come
before them, the board usually adjourns from twelve
to twenty-four hours.

Persons having business to .transact with the
board, should first present it:to the committee
having the subject in charge.

Of auditing accounts.| There is no difficulty in
auditing the accounts of public officers where their
fees are defined and fixed at a definite amount by
statute ; all that is necessary in such cases ia to see
that the claim is in proper form, and that the evi-
dence of the rendition of the service is indisputable.
One great perplexity consists in disposing of those
claims which are addressed to the discretion of the

‘board, and for which no definite compensation is
fixed.
100 Or THE BOARD OF SUPERVISORS.

There are cases where the vigilance, fidelity and
extraordinary efforts of public officers have con-
tributed so much to the good order of society and
the security of property, that it is manifestly just
and proper that such extra labor should meet its
due reward.

While on the one hand such services should be
rewarded in a liberal spirit, yet on the other, too
much care cannot be exercised in guarding the
treasury against the importunities of those who
are prone to deem their public services, however
slightly meritorious, as peculiarly entitled to extra
compensation.

Senator Tracy, in the case of Hatch v. Mann,
15 Wend. 49, in alluding to the practice of public
officers charging extra compensation for their ser-
vices, uses the following forcible and beautiful
language: “If one public officer may be allowed
to receive a compensation beyond what the statute
allows for the act, any other may do the same, and
the time would soon come when officers high in
authority would put their extraordinary efforts in the
market, to be had by the highest bidder. This is
a revolting view of the case, I admit, but it is one
forced on my mind by the case. It carries my
thoughts back to scenes which I trust are never to
be witnessed in this country, when chancellors and
judges made a business transaction of receiving
gratuities from parties for expediting, 7. e., making
extraordinary efforts to dispose of their suits. These
gratuities were not deemed bribes for preventing
justice, but merely compensation for extraordinary.
Or THE BOARD OF SUPERVISORS. or |
eforts beyond what an officer was strictly oun
to make.

“The great Lord Bacon, by the working of
whose mighty mind

‘Darkness fled,
Light shone, and order from disorder sprung,’

secured his eternal epitaph of ‘ wisest, brightest,
meanest of mankind,’ not by contaminating his
fingers with bribes to do injustice, but by receiv-
ing gratuities for making extraordinary efforts to dis-
charge his official duty. It was because he had an
itching palm, and sold his office for gold, that he
was impeached, fined, imprisoned, degraded and
disgraced ; and that genius which like a meridian
sun should have illumined the world, for this prac-
tice of taking extra pay for extraordinary efforts, was
shorn of its beams, and will forever in dim eclipse,
disastrous twilight shed.”

_ Sheriff’s accounts.] The fees of sheriffs are pointed
out in the statute and in the chapter on fees. Those
which come before the board to be audited, usually
consist of his charges for paying temporary guards,
for guarding jails and prisons; for removing prison-
ers during the prevalence of a pestilence, or in the
case of fire; for providing rooms for such prison-
ers; for expenses incurred in the repairing of
county buildings, and in providing for the suste-
nance of those confined in jails and other places of.
confinement; for transporting convicts, and for his
fees in attending courts for the trial of criminals,
and for the service of process in such courts. 18.
8.924, 5th ed.

His accounts should be made out in items, and
102 Or tran BOARD oF SUPERVISORS.

duly verified like all other accounts to be pre-
sented to the board.

Justices’ accounts.| The fees of justices are pointed
out in the Session Laws of 1866, chap. 296, and in
the chapter on fees. The justices in preparing the
items of their account, should give the title of each
cause or proceeding that comes before them for
which they claim compensation from the board,
and immediately following the title, each step
taken should be noted. The account should also
state the offense, and where it was committed.
Unless such place is stated, the committee should
not attempt to audit the account, but should hand
the same back to the party for correction. 1 R.S.
855, 5th ed.

Constables.| The fees of constables are pointed
out in the Laws of 1869, chap. 820, and in the .
chapter on fees.

The committee should require of the constables
‘who present their claims to be audited, that their
accounts beso made out that it will appear in
what place the offense was committed, concerning |
which such constables have rendered service, and
the nature of the offense.

It is indispensable that they should be so pre-
pared, to the end that each town may be charged .
with its proper share of such expenses.

Discretionary allowances to constables.) Where a
subpoena for witnesses in criminal cases, contain-
ing one or more names, is served by a constable, a
or other officer; such officer is entitled to mileage
only for the distance going and returning actually.”
traveled to make such service upon all of the wit- —
Or THE BoARD oF SUPERVISORS. = 103

nesses in such case, and not separate mileage for
each witness. Laws of 1869, ch. 820.

The board may allow such further compensa-
tion for the service of process, and the expense and
trouble attending the same, as they may deem
reasonable. 3 R. S. 1047, 5th ed.

For other services in criminal cases, for which
no compensation is specially provided, such offi-
cers may receive such sum as the board may see
fit to allow. Id. |

A constable is not entitled to fees for traveling
to serve a criminal warrant, unless the service is’
made. x parte Wyles, 1 Denio, 658. The same
rule applies to a sheriff.

But where services have been rendered and
expenses incurred in good faith by a vigilant and
faithful officer in the discharge of his duty, where
no compensation is fixed by law, the board, under -
the provision of the statute above cited, have the
right, and it is a duty usually cheerfully performed,
to make just and equitable allowances for such ser-
vices.

Report of the committee.| The committe having
examined the accounts presented, and allowed such
as they may deem proper, and endorsed on those
allowed, the words “ Audited at $ this day
of 18 ;” and on those not allowed, the word
“Disallowed ;” next prepare their report.

Equalization of taxes.| The committee to whom
is referred the matter of equalizing valuation, will
see in what their duties conistat by referring to
pages 28 and 36.
104 Or THE BOARD OF SUPERVISORS.

Committees to settle with treasurer, judicial officers,
administrative officers, and commissioners of loans.]
These several committees, in order to expedite the
business of the board, should commence their duties
if possible during the first week of the session.

To secure the early attendance of these offictrs
before the board, it is recommended that the clerk
be directed to notify them at least four weeks
before each annual meeting, of the time when
their claims will receive attention.

The other committees will see their duties suffi-
cient]y indicated in section first of this chapter.

Publishing notices.] It is recommended that each
board should pass a resolution defining the time,
during the session, when all accounts which are
designed to go before the board must be presented,
and that they direct the clerk annually to publish
such resolution in the county papers, for at least
six weeks before the annual meeting.

To exchange published proceedings.] It has been re-
commended by the late Comptroller, the Hon. J. M.
Cook, that each board should exchange its publish-
ed proceedings with all the other boards through-
out the State. This very valuable suggestion of
the Comptroller derives importance from the con-
sideratjon that such proceedings in many cases are
clothed with legislative authority. It is respect-
fully suggested whether it would not be well for
the Comptroller to recommend that the pamphlets
containing the proceedings be published sufficiently
uniform with regard to size, that they may be bound
and preserved as a matter of reference.
FEES or OFFICERS. 105

CHAPTER III.

FEES OF OFFICERS.

Assessors’ fees.| One dollar and fifty cents for
each day actually and necessarily devoted to the
service of the town. Laws of 1860, ch. 305. In
cities and some of the villages, the compensation
varies; in some of them they receive a salary.

Clerks of the polls and of the board of registry.] One
dollar and fifty cents for each day actually and
necessarily devoted to the purposes of election. Jd.

Clerk of the commissioner's of excise.] Three dollars
per day for services actually performed while the
board of excise is actually in session.

Commissioners of excise.] Three dollars per day
for services actually performed.

Commissioners of highways.] In any town where
there is but one such officer, the sum of two dol-
lars per day, and in towns where there are more
than one commissioner, one dollar and fifty cents
for each day actually and necessarily spent in the
discharge of his official duties.

Constables.] For serving a warrant, seventy-five
cents; for every mile traveled going and return-
ing, ten cents; for taking a defendant into custody
on a mittimus, twenty-five cents; for every mile
traveled in taking the prisoner to jail, going and
returning, ten cents; for taking charge of a jury
during their deliberations, fifty cents ; for attend-
ing any court pursuant to a notice from the sheriff
106 FEES OF OFFICERS.

for that purpose, two dollars for each day, and five
cents a mile for each mile traveled in going to and
returning from such court. Laws of 1869, ch. 820.
Serving a subpoena, twelve and a half cents for
each witness, and a like mileage as allowed for
serving a warrant. For other services, for which
no compensation is specially provided by law, such
sum as the board of supervisors, may allow. 3 R.
S. 1046.

Coroners.| Their compensation to be fixed, audited.
and allowed by the board of supervisors. 3 R. 8.
1038.

County judge.] ‘Salary to be fixed by the board of
supervisors. Constitution, art. 6, sec. 14.

County treasurer.| Such compensation as shall be
fixed by the boards of supervisors, not exceeding
one-half of one per cent for receiving, and the half
of one per cent for disbursing, and in no case to
exceed the sum of five hundred dollars per annum.
In several of the counties an additional sum is
allowed.

District attorney.] Salary to be fixed by the board |
of supervisors.

Inspectors of elections.] One dollar and fifty cents
a day for each day actually and necessarily devoted
to the duties of the office. Laws of 1860, ch. 305.

Jurors.] A sum not exceeding two dollars per
day to be allowed every grand and petit juror for’
attending the courts of record, by the board of
supervisors, and they may also allow not exceed-
ing five cents a mile in coming to and returning
from such courts. Laws of 1858, ch. 176, and 1866,
ch. 307. ;
FEES oF OFFICERS. 107

Justices.] For administering an oath, ten cents:
a warrant (but no justice of the peace shall be
obliged to issue a warrant on any complaint, unless
the person making such complaint and requiring
such warrant, shall pay the fee therefor), twenty-
five cents; a bond or recognizance, twenty-five
cents; a subpoena, including all names inserted
therein, twenty-five cents; an examination of the
accused, when such examination is required by
law, for each day necessarily spent, one dollar;
every necessary adjournment of the hearing or ex-
amination, twenty-five cents. Laws of 1866, ch.
692.

Court of special sessions.] For a venire, twenty-
five cents; swearing each witness on the trial, ten
cents; swearing a jury, twenty-five cents; swear-
ing a constable to attend a jury, ten cents; a sub-
poena, including all the names inserted therein,
twenty-five cents; for a trial fee, one dollar per
day during the necessary and actual continuance
of the trial; receiving and entering verdict of a

juty, twenty-five cents; entering the sentence of
the court, twenty-five cents; warrant of commit-
ment on sentence, twenty-five cents; for record of
conviction and filing the same, seventy-five cents ;
but all such charges in any one case shall not ex-
ceed five dollars, unless such court continue more
‘than one day; in such case the costs of such addi-
tional day may be added thereto; for return to any
writ of certiorari, to be paid by the county, two
dollars; for services when associated with another
justice of the peace in cases of bastardy, for each
day actually and necessarily spent, two dollars. Id.
108 FEES oF OFFICERS.

For each day actually and necessarily spent in the
service of the town, one dollar and fifty cents,
Laws of 1860, ch. 305.

Overseers of the poor.] One dollar and fifty cents
per day. Id.

Overseer of highways.] If employed more days in
executing his duties than he is assessed to work.
on the highways, one dollar per day. Laws of 1864,
ch. 395.

Printers.] For printing the Session Laws in the
newspapers, a sum not exceeding fifty cents for
each folio. Laws of 1868, ch. 345.

Sheriffs.] For every person committed to prison,
thirty-seven and a half cents; for every prisoner
discharged from prison, thirty-seven and one-half
cents; for summoning a grand jury for a court of
oyer and terminer or general sessions, ten dollars;
for serving a warrant, or performing any other
duty which may be performed by a constable, the
same fees as are allowed by law to a constable for
such service.

Supervisors.] In counties where compensation is
not specially provided for, three dollars per day
for each day’s full service during the sessions of
the board. Laws of 1869, ch. 855. For each day
actually and necessarily spent in the service of the
town, one dollar and fifty cents. Laws of 1860, ch.
305. Eight cents per mile for all necessary travel
in the discharge of his official duties, and three
cents for each name (for making a copy of the
assessment roll of his town, and making out the
tax bill to be delivered to the collector) for the first
hundred names, two cents per name for the second
FRES oF OFFICERS. 109

hundred names, and one cent per name for each
name over two hundred. 1 R. S. 852, 5th ed.

Surrogates.| Such salary as the board of supervi-
sors shall determine.

Town clerk.] One dollar and fifty cents a day for
each day actually and necessarily devoted to the
service of the town in the duties of his office. Laws
of 1860, ch. 305.
110 Boarp or Town AUDITORS.

CHAPTER IV.

BOARD OF TOWN AUDITORS.

Members of the board.] The supervisor, town clerk
and justices of the peace, or any two of the said
justices of the peace, of the several towns in this
State, shall constitute a board of town auditors, for
the purpose of allowing the accounts of all charges
and claims payable by their respective towns. 1 R.
S. 835, 5th ed.

Time of meeting.| The said board of auditors shall
meet for the purpose of auditing and allowing such
accounts, annually, in each town, at the place of
holding the last town meeting, on the last Thurs-
day preceding the annual meeting of the board of
supervisors of the county. Jd. They are also to
meet on the Tuesday preceding the annual town
meeting of the town. Laws of 1863, ch. 172.

