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SUPERVISOR'S BOOK,

CONTAINING ®

AN ABSTRACT OF ALL LAWS NOW IN FORCE

RELATING TO THE

POWERS & DUTIES OF SUPERVISORS,

OF THE
SEVERAL TOWNS AND COUNTIES OF THE STATE OF NEW YORK,
WITH SUITABLE
FORMS, NOTES AND REFERENCES APPENDED THERETO,

TOGETHER WITH A COPY OF THE

LEGISLATIVE & PARLIAMENTARY RULES,

SO FAR AS APPLICABLE TO BOARDS OF SUPERVISORS.

Second Edition, Revised and Enlarged,
BY EPHRAIM GOSS,
COUNSELLOR AT LAW,

AND FOR SEVERAL YEARS A MEMBER OF THE BOARD OF SUPERVISORS
OF MONROE COUNTY.

ROCHESTER :

PUBLISHED BY STEELE, AVERY & CO., STATE STREET
STEAM PRESS OF A. STRONG & CO.

1859.

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Entered according to the Act of Congress, in the year 1849, by

EPHRAIM GOSS, .
In the Clerk’s Office of the District Court of the Northern District of New York.

 
PREFACE.

The great difficulty in ascertaining the law, and the valuable time
necessarily consumed by the Boards of Supervisors in examining
the Statutes through a series of years, relating to their duties, first
suggested the propriety of a work, by which all the laws bearing
upon this subject, might be condensed in one form.

The present edition contains sixty-five pages of new matter, em-
bracing the New York License Law, now in force with the neces-
sary forms and proceedings under it, the new School and Military
Laws, and all other laws of a general nature relating to the duties
of Supervisors, which have been passed by the Legislature, since
the publication of the first edition.

The plan of the work is to give the law applicable to the Super-
visor’s duties, from the commencement until the close of his official
year, and the order in which those duties occur. The law is first
given, then practical directions for a proper understanding of it;
then follow the forms, and where the Supervisor is a member of a
Board of Town Officers, the law governing the action of such board,
with the necessary forms, are inserted. The recent statutes vesting’
in the Board of Supervisors certain Legislative Powers, render this
work more important at this time. The Compiler trusts that the
forms, herein given, will be found to be very valuable.

That this work, which has been prepared with great labor, will
not only be found to be useful to Supervisors in the discharge of
their arduous duties, but be a benefit to the bar, and the public
generally, is the earnest wish of the

COMPILER,
CERTIFICATES.

 

Certificate from George H. Mumford, Esq., Counselor at Law, and late Super-
visor of the City of Rochester.

I have examined the ‘“ Supervisor’s Book,” compiled by Ephraim Goss, Esq.,
for the use and guidance of Supervisors in the discharge of their various du-
ties. All the statutes bearing upon the subject, are carefully and judiciously
arranged, and the practical directions and forms are calculated to render great
assistance to this class of public officers. Ihave no doubt, it will be found to
be a useful and valuable book, not only to Supervisors, but to the bar and the
public generally.

Rochester, September 26, 1849. G. H. MUMFORD.

 

Certificate from H. Humphrey, Esq., Counselor at Law, and one of the Su-
pervisors of the City of Rochester,

Ihave examined the above work and fully concur in the foregoing views.
Rochester, September 26, 1849. H. HUMPHREY.

 

From Hon. Samuel L. Selden, one of the Justices of the Supreme Court.

Having given the work above referred to a hasty examination, I concur in
the opinion expressed by Mr. Mumford. SAMUEL L. SELDEN.

 

From N. T. Rochester, Esq., who is now, and has been for the last twelve years,
Clerk of the Board of Supervisors of Monroe County.

Ihave examined the above work of Mr. Goss, and concur in the statement
of Mr. Mumford, and would further say that it will be found to be particularly
useful to the Clerks of Boards of Supervisors, and to new members of such
Boards. N. T. ROCHESTER,

Clerk of the Board of Supervisors of Monroe Co.

Rochester, September 26, 1849.

 

From Isaac R. Elwood, Counselor at Law, and late Clerk of the Senate of
this State.

From a hasty examination of the Supervisor's Book, prepared by E. Goss,

Esq., I believe it will prove to be a convenient book of reference, and very

 

useful to an important class of officers. ISAAC R. ELWOOD.
Rochester, September 26, 1849.
I concur in the above. A. GARDINER.

 

From the then Secretary of State.

Secretary’s Office, Albany, Dec. 24, 1849.
Sir,—I have examined with as much care as leisure would permit, your
book designed for the use and guidance of Supervisors. The work is well
arranged, and will greatly facilitate Supervisors in the proper discharge of
their duties. Very respectfully yours,
CHRISTOPHER MORGAN.
SUPERVISOR’S BOOK.

 

Oath of Office.

I do solemnly swear, a affirm,) that I will support
the Constitution of the United States, and the Consti-
tution of the State of New York, and that I will faith-
fully discharge the duties of the office of Supervisor

of the town of yand County of
according to the best of my ability..
1 BR. &, 845.

Every person chosen or appointed to the office of
Supervisor, before he enters on the duties of his office,
and within ten days after he shall be notified of his
election or appointment, shall take and subscribe be-
fore some Justice of the Peace or Commissioner of
Deeds, the oath of office prescribed in the sixth article
of the Constitution of this State. Act of 1838, p. 133.

This oath may also be taken before the Town
Clerk, 12.8, p. 631, sec. 76.

It shall be the duty of the Supervisors of every town f2Pons ty.
in those counties where all the poor are not a county ig ths ee
charge, to report to the Clerk of the Board of Super- i
visors, 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 shall ex-
hibit the number of paupers that have been relieved
or supported in such town the preceding year, specify-
ing the number of county paupers and of town
paupers, the whole expense of such support, and speci-
fying the allowance made to Overseers, Justices, Con-
stables, or other officers, and any other items which
Duty of,
Clerk

Penalty for
neglect.

POOR REPORTS BY SUPERVISORS.

shall not comprise any part of the actual expense of
maintaining the paupers.

The said abstracts shall be delivered by the Clerk
of the Board of Supervisors to the County Superin-
tendents, to be included by them in their report afore-
said.

12.8. p, 632, sec. 78.

Any Supervisor who shall neglect or refuse to make
such reports, abstracts, or copies aforesaid, or who
shall wilfully make any false report, shall forfeit one
hundred dollars.

Norz.—References herein made to the R. 8., mean

the ist edition.

Poor Report 'by Supervisor.

The Supervisor of the town of Sweden, in the coun-
ty of Monroe, reports to the Clerk of the Board of Su-
pervisors under sec. 76, title 1, of chap. 20, as follows :

The number of paupers relieved or supported in said
town during the year preceding the day of
18 , as appears from the accounts of the Overseers
of the Poor, was ; of the persons thus relieved
the number of County paupers was ; the number
of Town paupers was
The whole expense of such support was $
Allowance to Overseers for support of Coun-

ty paupers
Do. :

do. Town paupers,
Do. do. for their services,
Do. do. for transportation of
paupers,
Do: made to Justices,
Do. to Physicians for medi-

cine and attendance,
Of the whole number of paupers relieved by the
Overseers during the year, they report that there

were foreigners ; lunatics ; idiots,
and mutes. The number of paupers under their
charge at the time of auditing their accounts, is stated
at » of which were males, and fe-
males.

I hereby certify, that the foregoing is a correct ab-
VACANCIES.

stract of the accounts of the Overseers, (or Overseer,
if there be but one,) of the Poor, of the town of Swe-
den, for the year ending on the day of

18 ,asthe same have been settled by the Board of
Town Auditors.

Dated this day of is.
ROBERT STAPLES, Supervisor.

This report is only to be made by the Supervisors
of those Counties where all the poor are not a County
charge, and is therefore not required in Counties where
the distinction between town and county poor has
been abolished. The question has arisen, whose duty
is it to make this report? The Supervisor in office, at
the time the accounts are audited, or his successor,
either can make the report ; but if the former neglects
to do it, it must be done by the latter, or he will forfeit
the penalty ; for the former is excused on the ground
that his term of office expires before the expiration ot
the fifteen days limited by law for making the report.
It has been the practice in some Counties to neglect
making such report until the Board of Supervisors
meet, and date the report at that time. This practice
is not only in violation of the Statute, but is attended
with difficulty in ascertaining the facts, as you have in
the latter case to get the items from the accounts of
parts of two years, and only a part of which accounts
have been settled by the Town Auditors, and therefore
such report would be likely to be incorrect.

Vacancies. 1 R. 8, 848.

In the office of Supervisor, may be supplied by a
special town meeting to be called by the Town Clerk
within eight days after the happening of such vacan-
cy. If such call is not made, or the electors shall not,
within fifteen days after the happening of such vacan-
cy, supply the same by an election at town meeting,
the same shall be supplied by the Justices of the town.
10

Constable’s
Bond.

CONSTABLE’S BOND.

Constables. 1 .R. &., 346.

Every person chosen or appointed to the office of
Constable, before he enters on the duties of his office,
and within eight days after he shall be notified of his
election or appointment, shall take and subscribe the
oath of office prescribed by the Constitution, and shall
execute in the presence of the Supervisor, or Town
Clerk of the Town, with one or more sureties to be ap-
proved by such Supervisor or Town Clerk, an instru-
ment in writing, by which such Constable and his
sureties shall jointly and severally agree to pay to each
and every person who may be entitled thereto, all such
sums of money as the said Constable may become lia-
ble to pay, on account of any execution which shall
be delivered to him for collection.

Form of Constables Bond.

Alexander Babcock having been elected Constable
of the town of Pittsford, in the county of Monroe, at
the annual town meeting held on the sixth day of
March, 1849, and Augustus Hard as surety, 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 Constable may become liable to pay
on account of any execution which shall be delivered
to him for collection.

Dated the 10th day of March, 1849.

ALEXANDER BABCOCK, [L. s.]
AUGUSTUS HARD, [x. 8.]
Supervisor's Approval of Constable's Bond.
Town of Pittsford, ss :

I hereby approve of the within bond and the surety
therein named. .

Dated March 10th, 1849.
W. M. HUNTINGTON, Supervisor.
HIGHWAYS.

The above approval is to be endorsed upon the
Bond. The Supervisor is frequently called upon to
draw these Bonds, and therefore the forms are here
given.

Commissioner of Highways. Act of 1845, p. 183.

Every Commissioner of Highways hereafter to be
elected or appointed, 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 Su-
pervisor by an endorsement thereon, and filed with
him, in the penal sum of one thousand dollars, condi-
tioned that he will faithfully discharge his duties as
such Commissioner, and within ten days after the ex-
piration of his term of office, pay over to his succes-
sor what money may be remaining in his hands as
such Commissioner, and render to such successor a
true account of all monies received and paid out by

him as such Commissioner.
Form of

Know all men by these presents, that we, Solomon Bont
Stone, Othniel Stone, and Caleb Nye, jr., of Pittsford,
in the county of Monroe, are held and firmly bound
unto Ephraim Goss, Supervisor of the town of Pitts-
ford aforesaid, in the penal sum of one thousand dol-
lars, to be paid to the said Supervisor, his successor or
successors in office, for which payment well and truly
to be made, we jointly and severally do bind our-
selves, our heirs, executors and administrators, firmly
by these presents.

As witness our hands and seals this 12th day of
March, 1847.

The condition of the above obligation is such, that
if the above bounden Solomon Stone, who has been
duly chosen a Commissioner of Highways of said town
Appointment
of Coramis-
sioners.

.

BOARD OF EXCISE.

of Pittsford, shall faithfully discharge his duties as such
Commissioner, and within ten days after the expira-
tion of his term of office, shall pay over to his succes-
sor what money may be remaining in his hands as
such Commissioner, and render to such successor a
true account of all moneys received and paid out by
him as such Commissioner, then the above obligation
to be void, otherwise to remain in full force and virtue.

SOLOMON STONE, [t. s.]
OTHNIEL STONE, [t. s.]
CALEB NYE, Jr, [u-s.]

Sealed and delivered {
in presence of

Eparam Goss.

Approval by Supervisor.

Town of Pittsford, ss:
I approve of the within Bond and the sureties there-
in named. Dated March 12th, 1847.
EPHRAIM GOSS, Supervisor.

 

An Act to Suppress Intemperance, and to Regulate
the Sale of Intoxicating Liquors, passed April 16,
1857.

The People of the State of New York, represented in Senate and

Assembly, do enact as follows :

Sxcrion 1. There shall be appointed, on the second
Tuesday of May next, by the County Judge and the
two Justices of the Sessions, or a majority of them, ot
which the County Judge shall be one, in each of the
counties of this State, (except the city and county of
New York, wherein the Chief Justice of the Superior
Court, the presiding Judge of the Court of Common
Pleas, and the Recorder of the city, or any two of
them, shall appoint,) at the place where the County
Courts are required to be held, three reputable free-
holders, residents of the County, who shall be the Com-
missioners of Excise for their respective counties, and
BOARD OF COMMISSIONERS. 13

shall be known as the Board of Commissioners of.
Excise. The said County Judge and Justices, and in
the city of New York, the Chief Justice of the Supe- °
rior Court, the presiding Judge of the Court of Com-
mon Pleas, and the Recorder of the city, shall meet at
the time and place aforesaid, and divide the said Com-
missioners in three classes, by lot. The Commission-
er assigned to the first class shall hold his office until
the first day of January, eighteen hundred and fifty-
nine; the Commissioner in the second class, until the
first day of January, eighteen hundred and sixty-one,
and the Commissioner in the third class, until the first
day of January, eighteen hundred and sixty-three, and
one Commissioner in every two years thereafter, as the
term of office shall expire, shall be appointed on the
second Tuesday of May in such year, at the place and
by the authorities above provided, who shall hold his
office for six years from the first day of January fol-
lowing his appointment. In case of a vacancy in the
office of County Judge, the appointment of Commis-
sioners shall be made by the Justices of the Sessions.
In case of a vacancy by death, or otherwise, in the
Board of Commissioners, such vacancy shall be filled
by the said Judge and Justices, or by the said Chief
Justice of the Superior Court, the presiding Judge of
the Court of Common Pleas, and the Recorder of the
city of New York, for the unexpired term of such
Commissioner. Every Commissioner, before he shall
enter upon his duties, shall take and subscribe the oath
prescribed by section 1, article 12 of the Constitution.

Sec. 2. The Commissioners of Excise shall meet in The Commis

their respective counties, at the place aforesaid, on the meet and
third Tuesday of May, in each year, and on such other fe."
days as a majority of the Commissioners shall appoint,
not exceeding ten days in any one. year, and in the
city of New York not exceeding fifty days, for the
ae of pas licenses as hereinafter prescribed.
hey shall have power to grant licenses to keepers of
inns, taverns, or hotels, being residents of the town or
city where such inn, tavern, or hotel is proposed to be
kept, to sell strong and spirituous liquors and wines to
be drunk in their houses respectively ; and to store-
14

Book of
Minutes.

BOARD OF COMMISSIONERS.

keepers, being such residents, a license to sell such
liquors and wines in quantities less than five gallons,

’ but not to be drank in their shops, houses, out-houses,

yards or gardens ; and they shall have the power to
determine the sum to be paid for a license by each
person applying, which sum shall be as follows: In
towns and incorporated villages, not less than thirty
dollars, nor more than one hundred dollars; and in
cities, not less than thirty dollars, nor more than two
hundred and fifty dollars ; no license shall be granted
to any person or firm to sell in more than one place.

Sec. 8. They shall keep a book of minutes of all
their proceedings, in which shall be entered every reso-
lution passed by them, granting a license to any per-
son with the sum required to be paid, which minutes
shall be verified by their signatures, and filed with the
Town Clerk of the town for which such license shall be
granted, and in the several cities of the State, with the
City Clerk, within eight days thereafter.

Sec. 4. All licenses shall be signed by the Commis-
sioners granting the same. They shall not be issued
until the requirements fixed by the Board shall have
been complied with. When issued, they shall be in
force, unless revoked, until ten days after the third
Tuesday in May next succeeding the granting of such
license, and in the city of New Tok until fifty days
thereafter. :

Sec. 5. Each of said Boards of Commissioners of
Excise shall have the right to appoint a Clerk for the
time they may be actually in session, in accordance
with the provisions of this act ; such Clerk to receive
the same compensation as is allowed by this act to
each of the Commissioners. They shall keep a book
of Minutes of Proceedings, in which shall be entered
the names of all applicants for license ; and they shall
also enter on said book a list of all licenses granted,
with the names of the parties to whom the same are
granted, and the names of the securities to the bond
required in each case. The said Book of Minutes shall
be deposited in the office of the County Clerk. No
fee or reward shall be taken by any Board of Excise,
or by any member thereof, or by any clerk thereof,
QUALIFICATIONS OF APPLICANT. 15.

for any license to keep an inn, tavern or hotel, or
to sell strong or spirituous liquors, or for any ser-
vice required of such Board, nor shall any compen-
sation be retained by any such Board, or by any
member thereof, or by any Clerk thereof, out of the
excise money, but the whole amount thereof shall be
paid over to the County Treasurer for the use of
the poor in the several counties; but the persons
composing such Board of Excise, shall be entitled each
to receive the sum of three dollars per day for services
actually performed, to be allowed and paid in like
manner as other county charges, and no other or
greater compensation shall be allowed. The expenses
of procuring necessary books for minutes and necessary
blanks, when actually incurred, shall be audited and
paid in like manner as other county charges.

Sec. 6. License shall not be granted to any person fice’ ™

to sell strong and spirituous liquors and wines to be
drank on the premises of the person licensed, unless
such person proposes to keep an inn, tavern or hotel,
nor unless the Commissioners are satisfied that the ap-
plicant is of good moral character, that he has suffi-
cient ability to keep an inn, tavern or hotel, and the
necessary accommodations to entertain travelers, and
that an inn, tavern or hotel is required for the actual
accommodation of travelers at the place where such
applicant resides, or proposes to keep the same ; all of
which shall be expressly stated in such license ; and
no such license shall be granted except on the petition
of not less than twenty respectable freeholders (of this
State,) residing in the election district where such inn,
tavern or hotel is proposed to be kept, by them duly
signed and verified by the oath of a subscribing wit-
ness ; and not then unless in the opinion of the Com-
missioners such inn, tavern or hotel is necessary or
proper; and not more than one license shall be granted:
on the memorial-of the same petitioners, or any of
them. All petitions upon which such licenses shall
be granted, shall be filed with the County Clerk within
sinh days. And in case the Commissioners shall

ant any license contrary to the provisions of this act,
they shall be deemed guilty of a misdemeanor.
16

Bond to be
executed.

Inn-Keeper’s
Accommoda-
tions.

Sbatl set up
sign.

Shall not

trust any
erson for
liquor, @x-

cept lodgers.

ACCOMMODATIONS BY INN-KEEPERS.

Sec. 7. Nor shall such license to keep an inn, tavern
or hotel be granted until the applicant shall have exe-
cuted and delivered to the Board of Commissioners
(of Excise,) herein provided, a bond to the people of
this State, in the penal sum of two hundred and fifty
dollars, with sufficient sureties, who shall duly justity
in the sum of five hundred dollars, to be approved by
the Board of Commissioners, with a condition that
such applicant, during the time that he shall keep any
inn; tavern, or hotel, will not suffer it to be disorderly,
or suffer any gambling, or keep a gambling table of
any description, within the inn, tavern or hotel so kept
by him, or in any out-house, yard or garden belong-
ing tuereto.

Sec. 8. Every keeper of an inn, tavern or hotel in
any of the towns or villages of this State, shall keep in
his house at least three spare beds for his guests, with
ae and sufficient bedding, and shall provide and

eep good and sufficient stabling and provender of hay
in the winter, and hay or pasturage in. the summer,
and grain for four horses or other cattle, more than his
own stock, for the accommodation of travelers. And
every keeper of an inn, tavern or hotel in the cities of
this State, shall keep at least three spare beds and the
necessary bedding for the accommodation of travelers.
For every neglect or default in having either of the
articles herein required, such keeper shall forfeit ten
dollars, to be recovered by the Overseers of the Poor,
for the use of the poor.

Sec. 9. Every inn, tavern or hotel keeper, licensed
under the provisions of this act, shall, within thirty
days after obtaining his license, put up a proper sign
on or adjacent to the front of his house, with his name
thereon, indicatiug that he keeps an inn, tavern or
hotel; and he shall keep up such sign during the time
that he keeps an inn, tavern or hotel. For every
month’s neglect to keep up such sign, he shall forfeit
ten dollars.

Sec. 10. No inn, tavern or hotel keeper, who shall
trust any person other than those who may be lodgers
in his house, for any sort of strong or spirituous liquors
or wines, shall be capable of recovering the same, by
GROCER’S LICENSE. 17

any suit. All securities given for such debts, shall be
void ; and the inn, tavern or hotel keeper taking such
securities, with intent to evade this provision, shall
forfeit double the sum intended to be secured thereby.

Sec. 11. In all licenses that may be granted, (except-ctause pro-
ing to inn, tavern or hotel keepers,) to sell strong or fie agak.
spirituous liquors or wines in quantities less than five ™ premises.
gallons, there shall be inserted an, express declaration
that such license shall not be deemed to authorize the.
sale of any strong or spirituous liquor or wine, to be
drank in the house or shop of the person receiving
such license, or in any out-house, yard, or garden ap-
pertaining thereto, or connected therewith.

Sec. 12. Such licenses shall not be granted unless gtore-keep-
the Commissioners are satisfied that the applicant is of es Bont
good moral character, nor until such applicant shall
have executed a bond to the people of this State, in
the penal sum of five hundred dollars, with sufficient
sureties, who shall duly justify in the sum of one thou-
sand dollars, to be approved by the Commissioners,
and to be delivered to the Commissioners, conditioned
that during the term for which his license shall be
granted, he will not suffer his place of business to be-
come disorderly, that he will not sell, or suffer to be
sold, any strong or spirituous liquors or wines to be
drank in his shop or house, or in any out-house, yard,
or garden appertaining thereto, and that he will not
suffer any such liquor sold by virtue of such license,
to be drank in his shop or house, or in any out-house,
yard, or garden belonging thereto; and whenever any
person is seen to drink in such shop or house, out-
house, yard, or garden belonging thereto, any spiritu-
ous liquor or wine forbidden to be drank therein, it
shall be prima facie evidence that such spirituous
liquors or wines were sold by the occupant of such
premises, or his agent, with the intent that the same
should be drank therein. On any trial for the offence
last aforesaid, such occupant or agent may be allowed
to testify respecting such sale.

Sec. 18. Whoever shall sell any strong or spirituous penalty for
liquors or wines in quantities less than five gallons at*"s-
18 BOND TO COMMISSIONERS.

a time, without having a license therefor, granted as
herein provided, shall forfeit fifty dollars for each of
fence. a

Penalty for'_ See. 14. Whoever shall sell any strong or spirituous
epee liquors or wines, to be drank in his house or shop, or
without hav any out-house, yard, or garden appertaining thereto,
wkiivense. or Shall suffer or permit any such liquors or wines sold
by him or under his direction or authority to be drank

’ in his house or shop, or in any out-house, yard or gar

den thereto belonging, without having obtained a

license therfor as an inn, tavern, or hotel keeper, shall

forfeit fifty dollars for each offence.

Penalty fc 1 , .
rami Sec. 15. No inn, tavern or hotel keeper, or any

any Indian, Other person licensed to sell any strong or spirituous

nor. liquors or wines, shall sell or give away any such
liquors or wines to any Indian, or apprentice, knowing
or having reason to believe him to be such, without the
consent of his master or mistress, nor to any minor
under the age of eighteen years, without the consent
of his father or mother, or guardian. Whoever shall
offend against either of these provisions, shall forfeit
ten dollars, to be recovered by the master of such ap-
prentice or servant, or by the parent or guardian of
such minor; and any person who shall sell or give
away any strong or spirituous liquor to any Indian in
this State, shall be deemed guilty of a misdemeanor,
and on conviction shall be liable to a fine of twenty-
five dollars for each and every offence.

Oficerswho Sec. 16. It shall be the duty of every Sheriff, under-
“Sheriff, deputy-Sheriff, Constable, Marshal, Policeman,
or officer of police, to arrest all persons found actually
engaged in the commission of’ any offence in violation
of this act, and forthwith to carry such person before
any Magistrate of the same city or town, to be dealt
with according to the provisions of this act; and it
shall be the duty of such Magistrate, on sufficient proof’
that such offence has been committed, unless such per-
son shall elect to be tried before such Magistrate, to
require a bond to be executed by such offender, in the
pena] sum of one hundred dollars, with sureties, who
shall justify in double the amount severally, condition-
INTOXICATED PERSONS. 19

ed that such offender will appear and answer the
charge at the next term of the Court of Oyer and Ter-
miner, or Sessions, to be held in said county, and abide
the order and judgment of the Court thereon, or to
commit such offender to the county jail until such
judgment of said Court, or until he be discharged ac-
cording tolaw. And it shall be the duty of the Mag-
istrate to entertain any complaint of a violation of this
act, made by any person under oath, and forthwith to
issue a warrant, and cause such offender to be brought
before him, to comply with the provisions of this sec-
tion ; and such Magistrate shall, within ten days,
cause such bond, together with all papers and affidavits,
with a list of the persons and residences of the com-
plainants and witnesses examined before him, to be
delivered to the District Attorney of the County,
whose duty it shall be forthwith to prosecute the same.

Sec. 17. It shall be the duty of every such officer, Duty of oft-
whenever he shall find any person intoxicated in any toxicated
public place, to apprehend such person and take him"
before some Magistrate of the same city or town, and
if such Magistrate shall, after due examination, deem
him too much intoxicated to be examined, or to answer
on oath correctly, he shall direct said officer to keep
him in some jail, lock-up, or other safe and convenient
place, until he shall become sober, and thereupon forth-
with to bring him before said Magistrate ; and_when-
ever any person shall be brought before any Magis-
trate, as provided in this section, it shall be the duty
of such Magistrate to administer to such person an
oath or affirmation, and examine him as to the cause
of such intoxication, and to ascertain the person or
persons, who sold or gave the liquor to sueh person ;
such intoxication being hereby declared to-be an of
fence against the provisions of this act, punishable
upon conviction by a fine of ten dollars and costs at
the same rate as in Courts of Special Sessions, and im-
prisonment in the county jail, work-house or peniten-
tiary until paid, not however to exceed ten days. It
shall be the duty of such officers to arrest, or cause to
be arrested, all such persons when so intoxicated, and
20 INTOXICATION, AN OFFENCE.

of the magistrate to entertain such complaints and
make such examination, under the penalty of fifty dol-
lars, with full costs of suit, for any neglect to comply
with the provisions of this section.

Nottoseto Sec. 18. Whoever shall sell or give away any strong

intoxicated or spirituous liquors or wines, or shall suffer any such
liquors or wines to be sold or given away, under his
direction or authority, to any intoxicated person, shall
forfeit not less than ten, nor more than twenty-five dol-
lars for each offence.

Magistrates Sec, 19. It shall be the duty of Magistrates and

tiesto deal- Overseers of the Poor, in any town or city, on com-

faite,  plaint and satisfactory proof by a wife, that her hus-

drinkers. hand is an habitual drinker of intoxicating liquors, to
issue written notices to all dealers in intoxicating
liquors against whom such complaint is made, forbid-
ding the sale or giving of such liquor to such husband
for the term of six months from the date of the notice,
under a penalty of fifty dollars with costs for each and
every sale or giving of such liquor after such notice
shall have been given, to be sued for in her own name,
and for her own use. It shall be the duty of such
Magistrates and Overseers of the Poor to forbid the
sale in like manner in all cases, when a husband shall
make like satisfactory proof concerning the wife, and
all the provisions of this section shall apply the same
in either case. It shall be the duty of the Magistrates
and Overseers of the Poor, when like proof is made
by a parent concerning a child, who is a minor under
the age of twenty-one years, or by a child concerning
a parent, to forbid the sale in like manner ; and all the
provisions of this act shall apply as in other cases
named above.

Unlawfulto Sec. 20. It shall not be lawful, under the provisions

selltodrunk- . ° . . :

ardsand pau- Of this act, to sell intoxicating liquors to any person

Per guilty of habitual drunkenness, nor to any person
against whom the seller may have been notified by
parent, guardian, husband or wife, from selling intoxi-
cating liquors, and every party so selling or retailing
intoxicating liquors, shall, on proof thereof before any

Court of competent jurisdiction, be deprived of his
SELLING TO DRUNKARDS FORBIDDEN. 21

license to sell, and shall not be allowed a renewal of
said license, and in addition, on conviction, shall be
punished by a fine of not less than twenty dollars, nor
more than fifty dollars, for each and every violation of
the provisions herein set forth. If any inn, tavern, or
hotel keeper, or any other person or persons whatso-
ever, knowingly, (outside of any poor-house,) shall sell
or give to any pauper or inmate of any poor house or
alms house, strong or spirituous liquors or wines, such
person or persons so offending shall be fined twenty-
five dollars, and be guilty of a, misdemeanor, and on
ees shall be imprisoned not more than sixty
ays.

Sec. 21. No inn, tavern or hotel keeper, or person Unlawful to
licensed to sell liquors, shall sell or give away any in- a eran
toxicating liquors or wines on Sunday, or upon any *"
day upon which a general or special election or town
meeting shall be held, and within one quarter of a
mile from the place where such general or special elec-
tion or town meeting shall be held, in any of the cities,
villages or towns of this State, to any person whatever,
as a beverage. In case the election or town meeting
shall not be general throughout the State, the provi-
sions of this section in such case shall only apply to
the city, county, village or town in which such election
or town meeting shall be held. Whoever shall offend
against the provisions of this section, shall be guilty
of a misdemeanor, and on conviction shall be im-
prisoned in the county jail, work house or penitentiary,
not more than twenty days.

Sec. 22. The penalties imposed by this act, except Who to sue
the penalties seovded for by coe eight, fifteen and eee
nineteen, shall be sued for and recovered in the name
of the Board of Commissioners of Excise, and paid
over to the Treasurer of the County, for the support of
the poor of the county.

Sec. 23. Every bond taken pursuant to the provis- Where bond
ions of this act shall, within ten days after the execu- ;
tion of the same, be filed in the office of the Clerk of
. the town or village in which the license shall be grant-
ed, and in the cities in the city clerk’s office.
22: SUPERVISOR AND OTHERS TO PROSECUTE.

whatoficers Sec, 24. Whenever a breach of the condition of such

‘osne bone: bond, given upon the granting of any license, shall
happen, it shall be the duty of the Commissioners of
Excise, the Supervisor of the Town, Mayor of the City,
or Trustees of the Village, in which the person who
shall incur the penalty, shall reside, to prosecute the
same, and recover the penalty thcretor.

Statement of See, 25. Whenever any conviction or judgment shall

conviction to 5 : x

be sentto be obtained against any person licensed to sell strong

Sessions: or spirituous liquors or wines, for any violation of the
provisions of this act, either in a suit for a penalty, or
in a suit upon a bond given by such person, it shall be
the duty of the Justice or Court before whom the same
shall be had, to transmit to the next Court of Sessions
of the County, a statement of such conviction or judg-
ment and of the offence for which it was obtained.

Revoertion Sec, 26. The said Court shall cause the person or

em’ persons against whom such conviction or judgment

was obtained, to be notified to appear on such day as

the Court shall appoint, to show cause why any such

license that may have been granted to him or them

should not be revoked. At the day appointed, and on

such other days as the Court shall appoint, it shall

proceed to inquire into the circumstances, and shall

revoke the license granted to the person or persons
violating the provisions of this act.

License not Sec. 27. The person whose license shall be revoked,

ed. shall be incapable of receiving any such license to sell
strong or spirituous liquors or wines, for the space of
three years from the time of such revocation.

Private dam: Sec. 28. Any person who shall sell any strong or

lawful sale. Spirituous liquors or wines to any of the individuals to
whom it is declared by this act to be unlawful to make
such sale, shall be liable for all damages which may be
sustained in consequence of such sale, and the parties
so offending may be sued in any of the Courts of this
State, by any individual sustaining such injuries, or
by the Overseers of the Poor of the Town where the
injured party may reside, and the sum recovered shall
be for the benefit of the party injured.

Sec. 29. It shall be the duty of Courts to instruct
ANY OTHER PERSON TO PROSECUTE. 23

Grand Jurors to inquire into all offences against the
provisions of this act, and to present all offenders un-
der this act, and also all persons who may be charged
with adulterating imported or other intoxicating liquors
with poisonous or deleterious drugs or mixtures, or
selling the same, or with knowingly importing or sell-
ing intoxicating liquors or wines adulterated with poi-
sonous or deleterious drugs or mixtures ; which offen-
ces are hereby declared to be misdemeanors, to be
punished by imprisonment in the penitentiary, work-
house or jail, for a period of three months, and by a
fine of one hundred dollars. ;

Sec. 30. In case the parties or persons whose duty it
is, by the provisions of this act, to prosecute, shall
neglect to prosecute for any penalty provided by this
act, for the period of ten days after complaint to them
that any provision of this act has been violated, ac-
companied with reasonable proof of the same, any
other person may prosecute therefor, in the name of
the Board of Commissioners of Excise.

Sec. 31. All incorporated companies and persons in Incorporated
this State engaged in conveying passengers, including are prohibit
especially all railroad, steamboat and ferry companies, “hyve
and all kinds of corporations conveying, for hire, per- rynpe'®
sons or property, shall be, and hereby are required to
refuse employment to all persons who, on good and
sufficient proof, shall be shown to indulge in the intem-
perate use of intoxicating drinks, and any such com-
pany which shall retain in its employ any person or
persons who shall, on competent proof, be shown to be
intoxicated at any period while in the active service of
said company or persons, either as engineer, conduct-
or, fireman, switch-tender, comniander, pilot, mate or
foreman, or be in any way connected with the moving
power or management, or whose duty, if neglected,
would diminish the safety and security of life, limb, or
property entrusted thereto, said company or corpora-
tion shall be liable to pay a sum of not less than fifty
dollars, nor more than one hundred dollars, to the
County Treasurer in the County where the offence may
be committed, and proved before any Court of compe-
tent jurisdiction.
24

Defendant
not entitled

REPEAL OF MAINE LAW.

Sec. 32. In any judgment rendered or recovered on

toliberties of any bond to be given under this act, or for any penalty

the jail.

Repeal.

incurred under this act, the person or persons against
whom such judgment shall be rendered, shall not be
entitled under any executions issued on such judgment
to the liberties of the jail.

Sec. 33. Title nine of chapter twenty of the first
part of the Revised Statutes and the.act entitled “ An
Act for the Prevention of Intemperance, Pauperism
and Crime,” passed April 9th, 1855, and all other acts
inconsistent with the provisions of this act are hereby
repealed.

Sec. 34. This act shall take effect immediately.

Strate or New York,
Secretary's Office. }

Ihave compared the preceding
with the original law on file in this office, and do here-
by certify, that the same is a correct transcript there-
from and of the whole of said original.

 

Given under my hand and seal of dffice,

ne at the city of Albany, this twenty-eighth
"" § day of April, in the year one thousand

—~— eight hundred and fifty-seven.

N. P. STANTON,

Dep. Secretary of State.
EXPLANATORY NOTES AND FORMS.

See. 1. Appointment of Commissioners of Excise.

This section does not prescribe how the appointment
shall be made, or how the Commissioners may be noti-
fied of their appointment, but it is suggested as a ne-
cessary precaution, that the appointment be made in
writing, after the following. form, and that a copy
thereof be served by the officers making such appoint-
ment upon each of the Commissioners appointed, and
that the original appointment be filed in the County
Clerk’s office, and that the Commissioners take the
oath prescribed in the Constitution, before the County
Clerk, the same as County Officers.

Form of the appointment of Commissioners of
Excise :
Strate or New York, |
Monroe County. { =
We, the County Judge and
the two Justices of the Sessions, (or “one of the Jus-
tices of the Sessions,” in case only one concurs in such
appointment,) of said County of Monroe, do hereby
certify, that in pursuance of an act of the Legislature
of this State, entitled “An Act to Suppress Intemper-
ance, and to Regulate the Sale of Intoxicating Liquors,”
passed April 16, 1857, we met at the Court House in
said County, the place where the County Courts are
held, on the second Tuesday of May, 1857, and ap-
pointed Richard Roe, James Jackson and Peter Nix,
26

COMMISSIONERS OF EXCISE.

three reputable free-holders, residents of ‘said county,
Commissioners of Excise in and for said County, un-
der and by virtue of said act, and that also pursuant
to said act, we met at the time and place aforesaid,
and divided the said Commissioners into three classes
by lot, and that by such division, the said Richard
Roe was assigned to the first class, James Jackson to
the second class, and Peter Nix was assigned to the
‘third class.

Given under our hands and seals, the 12th day of
May, A. D., 1857.

Justices of the [L. s.]
Sessions. _—[L. s.]

County Judge, [z. s.]

Sec. 2. The Commissioners of Excise.

It is their duty to meet in their respective counties,
on the third Tuesday of May, in each county, at the
place where the County Courts are held, for the pur-
pose of receiving applications for licenses; the first
meeting occurs on the 19th of May, 1857; they have
the power to appoint a clerk, and it would seem pre-
per that one of their number should be appointed
chairman. ‘This section provides that they shall have
power to grant licenses. All of the members of the
Board of Commissioners, no doubt, must meet, but a
decision of a majority, (or two,) to grant or refuse a
license will be legal. The reading of this section is
substantially the same as the fourth section of the ex-
cise law, in first Revised Statutes, page 678, and under
that law the Court held in ist John. R., p. 500, and
2d John., Cases, p. 345, that a decision of a majority,
(or two,) of the three would be legal. The decision of
the Board of Commissioners, or of a majority thereof
to grant or refuse a license is final with them, there is
INN-KEEPER’S LICENSE.

no appeal from such decision. It has been so held by
our Courts under the old law, and this discretion in the
board is continued under the new law, in clear terms,
especially by the sixth section of this act.

The Court of Sessions of the County has however
the right to revoke or annul the license of a person,
against whom a conviction or a judgment shall have
been obtained for any violations of this act, either in
a suit for a penalty or in a suit upon a bond given by
such persons. See sections 25 and 26, of this act.

Inn, Tavern, or Hotel Keeper's License.

‘We, the Board of Commissioners of Excise in and
for the County of Monroe, being satisfied that John
Doe, who is a resident of the town of Pittsford in said
county, and who has applied to said board for a li-
cense to sell strong and spirituous liquors and wines,
as an inn, tavern, or hotel keeper, under the act, enti-
tled “An Act to Suppress Intemperance, and to Re-
gulate the Sale of Intoxicating Liquors,” passed April
16, 1857, is of good moral character, that he has suffi.
cient ability to keep an inn, tavern, or hotel, and the
necessary accommodations to entertain travelers, and
that an inn, tavern, or hotel is required for the actual
accommodation of travelers at the place where he
resides, and proposes to keep the same, do hereby
license him to sell strong and spirituous liquors and
wines, to be drank in his house in said town, where he
proposes to keep an inn, tavern, or hotel, as aforesaid,
until ten days after the third Tuesday in May next,
and no longor, (if in the city of New York,) “until
fifty days after the third Tuesday in May next, and no
longer.” :

Given under our hands at Rochester, in said Coun-
ty, the day of May, 1857.

Board of Commission-
ers of Excise.

27
[NN-KEEPER’S BOND.

Inn Keeper's Bond.

Know all men by these presents, that we, John Doe,
A. B., and C. D., of the Town of Pittsford, in the Coun-
ty of Monroe, are held and firmly bound unto the
people of the State of New York, in the penal sum of
two hundred and fifty dollars, for the payment of
which sum to said people, we bind ourselves, our heirs,
executors and administrators, jointly and severally,
firmly, by these presents, sealed with our seals and
dated the day of May, 1857.

The condition of this obligation is such, that where-
as the said John Doe proposes to keep an inn, tavern
or hotel in the house occupied by him, in said town,
and has made application to the Board of Commis-
sioners of Excise of said County, for a license to sell
strong and spirituous liquors and wines, during the
ensuing year, to be drank in his said house, under and
by virtue of an act, entitled “An Act to Suppress In-
temperance, and to Regulate the Sale of Intoxicating
Liquors,” passed April 16, 1857. Now, therefore, if
the said John Doe, during the time he shall keep an
inn, tavern, or hotel, shall not suffer it to be disorderly,
or suffer any gambling, or keep a gambling table of
any description, within the inn, tavern, or hotel, so
kept by him, or in any out-house, yard or garden be-
longing thereto, then this obligation to be void, other-
wise of force.

Sealed and delivered in presence of

Joun Doz, [L. s.]
A.B. Fees]
C.D. [z. 8]

Acknowledgment of Bond.

Monroe County, ss—On the day of May, 1857,
came before me, John Doe, A. B. and C. D. to me
STORE-KEEPER'S LICENSE.

known to be the persons described in and who execut-
ed the above bond, and severally acknowledged ‘the
execution thereof.

L. D. Mircuerz, J. Peace.

Justification of Sureties.

Monroe County, ss——A. B. and C. D., the sureties
named in the above bond, being duly and severally
sworn, do and each for himself doth depose and say,
that he is worth the sum of five hundred dollars, over
and above all debts, demands, liabilities or legal ex-
emptions.

A. B.
Cc. D.
Subscribed and sworn, the day
of 1857, before me, {

L. D. Mrrcsett, J. Peace.

Approval of Bond.

Monroe County, ss—-We, the Board of Commis-
sioners of Excise in and for said County, do hereby
approve of the above bond, and the sureties therein
named.

Dated, the day of May, 1857.

) Board of Commission-
f ers of Excise.

Store-Keeper’s License.

We, the Board of Commissioners of Excise in and
for the County of Monroe, being satisfied that Richard
Roe, of the town of Pittsford, in said county, is of
good moral character, do hereby license him to sell
strong and spirituous liquors and wines in quantities
less than five gallons, until ten days after the third
Tuesday of May next, and no longer. But it is here-
by expressly declared that this license shall not be

.
STORE-KEEPER’S BOND.

deemed to authorize the sale of any strong or spiritu-
ous liquors or wines, to be drank in the house, shop or
store of the said Richard Roe, or in any out-house,
yard or garden appertaining thereto, or connected
therewith.

Given under our hands at Rochester, in said coun-
ty, the day of May, 1857.

Board of Commission-
ers of Excise.

_Store-Keeper’s Bond.

Know all men by these presents, that we, Richard
Roe, James Jackson and Peter Nix, of the town of
Pittsford, in the County of Monroe, are held and
tirmly bound unto the People of this State, in the
penal sum of five hundred dollars, for the payment of
which sum to said People, we bind ourselves, our
heirs, executors and administrators, jointly and sever-
ally, firmly by these presents, sealed with our seals,
and dated the day of May, 1857.

The condition of this obligation is such, that where-
as, the said Richard Roe has applied to the Board of
Commissioners of Excise of said county, for a license
under the act entitled “An Act to Suppress Intemper-
ance, and to Regulate the Sale of Intoxicating Liquors,”
passed April 16, 1857, to sell strong and spirituous
liquors and wines, in quantities less than five gallons,
as a store-keeper, during the ensuing year. Now,
therefore, the condition of this obligation is such, that
if the said Richard Roe, during the term for which his
license shall be granted, shall not suffer his place of
business to become disorderly, and shall not sell, or
suffer to be sold, any strong or spirituous liquors or
wines, to be drank in his shop, store or house, or-in
any out-house, yard or garden appertaining thereto,
STORE-KEEPER’S BOND.

and shall not suffer any such liquor sold by virtue of

such license, to be drank in his shop, store or house,

or in any out-house, yard or garden belonging thereto,
_ then this obligation to be void, otherwise of force.

Sealed and delivered Ricuarp Roz, [1.s.]
in presence of James JACKSON, [L. s.]
Perer Nrx, [L. 8.]

Acknowledgment.

Monroe County, ss.—On the day of May, 1857,
came before me, Richard Roe, James Jackson and
Peter Nix, to me known to be the persons described in,
and who executed the above bond, and severally ac-
knowledged the execution thereof.

L. D. Mrrcuett, J. Peace.

Justification of Sureties.

Monroe County, ss—James Jackson and Peter Nix,
each being duly sworn, severally depose and say, that
he is worth over and above all debts, demands and
liabilities or legal exemptions, the sum of one thous-
and dollars.

Subscribed and sworn this JAMES JACKSON,
day of May, 1857, be- Peter Nix.
fore me,

L. D. M., J. Peace.

‘Monroe County, ss--We, the Board of Commis-
sioners of Excise in and for the County of Monroe, do
hereby approve of the above (or within,) bond, and

_ the sureties therein named.

Dated, May —, 1857.
Board of Commis-
sioners of Excise.

No provision is made in the act for the acknowledg-
ment of the bonds to be executed and delivered to the

31
32

BOOK OF MINUTES.

Commissioners, but in case of suits upon such bonds,
it would be convenient to have them acknowledged.

Applications may be made to the Commissioners to
license keepers of groceries or shops to sell liquor in
quantities less than five gallons, under the second sec-
tion of the act, but it is evident that they have no
power to grant such license ; that the Legislature in-
tended to confine and limit the right to store-keepers
only, for this is the term used in the section referred
to, and the power to grant any such license is derived
from that section only.

Secs. 3 and 5.

The Commissioners, under the third section are re-
quired to keep a Book of Minutes of their proceed-
ings, which relate to the several towns, in order that
the same may be filed therein, and under the fifth sec-
tion they are required to keep a Book of Minutes of
all their proceedings relating to the County, to be filed
in the County Clerk’s office. It is suggested that the
Commissioners first make the Book of Minutes to com-
ply with the fifth section after the form hereinafter
given, and that they comply with the third section by
making an abstract therefrom.

form of Book of Minutes under the fifth Section.

At a meeting of the Board of Commissioners of
Excise in and for the County of Monroe, held at the
Court House in said County on the 12th day of May,
1857,

Present, A. B.

C. D. | comiisoners
E. F.
PROCEEDINGS OF BOARD. 83

The oath prescribed by the Constitution was admin-
istered to each of the Commissioners by the County
Clerk.

On motion of Mx. B., C. D. was appointed Chairman
of this Board.

On motion of Mr. F., G. H. was appointed Clerk of
this Board. .

Mr. D. presented applications from the following-
named persons, supported by the petition in each case
of the required number of free-holders, for licenses as
inn, tavern or hotel keepers, viz: \

Ricaarp Ros, of Rush.

Joan Dor, a
Jas. JACKSON, ff
Peter Nrx, of Mendon.
Joun Srizzs, te

Mr. D. presented applications from the following-
named persons, to be licensed as store-keepers to sell
strong and spirituous liquors and wines, in quantities
less than five gallons : :

Wirt Stites, of Pittsford.
SamuEL OckenpEen, “
Joun Srizzs, of Brighton,
Joun Downtnae, “

On motion, adjourned to 13th instant, at 9 A.M.

Wednesday, May 13, 1857.
The Board met pursuant to adjournment.

Present as on yesterday.

By Mr. D. Resolved, That a license to keep an inn,
tavern or hotel be granted to Richard Roe, of Rush, to
sell strong and spirituous liquors and wines, to be

3
34

PROCEEDINGS OF BOARD.

drank in his house for the ensuing year, and that he
pay therefor the sum of thirty (or one hundred) dollars.

Which resolution was adopted, as follows :
Ayes—Messrs. B. and D.
Nays—F.
Sureties on his Bond,
Joun Dor and Jas. Jackson.

By Mr. B. Resolved, That a license be granted to
John Stiles, of Brighton, a store-keeper, to sell strong
and spirituous liquors and wines, in quantities less
than five gallons, but not to be drank at his place of
business, or on his premises, for the sum of thirty
dollars.

Which resolution was adopted.

Sureties on his Bond,
Perer Nrx and Perer Paywetu.

The ayes and nays need not be taken or entered un-
less demanded by a member of the Board. Insert all
the resolutions in the order in which they are offered
on each day of the session, and at the close add :

On motion of Mr. D., the Board adjourned.
G. H., Clerk.

It may be that the Legislature intended that there
should be a new Book of Minutes every year ; but it
would be preferable to have one Book of Minutes for
several years. As a book of reference it would be
much more convenient ; it is no objection that this act
requires it to be filed in the County Clerk’s office for
safe-keeping, for it can be taken therefrom and the
proceedings of each session of the Board entered.
BOOK OF MINUTES TO BE FILED.

Book of Minutes to be filed in the Office of the
Town Clerk.

At a meeting of the Board of Commissioners of
Excise in and for the County of Monroe, at the Court
House in said County, on the 12th day of May, 1857,
the following-named persons, residing in the town of

in said county, were licensed to
keep an inn, tavern or hotel in said town for the en-
suing year, and to sell strong and spirituous liquors
and wines therein, for the sum set opposite their
names respectively, viz :

Peter Smith, $50,00
John Smith, 50,00

The following-named persons, being store-keepers,
were licensed to sell strong and spirituous liquors and
wines, in quantities less than five gallons, but not to
be drank at their respective places of business, viz :

James Jackson, $30,00
Peter Nix, 30,00
A copy from the minutes. |
A. B. ]
C. D. Commissioners of Excise.
E. F.
Sec. 4.

Licenses are to be in force until the last day of the
Session of the Board the next day after they are
granted, which is ten days after the third Tuesday of
May in each year, except in the City of New York,
which is fifty days thereafter. -

Sec. 5.
The Legislature, no doubt, intended by this Section

35
86

CLERK TO BE APPOINTED.

that the Board should have the power to appoint a
Clerk at each session of the Board, annually. He is
to be appointed and receive compensation for the time
the Board may be actually in session. The compensa-
tion of the Commissioners, as well as the Clerk, and
other expenses incurred by them in the purchase of
books and blanks, are to be credited and paid by the
Board of Supervisors in the several counties, and at
the time of auditing such accounts. Although the act
does not require it, it would seem highly proper that
such Commissioners of Excise should present to, and
have audited by such Board of Supervisors, their ac-
counts for all moneys received and paid over to the
County Treasurer ; for this purpose a book of accounts
might be kept by such Board of Commissioners, charg-
ing such Board with all moneys received for licenses,
and crediting the amount paid to the County Treas-
urer. And in this account book, the committee audit-
ing the same might insert their certificate at the end
of the account audited, to the following effect :

Monroe County, ss—This day appeared betore the
undersigned, a committee of the Board of Supervisors
of said County, A. B., C. D., and E. F., the Board of
Commissioners of Excise in and for said County, and
exhibited their accounts as such Commissioners for
moneys received and disbursed, and having examined
the same we did audit them as above, by which we
find that such Board has received for licenses during
the past year, the sum of $ , and that the
same has been paid to the County Treasurer of said
county, as prescribed by law.

Given under our hands at Rochester, in said county,
the day of October, 1857.

t Committee.
TWENTY FREEHOLDERS REQUIRED.

' Sec. 6.

This section among other things provides that no
license shall be granted to an inn, tavern or hotel keep-
er, except upon the petition of not less than twenty
respectable freeholders residing in the election district
where such inn is proposed to be kept ; and they are
prohibited from signing more than one petition, and
this petition is to be verified by the oath of a subscrib-
ing witness. The signers of the petition are required
not only to be free-holders, but respectable; and
although no amount of the value of such freehold is
stated or required, yet the Legislature, no dopbt, in-
tended that the person signing such petition should be
a bona fide freeholder, and not one made so for the
purpose of becoming such petitioner ; it being a fur-
ther object to have the granting of such license sanc-
tioned by at least twenty persons who were respectable
citizens of the same district, who are taxpayers there-
of, and who, therefore, have a direct personal interest
in the question ; the discretion rests with the Commis-
sioners to grant or withhold a license ; and if from
the papers or from information derived from any other
reliable source, suspicion is cast upon the application
as to any of the matters above referred to, it might be
an additional reason for refusing a license.

Petition of Freeholders.

To the Board of Commissioners of Excise in and for
the County of Monroe:

Your petitioners, freeholders of this State, and
residents of Election District No. 1, in the town of
Henrietta, in said county, would respectfully repre-
sent to your honorable Board that John Doe, who
resides in said election district, and who proposes to.
38

PETITION OF FREEHOLDERS.

keep an inn, tavern or hotel in said election district,
and to make application to your Board for a license to
sell strong and spirituous liquors and wines therein,
under the act entitled “An Act to Suppress Intem-
perance, and to Regulate the Sale of Intoxicating
Liquors,” passed April,16, 1857, is a person of good
moral character; that he has sufficient ability to keep
an inn, tavern or hotel, and the necessary accommoda-
tions to entertain travelers, and that an inn, tavern or
hotel is required for the actual accommodation of
ttavelers at the place where ‘such applicant resides or
proposes to keep the same. And your petitioners
would ask your honorable Board to grant to said appli-
cant such license.

Given under our hands, in the election district, and
at the town aforesaid, the day of May, 1857.

Names of Petitioners.
Signed in the presence of |
_ Richard Roe.
Oath of the subscribing witness :

Monroe County, ss.—Richard Roe, being duly sworn,
deposes and says that he is a resident of the first elec-
tion district, in the town of Henrietta, in said county,
that he is personally acquainted with each of the
signers to the above petition, that he saw them sever-
ally execute the same, and that he subscribed his name

thereto as a witness.
Ricnarp Ror.

Subscribed and sworn the day
of May, 1857, before me,

L. D. M, J. Peace.

The Commissioners, under the sixth section are pro-
hibited from granting licenses to keepers of inns, tav-
erns, or hotels, unless they are satisfied that the appli-
cant is of good moral character, is of sufficient ability,
PROOF AS TO MORAL CHARACTER.

has the necessary accommodations, and that a tavern
is required there for the actual accommodation of
travelers. The question arises, how shall the Board be
satisfied of these facts. It is supposed that the appli-
cants mostly will be unknown to the Board. If they
come to the conclusion that it must be decided upon
proof, and that nothing short of good evidence will
satisfy them, they then might require an affidavit from
two or more witnesses with whom they, or some one of
them, are personally acquainted, in the following form:

Monroe County, ss.— William Stiles and John
Smith, of Henrietta, in said county, being duly and
severally sworn, do, and each for himself doth depose
and say that he is acquainted with John Doe, an ap-
plicant for a license to keep an inn, tavern or hotel in
the first election district of the town of Henrietta, in
said county ; that the said John Doe is a man of good
moral character, that he has sufficient ability to keep
such inn, tavern or hotel, and the necessary accom-
modations to entertain travelers; and that an inn,
tavern or hotel is required for the actual accommoda-
tion of travelers at the place where such applicant
resides or proposes to keep the same ; and that these
deponents are acquainted with the signers to the peti-
tion of the said John Doe, hereto annexed ; that they
are all respectable freeholders of said election district.
[And if the Commissioners choose, they can add the
following :] That such petitioners, according to these
deponent’s best knowledge and belief, are all bona fide
freeholders, and that no one of them has recently be-
come a freeholder for the purpose of becoming such
petitioner, and that their statement is entitled to full

credit. Wut Srizs,
Subscribed and sworn, the Jomn Sura.
day of 1857, before me,

L. D. M., J. Peace.

39
40

NO CREDIT ON SALE OF LIQUOR.

Inn-keeper’s Bond.—See. 7.\

If the inn-keeper should suffer his house to be disor-
derly, or suffer gambling, or keep a gambling-table of
any description, he would thereby be liable to be sued
upon his bond by the Commissioners of Excise, Super-
visor of the Town, Mayor of the city, or Trustees of the
village where he resides, and a recovery had for the
amount of the penalty, $250. See Sec. 24.

Necessary Accommodatiuns—See. 8.

The inn-keeper who fails to keep the accommoda-
tions mentioned in this section, subjects himself to a
penalty of ten dollars, which can be sued for in a jus-
tice’s court, by the overseer of the poor, and the amount
expended by him for the use of the poor in his own
town. This penalty is not to be paid to the county
treasurer. See Sec. 22.

Inn-keeper shall keep a Sign up —Sec. 9.

For a violation of this section a penalty of ten dol-
lars is incurred, for which a suit in the name of the
Board of Commissioners of Excise must be brought,
and the amount paid to the County Treasurer. See Sec.
22. This suit may be brought in a justice’s court. -

No Credit to be giwen on sale of Liquor; Securities
e Void, &e—Sec. 10

No inn, tavern or hotel keeper shall trust any person *
for any liquor, except lodgers in his house; and all secu-
rities taken for the same are void, and a forfeiture of
double the amount secured is incurred; this is a civil
remedy, inthe name of the Board of Commissioners,
which can be recovered in a justice’s court, if the
amount be less than $100.

\
FORM OF SUMMONS.

Conditions of Store-keeper’s Bond.—Sec. 12.

