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 A treatise on the powers and duties othe 
 
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A TEEATI8E 
 
 ON THE 
 
 POWERS AND DUTIES 
 
 OTHER THAN JUDICIAL 
 
 T0¥N AID COUNTY OFFICERS 
 
 STATE OF NEW YORK, 
 
 CONTAINING COPIOUS REFERENCES TO THE STATUTES, AND THE 
 LEADING AND LATEST JUDICIAL DECISIONS ; 
 
 WITH AN 
 
 APPENDIX OF PRECEDENTS 
 
 DESIGNED FOR 
 
 TIIE USE OP THOSE OFFICERS AND THE LEGAL PROFESSION. 
 
 BY AMOS G. HULL, 
 
 counsellor' at Saw. 
 
 ALBANY: 
 
 W. C. LITTLE & CO., LAW BOOKSELLERS. 
 1855. 
 
— v~x * —r 
 
 Entered according to Act of Congress, in the year 1S55. by 
 
 AMOS G. HULL, 
 In the Clerk's office for the Northern District of New- York. 
 
 VAN BENTHUY8EN, PRINTER. 
 
PREFACE. 
 
 The purpose of this work is to furnish to a large class of public 
 officers in each town and county in the State of- New- York, a con- 
 cise epitome of their powers and duties (other than judicial), as the 
 same are laid down in the voluminous and scattered statutory 
 enactments, and numerous judicial decisions relating thereto. The 
 spirit of recent legislation has contributed to produce a demand for 
 such a work. Since the year 1845, very important changes have 
 been made in the law affecting the local regulations of towns and 
 counties. 
 
 The statute confering legislative powers upon boards of super- 
 visors, has devolved upon such bodies onerous duties and responsi- 
 bilities. It was believed that a compilation of the statutes and 
 decisions by which they are to be guided in the discharge of 
 their duties, together with a plan or system of procedure, designed 
 to facilitate their labors as a board, would be, if judiciously 
 arranged, acceptable to the public. 
 
 Kecent legislation has made important changes affecting the 
 duties of assessors, commissioners of highways, superintendents of 
 schools, county treasurers, and other town and county officers. 
 
 The laws prescribing the duties of many of these officers are 
 spread through a large number of statutes ; the decisions giving 
 construction to those statutes occupy much space in the reports. 
 These duties are frequently intricate and perplexing, depending 
 upon the construction of statutes not always clearly drawn, and 
 required to be discharged, many times at places, and under circum- 
 stances, where neither the statutes nor reports are accessible. 
 
 The idea of condensing the statutes relating to the duties of 
 those officers, and at the same time noting all the decisions, 
 giving construction to the same, and grouping the whole, as far as 
 possible within the compass of one volume, with a view of giving 
 each of those officers an opportunity to understand the duties of 
 all the others, it is believed will commend itself to the good sense 
 of every one. This will be the more readily appreciated, when we 
 
iy PREFACE. 
 
 reflect that many of these different officers are associated together 
 in a variety of capacities, which seems to render it indispensably 
 necessary that they should understand the duties of those with 
 whom they are called to act. 
 
 The precedents have been inserted, not with a view of super- 
 ceding that excellent book of forms, the Clerk's Assistant, but 
 because it seemed necessary that each officer should find in the 
 same volume that defines his duty, the forms to be used in the dis- 
 charge of that duty. 
 
 A chapter has been prepared relating to taxes on lands of non- 
 residents, necessarily brief. The law of 1855 has materially 
 changed the proceedings in that regard. The duties of so many 
 public officers are so much affected by that statute, that it has 
 seemed necessary to insert the act entire. 
 
 The index to this volume has been made very full and complete. ' 
 It has been prepared with great care by A. H. Sawyer, Esq. 
 
 In the preparation of the section relating to the mode of pro- 
 cedure of boards of supervisors, many valuable suggestions were 
 made by Gr. A. Dayton, Esq., Clerk of the Board of Supervisors of 
 the county of Oswego. Excellent suggestions have also been made 
 as the work has progressed by Hon. E. Peshine Smith of Albany, 
 Deputy Superintendent of Public Instruction, and D. H. Marsh, 
 Esq., of Oswego, for all of which I beg leave to acknowledge my 
 obligations. 
 
 It has been my aim to make the work acceptable to my profes- 
 sional brethren, as well as to public officers. Should it be so 
 fortunate as to meet their approval, I shall feel abundantly re- 
 warded. They are prepared to appreciate the difficulties attending 
 the preparation of such a work. 
 
 The tendency of the age is to give importance to the town, the 
 citizen, the man, in contradistinction to the absorbing and 
 centralizing power of the State. That tendency is deemed salutary ; 
 and while it continues, it is believed that every effort which 
 facilitates the labors of subordinate as well as superior officers in 
 acquiring a knowledge of their duties and responsibilities, will be 
 acceptable to the public. 
 
 A. G. HULL. 
 August 15, 1855. 
 
CONTENTS. 
 
 CHAPTER I. 
 
 Of the Supervisor. 
 Sec. 1. ."Who Eligible. 
 
 2. How Chosen or Appointed. 
 
 3. Oath of Office. 
 
 4. General Duties. 
 
 CHAPTEE II. 
 
 Of the Board of Supervisors. 
 Sec. 1. Their Powers, Duties, and Liabilities. 
 
 2. Duties of their Clerk. , 
 
 8. Mode of Procedure as a Board. 
 
 CHAPTER III. 
 Of the Town Clerk. 
 Sec. 1. How Chosen or Appointed. 
 2. His Powers and Duties. 
 
 CHAPTER IV. 
 
 Of Justices of the Peace. 
 Sec. 1. How Chosen and Tenure of Office. 
 
 2. General Powers-, Duties, and Privileges other 
 than those of a Judicial Character. 
 
 CHAPTER V. 
 Of Assessors. 
 Sec. 1. How Chosen or Appointed. 
 
 2. Of the Property Liable to Assessment, and the 
 General Powers and Duties of Assessors. 
 
vi CONTENTS. 
 
 3. Of the Assessment of Taxes on Incorporated 
 
 Companies. 
 
 4. Of the Enrolment of Persons Subject to Military 
 
 Duty, and the Assessment and Collection of 
 Commutations. 
 
 CHAPTER VI. 
 
 Of the Collector. 
 
 CHAPTER VII. 
 
 Of the Overseer of the Poor. 
 
 Sec. 1. How Elected, and his Duty in Relieving the Poor. 
 
 2. Duty Concerning Beggars. 
 
 3. Duty Concerning Lunatics. 
 
 4. Duty to Habitual Drunkards. 
 
 5. Disorderly Persons. 
 
 6. Support of Bastards. 
 
 7. Duty in Relation to Binding out Children. 
 
 8. Actions by and Against Overseers and the Bodies 
 
 they Represent. 
 
 9. Overseers' Doty Relating to Jugglers, Disorderly 
 
 Practices, Enforcing Penalties for Betting, 
 
 Racing of Animals, &c. 
 
 10. Miscellaneous Provisions. 
 t 
 
 CHAPTER VIII. 
 
 Of Commissioners and Overseers of Highways. 
 Sec. 1. Of the Commissioner; How Elected, and his Powers 
 and Duties Generally. 
 
 2. Commissioners' 'Duty Respecting the Laying Out, 
 
 Opening, Altering, and Discontinuing of High- 
 ways. 
 
 3. Overseers of Highways; How Chosen, and their 
 
 Powers and Duties. 
 
 CHAPTER IX. 
 
 Of the Town Superintendent. 
 
 CHAPTER X. 
 Of Inspectors of Election. 
 
CONTENTS. VII 
 
 CHAPTER XI. 
 
 Of Constables. 
 
 CHAPTER XII. 
 
 Of Town Sealers of Weights and Measures. 
 
 CHAPTER XIII. 
 
 Of Town Auditors. 
 
 CHAPTER XIV. 
 
 Of Boards of Health. 
 
 CHAPTER XV. 
 
 Of Commissioners of Loaijs. 
 
 CHAPTER XVI. 
 
 Of Superintendents of the Poor. 
 
 CHAPTER XVII. 
 
 Of the County Clerk. 
 
 CHAPTER XVIII. 
 Of the County Treasurer. 
 
 CHAPTER XIX. 
 Of Coroners. 
 
 CHAPTER XX. 
 
 Of Sheriffs. 
 
 CHAPTER XXI. 
 Of Taxes. 
 
 CHAPTER XXII. 
 
 Of the Board of County Canvassers. 
 
 CHAPTER XXIII. 
 Of Boards of Excise. 
 
CHAPTER I. 
 
 OF THE SUPERVISOR. 
 
 Section 1. Who eligible. 
 
 2. How chosen or appointed. 
 
 3. Oath of office. 
 
 4. General duties. 
 
 Section 1. Who eligible. 
 No person is eligible to the office of supervisor, 
 unless he be an elector of the town for which he 
 is chosen; nor can a supervisor, while holding 
 that office, be appointed a commissioner of deeds, 
 see 1 R. S. 321, 4th ed., county treasurer, or su- 
 perintendent of the poor, see 2 R. S. 12, 4th ed. 
 Nor is any 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 
 4th, 1837, eligible to the office of supervisor ; nor 
 is a supervisor eligible to the office of commis- 
 sioner under that act, see Laws of 1838, chap. 58, p. 
 34 ; nor can a town superintendent of common 
 schools hold the office of supervisor. 
 
 Section 2. How chosen or appointed. 
 He is chosen by the electors of the town, at the 
 annual, or at a special town meeting, and forfeits 
 to the town the sum of fifty dollars if he refuses to 
 serve. See 1 R. S. 656,4th ed. 
 1 
 
2 OP THE SUPERVISOR. 
 
 If his name appears on the poll list, that is to 
 he deemed a sufficient notice of his election ; hut 
 if not, he is entitled to a notice of his election 
 from the town clerk of the town, within ten days 
 after the meeting at which he is chosen. 
 
 May be appointed.'] The supervisor may also he 
 appointed hy three justices of the peace, in case 
 the electors of the town do not, within fifteen days 
 after a vacancy occurs in that office, supply the 
 same by an election at a town meeting. 1 R. 
 S. 657, 4*A ed. 
 
 A vacancy is deemed to occur in that office when- 
 ever the town shall neglect at its annual town 
 meeting to choose a supervisor, and also when 
 he refuses to serve, or shall die, or resign, or re- 
 move out of the town, or become incapable of 
 serving before the next annual town meeting 
 after he shall have been chosen or appointed. 
 In case of a tie vote for the office of supervisor 
 at an annual town meeting, if the meeting 
 should adjourn without electing one, and the jus- 
 tices should duly appoint, the appointee would 
 hold the office and not one elected at a special 
 town meeting. The People, v. Van Home, 18 
 Wend. 515. 
 
 Section 3. Oath of office. 
 
 The next step after notice of his election or 
 appointment, and within ten days thereafter, is to 
 take the oath, denominated the constitutional 
 oath. (See Form, Appendix, No. 1.) This oath 
 must be taken before a justice of the peace, com- 
 missioner of deeds, county clerk, or some officer 
 
OF THE SUPERVISOR." O 
 
 authorised by law to administer oaths. The offi- 
 cer administering the oath must certify in writing 
 the day and year when the same was taken, and 
 deliver the same to the person by whom the oath 
 was made. Such certificate must be filed within 
 eight days thereafter with the town clerk. An 
 omission to take and subscribe such oath and file 
 such certificate within the times above mention- 
 ed, is deemed a refusal to serve. 
 
 Section 4. General duties. 
 
 The following are the provisions of the Revised 
 Statutes defining their duties. (These powers, 
 however, have recently been very much enlarged, 
 which will be fully mentioned in their appropriate 
 place.) 
 
 To receive and disburse town moneys.] The super- 
 visor of each town must receive and pay over all 
 moneys raised therein for defraying town charges, 
 except those raised for the support of highways 
 and bridges, of common schools, and of the poor. 
 