Quorum.] When the officers of the board have
met, a majority are sufficient for the transaction
of business and the signing of certificates. People
v. Supervisors of Queens, 1 Hill, 195.

Certain officers to account.]| The commissioner of
highways, and all town officers who receive or dis-
burse moneys belonging to their respective towns,
shall, on the last Tuesday preceding the annual
town meeting of their town, account with the board
of town auditors. Laws of 1863, ch. 172. In those
counties where there are no county poor houses
Boarp or Town Avopirors. 111

established, the overseers of the poor are to report
at the same time. 2 R. S. 851.

Audited accounts.| The accounts when audited are
to be certified and filed with the town clerk, to be
by him produced at the next. town meeting, and
publicly read. Laws of 1863, ch. 172.

_ Town charges.| The following shall be deemed
town charges :

1. The compensation of town officers for services
rendered for the respective towns: .

- 2. The contingent expenses necessarily incurred
for the use and benefit of the town: na
. 3. The moneys authorized to be raised by the
vote of a town meeting, for any town purpose: and

4. Every sum directed by law to be raised for
any town purpose. 1 R. S, 838, 5th ed.

The board of town audit are also to audit claims
tothe owners of any sheep-or lambs, when such
sheep or lambs have been killed by dogs, upon the
presentation of a certificate of such loss from two
fence viewers of the town. Laws of 1864, ch. 197.

The board of town audit may also be convened
in special session, to pass upon accounts for the
extraordinary repair of roads or bridges. Laws of
1865, ch. 442.

Accounts to be verified.| Allaccounts presented are
‘to be verified in the same manner as the accounts |
presented to the board of supervisors, and the board
can require additional evidence as to the truth of
the account, and they may disallow such accounts
as they deem improper.

Accounts not to be audited.| No board of town
auditors in any town shall audit a service bill for
112 BosarRD or Town AUDITORS.

any member of the board, but such bills shall be
audited by the board of supervisors. Laws of 1869,
ch. 858.

Certificate.| The said board shall make a certifi-
cate, to be signed by a majority of said board, spe-
cifying the name of the person in whose name the
account is drawn, the nature of the demand, and
the amount allowed, and shall cause a duplicate of
said certificate to be made, one of which shall be ©
delivered to the town clerk of said town, to be by
him kept on file for the inspection of any of the
inhabitants of the town, and the other shall be
delivered to the supervisor of said town, to be by
him laid before the board of supervisors of his
county at their annual meeting. 1 R. S. 835, dth ed.

Abstract of town accounts.] It shall be the duty of
the boards of town auditors to make annually brief
abstracts of the names of all persons who have pre-
sented to said board accounts to be audited, the
amounts claimed by each of said persons, and the
amounts finally audited by them respectively, and
shall deliver said abstracts to the clerk of the board
of supervisors, and the said clerk shall cause the
same to be printed with the statements required
to be printed by the fourteenth section of the act
of 1847, chap. 455. 1 R. S. 859, 5th ed.
APPENDIX OF FORMS.

 

[ No. 1. ]
CoNsTITUTIONAL OATH.

I do solemnly swear (or affirm, as the case may be) that I will
support the Constitution of the United States, and the Constitution
of the State of New York, and that I will faithfully discharge the

 

duties of the office of according to the best of m
g y
ability.
A. H. 8.
Subscribed and sworn before me,
this day of , 18
‘ S. C.
6
[ No. 2. ]
Form ror Krxpine Supervisor’s Book.
J. K., supervisor of the town of , in account
a .
with said town:
Dr. Cr.
June 19,/To amount received May 10,|By amount paid W.
1869. | from S. J., collec- 1869. | E., _ commissioner
tor of the town...| $159 | 75 of highways...... $100 | 00
July 26,/To amount of fine Oct. 15,|By amount paid to
1869. | collected of X. Y., 1869. | H. &., on judg-
for (state what it ment against the
18 fOr) sevees scons) 20 | 00 TOWN o.scceeveses| 75] 53
&e. &e. &. &o.

 

 

 

 

 

 

 

 
114 APPENDIX.

{ No. 3. ]

CERTIFICATE OF THE TOWN AUDITORS, TO BE ENTERED IN
THE SUPERVISOR'S Book.

County, am

Town of
We, the subscribers, the justices of the peace and town clerk of
the town of ~ , hereby certify that we have examined

the foregoing account of C. D., supervisor of said town; and that
we find the same correct in all respects, and that there appears to

be a balance due at this date of dollars and cents to
the said supervisor, from the said town of » (or, as the
case may be.)
Dated , the day of y 18%

D. E.,

yt Justices of the Peace.

J. K.,

H. D., Town Clerk.

[ No. 4. ]

Surervisor’s CERTIFIOATE, TO AcooMPANY COPIES OF
Entrizs IN TowN CLEBK’s Book.

County,
Town of —

I hereby certify that the within are the copies of entries rela-
tive to moneys voted to be raised in the town of , which
were delivered to me by the town clerk of said town.

Dated ; the day of ,18 .,

C. D., Supervisor.

{ No. 5. ]

Report oF A SurpERvisor oF A TOWN WHERE ALL THE
Poor ARE Nor A County CHARGE.

The supervisor of the town of , in the county of ;
respectfully reports to the clerk of the board of supervisors, as
follows:

The number of paupers supported, or relieved, in the town of

, during the year ending the day of '
18 , as appears from the accounts of the overseers of the poor,
was:
APPENDIX. 415

The whole expense of such support Was......eeesseee. $
Of this sum, there was paid for transportation of paupers,
Allowance made to overseers for their services....

do to justices... .ccessseeeeee bara oe ela ans
do to keepers and officers.......2.2-0.0.
do to physicians for services and medicine,

The actual value of the labor of the paupers maintained was
Estimated amount saved in the expense of their support,
in consequence of their labor, was .....sce.sseeeeee

(Insert any other charges there may be.)

Of the whole number of paupers relieved by the overseers, there
were foreigners ; lunaties;; idiots; and
mutes. The number of paupers under their charge at
the time of auditing their accounts, was 3 of which ‘
were males, and females. The vested poor money of said
town amounts to dollars. The sum raised by tax upon
the town, for the support of the poor for the year preceding this
report, was dollars.

I certify that the foregoing is a correct abstract of the accounts

of the overseers of the poor of the town of , for the year
ending the day of , 18 , as they were settled by
the town auditors.

Dated , the day of , 18

C. D. Supervisor.

[ No. 6. ]
Supervisor’s Bonp.

Know all men by these presents, that we, A. B., C. D. and E.
F., of the town of , county of , are held and
‘firmly bound unto L. M., town clerk of said town, in the penal sum
of dollars, to be paid to the said town clerk, or his suc-
cessor in office: For which payment, well and truly to be made,
we bind ourselves, our heirs, executors and administrators, jointly
and severally, firmly by these presents. Sealed this day of
, in the year of our Lord one thousand eight hundred

and ‘
The condition of this obligation is such, that if the above bounden
116 APPENDIX.

A. B. (who was elected supervisor of said town, on the day
of 18), shall faithfully discharge his duties as such super-
visor, and shall well and truly keep and pay over and account for
all moneys belonging to his town and coming into his hands as
such supervisor, without any fraud or delay, then the preceding
obligation to be void, otherwise to remain in full force and virtue.

Sealed and delivered A.B., [L. 8.]
in presence of C.D. {L.8.]
E.F. [L.8.]

Justification of Sureties.
County, ss.
C. D. and E. F., the sureties above named, being severally
sworn, does each for himself depose and say, that he is a resident
and freeholder (or householder) within this State, and is worth

< dollars, over and above all debts and liabilities, and
exclusive of all property exempt from execution.
Sworn before me, this C. D.
day of 18 i E. F.

M. P., Justice of the Peace.

 

{ No. 7. ]
List oF JURORS.
List of jurors selected from the town of , in the
county of , to serve for three years from the
day of 18
Names. Occupation. Residence.

 

 

 

 

We, the subscribers, the supervisor, town clerk and assessors of
the town of , hereby certify that the preceding is a
APPENDIX. 7

Ds : so : i Cs.
correct list of jurors, selected by us from said town, to serve for

the three years next ensuing.

+ Dated , the day of 18

, Supervisor.
C., Town Clerk.

Hd a

. B.
.F.
. W., > Assessors.
a Ny

=

[ No. 8. ]
List oF GRAND JURORS.

List of grand jurors selected from the town of by
the supervisor of said town:

 

Names. ‘Occupation. Residence.

 

 

 

 

I do hereby certify that the preceding is a correct list of the
grand jurors selected by me, from the qualified inhabitants of the
town of

A. B., Supervisor.

[ No. 9. ]
Notice or AN ELECTION.

County, ss ae
5 ak was

Town of

We, the undersigned, composing the board of town officers of
said town, do hereby give notice, that the ensuing general elec-
tion, at which the following officers are to be elected, viz: (insert
the list of officers contained in the notice of the Secretary of State)
will be held on the day of next, in election
district number one, at the house of W. X., in said district; on
- the same day in election district number two, at the house of H.
118 APPENDIX.

§., in said district; and in ‘election district number three, on the
same day, at the house of P. Q., in said district; and that the poll
of the election will be opened on the day of afore-
said, at (cnsert the time fized upon by the board, or by statute) and
closed at sunset on that day.

Dated , the day of ,18
A. B., Supervisor.
S. C., Town Clerk.
R. F.,
T. W., ) Assessors.
M. N.,
{ No. 10. ]

Division or A New Town 1nTo HiEcrion Districts.
We, the undersigned, composing the board of town officers of

the town of , hereby certify that we have this day

divided said town into election districts, which are bounded

and described as follows, viz: (describe each of the districts.)
Dated , the day of , 18

A. B., Supervisor.
8. C., Town Clerk.

R. F.,
T. W., > Assessors.
M.N.,

[ No. 11. ]

SupEervisor’s NotioE CALLING MEETING To FILL VACANCY
IN THE OFFICE OF INSPECTOR OF ELECTIONS.

To 8. C., Town Clerk (or Justice of the Peace), of the town

of :

You are hereby notified to attend a meeting of the supervisor,
town clerk, and justices of the peace, of the town of ‘
appointed by me to be held at , on the
day of next, for the purpose of filling a vacancy in the
office of inspector of elections, in election district number ;
in said town.

Dated , the day of , 18

Yours, &o.,

A. B., Supervisor.
APPENDIX, 119

[ No. 12. ]
APPOINTMENT OF AN INSPECTOR oF ELECTIONS.
County, } ie
3

Town of
This is to certify that H. G. is appointed inspector of elections,
in and for election district number » in said town of 5

to fill the vacancy occasioned by the death of C. S. (or from any
other cause, as the case may be.)
In witness whereof we have hereunto subscribed our names, this

day of 18
A. B., Supervisor.
8S. C., Town Clerk.
R. F., )
T. W., > Assessors.
M.N.,
[ No. 13. ]

ALTERATION oF ELEctTIon Districts.

We, the undersigned, composing the board of town officers of
the town of , hereby certify that we have this day altered
the election districts in said town; and that the districts as now
constituted are bounded. as follows:

Election district number one is bounded (insert a clear and pre-
cise description of the boundaries.),

Election district number two is bounded, &c. (give the bounda-
ries.)

Election district number three, comprises the remaining terri-
tory in said town not included in either of the above described
districts, and is bounded, (describe the boundaries.)

Dated , the day of 18

A. B., Supervisor.
8. C., Town Clerk.
RB. F.,
T. W., Assessors.
M.N.,
120 APPENDIX.

[ No. 14. ]
CoLLEecToR’s WARRANT.
Srate or New York,

County,
The people of the State of New York, to
Collector of the town of , in said county, greeting:

You are hereby commanded to receive and collect from the
several persons named in the assessment roll hereunto annexed
and herewith delivered to you, the several sums mentioned in the
last columns thereof opposife to their respective names. And on
all sums of taxes received or collected within thirty days after
giving the notices required by the twenty-ninth section of the act
of May 10, 1845, chap 180, you are directed to receive and col-
lect in addition to the taxes named in said assessment roll, one
cent on every dollar of tax, and one cent on every sum less than
one dollar of tax, for your fees for collecting the same. And on
all sums of taxes remaining unpaid after the expiration of thirty
days from the posting of the notices specified in said act, you are
directed to receive and collect in addition to the said tax so remain-
ing unpaid, five cents on every dollar for your fees for collecting
the same. And you are hereby directed, out of the moneys so

collected, to pay on or before the day of next,

$ 1, To the commissioners of highways of said town, the
sum of dollars and . cents, levied and assessed on
said town for the support of highways and bridges.

$ 2. To the commissioners of highways of said town, the
sum of dollars and cents, for and on account of
non-resident highway labor, levied and assessed on said town.

$ 3. To the overseers of the poor of said town, the sum
of dollars and cents, for moneys levied and as-
sessed on said town for the support of the town poor.

$ 4. To the supervisor of said town, the sum of
dollars and cents, for town charges assessed on said town.

$ 5. To the treasurer of said county, the sum of
dollars and cents, for and on account of school taxes assessed
on said town.

$ 6. To the treasurer of said county, the sum of
dollars and cents, for and on account of a State tax levied

on said town.
APPENDIX. 121

$ 7. To the treasurer of said county, the sum of
dollars and cents, for the support of the town poor at the
poor house establishment of said county.