For a violation of this section, a suit upon the bond
may be brought to recover the penalty, ($500) by the
Board of Excise and other officers mentioned in sec-
tion twenty-four; and the offender is also liable for the
offence of selling liquor contrary to the provisions of
said section, (see sec. 14,) for the license is no protec-
tion if sold contrary to its express terms; and upon
the trial for the offence, the store-keeper or his agent
may be allowed to testify as to such sales.

Selling without a LIncense.—Sec. 18.

For a violation of this section, the offender forfeits
$50. This section is substantially the same as the
fifteenth section of the old license law, (Sec. 1 BR. S.,
old E., p. 680,) except that the forfeiture is increased.
from $25 to $50, and the remedies are the same, except
that the Commissioners of Excise sue instead of the
Overseer of the Poor. The suit for the forfeiture may
be commenced by summons in a Justice’s Court.

Summons under Sec. 13.

Monroe County, ss—To any Constable of said Coun-
ty, greeting:
These are in the name of the People of the State of
New York, to command you to summon
defendant, to appear before me, the undersigned, a
‘Justice of the Peace of said County, at my office in
the Town of in said County, on the day of
185 at  o’clock in the noon, to answer
the Board of Commissioners of Excise, in and for said
County, plaintiff in a civil action for the violation of
section of the act entitled “ An Act to Suppress
Intemperance, and to regulate the Sale of Intoxicating

AL
42

FORM OF SUMMONS.

Liquors,” to plaintiff’s damage, one hundred dollars,
or under. And have you then and there this precept.
Given under my hand this _ day of 185

J. P.

On the summons endorse the title of the suit as
follows:

\

 

The Board of Commissioners
of Excise of Monroe County
ag’t

 

This summons is issued according
to the provisions of sec. of ‘an act entitled “ An
Act to Suppress Intemperance, and to regulate the
Sale of Intoxicating Liquors,” passed April 16, 1857.

J.P.
Return of Constable.
Personally served, the day of 185 ,
-on the within-named defendant
Constable.

Fees, $

When the suit is brought by the Overseer of the
Poor, as under section eight, the above form can be
varied as follows: “To answer John Doe, Overseer
of the Poor of the Town of Pittsford, in said County;”
or if sued in the name of the Supervisor, or any other
officer, vary the form accordingly.

If a criminal complaint be made against the offend-
er, under any section of this act, the same may be
made under oath, the same as any other criminal com-
plaint; the complaint need not be in writing, but must
prove facts enough to constitute an offence.
CRIMINAL WARRANT.

Criminal Warrant.

County of Monroe, ss.—To the Sheriff or any Con-
stable of said County, greeting:

Whereas, complaint has this day been made by A,
B., on oath before me, the under-named Justice of the
Peace of said County, that on the day of
at Pittsford, in said County, strong or spirituous liquors
or wines, in quantities less than five gallons, were sold
in violation of the act entitled “ An Act to Suppress
Intemperance, and to Regulate the Sale of Intoxicating
Liquors,” passed April 16, 1857, to wit: A quantity
of and that he has just cause to suspect and be-
lieve, and doth suspect that John Doe, of the town of
Pittsford aforesaid, sold the same, and I, the said Jus-
tice, having examined the complainant, and it appear-
ing therefrom that the said offence had been commit-
ted, you are therefore hereby commanded, in the name
of the People of the State of New-York, forthwith to
take the said John Doe and bring him before me at
my Office in Pittsford, to be dealt with according to
law.

Given under my hand this day of May, 1857.
L. D. M., J. P.

The above form can be made to conform to any of
fence under said act. The printed blank warrants now
in use by Justices could be used by filling the blank
with the substance of the complaint, as made under
oath.

Sec. 14.

This section prohibits the sale of such liquors, to be
drank on the premises where sold, unless the person so
44

COMPLAINT IN CIVIL ACTION.

selling is licensed as an inn, tavern, or hotel keeper,
under a penalty of $50, to recover which the same
form and, proceedings may be observed as under sec-
tion thirteen.

Complaint in Civil Actions.

In Jousticn’s Court.

 

The Board of Commissioners
of Excise of Monroe County
ag’t

John Doe.

Monroe County, ss.

 

The Board of Commissioners
of Excise, in and for the County of Monroe, plaintiff,
respectfully shows to the Court that heretofore, to wit:
onthe day of May, 1857, at the town of Pittsford,
in said County the said defendant was indebted to the
said plaintiff, as such Board of Commissioners of
Excise, in the sum of fifty dollars, for selling strong or
spirituous liquors or wines in quantities less than five
gallons at a time without having a license therefor, at
Pittsford aforesaid, contrary to, or in violation of the
provisions of an act of the Legislature of this State,
entitled “An Act to Suppress Intemperance, and to
Regulate the Sale of Intoxicating Liquors,” passed
April 16, 1857, whereby an action hath accrued to the
said plaintiff, as such Board of Commissioners of Ex-
cise, to demand and have of and from the said defend-
ant the said sum of money above demanded; yet the
said defendant, although often requested so to do, has
not as yet paid the saidsum of money above demand-
ed or any part thereof, to the said plaintiff, as such

‘Board of Commissioners of Excise as aforesaid,.but to

pay the same or any part thereof to the said plaintiff,
COMPLAINT IN CIVIL ACTION.

the said defendant, hath hitherto wholly refused, and
still doth refuse.

2d Counr.—And the said plaintiff further shows to
the Court that the said defendant was, on the day
of May, 1857, at Pittsford, in the County of Monroe,
indebted to the said plaintiff in the further sum of fifty
dollars for selling strong or spirituous liquors or wines
‘in quantities less than five gallons at a time without
having a license therefor, at Pittsford aforesaid to wit:
one glass of rum, one glass of gin, one glass of brandy,
one glass of whisky, ,and glass of strong beer to each
of the following named persons, to wit: Thomas Sinis-
kie, Peter Thirsty, Samuel Thriftless, John Love, Hen-
ry Rider, and James Stiles, on the 25th day of May,
1857, and on each day since that time, contrary to,
and in violation of the provisions of an act of the
Legislature of this State, entitled “An Act to Sup-
press Intemperance, and to Regulate the Sale of Intox-
icating Liquors,” passed April 16, 1857, whereby an
action hath accrued to the said plaintiff, as such Board
of Commissioners, to demand and have of and from
said defendant the said sum of money above demand-
ed, which the said defendant has not paid.

3d Count.—The same as second, except between the
words “aforesaid” and “contrary,” insert, to wit: one
gill of rum, one gill of gin, one gill of brandy, one
ail of wine, one gill of whiskey, and one gill of strong
beer to Thomas Stiles.

4th Counr.—The same as the second, except be-
tween the words “aforesaid” and “contrary,” insert,
to wit: one glass of rum, one glass of gin, one glass
of brandy, one glass of wine, one glass of whisky,
and one of strong beer, to Thomas Stiles and John
Stiles.

45
46

ANSWER IN CIVIL ACTION.

5th Counr.—The same as the fourth, except instead
of the name of Thomas Stiles, insert Henry Drinkall.
Wherefore the plaintiff demands judgment for the
sum of dollars, besides the costs of this action..

If the prosecution is for one offence only, the above
blank will be filled with “fifty dollars ;” if for several
offences, it will be filled with the amount claimed, at
and after that rate.

Answer.

 

The Board of Commissioners
of Excise of Monroe County,
ag’t
John Doe.

 

The defendant for

‘his answer denies the complaint, and each and every

allegation thereof.

The form of the summons, complaint and answer,
having been given, it is deemed unnecessary to give
any further directions in relation to this or any other
civil action under this act, except to say that the jus-
tice or court before whom the same is brought will
proceed in all other respects the same as in any civil
action. The costs of the suit are the same. The Leg-
islature at its recent session passed an act which
changes the fees of Justices of the Peace. The fol-
lowing is an abstract therefrom :

For a summons, fifteen cents; for warrant, attach-
ment, warrant of commitment, or transcript of a judg-
ment, twenty-five cents; adjournment, twenty-five
cents ; subpoena, including all the names inserted
therein, ten cents ; administering an oath, five cents ;
filing every paper necessary to be filed, five cents;
OFFICERS WHO ARE TO ARREST.

swearing a jury, twenty-five cents; trial of an issue
of fact, in case of an appearance and answer, fifty
cents ; entering judgment, twenty-five cents ; taking
affidavits, ten cents ; drawing bond, twenty-five cents,
and receiving and entering verdict of jury, twenty-
five cents.

“Whenever a judgment shall be rendered in a court
of a Justice of the Peace in civil actions, it shall be
with the costs of suit; but the whole amount of all
the items of such costs to be included in the entry of
judgment, except the charges for the attendance of wit-
nesses from another county, shall not in any case
exceed the sum of five dollars, unless such suit shall’
be adjourned more than once at the request and on
the motion of the party against whom judgment shall:
be finally rendered ; and in such case the costs of.
such additional adjournment may be included in the
entry of judgment.”

Inn-Keepers forbidden to sell to certain persons.
Sec. 15.

This section prohibits the sale of liquor by inn-keep-
ers, or by any other person licensed to sell, to any
Indian, apprentice, or minor under eighteen years of
age, under a forfeiture of ten dollars for each offence,
to be recovered by the master of such apprentice or
servant, or by the parent or guardian of such minor.
This is a civil action, which is to be prosecuted in a
Justice’s Court, and the summons and complaint given
under the last section can be so varied as to conform
to this case. And if such sale is made to any Indian,
the offender is guilty of a misdemeanor, and is liable,
on conviction in Special Session, if he elects to be tried
in that Court, in the Court of Oyer and Terminer, or
at:General Sessions, to a fine of. $25.

AT.
48

OFFICERS WHO ABE TO ARREST.

Officers who are to Arrest and Try. Sec. 16.

The Sheriff, under-Sheriff, deputy-Sheriff, Constable,
Marshal, Policeman, or Officer of Police, are required
to arrest all persons found actually engaged’ in the
commission of any offence in violation of this act, and
to convey them before a Magistrate of the same city
or town, who is to examine them, and if there be sufti-
cient proof to bind them over to the next Oyer and
Terminer, or General Sessions, unless such offenders
elect to be tried before such Magistrate as a Court
of Special Sessions.

It appears from this section that a Justice of the
Peace, setting as a Court of Special Sessions, has the
power to try any, and all of the offences under this
act, which are in their nature criminal, and prosecuted
as such, if the offender elect so to be tried, if no such
election be made by him, he must be required to give
bail to appear at the next Oyer and Terminer or Gen-
eral Sessions, to answer to such offences, Courts of
Special Sessions have, no doubt, jurisdiction to try the
offences mentioned in sections 12, 18, 14, and in latter
clause of section 15, and sections 18, 20, 21 and 29 of
this act ; and they may try all actions under this act,
which are denominated civil remedies, when the
amount claimed does not exceed one hundred dollars.
The officers above named can, and it is their duty to
arrest all persons found by them actually committing
offences against this act, and if so found by another
person, upon notice being given to them, it would, no
doubt, be their duty, if required by such other person,
to attend and witness the commission of such offence,
and then and there to arrest.

By an act passed April 14, 1858, relating to the
County of Monroe, the Courts or Magistrates therein
INTOXICATED PERSONS.

can, in their discretion, sentence a person convicted of
drunkenness to the Monroe County Penitentiary for a
term, not more than three months, but the last named
act does not repeal the 17th section of this act so far
as it relates to Monroe County, but it is discretionary
with the Court to sentence under either act.

The County Judge of Monroe County has recently
decided after full argument, the following points un-
der this act :

1. That any person can make complaint against
an intoxicated person.

2. That he can be arrested at any time within three
years for the offence.

3. That it isan offence triable the same as any mis-
demeanor, that such defendant has a right to elect to
be tried by a Court of Special Sessions, or give bail to
appear at the next Sessions or Oyer and Terminer,
that he is entitled to a jury, when tried.

Intowicated Persons. Sec. 17.

The Officers named in the 16th section, are also re-
quired to arrest any person whom they shall find intoxi-
cated in any public place, that is, found so in any public
street, inn, tavern, hotel, store, post office, or any other
public place of business, they are required to take him
before a Magistrate, whose duty it is to examine him
on oath as to the cause of his intoxication, if the per-
son so arrested refuses to be sworn, or when sworn
refuses to testify as to the matters required of him, he
would be guilty of contempt of court, and might be
fined and punished for such contempt, as in other cases
of contempt. No authority is given under this sec-
tion, to issue a warrantagainst the person who sold or
gave him the liquor upon his testimony, but it may

4

49
50

HABITUAL DRINKERS.

furnish the facts upon which a complaint might be
made upon the information and belief of another per-
son, upon which a warrant might issue. When such
intoxicated person is arrested by one of the officers
hereinbefore referred to, it does not seem to be neces-

’ sary that a complaint should be made, and a warrant

issued against him for such intoxication, but he may
be called upon to plead to the charge forthwith, and a
trial may be had before such Court of Special Sessions,
with or without a Jury, as the defendant may elect, it
is believed that a defendant in any action (civil or
criminal) under this act is entitled to a trial by Jury.
The fine, when collected in this case, will be paid to
the County Treasurer. The person so found intoxica-
ted, is liable to avfine upon conviction of ten dollars,
and the costs, as in Courts of Special Sessions, and the
Officers above named, and the Magistrate, for any neg-
lect of duty under this section are liable to a penalty
of fifty dollars.

Selling to Intoxicated Persons. Sec. 18.

Any person is prohibited under this section from
selling or giving away any liquor to any intoxicated
person under a forfeiture of not less than ten nor more
than twenty-five dollars, for each offence.

The duty of Magistrates and Overseers of the Poor,
as to Habitual Drinkers. Sec. 19.

Under this section, a wife can complain and make
satisfactory proof, that her husband is an habitual
drinker of intoxicating liquors, or a husband can make
a like complaint as to the wife, a parent of a child,
being a minor, and a child of a parent, to the Magis-
trates and Overseers of the Poor in any town or city,
NOTICE TO DEALERS.

whose duty it shall be to issue notice to all dealers in
intoxicating liquors against whom such a complaint is
made, forbidding the sale or giving such liquor to any
such person, for the term of six months, under a penal-
ty of $50, with costs, for each and every sale or giving
such liquor after such notice, to be sued for, in the
name and for the use of such complainant.

Notice to Dealers not to Sell to Habitual Drinkers.

County or Mowros, eg
Town of Pittsford. { *
The undersigned, Overseers

of the Poor of the Town of Pittsford, in said county,
upon complaint and satisfactory meek made to us, do
hereby designate
as an habitual drinker of intoxicating liquors, and all
dealers in intoxicating liquors upon whom this notice
shall be served, are hereby required not to sell or give
any such liquors under any pretence to the said
for the term of six months, from

the date hereof, under a penalty of fifty dollars with
costs, for each and every sale or giving such liquor.

Given under our hands at Pittsford, this day of

185

C. D. ) Overseers of
E. F.f{ the Poor.

o
The above can be varied to conform to all the cases
mentioned in said section.

Dealers in Liquors forbidden to sell to Certain
Persons. Sec. 20.

In this section, it is declared unlawful to sell intoxi-
cating liquors to any person guilty of drunkenness, to
any person against whom the seller has been notified

51
52

WHO TO SUE.

not to sell under section 19, for a violation of this sec-
tion, the offender forfeits his license, and shall not be
allowed a renewal of the same, and is also liable to a
fine of not less than twenty, nor more than fifty dol-
lars ; a further fine of $25, and sixty days imprison-
ment, is imposed for selling to any pauper outside of
a poor or alms-house.

These and all other fines and penalties imposed by
this act unless otherwise expressly provided, are to be
paid to the County Treasurer. See section 22.

Not to Sell on Sunday or Election Days. Sec. 21.

Every inn, tavern or hotel keeper, or other person li-
censed to sell liquors, are prohibited from selling or
giving away any intoxicating liquors on Sunday, or up-
on any day on which a general or special election, or
town meeting is held, as a beverage, and a violation
of this section is declared a misdemeanor, and punish-
able by imprisonment in the County Jail, Work House
or Penitentiary, not more than twenty days. This of-
fence is triable before Special Sessions, if the defend-
ant elect to be so tried.

Who to sue for Penalties and where paid. See. 22.

This section provides that all penalties, (except un-
der section 8, where the Pdéor Master must sue, section
15, where the Master of such apprentice sues, and un-
der section 19, where the complainant sues for and
receives the penalty,) shall be sued for and recovered
in the name of the Board of Commissioners of Excise
of the respective counties, and paid over to the seve-

ral County Treasurers, for the support of the County
Poor.
RECORD OF CONVICTION.

Bonds, where filed. Sec. 23.

This section provides that the bonds given under
this act, shall within ten days after their execution be
filed in the Clerk’s Office of the Town, City or Village
in which the license shall be granted.

What Officers to Prosecute Bonds. Sec. 24.

In case of a breach of the condition of any bond
given upon the granting of any license, the Board of
Commissioners of Excise in each County, the Super-
visor of the Town, the Mayor of the City, or Trustees
of the Village, in which the person executing the bond
shall reside, are required to prosecute the same, and
recover the penalty therefor.

Statement of Conviction to be Returned to Sessions.
Sec. 25.

The statement of the conviction, or judgment re-
quired by this section, to be returned to the Sessions in
case of a trial before Special Sessions, may, in case of
a conviction, be made in the following form :

Statement or Record of Conviction.

Monroe County, ss— At a Court of Special Sessions
of the Peace, this day duly formed, convened and held
at the office of in the town of Pittsford, in
said county, before R.S., one of the Justices of the
Peace of said county, for the trial of John Doe, an
inn, tavern or hotel keeper in Pittsford aforesaid, for
the offence hereinafter stated. The said John Doe, of
Pittsford, aforesaid, was on the day of the date, hereof
duly convicted with having on Sunday, the day
of 185 , sold one glass of rum to Richard
Roe, contrary to the provisions of section 21, of the

53
54

REVOCATION OF LICENSE.

act, entitled “ An Act to Suppress Intemperance, and
to Regulate the Sale of Intoxicating Liquors,” passed
April 16, 1857, and upon such conviction, the said
Court did adjudge and determine that the said John
Doe should be imprisoned in the Monroe County Work
House for the term of twenty days.

Witness my hand at the town of Pittsford, in said
county, the day of 185

Levit D. Mircuett, J. Peace.

If, instead of a conviction, a judgment is rendered
upon the bond of the inn-keeper for a breach of the
condition thereof, then give the pleadings, state briefly
the proceedings of the trial, without giving the testi- .
mony, and the judgment entered thereon, stating in
some form the offence distinctly.

Proceedings to Revoke License. Sec. 26.

Under this section, notice has to be served upon the
party whose license it is proposed to revoke. This
may be done by entering an order in the Minutes of
the Court of General Sessions, fixing the time for the
hearing thereof, and by serving a copy of such order
upon such party.

Order of the County Sessions.

Mowror Oo. Sessions, April Term, 1857.
Tae Props, }
ag’t Order to show cause.
Joun Doz. .

On reading and filing a statement of
the conviction of the defendant, for selling as a licensed
inn, tavern or hotel keeper, intoxicating liquors or
wines to Richard Roe, on Sunday, the day of May,
1857, contrary to the provisions of the twenty-first
NEGLECT TO PROSECUTE.

section of an act, entitled “ An Act to Suppress Intem-
perance, and to Regulate the Sale of Intoxicating
Liquors,” passed April 16,1857; and on motion of

Mr. of Counsel for the People, it is or-
dered that the said John Doe appear before this Court,
on the day of 5185 , at 10 o’clockin the

forenoon of that day, to show cause why the license

which has been granted to him by the Board of Com-

missioners of Excise of said County, to sell strong and

spirituous liquors and wines, should not be revoked.
(Certify the order as follows :)

A copy from the Minutes.
W. N. Saas, Clerk.

Private Damages by Injured Party. Sec. 28.

This section provides a remedy for injuries sustain-
ed by any person, for or on account of any sale of in-
toxicating liquors to any persons to whom it is declar-
ed by this act unlawful to sell. Such suit is to be
brought in the name of such injured person, and the
recovery is to be had for the benefit of such person.
Where the wife or children sustain damages, by rea-
son of the sale of intoxicating liquors to a drunken
husband, or father, this action, no doubt, would lie in
the name of such person, for such damages ; and this,
no doubt, would apply to the persons mentioned in
sections 15 and 20 of this act.

Neglect to Prosecute by Officers. Sec. 30.

If any person, (whose duty it is,) shall neglect to
prosecute, for any penalty provided by this act, for the
period of ten days after complaint to them that any
provision of this act has been violated, accompanied
with reasonable proof of the same, then any other per-

55
56

EXECUTION.

son can prosecute in the name of the Board of Com-
missioners. :

The complaint mentioned in this section may or may
not be in writing ; but it is advisable that all com-
plaints to such officers be in writing, stating briefly
wherein the law has been violated, and also giving the
names of the witnesses by whom the same may be
proved, and that a copy of the same be kept, and then
if not attended to within the time limited by this sec-
tion, a suit may be commenced by such complainant,
and if his authority to appear is questioned, he can
establish his right so to appear by proving by his own
oath, or otherwise, that the paper, of which the one he
produces in Court is a copy, was duly served upon
such officer or officers. _

Incorporated or Leailroad Companies forbidden to
employ Intemperate Persons. Sec. 31.

The good and sufficient and competent proof men-
tioned in this section, it is believed, does" not mean
legal evidence but the affidavits of respectable persons
who are well acquainted with such persons and their
habits, would, no doubt, be sufficient.

*

Execution. Sec. 82.

The execution mentioned in this section, will be the
usual body execution, with a clause showing that it is
for a penalty under this act; after stating the amount
in the execution, add, “For a penalty incurred by the
said John Doe in violating section of the act,
entitled, “ An Act to Suppress Intemperance, and to
Regulate the Sale of Intoxicating Liquors,” passed
April 16, 1857.
A PARTY MAY BE A WITNESS.

, Repealing Clause. Sec. 33.

By this section, all other excise laws are repealed.

But this will not affect any suit or proceeding under
former laws, commenced before the passage of this act.

Sec. 34.

This act takes effect from the 16th day of April,
1857.

A Party to a Suit may be a Witness in his own behalf.

An act has been passed by the Legislature to amend
section three hundred and ninety-nine of the Code of
Procedure, allowing parties to a suit to be examined
in their own behalf. It is as follows :

“The People of the State of New-York, represented
in Senate and Assembly, do enact as follows :

“Sec. 1. Section three hundred and ninety-nine of
the Code of Procedure is hereby amended so as to
read as follows: A party to an action or proceeding
may be examined as a witness in his own behalf, the
same as any other witness; but such examination
shall not be had, nor shall any other person for whose
immediate benefit the same is prosecuted or defended,
be so examined, unless the adverse party, or person in
interest is living, nor when the opposite party shall be
the Assignee, Administrator, Executor or Legal Re-
presentative of a deceased person, nor unless ten days’
notice of such intended examination of the party or
person interested, specifying the points upon which
such party or person is intended to be examined, shall
be given in writing to the adverse party, except that
in special proceedings of a summary nature, such rea-
sonable notice of such intended examination as shall
be prescribed by the Court or Judge ; and when no-
tice of such intended examination shall be given in an
action or proceeding in which the opposite party shall
reside out of the jurisdiction of the Court, such party

57
OF STRAYS.

may be examined by commission issued and executed
as now provided by law; and whenever a party or
person in interest has been examined under the provi-
sions of this section, the other party or person in inter-
terest may offer himself as a witness in his own behalf,
and shall be so received. When an assignor of a thing
inaction or contract is examined as a witness on
behalf of any person, deriving title through or from
him, the adverse party may offer himself as a witness
to the same matter in his own behalf, and shall be sd
received as to any matter that will discharge him from
any liability that the testimony of the assignor tends
to render him liable for. But such assignor shall not
be admitted to be examined in behalf of any person
deriving title through or from him, against an Assignee
or an Executor or Administrator, unless the other par-
ty to such contract or thing in action, whom the de-
fendant or plaintiff represents, is living, and his testi-
mony can be procured for such examination, nor unless
at least ten days’ notice of such intended examination
of the Assignor, specifying the points upon which he
is intended to be examined, shall be given in writing
to the adverse party.

“Sec. 2. This act shall take effect immediately.”

By an act passed in 1859, the notice mentioned
above is waived, and either party can be a witness in
his own behalf without any previous notice being
given. See Amendment of Code, Act of 1859, p.

Of Strays. 1B. &., p. 350.

Provides that the person having such stray, shall
deliver a note in writing of the same to the Town
Clerk that the charges and fees for keeping, &e., shall
be appraised by the fence-viewers of the town, if no
owner appear to claim the stray, it is to be sold, and
proceeds, after paying the expenses of keeping, if no
one appear to claim it, is to be paid over to the Super-
visor of the Town.
MONROE COUNTY WORK HOUSE. 59

Sec. 27. If the owner shall not appear and demand Revauay
the residue of such moneys within one year after the paid Super-
sale, he shall forever be precluded from recovering any *""”
part of such moneys, and the aforesaid residue shall
be paid to the Supervisor of such Town, and his receipt
shall be a legal discharge to the keeper of such strays.

Sec. 28. If the person who shall have sold such Penalty.
strays, shall not, within thirty days after the expiration
of the year, pay such residuary moneys to the Super-
visor of the Town, he shall forfeit to the Town double
the sum so remaining in his hands together with the
amount of such residuary moneys.

Supervisor's Receipt.

Received, Pittsford, May 21, 1859, of Peter Pay-
well one dollar and fifty cents, being the proceeds of
the sale of a stray red cow, after deducting therefrom
the expenses of keeping and the sale thereof; which
stray was sold by the said Peter Paywell on the 20th
day of May, 1859.

Dantet Konestey, Supervisor.

The Supervisor should examine the certificate of the
fence-viewers and the bill of the fees of the sale in o1~
-der to see that the correct sum is paid him.

Monroe County Work House.

An Act for the Construction of a Work House in the

County of Monroe, passed May 27, 1853 :

‘The People of the State of New York represented
in Senate and Assembly, do enact as follows :

Sec. 1. The Board of Supervisors of the County of Work House
Monr oe shall cause to be erected at such place within .
the limits of the said county, as shall be designated in
the manner hereinafter directed a suitable building or
buildings, to be called “The Work House of the
County of Monroe,” to be used for the safe-keeping
and employment of such persons as may be confined
therein under the provisions of this act.
~

60 MONROE COUNTY WORK HOUSE,

Commission- Gece, 2, Joshua Conkey, Lewis Seely, Ezra B. True,
“™ _-§, H. Davis, Abel Dryer and Thaddeus Van Alstyne,
are hereby appointed Commissioners whose duty or
that of a majority of them, it shall be, after taking the
constitutional oath of office, to select a proper site for
the location of the said Work House, with proper
ounds to be attached thereto, and within six months
from the passage of this act to report such location to-
i gether with a detailed plan for the construction, man-
agement and discipline of the said Work House, and
an estimate of the expense of the land for the site and
of the construction thereof to the said Board of Supervi-
sors. In case of a vacancy by death, resignation or
removal from said county, neglect or refusal to serve,
or otherwise, in the said Board of Commissioners, such
vacancy shall be filled by the County Judge of said
county.

Reportof_ Sec. 3. When the said Commissioners shall be pre-
ers to Super- pared to report as aforesaid, they shall serve a written
veers notice to that effect upon the Clerk of the said Board,
who shall immediately call a special meeting of said
Board, which shall, when called, be a legal meeting of
said Board for all lawful purposes, as well as for the
purpose of proceeding under this act; such special
meeting shall be called by the Clerk, by sending by
mail to each of the Members of said Board a written
or printed notice of the time and place of such meet-
ing, at least ten days before the day of such meeting,
and by publishing a copy of such notice for the same
time in tour public newspapers printed in said county;
but no such meeting shall be informal or illegal, on ac-
count of any defect of such notice, if two-thirds of all
the Members of said Board shall attend such meeting.

Report may Sec. 4. Upon such report being made, the said Board
’ of Supervisors may examine the same, and determine
thereupon, and may alter the site, change or modify

the plan, and reduce or increase the expense of con-
struction of said Work House specified in the said

report, in any manner as to them seem fit. The said
Commissioners, (at the expiration of sixty days after

the report, shall have been made to said Board of Su-
MONROE COUNTY WORK HOUSE. 61

pervisors, and delivered to the Chairman or Clerk offands tole
said Board,) shall procure the lands for the site of thee’
said Work House, and proceed to construct the same

at such place and on such plan in all respects as the

said Board of Supervisors shall, in manner aforesaid,

have directed and adopted. But if the report of the

said Commissioners shall not have been approved by Proceedings
the said Board, and no site for the said building or nosapproval
buildings, or plan for the erection thereof shall have Pe"
been agreed on by said Board, then it shall and may

be lawful for the said Commissioners to select and pro-

cure such site for the said building or buildings, and

the grounds to be connected therewith, and to proceed

with the construction of the same on such plan as they

or a majority of them, shall deem best.

Sec. 5. The management and direction of the said Work House
Work House, when completed, shall be under the con-tonvet ofSu,
trol and authority of the said Board of Supervisors 5?"
and the said Board are hereby authorized and empow-
ered to establish and adopt rules for the regulation and
discipline of the said Work House, to appoint officers
to take charge thereof, to fix their compensation and

rescribe their duties, and generally to make all such

y-laws and ordinances in relation to the management
and government thereof as they shall deem expedient.
But the person who shall be appointed Superintendent
of the said Work House, shall hold his office for the
term of three years, unless sooner removed for incom-
petency, improper conduct, or other cause to be parti-
cularly assigned in the order of removal.

Sec. 6. The said Board of Supervisors is hereby au- supervisors
thorized to borrow on the credit of said county such ak
sum or sums of money, not exceeding $15,000, as shall
be necessary to defray all the expenses of procuring
the site, and completing the erection of the said Work
House, and the said Board is hereby authorized and
required to raise, levy and collect a sum sufficient to
repay the same, with the interest becoming due there-
on, on and from the taxable property of the County of
Monroe, in the same manner as other county charges
are levied and collected, such repayment to be made
62: MONROE COUNTY WORK HOUSE

within twenty years from the date of such loan in
yearly instalments, or otherwise, as the said Board
shall direct ; and the said Board of Supervisors shall,
from time to time, pay such drafts, as may be drawn.
on it by the said Commissioners, or a majority of
them, for the cost of the site and erection of the said
building or buildings, not exceeding the said sum of
fifteen thousand dollars.

Prisoners 10 = Sec, 7. The Sheriff of the County of Monroe is

Work House hereby authorized and required at the request and un-
cecion, = der the direction of the said Commissioners to order
and compel all persons who shall be sentenced to im-
prisonment in the County Jail at any time during the
erection of said Work House, and who, under the pro-
visions of this act, might be sentenced to the said
Work Honse to work and labor in and upon the build-

ing and construction of the same.
Expenses Sec. 8. The expenses of maintaining the said Work

asd quia” House over and above all receipts for the labor of
persons convicted therein, and for the support of those
whose support shall not be chargeable to the County of
Monroe, shall be audited and paid by said Board of
Supervisors yearly at their annual meeting, and shall
be raised, levied and collected as part of the ordinary

expenses of said County. _
When Work Sec. 9. Whenever the said Work House shall, in the

See opinion of the said Commissioners, or a majority of
fuveered them, be so far completed as to insure the safe confine-
thereto. ment and employment therein of persons intended to
be therein confined, they shall make duplicate certifi-
cates thereof under their hands and seal, one of which
they shall file in the office of the Clerk of said County,
and the said Sheriff shall thereupon transfer all such
persons to the said Work House, and the Superinten-
dent thereof shall receive such persons and safely keep
them for the term they are sentenced, and employ
them according to the discipline and rules established
Certifeate of for the government of said Work House.

tsveramist- Sec. 10, Immediately after filing the certificate of

d, and je : i . ° oe
sons conviet- COMPletion as aforesaid, the said Commissioners shall

od to be seu cause a copy thereof to be published in at least four

tenced to
Work House.
MONROE COUNTY WORK HOUSE.

newspapers published in said county, and thereafter it
shall be the duty of every Court or Magistrate in the
County of Monroe, authorized by law to sentence or
commit any person to the County Jail of said county
as vagrants, disorderly persons or common prostitutes,
or by virtue of a final sentence for any offence, (ex-
cept for contempt,) to sentence such person to be con-
fined in the Work House there to be received, kept
and employed according to the provisions of this act,
and the rules and regulations adopted under it. And

it shall be the duty of such Court or Magistrate to’

cause all persons so sentenced, to be conveyed forth-
with by some proper officer or officers to said Work
House, and such officer or officers shall be paid there-
for the fees now allowed by law for conveying persons
to the County Jail. But this section shall not apply
to those juvenile delinquents who may by law be sent
to the Western House of Refuge.

63

Sec. 11. It shall be lawful for any Justice of the Justices of

Peace, or other Magistrate having jurisdiction thereof

the Peace,&¢
may sentence

in the County of Monroe, in all cases of complaint for t the Work
ouse.

vagrancy, to commit any person, except such juvenile
delinquents as are mentioned in the last section, con-
victed upon such complaint before such Justice or
Magistrate, to said Work House for a term not exceed-
ing six months.

Sec. 12. Every person lawfully committed to said
Work House, who shall escape from or break said
Work House, with intent to escape therefrom, or who
shall attempt by any force or violence, or in any other
manner, to escape from such Work House, although
no escape shall be effected, shall, upon conviction there-

of, be punished by confinement in said Work House,

for a term not exceeding double the time for which he
or she was so sentenced, to commence from and after
the expiration of his or her former sentence.

Sec. 18. Any person convicted and sentenced t0 gecona con-

said Work House by any Court or Magistrate in the viction.

County of Monroe, shall be liable, upon a second con-
viction for the same offence, to confinemeet in said:
64 MONROE COUNTY WORK HOUSE.

Work House for double the term of the former sen-
tence of such person.

Prisoners of — See, 14. It shall be lawful for the Board of Super-

counties may visors in either the Countics of Livingston, Steuben,

Monree do, Yates, Seneca, Ontario, Wayne, Orleans and Genesee,

Work Houses to enter into an agreement with the Goard of Supervi-
sors of the County of Monroe, (or with any person in
their behalf and by them appointed,) to receive and
keep in said Work House any person or persons who
may be sentenced in either of said counties to confine-
ment in the jail of said county for any time not less
than three months; and it shall be the duty of the
Sheriff of any of the said counties, for which such
agreement may be made as aforesaid, upon receiving
notice thereof in writing from the Board of Supervi-
sors of such county, to convey all persons sentenced to
confinement in the jail of said county for a term not
less than three months to the said Work House, and
the Superintendent of said Work House shall receive
such persons and safely keep them for the term, for
which they may be respectively sentenced, and em-
ploy them, according to the rules and discipline of
said Work House; and the officers conveying such
convicts to said Work House, shall be’ paid by the
County, from which they are sent, such fees for said
conveyance as the Board of Supervisors of such coun-
ty shall direct.

Sec. 15. This act shall take effect immediately.

The 10th section of the above act was amended by
an act, passed April 15, 1857, to the effect that if any
person is committed to said Work House, who has
been sentenced to pay any fine, and has not paid the
same before such commitment, payment of the same
may be made to the Superintendent of said Work
House for the use of said county, and shall be applied
to the expenses of said Work House, for which the
said Superintendent is to account annually to the
Board of Supervisors of said county, and he is to pay
MONROE COUNTY PENITENTIARY. 65

over, if, required by said Board, to the Treasurer of
said county all such moneys unexpended in his hands.

See Act of 1857, Vol. IT, p. 35.

An Act in relation to the Monroe County Work House,
passed April 14, 1858 : .

Sec. 1. The name of the Work House of the Coun- Name.
ty of Monroe, as designated in the Act, chapter two
hundred and seventy-nine of the Laws of the Year
1853, is hereby changed to “The Monroe County
Penitentiary,” by which name it shall hereafter be
known and designated, and all acts and parts of acts
passed by the Legislature of this State, and all acts of
the Board of Supervisors of Monroe County, or of any
other County of this State, or of the Inspectors, or Su-
perintendent, or other Officers thereof, and all sen-
tences, or other acts of any of the Courts of this State
referring or applicable to the said Work House of the
County of Monroe, shall apply to “The Monroe Coun-
ty Penitentiary,” and to the Prisoners, Officers and In-
spectors thereof, so far as the name shall be applicable.

Sec. 2. Whenever any person shall be convicted in
the County of Monroe of any offence punishable by im-
prisonment in the County Jail, or by such imprison-
ment and a fine, or shall be sentenced by any Court of
competent authority in said County for any offence, to
pay a fine and to be committed until such fine is paid,
such person shall be committed to the Monroe County
Penitentiary, instead of the County Jail, and may be
sentenced by the Court, before whom such person shall
be tried, and shall be received into said Penitentiary,
and be there kept and employed at labor in the same
manner as other convicts in said Penitentiary, and
shall be, in like manner, subject to the rules and disci-
pline of said Penitentiary.

Sec. 3. In all cases arising in the County of Monroe Persons con-
where any person shall be convicted before any Court "“**
or Magistrate of said County or of the City of Roch-
ester, of the offence of drunkenness, vagrancy or dis-
5
66

ERIE COUNTY PENITENTIARY.

orderly conduct, or shall be required to give security
to keep the peace or for good behavior, if such secur-
ity shall not be given to the satisfaction of such Court
or Magistrate, such person may be committed or sen-
tenced, as the case may require, by such Court or Of
ficer to imprisonment at hard labor in the Monroe
County Penitentiary for a term not exceeding three
months, in the discretion of such Court or Magistrate.
All persons so sentenced or ordered to be committed,
shall be received into said Penitentiary, and be em-
ployed at labor therein, and be subject to the rules and
discipline thereof until discharged, according to law.

Sec. 4. This act shall take effect immediately.

Erie County Penitentiary.

By an act, passed July 21, 1853, the Boards of Su-
pervisors of Allegany County, Chautauque, Cattarau-
gus, Wyoming, Genesee, Niagara, and Orleans, are
authorized to enter into an agreement with the Board
of Supervisors of Erie to receive and keep in the Erie
County Penitentiary, persons who may be sentenced
from either of the above named counties. The provis-
ions of said act being similar to those contained in
the act, relating to the Monroe County Penitentiary.
(See Sess. Laws of 1853, p. 1,103 and p. 589.)

The Boards of Supervisors of the Counties of Cayn-
ga and Tompkins are also authorized to contract with
the Board of Supervisors of Onondaga or Monroe, to
receive and keep in the Work House of Onondaga
County, or the Monroe County Penitentiary, convicts
sentenced from the counties first above named. (See
Act of 1858, p. 429.)

Idle and Truant Children.

The 4th section of an act, entitled “An Act to Pro-
vide for the Care and Instruction of Idle and Truant
DUTIES OF SUPERVISORS. 67

Children,” provides that the expenses of such care and
instruction shall be paid by the City or Village, where
they may be found, and upon the same being certified
by the Corporate Authorities of such City or Village,
such expenses shall be assessed by the Board of Su-
pervisors of the County upon such City or Village.
(See Act of 1853, p. 358.)

Duties of Supervisors.

Sec. 1. The Supervisor of each Town shall receive
and pay over all monies raised therein for defraying
Town charges, except those raised for the support of
Highways and Bridges, of Common Schools and of
the Poor where Poor money shall be raised.

Sec. 2. He shall prosecute in the name of his Town, To se for
or otherwise as may be necessary, 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 di-
rected to prosecute.

Sec. 3. He shall keep a just and true account of the To keep ac-
receipt and expenditure of all monies, which shall“”*
come into his hands by virtue of his office, in a book
to be prepared for that purpose, at the expense of the
Town, and to be delivered to his successor in office.

Sec. 4. On Tuesday preceding the annual town T? count.
meeting, he shall account with the Justices of the
Peace, and Town Clerk of the Town for the disburse-
ment of all monies received by him.

Sec. 5. At every such accounting, the Justices and Cttifcate.
Town Clerk shall enter a certificate in the Supervisor's
Book of Accounts, showing the state of his accounts
at the date of the certificate.

Sec. 6. The Supervisor of each Town shall attend fo attend,
the annual meeting of the Board of Supervisors of the pervisors:
County, and every adjourned or special meeting of
such Board, of which he shall have notice.

Sec. 7. He shall receive all accounts which may be

resented to him against the Town, and shall lay them
tetre the Board of Supervisors at their next meeting.
68

‘ When to
cause surve
to be made
of his town

Penalty for
neglect.

Copies of
entries.

Who ex-
empt.

JURORS.

Sec. 8. He shall also lay before the Board of Su-
pervisors such copies of entries concerning monies
voted to be raised in his Town, as shall be delivered
to him by the Town Clerk.

Sec. 9. Whenever the Supervisor of any town shall
"be required by the Surveyor-General to cause a survey
"to be made of the bounds of his town, it shall be 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
the Surveyor-General. The expense of such survey
and map shall 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.

Sec. 10. If any Supervisor shall refuse or neglect
to perform the duties enjoined in the last preceding
section, he shall forfeit the sum of fifty dollars.

Duties of Town Clerk. 1 &.8., 850, Sec. 18.

The Town Clerk shall deliver to the Supervisor be-
fore the annual meeting of the Board of Supervisors
of the County, in each ¥ear certified copies of all en-
tries of votes for raising’ money, made since the last
meeting of the Board of Supervisors and recorded in
the Town Book.

Jurors. 1. &., 631.

Every poor-house, alms-house, or other place provid-
ed by any City, Town or County for the reception and
support of the Poor and all real and personal property
whatever, belonging to or connected with the same,
shall be exempt from all assessment and taxation,
levied either by the State or by any County, City,
Town or Village, and the Keeper of every poor-house,
alms-house, or other place provided as aforesaid, shall
be exempt from all service in the Militia, from serving

on Juries, and from all assessments for labor on the
highways.
JURORS. 69
1. &, 721, Sec. 187.
Every Collector of Tolls, the Clerks of such Collec- Canal ofi-

tor, not exceeding two, having the Collector’s certifi- from serving
cate, that they are actually employed by him, and all” ”"”
Superintendents of Repairs, Lock-tenders, Inspectors

of Boats, and Weigh-masters, shall.be exempt from

the performance af Military duty and Jury service,

while actually engaged in their respective employ-

ments on the canals while the-same are navigable.

1 R. S., 721, Sec. 20.

Every alien who shall hold any real estate by virtue atieus ex-
of any of the foregoing provisions, shall be subject to°™P*
duties, assessments, taxes and burthens, as if he were
a citizen of this State ; but shall be incapable of voting
at any election, or of being elected or appointed to
any office, or of serving on any Jury.

Every commissioned together with non-commission- Officers, &.,
ed Officers, Musicians, and Privates of uniformed Com-°™?*
panies, shall be exempt, during such time of service,

Jrom Jury duty, and shall be allowed two days’ deduc-
tion from their assessment of highway labor, if so as-
sessed.

Act of May 13, 1847, Amended by Act of December
15, 1847.

The Superintendent and Inspector, and each of their
deputies and all persons employed in attendance upon
any works for the manufacturing of coarse salt, shall
be exempt from serving on Juries, and from all Mili-
tary service, except in cases of actual invasion or in-
surrection ; and the commission or appointment in
writing of any such officer or deputy, and the certi-
ficate of any owner or agent of any coarse salt manu-
factory, that any person is employed or engaged in at-
tending upon such manufactory, shall be evidence of
the facts stated therein. —
70

Town offi-

cers who are
to make Ju-

ry lists.

Who to be
selected as
Jurors.

Property
qualification
in certain
counties

OF THE RETURN AND SUMMONS OF JURORS.

Of the Return and Summoning of Jurors.
2B. 8, 411.

Sec. 12. The Supervisor, Town Clerk and Assessors
of the several Towns of this State, shall assemble on |
the first Monday of July next after this chapter shall
commence and take effect as a law, at such place in
their respective towns as shall be appointed by the
Supervisor, or in his absence, or in case of a vacancy
in his office, by the Town Clerk, for the purpose of
making a list of persons to serve as Jurors.

Sec. 18. The said Town Officers, when so assembled,
shall proceed to select from the names of those assessed,
on the last assessment rolls of the town, suitable per-
sons to serve as Jurors ; and in making such selection,
they shall take the names of such only as are,

1. Male inhabitants of the town, not exempt from
serving on Juries.

2. Of the age of twenty-one years or upward, and
under sixty years old.

38. Who are at the time assessed for personal proper-
ty belonging to them in their own right, to the amount
of two hundred and fifty dollars, or who shall have a
freehold estate in real property in the county, belong-
ing to them in their own right, or in the right of their
wives, to the value of one hundred and fifty dollars.

4. In the possession of their natural faculties and
not infirm or decrepit.

5. Free from all legal exceptions, of fair character,
- approved integrity, of sound judgment and well in-

ormed.

Sec. 14. Every person residing in either of the
counties of Niagara, Erie, Chautauque, Cattaraugus,
Allegany, Genesee, Orleans, Monroe, Livingston, Jef-
ferson, Lewis, St. Lawrence and Tompkins, who does
not possess either of the qualifications specified in the
third subdivision of the last section, but is qualified in
all other respects, and who shall have been assessed on
the last assessment roll of the town for land in his pos-
session which he holds under contract, for the purchase
GRAND JURORS. q

thereof, upon which improvements shall have been
made to the value of one hundred and fifty dollars,
and who shall own such improvements, shall be deem-
ed qualified to serve as a Juror; and the Town Offi-
cers authorized to select and return Jurors may take
the names of such persons.

Sec. 15. Duplicate lists of the persons so selected Lists of su-
with their additions and places of residence shall be tot where
made out and signed by the Town Officers so assem-
bled, or the major part of them ; and within ten days
after the first Monday in July before mentioned, one
of the said lists shall be transmitted to the County
Clerk ; and the other of said lists shall be filed with

the Town Clerk. [16 and 17 sections omitted.]
Sec. 18. On the first Monday of July in each third New lists in

year after the first selection and return of Jurors as yen
hereinbefore directed, the Supervisor, Town Clerk and
Assessors shall assemble at the place appointed by the
Supervisor, or in case of his absence, or a vacancy in
his office, by the Town Clerk, and shall make new
duplicate lists of persons to serve as Jurors for the
then ensuing three years ; and shall file such list with
the Town Clerk, and return a duplicate to the County
Clerk, as herein directed.

Sec. 19. In making such selection the said Town Proceedings.
Officers shall proceed as hereinbefore directed in res-
pect to the first selection of Jurors.

Grand Jurors 2 PR. S&., 720.

Sec. 1. The Supervisors of the several Counties of Lists of
this State, except the City and County of New York, se" 7™
at their annual meetings in each year, shall prepare a
list of the names of three hundred persons to serve as
Grand Jurors, at the Courts of Oyer and Terminer,
and Courts of General Sessions, to be held in their res-
pective counties, during the ensuing year and until
new lists shall be returned.

Sec. 2. The Mayor, Recorder and Aldermen of the tists in New
City of New York shall meet on the second Monday *°*
of July in each year, as a Board of Supervisors of that
72

Who is to be
placed on
list.

Who to be
omitted.

Contents of
lists, &c.

Increasing
number of
Jurors in N.
York.

If in other
counties.

GRAND JURORS.

city and county, and shall prepare a list of the names
of six hundred persons to serve as Grand Jurors at the
different Courts of Oyer and Terminer, and General
Sessions to be held in that city during the then ensuing
year, and until new lists shall be returned.

Sec. 8. In preparing such lists, the said Boards of
Supervisors shall select such persons 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 ap-
proved integrity, fair character, sound judgment and
well informed.

Sec. 4. Persons exempt by law from serving as Ju-
rors for the trial of issues of fact, shall not be placed
on any list of Grand Jurors required by the preceding
provisions.

Sec. 5. The lists so made out by the said Boards of
Supervisors shall contain the Christian and Surnames,
at length, of the persons so named therein, their res-
pective places of residence and their several occupa-
tions ; it shall be certified by the Clerk of the Board
of Supervisors, and shall be filed in the office of the
Clerk of the County, within ten days after the first day
of the meeting at which the same is herein directed to
be made. [Sec. 6 omitted.]

Sec. 7. If the Circuit Judge of the first-Circuit, the
Mayor and Recorder of the City of New York, or any
two of them, shall at any time be of the opinion that
a greater number of persons than that herein required,
should be returned to serve as Grand Jtrors, they may
by an order under their ‘hands, direct such number to
be increased ; but such increase shall not exceed one-
half the number herein required to be selected for that
city and county.

Sec. 8. If the County Judges of any other County
of this State, or any three of them, 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 increased,
SHEEP INJURED BY DOGS. 73

but such increase shall not exceed one-half the num-
ber herein required to be selected for such county. .

Sec. 9. Upon any order which is authorized by the Duty of Su-
two last sections being served upon the Board of Su-P™"""
pervisors, they shall, at their next annual meeting, in-
crease the number of persons returned by them to
serve as Grand Jurors, pursuant to such order.

Each Supervisor usually furnishes the Clerk of the
Board during the first ten days of its session with a
list of the Grand Jurors required from his town, stat-
ing, at the end of their names, their occupation; the
number of each town is apportioned according to the
population, in making out the list; those who were re-
turned the preceding year ought to be omitted in the
new list, if a sufficient number of competent Jurors
can be found without them.

Sheep Injured by Dogs. 1R. &., 704.

The first nine sections relate to the taxation of dogs.
Sec. 10. The owner of any sheep or lambs that may Fence-view-

be killed or injured by any dog, may apply to any two findawa.
fence-viewers of the town, who shall inquire into the 8s te sheep.
matter, and view the sheep injured or killed, and may
examine witnesses in relation thereto, for which pur-

pose either of them shall have power to administer

oaths. If they are satisfied that the same were killed

or hurt only by dogs and in no other way, they shall

certify such fact, the number of sheep killed or hurt,

and -the amount of damages sustained thereby by the

owner together with the value of the sheep hurt or

killed.

Sec. 11. The said certificate shall be presumptive o4:. cortis.
evidence of the facts therein contained in any suit that cate evia-
may be brought by the party injured against the own-°""
er or possessor of any dog, if it shall appear on the
trial of such suit, that due notice was given to the
owner of the dog of the intended application to the
fence-viewers.

\
74

Applications
for damages.

Payments
when to be
ordered.

From what
fund.

If damages
recovered

to be refund-
ed.

Dog chasing
sheep to be
killed.

Penalty for
not killing
dog.

SHEEP INJURED BY DOGS.

Sec. 12. If the party injured cannot discover the
owner or possessor of the dog, by which such damage
was done, or shall fail to recover the value of the sheep
killed or injured, against such owner or possessor, he
may apply to the Supervisor of the Town, and upon
producing to him the certificate of the fence-viewers,
made as aforesaid, and his own affidavit that he has
not been able to discover such owner or possessor, the
said Supervisor shall lay the same before the Board of
Supervisors of the County at their next meeting.

Sec. 13. The Board of Supervisors shall 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 shall be
satisfied that the owner or possessor of such dogs can
not be discovered, or that the party injured has failed
to recover such damages of such owner or possessor,
which shall be paid by the County Treasurer from the
fund constituted by the eighth section of this title, and
from no other monies.

Sec. 14. If, after receiving the amount of such
damages from the County Treasurer, the owner of the
sheep so killed or injured shall recover the value there-
of from the owner or possessor of any dog, he shall
refund and pay to the County Treasurer the sum so
received from him, for which it shall be the duty of
the Supervisor of the Town to bring an action against
such owner in case of his refusal in the name of the
County Treasurer and to pay in to the County Treas-
urer the sum so collected.

Sec. 15. Any person may kill any dog which he
may see chasing, worrying, or wounding any sheep,
unless the same shall be done by the direction or per-
mission of the owner of the sheep or his servant.

Sec. 16. The owner or possessor of every dog to
whom notice shall be given of any injury done by his
dog to any sheep, or of his dog having chased or
worried any sheep, shall, within thirty-eight hours af-
ter such notice, cause such dog to be killed ; for every
neglect so to do, he shall forfeit two dollars and fifty
FENCE-VIEWER’S CERTIFICATE. 75

cents, and the further sum of one dollar and twenty-
five cents for every forty-eight hours thereafter, until
such dog shall be killed, unless it shall satisfactorily
appear to the Court, before which a suit shall be
brought for the recovery of the said penalties, that it
was not in the power of such owner or possessor to
kill such dog.

Sec. 17. i any dog shall attack any person peace- When Jns-
ably traveling on any highway, or any horse in a car- der owner of
riage, or upon which any one shall be mounted, and {#57
complaint thereof be made to a Justice of the Peace,
such Justice shall inquire into the complaint, and if
satisfied of its truth, and that such dog is dangerous,
he shall order the owner or possessor of such dog to
kill him immediately.

Sec. 18. The owner or possessor of any dog who penalty for
shall refuse or neglect to kill him within forty-eight ™s!*
hours after having received such order, shall forteit the
sum of two dollars and fifty cents, and the further
sum of one dollar and twenty-five cents for every for-
ty-eight hours thereafter, until such dog be killed.

Sec. 19. Upon complaint being made to any Super- supervisor
visor of a Town of any penalties imposed by this title peice
having been incurred, he shall commence a suit for
the recovery thereof in his name of office, and prose-
cute the same with due diligence ; and the moneys re-
covered shall be by him paid to the County Treasurer,
to be added to the fund hereinbefore provided for the
satisfaction of damages sustained by the owners of
sheep.

Sas 20. Every person in the possession of any dog whe owner.
or who shall suffer any dog to remain about his house
for the space of twenty days, previous to the assess-
ment of a tax, or previous to any injury, chasing, or
worrying of sheep, or any such attack made by a dog,
shall be deemed the owner of such dog, for all the pur-
poses of this title. .

Fence-viewer’s Certificate under Section 10.

The undersigned, two of the fence-viewers of the
town of Pittsford, having met at the house of Peter
76

AFFIDAVIT OF OWNER OF SHEEP.

Smith, in said town, on the 20th day of June, 1849, for
the purpose of viewing the sheep of the said Peter
Smith, injured or killed by dogs, do certify that we
have inquired into the matter and viewed the sheep of
the said Peter Smith, and have examined witnesses in
relation thereto; and we further certify, that we are
satisfied that the same were killed or hurt only by
dogs, and in no other way ; that the number of the
sheep killed was ten, and the number hurt fifteen, and
the amount of the damages sustained thereby by the
said Peter Smith was thirty dollars, and that the value
of the sheep killed or hurt was twenty-five dollars.
Given under our hands at Pittsford, the day and

year aforesaid.

e = { Fence-Viewers.

Affidavit of Owner of Sheep, under Section 12.

County oF Monrog,
Town of Pittsford. 5 *
Peter Smith, above named,

being duly sworn, deposes and says, that he has hither-
to been unable to discover the owner or possessor of the
dog or dogs by which the damages mentioned in the
above certificate, was done, (or has failed to recover
his damages by suit, or otherwise, from the owner or
possessor of the dogs doing the damage, mentioned in

the above certificate.)

Perer Syore.
Subscribed and sworn, this 20th
day of Sept., 1857, before me,

Grorcre Enpy, J. Peace.

If the party injured has never discovered the owner
of the dog, then the former part of the affidavit must
be used, but if he has found the owner, but has been
NON-RESIDENT’S HIGHWAY TAX.

unable to obtain or recover his damages by suit or
otherwise, then the latter must be used. If the owner
or possessor of the dog be known, he must be sued
and there must be a failure to collect before it can be
paid out of this fund.

The manner of collecting the dog tax has been
amended by an Act passed April 20, 1835, which pro-
vides that the Supervisors, instead of the Assessors,
shall issue their warrant to collect the same, and the
balance, after satisfying damages (if any remain in the
Treasurer’s hands,) shall be paid over to the Town
which raised the tax for the support of the poor therein.

For the Counties of Richmond, Rockland and
Westchester, see Act passed April 25, 1832, and the
said act was by the act of 1835 extended to the Coun-
ties of Columbia, Dutchess, Allegany and Cattaraugus
—a Special Act for the County of Queens was passed
April 11, 1845, and another April 6, 1848, and.the Act
of 1832, so far as it applied to the County of West-
chester was amended by the Act of 1843.

By the Act of 1849, enlarging the powers of Boards
of Supervisors, this whole matter is under the control
of the Board of Supervisors of each County, and the
Board in Monroe and some other Counties have pass-
ed an act that the dog tax, when collected, shall be paid
to the Supervisor of each Town to be by him distri-
buted among the claimants for damages ; which dam-
ages are to be audited by the Board of Town Auditors.

Non-Resident’s Highway Tax. 1 &. 8, 508.

Tt

Sec. 32. It shall be the duty ofthe Overseers of notice to

Highways to give at least twenty-four hours’ notice to (if que

all persons assessed to work on, the highways, and
residing within the limits of their respective districts,
of the time and place, when and where they are to
appear for that purpose and with what implements ;

{
78

Notice to
Non-resi-
dents.