 To sue for penalties.] He must prosecute in the 
 name of his town, or otherwise, as may be neces- 
 sary, for all penalties of fifty dollars or under, giv- 
 en by law to such town or for its use, and for which 
 no other officer is specially directed to prosecute. 
 
 Must keep accounts.] He must keep a just and 
 true account of the receipt and expenditure of all 
 moneys which come into his hands by virtue of his 
 office, in a book to be provided for that purpose, 
 at the expense of the town, and to be delivered to 
 his successor in office. (Form of supervisor's book, 
 Appendix, No. 2.) 
 
 On the Tuesday preceding the annual town 
 
4 OF THE SUPERVISOR. 
 
 meeting, he must account with the justices of the 
 peace and town clerk of the town, for the disburse- 
 ment of all moneys received by him. 
 
 At every such accounting, the justices and 
 town clerk must enter a certificate in the supervi- 
 sor's book of accounts, showing the state of his ac- 
 counts at the date of the certificate. {Form of cer- 
 tificate, Appendix, No. 3.) 
 
 To attend board of supervisors.] The supervisor 
 of each town must attend the annual meeting of 
 the board of supervisors of the county ,, and every 
 adjourned ■ or special meeting of such board, of 
 which he has notice. 
 
 He must receive all accounts which may be 
 presented to him against the town, and lay them 
 before the board of supervisors, at their next meet- 
 ing. 
 
 He must also lay before the board of super- 
 visors such copies of entries concerning moneys 
 voted to be raised in his town, as shall be deliver- 
 ed to him by the town clerk. 
 
 To cause surveys to be made.] Whenever the su- 
 pervisor of any town is required by the state engi- 
 neer and surveyor to cause a survey to be made of 
 the bounds of his town, it becomes the duty of such 
 supervisor, within sixty days thereafter, to cause 
 such survey to be made, and to transmit by mail, 
 or otherwise, a map and description thereof to such 
 officer. The expense of such survey and map must 
 be defrayed by the several towns whose bounds 
 either wholly or in part shall be described there- 
 by : such expense to be apportioned by the board 
 of supervisors of the county. 
 
OF THE SUPERVISOR. 
 
 Penalty for neglect.] If any supervisor refuses 
 or neglects to perform the duties last above enjoin- 
 ed, he forfeits the sum of fifty dollars. 
 
 In addition to the powers and duties above 
 mentioned, it is made the duty of the supervisor, 
 whenever it shall be deemed necessary by the 
 assessors of any town to have an actual survey 
 made, to ascertain the quantity of any lot or tract 
 of non-resident lands which is divided by the town 
 line, to cause the necessary surveys to be made 
 at the expense of the town. 1 R. S. 718, 4th ed. 
 
 In all proceedings against towns by name, the 
 first process, and all other proceedings requiring 
 to be served, must be served upon the supervisor. 
 It is also his duty to attend to the defence of the 
 same, and lay before the electors of the town, at 
 the first succeeding town meeting, a full statement 
 of such proceedings. 1 R. S.- 665, 4th ed. 
 
 May appoint firemen.] The supervisor, together 
 with the justices of the peace, may appoint, in 
 writing, firemen, not exceeding twenty to each 
 fire engine, iatowns as distinguished from incorpora- 
 ted villages. 1 R. S. 666, 4th. ed. 
 
 Surplus moneys.] "Whenever there are surplus 
 moneys, made by the sale of property distrained 
 upon by a collector for the non-payment of taxes, 
 and a controversy arises between the person for 
 whose tax the property was sold, and a person 
 claiming the surplus on the ground that the pro- 
 perty sold belonged to him, it is made the duty 
 of the supervisor to receive and retain such sur- 
 plus moneys until the rights of the claimants can 
 be determined by law. 1 R. S. 724, 4th ed. 
 
OF THE SUPERVISOR. 
 
 Overseers' lists.] The supervisor is also required 
 to receive the lists of the overseers of highways 
 when prepared and presented according to the 
 statute, and to lay the same before the board of 
 supervisors of the county. 1 R. S. 1038, 4th ed. 
 
 Bridges.] It is made the duty of the supervisor, 
 to lay before the board of supervisors an estimate 
 of the improvements to be made on roads and 
 bridges, as the same is furnished to him by the 
 highway commissioner. 1 E. S. 1030, 4th ed. 
 
 To report paupers.] It is made the duty of the 
 supervisor of every town, in those counties where 
 all the poor are not a county charge, to report to 
 the clerk of the board of supervisors, within fifteen 
 days after the accounts of the overseers of the poor 
 have been settled by the board of town auditors, 
 in each year, an abstract of all such accounts for 
 the preceding year ; which accounts must exhibit 
 the number of paupers that have been relieved or 
 supported in such town the preceding year, speci- 
 fying the number of town and county paupers, the 
 whole expense of such support, the allowance 
 made to overseers, justices,, constables, or other 
 officers, and any other items which shall not com- 
 prise any part of the actual expense of maintain- 
 ing the paupers. This report should be made by 
 the supervisor in office at the time the accounts 
 are audited. Should he omit to do it, then the 
 report should be made by his successor. Any 
 supervisor who neglects or refuses to make such 
 report or abstract, or who makes a false report in 
 relation thereto, forfeits the penalty of one hun- 
 
OF- THE SUPBRVISOE. 
 
 dred dollars. 2 R. S. 25, 4th ed. (Form of re- 
 port, Appendix, No. 5.) 
 
 Fire in woods.] It is made the duty of the super- 
 visor, whenever the woods in any town shall be 
 on fire, to order such and so many of the inhabi- 
 tants of such town liable to work on the high- 
 ways, and residing in the vicinity of the place 
 where such fire may be, as he shall deem neces- 
 sary, to repair to the place where such fire shall 
 prevail, and there to assist in extinguishing the 
 same,- or in stopping its progress. 2 R. S. 107, 
 4th ed. 
 
 Strays.] He is also to receive any residuary mo- 
 neys that may be in the hands of persons who 
 may have sold strays according to law; and in 
 case such persons withhold such moneys, he is 
 under obligation to prosecute for the same. 1 R. 
 S. 661, 4th ed. 
 
 Judgments against towns.] If judgment be render- 
 ed for any debt against any town, or the supervi- 
 sor thereof, and is not suspended by writ of error 
 or otherwise, or is not paid and satisfied before the 
 next annual meeting of the board of supervisors of 
 the county, a certified copy of the docket of such 
 judgment or the record thereof, must be laid be- 
 fore the board of supervisors of the county, at some 
 annual meeting thereof. 
 
 To pay judgment when in funds.] If the supervisor, 
 against whom any judgment shall have been ren- 
 dered which shall not have been suspended by 
 writ of error or otherwise, have sufficient moneys 
 in his hands belonging to the town, not specially 
 appropriated, it is his duty to pay the amount of 
 
OP THE SUPERVISOR. 
 
 such judgment and interest, upon the production 
 of a certified copy of the docket, or record, to the 
 party in whose favor such judgment was render- 
 ed, or his representatives. 2 R. S. 716, 4th ed. 
 If the supervisor omits thus to pay such judg- 
 ment, he is personally responsible. 
 
 One of the town auditors.] The supervisor, togeth- 
 er with the town clerk and justices of the, peace or 
 any two of the justices, constitute the board of 
 town auditors for the purpose of auditing and 
 allowing town accounts; and it is his duty to 
 meet with said board for the purpose of auditing 
 such accounts, at the place of holding the last 
 town meeting in his town, on the last Thursday 
 preceding the annual meeting of the board of 
 supervisors of the county. Laws of 1840, chap. 305, 
 p. 2,51. Vide also Laws of 1844, chap. 228. 
 
 As a member of such board he must assist in 
 making a brief abstract of the names of all per- 
 sons who have presented to said board accounts to 
 be audited, the amount claimed hy each of said 
 persons, and the amounts finally audited by them, 
 which abstract is to be delivered to the clerk of 
 the board of supervisors. Laws of 1847, chap. 455, 
 ' § 24. 
 
 The supervisor has the right to administer oaths 
 to persons presenting claims before such board. 
 
 Town houses.] Wherever the electors of a town 
 have constructed a town house, the supervisor, 
 together with the town clerk and the justice resid- 
 ing nearest to such town house, have the control 
 of the same. See Laws of 1847, chap. 197, §3. 
 
 When to prosecute town superintendent.] Upon notice 
 
OF THE SUPERVISOR. » 
 
 being given to the supervisor by the superintend- 
 ent of public instruction, or by the county treasu- 
 rer, that the share of school moneys apportioned 
 to any town has been lost to the town by the ne- 
 glect of its town superintendent, it is made the 
 duty of such supervisor to prosecute in the name 
 of the town, without delay, the defaulting super- 
 intendent and his sureties, for such moneys, and 
 when recovered, to distribute the same among the 
 several districts entitled thereto. Laws of 1847, 
 chap. 480, sec. 22 and 24. Fuller v. Fullerton, 14 Barb. 
 95. 
 
 To prosecute trustees.] By the 145th section of the 
 same act, it is made the duty of the supervisor 
 whenever town superintendents, trustees, collec- 
 tors or clerks of school districts shall refuse or wil- 
 fully neglect to perform any duty enjoined upon 
 them by law, for the omission of which a pe- 
 nalty is given, to prosecute fbr such penalty, and 
 when such penalty is collected the proceeds of the 
 same are to be applied for the benefit of the town 
 or district to which such penalty belongs. 
 
 Security from superintendents.] By the provisions of 
 an act passed in 1850, it is made the duty of the 
 supervisor, whenever in his opinion the security 
 given by the superintendent of common schools 
 of his town, is not sufficient for the full protection 
 of the public against the loss of the school money 
 which is likely to be entrusted to such superin- 
 tendent, to require such further security, as in his 
 opinion shall be deemed proper. Laws of 1850, 
 chap. 184, p. 345. (Form of notice requiring further se- 
 curity, Appendix, No. 6.) 
 
10 OF THE SUPERVISOR. 
 
 To appoint seeder of weights and measures.] The du- 
 ty of appointing a town sealer of weights and 
 measures, is now devolved on the supervisor and 
 justices. Laws of 1851, chap. 134, p. 251. 
 
 Rejected taxes.] "Whenever the comptroller shall 
 have rejected any tax in the first instance, or have 
 charged the same to a county to which it should 
 have been credited, on account of any inaccurate 
 or imperfect description of the lands on which such 
 tax was laid, the supervisor of the town in which 
 such lands are situated, shall, if in his power, add 
 to the next assessment roll of such town an accu- 
 rate description of such lands, and if necessary 
 may cause the survey of such lands at the expense 
 of the town ; and the board of supervisors shall 
 charge them with the taxes and interest in arrear, 
 stating the tax of each year separately, and shall 
 direct the collection thereof; and such taxes and 
 interest shall for all the purposes of this act be 
 considered as the taxes of the year in which the 
 descriptions shall be perfected." Sec. 19, chap. 
 298, Laws 1850. If the supervisor omits to add 
 an accurate description of such lands to the as- 
 sessment roll of his town, the board of supervisors 
 must cause such arrears of taxes and interest to 
 be levied on the valuations of the estates, real and 
 personal, of such town, as appearing by such as- 
 sessment roll, and direct the same to be collected 
 with the other taxes of the same year. Laws of 
 1855, chap. 427, p. 785. 
 
 Jury lists.] The supervisor, together with the 
 town clerk and assessors, must meet on the first 
 Monday of July in each third year, in such place 
 
OF THE SUPERVISOR. 11 
 
 in their respective towns as the supervisor, or, in 
 his absence, the town clerk, may appoint, for the 
 purpose of making a list of persons to serve as 
 jurors. AVhen assembled, they proceed to select 
 from the names of those assessed on the last assess- 
 ment rolls of the town, suitable persons to serve 
 as jurors. They must select male inhabitants of the 
 town, who are not exempt from jury service, be- 
 tween the ages of twenty-one and sixty years, who 
 are assessed of personal property in their own 
 right, to the amount of two hundred and fifty dol- 
 tars, or a free hold estate in the county, in their own 
 right, or the right of their wives, to the value of 
 one hundred and fifty dollars, who are also in the 
 possession of their natural faculties, and not infirm 
 or decripit, and who are free from all legal excep- 
 tions, of fair character, of approved integrity, of 
 sound judgment, and well informed. {Form of 
 list, Appendix, No. 7.) 
 