$ 8. To the treasurer of said county, the sum of
dollars and cents, for and on account of the military tax
levied on said roll. ‘

$ 9. To the treasurer of said county, the sum of
dollars and cents, being the remainder of the moneys so
to be collected.

You will proceed as directed by the 29th and 30th sections of

‘the act, entitled ‘An act to reduce the number of the town officers
and town and county expenses, and to prevent abuses in auditing
town and county accounts,”’ passed May 10, 1845.

And in case any person named in said assessment roll shall neg-
lect or refuse to pay his taxes or the fees for collecting the same
(after giving the notices and waiting the time specified in said act),
you are hereby authorized to levy and collect the said taxes and
fees as aforesaid, by distress and sale of the goods and chattels of
such person, together with the costs and charges of such distress
and sale; and for so doing this shall be your sufficient warrant.

Given under the hands and seals of the undersigned, the board

of supervisors county, at , the day of ;

in the year of our Lord one thousand eight hundred and
[L. 8.] [L. 8.]
[L. 8.] [L. 8.]
[L. 8.] [L. 8.]
[L. 8.] [L. 8.]
[L. 8.] [L. 8.]
[L. 8.] [L. 8.]
[L. 8.] [L. 8.]
(L. 8.] [L. 8.]

[L. 8.] [L. 8.]
APPENDIX.

’

122

 

 

 

 

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123

APPENDIX.

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*PoMOT[S
qunoms [8,0],

APPENDIX.

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sopra 10d
00°E$ 98 CouupUE47e

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~ L 2t ‘on 1

 
[ No. 18. ]
Equalization table.

APPENDIX.

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978480 [euosied pus
1801 Jo onjva yozoy,

125

 

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JO woNen[eA ,f1ossessy

 

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Totals ..00ccce sccncccs cove eece sees

 

 
126

[ No. 19. ]
Statistical table.

APPENDIX,

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[ No. 20. }
General abstract or statéstical table.

APPENDIX

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-198 APPENDIX.

[ No. 21. }
Report to CoMpTROLLER CONCERNING COMMISSIONERS OF
Loans.
The board of supervisors of the county of hereby

certify and report to the Comptroller, pursuant to the require-
ments of section 51, of the act authorizing a loan of certain mon-
eys, chapter 150 of the laws of 1837.

That the commissioners for,loaning certain moneys of the United
States for this county, in obedience to the requirements of the 50th
section of said act, have submitted to said board all the mortgages
and other securities taken by them or their predecessors in office,
for moneys loaned, together with their books of accounts, minutes
and vouchers.

That the said board, as required by said act, have carefully
examined all such mortgages and securities, accounts and minutes
so exhibited to them, and find that the moneys on loan in said
county are well and amply secured by the various mortgages in
the hands of said commissioners (or if such is not the fact, state
the matter as the case may be.)

That the mortgages taken by the commissioners since the date
of our last report, for moneys paid in and re-loaned, are in
number, and are executed on the mortgage book (No. ) by the
parties thereto, and are numbered, and for the amounts as follows:
Mortgage No , James Jackson, Fulton, $1,000, making in the
aggregate the sum of $

That the same are amply secured, and the accounts and minutes
of the commissioners in reference thereto are kept as required by
such. act.

That we have not given to said commissioners any instructions
as to taking additional security from the borrowers for loans made,
as the security taken by the said commissioners on making said
loans is deemed ample and sufficient. All of which is respectfully
submitted.

Given under our hands, this day of 18.
APPENDIX. 129

[ No. 22. ]

Form oF CERTIFICATE TO BE ANNEXED TO THE PUBLISHED
PROCEEDINGS OF THE BoARD OF SUPERVISORS BY THEIR
CLERK.

County of ;
Supervisor’s Office, § **
Thereby certify that the foregoing is a true and correct record
of all the acts and resolutions passed, and the proceedings had by

the board of supervisors of the county of , at their
annual meeting held in the of , in said county,
in November, 18 , so fir as the same are required by law to be
published.
J. M., Clerk of the board
of supervisors of county.
Dated , 18
[ No. 23. ]
Form or THE Report oF A COMMITTEE TO THE BoarD oF
SUPERVISORS.

peste, “The committee, to whom was referred the duty of auditing
sheriffs’ and jailors’ accounts, respectfully present the following
report:
_ [Here insert the substance of the report, and is usually accom-
panied by such resolutions as the committee deem proper to offer.
The same form may be used by any other committee, by substitut-

ing the name of the committee.]
A.B.,

7
., + Committee.
*“y

HoH
Sg

”?

[ No. 24. J

Report or CoMMITTEE TO THE BoARD RELATING TO CoM-
MISSIONERS OF LOANS. 4
The committee to whom was referred the books, vouchers and
minutes of the commissioners of loans of the county of ;
respectfully submit the following report :
That the books of mortgages and securities held by the said
commissioners for moneys loaned, together with their books of

9
130 APPENDIX.

accounts, minutes and vouchers, have been duly presented, and
the committee have been attended by Esq. and
Esq., commissioners.

The committee have duly examined the said books, vouchers,
and papers, and inquired into the safety and sufficiency of the secu-
rities taken for the moneys loaned. That the securities taken are,
in the judgment of your committee, ample and sufficient for the
loans made, and the mortgages and securities, accounts and min-
utes of the said commissioners are in suitable and proper order as
required by the act authorizing said loans.

The committee therefore recommend the adoption of the report
and certificate to the Comptroller, herewith submitted.

Dated, , 18

By order of the committee,
H. D., Chairman.

[Should the committee find any defect in the proceedings or
securities, they will vary their report accordingly. ]

[ No. 25. ]
Form or WARRANT APPOINTING SUPERVISOR.

To whom these presents shall come, greeting: It having been
satisfactorily shown to the subscribers, three justices of the peace
of the town of , in the county of , that
there is a vacancy in the office of supervisor for said town: Now,
therefore, by virtue of the power vested in us by law, we hereby
appoint R. H., supervisor for said town, to hold said office until
such time as a successor may be elected or appointed for said office,
and this shall be the warrant of said R. H.

Given under our hands and seals, at this day
of 18
A.B. [L. 8.]
C.D. [L. 8.] > Justices of the Peace.
E.F. (L.8.]

[The same form may be used for the appointment of any other
town officer which they have authority to appoint, by substituting
the name of the officer and title of office in the place of the word
supervisor.
APPENDIX. 131

[ No. 26. ]
SUPERVIsoR’ 8 Bonp ror Scuoou Moneys.
Know all men by these presents, that we, G. H., A. F. and E.

B., of the town of , in the county of , are
held and firmly bound unto J. W., Esq., treasurer of said county,
in the penal sum of dollars (insert double the whole

amount of school money received during the preceding year), to be
paid to the said J. W., or his successor in office ; to which pay-
ment, well and truly to be made, we bind ourselves, our heirs,
executors and administrators, jointly and severally, firmly by these
presents. Sealed with our seals, and dated this day
of +. 18

The condition of this obligation is such, that whereas the above
bounden G. H. has been elected town supervisor for the aforesaid
town of : Now, therefore, if the said G. H. shall
. faithfully and legally apply and disburse all school moneys which
shall be received by him during his continuance in office as such
supervisor, and shall faithfully discharge all the duties of said
office, then this obligation to be void, otherwise to remain in full
force.

 

Signed, sealed and delivered G.H., [L. 8.]

in presence of A. F., [L. 8.]

O. P. E.B., [U. 8.]
é

| No. 27. ]
AssEssMENT ROLu.
Assessment roll of the town of in the county of
_ (or of the ward, in the city of ’
and county of }) for the year 18

Number of |Value of real] Value of eben
Names of the taxable acres of property. personal and personal

inhabitants. land. property. property.

 

 

 

 

 

 

 
132 APPENDIX.

 

 

Lands of Non-residents.
Description of tract. No. of acres of land. Valuation.
Lot No. of township No,

or a parcel of land bounded as fol
lows: (here insert the description,
with all the minuteness of a deed.*)

 

 

 

Dated the day of , 18

wou.

7 Gs
. S.,> Assessors.
As,

[ No, 28. ]
Bonp or INstRUMENT IN WRITING, TO BE GIVEN BY A
CoNsTABLE AND HIS SURETIES.

A. B., chosen a constable of the town of in the
county of and C. D. and E. F., as sureties, do hereby
jointly and severally agree to pay to each and every person who
may be entitled thereto, all such sums of money as the said con-
stable may become liable to pay, on account of any execution which
shall be delivered to him for collection.

Dated the day of 18.
A. B.
Cc. D.
E.F.
Executed in the presence of L. M., supervisor of (or
of N. O., town clerk of ).

I approve of the sureties named in the within instrument.
Dated the day of 18
L. M., Supervisor
(or N. O., Town Clerk).
[This certificate of approval should be endorsed on the bond
before filing it in the town clerk’s office.]

* It is for the want of this description that a vast amount of trouble is
made to the Comptroller, county treasurer, and boards of supervisors; be-

sides, a large amount of non-resident land escapes its proper share of taxa-
tion.
APPENDIX, 133

[ No. 29. ]
CoLLector’s Bonn.

Know all men by these presents, that we, A. B., C. D. and H.
G., of , in the county of , are held and
firmly bound unto E. F., supervisor of the town aforesaid, in the
penal sum of (insert double the amount of taxes named in the col-
lector’s warrant) dollars, to be paid to the said E. F., or to his
certain attorney, or successor in office; to which payment we bind
ourselves, our heirs, executors and administrators, jointly and sey-
erally, firmly by these presents. Sealed with our seals, and dated

this day of 18
The condition of this obligation is such, that whereas the said
A. B., as collector of the town of , has this day re-

ceived the assessment roll of said town, for the purpose of collect-

ing the taxes therein named, the total amount of which being
dollars: Now, therefore, if the said A. B. shall faithfully

execute the duties of collector, then this obligation is to be void,

otherwise of force. A.B., [L. 8.]
C.D., [L.8.]
Sealed and delivered H.G., [b. 8.]

in presence of

[ No. 30. ]
Bonp or SUPERINTENDENTS OF THE Poor.

Know all men by these presents, that we, C. D., H. F. and G.
H., of , are held and firmly bound unto the supervi-
sors of the county of , in the penal sum of
dollars, lawful money of the United States of America, to be paid
to the said supervisors, or their successors ; for which payment,
well and truly to be made, we bind ourselves, our heirs, executors
and administrators, jointly and severally, firmly by these presents.
Sealed with our seals, dated the day of 18

"The condition of this obligation is as follows: Whereas the said
C. D. has been elected superintendent of the poor for the county
of , and his term of office will commence on the
day of , 18 : Now, therefore, if the said ©. D. shall
faithfully execute the duties of his office, and shall pay according
to law all moneys that shall come into his hands as superintendent

_ of the poor, and render a just and true account thereof to the board
134 APPENDIX,

of supervisors of the county of , then the above obli-
gation to be void, otherwise to remain in full force and virtue.
C.D.,  [L. 8.]
Sealed and delivered E.F., [L.8.]
in presence of G.H., [L.8.]

I hereby certify that the above bond and the sureties therein
were duly approved by the board of supervisors this day
of 18

E. S. P., Clerk
of the Board of Supervisors.
{ No. 31. ]

CERTIFICATE oF CANVASS OF VOTES FOR ELECTORS OF
PRESIDENT AND VICE PRESIDENT.

We, the undersigned, composing the board of inspectors of elec-
tion in and for the election district of the town of 7
(or of the ward of the city of ) in the county of

. do certify that the following is a correct statement
of the votes given for electors of president and vice president, at
a general election held in said district on the day of Novem-
ber, one thousand eight hundred and , Viz:

That the whole number of votes given in said district for the
office of electors of president and vice president was eighteen thou-
sand five hundred and forty; of which J. D. received five hundred
and fifteen; P. B. received five hundred and forty, &e.

Dated 18
a Inspectors of
L. R., Electi
M. N., ECL2Z072.

[ No. 32. ]
CERTIFICATE OF CANVASS FOR GOVERNOR.

We, the board of inspectors of election. in and for the
election district of the town of (or of the ward
of the city of ) in the county of , do certify
that the following is a correct statement of the result of a general
election held in said district, on the _ day of November,
one thousand eight hundred and , Viz:

That the whole number of votes given for the office of governor
APPENDIX 135

was four hundred and fifty ; of which J. D. received two hundred
and ten; B. T. received one hundred and twenty; I. J. received
ninety; C. P. received seventeen; A. D. received eleven; P. H.
received one, and J. G. received one.

Dated , in the year 18

Inspectors of

As,
. °( Election.

moh

[ No. 33. ]

CERTIFICATE OF CANVASS OF VOTES FOR JUDICIAL
OFFICERS.

We, the undersigned, composing the board of inspectors of elec-
tion in and for the election district of the town of
(or of the ward of the city of ) in the county
of , do certify that the following is a correct state-
ment of the result of a general election held in said district on the

day of November, one thousand eight hundred and -
(or at the election held in said district on the seventh day of June,
one thousand eight hundred and ) viz:

That. the whole number of votes given in the said district for
the office of judge of the court of appeals, was six thousand and
forty-four ; of which L. M. received eight hundred and twenty-
two; J. S. received eight hundred and thirty, (&c., ¢-c., proceed-
ing through the whole list of officers and names voted for.)