Jb.

Commuta-
tion for
work.

Proceedings
to collect
non-resi-
dent's tax.

WON-RESIDENT’S HIGHWAY TAX.

but no person, being a resident of the town, shall be
required to work on any highway, other than in the
district in which he resides, unless he shall elect to
work in some district where he has any land ; and in
such case he may, with the approbation of the Com-
missioners of Highways, apply the work assessed in
respect to such land, in the district where the same is
situated.

Sec. 33. It shall be the duty of the several Over-
seers of Highways to notify the agent of every non-
resident landholder, whose lands are assessed (if such
agent reside in the town where such assessment is
made,) of the number of days such non-resident is
assessed, and the time when, and the place where the
labor is to be performed; which notice shall be given
at least five days previous to the time appointed.

Sec. 34. If the Overseer cannot ascertain that such
non-resident has an agent within such town, he shall
affix a written notice on the outer door of the building
in which the last town meeting in such town was held,
containing a list of the names of such non-residents
when known, and a description of the tracts of land
comprised in his list, together with the number of days
labor assessed on each tract, and a specification of the
time when, and the place where such labor is to be
performed ; which notice shall be posted at least twen-
aoe before the time appointed for performing such

abor.

Sec. 35. Every person liable to work on the high-
ways shall work the whole number of days for which
he shall have been assessed ; but every such person,
other than an Overseer, may elect to’commute for the
same, or some part thereof, at the rate of sixty-two and
a half cents for each day, in which case sueh commuta-
tion money shall be paid to the Overseer of Highways
of the District in which the person commuting may
reside, to be applied and expended by such Over-
seer in the improvement of the roads and bridges in
the same district.

Sec. 47. Every Overseer of Highways shall, on or
before the first day of October, in each year, make out
NOTICE TO AGENT.

and deliver to the Supervisor of his town,.a list of all
the lands of non-residents, and of persons unknown,
which were taxed on his lists on which the labor as-
sessed by the Commissioners of Highways has not
been paid and the amount of labor unpaid; and the
said Overseer, previous to delivering such list, shall
make and subscribe an affidavit thereon, before some
Justice of the Peace of such town, that he has given
the notice required by the thirty-third and thirty-fourth
sections of this title, and that the labor for which such
land is returned, has not been performed.

Sec. 45. If any Overseer shall refuse or neglect to
deliver such list to the Supervisor, as provided in the
last preceding section, or shall refuse or neglect to take
the affidavit as therein directed, he shall for every such
offence, forteit the sum of five dollars, and also the
amount of the taxes for labor remaining unpaid, at the
rate of sixty-two and a half cents for each day, to be
recovered by the Commissioners of Highways of the:
Town, to be applied by them in making and improy-
ing the roads and bridges in suchtown. —,

Sec. 49. It shall be the duty of the Supervisors of
the several Towns, to receive the lists of the Overseers
of Highways, when delivered pursuant to the preced-
ing forty-seventh section, and lay the same before the
Board of Supervisors of the County.

Sec. 50. It shall be the duty of such Board at their
next meeting, to cause the amount of such arrearages
of labor, (estimating a day’s labor at sixty-two and a
half cents,) to be levied on the lands so returned, and
to be collected in the same manner that the contingent
charges of the County are levied and collected, to be:
paid over to the Commissioners of Highways of the

‘own, to be by them applied to the construction and
improvement of the roads and bridges in the district
for whose benefit the labor was originally assessed.

Notice to the Agent, under Section 83.

To Jonn Doz, Agent,
Take notice, that John Smith, a non-resi-
dent, is assessed three days on the highways in road

79

Proceedings,

&e.
380

NOTICE TO AGENT.

district No. 1, in the town of Pittsford, and that you
are required to appear on the road in said district, at
the house of Peter Smith, on the 11th day of July,
1849, at 8 o’clock, A. M., to perform such labor.
Dated July 5, 1849.
Yours, &.,  Ricnwarp Rog,
Overseer of Highways of said Dist.

Notice to be posted under Section 34. Non-Resident
Highway Tax.

List’ of lands of non-residents which were assessed
on the highway in road district No. 1, in the town of
Pittsford. John Smith assessed for lot No. 3, (or for
part of lot No. 8,) in said town, 3 days, and that such
labor is to be performed on the 24th day of July, 1849,
at 8 o’clock, A. M., in said road district, on the road
near the house of Peter Smith.

Dated July 5, 1849. Ricuarp Ros,

Overseer of Highways of' said Dist.

List to be delivered to the Supervisor under Section 47.

List of lands of non-residents which were taxed on
the list of Richard Roe, Overseer of Highways in and
for road district No. 1, in the town of Pittsford, in the
County of Monroe, on which the labor assessed by the
Commissioners of Highways of said Town, has not
been paid, to wit :

 

 

 

Name of Non-Residents. | Description of Land. | No. of days assessed.

John Smith Lot No. 3, (or north part of Lot
No. 3,) bounded north by lands of
; east by lands of = south by
landsof , and west by lands of
RICHARD ROE,

Overseer of Highways, &c.
REJECTED TAXES. 81

Monror Covnty,
Town of Pittsford. =

Richard Roe, Overseer of
Highways above named, being duly sworn, deposes
and says, that he has given the notice required by the
thirty-third (or thirty-fourth) section of title first, part
first, and chapter sixteen of the Revised Statutes in the
Case of the above named John Smith, and that the
three days’ labor for which said land of the said John
Smith is returned, has not been paid or performed.

Ricuarp Ror.

Subscribed and sworn this 25th
day of Sept., 1849, before me,

E.G. J.P.

Where there are several non-residents and some are
notified under the thirty-third section and some under
the thirty-fourth section, the affidavit will read, “that
he has given the notice required by the thirty-third
and thirty-fourth sections,” &e.

Leejected Taxes. 1 #.8., 404.
Sec. 86. The Comptroller shall, on or before the first Comptrotter

Tuesday ot October, in every year, furnish the Boards statements
of Supervisors of the several Counties from which re- fs"
turns of arrears of taxes shall have been received at
his office, with statements of the sums paid out of the
State Treasury, to their respective County Treasurers,
an account of such arrears during the year preceding.

Sec. 37. The Comptroller shall, on or before the first transcripts
day of September, in each year, transmit by mail top covey
the several County Treasurers, a transcript of the
taxes of the preceding year, assessed in any town of
such county, which shall have been rejected by him
for any cause whatever, stating therein the cause of
such rejection.

Sec. 38. Whenever the Comptroller, after having os tTenas’”

transmitted such annual transcript, shall discover that impevectly
6
82 REJECTED TAXES. \

any taxes credited to the County in the books of his
office, have been assessed on lands so imperfectly des-
cribed, that the same cannot, in his opinion, be located
with certainty, he shall charge such taxes to the Trea-
surer of the County in which such lands shall be, with
interest thereon, from the first day of March in the
year following, that in which the taxes were laid, to
the first day of February next, after the discovery of
such imperfect description.

Assessments Sec. 39. The Comptroller shall also transmit, by

faperfeety mail, a transcript of the return of such taxes, with the

described. addition of such interest to the proper County Treas-
urer, who shall deliver the same to the Supervisor of
the Town upon which such taxes are to be assessed, by
whom it shall be delivered to the Board of Supervisors
at their next meeting. If the Town upon which the
taxes were originally assessed, shall have been divided
since such assessment, the County Treasurer shall de-
liver such transcript to the Board of Supervisors at
their next meeting.

Ih. Duty of Sec. 40. Whenever the Comptroller shall have re-

of Town, jected any tax in the first instance, or have charged
the same to a County to which it shall have been be-
fore credited on account of any inaccurate or imper-
fect, 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 as-
sessment roll of such town an accurate description of
such lands ; 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 collec-
tion thereof. And such taxes and interest shall, for all
the purposes of this chapter, be considered as the
taxes of the year in which the descriptions shall be
perfected.

Duty of | Sec. 41. If an accurate description of such lands
Supervisors. Shall not have been added by such Supervisor to the
assessment roll of his town, the Board of Supervisors
shall cause such arrears of taxes and the interest
thereon, to be levied on the valuations of the estates,

real and personal, of such town, as appearing by such
REJECTED TAXES. 83

assessment roll, and shall direct the same to be col-
lected with the other taxes of the same year.

Sec. 42. If the Town in which such taxes were ori-If Town has
ginally assessed, shall have been divided since such"™°"**
assessment, then such taxes and interest, shall be ap-
portioned by the Board of Supervisors among the
towns, included within the limits of such original
towns, in such equitable manner as they may deem
proper.

Sec. 43. Whenever it shall be made to appear to the Tex when to
Comptroller that any tax returned as unpaid, was, pre-e cele”
viously to such return, paid to the Collector or Coun-
ty Treasurer, the Comptroller shall cancel such tax on
the books of his office. And if the same shall have
been also paid into the Treasury, he shall canse it to
be repaid out of the Treasury to the person by whom
such payment shall have been made.

Sec. 44. Whenever any tax shall beso cancelled by
the Comptroller, he shall transmit an account thereof

to the Supervisor of the proper County, who shall
’ cause the amount of such tax, with the interest there-
on, to be collected of the Collector or County Treas-
urer, who made such erroneous returns, and to be paid
into the Treasury of this State.

Sec. 45. If any taxes charged on lands, shall remain toterest on
unpaid until the first day of August following the year ™**
in which they shall have been assessed, they shall
thereafter be subject to a yearly interest at the rate of
ten per cent., until the same shall be paid to the Treas-
urer, or the Jand as hereinafter provided.

Sec. 46. The Comptroller shall, from time to time, certificate of
give to any person requiring the same, a certificate of “s*8*-
the amount of any tax, interest and charges, due on
any tract, piece or parcel of land ; and the Treasurer
may receive such tax, interest and charges, and give a
receipt therefor upon such certificate, which shall be
countersigned by the Comptroller, and entered in the
books of his office.

Sec. 47. Whenever a sum in gross is assessed UPON part of tax
any tract, piece or parcel of land, any person claiming my be paid.
a divided or undivided part thereof, may pay to the
84

Map when
required.

Tax paid for

one year
only,

Over-charge.

REJECTED TAXES.

Treasurer any part of the tax, interest and charges
due thereon, proportionate to the number of acres
claimed by him, on the certificate of the Comptroller;
and the remaining tax, interest and charges shall be a
lien on the residue of the land only.

Sec. 48. If the tract be subdivided, the person wish-
ing to pay the tax upon the subdivided part of it, shall
deliver to the Comptroller a map of the subdivisions,
if required by him.

Sec. 49. Any person may pay the tax for any one
year and the interest and charges thereon, on any
tract or lot of land, without paying the tax of any
other year; and in case any tract or lot of land shall
have been returned as containing a greater quantity of
land than it shall actually contain, the amount over-
charged shall be deducted, or if the tax shall have
been paid according to such return, shall be refunded
out of the treasury, on satisfactory proof being pro-
duced to the Comptroller, of the quantity actually
contained in such tract or lot, at any time before the
sale of such lands.

Sec. 50. If the whole amount of the tax in the case
of such overcharge shall have been paid to the Coun-
ty Treasurer, out of the treasury of this State, the
Comptroller shall charge the amount so refunded, with
the interest and charges thereon to the Treasurer of
the County, from which the tax was returned, and
shall transmit an account thereof to him.’

Sec. 51. Such County Treasurer shall deliver such
account to the Board of Supervisors at their next
meeting, who shall cause the amount thereof to be
added to the proportion of the charges of the County,
to be raised in the town in which the tax was laid.

The Supervisor, on receiving from the County
Treasurer a transcript of the return of taxes rejected for
want of a proper description, shall, if in his power,
add a proper description to the next assessment roll of
such town. [See sections 39, 40, 41.] In giving this
description, give the name to whom assessed, if any
REJECTED TAXES.

such name be on the transcript, and the number of the.

lot or such a part of such a number, or give the boun-
daries, or bounded on the north by lot No. 1, (or by
land of Peter Smith,) on the east by lot No. 3, (or by
lands of John Doe,) on the south by lot No. 2, (or
lands of Richard Roe,) and on the west by No. 4, (or
lands of James Jackson,) and the tax and interest will
be carried out at the end of such description ; but
when the several Supervisors cannot describe such
lands, and if any neglect so to do, the said transcripts
are to be delivered to the Clerk of the Board, and the
following resolution ought to be adopted by the Board
at its next meeting :
On motion of Mr. Staples,

Resolved, That the Supervisors of the respective
Wards and Towns, having rejected taxes, re-assess the
same upon the several lots so rejected, for want of a
proper description, and returned by the Comptroller ;
and in case they are not so re-assessed, that the Clerk
of this Board levy the several amounts on such parts
thereof as are not re-assessed upon the real and per-
sonal estate of the several towns where they belong.

Frequently the Collector is unable to collect a tax
upon personal property ; in such case, it is to be re-
turned under oath to the County Treasurer, who credits
the amount to the Collector, and the County Treasurer
lays the same before the Board of Supervisors at their
next meeting, as there are generally several cases of
the kind, the several amounts can be raised under one
general resolution, as follows :

« On motion of Mr. Staples,

Resolved, That the several amounts for unpaid taxes
on personal property returned to the County Treasurer
be assessed upon the several towns and wards where

85
86

First elec-
tion of
Judges of
Court of Ap-
peals.

Surrogates,
when to be
elected,

Recorders to
be elected in
all the cities
except New
York.

JUDGES, SURROGATE AND OTHER OFFICERS.

they belong as follows: Penfield, $3,50; Henrietta,
$2,50 ; First Ward, $150,79, &e. ‘

By an act passed April 13, 1855, as to taxes on
lands of non-residents, some additional provisions are
made in relation to unpaid taxes, and how they shall
be collected. [See Act of 1855, p. 781.]

County Judge and Surrogate, and other Officers. See
1 Volume, Laws of 1847, p. 3806.

Sec. 1. The first election of Judges of the Court of

Appeals, the Justices of the Supreme Court, the Coun-
ty Judges in the respective Counties, ae City and
County of New-York excepted,) the District Attor-
neys of the respective Counties, and all other Judicial
Otticers, whose election shall be provided for by this
act, shall be elected on Monday, the 7th day of June
next.
Sec. 2. There shall be elected a separate Officer to
perform the duties of the office of Surrogate in each of
the counties of this State, except New York, having a
population exceeding forty thousand, in which such
separate officer shall be determined upon, as hereinaf
ter provided.

Sec. 3. There shall be elected from each of the ci-
ties of this State, (except the city and county of New-
York,) in which the office of Recorder existed on the
thirty-first day of December, eighteen hundred and
forty-six, one Recorder, who shall hold his office for
four years from the first day of January next, and the
respective Recorders, who shall be in office at the time
this act shall take effect, (except in the city and coun-
ty of New York,) shall continue such Recorders until
the first day of January next; and all such Re
corders, as shall hereafter be elected, shall hold their
office for four years from and after the first day of
January succeeding their election.

Sec. 8. Provides that in all cases where any county
in this State, (except the city and county of New York,)
shall have a population exceeding forty thousand, the
JUDGES, SURROGATE AND OTHER OFFICERS. 87

Board of Supervisors therein, at any meeting of such
Board, may, by a resolution thereof, provide for the
election of an Officer other than the County Judge,
who shall perform the duties of the office of Surrogate
therein.

Sec. 9. Such resolution shall be immediately deliv-
ered by the Clerk of the Board of Supervisors to the
County Clerk, whose duty it shall be to file the same
in the office of the Clerk of such county, and keep the
same asa part of the records thereof.

Sec. 10. Within ten days after such resolution shall
be filed in the office of any such County Clerk, he
shall transmit to the Secretary of State, to be filed and
kept in his office a copy of such resolution, duly certi-
fied by him.

Sec. 11. The Board of Supervisors in the several Bosra of su-
counties of this State, (except New York,) shall meet fe"rigy.°
at the office of the County Clerk, in their respective
counties on the 25th of May instant. When so con-
vened, they shall fix the salary of the County Judge,
and in the proper counties, of the separate officer
elected to perform the duties of the office of Surrogate.

They shall also, at the same meeting in those counties
having a population exceeding forty thousand, deter- tps"?
mine whether the office of County Judge and Surro- Sony.
gate shall be separate, and if separate, they shall . fix surrogate.
the salary of such separate officer. But this section |
shall not apply to counties having a population less

than forty thousand, the Board of Supervisors whereof

have already fixed the salary of the County Judge;

nor to those counties having a population exceeding

forty thousand, the Boards of Supervisors whereof

have already determined whether to have a separate

officer as aforesaid, and have fixed the salary of said
officer, if such separate officer shall have been deter-

mined upon, and shall have fixed the salary of the
County Judge, and the act of the Board of Supervi-

sors, fixing the salary of a separate officer to perform

the duties of the oftice of Surrogate in any county in

which said officer shall be elected by the constitution,

and the provisions of the act is hereby confirmed, and
88 JUDGES, SURROGATE AND OTHER OFFICERS.

shall be deemed as valid, as if the same had been fixed
in pursuance of this act.

When to en- Sec. 12. The separate officers elected to perform the

duties of Cuties of the office of Surrogate, and the local officers

their office. to perform the duties of County Judge and Surrogate,
and elected at the election provided for by this act,
shall enter upon their duties on the first Monday of
July next, and hold their offices for the term of four
years from the first day of January next; and after
the expiration of the term of oftice of those first elected,
the term of office of said officers shall be four years.

When office Sec. 18. Whenever the office of a County Judge

fo redcencashall be vacant in a county having a porulation ex-

yeeintand ceeding forty thousand, the Board of Supervisors of
that county, if there be a separate officer to perform
the duties of the office of Surrogate in said county,
may resolve that there shall be no such officer in said
county ; and thereupon the office of such officer shall
be deemed vacant and abolished, from the time that
the office of County Judge shall be filled ; or, if there
be no such officer, said Board may resolve that there
shall be such office in such county, in which case such
officer shall be elected at the time and in the manner,
in all respects, that the County Judge in said county .
shall be elected; and said Board may, at any such
meeting, alter the salary of the County Judge, and fix
the salary of such separate officer.

When Board Sec. 14. Separate officers elected to perform the du-
sors may de- ties of the office of Surrogate, under the fourteenth

sSunosats, section of Article Six of the Constitution, shall be de-
nominated Surrogate of their respective counties.

In some counties, where the Board of Supervisors
have decided to have no separate officer for a Surro-
gate, and wish to alter such decision under section 18,
the following form can be observed : ‘

On motion of Mr. Haywood,

Lvesolved, That in pursuance of the constitution of
this State and of the Act of the Legislature, passed
May 12, 1847, this Board determines that the office of
PLAND ROADS AND TURNPIKES. 89

County Judge and Surrogate shall be separate, and
hereby provides for the election of such separate offi-
cer, who shall be denominated Surrogate of the Coun-
ty of Ontario, and who shall perform the duties of the
office of Surrogate therein. '

Resolved, That this Board does hereby fix the salary
of the Surrogate of this county to be elected under
the new constitution, at the sum of six hundred dollars
per annum.

Lesolved, That this Board does, hereby fix the sala-
ry of the County Judge at the sum of one thousand
dollars.

Plank Roads and Turnpikes. 1st Volume Laws of
1847, p. 216.

2d and 3d sections provide for the organization of
the company.

Sec. 4. Whenever such company shall be desirous coppany te
to construct a plank road or turnpike road through cttion to Su-
any part of any county, it shall make application to ,
the Board of Supervisors of such county at any meet-
ing thereof legally held, for authority to lay out and
construct such road, and to take the real estate neces-
sary for such purpose ; and the application shall set
forth the route and character of the proposed road as
the same shall be described in the Articles of Associa-
tion filed as aforesaid. Public notice of the applica-
tion shall be given by the company previous to pre-
senting the same to such Board, by publishing such
notice once in each week for six successive weeks in
all the newsapers printed in such county, or in three
of such newspapers, if more than three are published
in such county, which notice shall specify the time
when such application will be presented to such Board,
the character of the proposed road, and each town,
city and village, in or through which it is proposed to
construct the same.
90 PLANK ROADS AND TURNPIKES.

fee Sec. 5. If such company shall desire a special meet-

ed, ing of the Board of Supervisors for hearing the same,
any three members of such Board may fix the time of
such meeting, and a notice thereof shall be served on
each of the other Supervisors of the county, by deliv-
ering the same to him personally, or by leaving it at
his place of residence at least twenty days before the
day appointed for such meeting. The expense of such
special meeting, and of notifying the members of such
Board thereof, shall be paid by such company.

Owners of Sec. 6. Upon the hearing of the said application,

hea” all persons residing in such county, or owning real

estate in any of the towns through which it is proposed
to construct such road, may appear and be heard in
respect thereto. Such Board may take testimony in
respect to,such application, or may authorize it to be
taken by any judicial officer of such county, and it
may adjourn the hearing from time to time.

Application Sec. 7. If, after hearing such application, such Board

aseentea to Shall be of the opinion that the public interests will be

by Supervir_ yromoted by the construction of such road on the pro-
posed route as may be described in the application, it
may, if a majority of all the members elected to such
Board, shall assent thereto, by an order to be inserted
in its minutes; authorize such company to construct
such a road upon the route specified in the application,
and to take the real estate necessary to be used for
that purpose; a copy of which order, certified by the
Clerk of such Board, the said company shall eause to
be recorded in the Clerk’s office of such county before
it shall proceed to do any act by virtue thereof.

Three Com. ec. 8. Whenever any such Board shall grant such

missioners to an application, it shall appoint three disinterested per-

aS sons, who are not the owners of real estate in any town
through which such road, shall be proposed to be con-
structed or in any town adjoining such town, Com-
missioners to lay out such road; the said Commission-
ers, after taking the oath prescribed by the constitution, .
shall proceed without unnecessary delay to lay out the
route of such road in such manner as in their opinion,
will best promote the public interest ; they shall hear
PLANK ROADS AND TURNPIKES.

all persons interested, who shall apply to them to be
heard ; they may take testimony in relation thereto ;
they shall cause an accurate survey and description to
be made of such route, and of the land necessary to
be taken by such company for the construction of such
road and the necessary buildings and gates; they
shall subscribe such survey and acknowledge its exe-
cution, as the execution of deeds is required to be ac-
knowledged, in order that they may be recorded, and
they shall cause such survey to be recorded in the
Clerk’s office of such county. If such company shall
intend to construct its road continually in or through
more than one county, such application shall specit'y
the number of Commissioners wel the company desire
to have appointed to lay out such road, which shall
not exceed three for each county, and an equal number
of such Commissioners, shall be appointed by the
Board of Supervisors of each county in or through
which it shall be proposed to construct such road, but
the whole number of such Commissioners shall not be
less than three, nor without the consent of such com-
pany shall it exceed six, unless the number of counties,
in or through which it is proposed to construct such
road, shall exceed that number. And the Commis-
sioners so appointed, shall lay out the whole of such
road, and shall make out a separate survey of so much
thereof as lies in each county, which shall be subscrib-
ed and acknowledged as aforesaid and recorded in the
County Clerk’s office of such county. Such company
shall pay each of said Commissioners two dollars for
every day spent by him in the performance of his du-
ties as such Commissioner, and his necessary expenses.

Sec. 26. Provides that whenever it shall be neces-
sary for any such company, to use any part of a pub-
lic highway for the construction of a plank or turnpike
road, the Supervisor and Commissioner of Highways
of the Town, in which such highway is situated, or a
majority, if there be more than one such Commission-
ers in such Town, may agree with such company upon
the compensation and damages to be paid by said
company, for taking and using such highway for the

91
92

Inspectors to
be appointed.

SUPERVISOR'S ORDER.

purposes aforesaid. Such agreement shall be in writ-
ing, and shall be filed and recorded in the Town Clerk’s
office of such town. In case such agreement cannot
be made, the compensation and damages for taking
such highway for such purpose shall be ascertained in
the same manner as the compensation and damages
for taking the property of individuals. Such compen-
sation and damages shall be paid to the said Commis-
sioners, to be expended by them in improving the
highways of such town.

Sec. 33. In each county of this State, in which there
shall be any plank road or turnpike road constructed
by virtue of this act, there shall be three Inspectors of
such roads, who shall not be interested in any plank or
turnpike road in such county. They shall be appoint-
ed by the Board of Supervisors of the County, and
shall hold their offices daring the pleasure of such
Board. Before entering on their duties such Inspec-
tors shall take and subscribe the constitutional oath of
office and file the same in the office of the Clerk of the
County.

Order of Supervisors under Sec. 7.

Resolved, That the Pittsford Plank Road Company
be authorized to construct a plank road on the route
specified in its application to this Board, to wit : to be
constructed of a single track of eight feet or thereabouts
in width, and to run from the City of Rochester and
pass through the Village of Brighton, and the Towns
of Brighton and Pittsford, to the Village of Pittsford,
and to take the real estate necessary to be used for
that purpose, a majority of all the members of this
Board having assented thereto.

Order of the Board Appointing Commissioners under
Section 8.

Lesolved, That James Jackson, Peter Nix and Rich-
ard Roe are hereby appointed Commissioners to lay
INSPECTORS.

eut a plank road on the route specified in the applica-
tion of the Pittsford Plank Road Company, and men-
tioned in the order of the Board authorizing its con-
struction.

Order Appointing Inspectors under Section 33.

Lresolved, That, in pursuance of the thirty-third sec-
tion of an Act of the Legislature of this State, passed
May 7, 1847, Enoch Strong, Joshua Tripp, and Lewis
Selye are hereby appointed Inspectors of Plank and
Turnpike Roads constructed by virtue of said act, in
and for the County of Monroe, to hold the same dur
ing the pleasure of this Board.

further Enactment.

An Act in Relation to Plank Road and Turnpike
Companies, passed November 24, 1847, p. 495.

Sec. 1. Any company formed under the provisions
of chapter 210, of the Laws of 1847, entitled “An
Act to Provide for the Incorporation of Companies to
Construct Plank Roads, and of Companies to Con-
struct Turnpike Roads,” may procure by purchase or
gift from the owner thereof, any land necessary for the
construction of so much of its contemplated road as
shall be intended to be constructed in any county.
They may also procure by agreement from the officers
named in the twenty-sixth section of said chapter, the
right to take and use any part of any public highway
necessary for the construction of so much of such road
as shall be intended to be constructed in such county;
and when any such company shall have procured all
the lands necessary to be used for the construction of
its road in such county, and the title to take and use
such parts of the public highways in such county as
shall be necessary for that purpose, such company may
construct so much of its road as shall be intended to
be constructed in such county, without making the ap-

=

93
94

FURTHER ENACTMENT.

plication mentioned in the fourth section of the said
chapter.

Sec. 2. Before proceeding to construct such part of
its road as provided in the first section of this Act,
such company shall cause an accurate survey of such
part to be made by a practical surveyor, signed by its
President and Secretary, acknowledged by them as
conveyance of real estate, or to be acknowledged in
order to be recorded in the County Clerk’s office. ° It
shall also, before proceeding to construct such part of
its road, procure in the manner provided by the said
chapter, from the Supervisors of every other county, if
any there be in which any portion of it is intended to
be constructed, authority to construct the same through
such other county; but in such case the Commission-
ers appointed to survey and lay out the road of such
company, shall not be required to survey and lay out
the portion of it intended to be constructed within the
county, and which such company shall have procured
the lands and the right to take and use the public high-
ways necessary for its construction as aforesaid.

Sec. 3. When any such company, by virtue of the
provisions of this act, shall have procured the lands
and the right to take and use the parts of any highways
necessary to construct its road in any county, and
shall have constructed the same without making the
application mentioned in the fourth section of the said
chapter, it shall possess the rights, powers and _privi-
leges, and be subject to the same duties and liabilities
in respect to its road and the part thereof so construct-
ed, as if such application had been made, and all the
proceedings of such company had been had, pursuant
to the provisions of the said chapter.

Sec. 4. Nothing in this'act contained shall be deem-
ed or construed to authorize the laying out or con-
structing of any road'in the cases specified in section
nine of chapter 210 of the Laws of 1847, nor to au-
thorize the bridging or obstructing of any stream navi-
gable by vessels or steamboats.

Sec. 5. This act shall take effect immediately.
FORM OF AGREEMENT BY TOWN OFFICERS.

Form of Agreement by Town Officers under Sec. 1.

The subscribers, the Supervisors and Commissioners
of Highways of the Town of Brighton, in the County
of Monroe, hereby agree to and with the Brighton
Plank Road Company, in consideration of the public
benefit to result therefrom, and in pursuance of “ An
Act in Relation to Plank Road and Turnpike Road
Companies,” passed November 24, 1847, to grant and
allow to said company, and hereby grant and allow to
said company the right to take and use any part of
any public highway in said town, necessary for the
construction of their road according to the provisions
of the law in such case made and provided.

E. F., Supervisor.

i a f Commissioners.

The third section of act, entitled “ An Act in rela-
tion to Plank Road and Turnpike Road, passed April
1855,” provides that every instrument in writing pur-
porting to be an agreement between any Plank Road

Company and the Supervisor, or Commissioner of

Highways of any Town, in pursuance to section twen-
ty-six of chapter two hundred and ten of the Session
Laws of 1847, and heretofore filed or recorded in any
Town Clerk’s office, shall be deemed and taken in all
courts and places to be as valid and effectual an agree-
ment as if the same had been made and executed at a

regular meeting of such Supervisor and Commission- .
er or Commissioners of Highways. The provisions of’

this section shall not affect suits now commenced.

Of Courts. Act of 1849, p. 619, and Code of 1851,
p. 10.

Sec. 28. The Supervisors of the several Counties.

95
96

MILITIA.

shall provide the Courts to be held therein with rooms,
attendants, fuel, lights and stationery, suitable and suf-
ficient for the transaction of their business. If the Su-
pervisors neglect, the Court may order the Sheriff to
do so; and the expense incurred by him in carrying
the order into effect, when certified by the Court, shall
be a county charge.

Fees of Judicial Officers’ Act. See Act of 1849,
p. 135.

Sec. 1. The ninth section of the act passed March
12, 1847, entitled “An Act to Provide for the Pay-
ment of certain Expenses of the Government, and to
Fix the Salaries of certain Judicial and other Officers,
and for other purposes, is hereby amended s0 as to
read ag follows :

Sec. 9. Such County Officers shall, in no case, per-
form any official services, unless upon pre-payment of
the fees and perquisites imposed by law upon any per-
son for services rendered by such Officer in his official
capacity, and upon such payment it shall be the duty
of any officer to perform the services so required.
They shall also pay over all sums so received by them
for such fees and perquisites, after deducting their sal-
aries, to the Treasurers of the respective Counties, on
the first Monday of May and November of each year.
Also to render an account, giving each item of fees
received, by their affidavit to the Board of Supervisors,
at their annual meeting of each year.

Militia—Of Enrolments—Act of 1854, p. 1028.

Sec. 1. The Assessors chosen in each City, Village,
Town, or Ward, shall annually, and at the same time
they are engaged in taking the assessment or valuation
of real and personal property in their respective towns
or wards, include in their assessment roll the names of
all persons in their respective assessment districts be-
tween the ages of eighteen and forty-five years, liable
to be enrolled by the laws of the United States; they
shall prepare an additional column in said roll which
MILITIA.

_ shall be headed “Military Roll,” and in such column
opposite the name of each person not exempt, shall
insert “50,” and every copy required by law to be
made of said assessment roll, shall contain the addi-
tion herein specified; such assessors shall give notice
to every person whom they shall embrace in their
Military Roll, that he is so enrolled; such notice may
be given by informing said person thereof, or by giv-
ing information to some persons of suitable age and
discretion at his place of residence or business.

Sec. 8. Provides that when the said roll shall be
completed, the Assessors shall sign the same, and
attach thereto an affidavit, to the effect that the roll
contains the names of all persons residing in said town,
required to be enrolled; the said Assessors shall then
deliver said roll to the Supervisor of the Town or
Ward, who shall deliver the same to the Board of Su-
pervisors at their next annual meeting, and the Clerk
of each Board of Supervisors shall intorm the Adju-
tant-General of the number of persons enrolled in each
county.

Sec. 14. Provides that the Board of Supervisors of
each County in this State, at their annual meeting,
shall, in a column to be provided for that pyrpose in
the corrected Assessment and Military Roll, set oppo-
site to the name of every person not exempt, and
against which the words “Armed and Equipped,”
shall not appear the sum of fifty cents, which sum
shall be paid by such person as commutation of the
arms, accoutrements and exercise specified in the Act
of Congress, approved May 8, 1792.

Sec. 15. Provides that said tax shall be collected in
the same manner as other taxes are collected in such
county.; and the warrants annexed to the Assessment
Rolls by the Supervisors, shall direct the Collectors to
collect the amount from every person so assessed ; and
where the person so assessed shall be between the ages
of eighteen and twenty-one, the warrant shall direct

the Collectors to collect the same of the father, master ,

or guardian, with whom such person shall reside or
out of any property of such minor.

97
98

LOAN COMMISSIONERS.

Sec. 19. Provides that the bond required to be exe-
cuted by the Collector, Receiver of Taxes and County
Treasurer, shall apply to any moneys required to be
collected for military purposes by this act.

Sec. 23. Provides that in case said Military Tax
cannot be collected, the said Collectors are required to
return the names of such delinquents to the County
Treasurer, who is required to lay the same before the
Board of Supervisors at their next meeting. The Su-
pervisors ‘are directed by section twenty-fifth to add
such sum to the next annual Commutation Assessment
of the next year.

Sec. 27. Provides that if any Civil or Military Of
ficer charged with any duty under the provisions of
this act, shall refuse or neglect the same, he shall for-
feit not less than twenty-five dollars, nor more than
fifty dollars, and shall also be guilty of’ a misdemeanor.
This section does not apply to Collectors and Assess-
ors, for the tenth section provides that Assessors are
liable to be fined not less than twenty-five dollars, nor
more than fifty dollars for any neglect under this act, and
the same section declares such neglect a misdemeanor.
The Collector for any neglect is liable upon this bond.

Commissioner of Loans and Supervisor. Act of 1838,
and General Statutes, p. 284.

Sec. 1. No person holding the office of Commis-
sioner for Loaning the Moneys belonging to the United
States, deposited with the State of New York for safe-
keeping, under the act passed April 4, 1887, shall be
eligible to the office of Supervisor in any town or ward
of this State.

Sec. 2. No Supervisor of any town or ward shall be
eligible to the office of Commissioner under the act
aforesaid.

Commissioner of Schools. General Statutes, 384.

Sec. 16. No Commissioner of Common Schools or

Supervisor of a Town shall be eligible to the office of
SUITS AGAINST SCHOOL OFFICERS. 99

Trustee of a School District, and no person chosen a
tie can hold the office of District Clerk or Col-
ector.

Superintendent of the Poor. General Statutes, 489.

Sec. 1. No Supervisor of any Town, or County
Treasurer, shall be ae to hold the office of Su-
perintendent of the Poor in any county in this State.

An Act in Relation to Suits against District School
Officers, Passed May 1, 1847, p. 163.

Sec. 1. Whenever a suit shall have been commenced, Provisions in
or shall hereafter be commenced against any of the commenced.
Officers of a School District for any act performed by
virtue of, or under color of their office, and such suit
shall have been finally determined, it shall be the duty ,
of the Trustees to ascertain in the manner hereinatter’
described, the actual amount of all the costs, charges
and expenses paid by such Officer, to cause the same
to be assessed upon and collected of the taxable inha-
bitants of said district in the same manner as other
taxes of said district are by law assessed and collected,
and when so collected, to pay the same over to the Of
ficer by virtue of this act entitled to receive the same,
but this provision shall not extend to suits for penal-
ties, nor suits or proceedings to enforce the decisions
of the Superintendent. This section, amended by Act
of 1849, p. 545, to the effect that the district must vote
the money before it can be raised.

See. 2. Whenever any person mentioned in the first f2rsors. 237"

ing costs to
section of this act shall have paid any costs, charges present an :
or expenses as mentioned in said first section, he shall der oath.
make out an account of such charges, costs and ex-
penses so paid by him, giving the items thereof, and
verify the same by his oath or affirmation; he shall
serve a copy of such account so sworn to, upon the
Trustees of the district against which such claim shall
be made, together with a notice in writing, that on a
certain day therein specified, he will present such ac-
100

Payment
when to be
made by Su-
peryisors.

Copy to be
entered on
the District
Records.

SUITS AGAINST SCHOOL OFFICERS.

count to the Board of Supervisors of the County in

which such school district shall be situated, for settle-

ment at some legal meeting of such Board; and it

shall be the duty of the Officer upon whom such copy,

account and notice shall be served, to attend at the

time and place in such notice specified, to protect the

rights and interests of such district upon such settle--
ment.

Sec. 3. Upon the appearance of the parties, or upon
due proof of service of the notice and copy of account
mentioned in the second section of this act, if the said
Board shall be of opinion that such account or any
portion thereof ought justly to be paid to the claimant,
such Board may, by an order to be made by a majority
of all the members elected to the same and to be en-
tered in its minutes, require such account, or such part
thereof as such Board shall be of opinion ought justly
to be paid to the claimant by such district, to be so
paid, but no portion of such account shall be so or-
dered to be paid, which shall appear to the said Board
to have arisen from the wilful neglect or misconduct
of the claimant. The account, with the oath of the
party claiming the same, shall be prima facia evidence
of the ‘correctness thereof. The Board may adjourn
the hearing from time to time as justice shall seem to
require.

Sec. 4. It shall be the duty of the Trustees of any
School District, within thirty days after the service of
acopy of such order upon them, to cause the same to
be entered at length in the Book of Records of said
district, and to issue to the Collector of said district a
warrant for the collection of the amount so directed to
be paid, in the same manner and with the like force
and effeet as upon a tax voted by said district.

Sec. 5. This act shall take effect immediately.

When the account is properly before the Board of
Supervisors, it would be advisable to appoint a com-
mittee of three to take the evidence in the case, and
to report the same to the Board, if the Board be of
‘

TOWN ACCOUNTS. 101

opinion that it ought to be paid, it may adopt and en-
ter in its minutes the following order :

esolved, That in the opinion of the Board, the ac-
count of John Doe, Collector of School District No. 6,
in the Town of Pittsferd, for damages, costs, and ex-
penses paid by him for and on account of a judgment
obtained by Richard Roe against him as such Collec-
tor, amounting to forty-five dollars and fifty cents,
ought justly to be paid to him, and a majority of all
the members elected to the Board, hereby order and
require that the said amount be paid to said John Doe,
by the said School District No. 6, in Pittsford.

Town Accounts. ‘i

An Act in Relation to the Accounts of Town Officers,
passed May 14, 1840. Chap. 205, p. 251.

Sec. 1. The Supervisor, Town Clerk, and Justices of Board of
the Peace, or any two of the said Justices of the Peace tos.
of the several Towns in this State, shall constitute a
Board of Town Auditors, for the purpose of auditing
and allowing the accounts of all charges and claims

payable by their respective towns.
Sec. 2. The said Board of Auditors shall meet for Time and

the purpose of auditing and allowing such accounts meeting.
annually, in each town, at the place of holding the
last town meeting, on the last Saturday preceding the
annual meeting of the Board of Supervisors of the

County.

Sec. 3. The said Board shall make a certificate to Certificate of
be signed by a majority of said Board, specifying the tors.
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
102 TOWN ACCOUNTS.

said town, to be by him laid before the Board of Su-
pervisors of his County at their annual meeting.

Sec. 4. The said Board of Supervisors are hereby
authorized and directed to cause to be levied and raised
upon said town, the amount specified in said certificate
in the same manner as they are -now directed to levy
and raise other town charges.

iatiseal- Lhe second section of the above act has been amend-
tered: ed, fixing the time for the meeting of the Board on

Thursday, instead of Saturday, prior to the meeting
of the Board of Supervisors. The following is the
amended Act:

Amendment. An Act to Amend an Act, entitled “ An Act in Rela-
tion to the Accounts of Town Officers, passed May
14, 1840.” Passed April 29, 1844.

Sec. 1. The second section of the act, entitled “An
Act in relation to the Accounts of Town Officers, pass-
ed May 14, 1840,” is hereby amended by striking out
the word Saturday, and inserting therein the word
Thursday, so that the said section shall read as fol-
lows :

Sec. 2. 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 Thursday preceding the
annual meeting of the Board of Supervisors of the
County.

Town Audi. The Town Auditors under the above act audit ac-
their.own counts only for the services of Town Officers, the ac-
counts for moneys received and disbursed, are audited
one week before the annual town meeting. All ac-
counts for services as Town Officers are -here audited
except Justices and Constables’ fees in criminal pro-
ceedings, which are audited by the Board of Supervis-
ors, by the twenty-first section of the act to reduce the

t
TOWN ACCOUNTS.

number of Town Officers, &c., passed May 10, 1845.
The Board of Town Auditors could not audit their
own accounts, but this section was repealed by the act
passed 15th December, 1847, amending said act ; they
therefore have now the right to audit their own ac
counts. The accounts ought to be made out in due
form against the town, giving the date of each item
and stating the kind of service, and if the person pre-
senting the account holds two or three offices, as is
sometimes the case, he ought to state in his account
the different offices, in order that the abstracts of the
same may be correctly made out. These accounts are
to be verified by affidavit after the following form, to
be attached to each account :

Mownror County, ss.

Joseph True, of Pittsford, in said county,
being duly sworn, deposes and says, that the items of
the above account are correct, and that the disburse-
ments and services charged therein, have been in fact
made or rendered, and that no part, thereof has been

paid or satisfied.
JosEPH TRUE.
Subscribed and sworn, this 27th
day of Sept., 1859, before me, t

Eruram Goss, J. Peace.

The word “ disbursements,” is inserted in the above
form, for the reason that some Town Officers may pay
postage or some other necessary expenses, which
would be a proper charge against the town, but if
there be no such item in the account, then the words
“ disbursements and,” and “made or,” may be omitted
in the affidavit.

103
104

ABSTRACTS OF ACCOUNTS.

Abstracts of Accounts Audited.. See 24th Section of
Act of 1847, Vol. IL, p. 588.

Abstracts of Sec, 24. It shall be the duty of Boards of Town

Town ac-
counts,

Form of Au-

ditors’ Certi-

ficate.

Auditors to make, annually, brief abstracts of the
names of all persons who have presented to said Board
accounts to be audited, the amounts claimed by each
of the 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 him, by the four-
teenth section of this act.

The following form will comply with the above sec-
tion and also with section third of the act of 1840.

We, the Board of Town Auditors for the Town of
Pittsford, having met at the Methodist Church in said
town, (the place where the last town meeting was held,)
on Thursday the 28th day of September, 1848, do
certify, that the persons whose names are hereinafter
mentioned, appeared before us and exhibited their ac-
counts against said town, and that we did audit and
allow the same for the services rendered by them, and
at the sums set opposite their respective names,

CLAIMED. ALLOWED.

Ephraim Goss, Supervisor & J. P., $8,55 — $8,55

Henry H. Parsons, Clerk of Election 1,25 1,25
Elias Matthews, Jus. of Peace and

Commissioner of Highways, 14,25 14,25
Elijah Treat, Surveyor and Clerk of

Election, 7,25 7,2
Wales M. Huntington, Highway

Commissioner, 5,00 5,00
George Eddy, J. Peace, 5,75 5,45
Charles Dunham, Overseer of the

Poor, 41,50 41,50.

Heman Lusk, Assessor, 9,38 9,38
CLERK’S CERTIFICATE.

Thomas E. Haynard, Town Superin-

tendent of Schools, $31,938 $31,938
Solomon Stone, Commissioner of

Highways, 10,50 10,50
John Hoath, Assessor, 13,13 13,18
Joseph True, Town Clerk, 13,76 13,76
Joseph L. King, Assessor, 10,00 10,00
Ira Bellows, Inspector of Elections

and Surveyor, 5,00 5,00

 

 

$177,25 $177,25

The original accounts, with the affidavits, must be
filed in the Town Clerk’s office.

Duties of Town Clerk. 1 &. &., 350.

Sec. 13. He shall deliver to the Supervisor of the
Town before the annual meeting of the Board of Sn-
pervisors of the County, in each year, certified copies
of all entries of votes for raising money, made since
the last meeting of the Board of Supervisors, and re-
corded in the town book.

Clerk’s Certificate.

At the annual town meeting held in the town of
Rush, on the 6th day of March, 1849, the following re-
solutions for raising money, were adopted :

Resolved, That one hundred dollars be raised for
the support of the poor for the ensuing year.

Lesolved, That the same amount of money be raised
in the town for the support of Common Schools for
the ensuing year, as is by law required to be raised by
the Board of Supervisors.

x

Town or Ross, ss:
I hereby certify, that the above are true
copies of all entries of votes for raising money in said

105
106

POWERS OF TOWN MEETINGS.

town, made since the last meeting of the Board of Su-
pervisors.
Given under my hand this 28th day of September,

A. D. 1849.
: Narsan Jerrerps, Town Clerk.

Powers of Town Meetings as to raising Money.
1 RB. S, 340.

The Statute must be strictly pursued, and all votes
or resolutions to raise money not especially authorized
by Statute, would be void, and the Board of Supervi-
sors could not legally assess the amount upon the
towns; if they did so, it would make the tax illegal.
A fine improperly imposed could not be refunded by
the town meeting ; animproper tax might be. A tax
raised to fence a burying ground, or any other lands
belonging to the town in its corporate’ capacity would
be legal. :

Town Meetings to be appointed by Board of Supervi-
sors. See Act of 1839, Section 15, p. 363.

Sec. 15. The town meetings of the several towns in
the respective counties in this State shall be held on
some day between the first day of February and the
first day of May, in each year, to be appointed from
time to time by the Board of Supervisors of the sev-
eral Counties, by resolutions, so that the town meetings
of every town in the county shall be held on the same
day ; each Board of Supervisors to fix the time for
their respective counties at their pleasure, within the

eriod aforesaid, which resolution so fixing the time
or said town meetings, when adopted, the said Boards
shall cause to be duly published, and the day so ap-
pointed shall remain the day established tor said town
meetings for at least three successive years, and until
changed by a resolution of said Boards.
POWERS, DUTIES, ETC., OF TOWNS.

Of the Powers, Duties and Privileges of Towns.
1 #.S., 387.

Sec. 1. Each town, as a body corporate, has capa-
city—

ist. To sue and be sued in the manner prescribed
in the laws of this State ;

2d. To purchase and hold lands within its limits,
‘and for the use of its inhabitants, subject to the power
of the Legislature over such limits ;

3d. To make such contracts, and to purchase and
hold such personal property, as may be necessary to
the exercise of its corporate powers ; and

4th. To make such orders for the disposition, regu-
lation, or use of its corporate property, as may be
deemed conducive to the interests of its inhabitants.

Sec. 2. No town shall possess or exercise any corpo-
rate powers except such as are enumerated in this
chapter, or shall be specially given by law, or shall be
necessary to the exercise of the powers so enumerated
or given.

Sec. 8. All acts or proceedings by or against a town
in its corporate capacity, shall be in the name of such
town ; but every conveyance of lands within the lim-
its of such town, made in any manner, for the use or
benefit of its inhabitants, shall have the same effect as
if made to the town by name.

Of the effects of the Division of a Town on tts
Corporate Rights and Liabilities. 1 Rf. S. 358.

107

Sec. 4. When a town seized of lands, shall be divid- Town Lands

ed into two or more towns, the Supervisors and Over-

how to be
disposed of

seers of the Poor of the several Towns constituted by op jiviion

such divisions, shall meet as soon as may be, after the
first town meetings subsequently held in such towns,
and when so met, shall have power to make such
agreement, concerning the disposition to be made of
such town lands and the apportionment of the pro-
ceeds, as they shall think equitable, and to take all
108 DIVISION OF TOWNS.

measures and execute all conveyances which may be
necessary to carry such agreement into effect.

Town Lands Sec. 5. When any such town shall be altered in its
disposed of limits, by the annexing of a part of its territory to an-
oF fom" other town, or towns, the Supervisors and Overseers of

of Town.

When partofthe Poor of the Town from which such territory shall

unnexed to be taken, and of the town or towns to which the same

snother~ shall be annexed, shall, as soon as may be after such
alteration, meet for the purpose, and possess the pow-

_ ers provided in the last preceding section.

ifnoagree- Sec. 6. If no agreement for the disposition of such

madelaeds lands shall be tials by the Supervisors and Overseers

‘ohesold. of the Poor, within six months after such division or
alteration, then the Supervisors and Overseers of the
Poor of each town in which any portion of such lands
shall lie, shall proceed, as soon as may be, to sell and
convey such part of said lands as shall be included
within the limits of such town, as fixed by the division
or alteration; and the proceeds arising from such sale
shall be apportioned between the several towns inter-
ested therein, by the Supervisors and Overseers of the
Poor of all the towns, according to the amount of
taxable property in the town divided or altered, as the
same existed immediately before such division or al-
teration, to be ascertained by the last assessment list of
such town.

Personal

property Sec. 7. When a town, possessed of or entitled to

pow appor- money, rights and credits, or other personal estate,
shall be so divided or altered, such personal estate, in-
cluding moneys belonging to the town, in the hands of
Town Officers, shall be apportioned between the towns
interested therein by the Supervisors and Overseers of
such towns, (who shall meet for that purpose as soon as
may be after the first town meeting subsequently held
in such towns,) according to the rule of apportionment
above prescribed.

Meetings un- Sec. 8. Whenever a meeting of the Supervisors and

er this title .

how called. Overseers of the two or more towns shall be required,
in order to carry into effect the provisions of this arti-
cle, such meeting may be called by either of said Su-

pervisors ; but the Supervisors calling the same, shall
POWERS OF TOWN MEETING. 109

** give at least three days’ notice in writing to all the
other officers, of the time and place at which such
meeting is to be held.

Sec. 9. The preceding sections shall not, however,
apply to any Cemetery or Burial-ground ; but the
same shall belong to the town in which it is situated,
after a division shall have been made.

Sec. 10. Debts owing by a town so divided or al-pebts tobe
tered, shall be apportioned in the same manner as the Pons
personal property of such town, and each town shall
thereafter be charged with its share of such debts, ac-
cording to such apportionment.

Sec. 11. Nothing contained in this title shall apply Gospel ana
to any of the lots heretofore granted by the People of °°"
this State to any town for the support of the gospel
and of schools, commonly called the Gospel and
School lots.

Further Powers of Town Meeting. 1 &.8., 340.

Sec. 5. The Electors of each town shall have power
at their annual town meeting—

To direct such sum to be raised in such town for the powers of
support of common schools for the ensuing year, as je"
they may deem necessary, but not exceeding a sum
equal to the amount required by law, to be raised
therein for that purpose ;

To direct the institution or defence of suits at law
or in equity in all controversies between such town
and corporations, individuals or other towns ;

To direct such sum to be raised in such town for
prosecuting or defending such suits, as they may deem
necessary.

Sec. 6. In addition to the powers above specified, gaaitionai;
the Electors of each town, bound to support its own Power.
poor, shall have power at their annual town meeting,
to direct such sum to be raised in such town for the
support of the poor for the ensuing year, as they may
deem necessary. And every town may raise any
money that may be necessary to defray any charges
110

Special town

meetings.

Repairs of
roads and
bridges.

Additional
pum.

ROADS AND BRIDGES.

that may exist against the Overseers of the Poor of ¢
such town.

Sec. 7. Special town meetings shall be held to sup-
ply vacancies in the several cases hereinafter provided.
They shall also be held when twelve or more persons
eligible to the office of Supervisor of the Town shall,
by application, in writing, signed by them, and ad-
dressed to the Town Clerk, require a special town meet-
ing to be called, for the purpose of raising moneys for
the support of common schools or of the poor, when a

proposition to that effect shall not have been acted up-

on at the annual town meeting ; or for the purpose of

deliberating in regard to the institution or defence of
suits or the raising of moneys therefor ; and no special
town meeting shall have power to act on any subjects,

other than such as are specified in this section.

Sec. 9. Every order or direction, and all rules and
regulations made by any town meeting shall remain
in force until the same shall be altered or repealed at
some subsequent town meeting.

“Roads and Bridges. .1 &. S., 502.

Sec. 4. The Commissioners of Highways of each
town shall deliver to the Supervisor of such town, a
statement of the improvements necessary to be made
on the roads and bridges, together with the probable
expense thereof ; which Supervisor shall lay the same
before the Board of Supervisors at their next meeting.
The Board of Supervisors shall cause the amount so
estimated to be assessed, levied and collected in such
town in the same manner as other town charges, but
the moneys to be raised in such town shall not exceed
in any one year, the sum of two hundred and fifty
dollars.

An Act for the more Effectual Improvement of Roads
and Bridges, passed April 25, 1832, p. 480.

Sec. 1. Whenever the Commissioners of Highways
of any Town in this State shall be of the opinion that
IMPROVEMENT OF ROADS AND BRIDGES. 111

the sum of two hundred and fifty dollars, as now
allowed, will be insufficient to pay the expenses actu-
ally necessary for the improvement of roads and
bridges, it shall be lawful for such Commissioners to
apply in open town meeting for a vote authorizing such.
additional sum to be raised ‘as they may deem neces-
sary for the purpose aforesaid, not exceeding two hun-
dred and fifty dollars, in addition to the sum now
allowed by law.

Sec. 2. Before making such application, it shall be Notice of ap--
the duty of the Commissioners to give notice of their Mean’
intended application, by posting the same in a conspicu-
ous manner in at least five of the most public places
in such town, at least four weeks next preceding the
annual town meeting. Such notice shall specify the
amount to'be applied for, and the purposes for which
the same is intended to be appropriated, with the prob-
able amount necessary to be expended at each place,
if there shall be more than one.

Sec. 38. Whenever any application for a grant of Commision:
money for the purposes mentioned in the first section estimate.
of this act shall be made to any town meeting, it shall
be the duty of the Commissioners making the same, to
exhibit a statement of their accounts, and an estimate
of the expenses necessary for the improvement of

roads and bridges in such town the ensuing year.
Sec. 4. If the town meeting shall, by their votes, Clerk te en-

determine that a sum over and above thé amount now ton
allowed by law, will be necessary for the improvement
of roads and bridges, or to pay any balance that may
be due, the Clerk shall enter such resolution as shall be
agreed to in the minutes of the meeting, and deliver a
copy thereof to the Supervisor of the Town, who shall
lay the same before the Board of Supervisors at their
next annual meeting ; and it shall be their duty to
cause the amount specified in such resolution to be
levied and collected, in the same manner as other town
charges of such town.

Sec. 5. If any town shall, at an annual meeting, goara to as-
have already voted to raise a sum exceeding two hun- ress and col--
dred and fifty dollars for the purposes aforesaid, it'“**°"™*

ton
112

Power to
Taise money.

For bridges,

Additional
sum not ex-
ceeding
$500.

IMPROVEMENT OF ROADS AND BRIDGES.

shall be the duty of the Board of Supervisors of the
County in which such town is situated to assess, levy
and collect the sum so voted to be raised upon said
town.

Act Passed April 18, 1888, p. 314.

Sec. 1. The Board of Supervisors of each County in
this State, shall, in addition to the powers now con-
ferred on them by law, have power at their annual
meeting, or when lawfully convened at any other
meeting—

1. To cause to be levied, collected and paid to the
Treasurer of the County, such sum of money as may
be necessary to construct and repair bridges therein ;
and to prescribe upon what plan and in what manner
the moneys so to be raised shall be expended ;

2. To apportion the tax so to be raised among the
several towns and wards of their county as shall seem
to them to be equitable and just ;

3. To cause to be levied, collected and paid all such
sums of money as they shall deem necessary for re-
building or repairing the Court-House or Jail of their
County, or for building, re-building or repairing the
Clerk’s Office of the County, and to prescribe upon
what plan and in what manner the moneys so raised
shall be expended ;

4. To appoint special Commissioners to lay out pub-
lic highways in those cases where they shall be satis-
fied that the road applied for is important, and that
the authority now conferred by law upon Commission-
ers of Highways cannot or will not be exercised to ac-
complish the laying out of such road ;

5. To cause to be levied, collected and paid in the
manner now provided by law, such sum of money in
addition to the sum now allowed by law, not exceed-
ing five hundred dollars in any one year, as a major-
ity of the qualified voters of any town may, at any
lagal town meeting, have voted to be raised upon their
town, for constructing or repairing roads and bridges
in such town.
IMPROVEMENT OF ROADS AND BRIDGES.

Sec. 2. No money shall be raised under the author-%
ity conferred by the fifth subdivision of the preceding
section, unless a written notice of the application to
such town meeting to raise such amount shall be post-
ed on the door of the house where the town meeting is
to be held, and also at three public places in such town
for two weeks before the town meeting, and be also
openly read to the Electors present, immediately after
the opening of the meeting.