 File duplicates.] Duplicates of these lists must be 
 filed within ten days ; one in the office of the 
 county clerk, and the other with the town clerk. 
 Exceptions are made in respect to some of the 
 above qualifications in the counties of Niagara, 
 Erie, Chautauque, Cattaraugus, Allegany, Genesee, 
 Orleans, Monroe, Livingston, Jefferson, Lewis, St. 
 Lawrence, New- York, and Steuben. 2 R. S. 656, 
 4th ed. 
 
 Grand juries.] The supervisor must each year 
 select a number of names of persons to serve as 
 grand jurors, from his town. He must select, at 
 least a number sufficient when added to those se- 
 lected by the supervisors of the several other towns, 
 
12 OP THE SUPERVISOR. 
 
 to make three hundred in all; that heing the num- 
 ber required to be embraced in the list to be pre- 
 pared by the board of supervisors. 
 
 In making this selection, the supervisor is re- 
 quired to observe the same rules in regard to the 
 property qualifications, and character and stand- 
 ing, that appertain to the selection of petit jurors. 
 Above all other considerations, they must be per- 
 sons of approved integrity, fair character, sound 
 judgment and weir informed. 2 R. S. 905, 4th ed. 
 (Form of list, Appendix, No. 8.) Care should be ob- 
 served in making this list to give the full name. 
 
 In 1842, a law was passed, providing for the for- 
 mation of election districts, and providing also, 
 that notices of the time and place of holding elec- 
 tions in such districts, should be given by the su- 
 pervisor, assessors, and town clerk, on the first 
 Monday of October in each year, by posting the 
 same in eight public places in town. Authority 
 is also conferred upon those officers, to form new 
 election districts, and divide new towns into elec- 
 tion districts. For the proceedings under that sta- 
 tute, vide 1 R. S. 341, 4th ed. (Forms under this act, 
 Appendix, Nos.9, 10, 11, 12, 13.) 
 
 Under the law passed in 1855, entitled "an act 
 for the prevention of intemperance, pauperism and 
 crime," it is the duty of the supervisor, whenever 
 he knows or is informed that any offence has been 
 committed under any provision of that act, to 
 make complaint and prosecute such complaint, in 
 the name of the people. Laws of 1855, chap. 231, 
 sec. 14, pag. 351. It is recommended, that the 
 supervisor, before he leaves home, to attend the 
 
OF THE BOARD OF SUPERVISORS. 13 
 
 annual meeting of the board of supervisors, should 
 carefully copy his roll, and compare the same with 
 the original. He should also ascertain the number 
 of acres of resident and non-resident land, and the 
 valuation, to the end that he may be able to detect 
 any error, that may be committed by the board, 
 in footing the same and fixing the aggregate valua- 
 tion, and thereby save his town or ward from un- 
 just taxation. 
 
 CHAPTER II. 
 
 OF THE BOARD OF SUPERVISORS. 
 
 Section 1. Their powers, duties and liabilities. 
 
 2. Duties of their clerk. 
 
 3. Mode of procedure as a board. 
 
 Section 1. Thehi powers, duties and liabilities. 
 
 Annual meeting.] The supervisors of the several 
 cities and towns, are required to meet annually 
 in their respective counties, for the transaction of 
 business as a board of supervisors. 
 
 They have the right as such board to fix the 
 time and place of the annual meeting. Laws of 
 1849, chap. 194, p. 294. 1 R. S. 675, 4th ed. 
 
 The time of meeting was formerly prescribed 
 by the Legislature. The time now usually fixed, 
 is immediately after, or at the meeting of the 
 board of county canvassers. The board of county 
 canvassers (hereinafter defined) are required to 
 meet in every county of the State, except Hamil- 
 ton, on the Tuesday next following the general 
 November election. 
 
14 OF THE BOARD OF SUPERVISORS. 
 
 Make orders as to corporate property.] The board of 
 supervisors of each county in this State, have 
 power at their annual meeting, or at any other 
 meeting : 
 
 1. To make such orders concerning the corpo- 
 rate property of the county, as they may deem 
 expedient. 
 
 To audit accounts and levy taxes.] 2. To examine, 
 settle, and allow all accounts chargeable against 
 such county ; and to direct the raising of such 
 sums as may be necessary to defray the same. 
 
 3. To audit the accounts of town officers and 
 other persons, against their respective towns ; and 
 to direct the raising of such sums as may be ne- 
 cessary to defray the same. And, 
 
 4. To perform all other duties which may be 
 enjoined on them by any law of this State. 
 
 Majority constitute a quorum.] A majority of the 
 supervisors of any county constitute a quorum for 
 the transaction of business ; and all questions 
 which may arise at their meetings, must be de- 
 termined by the votes of the majority of the super- 
 visors present. 
 
 The boards of supervisors must sit with open 
 doors, and all persons may attend their meetings. 
 
 Chairman.] They must, at each annual meeting, 
 choose one of their number as chairman, who 
 must preside at such meeting, and in all other 
 meetings held during the year. In case of his ab- 
 sence at any meeting, the members present must 
 choose pne of their number as a temporary chair 
 man. 
 
 Every chairman has power to administer an 
 
OF THE BOARD OF SUPERVISORS. 15 
 
 oath to any person, concerning any matters sub- 
 mitted to the board, or connected with their pow- 
 ers and duties. 
 
 Clerk.] Each board of stipervisors, as often as 
 may be necessary, must appoint some proper per- 
 son to be their clerk, who holds his office during 
 their pleasure. 
 
 Court house and jail.] It shall be the duty of the 
 several boards of supervisors as often as shall be 
 necessary, to cause the court house and jail of 
 their respective counties, to be duly repaired, at 
 the expense of such counties. 
 
 Compensation.] Each member of the board of. 
 supervisors is allowed as compensation, for his 
 services and expenses in attending the meetings of 
 the board, at the rate of two dollars per day. 
 (They are now allowed travel fees and fees for 
 copies of papers, in addition to the per diem.) 
 See Laws of 1849, chap. 194. 
 
 . Penalty for neglect of duty.] If any supervisor re- 
 fuses or neglects to perform any of the duties 
 which are or shall be required of him by law, as 
 a member of the board of supervisors, he, for 
 every such offence, forfeits the sum of two hun- 
 dred and fifty dollars. 
 
 Mayor, aldermen, $-c, of New-York, ex-officio supervi- 
 sors.] The mayor, recorder and aldermen of the 
 city of New- York, are the supervisors of the city 
 and county of New- York; and all the provisions 
 of the Revised Statutes must be construed to ex- 
 tend to them respectively, except where special 
 provisions inconsistent therewith, are or shall be 
 
16 OF THE BOARD OF SUPERVISORS. 
 
 made by law, in relation to the city and county 
 of New- York. 
 
 Pay of jurors.'] It is made the duty of the boards 
 of supervisors of the respective counties, to pro- 
 vide for the payment of the per diem allowance, 
 and the travel fees of grand and petit jurors who 
 may be required to attend the courts of record 
 within their counties. Such jurors are allowed a 
 sum not exceeding one dollar per day, and travel 
 fees in going and returning, not exceeding three 
 cents per mile. 2 R. S. 643 ; tth ed., vol 2, 832. 
 
 Sound to allow salaries to officers.] In providing for 
 the payment of the salaries of officers when the 
 salary is fixed by law, a member of the board has 
 no discretion to vote against allowing the payment 
 of the salary, as it becomes due, and if he does so, 
 he subjects himself to the payment of the penalty 
 denounced by the Revised Statutes ($250,) against 
 any supervisor who shall neglefct or refuse to per- 
 form any of the duties which are required of him 
 by law as a member of the board, whatever may 
 have been the motive which influenced his vote. 
 Morris v. The People, 3 Denio, 381. And so with 
 regard to the amount certified to them by the 
 town auditors, their certificate is conclusive, and 
 the supervisors are bound to levy the sums 
 audited by them. People v. Supervisors of Queens 
 county, 1 Hill, 195. 
 
 Actions.] Actions may be brought by the board 
 of supervisors of a county, and by the supervisors 
 of towns, to enforce any liability, or any duty en- 
 joined by law to them or the body they represent; 
 and to recover any penalty or forfeiture given to 
 
OF THE BOARD OP SUPERVISORS. 17 
 
 them or the body they represent ; and to recover 
 damages for any injuries done to the property or 
 rights of the bodies they represent, such actions 
 may be brought by them notwithstanding the con- 
 tract or obligation on which the same is founded 
 may have been made with their predecessors in 
 office, and notwithstanding the right of action 
 may have accrued previous to the time when they 
 entered upon the duties of their office. 7 Wend. 
 181. 1 Cowen, 670. 2 Wend. 109. 2 R. S. 473, ith 
 ed. 715. But in actions against them, they are not 
 liable to arrest unless for some personal miscon- 
 duct in office, or some personal liability assumed 
 or incurred. 
 
 No suit commenced by or against the board of 
 supervisors of the county, or the supervisor of a 
 town, is abated by the death, removal, resignation, 
 or expiration of the term of office for which such 
 officer was elected. 
 
 To examine assessment rolls.] The board of super- 
 visors of each county in this state, at their annual 
 meeting, must examine the assessment rolls of the 
 several towns in their county, for the purpose of 
 ascertaining whether the valuations in one town 
 or ward, bear a just relation to the valuations in all 
 the towns and wards in the county ; and they may 
 increase or diminish the aggregate valuations of 
 real estates, in any town or ward, by adding or de- 
 ducting such sum upon the hundred as may, in 
 their opinion, be necessary to produce a just rela- 
 tion between all the valuations of real estates in 
 the county ; but they can, in no instance, reduce 
 
 3 
 
18 OF THE BOARD OP SUPERVISORS. 
 
 the aggregate valuations of all the towns and wards 
 below the aggregate valuation thereof, as made by 
 the assessors. 
 
 Lands of non-residents.] The board of supervisors 
 must also make such alterations in the descriptions 
 of the lands of non-residents, as may be necessary 
 to render such descriptions conformable to the pro- 
 visions of this chapter; and if such alterations 
 cannot be made, they must expunge the descrip- 
 tions of such lands, and the assessments thereon, 
 from the assessment rolls. 
 
 Tax how set down.] They must also estimate and 
 set down in the fifth column, to be prepared for 
 that purpose, in the assessment rolls, opposite to 
 the several sums set down as the valuations of re- 
 al and personal estates, the respective sums in dol- 
 lars and cents, rejecting the fractions of a cent, to 
 be paid as a tax thereon, 
 
 They must also add up and set down the aggre- 
 gate valuations of the real and personal estates in 
 the several towns and wards, as corrected by them ; 
 and cause their clerk to transmit to the comptroller 
 by mail, a certificate of such aggregate valuations, 
 showing separately the aggregate amount of real 
 and personal estate in each town or ward, as cor- 
 rected by the board. 
 
 When to strike corporations out of assessment roll.] Un- 
 der the 9th section of the fourth title of the article 
 of the Revised Statutes relative to the assessment 
 of taxes on incorporated companies, &c, the real 
 as well as the personal estate of a corporation, is 
 exempted from taxation; provided a satisfactory 
 affidavit is presented to the board of supervisors of 
 
OF THE BOARD OF . SUPEB.VISOBS. 19 
 
 the county in which such property is assessed, 
 showing that such company is not in the receipt 
 of any income or profits, either from its real or per- 
 sonal estate. 
 
 If such an affidavit is made, and filed with the 
 clerk of the board of supervisors, within the time 
 prescribed by the statute, it is the duty of such 
 board to strike the name of the corporation out of 
 the assessment roll. 
 
 But the board of supervisors should require the 
 affidavit to be in such a form as to leave no doubt 
 upon their minds, that the real as well as the per- 
 sonal estate of the corporation is wholly unpro- 
 ductive ; so that it yields neither rents nor income 
 which are received by the corporation or its agents. 
 1 Barb. Chan. Rep. 433. 
 