That the number of votes given in said district for the office of
justice of the supreme court, was six thousand and thirty-five ; of
which W. D. received nine hundred and fifty-three ; N. F. received
nine hundred and forty-two, (&c., as before.)

Dated , in the year 18
A. B.,
C. D., > Inspectors.
E. T.,
[ No. 34. ]

STATEMENT BY THE Boarp oF CouNTY CANVASSERS.

Statement in relation to governor, lieutenant governor, judges of
the court of appeals, justices of the supreme court, clerk of the
court of appeals, secretary of State, comptroller, treasurer, attor-
ney general, State engineer and surveyor, canal commissioners,
136 APPENDIX.

inspectors of State prisons, senators, and representatives in con-

gress:
The board of county canvassers of the county of having
met at the office of the clerk of said county, on the day of

November, 18 , to canvass and estimate the votes given in the
several election districts of said county, at the general election,
held on the day of , in the year aforesaid, do
certify as follows, to wit: That it appears, on such estimate and
canvass, that the whole number of votes given for governor was
fifteen thousand one hundred and ten: of which P. D. received
seven thousand and one; A. R. received six thousand and twelve;
J. D. received one thousand two hundred and seventeen, and J.
F. received eight hundred and seventy-two votes:

That the whole number of votes given for lieutenant governor
was fifteen thousand; of which, (¢-c., as before.)

That the whole number of votes given for senator (or senators,
as the case may be) was, &e.:

[If more than one judge of the court of appeals, justice of the
supreme court, canal commissioner, or inspector of State prisons is
to be elected, give the number of years assigned to each candidate,
as contained in the aggregate of the canvass of the several election
districts. |

That the whole number of votes given for canal commissioner
(or canal commissioners, as the case may be) was, &c. :
That the whole number of votes given for a representative in
congress was, &c.
Dated the day of in the year 18
A. B., Chairman.
C. D., Clerk of County and Secretary.

[ No. 35. ]
STATEMENT IN RELATION TO County OFFICERS.

The statement may be in the same form as the preceding, vary-
ing only as to the description of officers in the caption or heading,
and then proceed as follows :

That the whole number of votes given for county judge was, &c.

That the whole number of votes given for district attorney, &c.
APPENDIX. 137

That the whole number of votes given for sheriff, &c.
That the whole number of votes given for county clerk, &c.
That the whole number of votes given for coroners, &c.

[And in the city of New York]
That the whole number of votes given for register, &c.

[ No. 36. ]
CERTIFICATE OF THE ELECTION oF County OFFICERS.

The board of county canvassers of the county of having
canvassed and estimated the votes given in the several election
districts of the said county, at a general election, held on the
day of ,18 , do hereby certify, determine and declare,
that J. D., by the greatest number of votes, was duly elected
county judge of said county :

That P. Q., by the greatest number of votes, was duly elected
district attorney of said county :

That A. 8., by the greatest number of votes, was duly elected
sheriff of said county:

That A. W., by the greatest number of votes, was duly elected
county clerk of said county :

And that N. F., R. M. and E. R., by the greatest number of
votes, were duly elected coroners of the said county.

Dated the day of , in the year 18

A. B., Chairman.
C. D., County Clerk and Secretary.

[ No. 87. ]

SraTeMENT BY BoarD oF CouNnTY CANVASSERS, IN RELA-
TICN TO MEMBERS OF ASSEMBLY.

The board of county canvassers of the county of having
met at the office of the clerk of said county, on the day of
, 18  , to canvass and estimate the votes given in the
‘ several election districts in each of the assembly districts of said
county, at the general election held on the day of
in the year aforesaid, do certify as follows, to wit:
That it appears, on such estimate and canvass, that the whole
number of votes given for member of assembly in the first assem-

?
138 APPENDIX.

bly district of said county, was nine thousand four hundred and
fifty ; of which W. S. received four thousand and eight hundred ;
E. F. received four thousand four hundred and fifty; and J. D.
received two hundred votes.

That the whole number of votes given for member of assembly
in the second assembly: district of said county, was nine thousand
and fifteen; of which P. N. received five thousand and ten; G. P.
received four thousand; J. T. received three, and R. H. received
two votes.

[Proceed in this manner with the subsequent districts in the
county, where there may be more than two, until the result in each
assembly district is given. Where the county does not elect but one
member of assembly, the statement will be varied to conform to the

fact.) ;

[ No. 38. ]
CERTIFICATE OF THE ELECTION OF MEMBERS OF ASSEMBLY.

The board of county canvassers of the county of having
canvassed and estimated the votes given in the several election
districts in each of the assembly districts of the said county, at a
general election held on the day of 18 , do
hereby certify, determine and declare, that J. S., by the greatest
number of votes, was duly elected member of assembly, in and for
the first assembly district in said county.

That C. D., by the greatest number of votes, was duly elected
member of assembly in and for the second assembly district in
said county.

Dated the day of 18

A. B., Chairman.
C..D., County Clerk and Secretary.

[ No. 39. ]
APPOINTMENT OF INSPECTORS To SUPPLY VACANCIES.

A. B. is hereby appointed inspector of elections in and for dis-
trict No. 1, in the town of to supply the vacancy
occasioned by the omission to elect or appoint (or occasioned by
the death, removal, or inability to serve, as the case may be,) of
C. D., and E. F. is hereby appointed inspector of election in and
APPENDIX. 189

for district No. 2, in said town, to supply the vacancy occasioned,
&e.
Given under our hands this day of 18.
D. E., Supervisor.
R. 0O., Town Clerk.

Justices of
the Peace.

wr

Tee
i
R.,

[ No. 40. ]
Bonp or Commissioner oF H1GHWAYs.

Know all men by these presents, that we, A. B., C. D. and E.
F., of , are held and firmly bound unto G. H., super-
visor of the town of , in the penal sum of one thousand
dollars, to be paid to the said supervisor, or his successor in office.
For which payment, well and truly to be made, we bind ourselves
and our heirs, executors, and administrators, jointly and severally,
firmly by these presents.

" Sealed with our seals, and dated the day of »in
the year of our Lord one thousand eight hundred and

The condition of this obligation is such, that if the above boun-
den, A. B., who has been elected commissioner of highways of the
town of , in the county of , shall faithfully
discharge his duties as such commissioner, and, within ten days
after the expiration of his term of office, pay over to his successor
or successors all moneys which may be remaining in his hands as
such commissioner, and faithfully and truly account to such suc-
cessor for all moneys received and paid out by him as such com-
missioner, without fraud or delay, then the preceding obligation to
be void otherwise to remain in full force and virtue.

Sealed and delivered ;
in presence of

[ No. 41. ]
SECURITY OF A JUSTICE OF THE PEACE.

We, A. B., elected or appointed a justice of the peace for the
town of , county of ,and ©. D. and E,
F., of said town, do hereby jointly and severally undertake that
the said A. B. will pay over, on demand, all moneys received by
140 APPENDIX.

him, in virtue of his office, to the person or persons entitled to the
same.

Witness our hands and seals this day of , 18
A. B. [L. 8.]
Cc. D. [L. 8.]
E. F. [L. 8.]
[ No. 42. ]
APPROVAL TO BE ENDORSED BY SUPERVISOR on A SEcuRITY
oR Bonp.

I hereby approve of the form and sufficiency of the within secu-

rity (or pene é H.-S
. H., Supervisor.

[ No. 43. ]
APPOINTMENT OF A TrusTEE oF A ScHooL District.
It appearing to me that there is a vacancy in the office of trustee
of school district No. 5, in the town of , by the death
or resignation of H. S., I do hereby appoint L. M. trusteee of

said district, in accordance with the provisions of the statute.
18. B. B., Supervisor.

[ No. 44. ]
~ConsENT TO A RENEWAL OF WARRANT FOR SoHOOL Tax.

I hereby consent that the within warrant for the collection of
the school tax therein named be further renewed.
18 . B. B., Supervisor.

of town of
INDEX.

A.
PAGE.
ABANDONED highways repaired.......scccoccssscceveeescscsessereres 63
ABSTRACT of accounts, form Of ......scceccsspecscesecsnceerescesccses 122
of town accounts, form Of.see .ceeoe cee «. 123
General, form Of ..secccecccneecccocseecccccsssecsevccccvess Lae
of town claims, supervisor to Mako ...sccccesvecessccccecses IL
General, contains what ......sccseccscesccecccsecsecscceces 83
to be sent to county treasurer ....scssesenecseveses 84
ACCOUNTS, supervisor must keep ....ccscsece cess cvevcecevssnsece 4
may be sworn to before chairman ... Srrerrrerer ey 25
to be put in boxes.....scees coves peeceteeevcccccesee OO
how and when audited.....+esseeee
how Verified ....scecsseccsccesecoes

 

 
    
       

see anecceerrescccee 59

vevaeecccsensececes 59

 
 

Of coroner, how audited. ....cecececsecerccccesaccceecccese TT

entries of, to be Made .....0 veevee savcecacccasacecencs

Vote on, to be recorded oo... cece cocce cece ccescecess covsees 79.

to be filed and kept ..+e.csccceveseeuee

to be published by clerk .....2scessrcccecseccccessccese of Sl

allowance of, to be endorsed secsssscccseccsercccssuscrecce 19

fees for furnishing copy Of...c.0s cessessecssecccesccecssees TD

names of persons presenting, to be printed..coresseeseseess 82

not to be withdrawn ..ssccescceeccne secre cececeesvaseress 56
committees not audit, When..ccsevscescscsseeusccecnsecses 60
report of committee on..eeseeessssone

of treasurer ag to poor ...... seee see soncceseeercncscee 65

of superintendents ag to poor.....csercececeecscseeceasacee 65

to be laid before supervisors...++.....005 66

abstract of, form of. ...... cesccecsecce ccstsececscccssecess 122

of town abstract of, form of ..sccse sreneeccen cassecesesese 123

to be published .... ccc sscscvce cece cece sessevssccesccceee SL

ACTIONS, by supervisors of towns... ......c0+ecee
OF COUNTY cecccsccccnerccccereccessscccereesos 27

: NOt to Bbate, Whetessissedesceewivecesecsivessnnieenteveanees 2S
ADJUTANT GENERAL, clerk to report to ..sccccocsceccsccvecsscncess 88
AGGREGATE VALUATIONS to be sent to Comptrollor..++ seecsesecees 29
ALLOWANCE to supervisors. ..ccue secees cencuscccccccssvccccssess 50, 108
of account, compelled how .esccssccsccessccevesseccesese AD

  

sccceccceesce oe 79

 
  
  

ceresccecsccsces LOS

   

seecevacrcccccscres 2B
142 INDEX.

PAGE.

ANNUAL MEETING of supervisors ..see0 cavecccces eens reccee conse cree
ANNUAL town meatings, how fixed .... see cceecscces coneuseces coneee
APPOINTMENT of inepectors, form of .....- seeese voneceee

notice of, form of......e0. aoe veces

  
  

Of SUPCTVISOT eevee cura cscees socn cease cous soneeress

APPROVAL endorsed on a bond, form of ...... .cee essseneccceee cocaee
ASSEMBLY, member of, certificate of election, form of....esseseseseses
statement as to election of, form of ....+. ..see6

ASSESSMENT, error in....sessccee vesecnenccenenceseeresseneescsvenes
ASSESSMENTS, equalization of ......cesccoeseecccecccccsoeccccsseeete
ASSESSMENT ROLL, supervisor to examine... sssocseccccaccteccecces
Form Of ..00 esos cosccnveveen

pay for copying....e+sssesces

ASSESSORS, meeting to be called .....6 ssscee cence
defaulting, to be reported ..cesesecreeccccerse avec sensees

ASYLUM for insane....cceecest cove ssccccescesesees eee sseessnece ncene
AUDIT of county accounts. ....secseerececcee reste nec eeee ences ceenes
Of SUPEFVISOTS? ACCOUNES. eeree aver aveescesscceee rene arereserece
AUDITORS of the town, who are, and time of meeting «0.0.5 sesessecsens
what accounts to audit ...... cecceesecces veeneces os ceee

what officers account to....
Certificate Of .....+ ccsscscascceccesves

   
  
   

os

Dee ee eren cece evens

ee eee wav ece teeseee

   
       

B.

BLIND, provision for ..cceosceccvcre cess ccccce vesnse cansee scevcese scene
BOARD of county{canvassers (see County Canvassers) . .++. secesccesere
BOARD of supervisors (see Supervisors, board Of )..ceoecesese ves
BOARD OF SUPERVISORS, proceed, how ...sesssecssecccsenscerssscces
TUles Of ..ccee cece cscncncnncee:seecses sean

quorum Of ...0.0 ceeene ce

BOND of constable, supervisor approves....
of collector, supervisor APPLrOVes. .ovece cece severe cevecvevseeevers

of commissioner of highways, supervisor Approved ...0 seers senece

Of Overseer, SUPETVISOL APPFOVES. sees .eceace.cesecseecees

of justice, supervizor Approves. ...ececces veccvaccsn sees sees onucce

 

  

 

Of SUPET VIGO ssesis sees sess ssicds Chose sewsineweseed Ko sesw sass wens

of superintendent of the poor, form Of ....eccecess cesecceeseeeees

of commissioner of highways, form Of ..sessescsceececcsrascsecece
approval endorsed on, form Of ..c.cseesceece

Of supervisor, form Of. ....+. ccacccescrec cece seeeseseccesseeencs
justification of sureties, form Of ...+0.sececese core

for school moneys, form of..+.....-

of collector, form Of.....+0veeceevecees coves
BOOKS to be delivered to successor... oes. cceeeccceccon ses cecesecesece
BOOK of supervisor, form of .......sscccceccsecscccccancscesecsesecens
Certificate for....escseeserece coseccvees ereecsveces

BORROWING money for the county ....ce ececce seconccevcessscessceces
for the tow ..cecccsccccee cece sscses cece vss veces

 
 

  
  

24
47
119
118
2
140
138
137
29
35
28
131
26
32
34
76
59
25
110
110
110
112

51
66
24
89
91
25

wooawoewonr

133
139
140
115
116
131
133

22
11s
114

47

47
INDEX. 143

PAGE.