118

otice to be

posted.

Sec 3. All persons intending to apply to any Board Notice to be

* . . published in
of Supervisors for the imposing any tax pursuant to newspaper. ,

the first section of this act, except in cases under the
fifth subdivision of that section, shall cause a notice of
such application to be published once in each week for
four successive weeks, immediately preceding the
meeting of the Board of Supervisors, at which such
application shall be made, in a newspaper printed in
such county ; but if no newspaper be printed in the
county, then such notice shall be published in like man-
ner, in some public newspaper printed nearest thereto.

Sec. 4. Omitted.

Sec. 5. Special meetings of the Boards of Supervi-
sors of any County may be called by the Clerk of the
Board at any time, on the written request of a
majority of the Supervisors of the County.

Sec. 6. This act shall take effect at the passage
thereof.

There seems to be now in force four different laws
for raising money for rcads and bridges, upon the
several towns.

Ist. The right to raise not exceeding $250, on the
report of the Commissioners of Highways to the Su-
pervisor.

2d. The right by the town to vote $250 if previous
notice is given by the Commissioners.

3d. $500 in addition to the above sums can be
assessed upon the towns by the Boards of Supervisors,
if previous notice thereof is given before the annual

8
114

STATEMENT OF COMMISSIONERS.

meetings, and the towns vote the.same, making in all
under above sections, $1,000.

4th. Under the 9th sub-division of the 4th section of
the Act passed April 3d, 1849, p. 293, “to vest certain
legislative powers in the Board of Supervisors,” the
Board of Supervisors have power to authorize any
town, by a vote of such town, to borrow in any one
year a sum not exceeding $4,000, to build roads and
bridges therein, &c. [This section with the act in full
will be hereafter given.] If the towns wish to raise
$250 over and above the $250 authorized to be raised
on the report of the Commissioners, then notice will be
given under section 1 of Act of 1832 ; if they wish to
raise $1,000 in the whole, then the Commissioners will
report the $250, and will give previous notice of four
weeks, and put one notice on the outer door of the house
where the last town meeting was held, and post five
other notices in the most public places in town, of their
intended application so raise $750 on said town, under
the acts of 1832 and 1838. The act of 1832 requires
four weeks’ notice, and that the notices shall be posted
in five of the most public places. The act of 1838
requires only two weeks’ notice, and that one shall be
posted on the outer door of the town house. Itseems,
therefore, that one notice would be sufficient by refer-
ring to the two acts in the same notice. It would be
no objection to the proceedings under the act of 1832,
that one of the notices should be posted on the town
house, which that act does not require, and that the
notice should be read at town meeting. In that case,
all that the act requires would be done, and something
more, and it would be no legal objection to the proceed-
ings under the act of 1838, that two more notices were
posted, and that four instead of two weeks’ notice was
FEES OF COMMISSIONER OF HIGHWAYS.

given of their intended application. If the town wish
to borrow a sum over $1,000 for the purposes afore-
said, such town will pass a resolution to that effect
under the act of 1849, and obtain the sanction of the
Board of Supervisors to the same.

Frees of Commissioner of Highways.

An Act to Allow the several Towns in this State to
raise an increased amount of Money for the Support
of Roads and Bridges, and to Provide for increased
Compensation of Commissioners of Highways and
other Town Officers, passed April 15, 1857.

The People of the State of New York represented in
Senate and Assembly, do enact as follows :

Sec. 1. Whenever the Commissioners of Highways
of any Town in this State, shall be of the opinion that
the sum now required by law, will be insufficient to
pay the expenses actually necessary for the improve-
ment of roads and bridges, and to pay any balance
that may be due for such improvement, it shall be law-
ful for such Commissioners to apply in open town
meeting for a vote authorizing such additional sum to
be raised, as they may deem necessary for the pur-
poses aforesaid, not exceeding seven hundred and fifty
dollars in addition to the sum now allowed by law.
The same notice shall be given by the Commissioners
of their intention to apply for the raising of such ad-
ditional sum as is now required by law for the raising
of money for roads and bridges above the amount of
two hundred and fifty dollars.

Sec. 2. The Commissioners of Highways in any
Town in this State, where there is but one such officer,
shall be allowed the sum of two dollars per day, for
each day actually and necessarily spent in the dis-
charge of his official duties, and in towns where there
is more than one Commissioner, they shall receive for
such official service, each the sum of one dollar and
fifty cents for each day actually and necessarily spent
therein.

115
116

REPORT TO COMMISSIONER TO SUPERVISOR.

Sec. 3. The following Town Officers shall be entitled
to compensation at the following rates for each day ac-
tually and necessarily devoted by them to the service
of the town in the duties of their respective offices :

1. The Supervsor, (except when attending the Board
of Supervisors,) Town Clerks, Assessors, Inspectors of
Elections, Clerks of the Polls, and Overseers of the
Poor, one dollar and fifty cents a day.

Sec. 4. All provisions of law inconsistent with this
act, are hereby repealed.
Sec. 5. This act shall take effect immediately.

Act of 1857, Vol. IZ, p. 338.

Statement and Estimate to be delivered Supervisor.

To the Supervisor of the Town of Pittsford :

The following improvements are necessary to be
made on the roads and bridges in said town, viz: The
State road leading from the Village to the Town Line
needs improving over and above the highway labor as-
sessed thereon ; the bridge near the big embankment
needs repairs thereon.

And the expense of making such improvements be-
yond what the labor to be assessed this year will ac-
complish, is by us estimated at two hundred and fifty
dollars, (or one hundred dollars as the case may be.)

Given under our hands this 27th day of September,
1849.
Soromon Stone, .
L. D. Mircuett, Commissioners.
W. M. Honriveron,

Notice by the Commissioners to Raise Money under
the Act of 1882.

Notice is hereby given, by the undersigned, Com-
missioners of Highways, of the Town of Pittsford, that
RESOLUTION OF TOWN MEETING.

they intend to apply at the next annual town meeting
to be held in said town, in open meeting thereof, for a
vote authorizing the sum of two hundred and fifty dol-
lars in addition to the sum now allowed by law, to be
raised for the purpose of erecting a new bridge on the
State road near George Crippen’s, which, it is estima-
ted, will cost one hundred and fifty dollars, and of
repairing the bridge near the big embankment, and
that the probable expense of such repairs will be one
hundred dollars. Dated February 1, 1849.
Sotomon Srows,

W. M. Hontiveron, } Commissioners.
L. D. Mrrcwetz, |

The above form will answer for raising a sum not
exceeding $750, by inserting after the word “dollars”
the words “under the acts of 1832 and 1838.” No
notice is necessary under the act of 1849.

Vote of the Town Meeting.

Resolved, That the sum of two hundred and fifty
dollars (or seven hundred and fifty dollars), in addition
to the sum now allowed by law, be raised and assessed
upon this town for the purpose of repairing the roads
and bridges therein, in pursuance of the notice and
application of the Commissioners of Highways of
said town.

The notice of the commissioners ought to be attached
to the above resolution, and an affidavit made on such
notice that the same was duly posted, before the papers
are delivered to the Supervisor.

Afidavit.
Monroe County, ss.
Levi D. Mitchell, of Pittsford, in said county,
being duly sworn, deposes and says, that he did, on the

117
118 TOWN HOUSES.

first day of February, 1849, post a notice, of which the
within is a copy, on the door of the house where the
town meeting for 1848, in the town of Pittsford, was
held, and also, did post a copy of such notice in a con-
= spicuous manner in five of the most public places of
such town, on the day aforesaid, and that he did at the
last town meeting held in said town, openly read such

notice to the electors present.
Levi D. Mrrcuett.

Subscribed and Sworn this 27th day |
of September, 1849, before me,).
Georcr Enpy, J. Peace.

Town Houses. Act of 1847, Vol. 1, p. 190.

Money may Sec. 1. The electors of any town of this State in

ion ec which there shall not be a town house, at any annual

ings to buy town meeting, may, by resolution, vote a sum of money
for the purchase of a site for, and the building of,a town
house, not exceeding in number of dollars twice the
number of electors in said town ; provided that a
notice of intention to propose such resolution, shall have
been posted within fifteen days of, and not less than ten
days preceding said meeting, in five of the most public
places in said towm

Amounttobe Sec. 2. Upon proper representation of the action of

raised by tax any town under the first section of this act, the Board
of Supervisors of the county in which such town is
situated, may cause the sum so voted to be collected
with the other expenses of said town, or may require
the question to be again submitted to the electors of
said town, at the next annual town meeting.

Conveyances Sec. 3. Conveyances for sites shall be made to the

made. °°" towns ; sites shall be purchased, and houses erected by
the Supervisor, Town Clerk, and the Justice of the
town, and the houses shall be controlled by the Super-
visor, Town Clerk and the Justice of the Peace residing
nearest the same ; and the electors may from time to
time vote such sum as may be necessary to keep any
town house in repair and insured.
VOTE OF TOWN MEETING.

119

Sec. 4. The Board of Supervisors of any county may, Money to be

Tals

in their discretion, cause any money or any portion
thereof voted by towns before the passage of this act
for building town houses, to be raised in said towns for
such purpose.

Town House.

Notice is hereby given that a proposition will be
submitted to the electors of the town of Pittsford at
the next annual town meeting thereof, to raise the sum
of three hundred dollars for the purpose of purchas-
ing a site for, and the building of, a town house there-
in. Dated February 20, 1849.

To be signed by Supervisor, Town Clerk and Jus-
tices.

Vote of Town Meeting.

Resolved, That the sum of three hundred dollars be
raised and assessed by the Board of Supervisors upon
the town of Pittsford for the purpose of purchasing a
site for, and the building of, a town house in said town.

Affidavit.
Mownror County, ss:

George Eddy, of Pittsford, in said coun-
ty, being duly sworn, deposes and says, that he did, on
the 20th day of February, 1849, post in a conspicuous
manner a copy of the within notice in five of the most
public places in said town of Pittsford.

Gzorce Eppy.

Sworn to this 6th day of
March, 1849, before me,

E. Goss, J. Peace.
120 BOARD OF SUPERVISORS.

Of the Board of Supervisors. 1 R. &., 365.

iostos Sec. 1. The Supervisors of the several cities and
towns in each of the counties of this State, shall meet
annually in their respective counties for the despatch
of business as a Board of Supervisors. They may
also hold special meetings at such times and places as
they may find convenient, and shall have power to
adjourn from time to time, as they may deem neces-
sary.

ree eing Sec. 2. In the counties of Albany, Allegany,
Broome, Cattaraugus, Cayuga, Chautauque, Chenango,
Cortland, Delaware, Dutchess, Essex, Genesee, Herki-
mer, Jefferson, Lewis, Madison, Onondaga, Schenec-
tady, St. Lawrence, Steuben, Tompkins, Ulster, Wayne,
and Westchester, the Boards of Supervisors shall hold
their annual meetings, at the places provided by law,
for the meeting of the Board of Canvassers of the
votes given at the annual election. In all the other
counties of the State, the Board shall meet at the
court house in each county, if there be but one 5 at
each of said court houses alternately, if there be two ;
and, if there be no court house in the county, then at
the place where the last Court of Common Pleas shall
or ought to have been held.

jualweeting 9e¢. 8. The annual meetings of the Boards of Su-
pervisors shall be held at the following times :

1. In the county of Kings, on the first Tuesday of
August, and in the county of Livingston, on the ,sec-
ond Monday in November, in each year.

2. In the counties of Oneida and Washington, on
the third Tuesday of November, in each year.

3. In the counties of Albany, Allezany, Broome,
Cattaraugus, Cayuga, Chautauque, Chenango, Cort-
land, Delaware, Dutchess, Essex, Franklin, Genesee,
Greene, Herkimer, Jefferson, Lewis, Montgomery,
Onondaga, Orange, Sullivan, Schenectady, St. Law-
rence, Steuben, Tioga, Tompkins, Ulster, Wayne, and
Westchester, on Tuesday next after the general elec-
tion, in each year.
BOARD OF SUPERVISORS. 121

4. In the counties of Madison, Orleans, Otsego and
Saratoga, on Monday next after the general election,
in each year. ee

5. And in every other in this State on the first Tues-
day of October, in each year.

Sec. 4. The Board of Supervisors of each county Powers of,
in this State shall have power at their annual meet-
ings, or at any other meeting—

1. To make such orders concerning the corporate
property of the county, as they may deem expedient ;

2. To examine, settle and allow all accounts charge-
able against such county ; and to direct the raising of
such sums as may be necessary to defray the same ;

38. To audit the accounts of Tewn Officers and other
persons against their respective towns; and to direct
the raising of such sums as may be necessary to de-
fray the same ; and

4. To perform all other duties which may be en-
joined on them by any law of this State.

Sec. 5. A majority of the Supervisors of any coun- Majority to
ty shall constitute a quorum for the transaction of °°
business ; and all questions which shall arise at their
meetings, shall be determined by the votes of the ma-
jority of the Supervisors present.

Sec. 6. The Boards of Supervisors shall sit with Meetings
open doors, and all persons may attend their meetings. Ba

Sec. 7. They shall, at each annual meeting, choose chairman.
one of their number as Chairman, who shall preside at
such meeting, and in all other meetings held during
the year. In case of his absence at any meeting, the
members present shall choose one of their number as
a temporary Chairman.

Sec. 8. Every Chairman shall have power to ad- May admin-
minister an oath to any person, concerning any matter :
submitted to the Board, or connected with their pow-
ers or duties.

Sec. 9. Each Board of Supervisors shall, as often as ot
may be necessary, appoint some proper person to be F
122

His compen-
sation,

Books, &c.

Accounts to

be filed.

Court houses
and Jails.

Solitary cells.

BOARD OF SUPERVISORS.

their Clerk, who shall hold his office during their
pleasure, and whose general duty it shall be—

1. To record in a book to be provided for the pur-
pose, all the proceedings of the Board ;

2. To make regular entries of all their resolutions,
or decisions on all questions concerning the raising or
payment of money ;

3. To record the vote of each Supervisor on any
question submitted to the Board, if required by any
member present; and

4. To preserve and file all accounts acted upon by
the Board.

Sec. 10. The Clerk shall receive a reasonable com-
pensation for his services, to be fixed by the Board of
Supervisors, and to be paid by the county.

Sec. 11. The books, records and accounts of the
Board of Supervisors shall be deposited with their
Clerk, and shall be open, without reward, to the ex-
amination of all persons.

Sec. 12. It shall be the duty of the Clerk to desig-
nate upon every account upon which any sum shall be.
audited and allowed by the Board, the amount so au-
dited and allowed, and the charges for which the same
was allowed ; and he shall also deliver to any person
who may demand it, a certified copy of any account
on file in his office, on receiving from such person six
cents for every folio of one hundred and twenty-eight
words contained in such copy.

Sec. 13. 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 expense of such counties ;
but the sums expended in such repairs shall not exceed
five hundred dollars in any one year.

Sec. 14. They shall also cause to be prepared within
the Jails of their respective Counties or elsewhere, at
the expense of such counties, so many solitary cells,
for the reception of convicts who may be sentenced to
AFFIDAVITS TO BE TAKEN BY CLERK. 1938

punishment therein, as the Court of Common Pleag of
the county may direct.

Sec. 15. Section repealed by Act of: 1849.

Sec. 16. If any Supervisor shall refuse or neglect to Fouilty iar
perform any of the duties which are or shall be requir-
ed of him by law as a member of the Board of Su-
pervisors, he shall, for every such offence, forfeit the
sum of two hundred and fifty dollars.

Sec. 17. The Mayor, Recorder and Aldermen of the New York.
city of New York, shall be the Supervisors of the city
and county of New York, and all the provisions of
this article shall be construed to extend to them res-
pectively, except where special provisions inconsistent
therewith are or shall be made by law, in relation to
the city and county of New York.

Board of Supervisors to Adopt Seal.

Sec. 1. Of an act passed April 10, 1855, provides,
that the Board of Supervisors of any County in this
State may adopt a seal, and when so adopted, the
Clerk of such Board shall cause a description thereof,
together with an impressien therefrom, to be filed in
the office of the County Clerk, and in the office of the
Secretary of State, and the same shall thereupon be
the seal of the Board of Supervisors of such County,

Sec. 2. Provides that copies of all papers duly filed
in the office of the Clerk of the Board of Supervisors
of any County, and transcripts from the books of re-
cords kept therein, certified by said Clerk, with the
seal of office affixed, shall be evidence in all Courts
_ and places in like manner as if the originals were pro-

duced. (See Act of 1855, p. 383.)

Clerks of Boards of Supervisors tu Take Affidavits.

Sec. 1. Of an act passed April 7, 1856, provides
that the Clerks of Boards of Supervisors of the seve-
ral Counties of this State, shall have the same power
as the Chairman thereof, to administer oaths to any
person concerning any matter, submitted to the Board
or connected with their powers or duties.
124

ORGANIZATION OF BOARD.

Supervisors to Correct Assessments. Act of 1858,
p: 600.

Sec. 1. Of said act, provides that the Assessor shall,
in all cases of assessments under chapter three hun-
dred and twenty-seven of the Laws of 1846, specify in
the Assessment Rolls each rent so assessed, and the
value fixed upon articles other than money in which
such rents are payable, and whenever assessments are
made against any person in any town or ward in
which he does not reside, the Board of Supervisors of
the County to which such assessments are returned,
shall have, in all respects, as full power and authority,
and it shall be their duty to correct such assessments
as to the valuation of the rents and as to the gross
amount for which such person shall be assessed as the
assessors have, as to a resident of the town; and such
Board of Supervisors may reduce the amount of such
assessments in the respective towns or wards of the
county, in proportion or otherwise, as the nature of
the corrections require to make such assessments just.

Under this act, the Board have power to correct as-
sessments only in the case of non-residents of the town
when assessed.

The form of organizing the Board is here given in
order to assist a new Clerk, or the Board, when, as

-is sometimes the case, the Board is composed of most-

ly new members. It is thought that a better idea can
be obtained by copying entire the organization of the
Board of Supervisors of Monroe County at the annu-
al meetings in 1848—

Monroe County Proceedings of the Board of Super-
visors, October Session, 1848.

At the annual meeting of the Board of Supervisors of
ORGANIZATION OF BOARD.

the county of Monroe, held at the court house in the
city of Rochester, on the third day of Cctober, 1848 :
Present from

Brighton—Lorenzo D. Ely.

Chiti—William P. Hill.

Clarkson—J. R. Thompson.

Gates—James Warner.

Greece—A. B. Carpenter.

Flenrietta—Alexander Williams.

Lrondequoit—James Swayne.

Mendon—R. M. Gates.

Ogden—J. O. Pettingal.

Parma—Joshua Tripp.

Penfield—D. E. Lewis.

Perinton—Enoch Strong.

Pittsford—Ephraim Goss.

Rtiga—A. A. Hosmer.

Fush—N. Jeffords.

Sweden—H. Palmer.

Wheatland—G. R. Hall.

Webster—A. Melvin.

Lochester—1st District—J. Haywood.
ee 2d “ J.P. Milliner.
i ad W. H. Cheney.
7 4th  « T. B. Husband.
a Sth =“ P. G. Tobey.

The towns being called, and a quorum of the Board
appearing, on motion, Mr. Milliner was appointed
Chairman pro. tem. On motion, the Board proceed-
ed to elect a Chairman, whereupon, on counting the
ballots, Ephraim Goss, Esq., was declared duly elected.

On motion of Mr. Haywood,
Lesolved, That a committee of three be appointed
to procure suitable rooms for the session of the Board.

125
126

TOWN MONEYS.

Referred to Messrs. Haywood, Strong and Swayne.

Met pursuant to adjournment.

Adjourned until 2 o’clock, P. M.

Mr. Haywood, from the committee to procure rooms
for the sitting of the Board, reported in favor of hold-
ing the session at the Court House. Report adopted.

The Chair announced the following Standing Com-
mittee, viz ;

On Equalization—Messrs. Pettingal, Ely, Tripp,
Hill, Haywood, Cheney, Strong and Goss.

On Constable's Claims—Messrs. Lewis, Thompson,
and Husband.

On County Claims No. 1—Messrs. Strong, Carpen-
ter and Williams.

On Claims No. 2—Messrs. Ely, Melvin, and Hall.

Poor House and Superintendent's Report—Messrs.
Tripp, Ely, Warner, Gates and Cheney.

Treasurer's Accounts—Messrs. Gates, Palmer, and
Tobey.

Sheriff and Clerk’s Accounts—Messsrs. Thompson,
Milliner and Swayne.

U. &. Deputy’s Fund—Messrs. Husband, Hosmer,
and Jeffords.

Salaries—Messrs. Haywood, Strong and Carpenter.

Town Accounts—Messrs. Hill, Cheney and Car-
penter.

Town Moneys.

The next business in order is raising the Town
moneys, &c. Each Supervisor offers the resolutions of
his Town as follows :

On motion of Mr. Gates,

Resolved, That there be assessed upon the Town of
ACCOUNTS.
Mendon, for contingencies, $145,60 ; for roads and
bridges, $250 ; for the poor, $150.
Adjourned until to-morrow morning at 9 o’clock.
October 4th, 1848.—Met pursuant to adjournment.

Minutes read and approved.

The Clerk should record every proceeding of the
Board in the order in which it occurred, in his Min
utes.

Accounts.

Every person having an account against a town or .

county, ought to be particular to make it out correctly.
Frequently accounts are presented charged to the
-county which ought to be charged to some town in
the county; and accounts both against town and
county are charged in one account ; this makes great
difficulty in the Committees, and strictly ought not to
be audited when thus presented. The accounts can
be made out, and the affidavits made before any Jus-
tice of the Peace of the county, and then handed to
the Supervisor to be presented to the Board. The
Chairman or any Justice of the Peace on the Board
can take the affidavits. After an account is verified
by affidavit, it ought (strictly) to be presented to the
Board by a member thereof, and numbered, and the
number entered in the Minutes, and then referred to
the committee. But to save time, after the first day
of the session, the Board is considered open for busi-
ness ; the Chairman and Clerk remain while the mem-
bers are in the Committee-rooms. The claimant pre-
sents the account to the Chairman whé takes his afti-
davit, and the Clerk then numbers the account and
sends it to the proper Committee.

127
128

AFFIDAVIT OF CLAIMANT.
Affidavit of Claimant.

Mowyror County, ss.

John Smith, of Mendoa, in said County,
being duly sworn, deposes and says, that the items of
the above account are correct, and that the disburse-
ments and services charged therein have been in fact
made or rendered, and that no part thereof has been

paid or satisfied.
Joun Smira.

Subscribed and sworn this 3d day |
of October, 1848, before me, }

Perer Stites, Chairman.

If there are prospective fees charged in the account,
as may be in the case of Supervisors, then the follow-
ing form should be used :

Monror County, ss.

Robert Staples, of Sweden, in said
county, being duly sworn, deposes and says, that the
items of the above 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 this session of the Board, and that no part

thereof has been paid or satisfied.
Rosert Srarres.

Subscribed and sworn this 3d day
of October, 1848, before me,
Peter Srines, Chairman.

There would be no particular objection to the latter
form in any case, although the former is better adapted
to persons, not members of the Board ; still, if the .
Boards of Supervisors get the affidavits printed, which
is usually done, the latter form had better be adopted.
(See Act of 1847, 2d Volume, p. 780.)
ar

COMMON SCHOOES.
Common Schools. Act of 1856, p. 296.

An Act to Amend the Law of Taxation for the Sup-
port of Schools, and to Change the Mode of Dis-
tribution of School Moneys, passed April 12, 1856.

Sec. 1. There shall hereafter be raised by tax in the
resent and each succeeding year, upon the real and
personal estate of each County within the State, three-
fourths of a mill upon each and every dollar of the
valuation of such estate, for the support of Common
Schools in this State, to be apportioned and distrib-
uted by the Superintendent of Public Instruction, in
the same manner as the proceeds of the State tax of
eight hundred thousand dollars, in lieu of which this tax
is substituted, and now required to be apportioned and
distributed, except as hereinafter provided. The
Board of Supervisors of each County, shall assess
such amount upon the real and personal estate of such
county, in the manner provided by law for the assess-
ment and collection of taxes, and shall annually, as
soon as the aggregate valuation of the real and per-
sonal estate of their county shall be ascertained, give
immediate notice thereof to the Superintendent of
Public Instruction. No Clerk of any Board of Super-
visors or other person who may make out the Tax List
or Assessment Rolls 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.

Sec. 2. Every District in this State, in. which a
School shall have been taught by a qualified Teacher
for the time of six months, or by successive Teachers,
whose periods of actual instruction amount in the
aggregate to six months, and no other shall be enu-
merated, for the purpose of the distribution of so much
of the school money as shall be divided equally among
the districts.

Sec. 3. Every District School in which two or more
qualified teachers are actually employed at the same

9

129
130 COMMON SCHOOLS.

time for the. period of six months or over, shall be
enumerated as so many districts as there have been
teachers thus employed during the year, whether any
one or more of them had been continuously employed
for the whole period of six months or not, providing
the number of teachers actually employed, shall have
been at no time less than the number at which the
district is enumerated, pupils employed as monitors or
otherwise, shall not be deemed teachers for the purpose
of such enumeration.

School Commissioners, de. Act of 1856, p. 285.

An Act to provide for a more thorough Supervision
and Inspection of Common Schools, and further to
amend the Statutes relating to Public Instruction
in this State, passed April 12, 1856.

County Sec. 1. The Boards of Supervisors of the several .

sone counties of this State composing each one Assembly
District, and also the Boards of Supervisors of each
of the counties of Fulton and Hamilton, shall assem-
ble at their usual place of meeting, on the third day
of June next, at noon, and elect for their county an
officer, to be called School commissioner. Such officer
shall be elected by ballot, and shall hold his office
from the day of his election, until the first day of Jan-
uary, 1858.

Assembly = Sec. 2. The Boards of Supervisors of the several

School Com- counties in this State, having more than one Assem-

meaner bly District, except the counties of New York and
Kings, shall meet on the third day of June next, at
noon, and elect by ballot an officer to be called School
Commissioner, for each Assembly District in their
respective counties, who shall hold his office until the
first day of January, 1858.

Commission Sec, 3. The Supervisors of the Towns of Flat Bush,

Townsin Flat Land, Gravesend, Newton and New Utrecht, in

8 Com the county of Kings, shall meet on the third day of
June next, at the usual place of meeting of the Board
of Supervisors of said county, and elect by ballot a
School Commissioner for that portion of said county
COMMON SCHOOLS. 131

not included within the city of Brooklyn, who shall
hold his office from the day of his election until the
first day of January, 1858, and until a successor shall
have been elected by the inhabitants of said towns in
the manner hereinaiter provided.

Sec. 4. In the several Counties composing each but when two
one assembly district, the respective Boards of eazy bo”
Supervisors, shall have power, and are hereby au-°2*
thorized in their discretion to choose two School Com-
missioners, whenever the number of School Districts
in the county shall exceed one hundred and forty,
counting two parts of districts joint with other coun-
ties, as one District. In case two Commission-
ers shall be chosen as aforesaid, then the Board
of Supervisors shall immediately proceed to divide, 44,
the county into two Districts or Sections, having ref- atviged.
erence in such division as nearly as may be to equal-
ize the territory and number of Schools and pupils
under the supervision of each Commissioner ; and
also, having reference to the density of the popula-
tion, and the facilities for traveling. They shall
make a description of the divisions established by.
them and assign the charge of one of them to each signa”
of the Commissioners then chosen. But no town
shall be divided in the formation of any such Dis-
trict, such description shall be filed in the office of
the County Clerk, and a copy thereof sent by him
to the Superintendent of Public Instruction.

Sec. 5. In case any two persons shall have an Clerk togive
equal number of votes for the office of Commissioner” "”
at the election hereinbefore provided for, the Clerk of
the Board may give a casting vote, but except for
that purpose shall have no vote in the proceedings.

Sec. 6. A certificate of the election of every Com- Certificate of
election to be

missioner shall forthwith be made, by the Clerk ofsiea with
the Board of Supervisors, and filed in the County foray cle
Clerk’s office, and a duplicate thereof be sent by perintendent
mail to the Superintendent of Public Instruction ;

and the County Clerk upon the filing of such certifi-

cate, shall forthwith give notice in writing, to the

School Commissioners of their election, who shall
132

To be elected
at general
election af-
terwards.

Commission-
er to exam-
ine teachers,

COMMON SO0HOOLS.

within ten days after such notice, take and subscribe
the constitutional oath of oftice, and shall give notice
of their acceptance to the Superintendent of Public
Instruction, and enter upon their duties immediately.
They shall hold their office until the first day of Jan-
uary, 1858, and until their successors shall have taken
and filed with the County Clerk, the like oath of
office.

Sec. 7. At the annual general election, held in the
year 1857, and every three years thereafter, there
shall be elected on a separate ballot, to be endorsed
“ School Commissioner,” in the several assembly
districts, and in the sections of single assembly dis-
tricts, formed and designated as herein provided, and
in the towns of Kings county, not included in the
city of Brooklyn, a School Commissioner for each
district or section. All the provisions of law relating
to the mode of voting and canvassing the votes for the
county officers, shall apply to and govern the election
of such commissioners. The person so elected, shall
enter into office on the first day of January, eighteen
hundred and fifty-eight, and shall hold office for three
years, and until their successors shall have qual-
ified according to law. Each of such Commissioners
in counties where more than one is elected, shall
take charge of that one of the assembly districts, or
that one of the sections into which any county,
having but one assembly district may be divided, for
which he shall have been elected ; but may upon the
written request of the Commissioner in charge of any
other section of the same county, perform any duties
therein, which he might discharge in the section of
his own residence.

Sec. 8. Provides that such Commissioner shall
have power to visit and examine all the schools and
school districts committed to his charge, to inquire
into all matters relating to the management, course of
instruction and discipline of such schools, and gener-
ally to advise and counsel with the Trustees, as to all
matters relating to their duties, and as to the proper
studies to be pursued and the books to be used. But
COMMON SCHOOLS. 133

no Commissioner is to act as agent for any author ;
such Commissioner is to examine persons who offer
themselves for teachers, and grant and annul certifi-
cates, to examine into all charges affecting the moral
character of teachers.

To organize a Teachers’ Institute once in each year poachers’
in his district, and to perform the duties conferred Institute.
upon Town Superintendents, by the law of 1847, chap.

361.

Sec. 9. Provides, that in case of any vacancy by vacancy.
resignation, death or removal, or refusal to accept, the
County Judge shall fill such vacancy until the next
following election.

Sec. 10. Provides, that the Commissioners shall be annual Re-
subject to the rules and regulations prescribed by the?"
Superintendent of Public Instruction, they, instead
of the County Clerk, are to make reports annually to
the Superintendent, and for that purpose, the annual
reports of the Trustees are to be made to such Com-
missioners ; such reports are to be deposited with the
Town Clerk, from which the said Commissioners shall
obtain them, which reports of the Trustees, after the
Commissioners shall have made their annual report,
shall be filed with the County Clerk.

Sec. 11. Gives to the Commissioners the power to commission-
take affidavits, and administer oaths in all matters per- ersuthorized
taining to Common Schools, and they are further davits.
authorized under the direction of the Superintendent,
to hear and report to him the testimony in all cases

of appeals.

Sec. 12. Fixes the salary of said Commissioners at
$500 per annum, to be paid out of the income of the
United States deposit fund.

Sec. 18. The several Boards of Supervisors, when- gatary of
ever in their opinion, the interests of education in Commission
their respective counties will’be promoted thereby, ~
may increase the salary of any Commissioner to such
sum as they may deem reasonable and just, but the
Supervisors of any wards in any city not included in
a School Commissioner’s district, shall not vote upon
such questions; the increase over and above the five
134 COMMON SCHOOLS.

hundred dollars payable to him from the United
States deposit fund, to be a charge upon the county
or district over which such Commissioner may have
jurisdiction ; and thesame shall be assessed annually
upon the towns composing such county or district,
rateably according to the connected valuation of the
real and personal estate of such towns.

Expenses of Sec, 14. The Boards of Supervisors are hereby

eto be pea, Uthorized and required to audit and allow to such
Commissioners, such sums as they may have incurred
for necessary expenses by them in the performance of
their official duties, to an amount not exceeding one
hundred dollars.

sper ton sy, Sec. 15. Provides that the Superintendent of Pub-
salary. lic Instruction shall apportion to each of the cities
of this State, having a Superintendent of Common
Schools, out of the said deposit fund, five hundred
dollars for each member of assembly, to which such
city shall be entitled, and expended as required by

law for the support of Common Schools.

Sec. 16. The several cities in this State which under
special acts, already elect Superintendent of Common
Schools, or whose Boards of Education choose clerks
doing the duty of supervision, under the direction of
the Board of Education, shall not be included in any
Commissioner’s district created by this act or au-
thorized to be formed by the Board of Supervisors;
and the several Boards of Supervisors in counties in
which such cities are joined to towns in the forma-
tion of an assembly district, may divide the county
exclusive of such cities, into School Commissioners’
districts-as they may deem advisable, but no town
shall be divided forming such districts.

Office of Sec. 17. Whenever the Board of Supervisors of any
ae County in this State shall have appointed a Commis-
abolished. sioner or Commissioners in pursuance of this act, and
such officers shall have taken the constitutional oath
of office, henceforth and after that time the office of
Town Superintendent of Common Schools for the sev-
eral towns in such county shall be abolished, and
each Town Superintendent shall forthwith pay over
COMMON SCHOOLS.

to the Supervisor of his town all School moneys, un-
expended with a full statement of all moneys received
and paid out by him since the last annual report was
made by him or his predecessor, and of the moneys
remaining in his or his predecessor’s hands at the
time of making such request. He shall also specify
in such statement the last apportionment made to the
School Districts, separate neighborhood and parts of
joint Districts in his town, and shall also state specifi-
cally the part of such apportionment, paid to each
and the balance due to each. If it shall appear that
any former Town Superintendent has neglected or re-
fused to render to his successor in office such full state-
ment of all moneys received and paid out by him
during his official term or terms, it shall be the duty
of the Commissioners, created under this act, or any
one of them, to require such delinquent Town Super-
intendent by notice in writing to make such return to
the Supervisor of his town within twenty days from
the date of such service ; and if, atter having been
duly served with such notice, he still neglects or re-
fuses to make such return, as aforesaid, or show good
cause why he has not done so, he shall be guilty of a
misdemeanor, and it shall be the duty of the Super-
visor of the town, or of any Commissioner, created
by this act, to sue for and recover all moneys in the
hands of any defaulting Town Superintendent.

1385

Sec. 18. Any Supervisor who shall embezzle any misdemeanor

such moneys, or any moneys that shall come into his
hands by virtue of this act, shall be deemed guilty of
a misdemeanor.

Sec. 19. The public school moneys heretofore paid
to Town Superintendents, or on their orders, shall be
paid only to the Supervisors of the towns.

Sec. 20. Before the County Treasurer of any coun-
ty shall pay over to the Supervisor of any town in
said county, the public school moneys apportioned
for the support of Common Schools therein, he shall
require the said Supervisor to deposit with him a bond
to the Treasurer in behalf of the town, executed by
said Supervisor, with two or more suflicient sureties,

to embezzle
money.

Moneys to be
paid Super-
visor.
136 COMMON SCHOOLS.

to be approved by said Treasurer, in the penalty of
double the amount of said school moneys, conditioned
for the faithful disbursement, safe-keeping and ac-
counting for such moneys, and of all other school
moneys that may come into his hands from any other
source; and whenever the said bond shall be forfeit-
ed, it shall be the duty of the County Treasurer to
prosecute for the penalty of the same, in his own
name, in behalf of the town, and the money recover-
ed, shall be paid over to the Supervisor of the town,
succeeding the Supervisor in default.

Fool ow bec. 21. The said Supervisors, in the disbursement

accounted Of and accounting for school moneys which shall

me come into their hands, shall be governed by the same
laws and rules as are now applicable to Town Super-
intendents ; each of the said Supervisors shall keep a
just and true account of all the school moneys receiv-
ed and disbursed by him during such year, and shall
lay the same with proper vouchers before the Board
of Town Auditors at each annual meeting of such
Board.

Accountto Sec. 22. The said Supervisor shall, within fifteen

successor. Gays after the termination of his office, render to his
successor in office a just and true account in writing
of all school moneys by him received before the time
of rendering such account, and of the manner in which
the same, or any part thereof, shall have been ex-
pended by him; and the account, so rendered, shall
be delivered by such successor in office to the Town
Clerk, to be filed and recorded in his office ; and the
Town Clerk shall forthwith send a copy of such ac-
count to the School Commissioner. Each Supervisor
shall keep a bound blank book in which all his re-
ceipts and disbursements of school moneys shall be
entered by him, specifying from whom and the pur-
pose for which they were received ; and to whom, and
the purpose for which they were paid out. The cost
of such book shall be a charge upon his town, and
said book shall be delivered to his successor in office.

Balance in Sec, 23. On rendering such account, if any balance
hand to be . Be sae
paid succes- Shall be found remaining in the hands of such Super-

sor.
COMMON SCHOOLS.

visor, the same shall be immediately paid by him to
his successor in office, who shall hold it subject to the
order of the trustees of any school district, parts of
district, or to the trustees of any separate neighbor-
hood to which the same may have been apportioned,
and which shall be entitled to receive it.

137

Sec. 24. It shall be the duty of the Supervisors, by supervisor to

his name of office, to sue for and recover all penalties
and forfeitures imposed by any act relating to schools,
in respect to which no provision is made, or for any
default or omission by any Town Superintendent, or
any other Town Officer or School District Officer or
Officers, now required to be sued for by the Town
Superintendent ; and after deducting his costs and
expenses, shall report the balance in his hands to the
Commissioner, who shall apportion the same to the
district or districts to which the same may belong.

sue for pen-
alties.

Sec. 25. All the duties and requirements of law puties of

now imposed upon Town Superintendents in refer-
ence to the formation, alteration, dissolution, consoli-
dation and annulling of school districts, the building
of school houses, the selection and change of sites, and
in relation to the sale of school district property, and
the disposal and apportionment of the money arising
therefrom, are hereby imposed upon the School Com-
missioner in respect to the several towns within his
jurisdiction ; and he shall pay over the said moneys
to the Supervisors, to be by them paid to the districts
and parts of districts which may be entitled to receive
the same.

School Com-
missioner. ,

Sec, 26. All the powers and duties imposed upon puties ofsu-
Town Superintendents, by section seventy-two, seven-?°™"™

ty-three, seventy-seven, eighty, and one hundred and
thirteen of chapter 480, Laws of 1847, are hereby
imposed upon the Supervisors of the towns.

Sec. 27. All the powers and duties formerly possess-
ed and exercised by the Trustees of the Gospel and
School lots, and subsequently by section one of chap-
ter one hundred and eighty-six, Laws of one thousand
eight hundred and forty-six, conferred upon Town
Superintendents of Common Schools, are hereby con-
138 COMMON SCHOOLS.

ferred and imposed upon the Supervisors of towns,
and shall hereafter be exercised and performed by
them.
Dutyoftown Sec. 28. It shall be the duty of the Town Clerk of
Clerk. ~~ each town—

1. To receive from the present Town Superinten-
dents all books, maps and papers appertaining to
his’ office, and to file and keep them in the Town
Clerk’s office ; .

2. To receive from the Supervisor the certificates of
apportionments of school moneys for the town, and
record them in a book to be kept for that. purpose ;

3. To notify the Trustees of the school districts,
when such estimates and appropriations are filed in
his office 5

4. To see that the Trustees of Common Schools
make and file with him their annual reports within
the time prescribed by law ;

5. To distribute to the Trustees of school districts
all blanks and circulars which shall be delivered or
forwarded to him by the Commissioner for that pur-
pose ;

6. To receive from the Supervisor and record in a
book kept for that purpose, the annual account of the
receipts and disbursements of school moneys required
to be submitted to the Town Auditors, and filed with
the said Clerk, and to send a copy thereof by mail to
the Commissioner.

Sec. 29. All the powers and duties’ imposed upon
the Commissioners of Common Schools by the act,
passed April 27, 1829, entitled “An Act relative to
Moneys in the hands of Overseers of the Poor, passed
April 27, 1829,” are hereby imposed upon the Super-
visors of the towns.

guy ofsiate Sec. 30. It shall be the duty of the State Superin-
dent. tendent of Public Instruction on or before the first
day of January of each and every year, after deduct-
ing any portion hereinbefore required to be appor-

tioned for and on account of supervision, to apportion
COMMON SCHOOLS.

and divide one-third of the remainder of the income
of the United States deposit fund appropriated by
law for the support of schools, and one-third of all
other moneys thus appropriated among the several
school districts and separate neighborhoods in this
State, from which reports shall have been received in
accordance with law in the following manner, viz: to
each separate neighborhood belonging to a school dis-
trict in some adjoining State, there shall be appor-
tioned and paid a sum of money equal to thirty-three
cents for each child in such neighborhood, (between
the ages of four and twenty-one,) but the sum so to be
apportioned and paid to any such neighborhood, shall
in no case exceed the sum of twenty-four dollars; and
the residue of such one-third shall be apportioned
and divided equally among the school districts, and
the State Superintendent of Public Instruction shall,
by proper regulations and instructions to be prescrib-
ed by him, provide for the payment of such moneys
to the Trustees of each separate neighborhood and
school district.

139

Sec. 31. It shall be the duty of the State Superin- appostion-

tendent of Public Instruction on or before the first

ment of

day of January of each and every year, to apportion Moneys.

and divide the remaining two-thirds of the remainder
specified in the preceding section among the several
counties, according to population as the same shall
appear from the last preceding State or United States
Census ; but in counties in which are situated cities
having a special school act, he shall apportion to each
city the part to which it shall be entitled, and he shall
certify such apportionments and every other appor-
tionment to the County Clerk of the county to which
they shall be made, and to the School Commissioner
or School Commissioners of such county, and the
School Commissioner or Schoo] Commissioners jointly
in counties having more than one Commissioner, shall
forthwith proceed to set apart to each separate neigh-
borhood, and school district within his or their juris-
diction the amount apportioned to each by the State
Superinteffdent ‘of Public Instruction; the Commis-
sioner or Commissioners shall then proceed to divide
140

COMMON SsOHOOLS.

and apportion the balance of the public school moneys
apportioned according to population for the support
of schools within his or their jurisdiction to the sepa-
rate neighborhoods, school districts and parts of
school districts jomed with parts in any city, orin a
town in an adjoining county in proportion to the num-
ber of children in each, (between the ages of four and
twenty-one,) as the same shall appear from the report
of the Trustees of the last preceding school year ;
and he or they shall specify, in such apportionment,
the amount apportioned to each for library purposes,
and the amount for teacher’s wages, but no money
shall be apportioned or set apart by him or them to
any separate neighborhood, or school district, or part
of a district, (joint with a part in any city, or with a
part in a town in an adjoining county,) unless it shall
appear from a report of the Trustees thereof for the
last preceding school year, that a public school was
supported by the inhabitants thereof for at least six
months during the year ending with the date of such
report by a duly qualified teacher, except by special
permission of the State Superintendent of Public In-
struction. The Commissioner or Commissioners afore-
said shall then set apart to each town within his or
their jurisdiction, the money so set apart and appor-
tioned by them to each separate neighborhood therein
to each school district; the school house of which is
therein and to each part of a joint district therein;
the school house of which is located in a city or in a
town in an adjoining county. A certificate shall then
be made by the Commissioner or Commissioners,
showing the amouut apportioned to each separate
neighborhood, school district and part of a district
joint, as hereinbefore specified, within his or their
jurisdiction, and it shall also show the towns in which
they are respectively situated. One copy of said
certificate signed by the Commissioner or Commis-
sioners, shall be sent to the County Treasurer, and
one copy to the State Superintendent of Public In-
struction, and to the Supervisor of each town. The
Commissioner or Commissioners shall qprtify the
amount of school moneys so apportioned, which he

-
COMMOM SCHOOLS.

shall be entitled to receive from the County Treasur-
er, and the portions thereof to be paid by him for li-
brary purposes and for teacher’s wages to each district,
separate neighborhood and part of a district joint
with a part in a city, or with any town in an adjoin-
ing county. The Supervisor shall forthwith make a

copy of such certificate for his own use, and deposit:

the original in the office of the Town Clerk of his
town, and the share of the several towns so appor-
tioned shall be paid over to the Supervisors on and
after the first Tuesday of February of each year.
Sections four and five of the act, entitled “An Act
to Establish Free Schools throughout the State, passed
April 12, 1851, are hereby repealed.

Sec. 82. The amount of money necessary to pay
the salaries of the School Commissioners and which
shall be annually apportioned by the State Superin-
tendent of Public Instruction from the United States
deposit fund for that purpose, as hereinbefore provid-
ed, shall be drawn from the income of that fund
upon the warrant of the Comptroller, and retained in
the treasury to be paid out by the Treasurer to the
several School Commissioners upon the order of the
State Superintendent.

State Tau for School Purposes. Act of 1857,
Vol. 1, p. 77.

Sec. 1. The sum of one million and seventy-two
thousand three hundred and sixty-two dollars and
eighty-three cents, being the amount of the tax of
three-fourths of a mill on each dollar of the aggre-
gate assessed valuation of the real and personal prop-
erty of this State, for the support of Common Schools,
and the further sum of one thousand three hundred
and fourteen dollars and forty-six cents, being a bal-
ance now in the treasury of school moneys refunded
in consequence of having been apportioned upon
erroneous reports, are hereby appropriated for the
support of ommon Schools during the current civil
year, to b¥appropriated and distributed according
to law.

141
142

Supervisor
to execute
Bond.

Tax to be
levied.

COMMON SCHOOLS.

Sec. 2. Provides for the re-payment of $1275 61,
borrowed for the county of Richmond.

Sec. 3. Every Supervisor before he shall be enti-
tled to demand or receive from his predecessor in
office any school moneys remaining in the hands of
such predecessor, shall execute and deliver to the
County Treasurer, a bond with two or more sufficient
sureties, to be approved by said ‘Treasurer in the
penalty of double the amount of such school moneys
conditioned for the faithful disbursement, safe keep-
ing and accounting of said moneys, and no Supervi-
visor shall be credited or allowed any payment of
school moneys made to his successor in office, before
such successor shall have delivered to him to be filed
in the Town Clerk’s office a certificate of the County
Treastrer, that the bond herein required has been
duly executed, approved by said Treasurer, and filed
in his office.

Sec. 4. Itshall be lawful for the Board of Supervis-
ors at their annual meeting, to levy a tax upon any
town in their county to supply any deficiency in the
moneys apportioned, belonging to districts having
school houses or school house sites in such town,
caused by the defalcation or embezzlement of school
moneys by the Supervisor thereof.

State Tax.

This tax by the Act passed April 15, 1852, was
reduced to one quarter of a mill on each dollar. See
Act of 1852, p. 460. ,

By the Act of 1855, p. 611, the State tax was raised
to one mill and a quarter on each dollar.

Resolution to Raise Taw.

On motion of Mr.

Resolved, that the Clerk of this Board, in estima-
ting the taxes of the several towns and wags of this
county as provided by law, add to the amount of
MILL TAX.

county and town charges one mill, (or one mill anda
quarter as the case may be) on the dollar, of the val-
uation of real and personal estate, together with
Treasurer’s fees, which amount is to be paid by the
County Treasurer into the State Treasury.

Mill Taw.

This tax is to be levied upon the valuation of all the
real and personal estate of the towns.and wards in the.
several counties of this State ; but this is to be done
after the real estate shall have been equalized by the
Board of Supervisors ; and in making such equali-
zation, Boards of Supervisors should, in order that
this tax may be levied equally upon all the counties,
s0 equalize the real estate, as that the aggregate
amount of the equalized value thereof be the same as.
the assessed value thereof, the board cannot reduce
the aggregate valuations of such real estate below
the aggregate valuation thereof, as made by the
Assessors. [See 1R.S., p. 395.] They may, and
frequently do, raise it from such assessed value ; but
it is clear that the county that thus raises it will have:
more of this tax to pay upon the same amount as.
assessed, than the county that reduces it to the assessed
value. More of this hereafter, under the head of
equalization.

Where the committee on equalization in its report:
does not reduce the amount to the assessed value, the
following resolution might be adopted.

On motion of Mr. Haywood,

Resolved, That the Clerk of this Board reduce the
equalization, so that the aggregate amount of the
equalized value of the real estate of the several towns

shall be the same as the aggregate assessed value:
thereof.

143.
144

BOARD OF HEALTH.

In counties in which there are cities there is gener-
ally a difference in the ratio of equalization made by
the committee. To illustrate, take the county of
Monroe, for 1848. The committee on equalization
increased some towns and reduced others, and added
a certain per centage to the several wards of the city
of Rochester, the equalization in both towns and
wards being more than the assessed value, as reported
by the committee. If the object be now to reduce
the equalization to the assessment, without altering
the proportion as made by the committee, it may be
done by the following resolution :

On motion of Mr. Haywood,

Resolved, That the Clerk of this Board reduce'the
equalization in the ratio between the towns and wards
adopted by the committee on equalization, so that the
ageregate amount of the equalized value of the real

estate of the several towns and wards of this county,

shall be the same as the aggregate assessed value
thereof.

Board of Health. Act of 1850, p. 90.

Sec. 1. Of the act, entitled “An Act for the Pre-
servation of the Public Health,” passed April 10,
1850, provides that it shall be the duty of the Com-
mon Council of every city, and the Trustees of every
incorporated village in this State in which there is
not now a Board of Health duly organized, to appoint
once in each year a Board of Health for such city or
village to consist of not less than three, nor more than
seven persons, and a competent physician to be Health
Officer thereof. :

Sec. 2. The Supervisor and Justices of the Peace,
or the major part of them, of each town in this State
shall be a Board of Health for such town for each
year, whenever in the opinion of the majority of such
INSANE ASYLUM. 145

Board, the public good require it ; and they shall ap-
point some competent physician to be the Health Of
ficer for such town.

Sec. 5. All expenses incurred by the several Boards
of Health in the execution of this act, shall be a charge
on their respective counties, (except the compensation
of the members of the Board of Health, which shall
be a city or town charge,) and shall be levied, col-
lected and paid under the direction of said Board of
Supervisors of the respective counties, in the same
manner as other county charges are levied, collected
and paid.

Insane Asylum.

The 26th section of an act entitled “An Act to Or-certain Indi-
ganize the State Lunatic Asylum, and more effectual-£ot" Petters
ly to Provide for the care, Maintenance and Recov-te,be sdmit-
ery of the Insane, passed April 7, 1842,” p, 141, pro-
vides that when a person in indigent circumstances,
not a pauper, becomes insane, application may be
made in his behalf to the first judge of the county
where he resides ; and said judge shall call two res-
pectable physicians and other creditable witnesses,
and fully investigate the facts of the case and either
with or without the verdict of ajury, at his discretion
as to the question of insanity, shall decide the case as
to his indigence, And if the judge certifies, that sat-
isfactory proof has been adduced, showing him
insane, and his estate is insuflicient to support him and
his family, (or if he has no family, himselt,) under the
visitation of insanity, on his certificate, authenticated
by the County Ulerk and seal of the County Courts,
he shall be admitted into the Asylum and supported
there at the expense of said county, until he shall be
restored to soundness of mind, if effected in two years.

The judge, in such case, shall have requisite power to
compel the attendance of witnesses and jurors, and
shall file the certificate of the physicians, taken un-
der oath, and other papers, with a report of his pro-
ceedings and decision, with the Clerk of the county,
and report the facts to the Supervisors, whose duty it '

10
146 INSANE ASYLUM.

shall be, at their next annual meeting, to raise the
money requisite to meet the expenses of support ac-
cordingly.

Counties t, Sec. 27. When an insane person in indigent cir-

persons after cumstances shall have been sent to the Asylum by his

six monits fiends, who have paid his bills therein for'six months,
if the Superintendent shall certify that he is a fit pa-
tient, and likely to be benefited by remaining in the
Institution, the Supervisors of the county of' his resi-
dence are authorized and required, upon an applica-
tion under oath in his behalf, to raise asum of money
sufficient to defray the expenses of his remaining
there another year, and pay the same to the Treasu-
rer of the Asylum. And they shall repeat the same
for two succeeding years, upon the like application
and the production of a new certificate each year, of
like import from the Superintendent.

Term of ad Sec. 28. No patient shall be admitted into the
Asylum for a shorter period than six months, except
in special cases, as specified in the By-Laws.

Vacancies. Sec. 29. Whenever there are vacancies in the Asy-
lum, the managers may authorize the Superintendent
to admit, under special agreements, such recent cases,
as may seek admission under peculiarly atfilictive cir-
cumstances, or which, in his opinion, promise speedy
recovery.

Clothing, &e. Sec. 30. All town and county officers sending a
patient to the Asylum, shall, before sending him, see
that he is in a state of perfect bodily cleanliness, and
is comfortably clothed, and provided with suitable
changes of raiment, as prescribed in the By-Laws.

Criminalper- Sec. 31. When a person shall have escaped indict-
a ments, or shall have been acquitted of a criminal
charge upon trial, on the ground of insanity, the
Court being certified by the jury, or otherwise, of the
fact, shall carefully inquire and ascertain whether his
insanity in any degree continues, and if it does, shall
order him in safe custody, and to be sent to the Asy-
lum. If such person be sent to the Asylum, the coun-
ty from which heis sent shall defray all his expenses
while there, and of sending him back if returned ;
INSANE ASYLUM.

but the county may recover the amount so paid, from
his own estate, if he have any, or from any relative,
town, city, or county, that would have been bound to
provide tor and maintain him elsewhere.

Sec. 32. If any person in confinement under indict-
ment, or under sentence of imprisonment, or under a
criminal charge, or for want of bail for good behavior,
or for keeping the peace, or for appearing as a wit-
ness, or in consequence of any summary conviction,
or by order of any justice, or under any other civil
process, shall appear to be insane, the first judge of
the county where he is confined, or if the first judge
be absent from the county, any judge of the degree
of counsellor of the Supreme Court, shall institute a
careful investigation, call two respectable physicians
and other credible witnesses, invite the District At-
torney to aid in the examination, and if he deem it ne-
cessary, call a jury, and for that purpose is fully em-
powered to compel the attendance of witnesses and
jurors ; and if it be satisfactorily proved that he is
insane, said judge may discharge him from imprison-
ment and order his safe custody and removal to the
Asylum, where he shall remain until restored to his
right mind; and then, if the said judge shall have so
directed, the Superintendent shall inform the said
Judge and the County Clerk and District Attorney
thereof, so that the person so confined may, within
sixty days thereafter, be remanded to prison, and
criminal proceedings be resumed, or otherwise dis-
charged; or, if the period of his imprisonment shall
have expired, he shall be discharged. The provisions
of the last preceding section, requiring the county to
detray the expenses of a patient sent to the Asylum,
shall be equally applicable to similar expenses arising
under this section and the one next following.

Sec. 33. If a person imprisoned on attachment or
any civil process, or for non-payment of a militia fine,
becomes insane, one of the Judges mentioned in the
last preceding section of this act, shal] institute like
proceedings in his case as are required in the case
provided for.in said section; but notice shall, in such
case, be given, by mail or otherwise, to the plaintiff

147

Persons un-
der sentence.

Persons im-
prisoned.
148 INSANE ASYLUM.

or his attorney, if in this State; and if it shall be
proved to the satisfaction of said Judge, that the pris-
oner is insane, he may discharge him from imprison-
ment and order him into safe custody, and to be sent
to the Asylum; nevertheless the creditor may renew
his process and arrest again hig debtor when of sound
mind.

Sec. 34. Persons charged with misdemeanors and
acquitted on the ground of insanity, may be kept in
custody and sent to the Asylum, in the same way as
persons charged with crime.

Price of

peacines Sec. 35. The price to be paid for keeping the poor,
or any persons in indigent circumstances in the Asy-
lum, until the first day of April, 1843, shall be two
dollars and fifty cents per week; thereafter it shall be
annually fixed by the Managers, and shall not exceed
the actual cost of support and attendance, exclusive
of officers’ salaries. But the Managers may reduce
the price, it they think proper in behalf of one indi-
gent patient from each county, if admitted within six
mouths of the first attack of the disease, for one year,
unless sooner cured. The Managers may, at their
discretion require payments after the first day of De-
cember next, to be made quarterly or semi-annually,
in advance.