 Corrected assessment.] They must cause the cor- 
 rected assessment roll of each town or ward, or a 
 copy thereof, to be delivered to each of the super- 
 visors of the several towns or wards, who must 
 deliver the same to the clerk of their city or town 
 to be kept by him for the use of such city or 
 town. 
 
 The boards of supervisors of the several coun- 
 ties in this State, must cause the corrected assess- 
 ment roll of each town or ward in their re- 
 spective counties, or a fair copy thereof, to be 
 delivered to the collector of such town or ward, 
 on or before the fifteenth day of December, in 
 each year. 
 
 Warrant to be annexed.] To each assessment roll, 
 so delivered to a collector, a warrant, under the 
 hands and seals of the board of supervisors, or of 
 
20 OF THE BOARD OF SUPERVISORS. 
 
 a majority of them, must be annexed. {Form and 
 contents of warrant, Appendix, No. 14.) 
 
 In all cases, the warrant must authorize the col- 
 lector, in case any person named in the assess- 
 ment roll shall refuse or neglect to pay his tax, to 
 levy the same by distress and sale of the goods 
 and chattels of such person ; and it must require 
 all payments therein specified, to be made by such 
 collector, on or before the first day of February 
 then next ensuing. 
 
 To send account to county treasurer. .] As soon as 
 the board of supervisors have sent or delivered the 
 rolls, with such warrants annexed, to the collect- 
 ors, they must transmit to the treasurer of the 
 county an account thereof, stating the names of 
 the several collectors, the amount of money they 
 are respectively to collect, the purposes for which 
 the same are to be collected, and the persons to 
 whom, and the time when, the same are to be 
 paid ; and the county treasurers, on receiving such 
 account, must charge to each collector, the sums 
 to be collected by him. 
 
 Cities.] Whenever the laws respecting cities di- 
 rect the monies assessed for any local purpose, to 
 be paid to any person or officer, other than those 
 named in the preceding section, the collector's 
 warrant may be varied accordingly, so as to con- 
 form to such alteration. See 1 R. S. 395-6, 4th ed. 722. 
 
 Whenever any board of supervisors make out 
 any tax list and warrant, they are required not to 
 add thereto the fees of the collection, but such 
 fees are to be collected as prescribed by sections 
 29 and 30 of the Laws of 1845, chap. 1 81, as follows : 
 
OF THE BOARD OF SUPERVISORS. 21 
 
 For all sums paid within the thirty days after 
 the collector gives notice of the time and place 
 where he will receive voluntary payments of taxes, 
 the collector is entitled to receive one per cent., 
 and for those not paid within such thirty days five 
 per cent. See post, Chapter VI. Of the collector. 
 
 To call meetings of the assessors and collectors.] In 
 those cases where the comptroller notifies the 
 board of supervisors of the imperfections in the re- 
 turns, respecting non-resident lands, it becomes 
 the duty of the board, to designate a time and 
 place where the assessors and collector of the town 
 from which such imperfect retxxrns have been 
 made, must meet to correct such returns. The 
 board must give the assessors and collector notice 
 of the time and place designated. 17?. S. 420, \th 
 ed. 756. 
 
 Rejected tax.] Whenever the comptroller shall 
 have rejected any tax in the first instance, or have 
 charged the same to a county to which it shall 
 have been before credited, on account of any inac- 
 curate or imperfect description of the lands on 
 which such tax was laid, the supervisor of the 
 town in which such lands are situated, shall, if in 
 his power, add to the next assessment roll of such 
 town, an accurate description of such lands ; and 
 the board of supervisors must charge them with 
 the taxes and interest in arrear, stating the tax of 
 each year separately, and direct the collection 
 thereof. And such taxes and interest must be, 
 considered as the taxes of the year in which the 
 descriptions shall be perfected. 
 
 If an accurate description of such lands shall 
 
22 OF THE BOARD OF SUPERVISORS. 
 
 not have been added by such supervisor, to the 
 assessment roll of his town, the board of supervi- 
 sors must cause such arrears of taxes, and the 
 interest thereon, to be levied on the valuation of 
 the estates, real and personal, of such town, as 
 appearing by such assessment roll, and must di- 
 rect the same to be collected with the other taxes 
 of the same year.* 
 
 If the town in which such taxes were originally 
 assessed, has been divided since such assessment, 
 then such taxes and interest must be apportioned 
 by the board of supervisors among the towns, in- 
 cluded within the limits of such original towns, 
 in such equitable manner as they may deem proper. 
 
 It is provided, that whenever it shall be made 
 to appear to the comptroller, that any tax returned 
 as unpaid, was, previously to such return, paid to 
 the collector or county treasurer, the comptroller 
 may cancel such tax on the books of his office ; 
 and if the same shall have been also paid into the 
 treasury, he may cause it to be repaid out of the 
 treasury, to the person by whom such payment 
 was made. 
 
 Whenever any tax is so cancelled by the comp- 
 troller, he must transmit an account thereof to the 
 supervisors of the proper county, who are required 
 to cause the amount of such tax, with the interest 
 thereon, to be collected of the collector or county 
 treasurer who made such erroneous returns, and 
 to be paid into the treasury of this State. See 1 R. 
 S. 405-406. 732, 4th ed. 
 
 * The law, in regard to taxes, has been materially altered by the Legislature of 
 1855. See Laws of 1855, chap. 427, p. 781 ; that act is inserted at the close of this 
 volume. 
 
OF THE BOARD OF SUPERVISORS. 23 
 
 To report defaulting assessors and clerks.] The boards 
 of supervisors of the several counties, at every 
 annual meeting, must transmit to the comptroller 
 the names and places of abode of the town clerks 
 and assessors, in their respective counties, Avho 
 have wilfully refused or neglected to perform the 
 duties required of them, under the law respecting 
 taxes ; and the comptroller thereupon gives notice 
 to the district attornies of the proper counties, to 
 the end that they may prosecute such delinquent 
 town clerks and assessors, for the penalties incur- 
 red by them. 1 R. S. 419 ; p. 7p5, 4th ed. 
 
 To receive lists relating to highway labor.] It is the 
 duty of the supervisors of the several towns, to 
 receive the lists of the overseers of highways, when 
 delivered pursuant to the statute relating to non- 
 resident highway labor unpaid, and to lay the same 
 before the board of supervisors of the county. 
 
 Execution not to issue against board.] When a judg- 
 ment is recovered against the board of supervisors, 
 no execution can be awarded or issued thereupon, 
 unless the same shall be rendered for the costs of 
 a suit commenced by them in their individual 
 names. 2 R. S. 475 ; p. 716, 4th ed. 
 
 Equalization of assessments.] In regard to the equal- 
 ization of assessments, the supreme court decided 
 in the case of Van Rensselaer v. Whitbeck, 7 Barb. 
 133, that it was the duty of the board of supervi- 
 sors to examine the assessment rolls returned to 
 them, for the single purpose of ascertaining wheth- 
 er the valuations of real estate in one town or ward, 
 bear a just relation to those in the other towns and 
 wards in the county, and if they do not, the board 
 
2i OF THE BOARD OF SUPERVISORS. 
 
 is authorized to change such, valuation so as to 
 produce such relation. Such board has also au- 
 thority to make any alterations in the description 
 of the lands of non-residents, so as to make such 
 descriptions conformable to law. To these objects 
 the power of review vested in the board is limited. 
 The assessment rolls being returned to them, con- 
 taining the names of the persons to be taxed, and 
 the taxable property, and the assessors' valuation 
 of such property, it is the duty of the supervisors 
 after having examined and corrected the valua- 
 tions, and the descriptions of the lands of non-res- 
 idents, to proceed to annex the tax list. No mere 
 irregularity in the proceedings of the assessors 
 would justify the supervisors in omitting the dis- 
 charge of this duty, 
 
 County charges as defined by statute.] The following 
 are deemed county charges : 
 
 1. The compensation of the members of the 
 board of supervisors, of their clerk, and of the coun- 
 ty treasurer: 
 
 2. The fees of the district attorney, and all ex- 
 penses necessarily incurred by him in criminal 
 cases arising within the county : 
 
 3. The accounts of the criers of the several courts 
 within the county, for their attendance in crimi- 
 nal cases: 
 
 4. The compensation of sheriffs for the commit- 
 ment and discharge of prisoners on criminal pro- 
 cess, within their respective counties : 
 
 5. The compensation allowed bylaw to consta- 
 bles for attending courts of record, and reasonable 
 compensation to constables and other officers, for 
 
OF THE BOARD OF SUPERVISORS. 25 
 
 executing process on persons charged with crimi- 
 nal offences; for services and expenses in convey- 
 ing criminals to jail ; for the service of subpoenas 
 issued by any district attorney; and for other ser- 
 vices in relation to criminal proceedings, for which 
 no specific compensation is prescribed by law : 
 
 6. The expenses necessarily incurred in the sup- 
 port of persons charged with, or convicted of crimes, 
 and committed therefor to the several jails of the 
 county : 
 
 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 per- 
 sons employing them : 
 
 9. The moneys necessarily expended by any coun- 
 ty officer in executing the duties of his office, in 
 cases in which no specific compensation for such 
 services is provided by law : 
 
 10. The accounts of the county clerks, for servi- 
 ces and expenses incurred under the sixth chapter 
 of this act: 
 
 11. All charges and accounts for services ren- 
 dered by any justice of the peace, under the laws 
 for the relief and settlement of the poor of such 
 county ,"~and for their services in the examination 
 of felons, not otherwise provided for by law : 
 
 12. The sums necessarily expended in each 
 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 al- 
 lowed by law for the destruction of wolves and 
 
 4 
 
26 OF THE BOARD OF SUPERVISORS. 
 
 other noxious animals, and chargeable to the 
 county : 
 
 14. The sums necessarily expended in repairing 
 the court houses and jails of the respective counties: 
 
 15. The contingent expenses necessarily incur- 
 red for the use and benefit of a county ; and, 
 
 16. Every other sum directed by law to be raised 
 for any county purpose under the direction of a 
 board of supervisors : 
 
 17. Accounts of sheriffs for paying the fees of 
 clerks of counties for drawing grand juries, for at- 
 tending the drawing of grand juries, and for sum- 
 moning constables to attend courts, shall hereaf- 
 ter be presented to and audited by the boards of 
 supervisors of the counties respectively in which 
 such service shall be rendered, and such accounts 
 shall not hereafter be chargeable to this state. 1 
 R. S. 385; \th ed. 712. 
 
 County judges.] The salary of the county judge 
 shall be paid by the county, and at the close of 
 each quarter. 
 
 Surrogates.] Any separate officer elected to per- 
 form the duties of the office of surrogate, shall re- 
 ceive an annual salary, which shall be fixed by 
 the board of supervisors, and paid at the close of 
 each quarter by the county in which he shall be 
 elected, and such salary shall not be increased or 
 diminished during his continuance in office. 
 
 Officer discharging the duties of judge and surrogate.] 
 All local officers elected in any county of this 
 State, to discharge the duties of county judge and 
 surrogate, and exercise such other powers in spe- 
 cial cases as may be provided by law, shall, for 
 
OF THE BOARD OF SUPERVISORS. 27 
 
 their services respectively, be paid by the county 
 in which they shall be elected, such reasonable 
 compensation as the board of supervisors of such 
 county may deem proper to allow. 
 
 Fees to be charged by county officers.] All county 
 officers whose compensation is regulated by this 
 act, shall charge and receive from all persons, the 
 same fees and perquisites for the performance of 
 any official services performed by them, as might 
 have been charged against any person or persons, 
 by any officer or officers in this State, under any 
 law in force on the thirty-first day of December, 
 eighteen hundred and forty-six, for like official 
 services ; and shall also receive all such other fees 
 and perquisites as may hereafter be imposed by 
 law on any person for services rendered by any 
 such officer- in his official capacity. Laws of 1847, 
 chap. 277. 1 R. S. 4th ed., 712. 
 