BOXES for ncaa unt aia’ se cisieivw vane alia waves season eibicesgelnie Saws wetsaiel sien
BRIDGES, levy of money for...... e Sieve bier acginisiaraie sisi we ersinin ‘eis aisles, aieiajsieinne

Supervisor's report ON cose .ceece cocces cost ccencncees ceseaces
BUILDINGS for county, erection of -..ccceceveccceccesseceseascces ATs

C.

CALENDARS of courts to be printed .....ssccceeccenscesev cee sesesens
CANVASS for president, form of certificate of......+ see: bj disvelauahe ie omietaretala
forfgovernor, form of certificate of ......+ iissath cele reisrciabeie race) oeaee

form of statement Of ....0csecee conver voce cence

for judicial officers, form of Certificate Of ccs secre sesees veees

for county officers, form of statement Of.....+ ceeees cesses voce

CELLS, solitary 1.0... ccccee cence cnee renee.
CERTIFICATE of town audit conclusive...
in town clerk’s book, Money doe acaba esses

of supervisor’s oath to be filed .....essecee cence sosceses

to town charges .ocesscscacerccnaccn sees navesreeerscer®

of clerk as to loan commissioners ....+. .sseseeroeenesers
CHAIRMAN of supervisors......cccesescceccee cecctececuaeecoescerees
temporary, WHEN ...sse. cece recess casene coencees

may administer oath...... ‘ euawvee

to sign resolutions...occcecseeseseees

CHARGES, contingent, what are .... ..scc cece cone cree scccen sone ceceee
Of counsel ......sece rece cere covcce cece renees seve ceseee cons
CHILDREN, idle and truant.......0 ccc csucseeeccccvsncce coon ensesscs
CLAIMANTS, names of, to be published .... cece cevecccececseeccuees
CLERICAL errors, may be corrected ...-..s0+ secsustsosceesceacescers
CLERKS defaulting to be reported. .seeceseeres seen cccncceveeesnsencees
of the polls, fees of. ..., ..sccs cecececccnen sett ovcc suse cnee anne

CLERK of supervisors to be appointed «sess sccceescceercencee eens neess
to sign resolutions .....cceccccesee scenes sone sereccssereesncees

of exciso board, fees Of ...... cre se cecnee seen eects cent rene eees

of the board of supervisors, to record proceedings of the board....

to make entries of resolutions...... sceseeseserecces

to record vote of each supervisor ..cececoccessecetes

to preserve and file accounts... secccssessencserene

office to be depository of books and records of the board

to deliver certified copies of accounts....cseseseeeee

to deliver abstracts to county superintendents.......

penalty for neglect...+++ ww... ere ee

to send aggregate valuation of wait estate to Comp-

troller ..ccee cece cvccee cscs ccnccccoer sous secs

penalty for neglect...... ee meen cent eenect eens ones

to publish names of persons who present claims.....-

form of this statement oeeesccecces seen cescccce cere

to publish proceedings in regard to equalization.....

to publish abstract of town accounts.....seres eeevee

to publish supervisors’ accounts 1... eseseecsscer cece

   
 

  
  
   

 

Oe pee see vevenenere

 
  

  

  
 

39
60
1g
49

38
134
134
137
135
136

50

27
114

112
84
25
25
25
49
41
43
55
81
64
84

105
25
49

105
79
79
79
79
79
80
80
80

80
81
81

81
81
81
144 INDEX.

PAGE.
CLERK of the board to approve bonds by endorsing.....+sssscssereseeers 82

  

to notify Comptroller as to loan commiissioners....+.. 84
duties a8 to NeW tOWNS.... -.cceee sever cececscceees 85
to exchange published proceedings .....sseee.secese 85
as to sites for town houses ...eesceccererececovssers 85
to prepare collector’s Warrant...e.cecescecveseseese 86
to send copy seal to county clerk and Comptroller... 86
to furnish county treasurer Papers..cecesesecencvces BF
credentials of officers ....-sseseses
to keep a journal..ssessccce renter ccccvessceccveses 8%
order book of secs csee scenes tees sceevevcsescscecese OF
form of Orders 1.1.55 cevecccsee conccccecsveseesece 87
‘to keep a record ..ce secs cesses eoneasecesvcsesiesee 88
to index proceedings. .....+ 4+
to administer oaths..sees+eeee

  
   
  

se eccccoeseese 87

     

  
 
  

 

Lee cew ene ree cence ence cenccsenscnc cesses 89

CLOTHING for blind pupils ....+. «see
COLLECTOR, fees of, tax cece sccces soccet cencenesecse scene sesessseses OS
Aelawlb Ol sisase vse seen sieeve csesee saessocweevnns snes BF
COLLECTORS, meeting to be called ..ccs0 cesses cece senececcetcseencees 32
COLLECTOR’S warrant, form Of.....cccccesssesse cvseceveees 120
clerk prepares.

pond, form Of ......02 seoecese sees,

se cececccccs sees cevecccecsses OL

 

  
 
 

of deeds, cannot be SUperVi8Or....eesseeeeccccsservees Lb
ag to drains, supervisor to b@....s+ceccvereccecsceeees oa
COMMISSIONERS of excise, fees Of ......cecreececevcee scence csvcve cece 105

 
 

foes Of . cee cece ceccescecesces cocveces 105
of loans, cannot be supervisord ...+0+ eeeeee seceee 1

show books to supervisors ...seesscceseoveee FF

securities to be examined......ceeeecsscccee 78

of schools, expenses Of ...scereccccscccccvesesessse. 70

COMMITTEE of the whole, rule for.......ecscnce ceceee cecncevcceseeves 96
Standing...-6+ sseeeeseecees a Sevcevees 92
COMMITTEE’S report to the board, FOF OF wees sessiecea ve socccvee 129
COMPENSATION of Supervisors .......000 ceccesscccveccnccsaccces seen 26
of jurors, how provided .....1 seccss cocsccecvcavevenee 27
COMPTROLLER, as to rejected tax ....- cscevscccesvsvessccscssccesess SF
CONSENT to renewal of a school warrant, form of .....0 see seseesscee 140
CONSTABLE’S fees, a county charge, whon..scessecccseesccecsceseeces 36
security of, form of ......0006 06

fees, how made Out ...... sevase sees coceccesccevesveccsee 102

BLOWANCO tO .cceee cecerececccevcesssccce seceree seeseee LOZ

   
 
  
  

 

  

teen cee renees evens e 132

  
InpDEX. 145

PAGE.

QONSTABLES, feos of 02... ..cscessccecucscees sees assses scenes cucees
-CONSTITUTIONAL oath, form of..cccescsses ceceee taeeeeees ws Ries Siar leint
CONTINGENT charges, what are ..s..sccen cesses nceecsecseeeveescecces
CONTRACT, Supervisors not to be interested in.......sssseeesccecsacsee
CORONER?S fees, county charge .sccsss seccccescccsee ueeececcuseseese

 
   

FOOT Of sie: cowaci sa eewerieancn eeceinte

accounts, how audited .....sscee sass ck coe ene eeeene kee
CORRECTIVE assessment, to be made...... cess ceccceccncceccsesscoees
QOUNSEL, charges Of......0+ secse snes ccs csereecseresse erences eeees
COUNTY books and records, control of. ..0... cere cenecccceeveusscssevess
COUNTY buildings, erection of ...... cccerseses conccanees eoeerecensnees
COUNTY Canvassers, who compose ....++ sesees cone vcsseeseccnstvenseee
statements, delivered to..+...

time of meeting ....0. cececueevescet ceeceeansesees

who clerk Of. cesses ccnneve cecces cont cenc cee snuses

who administer onth.oee cece scccen erence cneven cece

   

eos es swe neessenee

  

QUMOTUM cece cecce snee rece conc cess aves seeses venecs
statements of, how made. sees coos cesses cossarene
certificates Of ...0++ ..eeeee
as to county Officers....... fe eT eT ee
Power Of secs csccerasen res
may adjourn, when......«
COUNTY charges, what are. ...cccccsenceres cences casscseces aces susne
COUNTY clerk, is clerk of Board of County Canvassers ....+ssssceue rece
COUNTY judge and surrogate office. ..c.++ once seccns seceet enacesseessees

   
 
    
 

eer en enecasaaeee

Balary Of covesvse reve roves saceer coerce acer ccesaseveres

salary & county Charge .cssescccccscccseess consccanceees

COUNTY loans, security for. .....scsessevees oes
COUNTY officers, to report ...0cccecceescceescees
statement of canvass, form of...

certificate of election, form Of .....2 cee suscaccncses

COUNTY poor, how to pay expense Of ..cesenses seccseccccevcccceccorese
COUNTY Treasurer, cannot be Supervisor. .....+ ssearces cave ccessseevece
appointed and salary ..0+00sceece sereanecessoesacees

   
   
  
  

ceases were aceeeee
Cr ee

ene Cree aves ereene

  

fees Of. ..ceesnsvccceuerervcascsees. seer Oarteenyeces

COUNTY sealer, appointment, Of. ..sesesececeares vevecsensceers eee cas
COURT house, erection Of. ..eese cesses sencee vaenssccsoss ssceaseessecns
= may levy tax forsscecsacsccvvrcevers secs vessnsseets

  
   
  
  

COURT rooms to be provided. ...cesessscerenr sais RAR Rew aap ESE
COURT of special sessions, fees Of ...+60 sssere ee
. COURTS employing atenographers. .... sree eee
CREDENTIALS of officers... ccccvecess ccvectsccusacsce secon essences

CRIMINAL fees, how paid...seececeseccesas ceecsecscecscens ves eves

10

Pee acne eeee sees an eeee

105
113
41
21

106
146 Inprx.
D.

PAGE.

DEATH of supervisor, books and papers. .sce.cesccecss cone ceseveesonse
DEFAULT of collector....se cesses sesecsseccceccves
DEFAULTING officers, to be reported sees sse..+ cece ees
DEPUTY clerk, is clerk of county canvassers........ see wRee weed
DISTRICT attorney, to be notified as to his salary...
Balary Of .. 00+ ounce ceeeeccere secessenense sees ves

DISTRICTS, alteration of, form Of ....0. cece cue ccnccr cece eneecccc cece
DISTRICTS for elections, how made. ....es voeess eve ceetet sone cnsesesy
DIVISION into election districts, form Of ...0++ ceeesece vee cceeneenence
DOGS, tax for sheep killed by....-- ..ssceeesees evcevnncccesee seeecccoes
damages by, refunded when ....+...-0+ eevee

tax be levied isis sc censwaageey caseewe cn eenee Oo ecneescces
DRAINS, supervisor have charge of, wWhen..cccesesccccevcccceeeeessoees
DUTY, penalty for neglect of ....00 vsncce ccenvccecntecnessscserecse case

 
  
    

+90 eneteoes

A eeee cane ares

 

 
  
  
 

E.

ELECTION, notice of ...cccescve covces cove cece cess teneaeaevtcseres coos
form of & notice Of ..cceessece socncsvsovave
districts, form of division into.....csseesees ees

ELECTION districts, alteration of, form of. ...cseeces cco secccecourevss

 
  
 
 

23 -
57

20
7
118
119

How formederesscscsccscsccccronvccscevversscvselDy 20

 
  
 

ELECTION inspectors, fees of....
EQUALIZATION of assessments....cccceccecccsvcccscses seceee cece

to be published by clerkeocecseseecsccss cect ccccacsens
EQUALIZATION table, form of....sesesceces cccevccccnseccecceres seas
ERRORS may be corrected. ..csecccceccesceccese: eoees
EXECUTION not to be issued against board...... see»

  
  
 

aeeees parece

F,
FEES, criminal, how paid. .osscccecsscsecsesnrcvccccscccsscssessee sens
Of clerk .ececvccecccsuscecccnvses sesess once snes sees seed oees eens
officers, county charge sae cece ncerees
the collector ......e.es
OfDCOTS. +00 cece cscces ace

  
 
  
   
 
  

 
 
  
  
  

eeeecee 105 to
BBSCSSOTS ercocccrcccccccccc sees cccess ennescesse SO0e senses sees
Clorks of the polls 2... scceceseccccc: eres cccncccces cose eeet nese
commissioners Of ExCise.scecssccoesceces sescece eoeewoeeee
clerks of commissioners of excise ......00ccceees PeTTeer ey
commissioners of highways .+...seee cesses coecs
COMBEADIES «rose cece cecrcccces ceccee usscrsase
COFONETS «eee evereeas
county judge. .sse.see oe cee econ avees
COUNTY treASUTEL. cee ceae ceence cree secenceeeseses seen oupeeseces
district attorney... csc. ceceee senses cert ovev cence sees cece seat snce
inspector of elections .
JUTOTS.. coceee ceeeeee

ee eeerasseaneed

 
  
 
  
  
  
   
  

eevee seccse

sees eres sees

  
  
 
  

re aeee seve sees

  
  

   
  
 

Bee cree srttece acca cscs vereccce

Oo emcees Dee: OEee wees ened cone seeete

Justices .csccese ceccenceeccecseccens C80 ceneccat setevccseccuess

106
35
81

1235
64
36

58

89

36

32
109
105
105
105
105
105
106
106
106
106
106
106
106
107
INDEX.