Liability of Sec. 36. Every insane person supported in the Asy-

Ported,” lum shall be personally liable, for his maintenance
therein, and for all the necessary expenses incurred
by the Institution in his behalf;.and the committee,
relative, town, city or county, that would have been
bound by law to provide for and support him, if he
had not been sent to the Asylum, shall be liable to
pay the expenses of his clothing and maintenance in
the Asylum, and actual necessary expenses to and
from the same.

font tots Sec. 87. The expenses of clothing and maintaining

gupported by 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. The
Treasurer of said county is authorized and directed to
pay to the Treasurer of the Asylum, the bills for such
INSANE ASYLUM. 149

clothing and maintenance, as they shall become due
and payable, according to the By-Laws of the Asy-
lum upon the order of the steward ; and the Super-
visors of said county shall annually levy and raise
the amount of such bills, and such further sum as will
probably cover all similar bills for one year in ad-
vance. Said county, however, shall have the right to
require any individual town, city, or county, that is
legally liable for the support of such patient, to re-im-
burse the amount of said bills, with interest from the
day of paying the same.

Sec. 38. Whenever the Managers shall order a pa- Expense, of
tient removed from the Asylum to the Poor House of :
the county whence he came, the Superintendents of
the Poor of said county shall audit and pay the actu-
al and reasonable expenses of such removal, as part
of the contingent expenses of said Poor House. But
if any town or person be legally liable for the support
of such patient, the amount of such expenses may be
recovered for the use of the county by such Superin-
tendents. If such Superintendents of the Poor neg-
lect or refuse to pay such expenses, on demand, the
Treasurer of the Asylum may pay the same, and
charge the amount to the said county; the Treasurer
of the said county is hereby authorized to’ pay the
same, with interest, after thirty days ; and the Super-
visors of said county shall levy and raise the amount
as other county charges.

Sec. 89. Every town or county paying for the sup-pspense of
port of a Lunatic in the Asylum, or for his expenses supporting ©
in going to or from the same, shall have the like rights recovered.
and remedies, to recover the amount of srl payments
with interest from the time of paying such bill, as if
such expenses had been incurred for the support of
the same, at other places under existing laws. ©

Sec. 40. None of the provisions of this act shall re- Powers, of
strain or abridge the power and authority of the 7”
Chancellor of the State over the persons and property
of the Insane.

By the 20th section of the above act, it is provided
150

Additional
number to be

received,

DEAF, DUMB AND BLIND ASYLUM.

that in every case of Lunacy hereafter occurring, and
provided for by title three, chapter twenty, part first
of the Revised Stattites, the Lunatic shall be sent
within ten days to the State Lunatic Asylum, or “ to
such Public or Private Asylum as may be approved
by a standing order or resolution of the Board of Su-
pervisors of the county, and the provisions of said
title three, allowing other places of confinement be-
yond ten days, are hereby repealed.”

It seems insane persons can be sent to the Lunatic
Asylum by—Ist, two Justices of the Peace; 2d, a
Court or a County Judge; 3d, by the friends of the
Lunatic.

Deaf and Dumb and Blind Asylum. Act of 1839,
p. 171.

Sec. 1. The managers of the New York Institution
for the blind, are hereby authorized to receive from
each senate district of this State, eight indigent blind
persons, in addition to those heretofore provided for
by the State, between eight and twenty-five years of
age, in like manner and at like expense as the State
pupils now in the Institution, and all of said pupils
shall be instructed for a period not exceeding five
years, in such studies and employments as are now,
or may hereafter be taught and carried on in said
institution, but when it may be advantageous to pro-
long the time of instruction of any one or more of
the pupils now in said Institution, or of those which
may be hereafter received therein ; the managers may
in their discretion, retain them for a term not exceed-
ing two years, beyond that now provided by law ;
first obtaining for that purpose the approbation of
the Superintendent of Common Schools. The addi-
tional eight persons from each senate district, provided
for by this section, shall be designated by the Super-
intendent of Common Schools in the same manner as
1s provided for by law, in relation to the Institution
for the deaf and dumb.
DEAF, DUMB AND BLIND ASYLUM. 151

Sec. 2. The Treasurer of the State shall pay, on the $19.00) ' be
warrant of the Comptroller, out of any money in the Treasurer of
treasury, not otherwise appropriated, the sum of°***
fifteen thousand dollars, in three equal annual instal-
ments, to the Treasurer of the aforesaid institution, if
the said managers shall produce satistactory evidence
to the Comptroller, they have procured and deposited
in some bank in the city of New York, the sum of
ten thousand dollars, which sums shall be applied to
pay for the labor and materials necessary to complete
the aforesaid structure, according to the design here-
tofore adopted by the managers aforesaid, and also
for the purpose of removing the old wooden building
on the premises, and regulating the grounds about the
same.

Sec. 3. The managers of said Institution shall keep Accounts
2 ‘ . how to be

a separate account of the moneys herein appropriated kept.

to the building, and report the progress thereof among

other things in their annual report.

Sec. 4. The Commissioners of the Common Schoo] Pator
fund in the city of New York, are hereby authorized to be given
and required to distribute to the managers of the Mss.
New York Institution for the blind, a rateable pro-
portion of the said school fund to every blind pupil
in said Institution, without regard to age.

Sec. 5. The Supervisors of any county in this supervisors
State, (from which State pupils may be sent and {ygine
received into the said Institution, whose parents or
guardians are unable to furnish them with suitable
clothing) are hereby authorized and required, while
such pupils are under instruction, to raise assum of
money for this purpose, not exceeding twenty dollars
in any one year, for each pupil from said county.

Sec. 6. The Superintendent of Common Schools is tastitution
hereby authorized to visit and inspect the New York bow visited.
Institution for the blind, in all its departments, and to
report to the Legislature on such matters and things
relating to the interests of said Institution, as he may
deem necessary.

Sec. 7. This Act shall take effect immediately.
152

ASYLUM.
Act of 1888, p. 233.

Sec. 1. No deaf and dumb person shall be entered
upon the list of State pupils to be educated under
twelve years of age.

Sec. 2. The Directors of the New York Institution
for the instruction of the deaf and dumb, are author-
ized, with the consent of the Superintendent of Com-
mon Schools, to continue any such pupil under instruc-
tion, for a term not exceeding two years beyond that
now provided by law.

Sec. 3. The Supervisors of any county in this State,
from which State pupils may be selected, whose
parents or guardians are unable to furnish them with
suitable clothing, are hereby authorized and required
while such pupils are under instruction, to raise a sum
of money for this purpose not exceeding twenty dol-
lars in any one year, for such pupil, from said county.

The State Superintendent. of Common Schools,
addresses a communication to the Board of Supervi-
sors, stating the names of the pupils and the amount
necessary to be raised upon the county, for the pur-
pose of pu.chasing clothing for said pupils, The
amount may be raised by resolution, as follows :

On motion of Mr. Lewis,

Resolved, That the sum of $160 (or whatever the
sum may be) be assessed upon the county and paid
by the Treasurer, $100 thereof to the Treasurer of the
New York Institution for the deaf and dumb, and $60
to the Treasurer of the Institution of the blind, for
pupils in said Institution from this county.

The Clerk of the Board ought, in the minutes of
each day to make an entry of the accounts as num-
bered and referred, as follows :

Claims were presented and numbered from 1 to 50,
(or as the case may be,) and referred.

The Clerk also keeps, in a different place in his
ASSESSORS. 1538

minutes, the name of the claimant and the same
number which was endorsed on his account, opposite
to his name.

Assessors. 1 R. S&., 390.

Sec. 7. The Assessors chosen in each town or ward, acsossment
may divide the same by mutual agreement, into con- District.
venient assessment districts, not exceeding the num-
ber of assessors in such town or ward.

Sec. 8. Between the first days of May and July in inquiry tobe
each year, they shall proceed to ascertain, by diligent ™**
inquiry, the names of all the taxable inhabitants in
their respective towns or wards, and also all the tax-
able property, real or personal, within the same.

Sec. 9. They shall prepare an assessment roll, in Assessment
which they shall set down in four separate columns, ®™

“and according to the best information in their power:

1. In the first column, the names of all the taxable
inhabitants in the town or ward, as the case may be ;

2. In the second column, the quantity of land to
be taxed to each person ;

3. In the third column, the full value of such land,
according to the definition of the term land, as given
in the first title of this chapter ;

4. In the fourth column, the full value of all the
taxable personal property, owned by such person,
after deducting the just debts owing by him.

Sec. 10. When a person is assessed as trustee, Truste,
guardian, executor or administrator, he shall be““™°""™
assessed as such, with the addition to his name of his
representative character, and such assessment shall be
carried out in a separate line from his individual
assessment ; and he shall be assessed for the value of
the real estate held by him in such representative
character, at the full value thereof, and for the personal
property held by him in such representative character,
deducting from such personal property, the just debts
due from him in such representative character.
154 ASSESSORS.

Lands of | Sec. 11. The lands of non-residents shall be desig-
nated in the same assessment roll, but in a part thereof
separate from the other asssessments, and in the man-
ner prescribed in the two following sections.

Sec. 12. If the land to be assessed, be a tract which
is sub-divided into lots, or be a part of a tract which
is so sub-divided, the assessors shall proceed as
follows :

1. They shall designate it by its name, if known by
one, or if it be not distinguished by a name, or the
name be unknown, they shall state by what other lots
it is bounded.

2. If they can obtain correct information of the
sub-divisions, they shall put down in their assessment
rolls and in a first column, all the unoccupied lots in
their town or ward, owned by non-residents, by their
numbers alone, and without the names of the owners,
beginning at the lowest number, and proceeding in
numerical order to the highest.

3. In a second column, and opposite to the number
of each lot, they shall set down the quantity of land
therein, liable to taxation.

4. In a third column and opposite to the quantity,
they shall set down the valuation of such quantity.

5. If such quantity be a full lot, it shall be desig-
nated by the number alone ; if it be a part of a lot,
the part must be designated by boundaries, or in some
other way by which it may be known.

Sec. 13. If the land so to be assessed be a tract
which is not sub-divided, or if its sub-divisions cannot
be ascertained by the assessors, they shall proceed as
follows : ) ,

1. They shall enter in their roll the name or boun-
daries thereof, as above directed, and certify in the
roll that such tract is not sub-divided, or that they
cannot obtain information of the sub-divisions as the
case may be.

2. They shall set down in the proper column, the
quantity and valuation as above directed.

3. If the quantity to be assessed be the whole tract,
ASSESSORS. 155

such a description by its name or boundaries will be’
suflicient, but if a part only is liable to taxation, that
or the part not liable, must be particularly described.

4. lf any part of such tract be settled and occu-
pied by a resident of the town or ward, the Assessors
shall except such part from their assessment of the
whole tract, and shall assess it as other occupied
lands are assessed ; and if they cannot otherwise
designate such parts, they shall notify the Supervi-
sor of the town, who shall cause a survey and two
manuscript maps to be made for the purpose of
ascertaining the situation and quantity of every
such occupied part.

5. One of those maps shall be delivered by the
Supervisor to the County Treasurer, to be by him
transmitted to the Comptroller, and the other shall be
delivered in like maner to the Assessors.

6. The Assessors shall then complete the assess-
ment of the tract, and shall deposit the map in the
Town Clerk’s office, for the information of future
Assessors, and the expense of making such survey
and maps shall be immediately repaid to the Super-
visor out of the county treasury ; and it shall be
added by the Board of Supervisors to the tax on the
tract, distinguishing it from the ordinary tax.

Sec. 14. Whenever it shall be deemed necessary Survey oft |
by the Assessors of any town, to have an actual sur-tmna
vey made, to ascertain the quantity of any lot or
tract of non-resident lands which is divided by the
town line, they shall notity the Supervisor, who shall
cause the necessary surveys to be made at the expense
of the town.

Sec. 15. If any person, whose real or personal AMdavit of
estate is liable to taxation shall, at any time betore property.
the Assessors shall have completed their assessments,
make aftidavit that the value of his real estate does
not exceed a certain sum, to be specified in such
attidavit ; or that the value of the personal estate
owned by him, after deducting his just debts, and his
property invested in the stock of incorporated com-
panies, liable under this chapter to taxation on their
156 ASSESSORS.

capital, does not exceed a certain sum to be specified
in the affidavit, it shall be the duty of the Assessors
to value such real and personal estate, or both, as the
case may be, at the sums specified in such affidavit,
and no more.

Sec. 16. If any trustee, guardian, executor or
administrator, shall specity, by affidavit, the value of
the property possessed by him, or under his control,
by rirtue of such trust, atter deducting the just debts
due from him, and stock held by him in incorporated
companies liable to taxation, in that capacity, the
Assessors shall in like manner value the same, at the
sum specified in such affidavit.

Rule of va. ec. 17. All real and personal estate liable to tax-

uation. ation, the value of which shall not have been speci-
fied by the affidavit of the person taxed, shall be esti-
mated by the Assessors at its full value, as they would
appraise the same in payment of a just debt due tro: t
a solvent debtor.

Qualification Sec. 18. The preceding section shall be followed in
all assessments made under this chapter, except wl.cre
the Assessors shall be specially required by law, to
observe a different rule. ,

Rell mata Sec. 19. The Assessors shall complete the assess-

Notice. | ment rolls on or before the first day of August in
every year, and shall make out one fair copy thereof,
to be left with one of their number. They shall also.
forthwith cause notices thereof to be put up at three
or more public places in their town or ward.

Contents of Sec. 20. Such notices shall set forth, that the

notice, Assessors have completed their assessment roll, and
that a copy thereof is left with one of their number
to be designated in such notice, at some place to be
specified therein, where the same may be seen and
examined by any of the inhabitants of the town or
ward, during twenty days, and that the Assessors will
meet, on a certain day, to be specified in such notice, to
review their assessments, on the application of any
person conceiving himself aggrieved.

Inspection of Sec. 21. The Assessor with whom such assessment

Roll. roll is left, shall submit the same, during the twenty
ASSESSORS. 157

days specified in such notice, to the inspection of all
persons who shall apply for that purpose.

Sec. 22. The Assessors shall meet at the time and Assessors to
place specified in such notice, and on the application Tew."
of any person conceiving himself aggrieved by their
assessment, shall review such assessment. And when
the person objecting thereto, shall not previously have
made affidavit concerning the value of his property,
pursuant to the fifteenth and sixteenth sections of this
title, the Assessors shall, on the affidavit of such per-
son, made as provided in those sections, reduce their
assessments to the sum specified in such affidavits.

Sec. 23. If the person objecting to the assessment
can show, by other proof than his own affidavit, to
the satisfaction of the Assessors, or of a majority of
them, that such assessment is erroneous, the Assessors
shall review and alter the same, without requiring any
such affidavit.

Sec. 24. Where any person in possession of person- amanit by
al property shall make aftidavit that such property, or 48™*
any part thereof, specifying what part, is possessed by
him as agent for the owner thereof, and shall disclose
in such affidavit the name and residence of the owner,
the Assessors, if it shall appear that such owner is
liable to be taxed under this chapter, shall not in-

‘ clude such personal estate in the assessment of the
property of such possessor.

Sec. 25. The affidavits specified in this article, shall Javits
be made before the Assessors, or one of them, either mee.
of whom is hereby authorized to administer an oath
for that purpose, and the Assessors shall cause all
such affidavits to be filed in the office of the Town
Clerk.

Sec. 26. If no objection be made to their assess- Certificate to
ments, or immediately after the Assessors shall have a
disposed of the objections, the Assessors, or a major-
ity of them, shall sign the assessment roll, and shall
attach thereto a certificate, in the following form,
which shall also be signed by them: We do severally
certify that we have set down, in the above assess-
ment roll, all the real estate, situate in the town or
158 ASSESSORS.

ward, (as the case may be,) according to our best in-
formation ; and that with the exception of those cases
in which the value of the said real estate has been
sworn to, by the owner or possessor thereof, we have
estimated the value of the said real estate, at the sums
which a majority of the Assessors have decided to be
the true value thereof, and at which they would ap-
praise the same in payment of a just debt due from
a solvent debtor: And also, that the said assessment
roll contains a true statement of the aggregate amount
of the taxable personal estate of each and every per-
son named in the said roll, over and above the amount
of debts due from such persons respectively, and ex-
cluding such stocks as are otherwise taxable; and
that with the exception of those cases in which the
value of such personal estate has been sworn to by
the owner or possessor, we have estimated the same
according to our best information and belief.

Rolltobede- Sec. 27. The roll thus certified, shall, on or before
the first day of September in every year, be delivered
by the Assessors of each ward in the city of New
York, to the Clerk of the city, and by the Assessors
of every other town or ward, to the Supervisor there-
of, who shall deliver the same to the Board of Super-
visors at their next meeting.

Duty of As Sec. 28. The Assessors in the execution of their du-
ties, shall use the forms, and pursue the instructions
which shall from time to time be transmitted to them
by the Comptroller,

Sec. 29. It any Assessor shall neglect, or from any
cause omit to perform his duties, the other Assessors,
or either of them, of the town or ward, shall perform
such duties, and shall certify to the Supervisors with
their assessment roll the name of such delinquent As-
sessor, stating therein the cause of such omission.

Affidavit under 15th Section.
Monroe County, \ a

Town or Pirrsrorp,
Ira Bellows, of Pittsford, in said
county, being duly sworn, deposes and says, that the
ASSESSMENTS.

value of the personal estate owned by him, after de-
ducting his just debts, and his property invested in
the stock of incorporated companies, liable under
chapter 13, part I, title IV of the Revised Statutes,
to taxation on their capital, does not exceed the sum
of two thousand dollars.

Ira Betiows.
Subscribed and sworn, this 28th
day of May, 1849, before me,

Joun Hoarn, Assessor.

If the person making the affidavit has no stock in
incorporated companies, omit that part of the affi-
davit, and if he owes more than the value of his per-
sonal property, after the word “ says,” add, “ that the
value of his personal property is not equal to the
amount of debts owed by him.”

Amended Act as to Assessments. Passed March 25,
1850, p. 14.

Sec. 1. Section five, title second, article first, chap-
ter thirteen, part first of the Revised Statutes, is here-
by amended by adding thereto the following: “In
case any person possessed of such personal estate,
shall reside, during any year in which taxes may be
levied in two or more counties or towns, his residence
for the purposes, and within the meaning of this. sec-
tion shall be deemed and held to be in the county
and town in which his principal business shall have
been transacted.”

By an act passed April 15, 1851. Every person is
to be assessed for all personal estate owned by him in
the town or ward where he resides, when the assess-
ment is made. It is also provided by said act that all
real and personal estate is to be assessed by the As-
sessors at itsfull and true value as they would ap-

159
160

INCORPORATED COMPANIES.

praise the same in the payment of a just debt due
from a solvent debtor. (See Act of 1851, p. 332.)

Railroad Corporations, kc.

By the act of 1857, vol. II, p. 122, it is made the
duty of Assessors to complete the assessment rolls on
or before the first day of August in every year, and
by that act they were required to give special notice
to Railroad Corporations of the completion of their
rolls, and they werd further by said act, on the day
of the review to examine the persons requiring a re-
duction of their assessments under oath, and reduce
the same to writing and to give a copy thereof, to the
party. But by an act passed April 7, 1858, the first
and sixth sections of the act above referred to, and that
part of section second requiring special notice to Rail-
road Corporations, are repealed. [See Act of 1858,
p. 209.]

Incorporated Companies Taxed. 1 FR. S., 414.

Sec. 1. All monied or stock corporations deriving
an income or profit from their capital or otherwise,
shall be liable to taxation on their capital, in the
manner hereinatter prescribed.

The remaining sections to the 9th, direct how the
tax shall be assessed by the Assessors, and require
that such companies shall furnish to the Assessors of
the several wards and towns, a written statement of
their effects.

Sec. 9. If the President or other proper officer of
any incorporated company named in the assessment
roll, shall show to the satisfaction of the Board of
Supervisors, at their annual meeting, within two days

from the commencement thereof, by the affidavit of
INCORPORATED COMPANIES. 161

such officer, to be filed with the Clerk of the Board,
that such company is not in the receipt of any profits
or income, the name of such company shall be strick-
en out of the assessment roll, and no tax shall be
imposed upon it. And the assessment of every
monied or stock corporation, authorized to make divi-
dends on its capital, from which no such affidavit
shall be received, shall be conclusive evidence, that
such corporation was liable to taxatioh and was duly
assessed.

Sec. 10. The capital stock of every company liable stock how
to taxation, except such part of it as shall have been *****
excepted in the assessment roll, and by the previous
sections of this title, shall be assessed and taxed in
the same manner as the other real and personal estate
of the county, unless such company shall be entitled
to commute under the next section, and shall elect so
to do; in which case no tax shall ‘be imposed by the
Board of Supervisors on the property of such com-

any.

Sec. 11. All companies employed wholly or prin-  ».
cipally in manufacturing, and all marine insurance
companies, whose net annual income shall not exceed
five per cent. on the capital stock paid in, and secured’
to be paid in, shall be entitled to commute for their
taxes by paying directly to the Treasurer of the county
in which the business of the company is transacted,
five per cent. upon all such income made by such
company during the preceding year.

Sec. 12. All turnpike, bridge, or canal companies,
whose net annual income shall not exceed five per
cent. on the capital stock paid in, and secured to be
paid in, shall be exempted ftom taxation.

Sec. 13. To entitle any such company to the exemp- requisites to
tion aforesaid, the President and Secretary, or some ™?%™-
two officers of the company, shall make affidavit,
stating the capital stock paid in, and secured to be»
paid in, together with the income and profits, and the
total expenditures during the preceding year, of such
company ; which affidavit shall be delivered to the
Assessors of the town, at the time of making their
assessments.

11
162

Requisites to
exemption.

Taxes to be
stated and
collected.

Duty of Su-
pervisors.

TAXES.

Sec. 14. The President or other proper officer of
each company elected to commute, shall make affida-
vit before some officer authorized to take affidavits,
stating the amount of such net income; and on filing
the same with the Clerk of the Board of Supervisors,
at their annual meeting within two days from the
commencement thereof, accompanied by the receipt
of the County Treasurer, acknowledging the payment
of the proper commutation, such Board of Supervi-
sors shall impose no tax on the property of such com-
pany.

Sec. 15. The amount of taxes assessed on all incor-
porated companies liable to taxation, and not electing
to commute, shall be set down by the Board of Super-
visors in the fifth column of the corrected assessment
roll, and shall form a part of the monies to be col-
lected by the Collector.

Sec. 16. The Board of Supervisors, having com-
pleted the assessment, shall transmit to the Comptrol-
ler, with the aggregate valuations of real and person-
al estate in their county, a statement, showing the
names of the several incorporated companies liable
to taxation in such county; the amount of the capi-
tal stock paid in, and secured to be paid, by each, the
amount of real and personal estate of each as put
down by the Assessors, or by them, and the amount
of taxes assessed on each. In those counties in
which there is no such company, the Board of Super-
visors shall certify such fact to the Comptroller with
their return of the aggregate valuations of real and
personal estate.

Tanes—Mascellaneous Provisions, 1 R. S., 418.

Duty oftown Sec. 1. The Clerks of the city of New York,

and city
Clerks,

Albany, Hudson, Schenectady and Troy, and the
town Clerks of the several towns, shall yearly, before
the first day of October, in each year, certify and
deliver to the Supervisor of their respective towns,
the names of all the Assessors and Collectors in their
respective cities and towns, and the same shall be
EQUALIZATION OF THE ASSESSMENTS. 163

delivered to the Board of Supervisors at their next
meeting.

Sec. 2. The Boards of Supervisors of the several DatyotBosrd
counties at every annual meeting, shall transmit too.
the Comptroller the names and places of abode of the
town Clerks and Assessors in their respective counties,
who shall have wilfully refused or neglected to per-
form the duties required of them in this chapter ; and
the Comptroller shall thereupon give notice to the
District Attorneys of the proper counties, to the end
that they may prosecute such delinquent town Clerks
and Assessors, for the penalties incurred by them.

Sec. 5. All losses which may be sustained by the Losses by
default of the collector of any town or ward, shall be countytreas
chargeable on such town or ward. All losses which ™**
may be sustained by the default of the Treasurer of
any county, in the discharge of the duties imposed
by this chapter, shall be chargeable on such county ;
and the several Boards of Supervisors shall add such

losses to the next year’s taxes of such town or county,

Sec. 7. Provides that, if in consequence of having Comptroller
received irregular and imperfect descriptions of the correct" re-
lands of non-residents in any town, the Comptroller ‘™*
shall apprehend that irregular or imperfect returns
may again be received, he may give notice of such
apprehension to the Board of Supervisors of the
proper county, at their annual meeting, specifying the
several towns in such county, the returns from which
will probably require correction.

Sec. 8. It shall be the duty of such Board of Super-
visors to require the Assessors and Collector of such
town, specified in the notice of the Comptroller, to
meet in such town, at such place as shall be designa-
ted by the Supervisors, within thirty days of the expi-
ration of the time when the Collectors are to make
their returns to the County Treasurers.

Equalization of the Assessments. 1 RB. S., 395.
Supervisors

Sec. 31. The Board of Supervisors of each county to examine
assessment

in this State, at their annual meeting, shall examine rots.
164 ‘EQUALIZATION OF THE ASSESSMENT.

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
agoregate valuations of real estate 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 relation between all the valuations of
the real estate in the county; but they shall in no
instance, reduce the aggregate valuations of all the
towns and wards, below the aggregate valuation
thereof, as made by the Assessors.

Lands of Sec. 82. The Board of Supervisors shall also make

nonresidentssnch alterations in the descriptions of the lands of
non-residents as may be necessary, to render such
descriptions conformable to the provisions of this
chapter; and if such alterations cannot be made,
they shall expunge the descriptions of such lands and
the assessments thereon, from the assessment roll.

Tax tobeset Sec. 33. They shall also estimate and set down in

oe a fitth 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 as a tax thereon.

Aggregate Sec. 34. They shall also add up and set down the
valuations: acoregate valuations of the real and personal estates in
the several towns and wards as corrected by them; and
shall cause théir 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 corrected

by the Board.
Comectod Sec. 85. They shall cause the corrected assessment
rls’ ‘Toll of each town or ward, or a copy thereof, to be de-

livered to each of the Supervisors of the several
towns or wards, who shall deliver the same to the
Clerk of their city or town, to be kept by him for the
use of such city or town.

Tb, Sec. 36, The Boards of Supervisors of the several
EQUALIZATION OF THE ASSESSMENTS. 165

counties in this State shall cause the corrected assess-
ment roll of each town or ward in their respective
counties, or a fair copy thereof, to be delivered to the
Collector of such town or ward, on or before the fif-
teenth day of December in each year.

Sec. 37. To such assessment roll, so delivered to a Warant to
Collector, a warrant, under the hands and seals of the contents.
Board of Supervisors, or of a majority of them, shall
be annexed, commanding such Collector to collect
from the several persons named in the assessment roll,
the several sums mentioned in the last column of such

roll, opposite to their respective names.

If the warrant be directed to the Collector of a
town, it shall direct the Collector, out of the moneys
so to be collected, after deducting the compensation,
(amended as to Collectors’ fees by act of 1847, p. 189)
to which he may be legally entitled, to pay :

1. To the Commissioners of Highways of the town
such sum as shall have been raised for the support of
highways and bridges therein;

2. To the Overseers of the Poor of the town, if
there be no county poor-house, or other place provid-
ed in the county for the reception of the poor, such
sum as shall have been raised for the support of the
poor in such town;

3. To the Supervisor of the town, all other moneys -
which shall have been raised therein, to defray any
other town expenses;

And 4. To the Treasurer of the county, the residue
of the moneys so to be collected.

If the warrant be directed to a Collector of a ward,
it shall direct the Collector to pay all the moneys to be
collected, after deducting his compensation, (amended
as to Collector’s fees, act of 1847, pages 189 and 716)
to the Treasurer of the county. In all cases the war-
rant shall authorize the Collector, 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 shall
require all payments therein specified, to be made by
166 EQUALIZATION OF THE ASSESSMENTS.

such Collector, on or before the first day of February
then next ensuing.

Account to Sec. 38. As soon as the Board of Supervisors shall

be tansmi have sent or delivered the rolls, with such warrants

ty Treasurer. annexed, to the Collectors, they shall 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 per-
sons to whom and the time when the same are to be
paid; and the County Treasurers, on receiving such
account, shall charge to each Collector the sums to be
collected by him. !

Sec. 39. Whenever the laws respecting cities shall
have directed the moneys assessed for any local pur-
pose, to be paid to any person or officer other than
those named in the preceding thirty-seventh section,
the Collector’s warrant may be varied accordingly, so
as to conform to such alteration.

Duty oteom- The first duty of the Committee on Equalization is

oqualizstion. to add correctly the several assessment rolls, if they
have not been previously added, and if they have
been added before, to ascertain if they were correctly
added. Each Supervisor, after receiving the roll
from the Assessors and before the meeting of the
Board, ought to add the same ; thatis, the number of
acres assessed, and the amount thereof as assessed,
and ascertain the assessed value per acre. These
footings and calculations ought to appear on the lat-
ter part of the roll, in order that the committee may
see that the same is correctly done.

Report. The committee then make a table, embracing the
following particulars: In the first column, the names
of the towns and wards; in the second, the number
of acres in each town or ward ; third, assessed value
of real estate in each town or ward; fourth, assessed
value per acre in each town; fifth, equalized value per
EQUALIZATION OF THE ASSESSMENTS. 167

acre 5 sixth, equalized value of real estate in town
and ward; and when this is completed, it will be the
report of such committee. The Clerk can afterwards
add the personal estate, and extend the real estate
equalized with the personal, added on the same re-
port. In counties where there are wards, the towns
are first to be entered as above, and added, and then
the wards are to be entered, giving only the assess-
ed value of the real estate in each ward, and the
equalized value thereof in the same column under the
towns which are also to be added separately, and then
the agereoate of the towns and wards is to be added,
to see that the aggregate valuations of all the towns
and wards are not reduced below the aggregate valu-
ation thereof, as made by the Assessors. The total
amount of the towns or wards as equalized, may be
less than the amount as assessed, but the total amount
as equalized, of both, or of the whole county, must
not be less than the assessed amount thereof.

After ascertaining the assessed value of the real es-
tate per acre and entering it, the committee then de-
cide how much each town ought to be increased or
diminished, per acre, to make them all equal, and then
how much on the hundred is to be added to or de-
ducted from the wards to make them right.

Where there is no State tax, it would be more equi-1 equalize
table, as real estate is generally assessed, to equalize ihanaesessed
it higher than assessed ; for unless this is done, the
tax-payer on real estate has an advantage over the
tax-payer on personal property, the real estate being
assessed usually at about half its true value, and the
personal, at its full value. If Assessors would do
their duty as their oaths and the law require, and
assess real estate at its true value, this inequality be-
tween real and personal estate would not exist. This
168

Form of as-
sessment roll

CORRECTED ASSESSMENT ROLL.

practice originated in the fear, on the part of Assess-
ors that if their particular town was assessed as high
as it ought to be, such town would have to pay a
larger tax by reason thereof. There are no good
grounds for such fear; for the Committee on Equali-
zation will regulate this matter. If this town be high
and other towns low, the committee will raise the
other towns and thereby make them equal.

Corrected Assessment Roll.

Section 35 provides that the Supervisors shall cause
the corrected assessment roll of each town or ward to
be delivered to each of the Supervisors of the several
towns or wards for the use of the several towns. This
section has never been fully complied with. Copies
of the assessment rolls have been furnished each Su-
pervisor, and have been filed in the Town Clerk’s of-
fice. The rolls thus furnished, with the addition of
the tax, were the same as those made by the Assess-
ors. Sometimes the rate per cent. which the real es-
tate has been increased or diminished, has been stated
upon the roll, but to comply fully with that section,
another column ought to be added to the blank assess-
ment roll, headed “ Value of Real Estate as Equaliz-
ed.” This ought to be next following the one headed
“Value of Real Estate.” Then follows “ Value of
Personal Estate;” then next before the tax should be
one, “ Value of Real Estate as Equalized, with Per-
sonal added.” Then follows the tax. The blanks
ought thus to be printed, and the Clerks of the seve-
ral Boards of Supervisors should make out the equal-
ized column by computing such assessment upon the
several rolls, according to the rate per cent. added or
deducted, which was reported by the Committee‘on
SCHOOL TAXES.

Equalization. This, then, would be the corrected roll
required by section 385.

School Taxes.

From the above corrected roll, Trustees of the sev-
eral.school districts could make out legal taxes, and
very much trouble and litigation would thereby be
avoided.

Trustees have generally, in making out taxes, taken
the assessed value of the real estate, which by de-
cisions of the Supreme Court, renders the tax illegal;
and if the rate per cent. as equalized, is given on the
copy filed in the Clerk’s office, (which is not often the
case,) it then requires more experience and skill to
make out the tax correctly than is usually possessed
by Trustees. Hence the payment of the taxes im-
posed are frequently resisted, and much litigation is
the consequence.

An Act to Equalize Taxation, passed May 13,
1846, p. 466.

169

Sec. 1. It shall be the duty of Assessors of each gents to te

town and ward, while engaged in ascertaining the ted.

taxable property therein, by diligent inquiry, to as-
certain the amount of rents reserved in any leases in
fee, or for one or more lives, or for a term of years
exceeding twenty-one years, and chargeable upon
lands within such town or ward, which rents shall be
assessed tothe person or persons entitled to receive
the same as personal estate, which it is hereby declar-
ed to be for the purpose of taxation under this act, at
a principal sum, the interest of which at the legal
rate per annum shall produce a sum equal to such
anuual rents; and in case such rents are payable in
any other thing, except money, the value of such an-
nual rents in money shall be ascertained by the Assess-
ors, and the same shall be assessed in manner afore-
said.
170

EQUALIZATION.

Sec. 2. The Board of Supervisors in each county

shall assess the taxes to be raised for town, county

and State purposes upon the person or persons enti-

tled to receive such rents within the town or ward

where the lands upon which such rents are reserved
and situated, in the same manner and to the same ex-
tent as any personal estate of the inhabitants of snch
town. ¢

See. 3. If such tax shall not be paid, the Colléctor
shall levy the same by distress and sale of the goods
and chattels of the person against whom the same is
assessed within the town or ward of such Collector in
the same manner as if such person was an inhabitant
of such town or ward.

Sec. 4. Whenever it shall appear by the return of
any Collector made according to. law, to a County
Treasurer, that any tax imposed under the provisions
of this act, remains unpaid, such County Treasurer
shall issue his warrant to the Sheriff of any county
where any real or personal estate of the person upon
whom such tax is imposed, may be found, command-
ing him to make of the goods and chattels and real
estate of such persons, the amount of such tax, togeth-
er with one dollar for the expense of issuing such
warrant, and return the said warrant to the Treasurer
issuing the same, and to pay to him the money which
shall be collected by virtue thereof, by a certain time
therein to be specified, not less than sixty days from
the date of such warrant.

Sec. 5. Such warrant shall be a lien upon, and
shall bind the real and personal estate of the person
against whom the same shall be issued from the time
an actual levy shall be issued by virtue thereof; and
the Sheriff to whom such warrant shall be directed,
shall proceed upon the same in all respects with the
like effect, and in the same manner as prescribed by
law in respect to executions against property, issued
by a County Clerk upon judgments rendered by a
Justice of the Peace, and shall be entitled to the same
fees for his services in executing the same, to be col-
lected in the same manner.
POOR. 171

Sec. 6. In case of the neglect of any Sheriff to re-
turn such warrant according to the directions therein,
or to pay over any money collected by him in pursu-
anee thereof, he shall be proceeded against in the Su-
preme Court by Attachment, in the same manner,
and with the like effect, as for similar neglects in re-
ference to an execution issued out of the Supreme
Court in a civil suit, and the proceedings thereon
shall be the same in all respects.

Sec. 7. If any such warrant shall be returned un-
satisfied in whole or in part, the County Treasurer, ,
under the direction of the Board of Supervisors of
his county, may file a bill in his name of office, in the \
Court of Chancery, whatever may be the amount so
remaining unsatisfied against the person against
whom such warrant was issued, and any other person
having the possession of his property, for the discov-
eryiand sequestration of such property. And on the
filing of such bill, the Court of Chancery shall order
such part of the property of the person upon the tax
specified in the said warrant, imposed as shall be ne-
cessary for the purpose of satisfying the taxes in
arrear, and imposed as aforesaid, with the costs of the
prosecution, to be sequestered, and may order and di-
rect such other proceedings as may be necessary to
compel the payment of such tax and costs.

Insurance of Public Buildings. Act of 1847, p. 415.

Sec. 1. The public officers having by law the care
and custody of town, village, city, or county build-
ings, are hereby authorized to insure the same, at the
expense, and for the benefit of the town, village, city
or county owning the same.

Poor. 1 R&R. S&., 619.

Sec. 21. In those counties where the Supervisors Notice of ae-
shall determine to abolish the distinction between or screni-
town poor and county poor, and to have all the poor*™.

a county charge, it shall he the duty of the Clerk of

the Board of Supervisors immediately to serve notice
172 POOR.

of such determination on the Overseers of the Poor
of every town in the county. Within three months
after the service of such notice, the Overseers of the
Poor of every town shall pay over all moneys which
shall remain in their hands, after discharging all
demands against them as such Overseers, to the
County Treasurer, to be applied by him towards the
future taxes of such town. In case of neglect to pay
over such moneys, the County Treasurer may main-
tain an action therefor, in which he shall recover
interest on the moneys withheld, from the time they
should have been paid over.

Excise Sec. 29. In those counties in which the distinction
jotite°? between county poor and town poor prevails, the
counties. excise money collected in any town, and all penalties
given by law to the Overseers of the Poor, when
received, shall be applied to the use of the poor of
the town in which such money and penalties shall be

collected.
Yoorto bea Sec, 23. In the counties of Warren, Washington,

cavzein Saratoga, and Genesee, poor persons entitled to sup-

fies "°°" port as aforesaid, shall be maintained at the expense
of said counties respectively ; and all costs and
charges attending the examinations, conveyance sup-
port and necessary expenses of paupers within the
said counties, respectively, shall be a charge upon the
said counties, without reference to the number or
expense of paupers which may be sent to the poor-
house of said counties, from or by any of the towns
therein. The said charges and expenses shall be
reported by the Superintendents of the Poor of the
said counties, to the Boards of Supervisors therein
respectively, and shall be assessed, levied and
collected of and upon the taxable real and personal
estate in the said counties, in the same manner as
other county charges.

When tote Sec. 24. The Board of Supervisors of any county
come so in in this State at any annual meeting, or at any special
ties. meeting called for that purpose, may determine to

abolish all distinctions between county poor and town

poor in their counties respectively, and to have the
POOR. 173

expense of maintaining all the poor a county charge;
and upon their filing such determination, duly certi-
fied by the Clerk of the Board, with the County
Clerk, the said poor shall be maintained, and the
expense thereof defrayed in the manner prescribed
in the preceding section, relative to the counties of
Warren, Washington, Saratoga and Genesee.

Sec. 25. When the Supervisors of any county shall Notice to be
have determined to abolish the distinction between *
county poor and town poor, the Clerk of the Board
shall serve a copy of the resolution making such
determination, upon the clerk of each town, village
or city, within such county.

Sec. 26. After such resolution shall be served, it Excise

shall be the duty of the Commissioners of Excise in paia to coun
the several towns of such county, and of the officers %7*"*"""
of every city and village therein, to pay over to the
Treasurer of the county, all moneys which shall there-
. after be received for licenses to tavern keepers, retail-
ers or grocers, and all moneys which shall be recov-
ered as penalties for violating the excise laws, or any
other laws, and which are directed to be paid to the
Overseers of the Poor.

Sec. 47. Provides that in those counties where the county
respective towns are required to support their own y7sere, te
poor, the County Treasurers shall open and keep an with the
account with each town, and-the County Superin-  ~
tendents are required to furnish the County Treasurer
before the annual meeting of the Board of Supervi-
sors, a statement of the sums charged by them to
each town, which the County Treasurer must charge

to the respective towns in his accounts.

Sec. 48. In those counties in which a poor-housep, gy su.
shall be established, or a place provided by the Super-petintend-
intendents, for the reception of the poor, and in which ~
the several towns shall be liable for the support of
their poor respectively, it shall be the duty of the
Superintendents annually, and during the week pre-
ceding the annual meeting of the Board of Supervi-
sors, to make a statement of all the expenses incurred
by them the preceding year, and of the moneys
174 POOR.

received, and exhibiting the deficiency, if any, in the
funds provided for the defraying such expenses ; and
they shall apportion the said deficiency among the
said seyeral towns, in proportion to the number and
expenses of the paupers belonging to the said towns
respectively, who shall have been provided for by
the said Superintendents, and shall charge the said
towns with the said proportions ; which statement
shall be by them delivered to the County Treasurer,
as above directed.

oe Sec. 49, At the annual meeting of the Board of

Treasurer to

lay same be Supervisors, the County Treasurer shall lay before

fore Board of . . 4

Supervisors. the Board of Supervisors the account so by him kept,

Bonne’ and if it shall appear that there is a balance against
any town, the said Board shall 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 a sum for interest, at the rate of
seven dollars on the hundred, as will reimburse and
satisfy any advances that may be made or that may
have’ been made, from the County Treasurer, for such
town ; which moneys when collected, shall be paid
to the County Treasurer.

1
epi ee Sec. 50. The Superintendents of the poor in each
eupporting County, shall annually present to the Board of Super-
how defray. Visors, at their annual meeting, an estimate of the
ed; sum which in their opinion, will be necessary during
the ensuing year, for the support of the county poor,
and the said Supervisors shall cause such sum as they
may deem necessary for that purpose, to be assessed,
levied and collected, in the same manner as other
contingent expenses of the county, to be paid to the
County Treasurer, and to be by him kept as a sepa-
rate fund, distinct from the other funds of the county.

Supenatend- Sec. 63. Every County Superintendent, who shall

Siecting “go eglect to render any account, or statement, to the
renderac- Board of Supervisors, as herein required, or to pay
“over any moneys, within the time prescribed by law,
shall forfeit two hundred and fifty dollars, to be sued

for and recovered by and in the name of the County

Treasurer. The Superintendents shall also be liable
COUNTY SUPERINTENDENT ELECTION. 175

to an action, either jointly or severally, by the County
Treasurer, for all moneys which shall be in their
hands after the time when the same should have been
paid over according to law, with interest thereon at
the rate of ten dollars upon the hundred, for a year
from the time when the same should have been paid
over.

County Superintendent Election. Act of 1847, p. 740.

Sec. 1. It shall be lawful hereafter for the Board ae Ge
of Supervisors in any county, at any annual meeting aumberto be
of such Board, to direct by resolution, that hereafter “°°
only one County Superintendent of the poor shall be
elected in and tor such county, who shall hold his
office for three years; but in all counties where no
such resolution shall have been passed, three County
Superintendents of the poor shall be elected.

Sec. 2. Said Superintendent or Superintendents, Superinten-
and the County Treasurer, shall be elected at the treasurer
general election in November, eighteen hundred and **"*lect#¢
forty eight, in the same manner that other county
officers are now chosen.

Sec..3. In counties where only one Superintendent eee
of the poor shall be chosen, he shall hold his office ctsssifcation
for three years, but in counties where three are cho- aoe
sen, one of the said Superintendents so elected shall
hold his office for one year, one for two years, and
one for three years, and the Clerk of the county shall,
on the first day of January, after such election, deter-
mine by lot which of said Superintendents shall hold
his office for one year, which for two, and which for
three years, and annually thereatter there shall be
elected one Superintendent, who shall hold his office
for three years.

Sec. 4. Boards of Supervisors shall appoint County Vacancies
Superintendents of the poor, or County Treasurers, *°”
to fill vacancies which may happen in such offices.

Sec. 5. All laws now in force, not inconsistent vs to ap-
with the provision of this Act, ees to County Repeal.
Superintendents of the poor and County Treasurers,
176

Bond to be

executed,

SUPERINTENDENT OF POOR,

shall apply to the officers elected or appointed pur-
suant to this Act, and all laws and parts of laws
inconsistent with the provisions of this Act, are
hereby repealed.

Sec. 6. None of the provisions of this Act shall
apply to the city and county of New York.

Bonds by Superintendents. Act of 1848, p. 455.

Sec. 1. Every person hereafter 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 sureties to be approved by the Board of
Supervisors, and in such sum as they shall direct, con-
ditioned 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 Superin-
tendent of the Poor, and render a just and true ac-
count thereof to the Board of Supervisors.

Superintendents of the Poor have until the first
day of January next, after their election, to take the
oath of office and file their official bonds.

The Supervisors of the several counties are to fix
the penalty of such bonds, and the sureties may be
approved by the County Clerk in the recess of the
Board of Supervisors. (See Act of 1850, p. 16.)

Such bond with the approbation of the Board of
Supervisors endorsed thereon by the Clerk, (when ap-
proved by such Board,) shall be filed in the office of
the County Clerk. (See Act of 1848, p. 455.)

Superintendents of the Poor hereafter elected shall
enter upon the duties of their office on the first day
of January next, after such election. (See Act of
1849, p. 150.)

Superintendent's Bond.

Know all men by these presents, that we, A. B., C.
D. and E. F., of the Town of Chili, in the County of
SUPERINTENDENT'S BOND.

Monroe, are held and firmly bound unto the Supervis-
ors of the County of Monroe, in the sum of

dollars, to be paid to the said Supervisors or to their
successors 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 with our seals and dated the thirteenth day
of November, in the year one thousand eight hundred
and forty-nine.

Whereas, the above named A. B. has been duly
elected one of the Superintendents of the Poor in and
for the County of Monroe: Now, therefore, the con-
dition of this obligation is such, that if the said A.
B. shall faithfully execute the duties of his said office,
and shall pay, according to law, all moneys which
shall come to his hands, as Superintendent of the
Poor, and render a just and true account thereof to
the Board of Supervisors, when thereunto required,
then this obligation to be void, otherwise to remain in
full force and virtue.

Sealed and delivered t

in presence of A. B,, [z. 8]
C. D., [x. 8.]
E. F., [1 8.]

The County Treasurer’s Bond.

The above form of the condition will answer for the
bond of the County Treasurer, by altering the name
of the office, and adding after the words “a just and
true account thereof to the Board of Supervisors,”
the words “ or to the Comptroller of this State.”

12

177
178

Bond.

Ib.

Duties of
Treasurer.

COUNTY TREASURERS.

County Treasurer to be elected. Act of 1848, p. 214.

Sec. 1. The County Treasurer in each of the sever-
al counties of this State, except the county of Kings,
shall be elected at a general election, and shall hold
his office for three years, and shall enter upon the du-
ties of his office on the first day of January next, af-
ter his election.

Sec. 2, Any vacancy happening in the office of
County Treasurer, shall be filled by appointment by
the Board of Supervisors, until the first day of Jan-
uary succeeding the next general election thereafter.

Duties of County Treasurer. 1 RB. S&., 369.

Sec. 1. Every person appointed (now elected) to the
office of County Treasurer, within ten days after his
appointment and before he enters upon the duties of
his oftice, shall give a bond to the Supervisors of the
county, with two or more sufficient sureties, to be ap-
proved of by the Board of Supervisors, and in such
sum as they shall direct, conditioned that such person
shall faithfully execute the duties of his office, and
shall pay, according to Jaw, all moneys which shall
come to his hands as Treasurer, and render a just
and true account thereof to the Board of Supervisors,
or to the Comptroller of this State, when thereunto
required.

Sec. 19. Such bond, with the approbation of the
Board of Supervisors endorsed thereon by their Clerk,
shall be filed in the office of the County Clerk.

Sec. 20. It shall be the duty of the County Treasu-
rer to receive all moneys belonging to the county,
from whatever source they may be derived; and all
moneys belonging to this State, which by law are di-
rected to be paid to him; and to pay and apply such
moneys in the manner required by law.

Sec. 21. The County Treasurer shall keep a just
and true account of the receipts and expenditures of
all moneys which shall come to his hands, by virtue
of his office, in a book or books to be kept for that
COUNTY TREASURERS. 179

purpose; which books shall be provided at the ex-
pense of the county.

Sec. 22. The County Treasurer shall, on or before Th ee
the first day of March, in each year, transmit to the
Comptroller of this State a statement of all moneys
received by him during the preceding year, for penal-
ties belonging to the people of this State; and it shall
be his duty at the same time to pay to the Treasurer
of this State, the amount of such penalties, after de-
ducting his compensation, in the same manner as
State taxes are directed to be paid.

Sec. 23. Atthe annual meeting of the Board of Su-n. 10 su
pervisors, or at sych other time as they shall direct, "°°
the County Treasurer shall exhibit to them, all his
books and accounts, and all vouchers relating to the
same, to be audited and allowed.

Sec. 24. Upon the death, resignation, or removal Books, &e,
from office of any County Treasurer, all the books and (372070
papers belonging to his office, and all moneys in his money paid
hands, by virtue of his office, shall be delivered to ?
his successor in office, upon the oath of the preceding
County Treasurer, or in case of his death, upon the

oath of his executors or administrators.

Sec. 25. If any such preceding County Treasurer, Penalty.
or in case of his death, of his executors or adminis-
trators, shall refuse or neglect to deliver such books,
papers, and moneys, upon oath, when lawfully de-
manded, every such person shall forfeit for the use of
oe county, the sum of twelve hundred and fifty dol-

ars.

Sec. 27. Whenever the condition of the County gona when
Treasurer’s bond shall be forfeited, to the knowledge tbe sued.
of the Board of Supervisors of the county, and when-
ever such Board shall be required so to do by the
Comptroller, they shall cause such bond to be put in
suit.

Sec. 28. All moneys recovered in any such action pisposition
shall be applied by the Board of Supervisors to the of moneys
use of the county, unless the same or some part there-
of, shall have been received by the County Treasurer,
for the use of the State, in which case such moneys or
180 PUBLIC MONEYS.

such part thereof, as shall have been go received, shall
be paid by the Supervisors to the Treasurer of the
State.

Sec. 29. The Chamberlain of the city and county
of New York shall be considered the County Treas-
urer thereof; and all the provisions of this article
shall be construed to apply to him, except where
special provisions inconsistent therewith, are or shall
be made by law, in relation to the city and county of
New York.

Public Moneys. Act of 1843, p. 28.

Duty of Sec. 1. The Comptroller is hereby authorized to

Comptroller. make such regulations, and give such directions from
time to time respecting the transmission to the treas-
ury of moneys belonging to the State, from the seve-
ral County Treasurers, and the Commissioners for
loaning certain moneys. of the United States, as he, in
his judgment, shall deem most conducive to the inter-
ests of the State.

Expenses to Sec. 2. The Comptroller may, in his discretion, au-

te paid dit, allow and cause to be paid, such, or so much of
the expenses necessarily incurred under and in con-
sequence of the aforesaid regulations and directions,
as he shall deem equitable and just.

Sec. 3. This act shall take effect immediately.

Laws tobe Published. Act of 1845, p. 805.

pene x Sec. 1. All laws of a general nature which shall

tarehow hereafter be passed by the Legislature of this State,

published. shall be published in at least two newspapers in each
county of this State, where there is or may be here-
after two newspapers published, and one newspaper
in each county where but one newspaper’ is publish-
ed, or may be published.

Local Laws. Sec, 2. All laws of a local nature, which shall here-
after be passed by the Legislature of this State, shall
be published in like manner in each of the counties
interested in the same.
LAWS TO BE PUBLISHED. 181

Sec. 3. It shall be the duty of each Board of Super- Supervisors
visors in the several counties of this State, at their printers.
annual meeting, to appoint the printers for publish-
ing the laws in their respective counties. The appoint-
ment shall be made in the following manner: Each
member of’ the Board of Supervisors shall designate
by ballot one newspaper printed in the county, to
publish the laws, and the paper having the highest
number of votes, and the paper having the next high-
est number of votes, shall be the papers designated
for printing the laws. If there shall be but one pa-
per printed in a county, then in that case, the laws
shall be published in that paper.

Sec. 4. It shall be the duty of the Secretary of puty of see-
State to transmit in the order in which they shall be rta7 of
passed, to each Treasurer of the several counties of County
this State, copies of all laws of a general nature, and “"""""
such as relate to the local affairs thereof, for publica-
tion in the manner provided for in this act. It shall
be the duty of each Treasurer to cause the same to
ie published in the papers designated for publishing
them.

Sec. 5. It shall be the duty of each Board of Super- Money to ve
visors in the several counties of this State, in making Sapa
out the assessment roll, to assess and levy on the tax-
able property of the county, whose representative
they are, such sums as shall be sufficient to defray the
expenses of publishing the laws in the newspapers
designated.

Sec. 6. Each of the publishers of such paper 80 printers’
designated as aforesaid, shall be entitled to receive 7°
for such publication of all the laws above specified, a
sum not to exceed ten cents per each folio; and pro-
vided also that no more than fifty dollars shall be
paid for the publishing all of said laws in any one
paper.

Sec. 7. This act shall take effect immediately.

By the act of 1858, chap. 331, printers are allowed
twenty cents per folio for publishing the session laws.
Frees of County Treasurer. Act of 1846, p. 214. pay of coun-

ty Treasurers

Sec. 1. The several County Treasurers of this State to be fixed.
182

FEES OF COUNTY TREASURER.

shall hereafter receive for their services, instead of the
fees now allowed by law, such compensation as shall
be fixed by the respective Boards of Supervisors, not
exceeding the 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.

Sec. 2. This act shall not extend to, or in any way
apply to, the city and county of New York, nor to
the county of Kings.

Sec. 8. All laws inconsistent with the provisions of
this act are hereby repealed.

Sec. 4. This act shall take effect immediately.

Frees of Monroe County Treasurer.

The act of 1849, p. 219, provides that the Treasu-
rer of the county of Monroe shall hereafter receive
for his annual services, instead of the fees now al-
lowed by law, such compensation as shall be fixed by
the Board of Supervisors of the said county.

Special provisions as to compensation are made as
to some other counties.

fees of Certain Judicial aud Other Officers. 1849,
p. 135.

Sec. 1. The ninth section of the act passed May 12,
1847, entitled “ An Act to Provide for the Payment
of Certain Expenses of Government, and to fix the
Salaries of Certain Judicial and other Officers and
for other purposes,” is hereby amended s0 as to read
as follows :

Sec. 9. Such county officers shall, in no case, per-
form any official services unless upon pre-payment of
the fees and perquisites imposed by law upon any
person for services rendered by such officer in his of
ficial capacity, and upon such payment, it shall be the
duty of any officer to perform the services required.
They shall also pay over all sums so received by them
SURROGATE AND TREASURER—MONROE COUNTY.

for such fees and perquisites, after deducting their
salaries, to the Treasurers of the respective counties,
on the first Monday of May and November of each
year. Also, to render an account giving each item
of fees received, verified by their aftidavit to the
Board of Supervisors at their annual meeting of each
year.

Sec. 2. The tenth jsection of said act is hereby re-
pealed.

Surrogate and County Treasurer's Office — Monroe
County. Act of 1849, p. 277.

Sec. 1. The Board of Supervisors of Monroe Coun-
ty are hereby authorized to raise by tax on said coun-
ty, in the same manner as other county charges are
levied and collected, a sum not exceeding three thou-
sand dollars over and above the Treasurer’s fees there-
in, to be expended in purchasing or erecting a build-
ing for offices for the Surrogate and Treasurer of said
county.

Sec. 2. Whenever such building shall have been
urchased or erected, the Surrogate and County
reasurer of the said county shall remove thereto, the

-books, records, and other papers appertaining to their
respective offices, and thereafter use and occupy such
building for the discharge of their official duties.

Sec. 3. This act shall take effect immediately.

Treasurer's Fees as to the Funds in the Possession of

the Clerk of the Court of Appeals. Act of 1849,
page 517.

Sec. 1. The several County Treasurers in this State
shall be entitled to receive for the services rendered
by them in regard to the securities and moneys re-
ceived and held by them, respectively, under the pro-
visions of the act, entitled “ An Act in respect to the
Funds and Securities in Possession of the Clerk of
the Court of Appeals, passed April 12, 1848,” in lieu
of the compensation provided by said act, a commis-
sion of one-half of one per cent. on every dollar

188
184 CORONERS.

which they shall receive, and one-half of one per
cent. on every dollar which they shall pay out of the
moneys so received and held by them by virtue of
said act.

Sec. 2. This act shall take effect immediately.

Coroners. Act of 1842, p. 192.