 When board may be sued.] It has been seen in the 
 foregoing pages, that the board of supervisors have 
 a right to sue, and are liable to be sued, it there- 
 fore becomes an interesting matter of inquiry to 
 know for what they may be sued. Before we in- 
 vestigate that question, it may be well to allude 
 to some general principles applicable to such bo- 
 dies which have been settled by judicial deci- 
 sions. They are a judicial body, constituted by 
 law to decide in all matters of account between 
 individuals and the public body composing the 
 county which they represent. Brady v. The Super- 
 visors of New-York, 2 Sand. Rep., 472. Supervisors of 
 Albany, 12 J. R. 414. Merritt v. Lawrence, 6 Hill, 
 244. Ex parte Lynch, 2 Hill, 45. Like other judi- 
 
28 OF TIIE BOARD OP SUPERVISORS. 
 
 cial bodies, they may be put in motion by manda- 
 mus, but in the exercise of their discretion, if they 
 allow a part of a claim and reject a part, a manda- 
 mus even will not lie to compel the allowance of 
 the rejected part. The People v. Supervisors of Al- 
 bany, 12 /. R. 414. Sitting in the capacity of a 
 board of arbitrators or judges, it is obvious that it 
 would be inconsistent to sue them to recover a 
 claim, the merits of which they alone have the 
 right to pass upon. This discretionary or judicial 
 power has relieved them from the burthen of a 
 great variety of suits, which otherwise would no 
 doubt be brought against them . It has been suppo- 
 sed by some, that the Revised Statutes gave scope 
 enough to enable individuals to bring suits against 
 the county for any claim, cause of action or con- 
 troversy whatever, although the same may be an 
 account which could be allowed as a county 
 charge. But in the case above cited, from 2 San- 
 ford, chief-justice Oakley remarks : That the sta- 
 tute in question was intended. to provide a remedy 
 against the county for such causes of action (and 
 no other,) as could not be presented to, and exam- 
 ined and allowed by the. board of supervisors as 
 county charges. Of this class would be claims for 
 malfeasance of county officers, and claims arising 
 from costs for which the county may be liable. 
 Suits may be brought against them to adjust such 
 a controversy, or claim, or cause of action, as can- 
 not be settled and adjusted on the application of 
 the party, in the exercise of the ordinary powers 
 of the board, and which is not a county charge 
 until it passes into judgment. 
 
OF THE BOARD OF SUPERVISORS. 29 
 
 County charges defined.]. As to what is a county 
 charge, the same judge remarks, that wherever 
 services have heen rendered which are beneficial 
 to a county, and no specific compensation is pro- 
 vided for the same by law, they shall be deemed 
 contingent charges against the county. 
 
 Bright v. Supervisors of Chenango, 18 /. R. 242. 
 Mallory v. Supervisors of Cortland, 2 Cow. 583. The 
 People v. Supervisors of Albany, 12 Wend. 257. 
 
 The doctrine which seems to be established in 
 the case of Brady v. The Supervisor of New York, 
 2 Sandford S. C. Rep. 460, is this: That no action 
 can be sustained against a board of supervisors for 
 refusing to audit an account in any case. 
 
 Mandamus.] The only mode provided for putting 
 in motion such a tribunal, is by writ of manda- 
 mus, and that will not be granted to compel or 
 dictate what judgment or decision shall be given. 
 
 The following authorities decide when a man- 
 damus will, and when it will not be granted : 
 
 The People v. Supervisors of Albany, 12 Wend. 227. 
 The People v. Supervisors of Columbia, 10 id. 363. 
 The People v. the Mayor, #c, of New York, 10 id. 393. 
 The People v. Supervisors of Dutchess, 9 Wend. 508. 
 The People v. Supervisors of Westchester, 12 Barb. 446. 
 The People v. Edmonds, 15 Barb. 529. Bright v. Su- 
 pervisors of Chenango, 18 /. R., 242. Hull v. Supervi- 
 sors of Oneida, 19 /. R. 259. The People v. Supervi- 
 sors of Cayuga, 2 Cow. 530. The People v. Supervi- 
 sors of New York, 1 Hill, 362. The People v. Supervi- 
 sors of Ulster, 3 Barb. 332. The People v. Supervisors 
 of St. Lawrence, 5 Cow. 292. 
 
30 OF THE BOAED OF SUPERVISORS. 
 
 A mandamus will not be granted to compel the 
 reversal of a decision already made. Whenever 
 an inferior tribunal is clothed with discretion, a 
 superior cannot dictate how that discretion shall 
 be exercised. 
 
 Elkins v. Atheran, 2 Denio, 191. The People v. The 
 Judges of Dutchess, 20 Wend. 658. See also 12 /. R., 
 414. 19 /. R., 259. 1 Hill, 362, above cited. 
 
 But if inferior tribunals that have the power to 
 act, refuse to entertain a question addressed to 
 their discretion, in cases where the law enjoins 
 them to do the act required, the court will grant a 
 mandamus to compel obedience to the law, where 
 no other remedy exists. 19 /. R., 259. 1 Hill, 50, 
 above cited. 
 
 After the supervisors of a county have passed 
 upon the account of a constable for the expense 
 of removing paupers, and have allowed a part and 
 disallowed a part, a peremptory mandamus direct- 
 ing them to audit and allow the account will not 
 be granted on the ground of the improper rejection 
 of a part of the account. 12 /. R., 414. 
 
 A mandamus will be granted to compel the 
 board of supervisors of the county to allow the 
 account of the clerk of the county, for advances 
 made by him in purchasing books for records, etc., 
 sending notices to judges, etc.; such services 
 being required by law of the clerks of counties, 
 and no specific compensation provided for them, 
 are properly chargeable to the county, and should 
 therefore be allowed and paid. 18 /. R., 242. See 
 also ex parte Lynch, 2 Hill, 45. 
 
OF THE BOARD OF SUPERVISORS. SI 
 
 And where a statute directs the supervisors of a 
 county to levy and collect a certain amount of 
 money as a county charge, a mandamus will be 
 granted to compel them to do it. The People v. 
 Supervisors of Columbia, 10 Wend. 363. 
 
 Charges of counsel defending poor persons charged with 
 crime.] It has been decided by the courts in Iowa, 
 Hall v. Washington county, 2 Greenes' Rep. 473, that a 
 claim for services rendered by an attorney or coun- 
 sellor in defending a person charged with crime, 
 in obedience to the order of a court assigning 
 counsel for such persons, is properly a county 
 charge, and should be allowed by the board of su- 
 pervisors. 
 
 In that case, chief justice Williams remarks, 
 "that if attorneys as officers of the court, have ob- 
 ligations under which they must act profession- 
 ally, they also have rights to which they are enti- 
 tled, and which they justly claim in common with 
 other men in the business of life.' Among these . 
 rights, that of reasonable compensation for ser- 
 vices rendered in their profession is justly to be 
 considered." 
 
 Actions against counties in cases where they 
 are allowed by, must be brought against the 
 board of supervisors of the county. 2 R. S., 715, 
 4th ed. 
 
 Provide; court rooms.] The board of supervisors 
 must provide the general term of the supreme 
 court, the circuit courts, the courts of oyer and 
 terminer, special terms, county courts, and the su- 
 perior court of the city of New York, with rooms, 
 attendants, fuel, lights and stationery, suitable and 
 
32 OF THE BOARD OF SUPERVISORS. 
 
 sufficient for the transaction of their business. If 
 they neglect, the court may order the sheriff to do 
 so, and the expense when certified by the court 
 becomes a county charge. Sections 28 and 51, Code 
 of Procedure. 
 
 Legislative powers.] Supervisors have now become 
 to a certain extent legislators. The statute enact- 
 ed under article third, section seventeen of the 
 Constitution of 1846, conferring legislative powers 
 upon boards of supervisors, has been found to be 
 very convenient and valuable in its operation. As 
 its convenience begins to be more understood, and 
 the local benefits derived from its enactment more 
 generally diffused, future legislation will no doubt 
 further enlarge its scope. 
 
 The act of 1849, conferring legislative powers 
 upon this board, is as follows : 
 
 Power to alter the bounds and to erect new towns and 
 file map.] "§ 1. The boards of supervisors of the sev- 
 eral counties in this State, the county of New- 
 York excepted, at their annual meeting, shall have 
 power within their respective counties, by a vote 
 of two- thirds of all the members elected, to divide 
 or alter in its bounds, any town, or erect a new 
 town, but they shall not make any alterations 
 that shall place parts of the same town in more 
 than one assembly district ; upon application to 
 the board as hereinafter provided, of at least twelve 
 freeholders of each of the towns to be affected by 
 the division, and upon being furnished with a map 
 and survey of all the towns to be affected showing 
 the proposed alterations, and if the application be 
 granted, a copy of said map with a certified state- 
 
OF THE BOARD OF SUPERVISORS. 33 
 
 ment of the action of said board thereunto annex- 
 ed, shall be filed in the office of the secretary of 
 state, and it shall be the duty of the secretary to 
 cause the same to be printed with the laws of the 
 next legislature after such division takes place ; 
 and cause the same to be published in the same 
 manner as other laws are published. 
 
 Notice to be posted and published.] § 2. Notice in wri- 
 ting of such intended application subscribed by not 
 less than twelve freeholders of the town or towns 
 to be affected, shall be posted in five of the most 
 public places in each of the towns to be affected 
 thereby for four weeks next previous to such ap- 
 plication 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 
 printed in the county, not exceeding three in 
 number. 
 
 Name of new town to be designated and first meeting 
 appointed.] § 3. Whenever the board of supervisors 
 shall erect a new town in any county, they shall 
 designate the name thereof, the time and place of 
 holding the first annual town meeting therein, and 
 three electors of such town whose duty it shall be 
 to preside at such meeting, appoint a clerk, open 
 and keep the polls, and exercise the same powers 
 as justices of the peace wheri 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 
 5 
 
34 OF THE BOAKD OF SUPERVISORS. 
 
 one so refusing or neglecting to serve. Notice of 
 the time and place of such, town meeting signed 
 by the chairman or clerk of the board of supervi- 
 sors shall be posted in four of the most public 
 places in said town, by the persons so designated 
 to preside at such town meeting, at least fourteen 
 days before holding the same. They shall also fix 
 the place for holding the first town meeting in the 
 town or towns from which such new town shall 
 be taken. But nothing in this act shall affect the 
 rights or abridge the term of office of any justice 
 of the peace or other town officer in any such 
 town, whose term of office has not expired. 
 
 § 4. The said boards of supervisors shall haye 
 power and they are hereby authorised : 
 
 Lands may be bought to erect poor houses on.] 1. At 
 any meeting thereof lawfully assembled, to pur- 
 chase for the use of said county any real estate, 
 necessary for the erection of buildings, and for the 
 support of the poor of such county. 
 
 To erect court house, $-c] 2. To purchase any real 
 estate necessary for a site for any court house, 
 jail, clerk's or surrogate's office or other public 
 county buildings in said county. 
 
 Sites to be fixed.] 3. To fix upon and determine 
 the site of any such buildings, where they are not 
 already located. 
 
 Sale of lands.] 4. To authorise the sale or leasing 
 of any real estate, 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 
 
OF THE B.OAED OF SUfERVISORS. 35 
 
 for any county buildings, when such removal shall 
 not exceed one mile. 
 
 Erection of buildings.] 6. To cause to be erected 
 necessary buildings for poor houses, jails, clerk's 
 and surrogate's offices or other county buildings, 
 and prescribe the manner of erecting the same. 
 
 Raising of money by tax.] 7. To cause to be raised 
 by tax upon such county any sum of money to 
 erect any of the buildings mentioned in this act, 
 not exceeding the sum of five thousand dollars in 
 any one year. 
 
 Borrowing money for county use.] 8. To borrow 
 money for the use of such county, to be expended 
 in the purchase of any real estate, or for the erec- 
 tion of any such buildings, and to provide for the 
 payment thereof, with interest, by tax upon such 
 county, within ten years from the date of such 
 loan, in yearly instalments or otherwise. 
 