FEES of court of special sessions. ..
overseers of the poor...... O ee eenecveenscese
overseer of highways «1. wssccsensee secesavcses
Printers ..see se. sev eeees
Bherifls ..-2.- ecsescsesee seve seses evesnesecccomeccscsers 108
supervisors sciseids ooeetact gulsume caret otic we wersleniamt areas amen eeae 108
BUITOBALES » secs ween eens veces cecseencncseesccesesivssceases 109
town clerk. .....csecssccccetrecccssvneeseccescvecsssvcesesves 109

FIRE in woods, supervisors attend to ...0.cccrs cecncccccs ccccsscvseeces 10

FBORME ce csisen cies vas nied cesisen eine’ Senieaeven cévacaceedeeeeecoe 113 40140
constitutional oath Seeee ce eeen ce eeen aceecnae evens vessecceseee LIS
Bupervisor’s book ..cccee.ccee acces eceevceeccce ve ames career 113
certificate for supervisor's book .....+ ...sccecsecces sossucvecess LIA
certificate of supervisor in town clerk’s book.....csesesseeseeces 114
report where poor is not a county charge.........- oceecoees LIE
supervisor’s bond .....0. cece sceccsccec cece ccsasceeereneecaneee LIS
justification of sureties ...... cccccecccccnccee coccer eset sccsecee 116
list of jurors.....sseoccscsoee 116
list of grand jurors...... veee 117
notice of an election....... ..s.s0eeees » 17
division into eleetion districts...... 000, 118
notice to appoint inspector of electionS.+es..seee cess 118
appointment of inspectors of elections ... 119
alteration of election districts..++...ccsecccccccssccescvevecsses 119
Collector's WATrant....++seecce cesesevescsccce sancensecsscovse 120
abstract of accounts. .....ccecsceccecctccsavccnavescsscnscceces 122
abstract of town accounts allowed. cscecceuscoves vevccccseccecace 123
statement of services of the board ...eecseacccccvcesece seccenee 124
equalization table .....sccceesce cescvestaccevecs seaseeccee 125
statistical table.... sescevecer 126
General abstract ....cccasccces cocccccccccecscccsecesseve assess 127
report to Comptroller as to loan commissioners ...+++-ceescceees. 128
certificate for published proceedings .......ceeeececcccceescrsees 129
report of a committee to the board. ...esssceeessesccscccacesees 129
report to the board as to loan commissioners .....000scsseecesees 129
warrant appointing Supervisor ....cccsscccscececescetecscrecees 130
supervisor’s bond for school inoney....s- sececccces cesses cccscves 131

131

132

133

133

134

Governor ..0-csssccccascccesecssccersss 134
Judicial officors ..00 ces cscerecsersecvee 135

statement of canvass as to Governor, &0....60 scocee cove «- 135

oe 136

oe 137

ee 187

for Members of Assombly ..cossessseseseee 188

     
 
 
   

 
  
 

  
 
 
  
      
   

  
   

    

Peco cee nereeeaccces cueres

assessment TOll...ccese csce seve sscceescoce

 
 
  
 
 

 

collector’s bond. ..s.ssesscee nsec secsss ens
superintendents of the poor, bond of.......

   

 
148 INDEX.

PAGE.
FORMS, appointment of inspector to fill vacancy ...+sseccececsceceeeers 138
board of commissioners of highways ....+. css. seseeeccceeseteeee 139
security of s justice of the peace. ....cseerecessceccseceeeceones 139
approval endorsed on & security or bond ...eseeessescaceveceeces 140
appointment of a school district trustee ....esccoaccenccavecccees 140

consent to renewal of a school warrant...ssssescescersiseccecnes 140

G.

GENERAL abstract, contain what. .....cc0cscoscccencceesescssseeseree 83
to be sent county treasurer...........
form Of .ocscr cscs ncsceccvosscscssesecneness soos LOY

GOVERNOR, certificate of canvass, form of. .....ercee severe sccencosecse Lak

statement of canvass, form Of ...ceecsces cree ccccceceecee 185

GRAND JURORS, list of....ccccccccrececerencce sccces secrete vescscces TL
who placed on list....0.sseere cece cccnecscccscscees TL

who omitted .......

contents of list of. .

increased when.....

 
 

  

see ee cence ceoes seceeeee TL

  
  

  
 

List Of ..ecsccccas cecees coenccscseessceseseceseesees 18
list to be made by clerk. ..csccevee cess ccneccessecees 83
form of Mist Of... .ececuve cece coeeee ve

GUARDING jails, pay for. ...e0+ esas

  

H.

HIGHWAYS, assessment for laying out .....0 csesccscescossccccccesvees OL

 
   

additional amount for..... aeseaeonas GL
towns to give notice for... csccecccccescccseccesscenescces 61
abandoned, improved how . ...sse cscasseeses eorescee 63
toll changed.....ecesssecccesccecceesscaces seseccee 63
HIGHWAY labor, list of for supervisor. 1.20. ccscoccccnscccncencececces 34

I,

IDIOTS, provision for ....+5.ceeee eeee
IDLE and truant children.........
INDEX, clerk to make ssccacee as acne cevencewenes scneavevasucewse ceacia 88
INSANE, provision for......ss0s cece cecesveesccces cccacsasseccsenssces 16
INSPECTORS of election, fees of ...... .sessceecs cocnece eosesesecs 106
appointment of, form of....... seceeees 138

form of appointment .......... sores wasee ALD
INTEMPERANCEH, duty of supervisor a5 to .... ceecl ccscecccsecccreces 21
INTOXICATING liquor, supervisor's duty a5 tO .c.cesccccuccscsseccsees QL

scereee sees eccccceeecesuccecs 16

  
 

 
   

J.

JAILS, guarding of, pay for...cescacccsecceccseccnecs
tax to be levied for...e..sccsccseesesscccevecs
TOPRITS Of 2. .0ce cence ceccsces coerce sesvacs
JOURNAL, to be kept by clerk.see scsesseecscces cee cvecsesccocees BT
JUDGMENT against towns. 0.00 ssecesccccccccccccsccccosecsecessccses 10

2 OCC cece ereeetoe 64

    
  
  

ceecscccveacecee BL

poveeccscsecsee 26
eo

INDEX. 149

PAGE.
JUDICIAL officers, certificate of canvass, form Of... ccsseseecceerecseee 135
JURORS, list of, made how.....ccoascecsrcaveecccces

Sg eee eee ee ee eee

   
  

sasceccancosees 106
list of grand, by the clerk.oec..cccvcecccccsescercccccessccees 83.

form of list Of occ sesccveescecet cesencsnccasevcscsecs soosees 116
grand, made how. ...+-secsessosceesvere

Tet 08 ceussas. apenas cwchiw a0 O00 09ST cee ce oeecies FLY

who may be. ...20s cccevcccenescsneccscccscoreccsseess TL

contents of list Of ...ccecscccccscccccessecsccsscer sees T1

may be increased, when ...... ese

duty of supervisors as to........ souces ceeeece

JURY list, how made....a.sssescseecceeseeecenrer ssaesssnacencens
JUSTIFICATION of sureties, form Of ...0.ccccecccccescsctecscccesecess 116
JUSTICES? accounts, criminal...... 2.2.00 cecvcccescescseves cecces
bond, supervisor approves ...+..+0.

account with supervisOrs+secseesscecccsceseersesessteereses &

security of, form of .......eseee0 oe

accounts, how made out .....seee06

  

 
 
 

srscccerecccesces 18

  
 
 

eeccecevccccncvces TE

  
 
  
 
     
  
  

eee cccccvecsseeccccess LOZ

L068 Of sees satwosedeie ce cerasivuewor. see reas eeecieences wena aces: LOT

m4 L.

LANDS of county, sold when ....ssesssccvssccccecrccccscescsoecesceses 46
of non-residents, description of .....cesseccerecceesceessesencse 29
LAWS, what, printed in the papers.......ssseevceccscccvececcsecsscoes 75
local, to be published..+oee cessccceassseserceseceves 52
to destroy wild beasts, SC. .ccecsceesessecsccecccseveseeesscnses 48
LEGISLATIVE powers of supervisors .....0cccecseesces cocccccccseres 4h
LIST of highway labor for supervisors --2+eces cscs secesrecsscccccscrees Sh
of jurors, form Of. ....ssesccsecscs crease cvecencerecssverscee cesses L1G
of grand jurors, form of..... ++ .++
of jurors, how mado..-+++ .eseseee
LIVINGSTON county, poor’ of. ...--+ esse cccceseeseesceneseee eves veaues 54
LOAN commissioners, report to Comptroller as to, form of .. ececcces 128
report to the board as to, form Of ...ssseseeeeusees 129
Clork’s certificate .......cceccccccerccccacccsceses Bh

(see Commissioners of loans.)
LOCAL laws, to be published ........+.sceesccrseecevcecseesesecssesees 52
LOCATION of public buildings changed ....+. seeeess dieig-oeiie wees 49
LOSSES by collector ....cssesscsessscescreccetaranccssccesoces saareres 57

 
  
  

 
 
  
  

  
 
   
  

eceeccccccncssccecesesccees LIT

cece accccercsscesncsssccoes 1B

    
 

 
 

M.

MAJORITY vote required, when...... sereee cecesccece senses cseerecces 4B
MANDAMUS, issue when.....scesceeeeeceeeeseeees ceeeeaseeeeesseeer Aly 42
MAPS, to bo furmished.....+sserseseer sccnsveesrasceences sacees seaees 57
MAYOR of New York, appoints supervisors.......
MEETINGS of supervisors, when.....s --cees see

special, clerk to Call. seeeascccccencceteecccseccesscseccses Bh

Of town AUditorg....eecesccsccccccreccccer cosvsseseecesees LO

 
  
 
  

ecevcercseweosesss 2F

a biSlesiae ewe OW sige: ak
150 INDEX.

PAGE.

MONEY for common schools, to be paid county treasurer...-+++seseveecsess
roads and bridges, to commissioner of highways... ...-sseses
town expenses, paid to supervisor ......secceeresescevecess
borrowed for the town or connty..........eseeeees
towns may borrow, when......ceces cerscrecececes cuss

MONUMENTS, towns may build....... ccccvcceucevceccnccevces seccvese

N.

NEW towns, election districts of. ...... cavceececceeeses cess ececes cooses
duties of clork 8 t0.....ceses cece socesceccsccceccsse
may be erected, ... s.ceess secccece -t0uvcces cree sent ence

NEW YORK, supervisors elected, how...sscsscecsasccsecvenccsesacecces

NON-RESIDENT lands, survey of. ....++ +++

lands, described how. ...osscccsncee avesec cove ccsseses
taxes, for schoold....sccecseces vssces sucecseces secces

NOTICE of election, by whom given. ....++ ssee-se

AS tO NOW COWNS. -.ce avec vsceccerscvencsce wees cere cece

to appoint inspectors, form of......s.eeese

of an cleotion, form Of ess eins ceca ue docevesaeewied 660S4aedewe ae

0.

OATHS, to be made on delivery of books. ......csce sscnvcccccscvsevesee
may be administered by chairman..........sccecceccseces cece
clerk may administer....
constitutional form of....... SSS Sa sieieneg ie wise sieaie Sateasig

OFFICE of supervisor, vacant When...+ereevese.svees ave ;

OFFICERS credentials, clerk to furnish.s++ sss. esses acces

salaries, to be allowed

ORDER of business. ..0+ 1... seccseseee ce covecncen sees vaseccaescareces

ORDERS, form of. ...0.secee seas cscvee voce cunces eres sceus eae

 
 

 

 

   

Ceara rene eee woes eeee

    
    

Peer aeeececese cave

AO me cees aveesace

Pee eee eee ee ee ee weet ee noes ceeees

  
 
   
  
     

Oe ars

 

 
 
  

ORDER book, to be kept by clerk........20 eceseceececece ccs Ana KEE:

OVERSEER of highways, fees Of ......ccceccessecesccsses als aystee
bond of, supervisors approve. Stee SeRe Nees évae
of the poor, fees of...... sses00

P. s

PAPERS to be furnished county treasurer......sseceececsccccercoacaees
PAUPERS, supervisors report OM....cees cece secscceasoesces
PAY of jurors, how provided. ......scecsecees cece coscececoes

for guarding jails..........sceseees Oa eee Otek eee tee eene anes

  
 

Oem e ee cee ot ee none ce cens

 
 
  
  

 

 

distinction of, abolished ....ssccsscsacsscccecerscces cuss soceccccas

°

30
30
31
47
62
63

113

108

108

87

27
54
26
26
53
105
46
47
65
47
InDEX.