Citenete: 6 Sec. 1. The Coroners of the several counties in this

moneys, &e, State are hereby required to deliver over to the Treas-

to Coun'y.. urer of their respective counties, all moneys and other
valuable things which have been or may hereafter be
found with or upon the bodies of persons on whom in-
quests have been or may hereafter be held, and which
shall not have been claimed by the legal representa-
tives of such person or persons, within sixty days af
ter this act becomes a law. In cases of inquests here-
tofore held, and in cases which may hereafter arise
within sixty days after the holding of any such in-
quest; and in default thereof, the said Treasurers
shall be authorized, and are required to institute the
necessary proceedings to compel such delivery.

fone Sec. 2, The several Treasurers to whom any such

Treasurers. Valuable things shall be delivered, pursuant to the:
provisions of this act, shall, as soon thereafter as may
be, convert the same into money, and place the same
tothe credit of the county of which he is Treasurer;
and if demanded within six years thereafter, by the
legal representatives of the person on whom the same
is found, the said Treasurer, after deducting the ex-
penses incurred by the Coroner, and all other expen-
ses of the county in relation to the same matter, shall
pay the balance thereof to such legal representatives.

peventory to Sec. 8. Before auditing and allowing the accounts
te of such Coroners, the Supervisors of the county shall
a require from them respectively a statement in writing,
containing an inventory of all money and other valu-

able things found with or upon all persons on whom
inquests shall have been held, and the manner in

which the same had been disposed of, verified by the

oath or affirmation of the Coroner making the same,
COUNTY AND TOWN SEALERS OF WEIGHTS AND MEASURES. 185

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 of such person
or persons.

Sec. 4. The said Coroners shall be entitled to re-
ceive a reasonable compensation for making and ren-
dering such statement, and for their trouble and ser-
vices in the preservation and delivery of said effects.
and property as hereinbefore provided, and all rea-
sonable expenses incurred by them in relation thereto,
to be audited by the Board of Supervisors, in addi-
tion to the fees or compensation to be allowed by
them for holding an inquest.

Sec. 5. This act shall take effect immediately.

County and Town Sealers of Weights and Measures.

The 20th section of an act, passed April 11, 1851, County Seal-
provides that the Board of Supervisors of each coun- —
ty shall, at their annual meeting, appoint a County
Sealer of Weights and Measures, who shall hold his
office during the pleasure of this Board. .

By the 22d section of said act, it is provided that qoyn septer
a Town Sealer of Weights:and Measures shall be ap-
pointed by the Supervisor and Justices of the Peace
of the town, and shall hold his office during their
pleasure.

The 24th section of said act provides that the Su-
pervisors of each county shall, at their first annual
meeting after the passage of this act, provide for pro-
curing the proper standards of weights and measures
for their respective counties, and for each of the towns
therein; and all expenses directly incurred in fur-
nishing the several cities, counties and towns with
standards, or in comparing and adjusting those al-
ready in their possession, shall be borne by the respect-
186

COMMISSIONERS OF LOANS.

ive cities, counties and towns for which such ex-
penses shall have been incurred. (See Act of 1851,
page 251.)

Commissioners of Loans. Act of 1887, p. 121.

Sec. 47 Of this act, provides that whenever the
Supervisors of any county in this State shall appre-
hend that any of said Commissioners, or their, or either
of their sureties, are likely to fail, it shall be their
duty to require such Commissioner to give such
additional security as they may deem reasonable and
satisfactory.

Sec. 50. Provides that it shall be the duty of the
said Commissioners to exhibit to the Board of Super-
visors of their respective counties at each annual
meeting of the Board, all the mortgages and other
securities taken by them or their predecessors in
office, for moneys loaned under, and in pursuance of
this act,: together with their books of accounts,
minutes and vouchers, in order that the Board of
Supervisors may ascertain whether the moneys com-
mitted to the charge of such Commissioners have
been loaned, and continued to be kept as loans,
according to law.

Sec. 51. It shall be the duty of the Board of Super-
visors, at each annual meeting of the Board, to care-
fully examine all such mortgages and securities,
accounts and minutes so to be annually exhibited to
them, in reference to the state in which they shall
find the said moneys, and to their safety and the suf-
ficiency of the securities taken for the payment
thereof, and to give to the said Commissioners such
directions as to taking additional security from the
borrowers as said Board of Supervisors shall deem
proper and necessary : and the said Board shall forth-
with certify under their hands, the state in which
they shall find the said moneys, and the result of such
examination, and what directions they have given to
the said Commissioners as to taking such additional
security, and to transmit. such certificate by mail to
the Comptroller.
TOWN CHARGES.

187

Sec. 58. Provides that if any of said Commission- Penalty.

ers shall neglect or refuse, for the space of ten days
after the receipt of notice, to give such additional
security as shall at any time be required by the Super-
visors of the county for which such Commissioner
was appointed, or by the Comptroller, such Supervi-
sors or the Comptroller, as the case may be, shall
report the fact, together with their reasons for requir-
ing such additional security, to the Governor, in
order to his removal.

Sec. 62. Provides that it shall be the duty of, the comptrouter

Comptroller to prepare the necessary forms for carry- te
ing this act into effect, and to give such instructions °™*
to the Commissioners appointed under it, and to the,

Boards of Supervisors, as may be necessary to ensure
a faithful discharge of the duties of the Commission-
ers, and a full compliance with all the requirements
of this act.

Act passed 1840, p. 239. Deposit Fund and Common
School Lund.

Sec. 4. Provides that the Supervisors of the several
counties in which such loans may be made, shall
possess the same powers and perform the same duties,
in relation to loans under this act, as they are
empowered and required to do in relation to loans
made from the United States deposit fund.

Town Charges. 1 &. &., 358.

prepare
cessary

Sec. 2. The following shall be deemed town char- town char-

ges:

1. The compensation of town officers for services
rendered for their respective towns ;

2. The contingent expenses necessarily incurred
for the use and benefit of the town ;

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.
188 TOWN CHARGES.

Moneys how Sec, 4. Provides that moneys necessary to defray

raised. the town charges of each town, shall be levied on the
taxable’ property in such town, in the manner pre-
scribed in the twelfth and thirteenth chapters of this
act.

Certaintown Sec. 5. Whenever the term of office of any Super-

ee visor or Town Clerk shall expire, and another person

&e, of thei shall be elected or appointed to such office, it shall be
the duty of such Supervisor or Town Clerk, immedi-
ately after he shall have entered upon the dutics of
his office, to demand of his predecessor all the rec-
ords, books and papers under his control, belonging
to such office; and whenever the term of office of
the Commissioners of highways, Town Superinten-
dent of common schools, or of the Overseers of the
poor of any town, shall. expire, and another.or others
shall be elected or appointed, to make such demand
of their predecessors or predecesgor.

Sec. 6. Whenever either of the officers above
named, shall resign, and another person shall be
elected or appointed in his stead, the person so
elected or appointed shall make such demand of the
person so resigning.

Persons go- Sec. °7. It shall be the duty of every person so

ing out of of- . ‘ ‘5
fice to deliv- eoing out of office, whenever thereto required pursu-

er over rec- . ’ eos e .

ords, &. ant to the foregoing provisions, to deliver upon oath,
all the records, books and papers in his possession, or
under his control, belonging to the office held by him;
which oath may be administered by the officer to
whom stich delivery shall be made. Tt shall also be
the duty of every Supervisor, Commissioner of high-
ways, or of common schools (now Town Superinten-
dent,) and of every Overseer of the poor, so going
out of office, at the same time to pay over to such
successor, the balance of moneys remaining in his
hands, as ascertained by the. Auditors of town
accounts,

Incase of Sec. 8. Upon the death of any of the officers

vente fe be Above enumerated, the successors or successor of such

made of ex: officer shall make such demand as above provided, of
the executors or administrators of such deceased
COUNTY CHARGES.

officer ; and it shall be the duty of such 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.

Sec. 9. lf any person so going out of office, or his
executors or administrators, shall refuse or neglect,
when thereunto lawfully required, to deliver such
records, books or papers, he shall forfeit to the town
for every such refusal or neglect, the sum of two hun-

~ dred and fitty dollars ; and it shall also be the duty
of the officer or officers entitled to demand such
records, books and papers, fo proceed to compel the
delivery thereof, in the manner prescribed in the
sixth title of the fifth chapter of this act, and to that
end the fiftieth, fifty-first, fifty-second, fifty-third, fifty-
fourth, and fifty-fifth sections of that title, shall be
deemed to apply to the officers above enumerated,
and their executors or administrators.

County Charges. 1 B.S, 385.

Sec. 1. All town and county officers, and all other
persons who may present to the Board of Supervi-
sors, accounts for their services, to be audited and
allowed, shall, before any such account or claim shall
be passed upon or allowed, exhibit a just and true
statement in writing, of the nature of the service
performed by them.

Sec. 2. In all cases in which a specific compensa-
tion for any service is not: provided by law, the officer
or person presenting an account therefor, shall also
exhibit in writing a just and true statement of the
time actually and necessarily devoted to the perform-
ance of such services.

Sec. 8. The following shall be deemed county
charges :

1. The compensation of the members of the Board
of Supervisors, of their Clerk and of the County
Treasurer ;

2. The fees of the District Attorney, and all.expen-

189

Penalty for

refusing to
deliver ‘rec-
ords, &c.

Account for
service.5

County char-
ges"enumer-
ated. ,
190

COUNTY CHARGES.

ses necessarily incurred by him in criminal cases ari-
sing within the county ;

3. The accounts of the criers of the several courts
within the county, for their attendance in criminal
cases 3

4, The compensation of Sheriffs for the commit-
ment and discharge of prisoners on criminal process,
within their respective counties ;

5. The compensation allowed by law to constables
for attending courts of record, and reasonable com-
pensation to constables and other officers, for execu-
ting process on persons charged with criminal offen-
ces, for services and expenses in conveying criminals
to jail; for the service of subpoenas issued by any
District Attorney ; and for other services in relation
to criminal proceedings, for which no specific com-
pensation is prescribed by law ;

6. The expense necessarily incurred in the support
of persons charged with, or convicted of, crimes, and
committed therefor to the several jails of the county;

7. The sums required by law to be paid to prose-
cutors and witnesses in criminal cases ;

8. The accounts of the Coroners of the county, for
such services as are not chargeable to the persons
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 ser-
vices is provided by law ;

10. The accounts of the County Clerks for services
and expenses, incurred under the sixth chapter of
this act 5

11. All charges and accounts for services rendered
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 such county,
in the support of county poor-houses, and of indigent
persons, whose support is chargeable to the county ;

13. The sums required to pay the bounties allowed
by law for the destruction of wolves and other
noxious animals, and chargeable to the county ;
COUNTY OHARGES. 191

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

15. The contingent expenses necessarily incurred
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.

Sec. 4. Accounts for county charges of every Accounts
description shall be presented to the Board of Super- ,
visors of the county, to be audited by them.

Sec. 5. The moneys necessary to defray the county moneys to
charges of each county, shall be levied on the taxable Piy ‘he same
property in the several towns of such county, in the
manner prescribed in the thirteenth chapter of this
act. And in order to enable their respective County
Treasurers to pay such contingent expenses as may
become payable from time to time, the Boards of
Supervisors of the several counties shall annually
cause such sum to be raised in advance, in their
respective counties, as they shall deem necessary for

that purpose.

Legal Proceedings for and against a County.
1 #8, p. 364. ©

Sec. 3. All acts and proceedings by or against a Inwhst
county in its corporate capacity, shall be in the name™™° a
of the Board of Supervisors of such county; but
every conveyance of lands, within the limits of such
county, made in any manner, for the use or benefit
of its inhabitants, shall have the same effect, as if
made to the Board of Supervisors.

4, The powers of a county, as a body politic, can
only be exercised by the Board of Supervisors thereof,
or in pursuance of a resolution by them adopted.

Suits against Towns. 1 R. S., 356.

Sec. 8. In all legal proceedings against towns by Process tobe

name, the first process, and all other proceedings Supervisors.
requiring to be served, shall be served on the Super-
192 DISTRICT ATTORNEY’S FEES.

visor of the town, and whenever any such suit or ;
proceeding shall be commenced, it shall be the duty
of the Supervisor to attend to the defence thereof,
and to lay before the electors of the town, at the first
town meeting, a full statement of such suit or pro-
ceeding, for their direction in regard to the defence
thereot.

Suits in favor of, or against Counties. 1 &. &., 384.

Lata Sec. 2. In all suits and proceedings, the county
" ghall sue or be sued in the name of the Board of
Supervisors thereof; except where county officers
shall be authorized by law to sue in their name of

office, for the benefit of the county.
la Sec. 3. In all legal proceedings against the Board
"=" of Supervisors, the first process, and all other pro-
ceedings requiring to be served, shall be served on
the Uhairman or Clerk of the Board of Supervisors ;
and whenever any such suit or proceeding shall be
commenced, it shall be the duty of such Chairman or
Clerk, to lay before the Board of Supervisors, at their
next meeting, a full statement of such suit or proceed-
ing, for their direction in regard to the defence thereof.

District Attorney's Fees. Act of 1839, p. 340.

Sec. 1. No other or greater fees shall be allowed to
any District Attorney in any county of this State,
(the city'and county of New York, and the counties
of Erie, Genesee, Rensselaer, Washington and Onon-
daga, excepted,) for any service rendered by him in
the discharge of the duties of his office as chargeable
-against the said county, than such as are hereinafter
-provided :

[By laws passed since the above, the following
‘counties are also excepted: Albany, Columbia,
Broome and Sullivan, [see acts of 1848 and 1849,]
-also, the county of Westchester, [see act of 1847,
‘volume 2d, p. 457,] also, Kings, Schoharie, Orange
DISTRICT ATTORNEYS’ FEES. 193

and Allegany counties, [see act of 1846,] also,
Greene, Oneida, Niagara and Ulster counties, [act of
1845,] also, Wyoming and Cayuga counties, by the
act of 1848, also, Delaware, Chenango and Yates,
by the act of 1844, also, the counties of Tompkins,
Oswego, Monroe and Dutchess, by act of 1840.]

For drawing every indictment actually agreed to Fees of Dis-
by a Grand, Jury, including such as may be prepared 5 AY
by their direction, though not finally agreed to by
them, twenty-two cents for each folio, and fifteen cents
per folio for engrossing the same ; but no more than
two counts in any indictment for the same offence
shall be allowed and taxed, unless the presiding
Judge of the court, at which the indictment was
found, or the first Judge of the county, shall certity
that the additional counts were in his opinion neces-
sary ; and the like fees for drawing and engrossing
every affidavit and other proceeding prepared by
such District Attorney in the prosecution of any cause,
and tor which no fee is specially allowed ; but it
shall not be deemed necessary, nor shall any allow-
ance be made for the dratt or copy of any affidavit of
service of subpcena, unless it be upon the actual
default of a witness fo attend court, and where it is
necessary to attach such witness to procure his attend-
ance

For every bench warrant or other process actually Bench War-
and necessarily issued to bring a party into court, ,
twenty-five cents; but no allowance shall be made
for more than one warrant on any indictment, where
the defendants reside in the same county ; nor for a
second warrant on the same indictment, unless a
previous warrant shall have been duly returned not
served, after a reasonable time shall have been allowed
for the service thereof.

For every subpeena actually and necessarily issued sutpona
returnable before a Grand Jury or Court, twenty-five **
cents, including subpeena ticket; but no other allow-
ance shall be made for any draft or copy of subpcena,
or any draft or copy of subpeena ticket for any wit-

13.
194

Fee on argu-
ment of spe-

cial motion.

Trial fee, &c.

Drawing rec-

ord, &c.

Bills to be
taxed.

~

DISTRICT ATTORNEYS’ FEES.

ness; and no more than one subpcena and subpena
ticket for each witness subpcenaed, either before the
Grand Jury or Court; and no allowance shall be made
for any subpeena and subpcena ticket issued for the
same witness more than once in the same cause, ex-
cept when it shall become necessary to subpcena the
same witness before the Court, after having been sub-
poenaed before the Grand Jury ;

For arguing every special motion actually made af-
ter notice given by the District Attorney, or after no-
tice given in behalf of the defendant, one dollar and
twenty-five cents; but no fees shall be allowed for ar-
raigning a prisoner, recognizing a witness, or a party,
or moving on a cause for trial, or putting over a trial,
or opposing a motion to put over a trial, or for mak-
ing or opposing any other ordinary motion ;

For every trial fee, four dollars; but such fee shall
not be allowed unless the trial actually takes place ;
and the like fee for arguing every motion for a new
trial or demurrer, or motion in arrest of judgment, or
bill of exceptions, or writ of error ;

For making up a record when required by order of
a Judge of the Court in which the defendant is ar-
raigned or convicted, twenty-two cents for drawing
every folio, and fifteen cents per folio fer engrossing;
and the like compensation shall be paid to the Dis-
trict Attorney by the defendant for making up such
record, when made at the request of the defendant ;
and the like fees for drawing and engrossing a bill
of costs ;

For such actual disbursements necessarily incurred,
which shall be proved by the oath of the District At-
torney, and shall be deemed reasonable by the taxing
officer.

Sec. 2. The bills of costs of the several District At-
torneys included within the provisions of this act,
shall be taxed in the presence of the Board of Super-
visors of the county by which the said bills are to be
paid, or a majority of them, on such day or daysas
they shall assign at the annual meeting of the said
Board, by a regular taxing officer, to be designated
by said Board ; and it shall be the duty of'such tax-
DISTRICT ATTORNEYS’ FEES. 195
ing officer, at the request of any member of the said
Board, to examine the District Attorney on oath as to
the following facts, to wit: Whether all the services
charged in the bill rendered, have been actually per-
formed ; whether the subpcenas, subpeena tickets, and
bench warrants charged in the said bill, were neces-
sary, and have been made and issued; whether the
several folios charged in the bill for drawing or en-
grossing any indictment, plea, affidavit, record or
other proceeding, were necessary and are correct ;
whether more than two counts in any indictment for
the same offence are charged in his bill; whether he
has charged more than twenty-five cents for any one
witness in any one cause, except where it has been
necessary to subpoena the same witness before the
Court after such witness has been subpcenaed before
the Grand Jury: And the taxing officer may also
examine him as to such other facts as he may deem
proper, or any other witness that may be produced on
the part of the District Attorney. And any member
of such Board shall have the right to resist the taxa-
tion of the said bill, and call upon such witnesses as
he may think proper to produce, to disprove said bill
or any part of the same; and the taxing officer shall’
have full power and authority to reduce the said bill
or any part thereof, and to tax it at such sum as he
may deem legal and just ; and he shall not include
in such taxed bill any charge not shown to him either
by the testimony of the said District Attorney, or
otherwise, to have been actually performed and ne-
cessary.

Sec. 8. The examination of the District Attorney District at-
shall be taken down in writing and subscribed by examined,
him; and the examination of such witnesses as shall
be examined on the taxation of the said bill, shall also
‘be taken down in writing in like manner, and sub-
scribed by them respectively, and the testimony thus
taken shall be attached to the said bill of costs, and

filed with it in the Clerk’s office of the said county.
Sec. 4. The District Attorney shall, on or before Toserre |
the first day of the annual meeting of the Board of ometerk.

Supervisors, cause to be served on the Clerk of the
196 DISTRICT ATTORNEY.

said Board of Supervisors, a copy of the bill of costs
to be taxed; and the said Board of Supervisors shall,
on or before the second day of their annual meeting,
appoint a time and place for the taxation of said bill,
designating the officer before whom the same is to be
taxed, and immediately notify the District Attorney
thereof.

Sec. 5. Either party may appeal from the taxation
of the said bill within twenty days after the taxing
thereof, to the Supreme Court, for a re-taxation, by
serving a notice of such appeal upon the opposite
party ; and if the appeal is brought by the District
Attorney, the notice may be served on the Clerk or
Chairman of the said Board; but no appeal shall be
brought on the part of the said Board, unless it is au-
thorized by the majority of the members thereof.

Sec. 6. The taxing officer shall receive such com-
pensation for his services in taxing the said bills, as
the Board of Supervisors shall consider reasonable
and just, instead of the fees now allowed by law.

gory, to be Sec. 7. It shall be the duty of the District Attor-
of Secretary neys of the several counties of this State, (the city
* and county of New York excepted,) after the annual
meeting of the Board of Supervisors, and by the first

day of January in each year, to cause to be filed in

the office of the Secretary of State, a true copy of

their bills of costs respectively, as taxed or allowed

by said Boards of Supervisors, for which no fee or

charge shall be allowed any such District Attorneys.

Sec. 8. The Act entitled “ An Act to Regulate the
Taxation of the Accounts of District Attorneys, pass-
ed May 11, 1835,” and the Act amending the same,
passed March 30, 1837, and so much of title eight,
chapter second, article third and part fourth of the
Revised Statutes, as relates to the fees of District At-
torneys, and as is inconsistent with the provisions of
this act, are hereby repealed.

Sec. 9. This act shall not extend to such counties as
have no taxing officers residing therein, or where the
District Attorney is the only taxing officer.
’
DISTRICT ATTORNEY.

In auditing the accounts of the District Attorneys,
the following points ought to claim the attention of
the Board :

1. In Counties where the Board have not fixed the
salary, the fees of the District Attorney will be taxed,
in pursuance of the above act.

2. In Counties where the law allows the Board to
fix the salary for criminal business, the Board must
raise such salary, and the further accounts of the Dis-
trict Attorney, in suits upon recognizances, or for tax-
able disbursements, &c., which heis entitled to in ad-
dition to the salary, must be taxed and audited ac-
cording to the above act.

3. In Counties (as in Albany and Columbia,) where
the law requires the salary to be fixed by the Board
of Supervisors for all services, both civil and crimi-
nal, of every kind, the amount of the salary thus
fixed by the Board, must be raised, which is all the
District.Attorney can claim for any services what-
ever, except for taxable disbursements, that is, for
postage, &e., paid by him ; but the resolution fixing
his salary under the latter head, should be full and
explicit ; the following is suggested as a proper form:

On motion of Mr.
Resolved, That the salary of the District Attorney
of this countyf or the ensuing year, for all his servi-
ces, both in civil and criminal proceedings of every
name and nature, be fixed at the sum. of
dollars.

It would be advisable to obtain the acceptance of
the District Attorney of the salary, and terms em-
braced in the resolution, by endorsing the same ona
copy thereof.

‘By an act passed April 14, 1852, the Supervisors

 

197
198

CONSTABLES’ FEEs.

are to fix the salary of the District Attorney of each
county of the State, not now already fixed, and such
salary is not to be increased or diminished during the
term for which the District Attorney has been, or may
be, elected. This salary is to be in lien of all fees.
(See Act of 1852, p. 447.)

Constable's Fees, &c. Act of 1836, p. 775.

Sec. 1. Whenever a subpcena for witnesses in crim-
inal cases or complaints, containing one or more
names, shall be served by a constable or other officer,
stich officer shall be allowed for mileage only for the
distance, going and returning, actually traveled to
make such service upon all the witnesses in such case
of complaint, and not separate mileage for each wit-
ness, unless the Board of Supervisors auditing ac-
counts for such services, shall deem it equitable to
make a further allowance.

Sec. 2. Such parts of section four, title eight, chap-
ter two, of the fourth part of the Revised Statutes, as
are inconsistent with the first section of this act, shall
be, and the same are hereby repealed.

Sec. 8. The chairman of any committee appointed
by a Board of Supervisors, is hereby authorized to
administer an oath to any person presenting an ac-
count or claim before the committee to be audited, as
to services rendered and the correctness of such claim.

Sec. 4. Whenever it shall become necessary to send
subpcenas into a foreign county for witnesses on cri-
minal process, the District Attorney is hereby em-
powered to send them to the Sheriff of the county in
which the said witnesses reside, whose duty it shall
be to serve the same and make his return without de-
lay, to such District Attorney.

Sec. 5. This act shall take effect immediately on its
passage.
CONSTABLES’ FEES.

An Act to Preserve Order. 1845, p. 53.

By this act, the Governor is authorized to direct the
Sheriff to organize a guard for the protection of any
jail or prison in said county.

Sec. 10. Provides that the Comptroller may require
such vouchers and proofs in relation to all and each
of any such expenses as he shall deem proper.

Sec. 11. All moneys paid from the treasury on the
warrant of the Comptroller, by virtue of any of the
foregoing provisions of this act, shall be charged by
the Comptroller to the county for whose benefit the
same has been so paid, and he shall certify the amount
thereof to the Treasurer of said county.

Sec. 12. It shall be the duty of such county Treas-
urer to lay the same before the Supervisors of said
county, at their next annual meeting.

Sec. 18. The said Supervisors shall, at their next
annual meeting, cause the amount thereof to be levied
and collected as other county charges are now by law
directed to be levied : Provided, however, if the said
Board of Supervisors shall think it would be unrea-
sonably burthensome to such county to raise the
whole thereof, in one year, the said sum so to be rais-
ed, may be divided into two or three equal parts, one
whereof shall be levied and collected in each succeed-
ing year, until the whole sum shall be levied and col-
lected.

Sec. 14. The sum or sums levied by virtue of the
last preceding section, shall be paid over to the Coun-
ty Treasurer, who shall, on or before the first day of
May thereafter, pay over the same to the Treasurer
of the State, to the credit of such county.

Sec. 15. Whenever the Sheriff of any county shall
deem it necessary to raise a temporary guard for the
protection of a jail or prison, or the safekeeping of
prisoners, he may, with the assent of one of the
Judges of the County Courts, employ such temporary
guard as may be necessary, until a guard can, with
reasonable diligence, be formed and organized under

199
200

LOCAL OFFICERS.

the second section of this act ; the expenses of which
said temporary guard shall be audited, allowed, and
paid by the Board of Supervisors of said county, as
other county charges.

Sec. 16. The expenses of the Sheriff or other
county officer, incurred in pursuance of any of the
provisions of this Act, shall be audited, allowed, and
paid by the Board of Supervisors of the county, and
shall be a portion of the county charges of such
county, to be levied and raised as other county char-
ges are by law levied and paid.

Local Officers. 1849, p. 437.

Section first of above act provides that there shall
be elected in the counties of Jefferson, Oneida, Oswego,
St. Lawrence, Orange, Chautauque, Cayuga and
Tioga, at the next general election, a local officer, or
two local officers, to discharge the duties of County
Judge and Surrogate, in case of any vacancy in said
offices. Section second, provides that they shall
possess the same powers and perform thesame duties
as the County Judge and Surrogate are now author-
ized by law to have and to do.

Sec. 3. Such local officers shall receive for the ser-
vices to be rendered by them, under the provisions
of this act, such compensation as shall be allowed to
them respectively, by the Boards of Supervisors in
the said respective counties; all fees received by them
for discharging any of the duties under this act, shall be
paid to the County Treasurer of their respective coun-
ties, to be applied toward the payment of county
charges.

Town and County Expenses. Act of 1845, p. 186.

Sec. 14 of said act, provides that no compensa-
tion shall be allowed any juror, for examining and
certifying in regard to the necessity and propriety of
TOWN AND COUNTY EXPENSES.

any highway being laid out, altered, or discontinued,
nor for appearing to make such examination.

201

Sec. 15. Courts of special sessions of the peace Courts of

shall be held by a single magistrate, now authorized
to sit as a member of a court of special sessions, and
all offences now triable before such courts, may be
tried before such single magistrate, with or without a
jury, at the election of the prisoner, and all provisions
of law now applicable to the powers, duties, and pro-
ceedings of such courts, shall apply to such magis-
_ trate and the proceedings before him.

Sec. 16. Whenever a magistrate or a jury before
whom a criminal cause shall be tried, under the pro-
visions of this act, shall be satisfied from the evidence
and proceedings had before them, that the person or
persons charged and tried, were complained of and
proceeded against without probable cause, and with
malicious intent to injure or harrass, they may render
a verdict for costs against the complainant ; where-
upon the magistrate shall enter judgment for the
amount of such costs, upon which an execution may
issue against the property or person of such complain-
ant, in the same manner as upon a judgment for a tort
by a Justice of the Peace.

Sec. 17. It shall not be necessary for any magis-
trate to take the examination of any person brought
before him, charged with an offence triable before

special ses-
sions.

Judgment
for costs
against com-
plainant in
certain casos.

Persons
charged with
offences
electing to be
tried not to

such magistrate in any case, where such person shal] be exsminea.

elect to be tried before him ; and the Board of Super-
visors shall not audit or allow to any magistrate any
fees or charges, for the arrest, examination, commit-
ment, or taking bail, of any person charged with an
offence, unless such magistrate shall have fully com-
plied with all the requirements of section twenty-six,
title two, chapter two, part four, of the Revised
Statutes.

Section 26, above referred to. 2 RS. 709.

Sec. 26, All examinations and recognizances taken
pursuant to the provisions of this title, shall be cer-
Subpeenas

when issued

TOWN AND COUNTY EXPENSES.

tified by the magistrate taking the same, to the court
at which the witnesses are bound to appear, on the
first day of the sitting thereof,

On an account being presented to the committee
for auditing by a magistrate, the chairman of such
committee might examine such magistrate under
oath as to the fact of his having complied with the
said 26th section.

Sec. 18. Whenever any magistrate shall issue any

howtobe Subpcena in any criminal proceeding or trial, he shall

endorsed.

Trial being
postponed
witness is

endorse upon the back thereof a memorandum
showing whether the same was issued for the people
or the prisoner; and every officer or other person
who shall insert the names of witnesses in a subpcena
issued for the people, intended for the prisoner, with
intent thereby to deceive any person, or to obtain any
pay as for services in subpcenaing witnesses for the
people, shall be deemed guilty of a misdemeanor ;
and no such magistrate shall charge or be allowed for
more than six subpcenas in any one criminal case,
nor shall any Board of Supervisors allow any charge
for issuing or serving any subpeena in any criminal
case or proceeding issued or served on behalf of a
defendant.

Sec. 19. Whenever the trial of an indictment shall
,, be postponed by the court in which the same shall be

be recognize pending, it’shall be the duty of the District Attorney

to cause all the witnesses on the part of the people in
attendance, deemed by him material, to be recognized
to appear at the time and place to which such trial
shall have been postponed.

Wituess may Sec, 20. The court before which any witness on

be prosecut-

ed for de-
fault.

the part of the people in a criminal prosecution, shall
have been recognized to appear, by recognizance
taken before a magistrate or a court of record, having
criminal jurisdiction, may proceed against such wit-
ness for any default in appearing pursuant to the con-
dition of his recognizance, by process of attachment,
in the same manner and with like proceedings there-
TOWN AND COUNTY EXPENSES. 2038

‘

on, as if such witnesses had failed to appear in obedi-
ence to a subpcena: and the recognizance of such
witness filed. with the Clerk of the court, if taken
before a court of record, and the entry in the minutes
of the Clerk of the court, of the default of such wit-
ness, shall be sufficient evidence for issuing such pro-
cess of attachment. No District Attorney shall
receive any fee for issuing a subpcena for the appear-
ance of any witness who shall have been recognized
to appear, in the same prosecution, and at the same
court designated in such subpeena. The issuing of
an attachment against a witness pursuant to this sec-
tion, shall not be a bar to the prosecution of his
recognizance.

Sec. 22. Provides that the accounts of the mem- of Board of
bers of Boards of Suet shall be made out in *°”*"*°"
items, and verified as hereinafter provided.

Sec. 23. No town officer shall be allowed any per no law no
diem compensation for his services, unless expressly
provided by law.

The 24th section, as amended by act of 1847, 2d
volume, p. 729, is as follows :

Sec. 24. No account shall be audited by any Board Accounts -
of Town Auditors or Supervisors, or Superintendents when to be
of the Poor, for any services or disbursements, unless ******
such account shall be made out in items and accom-
panied with an affidavit attached to, and filed with
such account, made by the person presenting of
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, or either of said Superintendents, is hereby
authorized to administer any oath required under this
section.
,
204 TOWN AND COUNTY EXPENSES.

ee Sec. 25. Nothing in the preceding section shall be’

clause. s 3
construed to prevent any such Board from disallow-
ing any account in whole or in part, when so rendered
and verified, nor from requiring any other or further
evidence of the truth and propriety thereof, as such
Board may think proper.

The 26th section, as amended by the Act of 1847,
vol. 2d, p. 585, is as follows:

Feesofofi- Sec. 26. All fees and accounts of magistrates and

cers for 4 ee ° : :

criminal pro- Other officers for criminal proceedings, including

ceedings, by i s y

whom to be cases of vagrancy, shall be paid by the several towns

a or cities wherein the offence shall have been commit-
ted, and all accounts rendered for such proceedings
shall state where such offence was committed ; and
the Board of Supervisors shall assess such fees and
accounts upon the several towns or cities designated
by such accounts; but when any person shall be
bound over to the Oyer and Terminer, or Court of
Sessions, or committed to jail to await atrial in either
of said courts, the costs of the proceedings had before
the single magistrates, shall be chargeable upon the
towns or cities as aforesaid, and the costs of the pro-
ceedings had after the person shall have been so
bound over or committed, shall be chargeable to the
county ; but nothing herein contained shall apply to
cases of felonies, nor where the proceedings or trial
for the offence shall be had before any court of Oyer
and Terminer, or Court of Sessions of the county,
and the fines imposed and collected in any such cases,
shall be credited to said towns or cities respectively.
And whenever any criminal warrant or process shall
be issued by any magistrate residing out of the town
or city wherein the offence shall have been cammitted,
it shall authorize the officer executing the same, to
carry the person charged with an offence under this
‘act, before any magistrate, resident, and being in the
town or city wherein such offence shall have been
committed, to be proceeded against, according to the
provisions of the fifteenth section of this act, but the
magistrate issuing such warrant or process, shall not
TOWN AND COUNTY EXPENSES. 205

lose any jurisdiction over the trial and proceedings
against any such persons by reason of any thing
herein contained, nor shall such magistrate be allowed
any compensation for any further proceedings in any
such case, beyond issuing such warrant or process.

Sec. 27. No travel fee shall be allowed tor travel- travel tee.
ing to subpcena a witness beyond the limits of the
county in which the subpcena was issued, or of an
adjoining county, unless the Board auditing the
account shall be satisfied by proof that such witness
could not be subpcenaed without additional travel ;
nor shall any travel fees for subpcenaing witnesses be
allowed, except suchas the Board auditing the account
shall be satistied were indispensably neccssary.

Sec. 28. All accounts presented in any year to the Accounts to
Board of Supervisors of any county, shall be num-"™™>4
bered from one, upwards, in the order in which they
are presented, and a memorandum of the time of pre-
senting the same, of the names of the persons in whose
favor they shall be made out, and by whom they shall
be presented, shall be entered in the minutes of the
Board to which they shall be presented ; and no
such account atter being so presented, shall be with-
drawn trom the custody of the Board or its Clerk for
any purpose whatever, except to be used as evidence
upon a judicial trial or proceeding ; and in such case
it shall, after being so used, be forthwith returned to
such custody. .

Sec. 29. Whenever any town collector shall have puty of col
received any warrant for the collection of taxes, he ee
shall immediately thereafter cause notices of the re- tt
ception thereof to be posted up in five public places
in the ward or town, and so located as will be most
likely to give notice to the inhabitants thereof, and
shall designate in such notices a central and conve-
nient place iz such town, where he will attend from
nine o’clock, forenoon, till four o’clock, afternoon, at
least once in each week for thirty days, on a day also
to be specified in such notice for the purpose of
receiving payment of taxes ; and it shall be the duty
of such collector to attend accordingly, and any per-
son may pay his taxes to such collector at the time
206

Fees of col-
lectors.

In relation to

.

TOWN AND COUNTY EXPENSES.

and place so designated, or at any other time or place,
on paying one per cent. fees thereon, within thirty
days from the first posting of said notices ; and no

‘collector shall receive over one per cent. fees for

receiving or collecting any taxes within said thirty
days. But every such collector shall be entitled to
receive one cent fees on every amount of tax under
one dollar, paid in or collected within said thirty
days.

The above section is amended by 2d vol. of act of
1847, p. 716, as follows : ,

Sec. 1. The twenty-ninth section of the act entitled
“an act to réduce the number of town officers, and
town and county expenses, and to prevent abuses in
auditing town and county accounts, passed May 10,
1845,” is hereby amended so as to allow town collect-
ors two per cent. fees on all the voluntary payments
made to them within the thirty days, as now provid-

ed by law in all cases where the aggregate amount

to be collected by warrants, when put into their hands,
shall not exceed the sum of two thousand dollars.

Sec. 30. It shall be the duty of the collector, after

unpaid taxes the expiration of the said thirty days, to proceed and

Collectors’
fees.

collect the unpaid taxes in the same manner, and
shall pay over, or account to the County Treasurer,
and shall be entitled to charge, collect and receive
the same fees as now provided by law; which said
fees shall be collected with such unpaid taxes from

the several and respective persons named in said tax
list.

Section sixteen of the act of 1847, vol. 2d, p. 587,
provides that town collectors shall be entitled to col-
lect five per cent. fees for all unpaid taxes, under the
thirtieth section of the act hereby amended; and
whenever any such collector shall make return to the
County Treasurer for any unpaid taxes, he-shall add
to the several sums so returned by him, five per cent.,
SUPERVISORS’ CLERKS. 207

which shall go to the credit of the county, and be col-
lected with said unpaid taxes; and such collector
shall be entitled to receive from the County Treasurer,
and be paid by the Treasurer, two per cent. as fees
for all taxes so returned by him.

Sec. 31. Whenever any Board of Supervisors shall conectore
make out any tax list and warrant, they shall not add @¢9 >
thereto the fees of the collection, but such fees shall
be paid and collected as above prescribed in sections
twenty-nine and thirty, of this act. ‘

Sec. 32. The provisions of this act, relative to the
collection of taxes and making out any tax list and
warrant, shall apply to all the cities and towns of this.
State, except where there are special provisions of
law for the collection thereof. og?

Sec. 33. The twenty-sixth section of this act shall
not apply to the county of Kings.

Sec. 35. Sections third, fifth, sixth, seventh, eighth,
ninth, tenth, eleventh, twelfth, thirteenth and four-
teenth of this act, shall-not extend to the counties of
Kings, Queens, or Suffolk ; and no provision of this
act shall apply to the city and county of New-York.

Sec. 36. AJl statutory provisions inconsistent with
this act, are hereby repealed. A

Supervisors’ Clerks. Act of 1847, Vol. 2d, p. B86.

Sec, 14. It shall be the duty of Clerks of Boards puty of
of Supervisors, on the thirty-tirst day of December, certs of Su-
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 within such year, and the distance traveled
by the members respectively, in attending the meet-
ing of the Board. ,
208 HIGHWAY DAMAGES,

8. Whether the accounts were audited or allowed
without being verified according to law, for any mem-
ber of the Board of Supervisors, or any other person,
and if any, how much, and for what.

And such statement shall be certified by such
Clerk, and be printed in a newspaper printed in the
county in the manner that the accounts audited by
Boards of Supervisors are now required by law to be
printed, within two weeks after said statement shall
be so made out ; and it shall be the special duty of
such Clerk to see that the same is so published, and
for every intentional neglect so to do, such Clerk shall
be deemed guilty of a misdemeanor.

Courts to Sec. 17 Of said act provides that it shall be the

shave grand duty of every court at which a Grand Jury shall be

foes. summoned, to charge such jury specially to enquire
into any violations of law by public officers in de
manding, charging or receiving fees to which they
are not entitled by law.

Town clerks, Sec, 19. Provides that Town Clerks shall be allowed

snajurer’ the sum of fifty cents for drawing and certifying a
Rehtay jury as provided by this act, and a constable for
damages. summoning such jury, shall be allowed two dollars,
except when the jury shall be taken from the same
town wherein the road is located, in which case he
shall be allowed only one dollar. And Jurors who
shall be summoned trom an adjoining town, and shall
attend, but not serve, shall be entitled each to fifty
cents, and if they shall serve, then one dollar ; if
from the same town, and shall attend and not serve,
twenty-five cents ; if they shall serve, then fifty cents.

Highway Damages.

1. Act of 1847, vol. 2d, p. 588, provides, that such
damages may be ascertained by the agreement of the
owner and the Highway Commissioners, provided

such damages do not exceed one hundred dollars.
See. 64,
HIGHWAY DAMAGES. 209

SECTION FIFTH. ;

2. If the owner of the land and the Commissioners Bighvsy,
do not agree, then such damages are to be assessed seed
by not less than three Commissioners, to be appointed
by the County Court, and their award shall be filed

in the Town Clerk’s office.

SECTION THIRD.

3. Any person dissatisfied with such assessment,
may within twenty days after the filing said assess-
ment, signify the same by notice in writing, served
on the Town Clerk and opposite party, and specifying
a time when a jury will be drawn to re-assess said
damages. The Town Clerk of an adjoining town shall
draw the names of twelve persons as jurors, from the
last jury list, and shall make a certificate, and a
justice of the peace of the town wherein the damages
are to be assessed, shall issue a summons to a consta-
ble to summon such jury at some time and place
therein specified.—Six of said jurors shall be drawn
by such justice, and shall thereupon assess such
damages, and the same shall be final. Sections
Ath, 5th, and 6th, of the above act.

Section 7th of said act, p. 583, provides that in all Costs, by
cases of assessments of damages under the provis- paid. —
ions of this act, by Commissioners appointed by a
County Court, the costs thereof shall be paid by the
town in which the damages shall be assessed, and in
cases of re-assessments of damages by a jury, on the
application of the Commissioners of any town, and
the first assessment shall be reduced thereby, the
costs of such assessment shall be paid by the party
claiming the damages ; otherwise, by the town ; and
in case a re-assessment of the damages shall be had

14
210 HIGHWAY DAMAGES,

on the application of the party for whom the dama-
ges were assessed, and such party shall fail to increase
the same, he shall pay the costs thereof ;.but when
such damages shall be increased by the jury, the
costs shall be paid by the town ; and when applica-
tions shall be made by two or more persons for the
re-assessment of damages, by a jury, such jury shall
be obtained in conformity with the terms of the
notice first served upon the Clerk of the town in
which the damages are to be assessed, and all per-
sons who may be liable for costs under this section,
shall be liable in proportion to the amount of dama-
ges respectively assessed to them by the first assess-
ment, and may be recovered in an action of assumpsit
at the suit of any person or persons entitled to the
same, before a Justice of the Peace.

Damages as- Sec, 23. All ee which may be finally assessed

sessed to be oe “4.8

audited by Or agreed upon by Commissioners of highways, for

poareee' the laying out of any road, except private roads,
shall be laid betore the Board of Supervisors by the
Supervisor of the town, to be audited with the charg-
es of the Commissioners, Justices, Surveyors or other
persons or officers employed in making the assessment,
and for whose services the town shall be liable, and
the amount shall be levied and collected in the town
in which the road is located, and the money so col-
lected, shall be paid to the Commissioners of such
town, who shall pay to the owner the sum assessed to
him, and appropriate the residue to satisfy the charges
aforesaid.

Repeal. Sec. 25. The 8th, 10th and 11th sections of the act
hereby amended, and all laws inconsistent with any
of the provisions of this act, are hereby repealed.

Counties ex Sec. 26. Nothing in this act contained, shall apply
to the counties of Kings, Queens, Suffolk, or New
York.
DEFINITION OF THE TERM FELONY. 211

«

The 26th section of the act as to town and county Costs when

expenses, directs that the fees of magistrates and other ¢4* the

town and

officers, for criminal proceedings, shall be charged to yhen ‘th
the towns and cities where the offence was committed,
except for felonies and except the costs made after
the defendants are bound over or committed, and the
cost made in the Court of Oyer and Terminer and
Sessions. But a magistrate residing in another town
from where the offence was committed, has jurisdic-
tion to try the cause, but can collect no fees except
for the issuing of the warrant. The Supervisors or
committees auditing the accounts should require that
the place where the offence was committed, should be
stated in the account, in all cases except for felonies.

Definition of the Term“ Felony.” 2 BR. &., 702.

Sec. 30. The term felony, when used in this act, or
in any other statute, shall be construed to mean an
offence for which the offender, on conviction, shall be
liable by law to be punished by death, or by imprison-
ment in a State Prison.

3 fi. S., app., p. 158.

Sec. 31. The term felonious, when used in any
statute, shall be construed as synonymous with the
word criminal, and the term “ feloniously,” when so
used, as synonymous in meaning with the word
“ criminally.”

Crimes Punishable with Death.
1. Treason against the people of this State.
2. Murder.
8. Arson in the first degree.
Crimes Punishable in a State Prison.

See 2 R.S., from page 659 to page 690.
BRIDGES AND TURNPIKES.
Bridges. Decision of Board to be Reviewed.

Section one hundred and twenty-one of article six,

title one, chapter sixteen, part one, of the Revised

Statutes, is hereby amended, so as to read as follows :

Sec. 121. “In case the Commissioners of High-
ways of any town shall be dissatisfied with the deter-
mination of the Board of Supervisors of their county,
touching an allowance for any such bridges, such
determination shall, on the application of the com-
missioners, be reviewed by the Court of Sessions of
the same county, whose order in the premises shall
be observed by every such Board of Supervisors.”

Turnpikes. Act of 1848, p. 64.

Sec. 1. There shall be appointed in the several
counties of this State, in which there is or may be a
turnpike road, whose act of incorporation contains
no provision for protecting the public against the
company taking toll when the road is out of order,
not less than three nor more than five inspectors of
turnpike roads.

Sec. 2, The said inspectors of turnpikes “shall be
appointed by the Boards of Supervisors of the several
counties at any meeting thereof, and shall hold their
offices for two years.

Sec. 3. The said inspectors of turnpikes, when
appointed, shall possess the same powers, perform
the same duties, receive the same compensation, and
be subject to the same restrictions, penalties and lia-
bilities, in all respects, as is now provided by title one,
article fourth, chapter eighteen, part one, of the Re-
vised Statutes,

Sec. 4. This act shall take effect immediately.
ERECTION OF NEW TOWNS. 213

4

Legislative Powers.

An act to vest in the Board of Supervisors, certain
legislative powers, and to prescribe their fees for

certain services. Passed April 3, 1849, p. 293.

Sec. 1. The Board of Supervisors of the several Pover of the
counties in this State, (the county of New York ex-terthe ”
cepted,) at their annual meeting, shall have power (ousn’,
within their respective counties, by a vote of two-towns
thirds of all the members elected, to divide or alter
in its bounds, any town, or erect a new town, but they
shall not nuke any alterations that shall’ place parts
of the same town in more than one Assembly Dis-
trict ; 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 the proposed alterations, and if
the application be granted, a copy of said map with Survey and |
a certified statement of the action of said Board there- be made and
unto annexed, shall be filed in the office of the Sec- Sled in he

seretary’s
retary of State, and it shall be the duty of the Secre- ofice, ad
tary to cause the same to be printed with the laws of laws.
the next Legislature after such division takes place ;
and cause the same to be published in the same man-

ner as other laws are published.

Sec. 2. Notice in writing of such intended appli- Notice to be
cation, subscribed by not less than twelve freeholders pnd also pais
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 tour 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 newspapers print-
ed in the county, not exceeding three in number.

Sec, 3. Whenever the Board of Supervisors shall jame ofnew

erect a new town in any county, they shall designate (vn f.7°
the name thereof, the time and place of holding the a

first annual town meeting therein, and three electors pointed
214 ERECTION OF NEW TOWNS.

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 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
Supervisors, shall be posted in four of the most pub-
lic 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.

Sec. 4. The Board of Supervisors shall have power,
and they are hereby authorized:
Landsmay 1, At any meeting thereof lawfully assembled, to

be bought to 5 :
erect poor. purchase for the use of said county any real estate,

ia” "necessary for the erection of buildings, and for the
support of the poor of such county ;
To erect 2. To purchase any real estate, necessary for a site

court house. te

&e. *for any court house, jail, clerk’s or surrogate’s office, or
other public county buildings in said county ;

Sitestobe 3. ‘To fix upon and determine the site of any such

‘ buildings, where they are not already located ;

Sale of lands 4. Lo authorize the sale or leasing of any real es-
tate belonging to such county, and prescribe the mode
in which any conveyance shall be made ;

New sites. 5. To remove or designate a new site for any coun-
Aes when such removal shall not exceed one
mile ;

Erectionof 6. To cause to be erected necessary buildings for

buildings. oe *
poor houses, jails, clerk’s and surrogate’s offices, or
other county buildings, and prescribe the manner of
erecting the same ; :
DUTIES AS TO TOWNS. 215

iy

7. To cause to be raised by tax upon such county, Bee Aad
any sum of money, to erect any of the buildings tax. 7
mentioned in this act, not exceeding the sum of five
thousand dollars in any one year ;

8. To borrow money for the use of such county, to Borrowing
be expended in the purchase of any real estate, or for county use.
the erection 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 instalments, or otherwise ;

9. To authorize any town in such county, by a vote For town use
of such town, to borrow any sum of money not ex-
ceeding four thousand dollars in any 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 ;

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

11. To fix the time and place of holding their an- 4ncual
nual meetings ; nee

12. To extend and determine by resolution at their oonection of
annual meeting, the time 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;

13. To make such laws and regulations as they Lews to de-
may deem necessary, and provide for the enforcing beasts, this-
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 enforce
the collection of any tax upon dogs, and to direct the
application of such tax, and to provide for the pro-
tection 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 preserv-
ing or destroying, taking and killing wild beasts or
birds, fish, eels, and shell fish, are hereby repealed ;
such appeal to take effect on the first day of January
in the year eighteen hundred and fifty ;

14. To require any County Officer, or any officer county oti-
whose salary is paid by the county, to make a report “"*'°"P""
916 LOCATION OF PUBLIC BUILDINGS.

under oath to them, on any subects or matters con-
nected with the duties of their offices ; and the said
officers are hereby required to make such report when-
ever 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.

See. 5. None of the powers prescribed in the last
section shall be exercised except by a vote of a ma-
jority of all the members elected in the county, nor
shall such power be exercised under the fifth, tenth,
and thirteenth sub-divisions of said section, without
a vote of two-thirds of all the members elected to such
Boards.

Loention of Sec. 6. The Boards of Supervisors shall also have

Pee pally, power within their respective counties, to change the

changed location of court houses, jails, clerks’ offices, surro-
gates’ and treasurers’ offices, or other public buildings,
when the distance shall not exceed one mile, upon no-
tice having been signed at least twelve freeholders,
for six successive weeks, immediately before 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 section for the
removal of the public buildings, when the distance
exceeds one mile, shall not be exercised unless at the
next annual meeting after the publication of the
aforesaid notice a resolution shall be passed to change
the site of the building or buildings to the place men-
tioned in said notice, by a vote of two-thirds of all
the members elected, and then only, upon said reso-
lution beiny published for at least six weeks sueces-
sively, in some newspaper printed in the county, im-
mediately 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 pass-
ed, shall go into effect.

Every reso. Sec. 7, Every resolution of any Board of Supervi-
sigoed and SOrs, passed in pursuance ot the provisions of this
reoraed. act, shall be signed by the chairman and clerk of such

Board, and be recorded in the book of miscellaneous

records of such county.
ENLARGED POWERS OF BOARD. 217

Sec. 8. The Comptroller is hereby authorized to Comptrouer
loan to any of the towns or counties of this State, any ae to
money in the treasury belonging to the capital of the tovss.acd
common chool fund, as is authorized by this act to be
borrowed by any county or town, whenever applica-
tion is made to him by the Treasurer of such county.

Sec. 9. When such moneys are loaned to such Coun geenrities to
ty, the Treasurer thereof shall execute his official bond be given for
for the payment thereof, and when loaned to any”
town, the Supervisor thereof shall execute his official
bond in like manner.

Sec. 10. Each Supervisor shall receive over and anowance to
above the per diem compensation now allowed by Surervieors
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, 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 hundred.

But no per diem allowance shall be made to any Su-
pervisor, while employed in making out such copy or
tax.

Sec. 11. Nothing in this act contained shall abridge repem
the powers of any Board of Supervisors, which they
now possess, and which are not inconsistent with the
provisions of this act, and all acts and parts of acts
inconsistent with the provisions of this act, are here-
by repealed. The Supervisors of Albany county are
paid a salary of 5100 each per annum, besides travel
fees, (see Act of 1857, vol. 1, p. 733,) and thesame com-
pensation applies to the Supervisors of Rensselaer.
(See Act of 1857, vol. 1, p. 695.)

An Act to Enlarge the Powers of the Boards of Su-

pervisors, passed April 14, 1858, p. 309.

Sec. 1. Whenever the Board of Supervisors of any Witnosses
county shall deem it necessary or important to exam-meder ty
ine any person as a witness upon any subject or mat- Ghsirman of
ter within the jurisdiction of such Board, or to exam-
ine any olficer of the county in relation to the dis-
218

Duty of
Sheriff.

Committee,
power of.

Person sub-
yoenaed,

ENLARGED PCWERS OF BOARD.

charge of his official duties, or the receipt or disburse-
ment by him of any moneys, or concerning the pos-
session or disposition by him of any property belong-
ing to the county, or to use, inspect or examine any
book, account, voucher, or document in the possession
of such officer, or the person, or under his control re-
lating to the affairs or interests of such county, the
Chairman or President of such Board shall issue a
subpeena in proper form, commanding such person or
officer to appear before such Board at a time and
place therein specified, to be examined as a witness;
and such subpoena may contain a clause, requiring
such person or officer to produce on such examina-
tion all books, papers and documents in his posses-
sion or under his control, relating to the affairs or
interests of the county.

Sec. 2. It shall be the duty of the Sheriff, or any
deputy-Sheriff, or Constable of the county, to whom
the subpoena may be delivered to serve the same by
reading it to the person named therein, and at the
same time delivering him a copy thereof; and his
official return thereon of the time and place of such
service shall be prima facie evidence thereof.

Sec. 8. Whenever the Board of Supervisors shall
have appointed any member of their body a commit-
tee upon any subject or matter of which the Board
has jurisdiction, and shall have conferred upon such
committee power to send for persons and papers, the
chaitman of such committee shall possess all the
powers, and be liable to all the duties herein, to and
imposed upon the Chairman or President of the
Board of Supervisors.

Sec. 4. Whenever any person duly subpcenaed to
appear and give evidence to produce any books or
papers as herein provided, shall neglect or refuse to
appear, or to produce such books and papers, accord-
ing to the exigency of such subpeena, or shall refuse
to testify before such Board or Committee, or to an-
swer any question, which a majority thereof shall
decide to be proper and pertinent, he shall be deemed
to be in contempt, and it shall be the duty of the
ENLARGED POWERS OF BOARD.

chairman of the Board or of the Committee, as the
ease may be, to report the facts to the County Judge
or to a Judge of the Supreme Court, or of the Court
of Common Pleas of any of the cities of this State,
who shall thereupon issue an attachment in the form
usual in the Court of which he shall be Judge, di-
rected to the Sheriff of the county where such wit-
ness was required to appear and testify, commanding
the said Sheriff to attach such person, and forthwith
bring him before the Judge by whose order attach-
ment was issued.

219

Sec. 5. On the return of the attachment and the attechment.

production of the body of the defendant, the said
Judge shall have jurisdiction of the matter, and the
person charged may purge himself of the contempt
in the same way, and the same proceedings shall be
had, and the same penalties may be imposed, and the
same punishment inflicted as in case of a witness
subpenaed to appear and give evidence on the trial
of a civil cause before a circuit or special term of the
Supreme Court.

Sec. 6. The Board of Supervisors and any Com- Bosra may
mittee appointed by the Board with power to send *#™™

for persons and papers, may adjourn from time to
time, and such committee may hold meetings in pur-
suance of such adjournment or on call of the Chairman
thereof, during the recess, or after the final adjourn-
ment of the said Board of Supervisors ; but when-
ever an attachment shall have been issued, according
to the provisions of this act, and is not returned, such
adjournment of the Board or Committee, at whose
instance it was issued, shall be to a time and place
certain of which notice shall be given by the Chair-
man to the Judge before whom the said attachment
shall be returnable, and in such case, if the person
against whom it issued, shall be arrested, he shall not
be discharged from custody until he shall have en-
tered into a bond to the Board of Supervisors of the
county, in the penalty of two hundred and _ fifty dol-
lars, with two sufficient sureties to be approved by
the said Judge, with a condition that he will appear
and submit to an examination before such Board or
220 APPLICATION FOR A NEW TOWN.

Committee, as the case may be, at the time and place
to which it shall have adjourned.

Bond. Sec. 7. Such bond shall be filed in the office of the
Clerk of the county, and if default shall be made in
the condition, it shall be the duty of the District At-
torney of said county to sue for and collect the same,
and the money, when received and al] moneys receiv-
ed for fines and penalties under and by virtue of the
provisions of this act, shall be paid into the treasury
of the county for the benefit of the poor of said
county.

Sec. 8. All orders, decisions and judgments made
and givenin proccedings under this act by any Judge
out of court or term, shall be in writing, subscribed
by him, and shall be filed in the office of the Clerk
of the county where such proceedings are had, and
the OlerE shall thereupon enter the proper and neces-
sary orders and rules, and such orders, decisions and
judgments shall have the like force and effect as if
made and given by the Court, at a regular term or
session thereof.