 For town use.] 9. To authorise any town in such 
 county by a vote of such town to borrow any sum 
 of money not exceeding four thousand dollars in 
 one year, to build or repair any roads or bridges in 
 such town, and prescribe the time for the payment 
 of the same, which time shall be within ten years, 
 and for assessing the principal and interest thereof 
 upon such town. 
 
 Poor.] 10. To abolish or revive the distinction 
 between the town and county poor of such county. 
 
 Annual meeting.] 11. To fix the time and place 
 of holding their annual meetings. 
 
 Collection of taxes.] 12. To extend and determine 
 by resolution at their annual meeting the time 
 when each collector in said county shall make 
 
36 OF THE BOARD OF SUPERVISORS. 
 
 return to the county treasurer ; but such time shall 
 in no case extend beyond the first day of March 
 then next. 
 
 Laws to destroy wild beasts, thistles, $-c] 13. To 
 make such laws and regulations as they may deem 
 necessary and provide for the enforcing of the same, 
 for the destruction of wild beasts, thistles and oth- 
 er noxious weeds, to prevent the injury and destruc- 
 tion 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 
 preserving or destroying, killing and taking wild 
 beasts or birds, fish, eels, and shell fish, are hereby 
 repealed, such repeal to take effect on the first day 
 of January, in the year eighteen hundred and fifty. 
 
 County officers to report.] 14. To require any coun- 
 ty officer, or any officer whose salary is paid by the 
 county to make a report under oath to them, on 
 any subjects or matters connected with the duties 
 of their offices : and the said officers are hereby re- 
 quired to make such report whenever called upon, 
 by resolution of any such board ; and if any such 
 officer neglect or refuse to make such report, he 
 shall be deemed guilty of a misdemeanor. 
 
 Powers in the 4th section, by what vote to be exercised.] 
 § 5. None of the powers prescribed in the last sec- 
 tion 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 subdivisions of said section, without 
 
OF THE BOARD OF SUPERVISORS. 37 
 
 a vote of two-thirds of all the members elected to 
 such boards. 
 
 Location of public buildings may be changed, .] §6. The 
 boards of supervisors shall also have power within 
 their respective counties, to change the loca- 
 tion of court houses, jails, clerks' offices, surro- 
 gates' and treasurers' offices, or other public build- 
 ings, when the distance shall not exceed one 
 mile, upon notice having been given signed by 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 public 
 buildings where the distance exceeds one mile 
 shall not be exercised unless at the next annual 
 meeting after the publication of the aforesaid no- 
 tice, a resolution shall be passed to change the site 
 of the building or buildings, to the place mention- 
 ed in said notice, by a vote of two-thirds of all the 
 members elected, and then only upon said resolu- 
 tion being published for at least six weeks succes- 
 sively in some newspaper printed in the county, 
 immediately previous to -the next annual meeting 
 of the supervisors, when by a vote of two-thirds of 
 all the members elected, the said resolution being 
 again passed, shall go into effect. 
 
 Every resolution to be signed and recorded.'] , § 7. Ev- 
 ery resolution of: any board of supervisors passed 
 in pursuance of the provisions of this act; shall be 
 signed; by the chairman and clerk of such board, 
 and be recorded in the book of miscellaneous re- 
 cords of such county. 
 
38 OF THE BOAKD OF SUPERVISORS. 
 
 Securities to be given for loans.] § 9. When moneys 
 are loaned by the comptroller to any county, the 
 treasurer thereof shall execute his official bond for 
 the payment thereof, and when loaned to any 
 town, the supervisor thereof shall execute his offi- 
 cial bond in like manner. 
 
 Allowance to supervisors for travel, $-c] § 10. Each 
 supervisor shall receive over and. above the per 
 diem compensation now allowed by law, eight 
 cents per mile for all necessary travel ' in the 
 discharge of his official duties, and three cents 
 for each name (for making a copy of the as- 
 sessment roll of his town and making out the tax 
 bill to be delivered to the collector,) for the first 
 hundred names, two cents per name for the second 
 hundred names, and one cent per name for each 
 name over two hundred. But no per diem allow- 
 ance shall be made to any supervisor while em- 
 ployed in making out such copy or tax. 
 
 Repeal.] §11. Nothing in this act contained shall 
 abridge the powers of any board of supervisors 
 which they now possess, and which are not incon- 
 sistent with the provisions of this act, and all acts 
 and parts of acts inconsistent with the provisions 
 of this act are hereby repealed." 
 
 Special commissioners.] By a law of 1838, authority 
 was conferred upon boards of supervisors, to ap- 
 point special commissioners to lay out public highways 
 in those cases where the board is satisfied that the 
 road is an. important one, and the authority con- 
 ferred upon commissioners of highways cannot or 
 will not be exercised. But, by a provision made 
 in 1848, this power cannot be exercised, unless the 
 
OF THE BOARD OF SUPERVISORS. 39 
 
 applicant for the road proves to the board the ser- 
 vice of notice in writing, on a commissioner of 
 highways, in each town through and into which 
 such highway is intended to be laid, six days pre- 
 vious to the application, specifying the object of 
 the application and the names of the commis- 
 sioners. Laws of 1848, chap. 164. 1 jR. S. 676, 4th ed. 
 They have the power to provide for the payment 
 to such special commissioners for their time and 
 expenses. Id. 
 
 To publish accounts.] By the laws of 1839, it is 
 made the duty of the board of supervisors of each 
 county in the State, to publish in one or more 
 public newspapers in such county, the name of 
 each individual who shall have had any account 
 audited and allowed by said board, the amount 
 claimed and the amount allowed, and also their 
 proceedings upon the equalization of the assess- 
 ment roll. Laws of 1839, chap. 369. 
 
 Blind.} The supervisors of any county from which 
 pupils are sent to the " New- York Institution for 
 the Blind," whose parents are unable to furnish 
 them with suitable clothing, are required, while 
 such pupils are under instruction, to raise a sum 
 of money for the clothing of such pupils, not ex- 
 ceeding twenty dollars in any one year. Laws of 
 1839, Chap. 200. They are required to raise the 
 same amount for deaf and dumb pupils. Laws of 
 1838, chap. 244. 
 
 It is also made the duty of the boards of super- 
 visors, to allow reasonable compensation to clerks 
 and sheriffs, for services under the act for pro- 
 curing statistical information concerning con- 
 
40 OF THE BOARD OF SUPERVISORS. 
 
 victs, passed April 26, 1839. Laws of 1841, chap. 
 274. ' 
 
 To provide for publishing local laws.] The board of 
 supervisors in each county, are bound to provide for 
 the publication of all general laws passed by the le- 
 gislature, and also such local laws as are prescrib- 
 ed by chapter 280 of the laws of 1845; such publica- 
 tion to be in two newspapers, printed in each coun- 
 ty, if there be as many. Laws of 1845, chap. 280. 
 
 Claims against school districts,] Whenever a claim 
 shall be presented to the board of supervisors, grow- 
 ing out of a suit against school district officers, and 
 the claimant shall have complied with the require- 
 ments of law, in regard to giving notice to his dis- 
 trict, and in all other respects, it is in the discre- 
 tion of the board to make an order that the district 
 shall pay the claim. Laws of 1847, chap. 172. 
 
 To fix salary of county treasurer.] The board of su- 
 pervisors are also required t6 fix the compensation 
 to be paid to the county treasurer, in lieu of the 
 fees formerly allowed. Laws of 1846, chap. 189. 
 
 May fill vacancies.] The board has the power also 
 to appoint a county treasurer, whenever a vacancy 
 occurs in that office; Laws of 1848, chap. 136; and 
 also to fix the penalty of his bond. Laws of 1850, 
 chap: 346. 
 
 To examine securities held by county treasurer.] It is 
 also made their duty to examine into the situation 
 of the securities and money in the hands of the 
 county treasurers, and to ascertain whether such 
 moneys are securely and safely kept, deposited or 
 invested ; and to see that such securities are ade- 
 quate and safe. Laws of 1848, chap. 277. 
 
OF THE BOARD OF SUPERVISORS. 41 
 
 To appoint time for holding town meetings.] They are 
 also required to appoint the day for holding town 
 meetings in the several towns. They are required 
 to designate some day between the first day of 
 February, and the first day of May, in each year. 
 Every town in the county must hold its town 
 meeting on the same day, and when fixed cannot 
 be changed under three years from that time. 
 Laws of 1839, chap. 389. 
 
 Plank and turnpike roads.] It is made their duty 
 to appoint inspectors of turnpike roads, Laws of 
 1848, chap. 45, and inspectors of plank roads, Laws 
 of 1847, chap. 210 ; also Laws of 1849, chap. 250 ; and 
 to determine whether an application for the con- 
 struction of a plank road shall be granted. 
 
 To separate the office of county judge and surrogate.] 
 In all cases where any county in this state, ex- 
 cept the city and county of New York, shall have 
 a population exceeding forty thousand, the board 
 of supervisors therein, at any meeting of such 
 board, may by a resolution thereof, provide for the 
 election of an officer other than a county judge, 
 who shall perform the duties of the office of surro- 
 gate therein. Laws of 1847, chap. 276, p. 306. 
 
 Such board also has power to separate the office 
 of surrogate from that of county judge, and to fix 
 the salary for the respective offices of county judge, 
 surrogate, special county judge, and local officer. 
 
 To pay for guarding jails.] Such board has the 
 power under the act entitled " An act to enforce 
 the laws and preserve order," passed April 15th, 
 1845, to cause to be levied and collected as other 
 county charges are levied and collected, such 
 
 6 
 
42 OF THE BOARD OF SUPERVISORS. 
 
 amount as shall have been audited by the comp- 
 troller, to defray the expense that may have been 
 incurred in guarding and protecting jails. 
 
 Accounts for relief of poor in Livingston Co.] A law 
 was passed in 1845, see chap. 334, p. 384, of the 
 laws of that year, for the temporary relief of the 
 poor of the county of Livingston; and in that and 
 in all other counties where they avail themselves 
 of the provisions of that act, it is made the duty 
 of the board of supervisors, to cause to be levied 
 the several, claims by that act authorized upon the 
 towns affected thereby. By the same act, it is 
 made the duty of the board to examine and audit 
 the accounts of the superintendents of the poor. 
 
 In case of vacancy may appoint superintendents of 
 poor and county treasurer.] They have the power also 
 to appoint superintendents of the poor and county 
 treasurers in those cases where a vacancy occurs 
 in those offices, but in no other case. Laws of 
 1847, chap- 498, p. 740. It is their duty also to fix 
 the penalty of the bonds of the superintendents of 
 the poor. Laws of 1850, chap. 12, p. 16. 
 
 To levy military tax.] The board of supervisors of 
 each county in this State, at their annual meeting, 
 must cause the military roll of every city, village, 
 town or ward, to be compared with the assessment 
 roll of the same city, village, town or ward, and 
 all the names on the said military roll, liable to 
 pay the said commutation of fifty cents, must be 
 transferred to the corrected assessment roll of the 
 same city, village, town or ward, and in a column, 
 to be provided for that purpose, in the corrected 
 assessment roll, must be set opposite the name of 
 
OF THE BOARD OF SUPEEVXSOKS. 43 
 
 every person so liable to pay such commutation, 
 the sum of fifty cents ; and if the person is assessed 
 for real or personal property on such assessment 
 roll, the said sum of fifty cents must be added to 
 the other tax against the same person. Laws of 
 1851, chap. 180, sect. 16, p. 341. 
 
 Idle and truant children.'] The board is required to 
 provide for the clothing, support and instruction, 
 of such idle and truant children, as are defined by 
 the laws of 1853. Laws of 1853, chap. 185, p. 358. 
 
 Juvenile delinquents.] "Whenever any juvenile de- 
 linquents are sent to the House of Refuge, under 
 the provisions of the act establishing such a House 
 in Western New- York, passed May 8th, 1846, from 
 any county entitled to send delinquents to such 
 House, the board of supervisors of each of said 
 counties, at their annual meeting, are required to 
 raise such a sum as shall, in their opinion, be, 
 sufficient to pay to the treasurer of such House of 
 Refuge, fifty cents per week, for the support of 
 every person sentenced in their county, to confine- 
 ment therein. Laws of 1846, chap. 143, p. 150; and 
 amended by chap. 304, of Laws of 1850. 
 