 

POWERS, legislation of supervisors........ coosscsetcreccssecsssecse 4d
PRESIDENT, certificate of canvass, form Of .......scceccecseces scsseces 134
PRINTER, elected how. .-.. .ccessescecsevee
lis what, laws to print,....0seseue es

SRO GEL OL creininiates cisveie sreiarais bv wra\aseivio vue ecaiuginiace sie sareiaratearsiaietis

 
   
 

  
   
   
 

sec eneeaesccccececoeses Th

serene eaccecscasesecese 75

oowe 108
PROCEEDINGS to be exchanged... .seeee -ceseee. cece ccsvscesseeelO4y 85
‘SUBLIC buildings, location changed .......+1+ csse-sescsereecccsececes 49
JUBLISHED proceedings, certificate to, form Of ..cesssececccs cece cssese 129
TUBLISH BCCOUDES, WHOM. secescee veccccees cnvcveceeveseesscecscsesee SL
POBLIGHING Jocnl la2..ssseseosesssssesvorecneetees asses wiicenartaivn: 8

QUORUM of county canvassors.... ...sccereusseccsusesecsccesscessens 67

4 HOWN AUGILOTS.-cree seccecave se ccever ence ceccesssace-soee 110
‘ BUPETVIBOTS voce reece ccecvecsscne-sevevescccciossscusesss 2D

R.

LATES of toll may be changed’..ce.ccesccccceucssscccccssscrssss assess 63
‘LEAL estate, valuation sent to Comptroller ....+..+.. devedenees 80
29
88
88
21
1
33
140
RENTS, tobe taxed. ....00 cece vccecavcoe ssecee cseuucsees iceeccne: “6b
REORT when poor is not a county charge, form Of.. ..cseececcee sence LIA,
to Comptroller, as to loan commissioners, form Of. ...0..eeee seve 128
committee to the board, form of. ...... sesccccescececcccccscses 129
RESCGUTIONS to be printed and recorded. ...... .sevee se scccecens 49

 

“4

   
 

 

RNEWAL of school warrant, c:nsent to, form of.......+.+

   
 

og

 
   
 
 
    
  

ROLL form of assessment. ...+0 cscececces soccer cecsee eves veveeew LOL
RULE for board of supervisors....... ate seneee coccnees seoeee OL

 
 
  

wiority of business. ...... sees cen seccesscccteacsssvsecccsecene 98
air to preserve OTder..ceseccee cscs cescccecceccesscescssceres 93

Gor of speaking ...csscccceescvovescecsesccsscscucese seo 93
ato speaking and Voting. .seesscees cesnccseccccveeeses
&to motions and resolutions ....
RG Previous QUeRtION. ccccsececesssavevsccverssscsessessssess 96

  
152 InpDEX. :

PAGE,
RULES as to committee of the whole. ...-ssesssees saeeweivereer 96
as to motion to reconsider...... eeeeee

as to special Ordorseees seseee cece seco consscecevccessvesesenes 98

S.

SALARY of county treasurer fixed....s+ ssecceccoseevcescesesssescecess 52)

of district attorney fixed....sssessceessess coessaseeeetacncses 52 /
of officers a county Charge ..ceseecccrsacccecsnsceces weces By 39/
27;
10
10
1

   
 

   

cece enecenssceee OF

      
  
  
  
  
  
    

SALE of goods to be authorized by warrant. ....csescveees suas teceanvces
SANITARY duties of a supervisor ...0eccescee eves scencccnscesscseusees
SCHOOL commissioners, expenses Of 0.60. cece rece eens cece seeeccevassces
moneys to be paid county treasurer .sesecescscesccess anes aces

THE, AMOUDE Of... cee coca nceves assess veesesoses © cee eves

not to be omitted... ereecceveee

trustee cannot be supervisor. sesecerecssetssceces
certificate of appointment, form of.......

SEAL of board to be sent to county clerk and Comptroller ...scaceescecees
SEALER appointed for the county ....csccscecseccccevccscescecesscees
of town, how appointed cece rece ccensreecncecene cece cece stceces
SECURITIES of county treasurer examined ...
for loans to county.sesesecces sees

SECURITY of a justice of the peace, form of. o saeeet canaas seen 1
of cotiatabld, fort Of.sovcenevs ceeds ores senses axes vexcavavce J
SERVICES of the board, form of statement Of .sereverecercccevesnceres 1
SHERIFF, fees of 0... sces cece cccccesces csceaceecreecettessscsssecoees I
SHERIFF'S fees county charge, When...+..cees cece ncsesccces ssecee voce
when to receive..........

accounts, auditing Of ....6. cere veses cece cess necace

how made out ...s-+ seveeceeee ‘

SOLITARY cella... wees sseeee cove See meee nen eee eeee eens ons
SPECIAL meetings of the board, clerk to call......secececeacvees

   
   
 
 
 
 
 
    
  
    
   
    
  
   
 

assoc Sow

eeccevecees 1

  
  
 

CBee cree nce nns cree ecee

 

   

STANDING committees .....
STATE tax, amount of.........00ceeens
STATISTICAL table, form of ...... cee cscces cece ceee sssnes

STRAYS, supervisor receiving money on gale Of. .....seeeesscccece pers 10
SUBSOIL draining, when. ........ cece ccces eo nneees cone teee acne cee
SUCCHSSUK may demand books......es00 seeeee ‘i
SUITS against supervisors, when. ...... ceasscccce cecencvecssecsegesse
SUPERINTENDENT of the poor, appointed when .....seccecssseft cece 5h

bond Of eesesscvccsccceccsseedeeses 55
Inpex. 153

PAGE.
SUPERANTENDENT of the poor, accounts of.....+sseseeeesesccsescess 65
cannot be supervisor.....ceses sncecees

form of bond Of. ..e+eseceecceceeuesees 133

bond to be approved ..csscesceuseavecs 82

bond to be endorsed by the clerk....... 82
SUPERVISORS, who eligible ....2+ 00 scccescnee sen conte seccceuscses
cannot hold office of county treasurer, superintendent of

the poor, trustee or commissioner of common schools,

commissioner of deeds or loans 2.2... secesececs seoees

How ChOSOD, coco rece sero seen svevccesccence
penalty for refusing to serve ....e00+ scseccceaccesscses

may be appointed .....csceveccccecsessescccesscsscens

when office is vacant..... ceccccceveee sett caseeneteses

Oath Of Off: CO. ccesee eens ccssstcccc cree tenses covnusence

officer before whom taken must certify the same........

certificate must be filed «2s sccesenncs cones secneccees

form Of O8th....csecccscccscnccescsese ccccsecces senses 113

to receive and disburse town MONCYS....eseereceseeceee 38

to give bond ...scccccve sevcccccccccsversensssesessees 8

2 to sue for pomalties ....cesevcccee sncesencsccsecssccee 8
Must keep accounts. .roecscesece scancesees

form for keeping supervisor’s book .....csescessceecees

must account with justices and townclerk....scoesssese 4

form of certificate of town clerk and justices..........+. 114

to attend board of supervisord......ceece ccceeecenseece 4

to cause survey to be made....cssevveccevecsccvecceree §

penalty for neglect .s.e+...,ereecccerecvepusccssscesee 5

surveys of non-resident lands ...cccocceerieess cccceses §

approve bond of overseer....1- secessescetsccsencseesse 5

JUStice. .. cece cece ccccne rece eeseecccee &

to defend suits against his town ......sesseecccceseeces 6

May appoint firemen.....sseccvecsecsecoeserccsecseers 6
7

7

8

8

9

9

9

 

  

wo be bo bo et et

 
 
 

 

to receive surplus moneys. .
approve bond of constable .....scess see ccscueasscnces

CON SCHON ccc nsec car aceccece cons cece

commissioner of highways. ..sees+e sees
to present overseers’ lists to board of supervisors ......+
to present estimate of improvements on roads and bridges
to TepOrt PRUPETS. 6... cece ccs cere cere cece cecncceveves
form Of roport..esee serceccene vovcce as
to file an account. .-¢inevescvncnsce os
fire iN WOOdS ss. ce ccce cece sererecccrtesscecccreeseecee 10
to receive moneys resulting from sale of strays.......++» 10
judgments against towns ...... see e cece rere rscreeee
warrant appointing, form Of. .+.esceeeecsee scenes sevees 130

   
  

 

FOES Of cre cccccsce seenes coscssceescesescoves
bond, form Of ....eree seces cece cea sceses sonsune
bond for school money, form of ...eeeencevevenes
to pay judgment when in fundS...-.secesenscseseescees

    
 
154 INDEX.

PAGE.
SUPERVISORS, is a member of the board of town auditorg......sseqgesee Il
to make abstract of the names of persons who have pre-
sented C1005 sscawns cence na ews weuewede oo ncnn neces I0
town. WONKEN a nage sens decene Sede He tee KAe eee vee 19
to appoint town sealer of weights and measures....... . 16
Tejected taxes ccs ccee cece cen ces cone cree ccnees WW
list of persons to serve as jurors .. aoe bane 17
to file duplicated... .c.0scosee nee
Brand JUTOTE cee vers esveccscccccncsreccee cooeesesesce 18
election districts ...0.5. cesesseseces sccesccccesereoese 1D
form of notice of an election. ....++ secesseveeessecceves LT
duties as to new towns 2... .sccescccecne ecenscecscese 20
Give notice of election. ....s+cccsesceercscceneseccceses 20
to appoint inspectors... see eceee cece esse ccencces sess 20
to prosecute for violation of the law for the prevention of
Antemperance. ...-.. secceecessecss cectecccecsacsvves 22
some general recommendations .+++......scccsesscssees 21
may administer oaths. ......seeecececccesnccccssseeces 12
give bond to county treasurer for school money...-..6... 12
embezzling money guilty of a misdemeanor,...-........ 12
to make return in March.........
disburse school money ...eeeeeeee
Fender account «sce csceseccencscsesccccansscesessenes 13
pay his successor ....sseresees cece cevcccaceeee
to prosecute for penalties ...ceessssecevecceccseseseees 18
duties in altering school district. c.secsceesacceee cesses 13
dividing a district .....+ .ccsccsseees soeee 14
as to school house sites... oe ceenee soecee 15
report to superintendent ....... vecececcsseecevcss 15

   
  

 

cere cnccevessseess 18

     

   

tt eenecenee woes 12

   

ee acccnsenereceeee 12

 
  

  
  

Bppuint a trustee. ..... cececsveccesceccrecccecsscecse 16
accept resignation of school officer .....s.-ecececseseeee 16
May consent to TENOW WATTANL. ...eee cecceccescecserese 16
BUG tTUStOES 06. ceccer ances secon acnccevcccssceceasce 16
not to be interested in any contract.......s.0 sooee al
QS Water COMMISSIONETS ooece sscascecncseccseeccorseess Da
deliver books to his successor...esesccsceccscecccccecee 22
Board of, to meet annually ... .cscccesesccescessrecee 2h
to fix time and place ..ce.scceecenerecsencese 24
to make orders respecting corporate property.. 24
to Audit ACCOUNEE.....0 cece evesevvccessseces 25
to levy taxed... cccccscersencs woevecesesveee 20
majority constitute a QUOTUM.....eecccseecces 25
to set with open doors ..cceceeccsaccsenccnses 25
must elect chairman...c.cseccesssecceecesess 25
to appoint clerk. ..cocccecceseccccceseceeccse 25
court house and jail to be repaired ...ceeseee» 26
COMPENSATION. .occsocrecsevvcecccecsscesvess 20
penalty for neglect of duty eoessssecceesreces 26

   

  
 
Inpex. 155
7 PAGE.
SUPERVISORS, board of, supervisors of New York. ..ees v0 cevcecsocee 26
to provide for payment of jurors.....seseeeeee 27
must allow salaries of officers....sessessseecee 27
actions by and against.....cececcssecacceesee 27
to examine assessment rollg......esseesseeye. 28
lands of non-residents. ....ccesetacsevesegens 29
tax, how set down. ..s.--scccsrcscccrcsccaces 29
error in assessment......esceccvessscccaceses 29
corrected assessment roll..sccessccssecccsccse 30
warrant to be annexed to assessment roll...... 30
form of WArrant.cecssccseccsccecevscerencece 120
to notify county treasurer of the delivery of the
assessment Trolld...csccccecccnecrecescee SL
warrant to sheriff...... cc. secesecessecsvees 31
when collector’s warrant to be varied in cities. 32
. to call meetings of assessors and collectors..... 31
Tejected taXes..sssecessvees seevcesessseee Say Sh
to report defaulting assessors and clerks....... 34
list of overseers of highways...e.....sesecees 34
execution not to issue against board...... ... 36
equalization of assessments......ceeeseeeseee 35
what are county charges by statute.....e+++ 36, 37
salary of county judge....essccccccccoesseres 38
salary of surrogate ...cccccesese secceccceee 38
BUTTOgAte’s OfF1:CO .eeevecseresccvccsccesceeses 38
GO0Tt icvs wecesuvenssascsveassaves 38
offieer discharging duties of judge and surrogate. 39
boxes for Accounts...cocececsccerescccecesecs 39
when board may be sued.cccsscccesccessesere 39
county charges defined........csecccsessessre 36
MANGAMUB 22... cree cscccecccsccasccseceee Aly 42
charges of counsel defending poor persone
accused of Crime ....66 seeeceereseseeee 43
to provide court TOOMS...ecccrveceseers eevee 43
to alter the bounds and to erect new towns and
file map cece sscesccssescccscesececoece 4K
notice to be posted and published............. 45
to designate name of new town and appoint ‘
first meeting. .cecceccceessecccevececes 45
to purchase lands for the erection of poor
houses, court houses, &e .....+sssecsss 46
to determine the site of public buildings.
sale or leasing of lands ....ccceesevcees o- 46
to erect public buildings.........ssececeeseee AT
raising of money by tax.......seseeersecseee 47
to borrow money for county use ...eeesereeeee 47
abolish distinction as to poor..sesecssccessesee AT
to borrow money for town use..++0+ sseeccsee 47
Collection Of taxes. coonsscsorcceenccescsceces AT