Powertoad- Sec. 9. The Chairman of the Board of Supervisors

minister ~~ and the Chairman of any Committee of such Board,
shall severally have power to administer oaths and
affirmations to witnesses to be examined before such
Board or Committee, and every witness so examined
shall be obliged to answer all such questions as he
would be held bound to answer in the same case in a
Court of Justice, according to the rules of evidence,
but the testimony of any witness examined under the
provisions of this act, shall not be given in evidence,
or used against him, on the trial of any indictment
or criminal prosecution other than for perjury com-
mitted on such examination.

Orders, De-
cisions, &c.

Application for a New Town, under Section 1.

In case of an application for the erection of a new
town, or for the alteration or division of a town in
any county, it is suggested that the following steps
be taken :
APPLICATION FOR A NEW TOWN.

J. Let the freeholders who propose to make the
application, cause to be made a survey and map of
all the towns to be affected thereby, showing on said
map the true boundaries of the town proposed to be
erected, altered, or divided, (that is, the proposed
alterations thereof,) and file the same with the Clerk
of the Board of Supervisors of such county.

2. Let them publish a notice after the form herein-
after given, of the intended application, in all the
newspapers of the county, not exceeding three in
number, six weeks successively, prior to the meeting
of the Board.

3. Post a copy of such notice in five of the most
public places in each of the towns to be affected
thereby, for four weeks next previous to such appli-
cation,

form of a Notice under Section 2d of above Act.

NOTICE

Is hereby given, that an application will be made to
the Board of Supervisors of Monroe county, at their
next annual meeting, on the first Tuesday of October
next, for the erection of a néWw Town, to be taken
from the towns of Rush and Mendon, in said county,
and described as follows : Commencing, (giving the
boundaries of the new town the same as in the sur-
vey, then add,) according to the map and survey on
file with the Clerk of the Board of Supervisors of
said county.
Dated August 15, 1849.

Joun Doz, and 23 others.

If the application affects only one town, it must be
signed by twelve freeholders, if two towns, by twenty-
four, if three, thirty-six, twelve at least from each
town.

221
APPLICATION FOR A NEW TOWN.

The printer ought to make the usual affidavit of
publication of the notice, and the person or persons
posting the same, should make an affidavit of its
having been posted in due form.

form of Affidavit.

Monroe County, ss.

John Doe, of Mendon, in said
county, being duly sworn, deposes and says, that he
did, on the first day of September, 1849, post a notice,
of which the within is a copy, in five of the most
public places in each of the towns of Rush and Men-
don, in said county.

. Joun Dos.

Subscribed and sworn this 1st
day of October, before me,
James Jackson, J. P.

form of Application to the Board for a New Town.

To the Board of Supervisors of the County of Mon-
roe. ,

Your Petitioners, residents and freeholders,
of the towns of Rush and Mendon, in said county,
would hereby respectfully apply to your honorable
body to erect a new town, to be taken from the towns
of Rush and Mendon, in said county, and described
as follows : Commencing, (give the boundaries of the
proposed new Town, the same as in the survey, then
add,) according to the map and survey, hereto
annexed. _ |

Dated August 15, 1849.
Jonn Doz, ) ¢
and 11 others, } of Rush.

Riowarp Ros, }
and 11 ee of Mendon.
ACT TO ERECT NEW TOWNS.

An Act to erect the town of Taylor, in said county
of Monroe, by the Board of Supervisors thereof.

Passed October 5, 1849.

Two-thirds of all the members elected to such
Board voting in its favor.

Sec. 1. All that part of the towns of Rush and
Mendon in the county of Monroe, described as fol-
lows : Beginning, (give the boundaries of the new
Town the same as on the map and survey,) is hereby
erected into a separate town, to be hereafter known
and distinguished by the name of Taylor.

Sec. 2. All the remaining part of Rush, shall be
and remain a separate town, by the name of Rush,
and all the remaining part of Mendon shall be and
remain a separate town, by the name of Mendon, and
the next town meeting held in said town of Rush,
shall be held at the house of Richard Roe, in said
town, and the next town meeting held in said town
of Mendon, shall be held at the house of John Doe,
in said town.

Sec. 8. The first annual town meeting in the town
hereby erected, shall be held at the house of James
Jackson, in said town, on the 30th day of October,
1849, and, thereafter the same shall be held on the
saine day that other towns hold their annual town
meetings, in said county of Monroe.

Sec. 4. George Smith, Peter Schooleraft and Gid-
eon Pearson, are hereby appointed to preside at the
first town meeting to be held insaid town of Taylor,
to appoint a Clerk, open and keep the polls, and
exercise the same powers as Justices of the Peace,
when presiding at town meetings.

Sec. 5. Town meetings shall be held in each of
224

STATEMENT FOR SECRETARY OF STATE.

said towns of Rush and Mendon, on the day hereby
appointed for holding the first town meeting in the
said town of Taylor, for the purpose of electing offi-
cers to fill vacancies in said towns, and the Justices
then residing in said towns, shall preside at such
town meetings.

Sec. 6. 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 either of said towns,
whose term of office has not expired.

The 5th and 6th sections of the above act are in-
serted merely to give the law contained in the origi-
nal act of the Legislature in connection, and not be-
cause it was considered absolutely necessary ; and
some parts of the other sections might be omitted,
but it would be well to use the whole six sections in
the form, as some would look simply to the act of the
Supervisors for the powers given the towns.

The ofticers who were elected in the old towns will
hold until their terms expire, whether they happen
to be located in-the old or new division. The new
town will have only to elect such officers as do not
happen to reside within its bounds after the division,
and the old towns will have to elect such town offi-
cers as they lose by their being within the bounds of
the new, at the first town meetings to be held soon
after the division. The town meetings after the first,
will be held at the time and place fixed by the Super-
visors for the whole county. As to the rights of the
respective towns aiter the division, see 1 R. 8., 388.

Copy of the Map, and Statement of the Action of the
Board to the Secretary of State.

To comply with this provision of the first section
of this act, it is suggested that the Clerk of the Board
STATEMENT OF SUPERVISORS.

copy the act passed by the Board of Supervisors, and
annex thereto a copy of the map presented, with the
application, and then add the following certificate :
Board of Supervisors,

Monroe County, ss. \

We have compared the above
with the original act passed by the Board of Super-
visors of said county, and do certify that the same is
a correct transcript therefrom and the whole of such
original, and that the map hereunto annexed, is a cor-
rect copy of one presented to said Board, with the
application for the erection of said town of Taylor-
In witness whereof, we have hereunto set our hands,
the 5th day of October, A. D. 1849.

Joun Haywoon, Chairman.

N. T. Rocuusrzr, Clerk.

Form of Notice of Town Meeting. Sec. 3d.

NOTICE.

In pursuance of an act passed by the Board. of
Supervisors of Monroe county, on the fifth day of
October, 1849, erecting the town of Taylor, in said
county, a town meeting will be held at the house of
James Jackson, in said town, on the 30th day of
October, instant, at nine o’clock in the forenoon of
that day, for the purpose of electing the town officers
of said town.

N. T. Rocuester,
Clerk of the Board of Supervisors of Monroe Co.

A copy of the above must be posted in four of the
most public places in the town, fourteen days before
holding the town meeting. See sec, 3d.

225

Authorizing

By the 9th sub-division of the 4th section, the ttrow®

15 money.
226 SUPERVISORS’ FEES."

Board can authorize towns to borrow money. This
may be done by a resolution stating the sum, time
when payable, and that such a sum with the interest,
may be assessed upon such town annually, or other-
wise, until the same be paid. At the end of the res-
olution, add the following: “A majority of all the
members elected to this Board having voted in its
favor.” The latter clause ought to be added to all
resolutions under section 4, except the resolutions
under the 5th, 10th, and 13th subdivisions, which re-
quire the following clause: “Two-thirds of all the
members elected to this Board having voted in its
favor.”

Forms—1sth The action of the Board under the 13th sub-divi-

sion of sec..4, should bein the form of laws the same
ag is given hereinbefore, relating to the erection of
towns. ;

Changeset, Lhe location of the public buildings in the county,

ings. may be changed by resolution. Proof by affidavit
should be required of the publication of the notice
of such application, six weeks previously ; and if it
be proposed to remove the buildings more than one
mile, such resolution must pass the Board at two
annual meetings, and notice of the same duly pub-
lished, must be given before it goes into effect.

Section 7 | Section 7, requires all resolutions passed in pursu-
ance of this act, to be signed by the Chairman and
Clerk, and recorded. All laws, or the action of the
Board in the form of laws, should be certified to by
Chairman and Clerk.

Supervisors’ Fees.

The tenth section fixes the travel of Supervisors at
eight cents per mile, for all necessary travel, which
means undoubtedly going to and returning from the
FEES IN CRIMINAL OASES.

place of meeting, and travel for the usual adjourn-
ment from one week to the next, and for copying
assessment roll, three cents per name for first 100
names ; two cents per name for second 100 names,
and one cent per name for each name over two hun-
dred names. Fora roll having on it 300 names, it
would amount to $6. It frequently happens, that one
name has several tracts or lots of land assessed it ;
the name is written once, and then ditto is written
under, and the quantity of land and the tax carried
out in each case, it is believed that each of these
would count one name ; if the name was written in
full instead of ditto, then it would no doubt count;
for it would be a name, although the same name as
above, and the ditto would be the same thing. It is
evident the legislature intended to pay for each tract
carried out and taxed.

Printers’ Fees. 2 RB. S, p. 648.

Sec. 45 Provides that for publishing any other no-
tice, or any order, citation, summons, or any other
proceeding or advertisement, required by law to be
published in any newspaper, not more than fifty cents
per folio for the first insertion, and twenty cents per
folio each subsequent insertion after the first.

Constables’ Fees in Special Proceeding. 2 R. S., 647

Serving a summons, 123 cents; serving a warrant,
19 cents; mileage for going, only six cents per each
mile ;

Arresting and committing any person pursuant to
process, fifty cents; and mileage for going only, six
cents. And for any services not herein provided for,
which may be rendered by a constable, the same fees
as are by law allowed to Sheriffs for similar services;

For attending any court pursuant to a notice from

227
228

Fees how
paid.

FEES IN CRIMINAL OASES.

the Sheriff for that purpose, one dollar and fifty cents
a day in the city of New York, and one dollar and
twenty-five cents a day in each of the other counties
of this State; which fees shall be chargeable to the
county, and shall be paid by the Treasurer thereof, on
the production of the certificate of the Clerk, specify-
ing the number of days each constable shall have at-
tended.

The above relates to civil business; but part being
charged to the county, it was deemed best to give the
whole.

Coroners’ Fees. 2. &., 152.

Sec. 10. Provides that the compensation to be paid
to the Coroners of the several cities and counties of
this State, for holding an inquest in the cases author-
ized by law, shall be fixed, and together with all ne-
cessary incidental expenses, shall be audited and al-
lowed by the Board of Supervisors of the respective
counties, and paid in like manner as other county
charges.

frees to Sheriffs in Criminal Cases. 2 FR. &, 752.

For every person committed to prison, thirty-seven
and a half cents ;

For every person discharged from prison, thirty-
seven and a 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 allowed by law to a constable for such
service ;

Sec. 12 Provides that the fees herein allowed for
such services except those who are by law otherwise
FEES IN CRIMINAL OASES. 929

provided for, shall be county charges, and shall be
audited by the Board of Supervisors of the county in
which such services were rendered, and shall be paid
in the same manner as the other contingent charges
of the county.

Lees in Criminal Case. 2 R.S8., 749.

For the following services hereafter performed in
the cases authorized by law, by the officers hereinaf-
ter named, the following fees shall be allowed :

Frees of Justices of the Peace.

SECTION ONE.

For administering every oath, six cents ; ea

A warrant, nineteen cents ;

And no Justice shall be obliged to issue any war-
rant on any complaint for assault and battery unless
the person making such complaint and requiring such
warrant, shall pay the fees therefor ;

A bond or recognizance, twenty-five cents ;

A subpena for each witness, six cents;

A commitment for want of bail, nineteen cents;

But no Board of. Supervisors shall allow any ac-
count in favor of any Justice of the Peace, for any
warrant on any complaint, for an assault and battery.

fees of Court of Special Sessions.
SECTION TWO.

For a Venire to summons a Jury, twenty-five cents; speciat.ses-
For swearing a Jury, twenty-five cents ; oa
Swearing each witness, six cents ;
A subpeena for each witness, six cents;
For a trial fee to the Justice, one dollar ;
For drawing up a record of conviction, and caus-
230

FEES IN CRIMINAL CASES.

ing the same to be filed in the Clerk’s office, seventy-
five cents ;

For a warrant of commitment on conviction, twen-
ty-five cents. But all such charges in any one case,
shall not exceed five dollars ;

For taking security from any person to prosecute
a certiorari upon any conviction made by such Court,
twenty-five cents ;

For a return to any such writ of certiorari, two
dollars, to be paid by the county.

An Act to Increase the Fees of Justices of the Peace,
passed April 17, 1857.

Sec. 1. The several Justices of the Peace in the
State hereafter shall be allowed and receive the fol-
lowing fees for the services hereinafter mentioned in
lieu of the fees now allowed by law for such services:
For a summons, fifteen cents; for warrant, attach-
ment, warrant of commitment, or transcript of judg-
ment, twenty-five cents; adjournment, twenty-five
cents; subpeena, including all the names inserted
therein, ten cents; administering an oath, five cents;
filing every page necessary to be filed, five cents;
swearing a Jury, twenty-five cents; trial of an issue
of fact, in case of an appearance and answer, fifty
cents; entering judgment, twenty-five cents; taking
affidavit, ten cents; drawing bond, twenty-five cents;
and receiving and entering verdict of jury, twenty
cents.

Sec, 2. When a judgment shall be rendered in a
Court of Justice of the Peace in civil actions, it shall
be with the costs of suit; but the whole amount of
the items of such costs to be included in the entry of
judgment, except charges for the attendance of wit-
nesses from another county, shall not, in any case, ex-
ceed the sum of five dollars, unless such suit shall be
adjourned more than once, at the request, and on mo-
tion of the party against whom judgment shall be fi-
FEES IN CRIMINAL CASES.

nally rendered, and in such case the costs of such

additional adjournment may be included in the entry
of judgment.

Sec. 3. All acts and parts of acts inconsistent with
this act, are hereby repealed, except such as locally
applicable to any of the cities of this State. (Act of
1857, p. 723.)

Fees of the Constables. 2. S., 750.
SECTION FOUR.

Serving a warrant or other process for the arrest of
any person, issued by any Magistrate or Court, fifty
cents, and the same fees for traveling to make such
service, as are allowed for serving a warrant in civil
cases;

Taking a defendant into custody on a mittimus,
twelve and a half cents; ;

Conveying a person to the Magistrate or Court be-

fore whom he is to be brought, or to jail, twelve anda
half cents, if within one mile, and for every mile
more, going only, six cents;
Servin g a subpcena, twelve and a half cents for
each witness, and the like mileage as above provided;
but mileage shall be allowed only on the distance ac-
tually and necessarily traveled.

This is altered as to travel fee by the act of May,
1836, p. 775, which allows travel fee both ways on
subpeenas.

The Board of Supervisors may allow such further
compensation for the service of process, and the ex-
penses and trouble attending the same, as they shall
deem reasonable.

For other services in criminal cases, for which no
compensation, is specially provided by law, such sum
as the Board of Supervisors of the county may allow.

231
232 OLERKS’ FEES.

Fees of the Clerks of the Courts of Oyer and Termi-
ner and General Sessions. 2 R. S&., 750.

SECTION SIXTH.
Clerks of Swearing a witness, six cents;
het Entering or respiting a recognizance, twelve and a
half cents;

Calling and swearing a Jury, nineteen cents;

Peau Entering a sentence in the minutes kept by him,

Glerkseon- twelve and a half cents ; and the like fee for every
certified copy thereof; and for a transcript thereof
for the Secretary of State;

Entering Collector’s bond, twelve and a half cents;

Searching for such bond, six cents;

Satisfying same, twelve and a half cents;

Filing every paper, three cents; and searching for
same, three cents;

Copies of records, indictments, and other proceed-
ings, the like fees are allowed in civil cases, for copies
of papers filed in his office. He gets in civil cases
for the above services, eight cents per folio. (See 2
R. §., 638, 639.)

For attendance in canvassing the votes given at
any election, $2;

For drawing all necessary certificates of the result
of such canvass, the same fees as are allowed to At-
torneys in Courts of Common Pleas, for drafts and
copies of pleadings: which is eighteen cents for draft-
ing and nine cents for copies;

For recording such certificates, the same fees as are
allowed for recording deeds: to wit, ten cents per fo-
lio, and a certificate on the paper, and one on the re-
cord, make twenty-five cents more;

The law requires the County Clerk to send a copy
of the statement and certificate to the Governor,
COUNTY CLERKS’ FEES.

Comptroller and Secretary of State, and deliver a
copy of the determination of the County Canvassers
to each person elected;

For making and transmitting certified copies of
the returns of the Commissioners of Common Schools
(now Town Superintendents), six cents for each folio,
to be paid by the county;

For approving Sheriff’s bond, fifty cents;

For giving notice to the Governor, of persons who
have taken the oath of office, three cents for each
name.

County Clerks. Further Fees.

Sec. 1. The act of 1843, p. 253, provides that the
Clerks of the several counties of this State, shall
make a general index in the manner therein designa-
ted ; and in those counties in which a general index
was made under the act of 1826, and have been pre-

served, the several Clerks shall complete the same by.

bringing them down to the present time; and in
either case, the said Clerks shall keep the said indices
complete by adding to the lists as deeds and mort-
gages shall be sent in.

Sec. 2. Each County Clerk is hereby authorized
to charge, in his account against said county, all
necessary expenses which he may incur in the pur-
chase of books for such indices, and at and after the
rate of fifty cents for every hundred names which he
may enter in such book.

Sec. 8. The provisions of this act shall not apply
to such counties in this State, as now have a general
numerical index of deeds and mortgages in the of-
fice of the Clerk of said counties.

238
234

Allowance,
how paid.

New York
exeepted.

Offence and
place.

CONSTABLES’ CLAIMS.
Fees of Jurors. 2 BR. &., 648.

The Board of Supervisors of the respective coun-
ties of this State may, at their annual meeting, direct
@ sum not exceeding one dollar per day, to be allowed
to every Grand Juror, and to every Petit Juror, for
attending the courts of record held within such
county, in addition to any other fees which said
jurors may receive; or they may direct such allow-
ance to be made to Grand Jurors only, or to Petit
Jurors only ; and they may also direct an allowance
to be made to such jurors for traveling, in coming to
and returning from such courts, not exceeding three
cents per mile.

Whenever any Board of Supervisors shall have
directed any allowance to be made to jurors, as herein
provided, they shall raise such sums as may be neces-

‘sary for that purpose, in the same manner as the other

county charges are by law to be raised and collected.

The sums so allowed by any Board of Supervisors
to any jurors, shall be paid to them by the County
Treasurer of the county, on the production of a cer-
tificate of the clerk, at which such jurors shall have
attended, specifying the time each juror has actually
attended, and the distance traveled by him.

The foregoing provisions shall not apply to jurors
in the city of New York, who shall be allowed twelve
and a half cents, each juror, for every action in which
he is sworn as such, nor shall they apply to jurors in
the city and county of Albany.

Committee on Constables’ Claims.

If the accounts to be audited by this committee
when presented, do not state the offence, and the
place where the offence was committed, they ought
CONSTABLES’ CLAIMS. 235

not to be received by the committee ; for insuch case
it is impossible to audit them correctly, or rather, it
is impossible to charge such accounts to the proper
towns. If the offence be stated, the committee can

then decide whether the account is a county or town om

charge ; and if the place where the offence was com- sient
mitted be stated, the committee will know to what
town to charge the account, if it be a town charge.
These remarks apply more particularly to accounts
that are made out in one bill, having some char-
ges to the county, and some to the towns; but
the offence ought to be stated in every account,
for the reason that in an account charged to the
county, if the offence be stated the committee can
decide correctly whether all the items charged therein
are county charges, or whether some part thereof are
town charges. And if the committee, in such an ac-
count should find an item that ought to be charged
to a town, they could not charge it over tosuch town,
unless the place where the offence was committed be
stated. Under this view of the subject, it seems
material to have both the offence and the place where
committed, stated in every account, unless the com-
mittee take it for granted that it is charged to the
proper town, or to the county properly, which would
be unsafe, and the result would be that the county
would pay claims that ought to be paid by the towns;
and the towns some that would be properly charge-
able to the county. These suggestions will be appli-
cable to accounts presented to other committees.

The claims of constables will be, for serving Crim yass.6°s1-
inal warrants, bench warrants, and subpcenas, mostly. rei bon =
Itseems clear that a constable can charge for serving
a subpeena, fees for both going and returning, for the
distance actually traveled, [act of 1836,] but no mile-

a
236 CONSTABLES’ ' CLAIMS,

age shall be allowed beyond the limits of the county
or adjoining county, unless the Board be satisfied by
proof, that such witness could not otherwise be
obtained. And the compiler is of the opinion, that
the law, 2R.S., 750, gives mileage for serving a
warrant, both ways. The first clause gives fifty cents
serving the warrant, and the same fees for traveling
to make such service, as are allowed in civil cases,
which is six cents per mile, for going only. This pro-
vides for the arrest, and going to make such arrest.
The second clause of said act, provides for convey-
ing a person to the magistrate or court before whom
he is to be brought, or to jail, twelve and a half cents,
if within one mile, and for every mile more, going
only, six cents; that is, going to,.and not from the
magistrate. If this clause does not refer to a war-
rant, it is difficult to say to what it does refer. It can-
not mean the mittimus spoken of just before, because
that is not returned to the Justice, but to the Jailer.
But there exists some difference of opinion upon this
mileage point ; and there are cases in which it would be hard
ima Cl unjust for the officer not to receive mileage more
than one way. But should the committee in any
county take the view that it is not allowable, they
might under the last clause of the fee bill, allow the
officer his expenses in the cases above referred to,
where he ought justly to have them paid. While it »
is the duty of Supervisors to protect the county
against illegal and unjust claims, it is at the same
time their duty to protect the rights of individuals
in allowing such as are just and right.

Report of the Committee on Constables’ Claims.

The accounts chargeable to the county should be
kept separate from the town accounts, but may be
COUNTY CLAIMS.

attached before the report is made, each of the towns
may be entered on the same paper in the auditing
account of the committee, but so far apart as to leave
room enough to insert all the accounts against each
town, which ought to be added by the committee
separately. The committee after auditing all the
accounts and finding the aggregate amount against
the county, and against all the towns, report, and
offer two resolutions :

Ist. That $ be assessed upon the county,
and orders be drawn by the Clerk in favor of the
several persons therein named, for the amounts
audited to them respectively.

2d. That the sums mentioned in the report be asses-
sed upon the several towns, and that orders beedrawn
in favor of the several persons named therein, for the
amounts reported to be due them respectively.

County Claims. See p. 128.

The committees on county claims as to themanner
of making out the accounts, and the auditing and
report thereon, are referred to pages preceding.

This committee have referred to them the accounts
of Justices for felonies, printers’ bills, accounts of
Coroners, of County Canvassers, bills of costs, ac-
counts of Physicians, Supervisors’ accounts, and the
accounts of Town and District Clerks, for services
under the Act of 1847, p.147, providing for the regis-
try of births, marriages and deaths.

The Justices’ accounts chargeable to towns are, or
ought to be referred to the town committee.

Coroners.—There is no fee bill for Coroners ; they
charge what they think is right, and the committee
allow them what they consider just, under the circum-
stances of each case.

237
238 SUPERINTENDENT'S REPORT.

County canvassers are paid the same as Supervi-
sors, $2 per day and travel fees, 8 cents per mile
going and returning.

Physicians for holding examinations at the request
of Coroners, are paid what the committee consider
reasonable,

Town and District Clerks. Act of 1847, p. 147.

town Gnd Sec. 4, Provides that for the performance of the
compensa duties herein required, the officers of the several dis-

tion tricts, towns and counties, rendering the services
herein specified, shall be entitled to such compensa-
tion for their services and expenses incurred by them,
as may be audited and allowed by the Boards of
Supervisors of such counties respectively.

The committee will audit and enter the accounts im
their report as follows: 1st, Names of claimants ;
2d, Office held; 3d, State the amount claimed ; 4th,
Amount allowed. Sometimes this committee audit
accounts chargeable to towns by their being in the
same account with county claims, in that case the
same course will be adopted as mentioned on preced-
ing page.

i“""° The Board appoints a physician to the jail, and
fixes his salary.

Committee on Poor House and Superintendent's
feport. See pages 112,113, and 114.

1. The first business of this committee, after get-
ting the report from the County Superintendents is,
to visit the poor-house, examine the farm, buildings,
stock, and the health and condition of the paupers,
and also examine the keeper’s books, and ascertain
the amount of moneys received and disbursed by
him, and see if the same are correct.
SUPERINTENDENT'S REPORT,

2. To go through with the Superintendent's report,
and ascertain if the several sums therein stated prove
correct, and get all necessary explanations from the
Superintendents as to the kind and manner of expen-
anaes and to compare their report with the keep-
er’s book.

3. Compare the report with the Treasurer’s ac-
count, with the poor fund, and if the report be found
to be correct in point of fact and calculation, then
the committee will make their report, containing an
abstract of such report, and stating :

1, The whole éxpense of supporting the poor the
past year;

2. The amount of temporary relief for county pur-
poses;

3. The expense for supporting paupers at the poor-
house;

4, How the same has been paid and provided for,
showing how much is to be assessed upon the several
towns, and how much to be raised upon the county;

5. The whole number of weeks for which paupers
have been supported at the poor-house, showing the
number for the towns and the number for the city
separately;

6. The average expense of such paupers per week,
showing how that is ascertained ;

7. The number of weeks and the amount to be as-
sessed on the several towns ;

8. The amount to be assessed on certain towns to.
the credit of other towns, or the county, to be stated
specifically;

9. Stating the amount of temporary relief in the
several towns;

10. The committee in their report introduce seve-
ral resolutions: Ist, For assessing the amount to be

239
240

COUNTY TREASURER’S ACCOUNT.

raised upon the county; 2d, Upon the towns to re-im-
burse the general poor fund; 3d, Upon some towns
to be placed to the credit of others;

11. The committee will audit the Superintendent’s
accounts, and state the amount in their report. The
committee will state the condition of the county build-
ings, and offer any further suggestions and resolu-
tions that may occur to them, as to the management
of the poor.

Committee on Treasurer's Accounts.

The County Treasurer, at the annual meeting of
the Board of Supervisors, is directed to exhibit to
them all his books, accounts, and all vouchers, to be
audited.

The above statement is made to the committee on
Treasurer’s accounts, whose duty it is to examine the
same and compare it with the proceedings of the
Board of Supervisors for the preceding year, in rela-:
tion to the amount of money raised and paid by him,
and directed by said Board to be disbursed by him.
The committee will audit his accounts and make a
report thereof to the Board, stating the following
among other things:

1. The whole amount paid into the treasury the
last year;

2. The whole amount paid out by the Treasurer,
stating the balance due from or to him;

3. Make a statement of the Jury fund;

4, The Judges and Constables’ fund;

5. The Poor fund.

The committee will recommend in their report the
sums to be raised for each of the above funds, and
for contingent expenses for the ensuing year.
COUNTY CLERKS’ CHARGES. 941

For the County Treasurer’s fees, see preceding pages
where the County Treasurer is paid a per centage, the
Clerk of the Board adds the same to the several sums
to be raised, and it is collected with the taxes and
paid over to him; in counties where it is a stated sal-
ary, the amount is raised by a resolution of the Board,

Sherigis and Clerks’ Accounts.

The Sheriff has usually the following charges for oharves of
official services, connected with the Criminal Courts: S2enf 22"
accounts for repairs to public buildings,. turnkeys’
fees, board of prisoners, and miscellaneous services
and expenses at the jail, the items of which are given
in his account; for his fees, see p. 192.

The committee audit the accounts and report there-
on, and the committee also report the sum which, in
their opinion, should be paid per week for boarding
prisoners, which is adopted or amended by the Board.

County Clerks.

The County Clerks have charges for filing recogni- County
zance, copying same, fees in criminal trials, copying charges enu=
records and indictments, for attending county canvass,
making returns thereof, and recording statements and
results, services in school matters, filing and entering
collectors’ bonds, drawing juries and making certifi-
cates, giving certificates to jurors, taking affidavits, fil-
ing and entering indictments, taking and entering re-
cognizances, entering convictions and copies thereof,
for Sheriff and Secretary of State, for subpoenas for
witnesses in criminal cases, for entering orders of the
court and copies thereof, filing affidavits, for station-
ery for courts, for witnesses’ fees in criminal cases,

&c., and for making and extending a general index.
16
249

COMMITTEE ON U. 8. DEPOSITED FUND.

For some of the above and other services which the
law requires him to perform, there is no fee fixed, and
the committee in such cases audit and allow what-is
reasonable, under the general clause of the fee bill.

The compiler thinks the County Olerk is entitled
to fees for keeping up the general index.

Committee on United States Deposited Fund.

This committee perform the duty required of the
Supervisors in relation to this fund, and reports
thereon to the Board. The committee’s report will
state:

1. The whole amount of money on loan;

2. Amount on hand for loaning;

3. Amount of principal received for the preceding
year; .

4. The amount reloaned;

5. The amount of interest received during the
same period;

6. The amount paid State Treasurer;

7. The amount of the Commissioner’s fees;

8. The Committee will further state whether the
moneys are safely invested, and if they are not, they
will state the same. —

Committee on Salaries.

This committee will report the salary that ought to
be paid to certain officers, whose salary the Board
fixes, and from time to time offer resolutions to raise
the amounts thereof upon the county.

Committee on Town Accounts.

The accounts of officers in the several wards of
cities are referred to and audited by this committee,
LUNATIC ASYLUM.

The accounts of all the towns are audited by the Town
Boards, except Justices’ tees, but there is no auditing
Board in the several wards of cities. The committee
must audit and keep an account thereof of each ward
separate, and report the amount to be assessed upon
each. - Justice’s fees, for services in criminal matters,
which are chargeable to the towns and cities, are au-
dited by this committee.

The committee will state all the towns in their re-
port and the amount to be assessed to each. Where-
ever there is a city in a county, and Justices residing
therein present an account for tees in criminal .cases
less than felonies, this committee will audit the same
and charge it to the city, and the Clerk in making out
the tax will. apportion the same among the several
wards of such city, according to the taxable property

therein.

Lunatic Asylum. Act of 1842, p. 148.

The support of a Lunatic at the Asylum, sent un-
der the 26th section of the act of 1842, by the Coun-
ty Judge, it seems to be now settled, must be paid by
the county. In the case of the town of Alexander vs.
the Board of Supervisors of the county of Genesee,
7 Hill, p. 171, it was held that an ‘indigent’ person,
not a pauper, sent by the County Judge, was charge-
able to the county. The following is the note of the
case: Where a resident of one of the towns in Genes
see county being in indigent circumstances, but not a
pauper, not furiously mad, was admitted into the
State Lunatic Asylum, on the certificate of the first
Judge, pursuant to the 26th section of the act passed
April 7, 1842, and was supported there at the expense
of the county, held that the ye could not oe
the expense to the town.

243
244

COPYING ASSESSMENT ROLL.

The Supreme Court in the case of the Supervisors
of the County of Monroe vs. The Town of Riga, at
the term held by the old Supreme Court, held the
same doctrine. The decision in the above cases seem-
ed to be put upon the ground mainly that the lunatic
was not a pauper, when sent to the Asylum: and ifa
pauper the County Judge could not send him, so that
every pauper sent by the County Judge must neces-
sarily be a charge to the county.

Copying the Assessment Roll.

This, although done by each Supervisor, is consid-
ered in law done by the Board of Supervisors, [See
1 R.S., 395,] and is therefore a county charge.

After the several committees shall have reported,
some member of the Board ascertains the whole
amount to be assesssd upon the county, and offers the
following resolution:

On motion of

Resolved, That the sum of $ be levied
upon the county, for the contingent expenses thereof,
besides the Treasurer’s fees; and that the Clerk of this
Board draw all orders necessary in consequence of
any appropriations made by the Board, payable on
the 15th day of February next.

After the Board shall have completed all the busi-
ness before it, an adjournment is had, to some time
before the 15th day of December next thereafter. See
1R.8., 386. After the Board adjourns, the Clerk
makes out the tax, upon the principles fixed by the
Board, and extends it upon the several rolls. The
Clerk, during the session, should be careful to keep
the appropriations of each town and ward in a
separate place. The shares of each town and ward.
of the county expenses being ascertained, is added to.
COLLECTOR’S WARRANT.

the expenses or appropriations of such town or ward,
and the whole is then assessed upon the personal and
real estate, as equalized, of each town and ward.
The Clerk procures to be printed, and adds to each
roll the Collector’s warrant, after the following form:

Form of Collectors Warrant.

Stare or New Yors,

County of Monroe, ig

To Alexander Babcock, col-
lector of the town of Pittsford, in said county :
You are hereby required to collect from the several

persons named in the assessment roll hereunto an-

nexed, the several sums mentioned in the last column
on each page thereof, opposite to their respective
names ; together with your fees for the collection
thereof ; and you are hereby authorized, in case
any of them shall refuse or neglect to pay such sum
or sums, to levy the same by distress and sale of his
or her goods and chattels, together with the costs and
charges of such distress and sale, and your fees for
collection. In the execution of this warrant you will
proceed in the manner directed by the 29th and 30th
sections of the act entitled “An Act to reduce the
number of town officers, and town and county expen-
ses, and to prevent abuses in auditing town and
county accounts, passed May 10, 1845,” copies of
which sections are hereunto annexed, And you are
hereby required to pay the sum of dollars
and cents, to the Overseers of the poor, of said
town ; the further sum of dollars and

cents to the Commissioners of Highways of said town, ©

for the repair of roads and bridges therein ; the
further sum of dollarsand _—_ cents, to’ the

245
246

COLLECTOR’S WARRANT.

Supervisors of the said town, for the payment of town

expenses ; and dollars and cents to the
Treasurer of the county, being the amount of State
tax, mill on the dollar, and dollars and

cents being the residue of the tax to the said
Treasurer, on or before the first day of February
next, retaining in your hands out. of the money so
collected, for your services, such sums as you are by
law authorized to receive as your fees for collection;
for which this shall be your warrant. Hereof fail

not.
Overseer of the Poor,$ - Given under our
Commissioner of Higher $ handsand seals at
Supervisor, $ . | the. day of
School Superintendent, $ _ December, in the
County Treasurer, $ |» year of our Lord,
Do. for State tax, $ one thousand eight
- hundred and forty-
_ nine.
[u. 8.] >, >) ft. 8]
[L. 8. . [E. 8.)
[L. 8.] apes [u. 8.]
[z. 8.] - fi. 8.]
Lu. s.] [L. 8.]
a [n. 8.] °°

A majority of the Supervisors must sign the above
warrant and attach their seals.

The following i is to be endorsed on the back of the
warrant :

An Act to reduce the number ‘of town officers, and
town and county expenses, and. to prevent abuses in
auditing town and county accounts.

Passed May 10, 1845.

Sec. 29. Whenever any. town collector shall | have
received any warrant for the collection of taxes, he
shall immediately thereafter cause notices of the
DUTIES OF COLLECTORS.

reception thereof, to be posted up in five public places
in the ward or town, and so located. as will be most
likely to give notice to the inhabitants thereof, and
shall designate in such notices a central and conve-
nient place in such town, where he will attend from
nine o’clock, forenoon, till four o’clock, afternoon, at
least once in each week, for thirty days, .on a day
also to be specified in such notice, for the purpose of
‘receiving payment of taxes; and it shall be the duty
of such collector to attend accordingly, and any per-
son may pay his taxes to such collector, at the time
and place so designated, .or at any other time or
place, on paying one per cent. fees thereon, within
thirty days from the first posting of said notices; and
no collector shall receive over one ‘per cent. fees for
receiving or collecting any taxes within said thirty
days. By a subsequent act the collector is entitled to
receive two per cent. during the thirty days. . But
every such collector, shall be entitled. to receive one
cent fees on every amount of tax under one dollar,
paid in or collected within said thirty days. ee

Sec. 30. It shall be the duty of the collector, after
the expiration of the said thirty days, to proceed and
collect the unpaid taxes in the same manner, and shall
pay over and account to the County Treasurer, and
shall be entitled to charge, collect, and receive the
same fees as now provided by law; which said fees
shall be collected with such unpaid taxes from, the
several and respective persons named in said tax list. .

The sums to be paid to town officers are also stated
separately, and extended. The several items to make
the sum to be paid County Treasurer, is also given
and extended.

When the Board. meets at the adjourned meeting,

247

the warrants are signed by at: least a majority of the The Clerk's
Board, and delivered to each Supervisor, to be proved by

by him delivered to the Town Collector. The
Clerk, at such adjourned meeting, delivers the orders
to the Supervisors of each town, to be by them deliy-
ered to each person in whose name they are drawn.

each Super-
visor.
248

COLLECTOR’S BOND.

Each Supervisor, at the time of receiving such or-
ders should make a list of the orders and the sums
due to persons in their respective towns, from the
minutes of the Clerk, and the accounts and papers on
file, with him, and add the same, and see if it agrees
with the sum directed by the warrant to be paid him.
If the Clerk has left out the account of some person, .
or some item to be raised by the town, this statement
will show it.—This will also assist the Supervisor in
keeping his accounts with the town.

Sometimes, when a sum is voted by a town to be
paid for a specific purpose, no order is made for this.
In such case, if the Supervisor has money in his hands
after paying all the orders, he knows by the above
statement to whom it belongs. Persons holding such
orders frequently deliver them to the collector to ap-
ply on their tax. In such case, they ought to receipt
the same upon the back of such orders.

Collector's Bond. 1 &. S., 346.

Sec. 19 Provides that every person, chosen or ap-
pointed collector, before he enters on the duties of his
office, and within eight days after he receives notice of
the amount of the taxes to be collected by him, shall
execute to the Supervisor of the town, and lodge with
him a bond with one or more sureties, to be approved
of by such Supervisor, in double the amount of such
taxes, conditioned for the faithful execution of his du-
ties as such Collector.

Form of Collector’s Bond.

Know all men by these presents, that we, A. B. and
©. D., of the town of and county of
are held and firmly bound unto the Supervisor of the
town of aforesaid, in the penal sum of
[insert the sum equal to double the amount of taxes
SUPERVISOR'S BOND.

to be collected by said Collector,] dollars, to be paid
to the said Supervisor, his successor or successors in
office; for which payment well and truly to be made,
we jointly and severally do bind ourselves, our heirs,,
executors and administrators, firmly, by these presents.
As witness, our hands and seals, this day
ADI  s

The condition of the above obligation is such, that
if the above bounden A. B., who hath been duly cho-
sen Collector of said town, shall well and faithfully
execute his duties as such Collector, then the above
obligation to be void; otherwise, to remain in full
force and virtue.
Sealed and delivered, |

in presence of A. B,, [u. 8.]
C..D.,.[t. 8.]
I approve of the within bond, and the surety there-
innamed. Dated the day of 1849.
8. R., Supervisor.

Sec. 20 Provides that the Supervisor shall, within
six days, file such bond in the office of the County
Clerk.

Which bend is discharged by the County Treasurer
when the Collector pays over to him the amount di-
rected. to be paid him, and produces to him receipts in
fall from the town officers to whom moneys are direct-
ed to be paid..

Supervisor's Bond to County Treasurer.

Know all men by these presents, that we, Daniel
Kingsley, Supervisor of the Town of Pittsford, in the
County of Monroe, and C, D. and E. F., of Pittsford,

249
250.

SUPERVISOR’S BOND.

aforesaid, are held and firmly bound unto the Treas-
urer of the County of Monroe, in the penal sum of

(double the amount of the school
moneys to be paid,) to be paid to the said Treasurer,
or to his successor in office, to the which payment, well,
and truly to be made, we bind ourselves and our legal
representatives jointly and severally firmly by these
presents. Witness our hands and seals this 4th day
of June, 1859.

Whereas, the said ‘Dante Kingstey has been duly
elected Supervisor of the said Town of Pittsford.
Now, therefore, the condition of this obligation is such,
that if the said Daniel Kingsley shall faithfully dis-
burse, safely keep and account for the school moneys
apportioned for the support of Common Schools in
said town, and for all other school moneys which may
come into his hands as such Superyisor from any
other source, then this obligation to be void, otherwise
to remain in full force and virtue.

Dantex Kineszey, [1. s.]
C.D. fe ef

Sealed and delivered, By Ey [. s.]-
in presence of

Monror Counry, ss: -
Onthe day of March, 1859, came
before me, D. K., ©. D. and E. F., to me known to be
the persons described in, and who executed the above
bond and acknowledged the execution thereof.
A. B., J. Peace.

Justification of Sureties.

Mowron County, ss: i
C. D. and E. F., the sureties named in
the above bond, being duly and severally sworn, do
ELECTION. : 951

and each for himself doth depose and say that he is

worth the sum of © ’ dollars over and above
all debts, oe liabilities or legal exemptions.
©..D.,
RF
Subscribed and sworn, this
day of : 18:

“L.D., J. Peace.

Election. _ Aet of 1842.

See, 14. Of said act provides that the Sheriff Clerk
or County Judge of each county, who shall receive
notice of an election, shall, without delay, deliver a
copy thereof to the Super visor, or one of the Assessors
of each town or ward in the county.

The Supervisor, ‘Assessors and Town Clerk are re-rown officers
quired to meet on the first Monday of October in each "™"°™**
year, to designate the place where the election shall be
held, and shall give notice thereof, tobe posted in at
leant eight public places in each election district.

They shall have power at such meeting to alter any
district. [See sections 16 and 18.] -:

In case of any vacancy in the Board of Inspectors
of Election, the Supervisor, Town Clerk and Justices
have power to supply such vacancy. [See section 22.]

When a new town is formed, the Supervisor, Asses- Ve %ne¥

sors and Town Clerk are required to meet at the Town {07k
Clerk’s office on or before the first Tuesday of Septem-™*
ber, preceding the. first _ general election, and divide

the same into election districts.

Election Notice..

- We, the undersigned, composing ‘the Board of Town
Officers of the town of hereby give no-
252

Inspectors to .
deliver result
to Supervisor

INSPECTOR TO SUPPLY A VACANCY.

tice that the ensuing general election, at which are to
be elected the following officers, to wit: [here copy a
list of the officers, as contained in the notice of the
Secretary of State,] will be held in election district
number one, at the house of O. P., innkeeper in said
district; and in election district number two, at the
house of T. W., farmer in said district. And that the
poll of the election will be opened on the _— day of
November next, at sunrise, (or at 8 o’clock, A. M., as
the Board may have determined,) and closed at sun-
set on that day. Dated October , 1849.

C. D., Supervisor:

E. F., Zown Clerk.

G.H,)

I. J., } Assessors.

K.L,

Appointment of an Inspector to Supply a Vacancy.

A. B. is hereby appointed Inspector of Elections in
and for district’ No. 1, in the town of
to supply the vacancy occasioned by the death of C. D.
Given under our hands, this day of 18
D. E., Supervisor.
R. O., Zown Clerk.
HL) .
H. Y,, Justices.
ie,
The Inspectors of Election, within twenty-four hours
after the canvass, deliver the certificate and canvass

or Assessor. to the Supervisor of the town, or, if he be absent, to

one of the Assessors, who ought to examine the same,
to see that it is made out correctly, and compare the
whole number of votes stated to be given for each of-
fice, with the aggregate number given for all the
candidates for such office, and see if they agree.
BOARD OF SUPERVISORS. 253

The Supervisor or Assessor, having such statement County ean-

vassers meet

and canvass, must attend with the same at the offices County
of the County Clerk on the Tuesday next following

the election before one o’clock in the afternoon of that

day.

If any one of the Supervisors or Assessors appoint-
ed to attend the county canvass, shall be unable to
attend, he shall cause to be delivered at the County
Clerk’s office, the original statement of his town or
ward.

For the proceedings of the Board of County Can-
vassers and the forms thereof, see election law as
amended by act of 1847, published in pamphlet form

by the Secretary of State. [See Registry Law of 1859.]

Adjournment of the Board of Supervisors.

Previous to the adjournment, a committee on de- pepentures.
bentures is appointed, who ascertains and reports the
number of days each Supervisor has attended, and the
number of miles traveled, with the amount for the
same extended, opposite his name. |This account
must be verified by affidavit, the same as any other.
An affidavit can be affixed to such report for all the
Supervisors to sign, except the chairman, and he can
make out a separate account, and swear to it before a
Justice of the Peace.

‘Form of Affidavit.
Mowrorz County, ss:

Each of the persons named in the fore-
going list, being duly sworn, deposes and says, each
for himself, that the items of the above account set op-
posite their respective names, are correct, and thatthe,
services and disbursements charged gherein, have been
in fact made or rendered, or necessary to be made or
254

AUDITING TOWN ACCOUNTS.

rendered at this session of the Board, and that no part
thereof has been paid or satisfied.

A. B,

C. D,

E. F, and others.

Subscribed and sworn this 20th
day of October, 1849, before me, -

E. G., Chairman.

Auditing Town Accounts for Moneys Recewed and
Disbursed. 1 R. S., 355.

Sec. 46. In each town, the Supervisor and Town
Clerk, together with the Justices of the town, or any
two of such J ustices, shall constitute a Board of
Auidtors to examine the accounts of the Overseers of
the Poor, the accounts of the Supervisor for school
mouey received and disbursed by him, and the Com-
missioner of Highways, of such town, for moneys
received and disbursed by them.

Sec. 47. The Board of Auditors of town accounts
shall meet for the purpose of examining the same,
annually, in each town in this State, on the Tuesday
preceding the annual town meeting to be held in such
town.

Sec. 48 The accounts so audited, shall. be delivered.
wth the certificate of the Auditors, to the Town Clerk,
to be by him kept’ on file, for the inspection of any
of the inhabitants of the town. They shall also be
produced by the Town Clerk, at the next annual town
meeting, and shall be there read by him, if the same
shall be required by the meeting. .

Sec. 49. The Justices of the town, ora majority of
them, and the Town Clerk, shall, on. "the ‘Tuesday pre-
ceding the annual town meeting, in each year, exam-
ine and andit the accounts of the Supervisor for
moneys received and disbursed by him. The accounts
so audited, shall be filed in the oftice of the Town
Clerk, as above provided. .
‘AUDITORS’ CERTIFICATE—FIRE COMPANIES.

255

“These accounts must be verified. by affidavit. The Afdavit

town is credited with all moneys received by any
town officer, and charged with all moneys paid out on
account of said town. The Supervisor has a book pro-
cured at the expense of the town, called the Supervi-
sor’s Book, in which he keeps his accounts with the
town, as they occur during the year. The Town
Auditors examine his account, and enter their certifi-
cate in such book.

Form of Auditors Certificate.

PrrrsrorD, Feb’y 27, 1849.
This day appeared before the undersigned, Board

of Town Auditors, Charles Dunham, Overseer of

the Poor, of the town of Pittsford, and exhibited his ac-

counts, and having examined the same, we did audit
the same as above, by which we find that there is now
in the hands of the said Overseer of the Poor, belong-
ing to said town, the sum of forty dollars, (or by
which we find that there is due to the said Overseer
of the Poor the sum of forty dollars), or if the account
is balanced say (by which we find that he has dis-
bursed all moneys received by him for or on account
of said town.)

Fire Companies—LHow formed. Act of 1845, p. 264.

The Supervisors and Justice of the Peace for the Fire compan-.

time being, of any town in this State, may appoint ing

town, not exceeding forty to each fire engine, which
may be procured: forthe extinguishment. “of fires in
the said town : the persons.so appointed, shall be fire-
men of the said town ; but no. such company shall. be
formed pursuant to this act in any incorporated city
or-village.; and all such firemen, and all the members.

2 . how to,
forme! in.

writing, any number. of the inhabitants of the said towns
256 FIRE IN WOOD—JUSTICES OF THE PEACE.

of any fire company, or of any hook and ladder com-
pany, appointed pursuant to any law of this State,
shall, while they are such firemen or members, be ex-
empt from serving on juries in courts of record, and
except in cases of war, insurrection or invasion, from
militia duty.

Firein Woods.

When woods ‘Whenever the woods in any town shall be on fire,

on fire, Su-

pervisor to it shall be the duty of the Justices of the Peace, the

tantstoassist SUPervisor, and the Commissioners of Highways of

gushing it, SUCH town, and each of them, to order such and so
many of the inhabitants of such town, liable to work
on the highways, and residing in the vicinity of the
place where such fire shall be, as they shall severally
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.

Justices of the Peace.

Classification After the election of Justices in a new town, or if
of Jstee™ the electors shall have failed to designate on their bal-
lots, (where there is more than one to elect) which is
for the regular term, and which for the vacancy, the
Supervisor shall give six days’ notice to such Justices
so elected, to meet and determine by lot the classes of
such Justices. Atsuch drawing, if any of such Justi-
ces shall fail to attend, the Supervisor shall draw for
him.
See 1 R.S., 110, 111, act of 1829, p. 5455 act of
1880, p. 349 ; act of 1833, p. 392.

County Prisons.

By the act of 1847, p. 596, it is made the duty of
the Inspectors of State Prisons to visit the County
Jails, and in their report to make suggestions as to the
improvements necessary to be made therein, and they
are required to leave a duplicate copy of such report
PUBLIC HEALTH.

and suggestions with the County Judge, who is to
cause a copy of the same to be delivered to the Clerk
of the Board of Supervisors ; but by the act of 1849,
p- 482, so much of the act of 1847 as requires the In-
spectors of State Prison to visit county jails is repeal-
ed; but although not required by law to visit the
county jails, yet should they do so, they are required
to make and file the suggestions aforesaid.

The 2d Section of the Act of 1849, p. 482.

Provides that it shall be the duty of the Clerk of
the Board of Supervisors to present such report and
suggestions, (so endorsed by the County Judge,) to the
Board of Supervisors at their next meeting, who are
authorized and required to cause such alterations to
be made in the plan and construction of the jail or
prison of such county, and such additional rooms to
be constructed as shall have been so suggested and
approved by the County Judge, and as shall be neces-
sary to remedy such deficiencies, and to levy and
cause the expenses so to be incurred, to be assessed
upon the county as other county expenses are levied
and assessed. In all cases where there shall exist any
deficiency in room or apartments in such county jail
or prison as is required for the classification named in
this act, it shall be the duty of the Supervisors to cause
such deficiency to be supplied without unnecessary
delay.

Public Health. Act of 1849, p. 521.

Sec. 1. Provides that the Governor of the State of
New York, is hereby authorized, if in his judgment it
shall be deemed expedient, at any time during the
recess of the legislature, to revive and continue in
force for one year, the act entitled “An Act for the
preservation of the public health, passed June 22d,
1832,” and if he shall do so, that said act shall take
effect immediately on the issuing of such proclama-
tion.

17

257
258 LEGISLATIVE RULES.

See Act of’ 1832, p. 581, 2, and 3.

Expensesin-§ § 9 Of said act provides that “ All expenses now
boards of incurred or to be incurred by the several Boards of

heaty ine LLealth in the execution of this act shall be a charge on

County. the respective counties, and shall be levied, collected
and paid under the direction of the Board of Supervi-
sors of the respective counties, in the same manner as
other county charges are levied, collected, and paid.”

Legislative Rules.

The compiler recommends the adoption of the fol-
lowing rules and orders by the several Boards of Su-
pervisors :

RULES AND ORDERS

Zo elect 1, At any annual meeting of the Board, upon the
appearance of a quorum, a chairman pro tem shall be
chosen, and the Board so organized shall, by a majori-
ty of the votes of the members present, elect a chair-
man, who shall preside at such meeting, and in all
other meetings held during the year. In case of his ab.
sence at any meeting, or in case of a special meeting
of such Board before the annual meeting thereof, the
members present shall choose one of their number as a
temporary chairman; and in all cases of the absence
of a quorum, the members present may take such meas-
ures as shall be necessary to procure the attendance
of absent members.

Stoning =. The following standing committees shall be ap-
pointed by the chairman at the commencement of each
annual session : '

1. On equalization, 8 members. !
2. On Constables’ claims, No. 1, 8 members.
38. On Constables’ claims, No. 2, 3 members.
4. On County claims, No. 1, 3 members.
LEGISLATIVE RULES. 259

5. On County claims, No. 2, 3 members.
6. On Poor-House and Superintendent’s report, 5
members.
7. On Treasurer’s accounts, 8 members.
8. On Sheriff’s and Clerk’s accounts, 3 members.
9. On United States’ Deposite Fund, 8 members.
10. On Town accounts, 8 members.

3. At any meeting of the Board, upon the members Reading the
being called to ortlex by the cater, the minutes of ™*****
the preceding day shall be read,.to the end that any
mistakes therein may be comected: by the Board.

4. After the reading and approving of the minutes, Order of
the order of business, which shall not in any case be
departed from, except by the unanimous consent of the
Board, shall be as follows :

. The presentation of petitions.

. The reports of standing committees.

. Reports of select committees.

. Motions, resolutions, and notices.

. Special orders of the day.

. Unfinished business of the preceding day.
. Unfinished business generally.

. General orders of the day.

OAT oS Ot HP OO bo He

5. The chairman shall cause the clerk of the Board ry. penerat
to make out a record of all resolutions, reports of com-gy.* *
mittees and other proceedings of the Board, which are
committed to a committee of the whole Doan, and
which are not made the order of the day for any par-

ticular day, which shall be called the general orders of

the day.
6. All questions relating to the priority of business, priority of
shall be decided without debate. aac

7. The chairman shall preserve order and decorum, chairman to
preserve

and shall decide all questions of order, subject to an order, &.
260

Chairman’s
vote.

Order.
Reading of
papers.

Adjourn-
ment.

Order of
Speaking.

Right of
Speaking.

Members en-
titled to
speak.

Order and
silence.

Calls to order

and appeals.

LEGISLATIVE RULES.

appeal to the Board. " He shall have the right to name
any member to perform the duties of the chair, but
such substitution shall not extend beyond the next ad-
journment.

8. The chairman in all cases shall have the right to
vote ; and when the Board shall be equally divided,
including his vote, the question shall be lost.

9. When the chairman is putting a question, no
member shall walk across the room, or out of the meet-
ing. When the reading of a paper is called for, ex-
cept petitions, and the same is objected to by any
member, it shall be determined by a vote of the Board
and without debate.

10. When the Board adjourns the members shall
keep their.seats, until the chairman shall have left the
chair.

11. Every member, previous to his speaking, shall
rise from his seat and address himself to the Chair.

12. When two or more members rise at once, the
Chairman shall name the member who is first to speak.

13. No member shall speak more than once to any
question, or in any case, until every member choosing
to speak shall have spoken, nor more than twice in
any case, without leave of the Board.

14. While a member is speaking no member shall
entertain any private discourse, or pass between him
and the Chair.

15. A member called to order shall immediately sit
down, unless permitted to explain. If there be no
appeal, the decision of the Chair shall be conclusive ;
but if any member appeal to the Board from the
decisions of the Chair, the Board shall decide on the
case without debate, if the question on which the ap-
peal was taken was not debatable, and the question
LEGISLATIVE RULES. 261

shall be stated by the Chair to be,—shall the decision
of the chair stand as the judgment of this Board?

16. Every member who shall be present when the Memtere en-
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, if he

choose, be excused from voting. No member shall be
permitted to vote upon any question unless present,
when upon a division his name is called in its regular
order, or unless he appear in the Board before the
decision shall have been declared by the Chair.

17. Petitions, memorials and other papers addressed Petitions,
to the Board, shall be presented by the Chair, or by a &-
member in his place.

18. Every member, previous to presenting a petition eee
or memorial, shall endorse on the same, the substance &. :
thereof, and add his name ; the Clerk shall then read
the endorsement, after hich the Chairman shall put
the question on the reference of said petition or me-
morial.

19. No motion shall be stated, debated, or put, un- motions.
less it be seconded. When a motion is seconded, it
shall be stated by the Chairman before debate, and
every such motion shall be reduced to writing if the
Chairman or any member desire it.

20. After a motion is stated by the Chairman, it Withérawal
shall be in the possession of the Board, but may be
withdrawn at any time before a decision or amend-
ment,

21. If the question in debate contain several dis- Division of
tinct propositions, any member may have the same wee
divided.

22. When a blank is to be filled and different sums Filing

or times are proposed, the question shall be first put
upon the largest sum and the longest time.
262

Motions
when receiv-
able.

Motion for
previous
question.

Previous
question.

Adjourn-
ment.

Entries on
minutes.

Appoint-
ment of
Committees,

Ayes and
Noes enter-
ed.

LEGISLATIVE RULES.