 Removing convicts.] They are also required to pro- 
 vide for the payment of the necessary expense of 
 removing convicts, under seventeen years of age, 
 from either of the State prisons to the House of 
 Refuge. Laws of 1847, and Laws of 1850, chap. 24, 
 pag. 29. 
 
 To tax rents.] In those counties where rents are 
 reserved in leases in fee, or for one or more lives, 
 or for a term of years, exceeding twenty-one years, 
 the board of supervisors are required to assess the 
 
44 OF THE BOARD OF SUPERVISORS. 
 
 taxes to be raised for county, town, and state pur- 
 poses, upon the persons entitled to receive such 
 rents, within the town or ward where the lands 
 upon which such rents are reserved, are situated, 
 in the same manner as they assess any personal 
 estate of the inhabitants of such town. See Laws 
 of 1846, chap. 327, p. 466, entitled "An act to equalize 
 taxation." 
 
 Special meetings.] A majority of the board can 
 compel a special meeting, by presenting a written 
 request to that effect to the clerk of the board. 
 Laws of 1838, chap. 314, p. 314. 
 
 Not to allow accounts to be withdrawn.] "Whenever 
 an account is presented to the board of supervisors, 
 it becomes their duty to number the same, and 
 cause to be entered in their minutes, the name of 
 the person by whom presented, and the time of its 
 presentation ; and they are prohibited by statute, 
 from allowing that account to be withdrawn from 
 the custody of the board or their clerk, except to 
 be used as evidence upon a judicial trial or pro- 
 ceeding, and, after being so used, it must be forth- 
 with returned. Laws of 1845, chap. 180, sect. 28. 
 
 Unpaid taxes on lands of non-residents, how collected.] 
 If the taxes on any farm or lot of land, assessed to 
 a resident, are returned as unpaid, in consequence 
 of such premises becoming vacant by the removal 
 of the occupant, before the collection of the tax 
 imposed thereon, or in default of goods and chat- 
 tels of the occupant to satisfy such tax, the super- 
 visor of the town in which such land was assessed, 
 must add a description thereof to the assessment 
 roll of the next year in the part appropriated to 
 
OF THE BOARD OF SUPERVISORS. 45 
 
 taxes on lands of non-residents, and charge the 
 same with the uncollected tax of the preceding 
 year; and the same proceedings must be had there- 
 on, in all respects, as if it were the land of a non- 
 resident, and as if such tax had been laid in the 
 year in which the description is so added; sec. 5, 
 chap. 298, Laws of 1850. See further on this sub- 
 ject Laws of 1855, p. 781; that act is hereinafter 
 inserted. 
 
 Losses by default of collector.] All losses sustained 
 by the default of the collector of any town or ward, 
 are chargeable on such town or ward. All losses 
 sustained by the default of the treasurer of any 
 county in the discharge of the duties imposed by 
 this act, are chargeable on such county. And the 
 several boards of supervisors must add such losses 
 to the next year's taxes of such town or county. 
 Sec. 25, chap. 288, Laws of 1850. 
 
 To furnish maps.] Whenever the comptroller, pre- 
 paratory to a sale of lands for taxes, deems it ne- 
 cessary, in order to test the correctness of the des- 
 criptions thereof, lie may apply to the board of su- 
 pervisors of any county, for maps of any tracts of 
 land charged with taxes, and returned from such 
 county. And the board of supervisors to whom 
 . such application shall be made, must furnish such 
 maps, at the expense of the county, if they can be 
 procured, and if not, they must then furnish such 
 descriptions of the lands, as they can obtain, with 
 a statement of the quantity in each subdivision, if 
 the same be divided. Sec. 44, chap. 298, Laws of 
 1S50. 
 
 To appoint county sealer.] The board of supervisors 
 
46 OF THE BOAKD OF SUPERVISORS. 
 
 of each county are required at their annual meet- 
 ing to appoint a county sealer of weights and meas- 
 ures, who holds his office during the pleasure of 
 the board. 
 
 The supervisors of each county must provide for 
 procuring the proper standards of weights and 
 measures for their respective counties, and for each 
 of the towns therein; and all expenses directly in- 
 curred in furnishing the several cities, counties and 
 towns with standards, or in comparing, and adjust- 
 ing those already in their possession, must he borne 
 by the respective cities, counties and towns, for 
 which such expense may have been incurred. 
 Laws of 1851, chap. 134, secs.-20 and 24. 
 
 Fees in criminal proceedings, by whom paid.] All fees 
 and accounts of magistrates and other officers for 
 criminal proceedings, including cases of vagrancy, 
 must be paid by the several towns or cities where 
 the offence may have been committed, and all ac- 
 counts rendered for such proceedings must state 
 where such offence was committed, and the board 
 of supervisors must assess such fees and accounts 
 upon the several towns or cities designated by such 
 accounts ; but when any person is bound over to 
 the oyer and terminer, or court of sessions, or com- 
 mitted to jail to await a trial in either of said courts, . 
 the costs of the proceedings had before the single 
 magistrate, are chargeable upon the towns or cities 
 as aforesaid, and the costs of the proceedings had 
 after the person- shall have been so bound over or 
 committed, are chargeable to the county; but noth- 
 ing herein contained applies to cases of felonies, 
 nor where the proceedings or trial for the offence 
 
OF THE BOARD OF SUPERVISORS. 47 
 
 is before any court of oyer and terminer or court of 
 sessions of the county, and the fines imposed and 
 collected in any such cases, must be credited to 
 said towns or cities respectively. Laws of 1847, 
 chap. 455. l£. S. 681, Ath ed. 
 
 Accounts how and when to be audited.] No account 
 shall be audited by any board of supervisors, for 
 any services or disbursements, unless such account 
 is made out in items, and accompanied with an 
 affidavit attached to, and to be filed with such ac- 
 count, made by the person presenting or claiming 
 the same, that the items of such account are cor- 
 rect, and that the disbursements and services charg- 
 ed therein have been in fact made or rendered, or 
 necessary to be made or rendered at that session of 
 the board, and stating that no part thereof has been 
 paid or satisfied. And the chairman of such board 
 is authorized to administer any oath required un- 
 der this section. The same rule applies in all re- 
 spects to town auditors and superintendents of the 
 poor. Laws of 1847, chap. 490. 1 R. S. 680, 4th ed. 
 
 The verification of such accounts is not to be 
 construed to prevent the board from rejecting the 
 whole of the claim, or any part, if they see fit. Id. ± 
 
 Bridges.] They have the power to cause, to be 
 levied, collected, and paid to the county treasurer, 
 such sum of money as may be necessary to con- 
 struct and repair the bridges in their county, and 
 to prescribe the manner of expending such moneys, 
 and to apportion the necessary tax for such pur- 
 pose among the towns, in such manner as will be 
 equitable. 
 
48 OF THE BOARD OF SUPERVISORS. 
 
 To provide for building court houses, jails, fyc. J They 
 may cause to be levied and collected such moneys 
 as they may deem necessary for rebuilding or re- 
 pairing the court house or jail in their county, and 
 for building, rebuilding or repairing, the clerk's of- 
 fice of their county, and they may prescribe the 
 plan and dictate the manner of expending the mo- 
 ney. 1 R. S. 676, 4th ed. 
 
 Highways.] They may cause to be collected in 
 any town in their county, the sum of five hundred 
 dollars, in addition to the sum ordinarily raised 
 under the highway act to repair roads and bridges, 
 provided a majority of the legal voters of the town, 
 at a legal town meeting, have voted to raise that 
 amount for such purpose. 
 
 Towns intending to apply to the board for the 
 purpose of raising that sum, or less sum, for the 
 above named purpose, must cause notice of such 
 application to be published once in each week, for 
 four successive weeks preceding the meeting of 
 the board of supervisors, at which such application 
 is to be made, in a newspaper in such county ; but 
 if no paper is printed in the county, then in some 
 newspaper nearest to such county. 1 R. S. 676, 
 4th ed. 
 
 They have no authority to raise money for this 
 purpose, unless it should appear that a written no- 
 tice of the application to the town meeting, in the 
 town where the money is to be raised, had been 
 posted on the door of the house where the town 
 meeting is to be held, and also at three public pla- 
 ces in such town, for two weeks before' the town 
 meeting; and also that such notice was openly 
 
OF THE BOARD OP SUPERVISORS. • 49 
 
 read to the electors present, immediately after the 
 opening of the meeting ; and also that such notice 
 stated the object of the application. Id. 
 
 For special provisions in regard to accounts to 
 be presented to the board in the county of Rensse- 
 laer, vide Laws of 1848, chap. 55. 1 R. S. 682, 4th ed. 
 
 Accounts- with county treasurer under poor laws.] In 
 those counties where the respective towns are re- 
 quired to support their own poor, the county trea- 
 surers thereof, must respectively open and keep an 
 account with each town, in which the town must 
 be credited with all moneys received from the same 
 or from its officers, and charged with the moneys 
 paid for the support of the poor chargeable to such 
 town. And if there be a county poor house or 
 other place provided in such county for the recep- 
 tion of the poor, the superintendents of the poor of 
 the county are required, in each year, before the 
 annual meeting of the board of supervisors of such 
 county, to furnish to the county treasurer a state- 
 ment of the sums charged by them, as hereinafter 
 directed, to the several towns for the support of 
 their poor, which must be charged to such towns 
 respectively, by the county treasurer, in his ac- 
 counts. 
 
 Accounts by superintendents.] In those counties in 
 which a poor house. is established, or a place pro- 
 vided by the, superintendents, for the reception of 
 the poor, and in which the several towns are liable 
 for the support of their poor respectively, it is the 
 duty of the superintendents, annually, and during 
 the week preceding the annual meeting of the board 
 of supervisors, to make out a statement of all the 
 
 7 
 
50 OF THE BOARD OF SUPERVISORS. 
 
 expenses incurred by them the preceding year, and 
 of the moneys received, and exhibiting the deficien- 
 cy, if any, in the funds provided for the defraying 
 such expenses ; and they must apportion the de- 
 ficiency among the several towns, in proportion to 
 the number and expenses of the paupers belong- 
 ing to such towns, respectively, who shall have 
 been provided for °by the superintendents, and 
 charge the towns with such proportions ; which 
 statement must be by them delivered to the coun- 
 ty treasurer, as before directed. 
 
 To be laid before supervisors.'] At the annual meet- 
 ing of the board of supervisors, the county treasu- 
 rer must lay before them the account so kept by 
 him, and if it appears that there is a balance 
 against any'town, the board must add the same to 
 the amount of taxes to be levied and collected up- 
 on such town, with the other contingent expenses 
 thereof, together with such sum for interest, at the 
 rate of seven dollars on the hundred, as will reim- 
 burse and satisfy any advances that may be made, 
 or that may have been made, from the county 
 treasury, for such town ; which moneys, when col- 
 lected, must be paid to the county treasurer. 
 
 Expense of supporting county poor, how defrayed.] The 
 superintendents of the poor in each county, must 
 annually present to the board of supervisors, at 
 their annual meeting, an estimate of the sum, 
 which in their opinion, will be necessary, during 
 the ensuing year, for the support of the county 
 poor; and the said supervisors must cause such 
 sum as they may deem necessary for that purpose, 
 to be assessed, levied and collected in the same 
 
OF THE BOARD OF SUPERVISORS. 51 
 
 manner as the other contingent expenses of the 
 county, to be paid/to the county treasurer, and to 
 be by him kept as a separate fund, distinct from 
 the other funds of the county. 2 R. S. 20, \th ed. 
 
 Board of county canvassers.] The board of county 
 canvassers consists of the persons to whom the in- 
 spectors of election are required by law to deliver 
 the original statements of votes given at elections 
 in the several election- districts. 
 