   
 

 

  

 

  

 

 
 
 
156 Inpex,

PAGE.
SUPERVISORS, board of, to make laws to destroy wild beasts, thistles,&0. 48
fix annual meeting .c+s04 sscceceees wownse ence AT
to make laws to protect game ...-.sscseseeese 48
county officers to report, to....cceoceseceeres 48
location of public buildings may be changed.. 49
every resolution to be signed and recorded .... 49
securities to be given for loans........seseee- 50
allowance to supervisors for travel, &o......5. 50
provide solitary cells .......... ccesseascoseee 50
special commissioners of highways............ 5h
duty in regard to deaf, dumb and blind persons, 51
to publish accounts.....esceecssces covescesee Sl
to publish 1aW8.....s008: cece sceeeeerercecees BB
to fix salary of county treasurer...........0.. 52
to examine securities held by him...........5 52
may fill vacancies.c.e.seseceeseccecsssuccees 52
to appoint time for holding town meetings..... 53
plank and turnpike roads.........eeesseceeee 58
to separate the office of county judge and sur-
TOQBLC .. eee een secveccescrecnce ve 658
to fix salary of district attorney........ - 68
to pay for guarding jails........clecsessesece 54
relief of poor in Livingston county........... 54
may appoint superintendent of the poor in case
of VAOANCYs cosseeccoversascsesesecesece G4
approve bond of superintendont............5 55
idle and truant children.........c0.eseeseeees 55
to tax Tents. sseeseeess seecee senses cues cesses BD
special meetings of the board.........ssece0s 56
not to allow accounts to be withdrawn......., 56
unpaid taxes on lands of non-residents, how
Collected o.......sceeeseeceevccesrensece 86
losses by default of collector. .......00. 0. coe OF
to furnish maps..... cee cecceesecees sooccece BF
to appoint county sealer of weights and measures 57
must provide propor standarda. ...... 00.5000 58
fees in criminal proceedings, by whom paid.... 58
accounts, how and when to be andited...., vee 59
justices accounts......

  
 
  

  

 

Did S68 s:: csie ciciseesin Somwrenaaaeeniecs acne oa 60
accounts of town, to audit ......-.es cece «+ 60
to provide for court house and jail..sssessseee 61
to raise money to repair highways, &c........ 61
authorize towne to borrow MONCYs.ceccccoeess 62
as to abandoned highways...... teeecesecces 63
change rates of toll. ...s.scseessecee cece +o 63
legalize vote of towns for monumentg. secescee 63
legalize acts of towns.... te eeevcccreeeeses 64
as to county books and FOCOTAB ..ecosyesses eves 64

   
INDEX. 157

PAGE.
BERNIE RESS board of, accounts in county of Rensselaer....sssseeaces 64

accounts with county treasurer under poor laws 65
statement by superintendents of the poor..... 65
to be laid before supervigors..........66 66
expense of supporting poor, how defrayed.... 66
to assess school tax....csccecccssccccaseceses 70
board of county canvassers.....ceccesccccesss 66
county oanvassers, secretary Of....e++ecseeces 67
QUOTUM Of ....0- cceccrceee 67
statements Of. .ssrecosceee 68
Certificate Of ......scceasee 689
as to county officers........ 69
Power Of ..ccceenccceseecee 70
salary of school commissioner...s.ssesereseee 70
list of grand jurors .......+ seeecceecees TL
who is to be placed on list... scevcccseves TL
who to bo omitted. ...ccccecscsssecescsscecss TL
Contents of lists, GO..cce. essere eseccvccsevoes TL
increasing number of jurors.csssecececaccevss 12
qualification of jurors ..csescsceacccccscoesss 72
compensation of Jurors e.sevcceccccccccsesses 72
sheep killed by dogsesse.sessecesvecccesecees 7S
stenographera for courts ......ccescsecseesers 73
accounts audited by town auditors.......+020. 73
compensation of census marshals.....+.esee08 74
mode of electing printer and publishing laws.. 74
State tax..csec-ccccscaccecscccesveccscecees 75
duty in regard to indigent insane persons ..... 76
duty as to idiots. ...ccsccevesvercevcecssvccce 76
COTONETS? AOCOUNTT......cecerecces seasovesces UT
additional security from commissioners of loans, 77
commissioners to exhibit their books and secu-
tes. case cece: concesevcceesecceess cos TT
non-resident taxes belonging to schooldistricts, 78
commissioners of exeise to report to......-+2. 78
board of supervisors examine witnesses....... 78
duties of clerk of ....sescsccsccceeassene 79 to B9

mode of. procedure as a board,
TOI] to be called. ..cecscsccescccececsscececse BY
contested seats... seeessecer eesecvcccces 89
to elect chairman and clerk.......seceses- 89, 90
to adopt code of ruled..scccecerescsscsce vosee 90
rules recommended soeesccescreccccsscrcccsse OL
minutes of preceding day to be read .....0006 91
order of business....-seceescocssccetavssesss OL
standing committees. ...+eese0
priority of business.....0sccsssccsessesscccee 93
chairman to preserve Order. ..seseessesecoreoe 03
vote Of Chairmaniesssecccssscvcsccececscsves 99

    

  
  
  
  

  

  
  

   
   
 
 

seecercese 92
158 INDEX.

PAGE.

SUPERVISORS, board of, order of speaking. ..sss eessseeccerresccenes

 

Calls to Order ...eee ccneas ccevaseseces seevneen
Members to Vote. ..ecacscccecee ceccvensee eves
manner of presenting petitions....+..

    
 

division of questions. .......

filling blanks... ...sccccecee soecscuce
motions when receivables ..cess cessor eeetnces
laying a question upon the table......eecevere

 

entries on minutes. ....05 00 ase ssennenenteons

BYOB ANA NOES. cess reccccesccncccscer sereuses
committee of the whole.....
rules for that committoo. .. 10. sesecsseeseere
rising and reporting progress......+sescee sees
motions to reconsider... ssecesevercecccevces
altering ruled. ...60. sseses vencce cenene oveent
special orders....sceees oe
Oxcuse from VOtiNg...rs. cececesccvcccevecace

 

 
 

duties of standing committees,

‘committee to audit accounts. .eceresecrcncens
Sheriffs accounts..++++ 00 cssseuccecccsseeces
justices’ accounts..cccccesesees coovescevecces
constable’s compensation..........00 ceevercs
discretionary allowance to constables.....- s+»
report of thé committee, form of ......5
committee to equalize valuation......
committee to settle with treasurer, judicial offi-

cers, superintendents of poor and commis-

Bioners Of LOANS. .....0ccacccescacecoeces
resolution respecting accounts to be published,
to exchange proceedings. .

  
 
   

 
  
 

a county charge. ..eree esevess

office, a county charge.....

Court, & COUNtY ChATZO..ccccerrescncenccencecscevaccoeue

and county judge, office Of... .ccssese cesses sesccacteces

SURETIES, form of. justification ...... .eccaceecsrsectsascees coos
SURVEYS, supervisor to cause to be made....2. cece cecees vovceceenccnse

 

4

TAX, how set down rere ere rrr err er rer rer rrr rr rrr errr Tere rrr errr ere

OD TONG cenacccnssesvcevenscsscee sansee arene

 

FOOe wre cere csee

amount of, sent to county treasurer...coesseccesecssccceestetuses

93
94
94
94
94
94
94

99
101
102
102
102
108
103

104
104
104
109
38
38
38
53
116

29
55
31
Inpex. 159

PAGE.

TAX, time to collect, extended .....
sheriff to collect, when.......
fees for collecting ....+- ceceneecce cscs secceses sneees cesses uvecece
unpaid, collected how.....ccecsccccccccas cece cesses eet insets cece
rejected, collected how ......

THISTLES, to be destroyed...... .sseccceccceevccccesctesecessecsarees

TOLL of bridges and ferries changed ..... sesess voccse caccccccssesssever

TOWN auditors, board of ......cccecnscccesctetcvescessvcssecees 110 to

Members Of .... cee cccs veer eens avesavccesesecececenere
time of meeting... sseececssceseccnscces accecsees T3s

 
 

 

QUOTUDL 0... cece ec ese cree et nne ses eecc eset tess sane
Officers to account tO. .sscccesuvencessacsecse sevcsenees
audited accounts to be filed...+....eeee.
town charges ........05
special session Of... .cccccnere sanccccensceeseranesoees
accounts to be verified... .ssecvas scan cccecsenos apnces®
accounts not to be audited, when. ....scecscsevscvses Thy
Certificate Of ...ccccsccnc snes scee vescccces casscsee Thy
abstract of town accounts for supervisors 0+. oseeeescase
certificate of, Conclusive...scscecseres vee eomed®

TOWN charges, what are.....- scseees-eeee cecneeee esse cancee cece ceeees
verified how «2.0. cceeccccsccceccsacseccecceensecseenss
Budited, Whenecccccsscccccccseees esceece secenens
abstract of....
Certificate to .ccewscsccee cece scccee cect cvenenecccseaces

TOWN clerk, account with supervisor ....

 
   
 

  
  
  

 

DO Bees es een ese acer OOH ones esse

 

LOGE OF sx a:sisssi0 0: s:eisictsipiose-e10 00:9 01619030 sieisieie0.sis'-b.0'e a/e.nieiee trneiaiewe

  

book, form of certificate for. sseecsesceetcenee ceensces
TOWN house, clerk’s duty as to money for....++ s.seseseeee oe ceceee
TOWN meeting, new, fixed by supervisors....++sssecceeves wee aceree

first, How held cece ccssncccvcenceccccerstavevccesncerse

annual, how fixed ....ccceccas cocnceccersccecescccce 40g

TOWN sealer, how appointed ....... cseecceseesccceseceeceeve sseeceeees
TOWNS to give notice to improve highway ...cesecseseccceccesuccsenees
may borrow moriey, WHEN ..se cece cacee cove cceennessscess onaee

      
  

new, may be erected.....0 seeccceesscscccues caces seeceece
TAMEO Of. ccc sere scer veacccsaeeeesesenes oeeseee oe
suits against, supervisor defends. ......0+-+s0s ee eeeneeee

acts of, legalized ........s.0+ cecoesceccansencstecensenscsesses

may raise money for MonUMENts..ce eee seseee venseeee oven eveee
supervisor pays judgments against ....-.+0+006

new, duties of clerk as t0.....ssscceesssevsoss

how divided into election districts 1.06 sees seee

money of, supervisor must disburse ....+. ssc eseecceevececceeee

sealer, how appointed .coe.scceoceccee sesvee ssevesscess sconces
TRAVEL fees of SUpCrvigOrs. cess scceccsecccsccccenec tees cccces vcceenes
TREASURER county, to be appointed when..,. css .sssseercere cess BZ,
salary Of fixed ..---+sssececces accccconsresescvensneesone

 
    
  

weecet ence o@
Oe cece ecace

securities Of EXAMINE. cece ceesceceee asewcsecvaraceveses

4?
31
32
56
17
48
63

112

110

110

110

110

11

111

11

111

111

112

112
oY

11

111

1h

112

112

109
114
160 INDEX.

PAGE.

TREASURER, papers to be furnished to seee.sseseee

accounts as to the poor cscececrcsenccencsscve seetuseaces
TRUSTEE of schools, appointment of, form Of ... sae ceee scence covceres
TURNPIKE roads, inspection Of. ..sese scenes senece cee. soevessecnaseece

U.

UNPAID taxes, how collected. ....:0 secces severe vvesss casecsecsveceves

Vv.

VERIFICATION of accounts .....cecee scence eves cccececceces cscs sesees
VILLAGES to be drained, when..cesscecsoecceravece
VOID, contracts declared so, whens .erecseessescrse sees vecnvesscceeceos

W.

WARRANT for collectors, contents Of .....- ccsccseeccssccsces sapees sees
of collector, clerk prepares. ..++5+ avecee socccs sesccvecuceres
to be given sheriff, whon. .....ecesesees cove
of collestor, form of ....+
consent to renewal a school, form Of.e.eseereveevsvenenveece
appointing supervisor, form of. ....0. e006

WATER commissioner, supervisor a8. +esecsracesecssores

WILD beasts to be destroyed ......ssee ceeesestereeacees

WITNESSES, supervisors may examine ....-. secesest cove cssees secceese

WOODS, fire in, supervisor attend tO. sssees coves: ovesceces even t0ee sens

 

  

Beer eae crocs cece

 
   
 

 
 
  
  
  

eeee recs ene

87
65
140
53

56

59
22
21

30
86
31

120

140

130
22
48
78
10