23. When a question is under debate, no motion
shall be received, unless for the previous question, to
postpone it indefinitely, to adjourn it to a day certain,
to lay it on the table, tocommit it, to amend it, or to
adjourn the Board.

24. A motion for the previous question, to lay the
question on the table, or to commit it, until it is de
cided, shall preclude all amendment and debate of the
main question ; and a motion to postpone a question
indefinitely, to adjourn it to a day certain, shall until
it is decided, preclude all amendment of the main
question.

25. The previous question shall be as follows: Shall
the main question be now put ?

26. A motion to adjourn the Board shall be always
in order, and shall be decided without debate.

27. In all cases where an order, a resolution or
motion shall be entered on the minutes of the Board,
the name of the member moving the same shall also
be entered on the minutes.

28. All committees shall be appointed by the Chair-
man, unless otherwise specially directed by the Board,
in which case they shall be appointed by ballot ; and
if upon such ballot the number required shall not be
elected by a majority of the votes given, the Board
shall proceed to a second ballot, in which a plurality
of votes shall prevail ; and ik case a greater number
than is required to compose or complete a committee
‘shall have an equal number of votes, the Board shall
proceed to a further ballot or ballots, as may be neces-
sary.

29. The Ayes and Noes upon any question shall be
taken and entered upon the minutes, if required by
any member before the voting commences.
PARLIAMENTARY RULES. 263

30. Select committees to whom references are made Select Com-
shall in all cases report a state of facts with their
opinions thereon, if’ required by the Board.

31. If at any time whea in committee of the whole Absence of
Board there be not present a quorum to do business,
the Chairman shall immediately report that fact to
the Board.

32. No motion for reconsideration shall be in order Motion tore-
unless on the same day or the day following that on
which the decision proposed 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 sub-
ject be a second time reconsidered without unanimous
consent.

33. No standing rule or order of the Board shall be Altering
rescinded, suspended or changed, nor any additional
tule or order added thereto, unless it be by unani-
mous consent without one day’s notice being given of
the motion therefor, and no motion to that effect shall
be in order without such notice.

The above rules are copied from the legislative rules
of the State, so far as applicable to Boards of Super-
visors, and so arranged as not to conflict with the
statute law relating to Supervisors’ duties.

If adopted by one Board, they will not necessarily
be binding upon a subsequent Board, unless adopted
by such Board. They had, therefore, better be adopted
annually.

Parliamentary Fules.

1. When a question arises involving the right of a contestea
member to his seat, the certificate of the Town Clerk, Que™™.
certifying who was declared by the presiding otficers
elected, would be conclusive.
264 PARLIAMENTARY RULES.

Quorum. 2. A majority of all the Supervisors elected consti-
tutesa quorum. 1 K.S., 367.

Call to order 3. When any rule is disregarded, any member has
a right to notice it.

Organization 4° Tn organizing a Board or Assembly, the Clerk
conducts the proceedings.

Chnimee 5. The presiding officer may read sitting, but should

to put a” rise to state a motion or put a question.

Ger'sduty 6. The Clerk or Secretary is to make true entries of

astomn. all the things done, but he is not required to take
minutes of particular speeches, or to make entries of
things merely proposed or moved without coming to

a vote.

[Norz.—This is the rule in Legislative Assemblies,
and would apply to a Board of Supervisors, but in de-
liberative assemblies it is expected of a Secretary that
his record be both a journal, and in some respects, a
report of the proceedings. The Clerk should stand
while reading or calling the Assembly. ]

Punishment % Members may be punished by reprimanding, ex-
of members clusion from the assembly, a prohibition to speak or
vote for a specified time, and expulsion.
Motion with- 8. When a motion is made, seconded, and stated by
drawn. the chair, it cannot strictly be withdrawn without
leave of the assembly.
Amendment, 9. An amendment to an amendment is allowable,
‘ but there can be no amendment of an amendment to
an amendment.
Fivileged 10. Privileged questions, that is, motions to ad-
" journ, questions relating to the rights of the assembly
or its members, and motions for the orders of the day,
are always in order. ,
Dissolution. 11, A motion to adjourn without fixing the time for
re-assembling, amounts to a dissolution.
Amotionbe- 12. When a question is interrupted by an adjourn-
fore the nen ment before any vote is taken, it is thereby removed

it is adjoura- from the assembly, and must be brought forward
priority, again in the usual way.
PARLIAMENTARY RULES. 265

13. The report of a committee is read by the Chair- Repert,of «
man in his place, and then handed to the Clerk and
read by him, if desired by the assembly.
_ 14. The first question on a report is in strictness on Receiving
its reception, though in practice this is usually waived."
15. The final question on a report is its acceptance Accepting or

or adoption. por,

[Norr.—Many, in deliberative assemblies, have sup-
posed it necessary to move that a report be accepted
in order to have it in the possession of the house, but
this is a mistake. When a report is accepted, it is
adopted to all intents and purposes ; as soon as a re-
port is made by the Chairman, it is, according to
usage in possession of the house; but if any member
objects to its being then made, some other member
moves that such report be received, and then follows
the motion, that it be agreed to, adopted, or accepted,
which terms mean the same thing.]

16. A previous question cannot be amended. Previous
question.

17. The previous question cannot be moved while When previ-
a motion to postpone, commit or amend is pending, 9% question
unless in virtue of a special rule.

18. No member has a right to interrupt another no member
while speaking, to make an explanation, he shall wait *f22),

until the member speaking has finished ; and if a ancther

¥ while speak-
member, on being requested, yields the floor for ex- ing

planation, he relinquishes it altogether.
19. No person in speaking is to mention a member y, sont to
then present by his name, but to describe him by his calls mem-
. er by name,
seat, or some other way; nor is he allowed to make
personal remarks.

1 The perso:
20. The person first named on a committee, acts as The person

its Chairman ; but this is a matter of courtesy, every on Commit-

committee having a right to elect its own Chairman. man.

21. A committee is properly to receive directions Tie aa

from the assembly as to the time and place of meeting, Meeting of

Committee

and cannot regularly sit at any other time and place. {mise
266 PARLIAMENTARY RULES.

bie 22: The report of a committee being made and re-

Whena _ ceived, the committee is dissolved and can act no

Souunitt??'* more without a new power.

Form of the 23. The question being stated by the presiding offi

eared cer, he first puts it in the affirmative, namely: As

officer. many as are of opinion that, (repeating the words of
the question,) say Aye; and immediately all the mem-
bers, who are of that opinion answer, Aye; the presid-
ing officer then puts the question negatively: As many
as are of a different opinion say No, and thereupon
all the members who are of that opinion answer, No.
The presiding officer then decides how the question is

carried.

[Nors.—The form of putting the question is not ma-
terial, if the question be, understood. The following
is sometimes used: Gentlemen in favor of the ques-
tion will please to say Aye; those opposed will please
to say No; or as many as are in favor of the question
will say Aye; as many as are opposed.to the question
will say No.]

The above rules are selected from Cushing’s Manual.
If any questions arise which cannot be suited by the
Rules and Orders of the Board, and by the above
rules, reference may be had to Cushing and Jefferson’s
Manual.
ERRATA.
On page 35, under sec. 4, instead of “day,” read “ year.”
On page 198, fifth line, instead of ‘ lien,” read “lieu.”
On page 241, instead of “ p. 192,” read “preceding pages.”
On page 128, instead of “ Mendoa,” read “Mendon.”
On page 287, the words “see p. 128,” to be erased.
APPROVAL—
of constables’ bond,.... 1.2.0. -2--- anne ene wenn cece ewes
form of approval, ...-....2. ccc cence wenn een e cone eenees ;
AFFIDAVIT—
to fence viewer's certificate,. ....-.--..--ccecnceee cocees
to county accounts, .... 12. .ce. eee eee cone cece neces
to town accounts,.... (21. cece eee cece cen ween een n ewes
of commissioners of highways of the posting of notice,....
of posting of notice to raise money to build town house,..-.

  

of valne of property for assessors, .. sine Sigs'iate
of posting notices for a new town, .....--2.---. -+----06-
of town accounts, for moneys received and paid out,......
to be taken by clerk of the board,.....--.-..-..2.-----6

ANNUAL MEETINGS—
to be fixed by the board of supervisors,...............-.
ADJOURNMENT—
Of Hard, oo. a owns goa seccesecewsse cups des see ocd sacs
AMENDMENTS—
a8 to dog tax)... cee seen ncee coe cece cen nececee aigioasice
ACCOUNTS—
town accounts to be audited by town board,.............
town auditors when to meet,.... 2-2. -.-- -e-2eeee eee eee
town auditors to audit their own accounts,.........-.-..-
form of town auditor's certificate, ......20--0- eee eee wenn
presented to board of supervisors, -----.-------.--------
affidavit attached thereto,.... 22. wee neue cnn e enon nc eve é
of board of supervisors to be verified,..... vie
no account shall be audited unless verified, ......----.---
in criminal cases shall state where offence was committed,. ..
for crimes less-than felonies chargeable to the towns, .....
for crimes for felonies chargeable to:counties,.--.--------.
shall be numbered,....-..-0- ---- ---2 - oo conn cows wena
for moneys received and disbursed'to be audited,.........
auditor's certificate, .... cece cone cece cece cece eee c ene e ne
-ASSESSORS— .
assessment districts,............- eeise wbias eae Ramesses dic
inquiry to be made,.... 22-2220 cece cence ceee nee e eee eee
assessment roll,......-- 2-20-00. cone cans came snes wen nee
copying same in a county‘charge, .....--...-.. eeeinccce cs
trustee, guardian, dic.,. 1... cose cece cane eens cone cone eens
lands of non-residents,........
‘survey of non-resident lands, ........

  
 

 

204

255

153
153
153
176
156
154
355
270 INDEX.

ASSESSORS—
affidavit of value of property,
rule-of valuation, se. 2 ensans se sue owe ewe seeas keer aeems
roll when to be completed, and notice, ....-.-........---
contentsof ‘notice, 0% cose cece x cseeosewesa Seana oeacin
agsessors to meet. and review,
affidavit, before whom made,
roll to be delivered to supervisors, -..:.....22- .ese-e----
form Of affidavit) aie qeesmencnces saaieseeveces sien seksi

 

 

companies liable to taxation, ........---- .-ee eeee enna ne

stock how assessed jcc. sietissnes ccacisencieiaak viacia steers esis

LO ASHERS TON (Sieiays in sure ames me ertiem eps (Gatis aken oemeeews

their daily payycss soon secs soem osee seen ews acemneeweiss
ASSESSMENTS—

to beccorrected jcc." waive ewern cei e is Saeiecienleiewiarsciews nsec od
AMeNded ACH eases antsy eevemaieneesens oa qete
ont railroads, co. sekcuses came eovalvetendeaeraueries sea
on incorporated companies,.... ..-.---- +20 sese eens cee
ACTIONS—

for or against counties, shall be in name of supervisors,.. .
against towns process to be served on supervisor,......-..

“« counties, to be in the name of the supervisors,.....

“ “ process to be served on chairman,........

B

BONDS—
of town collector to pay over military moneys,..-........
of collector to pay commutation moneys,......-..... -+-
by superinbiadants of the poor to be approved by supervi-

BOT) 2/5 wea yore an sacle

  

; time extended to give bond and take oath,. See ecrs :
of.county treasurer,.....-....-- Sdravelelamiaha:ctevanoisieie airless
Of Constables) 3.3 ccctc amuses, voce ene tend vane siewene's

of commissioner of highways,.....-...--.---.---2se----
BRIDGES— :

powers of boards of supervisors as to bridges,.........-..

notice to be posted, ... 2.2.1 cee cee e cone eee ene ene eeee

published, 0 secs cine ccnieeaeeae seeteccee

decision of board to be reviewed by sessions, ........-.-.
BOARD OF HEALTH—

board of health,.... 2... 222.220 cece sees cee eens cence ee
BOARD OF SUPERVISORS—

majority: to decide,.. 2.2 c2scnsewccdieaw sinc wees ccedisces

meeting to be public,.... cee. ..-- cece eenn cone eenn ceeees
to choose a chairman, .-.-. 1.2. .2.2 2 seen nnn tee wen e cone
to appoint a clerk,........ fee eee cane ene cneeen Sicisesie

to repair court house, dic.,.... 22... 2 ese e eee eee eee
organization thereof,.... 2.2.0.2 see. een e enn e cece tenes
town moneys Voted, .... 22-222. eso. een wee e nen e nee ene
accounts presented to,........

resolutions to raise state tax,
decision as to bridges to be reviewed by sessions, .-......
to possess legislative powers in certain cases, (new act,) ...
has power to alter the bounds and erect new towns,.......
to be furnished with map and. survey of towns affected, .. -

 
 

PAGE.
155
156
156
156
157
157
158
158
160
160
169
116

424
159
160
160

191
191
192
192

96
97

176
176
177
10
ll

110
116
117
212

144

121
121
121
121
122
125
126
127
142
212
213
213
213
INDEX. 271

 

 
 
  

   
 
 

 

BOARD OF SUPERVISORS— PAGE.
proceedings to be filed in secretary's office,.... ....---- os 213
notice of application to be posted,....-.---2 +--+ sees =e 213
name of new town to be designated, dc.,.....------- +--+ 213
to fix the time and place of holding annual meetings,-.... 213
to pass law relating to wild beasts, thistles, dc, .....--.-- 215
to require county officers to report,.....---.-2..06 215
may change location of public buildings,......- 216
to adopt seal,.... 220. cee eee cee cee cee cee ewe scene 123
to correct assessments,.... 2222 eee cee eee wee cee wees 124
special meetings,..-- .--- 2 2.20. nee eee wee cee cee ee 65
every resolution to be signed and recorded, .....---.--.-- 216
form of return to secretary of slate... 2.2.2.2. -2----0e- 224
officers in new and old towns, .-.-..- 1... .20- ween eee eee 294
form of notice for first town meeting in new town,........ 225
proceedings to change location of public buildings, ......- 226
to fix compensation of coroners,.... .-..---.. sae 226
rules and orders of the board,... é asi 258
parliamentary rules, .... 0-2-0222 econ eee e eee cee cone 263
affidavit to be made by members,.....-..-22...-.----5-- 253
torappoint:, printers, . 222. ssc. cc las tec delsecie gees thm eee 181
powersienlargred ew cs ceased teh deuteron aegewen ss Q17
have power to compel witnesses’ attendance,..........-.- 217
have power to send for persons and papers, ........-.---- 219

BIRTHS, DEATHS AND MARRIAGES—
pay of town and district clerks,.... 1... see0 eee - seen sees 238

Cc

CLERK—
of board to deliver abstracts to superintendents of poor,..- 8
of the town, duties of,.......- 022-6 20 oo econ eee eeeee 105.
of town meeting to enter resolutions, -.. 105
of the board of supervisors, his duties,..-.. QUT

“ it «his compensa’ 122
of board of supervisors, to send copies
secretary of state,..........-..-.- tees 207
of board of supervisors to make statement as to pay of
MOM DOTS; case cwes wake since Seine Mais. sec eae ec esse e ee 207
of board to take affidavits,.... 1... 22-202 cone ene e eee ee 123

CONSTABLES—
to give bail to be approved by supervisor,......-..----.--- 10
bond, form of,....-.-..--- ---- (eniguied meiddcmiaade ested feiwiels 10
act of 1836, fixing certain fees,......-----. 22-02-02 eens 198
no travel fees for serving subpcena beyond county,....--.. 205
fees in highway cases,... 2.22. 22-2 seen eee eee eee eee ee 208

« other cases,.... ....-.--2-- bi araieaie aieiayeavne. sya eye 227
& — Gritiinall Cases). oie2 cece ceeic cee san sca aces samen 231
committee on constables’ claims, ......-.-.-.-.---+----- 234
mileage allowed both ways, 236
report of committee,.........-2. .. 2-2 ee ee erence eee e ee 236

COMMISSIONERS OF HIGHWAYS— :
report to sUperViSOlS,... 2... 2... ee pene ene nee cece eens 110
to give bail to be approved by supervisor, ..........-.-.- ll

to exhibit estimate to town meetings, ..........---.e0.0- 116
272 INDEX.

COUNTY JUDGE AND SURROGATE—

EleChiON OF sjccac sncdiscscseeccccbed Semeass Kees Shas SeeewE

board of supervisors to fix salary,......-+---+-0+- eee

PesOlUtion GF DOSTH,....0<0.neecde aces ween nwueeme acme &
COURTS—

the supervisors to furnish lights, attendants, c&c.,..........

to charge grand ee as to fees of public officers,.........
COURTS OF SPECIAL SESSIONS--

single magistrate to hold same,......--..-----+e-0+-----

judgment for costs against complainant in certain cases,. -- -

no examination necessary where he elects to be tried by

PUSLICE, 5 croecira car cea scisoassene -oMiess aeeomeeansese 3

COUNTY OFFICERS—

suits to be in name of supervisors,.-..-..---------------
COMMON SCHOOLS—

ACt Of, 1856, saieiercc cciciecwieceic ae aces ae seeeconciewe senees

election of school commissionersy... .------+--+2---eee+-
COMMON SCHOOL AND DEPOSITE FUND—

common school and deposite fund,..-..--.--------+-----

COUNTY CLAIMS—
specially enumerated, ........ Sete. deeuceneeseeeccacuas

COMPTROLLER—
may require correct returns of lands,.......-.---.-------
to make regulations as to transmission of funds from coun-
ty treasurers, ...- .--- 22+ ee ee eee e eee ee eens cee eee
to pay expenses thereof,.... 122. ...0 202 eee e cee eee e nee
to logan money to towns and counties, .....--.....-------
securities to be taken for loans, .....-...--.---0 eeee ee eee

COUNTY TREASURER—
shall keep an account with the towns,..-..-..--. -.+--0+
shall keep an account with superintendents of poor, ......
to lay same before board of supervisors, .....--.---------
ito be elected at general clection,.........-.-----0e-seee-
vacancy in office filled by supervisors,.... .-..---+------
“pond to be given and approved by supervisors,.... .-...-
sin what counties to be elected,....
-duties of county treasurer,
rto render annually to supervisors his account,
-bond when to be suled,..-. 22. 22.2 cee. cone teen eee e eee
moneys recovered, how disposed of,.........------------
“fees to be fixed by board of supervisors, ....-.2.---------
fees asto chancery fund,.... 02.200 ee. eee ee eee eee ee
. duties as to moneys paid them by coroners, .........-..--
to lay expenses to preserve order before supervisors,....---
iveport on treasurer's account, .-.-.------+ ---+ se-+---eeee
-committee on treasurer’s account to audit his account,.....

‘CORONERS—
to deliver moneys, &c., to county treasurer, ...........--.
to deliver inventory to supervisors, verified by affidavit,.. .
such inventory to be.delivered before accounts audited, ...
fees to-be fixed by board of supervisors,.....-.. 220.20.
COUNTY SEALERS—
the expense of standards to be paid by counties,.....-..- .
vto be appointed by supervisors,.... seas wees enee cee e nee .-

  
 

104

180
180
217
Q17

173
173
174
178
178
178
177
178
178
179
179
181
183
184
199
240
240

184
184
184
185

185
188
INDEX.

TOWN SEALERS—
to be appointed by supervisors,
COMMISSIONERS OF LOANS—
canttot hold the office of supervisor,.....-....--.0-------
supervisors shall HE additional security in certain cases
are required to exhibit to supervisors all mortgages, dc.,...
supervisors are required to examine the same,

i penalty for neglect to give further security,.....---...---+
COMMITTEE ON CONSTABLES’ CLAIMS—
to see that account is properly charged,
mileage allowed both ways,
ODCIAIMS) satesrracis .ca8ccks Sesto coed S220 Kees see seee see
COUNTY CHARGES—
to be made out.in items,.... 1... ..22 cee woes cece eee e eee
enumerated secre ccoc 3. sb, crteeatinio-eeeemsaceecesiekete
to be audited by supervisors,........ 2.222222 ---- 22-0005
moneys to pay same, how raised,........ ..-..---0------
expenses under the act to preserve order,

copying assessment roll,.... 2... ses. eee veee cee eee e eee
COLLECTOR OF TAXES—
duties as to notices, fees, &c.,.... 2225 caee cone cone eee ee

collector’s warrant, its contents and form,
collector to put up notices, .....-.- see ene cee cence eee ee
collector’s bond and the form thereof,

COSTS OF JUSTICES—
when chargeable to county, when to town,.............--
CRIMES--
punishable with death,.... 2... .---.22--ceee- ee eee e eens
punishable in state prison,....--...--.-------- ++ veeee
County priSONS,.... 222. cee een e eee nee cede ween ee ceee ee
COURT HOUSE—
to be erected by supervisors,....---- -.0+ eee cone wenn eens
to remove, or designate new Site,.....--.+--- ------
COURTS—
supervisors are to provide room, d&ic.,.. 02. ..7- eee sees --
COUNTY CLERKS—
fees of county clerks,.-.. 122. ---- 22+ eeee ceee ceee eens
fees of county clerks,.......- ---- <2 eene eee te ese eee ee
county clerk’s charges enumerated, ......-. .---------+---
the committee’s report thereon,.......-..------- -----

COUNTY PRISONS— :
inspectors to file report, and supervisors to raise money,..-.

D

DUTIES—
of supervisor as to town accounts,....--------+--+- waves
DOGS— ee
sheep injured by,....--.--- 20-2 e----- +200 sees cree cece
application for damages to sheep, how made, ...-.....
payment of damages to be ordered by Supervisors,
if damages received of owner of dog, then to be refunded,

18

   

189

205
245
205
249

211
211
211
256

214
214

95,

232
232

241
256
274 ; INDEX.

DOGS— :
chasing sheep to be killed, .-....--.--------- — sree sees
penalty for not killing dog,......-. sislareisicte'ait joreis'ets
when justice may order dog killed, ...........------0---
penalty for neglect,.... 2.22.22. ---+ eee pene eee eee eee
every person in possession shall be deemed owner, .....--
form of fence-viewers’ certificate,.......--.---0- eee eens
tax amendments thereto, ....------0----- eee ene eee ee

AMGAVIt OF OWDE!,, janie cancicescacceinedinicocivciecicasticns d
DEAF, DUMB ayn BLIND—

additional number to be received, .... ..20- eee enn eee

part of school fund to be given managers, .... .---.2---.+

resolution of the board of supervisors,..-.-.-.----- s+---

DISTRICT ATTORNEY—
fees of district attorney,...- 1-22-20 --e scene eee eee e eens
certain counties excepted,
bench warrant and subpcenas,
other fees,.....--. .....-  sleleernajetacie tymin sees edd cece es
Billets be“taxed 52sec Goew cicwiev eae d ueacesemeele otis
district attorney to be examined,......-..--.-.-.-------
to serve copy of bill of costs on clerk, .........--..-----
to file acopy of his bill in office of Secretary of State,....
in counties where board fix salary,..-..-....-+2----+eee-
form of resolution fixing salary,..-.-------.--------+---
to send subpcena to sheriff of foreign county,.........-..
to cause witnesses to be recognized,......------------0-5

DAMAGES—
for laying out highway,..... 1-22-20. ceeee enn nee eens

DEATHS, Births and Marriages, ........----.--- 2-2 sees ee ee ee

DEBENTURES—
committee to report amount due each supervisor........-.
affidavit of superviSors,.... ..0.- 2-2-2 - eee e eee een canes

  

E
ELECTIONS—
of county judge and surrogate,.........-0------+-ee----
EQUALIZATION—
when state tax is raised, equalization ought to be low,....
resolution of the board of supervisors, -....-...--.------

supervisors to deliver corrected roll to supervisor of each

LOW oad. cise Stake ar taveetiorwcjed emis eee Recieis Seite
committee to add assessment rolls,
equalization not to be less in county than amount assessed
where no state tax, equalization to be raised,.........--.-

 
 

corrected assessment roll,.... 0.2. 2-22 eee eee eee eee ee
do. do. how made, .... ------..--
ERIE COUNTY PENITENTIARY—
BCU LOD) na cic acscicnie: aso ueece hus wclcacdere sida seers OWE Gerla soon
EXPENSE—

of supporting county poor, how defrayed,......-..20.--»
ELECTION LAW— '

supervisors and others to meet first Monday of October,...

town officers to post notices in eight public places,........

192

202

208
238

253
253

86

143
142

164
166
143
167
168
168

66
174

251
251
INDEX. 275
ELECTION LAW— -

 

 

PAGE.
form of ‘election notice,.... 2.22.20. eee ccee ones ceee cece 251
supervisors, one of the board of county canvassers, ......- 253
inspector of elections how appointed, ..........20se0eces 253
F
FORM—
of report,....... as einies siarisisisieewe ons Sewieiecs cdeedieees 8
BENOW VW ERE CERTIFICATE—
or damages to sheep,.... 220. eee ween cee cece nece cece 31
FEES— Ee :
of county treasurers to be fixed by board of supervisors, -.. 181
Of collectors, .... 12. neee eens ccnccccc sca ceceecnacccue 206
OF PTIntersy & sacssainio;scisicicsaaciocnasow serene alejucyeienes ewe 181
of county treasurer of Monroe county, .............--.- 182
of certain judicial officers, .... 000. lee. eee e eee eee eee 96
of county treasurers, as to funds in hands of clerk of court
OF appeals) wise cc wesc cation ensued a cucedr eure seme auccie 183
of justices of the peace in crim 204
oo “ 208
town clerks in highway cases, 208
Of JULOYS, S550. ene cease ewe we 208
constables in highway cases,.....-...202-ce-eceesnee eee 146
es in criminal cases, .........20- 2220 eeee eens wee 198
OF SUPEIVISON Sy: v5. sens dar ceassnces ese ncece deen cece cn 226
Of printers).cocc.o0enyaouiye soe hese seb hatee ses woes cue mays 227
of constables) 2 o2ci2ceuscu<GasasscetccoemeusicessnSen Seas 205
of sheriffs in criminal cases,....--..2----------0 22-0 cece 228
of justices of the peace,.... 1.02.2. een e cee cee coon ween 229
of county Clerks, < -cc.o005 ceca cetiwecceerteedece secede 232
new act to increase justices’ fees, .........-.-.2.0--025-- 230
VEDLONY —definied yates bauc conc celowece Giese Vaan ve semelyaced eas 211, 241
FIRE COMPANIES—
supervisors and justices may appoint, ........-.-.....--- 255
FIRE IN THE WOODS—
supervisors and justices may order ont inhabitants,....... 256
FINES—
collected at work house to be paid county treasurer,....... 64
H
HIGHWAY—
commissioner to give bail, 11
NON=Tesident tak, od vc cancescwaesesacewed seas saad gamed V7
damages may be settled by commissioners and owners, -.. 209
costs, by whom to be paid,.....--..-0- 20 sere cece eeeee 209
damages to be audited and assessed by board of supervisors 210
costs, When paid by town,.--- 2.0 -22- eee een eens eeeee Q11

I

INSANE ASYLUM— :
poor, but not paupers, sent by first judge, ..... esis Seige 145
when gent by friends, counties to support after 6 months, . 145
276 INDEX.

INSANE ASYLUM—

term of admission,.....--. ---- 2222-222 eee coee cone enee
clothing and bodily cleanliness of patients,.-........-.-+
criminal persons, and persons under sentence,.........---

ersons imprisoned, and price for keeping,..-..-...--.---
iability of persons supported,....-.-.---..-2----. eens
certain patients to be Epo by counties,.........-...
expense of the removal of patients, .......-.--..-.------
expense of. supporting lunatics, how recovered,.....----..
powers of chancellor, .... 00.2222 222-222 een wae eens

IDLE anp TRUANT CHILDREN,,.._. 122.2222 22.0 eee e ence eee
of commissioners of highways,.....---...---+.------+5 <

INSURANCE—
of public buildings, -...... wiseedeeaeseeiese Seeser esa

JURORS—

who exempt,-.-..------- a mpleinmblemigeae tacos wise
canal officers exeMpt)c..nsonesascascsascesceseaessa=
aliens, "| UE madnisigetiecctemesieeseeesceeelics
militia Officers. poste waconacmnccacescose re tess
officers of salt works exempt, -.--------- foesuusetescaad
town officers who are to return jury list, --..------------
qualifications of persons selected,........-.-.----------
property qualifications in certain counties, ......-.----..
duplicate lists to be made and filed, ---.--.-------------
new lists in every third year,......--.-----------------
grand jury list to be prepared by supervisors, -...-...---
who to be placed on grand jury list,_.....--------------
contents/of lists,..<..00 ssscsceeeueesoeeeesescescenias
not entitled to pay in laying out road,---..------- presets
fees in highway damages,.--.. -----------------------

“ for attending courts,.....-- useaocwleus Bezezeeuss

JUSTICES OF THE PEACE—
when to order dog killed,.--. -..-------+--------+----
when subpena in criminal case issued, to be endorsed, . -__
costs, when chargeable to town, and when to county,.---.
“ “ “ ity

fees in criminal cases,_.-------- apeseideeenrebeseeaceee!

a “ I Lah i ah aan pag Na Patan al atid
fees in special sessions,.....-----.!-------------------
classification ithereof;. .<.-stc2cce 25st pe ceteccnconese

LIST—

to be delivered supervisor, of N. R. H. tax,..-.---.-----
LAWS—

of a local and general nature, to be published in each county,

LOCAL OFFICERS—
provision to elect in certain counties,.....---.-.-.----+--

PAGE,
146
146
146
147
148
148
149
149
149

66
115

171

a7
180

200
INDEX.

LUNATIC ASYLUM—
the support of a lunatic sent under 26th section, is a county
CHATRE Sac ait ere ace Occ d ee meeeactiaaesesee
LEGISLATIVE—
‘powers given to supervisors,. .....--------------------
PMCS atc re Enh te aah eae ign Speen ooo
legal proceedings against county, _......---------------
suits against towns, how conducted,_-.-----------------

M

MILITIA—

collector to give bond to pay over commutation money, .--

the assessors to enrol,
MONROE COUNTY—

county treasurer’s fees,...... ---..----------~.-------

work house, act in relation to,.._.-. .-----------------

penitentiary, 926.52 5545 honed teasceusecesteseeeds
MARRIAGES, BIRTHS AND DEATHS—

BCU LOT ey PS As fe te ee ee ee

NON-RESIDENT—
highway tax, os onices cessed cece Sintasccteeeseeeencee
highway tax, how collected,.... -..-------------------
NOTICE—
to non-resident, ..2s2s0seeeyeeuei eon eeccke cet enewte
to be delivered supervisor,........--------------------
form of, to non-resident,.......-----------. weeoeeseons
"tO be posted)... 2. once cnieisccceereseees ace
of application to town meeting to raise money, -.-.------
of application for a new town, -.-.--------------------
of first town meeting in new town,.. -...--------------

NOTES AND EXPLANATIONS—
as to roads and bridges,.._...------------------------

OATH OF OFFICE— ;

may be administered by the town clerk,.... -.----------
OFFICERS—

judicial officers’ fees must be pre-paid,......------------

ORDER—
an act to preserve order,.... ....-.-------------------

PARTIES—
to suits may be witnesses, .....-.-------------+--------

PENALTY— ; :
if supervisors neglect......---.---------------- BEES -

277
PAGE.
243

213
258
191
191

98
96

182
65

238

49

199
278 INDEX.

PLANK ROADS AND TURNPIKES—

company to make application to board,.----------------

special meeting of the board, how called,....---------- =
application, when to be assented to,-......-------------

three commissioners to be appointed,.___--------------- :

three inspectors to be appointed,.. --------------------

order of supervisors under section seven, -.-------------

order of the board appointing commissioners, --..-------
inspectors, Seea eoLesetesas

agreement of town officers under section 1,--. ----------

PUBLIC BUILDINGS—
to be insured by public officers,._..--..----------------
to cause to be erected necessary public buildings, --....--

; proceedings to change location,..--..-----.------------
POOR—
when distinction abolished, notice to be given,--._-.-.--.
excise money to be paid for benefit of the poor,-----..--
to be a county charge in certain counties,_..--.-.-------
when to become so in certain counties,_-.. .....--------
the expense of county poor, how defrayed, _-..-.-....--
supervisors to purchase lands to erect poor-house thereon, .
ee have power to abolish distinction between poor,
report by supervisor to the clerk of the bdard, waeiineewais
POOR HOUSE AND SUPERINTENDENT'S REPORT—
Committee’s report thereon,.... .-...-----------------
PRINTERS— |
to be appointed by board of supervisors,.-......--------
to be paid by the several counties for publishing laws, ----
fees fixed,_-_--.~--.---------- --------+-------------

PHYSICIAN—

$0 Jail, 2 ccimacemace cose ceumeceselose sed oee Sess eccs
PUBLIC HEALTH—

expenses of preserving, chargeable to the county,..-----.-
PARLIAMENTARY—

RAIL ROADS—
HOw taxed) on sccdeotmeeseoeeeenucceebeee see ececseas
REPORT OF SUPERVISORS—
toctheir Clerks. 2222.25.45 .2553c. ceeded sccdenneketeeees
form thereof,.._.-.-------------------- eismigieivaicaea

RESOLUTIONS—
of board of supervisors as to rejected tax,.----.--------
= a6 to be signed by chairman and clerk,
ROADS AND BRIDGES—
repairs of roads and bridges,......--------------------
additional sum to be raised,_-.------------------++-+--

238

180
181
181
227

238
258

263
INDEX.

ROADS AND BRIDGES—

notes and explanations thereof, cceccerccadeceamameneone

report of commissioners to supervisor,.-.. -...---------

commissioners’ notice of application to town meeting, ---.

resolution of town meeting,_... ----------------------

affidavit of posting notice,..-.-.-.--------------------
REPORT—

of committee on constables’ claims,..-._.. oe eec Sees
ROLL—

assessment roll is a county charge,
RULES AND ORDERS—

of the board of supervisors,
RULES—

parliamentary, <.20 cc oteleceececbdewscccceaaeedecax
REPORT— j

of committee on county claims,....-.-. ---.-----------

s

SUPERVISORS—

Gasthof OMe swscoo ok Nhe es Coon cacdeacicuescamencepes
to take oath of office and file the same,_...-------------
report to the clerk of the board,_..... ----------------
penalty for neglect to make such report,__-...-.--------
form of poor report,...-.------------------------+----
last elected to make such report, if not made by predecessor
vacancy in office of supervisors, how supplied,....----.--
to approve of constable’s bond, form thereof,.....-------
to approve of highways commissioner’s bond,..-.--------
supervisor to receive money for strays,----------.------
receipt to be given for money for strays,.-..------------
to receive and pay out all moneys belonging to the town, -
supervisor to attend board of supervisors,.... ..-.--.---
se to cause survey of town to be made,.-..-.-.-.

to sue for penalties as to dogs,..-. -.------------------
to lay non-resident highway tax before board,------ -----
duty as to rejected taxes,_______.-------.-------------
board of supervisors as to rejected taxes, ....-----------
supervisor to make proper description of rejected taxes, - _-
resolution of board of supervisors, ....-.-----.---------
to furnish courts with room, lights, attendants, &., ------
supervisor cannot be commissioner of loans,.--.....-----
“« “hold the office of school trustee,_----.-

costs, &c., paid by school officers to be refunded on order
Of board: jo2ss sc esese See eciatess ected eee
to appoint town meetings,....--.-.-------------------
board of supervisors to assess and collect money raised by
LCL Et ee ec eee
to raise money to build town houses,.....-------..-----

279

PAGE,

113
110
116
117
117

236
244

258

263
980 INDEX.

 

 

 

 

SUPERVISORS— PAGE.
annual meeting, place thereof,._..-..-.---------------- 120
times of meetings, SesecebcoscscSansece 120
powers of the board of supervisors,__..-.-------------- 121
to repair court houses and jails,._...--...-----+.------- 122
. to transmit to comptroller names of companies assessed, - - 162
er “names of town clerks and assessors, 163
to examine assessment as to valuation,-......----------- 163
to cause a corrected assessment roll to be delivered to

SUPCEVISONS, So peyote) cee cocccoteceececsceshenwe 164
to deliver a corrected copy of assessment roll to town col-

L€CtOtjscc2e ccenecmacinececuceneoadsesaaeese es 165
to annex warrant, contents thereof, -.-__.-.------------- 165
to transmit to county treasurer amount of taxes,...--.--- 166

a. se names of collectors, ------ 166
or committee to add assessment rolls, sisi seein cece 167
Loassess Fenty, eweccnenesnnaceeeoswnrmncsceetaces 169
when distinction between poor is abolished, to file decision

with county. clerk, .-o2...0ccssceenetsSeeses seceded 172
to execute bond to county treasurer, .....--.----------- 142
powers enlarged... 25: socskcecewen ood le ccctee ceeds 217
bond to county treasurer,.... .-..------- Seseeecuemasn 249°
special meetings of board_-_--_------ ---------------- Fs 65
clerk of the board to serve resolution on clerk of each town,

village, and city,....--.-----------.--------------- 173
board of. supervisors to collect balance of poor expenses, ~ 173

a to direct how many superintendents to

be elected) 2c. osc ee eee wee seme e esis 175
to approve superintendent’s bond, ---.-.--.-------.---- 176
to appoint printers to publish laws in the counties, -..---- 180
to raise by tax printers’ fees for publishing laws,....-...- 180
to examine report of commissioners of loans,.... ------- 186
to make a certificate and transmit to comptroller, ....---~ 186
to raise money. to pay expenses to preserve order,..----.-. 199
to alter or erect new towns,_-------..--.--------------- 213
to cause map and survey to be filed in secretary’s office, - __ 213
to designate name of new town and appoint first meeting, -_ 213
may purchase land to erect poor house thereon,._------.- 214
to erect court house, &,,.---.--.----- Mucinisepinddvecese 214
tofixsites.of coon Aa sieewe: eteenccepciccines ; 214
have power to sell or lease lands, 214
to remove or designate a new site, 214
to erect county buildings,.......-._-- 214
to raise money by tax,.- -----------. 215
to borrow money for county use,.-_.......------------- 215
to authorize towns to borrow not exceeding $4000, ------ 215
to revive or abolish distinction between town and county

POO in week etecece sincere croton ceue ae Janice “215
to fix the time of the annual Tmeetings, cidiseowdiniomexcnces 215
to extend the time for collecting taxes,_-----..--------- 215
to make laws as to wild beasts, thistles, &e., 3 215
to require county officers to report, _......---.----.---. 215
may change location of public buildings,......-.--..---- 216

every resolution to be signed by chairman and clerk, .-.-- 216
INDEX. 281

 

SUPERVISORS— PAGE:
fees of supervisors for travel and copying assessment roll,, | 217
form of application for a new town,-...--..------------ 220
application for a new town,.--.....----.----------.--- 220
form of the law erecting a new town,.-..---. ---------- 223
form of return of proceedings to secretary of state, ...... 224
form of notice for first town meeting in new town,_----.. 221
may authorize towns to borrow money by resolution, _--.- 225
fees of supervisors explained,............------------. 226
to ascertain if clerk’s minutes are correct as to each town,. 227
to file collector’s bond in county clerk’s office,_...-..___. 249
with other members of the town board to give notice of
GleCtiOn; seine codeeeeeceins secuns és fpeeceetwue 251
to attend county canvass,_.......---..-.--.---- 2538
to make affidavit to their accounts, 258
supervisor, one of the board to audit accounts for moneys.
received and disbursed,_--_-. -..-__---------------- = 254
vote of town meeting to raise money to build town house, 118
equalization, directions thereof,....-._-.......--..-. eats 168
expense of supporting county poor, how defrayed,._..__- 174
form of notices thereof and affidavit,..........-.---.--- 221
SALARIES—
the report of the committee thereon,..........--.- neta 242
form of resolution fixing salary of surrogate,........--.. 88
form of resolution. to elect separate officer,_.-.-.-.-...-- 88
SEALERS—
of weights and measures,_... -.-- --------.-+--------- 185
town and county, how appointed,_--.---.-.-...--.....- 185
SUPERINTENDENTS OF THE POOR—
to present to the board an estimate of expense,_.-..----- 174
penalty for neglecting to render account, -.-.-..----.--- 174
to be elected, and the number,---.-..----------------- 175
when to. he electéd, 2+. sop 22cc-- se esseseecsscceess 175
tenure of office, and classification,.... ....-.---------.- 175
vacancies, how filled, . i322. sccctscceccescecsaccus 175
superintendents of the poor to give bonds,...---.------- 176
when to enter upon the duties of their office, --..------- 176
bond, form of, ....--..-------------- ---------------- 176
STRAYS—
to be sold, expenses paid, and balance paid supervisor,.--. 68
owner must demand same within one year after sale,_._... 59
form of supervisors’ receipt,.-.. -.-------.-- Seeswicesas 59
SHEEP—
injured by dogs...---------- -------------------+---- 18
damages, how collected, and paid,.......--.--.-..----. q

SCHOOL MONEYS—
resolution to. raise, by board,.......-. ianaraiacta’S sieemeee's 129
282 INDEX.

SURROGATE—
when to be elected, .--.-.----------------------------
and treasurer’s office of Monroe, to be built,..-. -..-.---
board of supervisors to fix salary,--.. -----------------
when office to be deemed vacant, _._:.-----------------
when board of supervisors to decide when to have surrogate,

SUITS—
against school officers,.....--- -----------------------

SCHOOL OFFICERS—

suits against, costs, &c., to be paid by the district,_.-_-..-
resolution by board of supervisors,...------------------

SCHOOL TAXES—
effect of a correct assessment roll,.......--------------

SHERIFF—
to serve subpcenas from district attorney,--..--- -..-----
to organize guard to preserve order,..-.-.-. -----------
fees in criminal cases,_....-------.-------------------
sheriff’s account, and committee’s report thereon,._.-----

TOWN CLERK—

duties Of, nnn cncancacie eceeresasucresemsecccossabe
to deliver to supervisor resolutions of the town,-.-. -.---
to deliver to supervisors names of assessors,.--.---------
his compensation,......-.------------- -+------.-+---
fees in highway cases,..-...-.------------------------
certificate of resolutions of town meeting,.... --.--.----

TOWN AND DISTRICT—

clerk’s fees,--.-.------------ ipowesadseveesdeeeeseace
TAX—

dog tax, amendments thereto,........-----------------
non-resident highway tax,.----.----------------------
rejected, -. ck hse ks Anema teee eta teaee neces
rejected, duty of supervisor of town, and board of supervi-

808. naseocoee st cedeateyasonecsceseseneeesee cate
transcripts to county treasurers,...._...-..------------
SUAtC TAX eee e cece ct ckeecucig aooeteecses ste eck ues
on incorporated companies to be stated and collected, ---.-
resolution to raise upon the county the amount audited, _--
School taxX3)osccesconsccnn scecwesersseesccenwanenee
rents to be taxed, disinie Cpa tese scene ee te penseSeradccese
State tax ccc peSecemcese Socata sce SS ammeetismmeice
resolution to raise PBME: «occa sorscosoasceescsenenecs
general provisions,_-.-...-.---. -------------+---------

TURNPIKE ann PLANK ROADS~—
company to make application to supervisors, ......-- peas
TURNPIKES—

inspectors to be appointed by board of supervisors,.......
not more than 5, nor less than 3 inspectors to be appointed,

99
101

169

198
199
241
241

68

162
116
208
111

238
75
81

82
82
142
160

169
169
142
142
162

212

212
212
INDEX,

TOWN ACCOUNTS— :
to be audited by supervisor, town clerk and justices,......
what accounts are audited by this committee,...........-
how and where audited,.... 2.2. 0o.. cece cee e cone cene ees

TOWN AUDITORS—

to meet at place of last town meeting,..........-..------
time of meeting altered,.... 2... 0.0.0.0. ccee ccecscccces

TOWN MEETING—
resolutions thereof,..... 22. 0eee .--+ pene cena ween ceeeee
to be appointed by board of supervisors,..........-.--
powers thereof as to raising money,....
to be appointed by board of supervisors,
special town meetings to be held,......-.---.---..-2200-

TOWNS—
powers, duties and privileges of towns, ........-..-2.0-+

TOWN MEETINGS—
money for support of the poor,.... 222+ sees seen eens enna ee
TOWN HOUSES—
money may be voted at town meeting,.........--.---.-.
conveyances of sites, how made,....... ee
money to be raised by board of supervisors,.....-....--..
notice of application to town meeting, .........-.-.---4-
affidavit of posting of the notice,.... 02.2222 sseeeeee seen

TOWN OFFICERS—
their compensation,....---- 2-22 - wc -ncn cc en en nne cence
to demand records, d&c., of predecessors,......-..22- 20-5
going out of office to deliver records, dic ,....---. +22. --+6
in case of death, demand to be made of executors,........
allowed no pay ualess provided by law, .....------. sae.

TOWN—

Char G68 222. o's oa ow seen ch weiss SAisidain VSS telco cacininese
moneys how raised,.... e000 .220 pee e nee nee ewe eee ene

TOWN anv COUNTY EXPENSES—
jurors not entitled to pay, as to highway,........-....---

TOWN COLLECTOR—

duties as to collecting tax,.... 2... 22.20. cee ence cence
fees of collectot esas cscccsceckwas secs sae dees secs ewawcs
as to unpaid 1axes,.... 222. 2-0 nee ween ene eee enee ween
fees, how paid, scsscscacscacscnscasscciaecee sess eisceex-

TOWNS—
new towns to be erected, Ga,..-. 200 noe cece nun seeeee
notice of application to be posted, ......-..--.-.--.-----
name of new town to be given,......... ---.-.-----+----
towns, by consent of supervisors, have power to borrow

. INOUCY, o:acis w.cmisiiecinisrsiciass nis cieinie Sosle
application fora new town, how made,..
form of notice “e

   

    

  

283

PAGE,
101
242
254

101
102

106
106
106
106
110

107

109

118
118
118
119
119

116
188
188
188
188

187
188

200

205
206
206
206

213
213
213

215
220
221
284 INDEX.

TOWNS— PAGE.
form of application for a new town, .--...-.-----e0-+-e-- 222
form of the law erecting a new town, .....----------+ +000 223
return to the secretary of state,.... .....-----0.------0- 225
may be authorized to borrow money by resolution,....... 215
of the effects of a division,........ 202-220 --ee seen ceeee 107
TREASURER’S ACCOUNTS—
committee on same to report, &5C.).-24 se02 econ ewes cone ese 240
U
U. 8. DEPOSIT FUND—
report of the committee thereon,.-...-..2--2---e+-+-e08 242
Vv
VACANCY IN OFFICE—
of supervisor, how supplied, ...------------+- sees eeeee 9
of superintendent of the poor, by supervisors,.....--..--- 175
of county treasurer, by supervisors, .... 2+. eee sees e eee 178
Ww
WITNESSES—
recognized, not appearing, to be prosecuted,......-.-----+ 57
may be summoned by board, ......-. .-20---5 eee seeeee 217
WORK HOUSE—
of Monroe county,.. i ccwscnesccas cee cece scavicwecense 59
achamended, osccisssjs cece soon seoesewseuse ee eetacewenies 65
WARRANT—

OF COMECHON oi cisiccicicrcienid Gacarsicnd ccecewsseveasese wees 207
INDEX TO EXCISE LAW.

‘The New York license law,..-..------- +--+ --2- --2- eens cone noes
Appointment of commissioners of excise, .....--- see. sees eens eee
x form of,
to be served upon persons appointed, ......-..
Acknowledgment of inn-keeper’s bond, ..-....--------++-+
cL « store-keeper’s bond,
Approval of inn-keeper’s bond,.........-..--+
se “ store-keeper’s bond,...- wee e teen seen ee cone en:
Auditing of the accounts of commissioners by board of aapee visors,.
Affidavit of witness to petition,..........-.---.---.6- sieicvalesjeis
«  “ other witnesses, to satisfy the board as to applications,
«© witnesses, form Of... ..--.--- -2-- 220 eee ee eens eaee
Answer of defendant, form of, in civil action,......-..--. ---eeeee
Book of minutes to be filed in town clerk’g office, .
«to be kept by the board,......-......2--.-

“

   
 

 

form Of aise swimalelceis wes sue cee aecee cote Beanies

Board of commissioners of excise to appoint a clerk, ..........--

  
   
 

“ *e «to be paid for books and blanks,. .

oe fe to collect penalties, .... 3
Bond to be executed by applicants,.... ..-....

“ “ « in ie oes 0m of $250 nccnccsseccs vewemceses

He AME ef signed by sureties,......-...-..--..-- :

se) OE « to be approved by commissioners, ...........-.

“ “ “ by store-keepers, and its contents -....---++-

Bonds to be filed in the town clerk’s office,....-....2----n---+-08
thas prosecuted by board of commissioners of excise, .....-
sO © supervisor of the town, ......-....--.
fo) OE ee « mayor of city or trustees of village,....
«of inn-keeper, form of, 22. 200 2220 2200+ cree cece cece eens
« of store-keeper, form Of, .... -.-- .--0 een- een ceee ceneeene

Book of accounts to be ‘kept by board of commissioners,.........-

County judge, one of the board to appoint. commissioners,.....-....
fs and Justices to meet on the second Tuesday of May,..
ae “at the place of holding county

COG ecae secnesescenw ans waidie sie Seteeeweee

Chief justice, presiding judge and-recor der of the ‘city of New York to

AP POM, uscd we ware we we marek al aweierae Seyeetre-aeeresis
Commissioners” vmterm of office to be determined by anh
Commissioners to meet and grant licenses, ’

« onthe 19th May, ... tise eee wee ee

must all meet, but a majority can ‘Ticense, were eenees

“ decision as to a license is final,............

Compensation of the board of excise and clerk,.........----------

Commissioners’ expenses of books and blanks, how atidited and paid

Constables to arrest for all violations of this act,
County eaearer to neeeins penalties, inition iennnie vin Seisre

 
 
 
 

  

 

Conviction maailiee person licensed to be sent to court of sessions,..
Courts to instruct grand juries to inquire into all offences against this

ACL, scicis wicwiw saicls olemiela sem eeensecwieanajiecsieiieiais cieeiciee aes’
286 INDEX.

Court of sessions has power to revoke license, .........-----+- ects
Criminal warrant, form Of,.... 122. sees ccee scans cece cone seus cence
Complaint, form of, in civil action, .... se. 2-22 -ee- cee e cone neces
County sessions, form of, order to show cause,..-...--..+-.-------
Defendant, in any execution under this act, not entitled to liberties
Of the jal, ccc coe cape aes Glee! se emwes reser clerseaaedells
Dealers in liquors forbidden to sell to certain personS,.....--..-.--
Damages sustained by private persons,.......----+-0--e--+ seen ee
Execution, form of,..........0.---- eee Ak bi nemaw muses seen
No fee or reward to be taken by the board for licenses,......-.-----
Fees of commissioners to be audited and paid by board of supervisors
“ clerk “ “ “ “ “6

Freeholders to sign petition for inn-keepers,......--.-------- +++
“ where to reside, . 2. cece cece ewes woe ween ewe eens

” not to sign more than one petition,.....-...--.-0+++

a form of petition, ..-....2..---000---+ Uidecteceayeersia
Fees of Magistrates,....
Habitual drinkers, duty of magistrates and overseers of the poor as to
BUCH) siciete:pinis'c rein nie cieiaiar ne oyarcidiale:sjacia isa em acna peewee eeiseayerae

Habitual drinkers, notice to dealers, form of,......0--20+---.+--6

 

Inn-keepers’ accommodations,....---..--. 22+ +++ wielamenelcicanie
“ forfeit for every neglect, $10,........-------- een eee

ee to be prosecuted by overseers of the poor, under sec. 8,.

“ LO PUbOp SIGN) ose ccce seme wasscencseeswsesce ce sae:

& forfeit for every month’s neglect to keep up sign, $10,..

ee prohibited from trusting liquor, except to ledgers,......

“ 7 “ selling or giving liquors to any Indian

OF APPVEN CE, «= oncs ones cnicoinc os aa ale ecimeeeecens cau veece

Inn-keepers prohibited from selling or giving liquors to any minor,
oe “ “

«© Intoxicated persons
“ “ ae «  “ habitual drinkers, .
«not to sell or give away liquor on Sunday or election day,
“ liable to be imprisoned forselling on « “s

«« and others liable for selling to certain persons,.........-.
& eee private damages,.....-.-...---0000.
“ bend sfOrm: OF i. caew sicsa-a cosvesica” we aeonviwewe-wateurs oo
Intoxicated persons to be arrested, .... eee. 22. cene ee enee enue eece
€ “ “sworn and examined as cause of such in-

COMICAMON ic acse sacle we saide anid sche Gen niece asacateesreboate
Intoxication declared to be an offence,.... ---. 202-22. eee- eee e ee
Incorporated companies prohibited from employing persons addict-

ed to intemperance,.... 1... 122.22 cnee cee eee cee ceene
Justices of the sessions, members of board of appointment,........
Justification of sureties to inn-keeper’s bond,.............--.-----
7 « _ store-keeper’s bond,.... ... piek secre ieee
Jurisdiction of justices,.... 222. 222. nee cece cence eee cee ence caee
License fee; asum to be fixed by commissioners, ..........0.2--.--
«money to be paid county treasurer,........ CRE ee ais Oo marci
Licenses not to be issued until requirements complied with,__......
«to sell liquors to be drank on premises not to be given except
to inn-keepeta,. coccccscvcc wees sacs dace sccscceuncce veceen

Licenses not to be granted, except on petition of twenty freeholders,.
ue se unless necessary or proper,.........-..0-
ce “on more than one memorial of same petitioners,...
INDEX.

LICENSES—

«not given to inn-keepers to prohibit sale on premises,.....
“not to be granted except to persons of good moral character,
«« may be revoked by sessions,

_« POV Of 6 yas a as aaeeshers eexcrasnne Sensis winclo sissies lee Se
Magistrates, their duty upon arrests with or without a warrant, ....
«to bind over offenders to sessions or oyer and terminer, .

“ __to try offender where he elects to be tried before such ma-
gistrate,__-........---. ako aaa aie un isha: wear ae aa
are bound to entertain complaints,.........--.-----s99¢
to give notice to dealers in liquors as to habitual drinkers

a fees under recent statute,........-..0.4 Sess eeeean sane
duty as to habitual drinkers,....._....------.----+--+0
Onl a commissioners of excise to be taken before entering upon
Mt Vice Guieeaceceocs stesso cued cans saee eeoeemeasesws
Overseers of poor to give notice to dealers as to habitual drinkers,..
“ « duty as to habitual drinkers,.....-....----.. +--+
Officers who are to arrest,.... 22+ cone cane cece ene wenn eee eee
a who are to arrest for violations,........0---- 2-2. ---------6
Order to show eause by sessions, form of,......-.-.--------------
Petition of freeholders,.....-..-------+ --0e ene cee e enn e eee nee
a e fOrnt0f), 26. see se bcccwelcw ecw ase bccn.
Penalty for selling without having a license,..-.....---.---.-----
ms ” “liquor to be drank on premises of seller, ........

He ” toany Indian, apprentice or minor,.......-.----

a ’. for not keeping up sign by inn-keeper,......-...

y ” intoxicating liquors without a license,......---..
Penalties to be collected by private persons after ten days’ delay,_..
renee incurred by store-keeper for selling contrary to provisions
OL ACE ania eauielewinne slowed So se See iw es ene deemsimsicice sic
Proof as to the execution of petition, .......-..-..--------------
” 9? other facts necessary to be known by commissioners
who to sue for....... ee ira) sibiewtenar oral Grete stnte/ghaicraiaic-aia'cisins
a may be collected in name of commissioners by private persons
Party to a suit may be a witness in his own behalf,...-.----------
Sums to be paid for license,.....------------------------------
Sureties to inn-keeper’s bond to justify,.....-.------------------
Securities given for debts contracted for liquor void, .--.---------
Sheriff, under-sheriff, deputy-sheriff, to arrest persons violating this
Abas ea nseseeeeecerasien comcmsiinc seen cee scesesReeseees
Sheriffs’ and other officers’ duty as to intoxicated persons, .....-...-
Supervisor to prosecute bond given to board of commissioners, . . . .-
Statement of conviction against inn-keepers and others to be sent to
ACSSIONS oweccaceemeecene escsewectoor wens sememe wees
Store-keeper’s license, form of,...--.------------~--------------
2 bond, form of,-...---. -------------------------

Suit upon inn-keeper’s bond,......----------------------------
» against inn-keepers for not keeping necessary accommodations, .
Summons for violation of act, form of,.-..----------------------
Sale unlawful to intoxicated persons,...-..---------------------
Statement of conviction, form of,......------------------------
Vacancy in the office of commissioner shall be filled by officers named
in first section, ....- ---.00<---2esee00 oe --- n-ne eens - ss
Warrant, criminal, form of,-.--...---------------+-------------
Witnesses, a party to a suit may be a. witness,....--.-.--.-. aioe

 

  

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