 The law provides that such statements must be 
 delivered to the supervisor of the town, and if there 
 be no supervisor in the town, or if he be disabled 
 from attending the board of county canvassers, 
 then such statements must be given to one of the 
 assessors of the town or ward in which such elec- 
 tion was held. 
 
 Hence the board of county canvassers ordinarily 
 consists of the board' of supervisors, although it 
 frequently happens that assessors, for the reason 
 above stated, are associated with supervisors ; and 
 in such case the board consists of such supervisors 
 and assessors, as lawfully receive from the inspec- 
 tors of election the original statement of votes cast 
 at a regular election. (See further on this subject 
 chapter entitled, " Board of County Canvassers.") 
 
 Board to assess school tax.] The state superintend- 
 ent of public instruction, is required to certify to 
 the county clerk of each county, before the 10th 
 day of July, in each year, the amount to be raised 
 by tax in his county ; and the county clerks are 
 required to deliver to the board of supervisors of 
 their respective counties, a copy of such certifi- 
 cate, on the first day of the annual meeting of the 
 
52 OF THE BOARD OF SUPERVISORS. 
 
 board. The hoard is required to assess such 
 amount upon the real and personal estate of such 
 county, in the same manner as is provided for the 
 assessment and collection of taxes. Laws of 1851, 
 chap. 151. 1 R. S. 880, 4th ed. 
 
 Lists of grand jurors.] The supervisors of the sev- 
 eral counties, except the city and county of New- 
 York, at their annual meetings in each year, must 
 prepare a list of the names of three hundred per- 
 sons, to serve as grand jurors at the courts of oyer 
 and terminer, and courts of sessions, to be held in 
 their respective counties during the then ensuing 
 year, and until new lists shall be returned. 
 
 Same in New-York.] The mayor, recorder and al- 
 dermen of the city of New- York, must meet on 
 the second Monday of July in each year, as a 
 board of'supervisors of that city and county, and 
 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. 
 
 Who to be placed on list.] In preparing such lists, 
 the said boards of supervisors must 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 approved integrity, 
 fair character, sound judgment, and well informed. 
 
 Who to be omitted.] Persons exempt by law from 
 serving as jurors for the trial of issues of fact, must 
 not be placed on any list of grand jurors, required 
 by the preceding provisions. 
 
OP THE BOARD OP SUPERVISORS. 53 
 
 Contents of lists $-c] The lists so made out by the 
 said boards of supervisors, must contain the chris- 
 tian and surnames, at length, of the persons 
 named therein, their respective places of residence, 
 and their several occupations ; it must be certified 
 by the clerk of the board of supervisors, and be 
 filed in the office of the clerk of the county, with- 
 in ten days after the first day of the meeting at 
 which the same is herein directed to be made. 
 
 Increasing number pf jurors in New-York.] If a cir- 
 cuit judge of the first district, the mayor and re- 
 corder of the city of New- York, or any two of 
 them, shall at anytime be of opinion that a greater 
 number of persons than that herein required, 
 should be returned, to serve as grand jurors, 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. 
 
 Same in other counties.] If the county judge of any 
 other county of this state, shall at any time be of 
 opinion that a greater number of persons than 
 that herein required, should be returned to serve 
 as grand jurors in their county, they may, by an 
 order under their hands, direct such number to be 
 increased ; but such increase must not exceed one 
 half the number herein required to be selected for 
 such county. 
 
 Duty of supervisors.] Upon any order which is au- 
 thorized as above, being served upon the board of 
 supervisors, they must at their next annual meet- 
 ing, increase the number of persons returned by 
 
54 OF THE BOARD OF SUPERVISORS. 
 
 them to serve as grand jurors, pursuant to such 
 order. , 
 
 To facilitate the formation of the list of grand 
 jurors, the supervisor of each town, as soon after 
 the annual session of the board commences as 
 practicable, should present to the board a list of 
 such names as he deems qualified to serve, adding 
 to their names, their occupation. Much discrimi- 
 nation and care should be used in preparing this 
 list, for upon the fidelity with which this duty is 
 discharged, depends much of the security of the 
 community in their persons and property, from vi- 
 olence, disorder and crime. The statute prescribes, 
 as mentioned above, that the persons selected as 
 grand jurors, must be men of approved integrity, fair 
 character, sound judgment, and well informed. 2 R. 
 S. 720, 4th ed. 905. The jurors must be apportion- 
 ed according to the population of each town. 
 
 Dogs.] The board of supervisors are required to 
 issue their order on the county treasurer, for the 
 amount of the damages appearing by the certifi- 
 cate of the fence-viewers, to have been sustained 
 by the owner of any sheep, killed or injured by dogs, 
 where they are satisfied that the owner or posses- 
 sor of such dogs cannot be discovered, or that the 
 party injured has failed to recover such damages 
 of such owner or possessor ; which order must be 
 paid from the fund constituted by the tax on dogs, 
 and from no other fund. 1 R. S. 704. 2 R. S. 4th 
 ed. 112. Vide also the chapter upon the duties of 
 assessors; post. 
 
 Accounts audited by town auditors.] The board of 
 town auditors meet annually in each town for 
 
OF THE BOAED OF SUPERVISORS. 55 
 
 the purpose of auditing town accounts, on the last 
 Thursday preceding the annual meeting of the 
 hoard of supervisors. 
 
 They make a certificate, specifying the name of 
 the person in whose favor the account is drawn, 
 the nature of the demand, and the amount allow- 
 ed, (vide the chapter on town auditors,) and deli- 
 ver the same, or a duplicate, to the town clerk, and 
 also a copy to the supervisor of the town, to he 
 laid hy him before the hoard of supervisors, who 
 are authorised and directed to cause to be levied 
 and raised upon said town, the amount specified 
 in such certificate, in the same manner as they 
 levy and raise other town charges. 1 R. S. 664, 
 4th ed. 
 
 The accounts of justices of the peace and con- 
 stables, for their fees in criminal proceedings, 
 must be audited by the board of supervisors. 
 
 Marshals.] The accounts for the services of mar- 
 shals, under the act of 1855, for taking the census, 
 must be audited, assessed and collected as a part 
 of the contingent expenses of the county. Laws 
 of 1855, chap. 64, p. 90. ' 
 
 The marshal is entitled to receive for his services 
 under that act, the sum of two dollars and no 
 more, for each day he is actually and necessarily 
 employed. Laws of 1855, chap. 181, p. 259. 
 
 Mode of electing printer and publishing laws.] The 
 board of supervisors are required at their annual 
 meeting, to appoint the printers for publishing the 
 laws in their respective counties. The appoint- 
 ment is made as follows: Each member desig- 
 nates by ballot one newspaper printed in the 
 
56 OF THE BOABJD OF SUPERVISORS. 
 
 county, to publish the laws, and the paper having 
 the highest number of votes, and also the paper 
 having the next highest number of votes, are the 
 papers which must be designated for printing the 
 laws. If there be but one paper printed in the 
 county, then the laws must be printed in that 
 paper. Laws of 1845, chap. 280, p. 30-5, 
 
 The laws to be published as mentioned above, 
 are those of a general nature passed by the legis- 
 lature ; and those of a local nature must be pub- 
 lished in those counties affected by such local 
 laws. Such printers are allowed ten cents per 
 folio, but no county paper is allowed more than 
 fifty dollars for printing such laws in any one year. 
 
 The board must assess and cause to be collect- 
 ed, the necessary expenses for publishing such 
 laws. 
 
 State tax.] The law of 1842, providing for the 
 collection of a state tax of one mill on the dollar, 
 of the valuation of the real and personal estate, 
 within the state, is repealed by chap. 335, of the 
 Laws of 1855, except so far as the provisions of 
 that act may be necessary for the collection of 
 the taxes heretofore assessed under the same. 
 
 It is now provided that there must be imposed 
 for the fiscal year commencing on the first day of 
 October, 1855, a state tax of one mill and a quar- 
 ter, on each dollar of the valuation of real and 
 personal property, taxable in this State; to be 
 assessed, raised and collected upon, and by the 
 annual assessments and collection of taxes for 
 that year. Laws of 1855, chap. 335, p. 611. 
 
 The board must levy and provide for the col- 
 
OF THE BOARD OF SUPERVISORS. 57 
 
 lection of such tax, in the same manner as has 
 been described for the raising and collection of 
 other taxes. 
 
 Indigent insane persons.] In those cases where an 
 • indigent insane person has been sent to the 
 asylum by his friends, who have paid the bills 
 therein for six months, if the superintendent .cer- 
 tifies that he is a fit patient and likely to be bene- 
 fited by remaining in the institution, the board 
 of supervisors of his county are required, upon 
 application on oath in his behalf, to raise a sum 
 of money sufficient to defray the expenses of his 
 remaining there another year, and pay the same 
 to the treasurer of the asylum. 2 R. S. 46, 4th ed. 
 
 May fix the number of. superintendents of poor.] The 
 board has the right to direct that only one super- 
 intendent of the poor be elected in each county, 
 who holds his office for three years ; but in coun- 
 ties where no such resolution is passed by the 
 board, three superintendents must be elected. 
 
 May fill vacancy.] They may appoint superinten- 
 dents of the poor to fill a vacancy in that office. 2 
 R. S. 11, 4th ed. 
 
 Coroners' accounts.] Before auditing the accounts 
 of coroners, the board must require of them a 
 statement in writing, containing an inventory of 
 all money and other valuable things found with 
 persons on whom inquests may have been held, 
 and the manner in which the same may have 
 been disposed of, verified by the oath or affirma- 
 tion of the coroner making the same, that such 
 statement is in all respects just and true, and that 
 the money and other articles mentioned therein 
 
58 OF THE BOARD OF SUPERVISORS. 
 
 have "been delivered to the treasurer of the county, 
 or to the legal representatives of such person. 
 Laws o/1842, chap. 155. 2 R. S. 4th ed., 926. The 
 board is required to audit and allow to such coro- 
 ners, all reasonable expenses incurred by them in 
 that behalf, in addition to the fees allowed for 
 holding an inquest. (Vide post, chapter on coro- 
 ners.) 
 
 Additional security from commissioners of loans.] 
 When the supervisors have reason to apprehend 
 that the loan commissioners or their sureties are 
 likely to fail, it is their duty to require such com- 
 missioner to give such additional security as they 
 deem reasonable and satisfactory. Laws of 1837, 
 chap. 150. 1 R. S. 4th ed., 576. 
 
 The loan commissioners are required to exhibit 
 to the board of supervisors at each annual meet* 
 ing of the board, all of the mortgages and other se- 
 curities taken or held by them for moneys loaned 
 by virtue of their office, and also their books of ac- 
 count, minutes and vouchers. 
 
 Non-resident taxes belonging to school districts.] The 
 county treasurer having laid before the board of 
 supervisors, the account, affidavit and certificate 
 required in the case of the non-payment of non- 
 resident taxes belonging to school districts, it be- 
 comes their duty to cause the amount of such un- 
 paid taxes, with seven per cent, of the amount in 
 addition, to be levied upon the lands of non-resi- 
 dents, on which the same were imposed, and if 
 imposed on the lands of any incorporated com- 
 pany, then upon such company, in the same man- 
 ner that the contingent charges of the county are 
 
OF THE BOARD OF SUPERVISORS. 59 
 
 levied and collected, and the amount returned to 
 the county treasurer. 
 
 Suits against school districts.] In 1847, a law was 
 passed relating to the duties of the board respect- 
 ing suits against the trustees of school districts. 
 In 1849, the first section of that act was amended. 
 Laws of 1849, chap. 388. There are so many claims 
 of this kind presented to the board, and the law is 
 so seldom complied with, by those presenting the 
 same, that it has been thought advisable to give 
 the act as now amended, entire. It is as follows: 
 
 "§ 1. Whenever a suit shall have been com- 
 menced or shall hereafter be commenced against 
 the trustees of a school district, in consequence 
 of acts by them performed in pursuance of the 
 direction of such district, for any act performed by 
 virtue of, or under color of their office, and such 
 suit shall have been finally determined, or when- 
 ever after the final determination of any suit 
 commenced by or against any trustees or other 
 officers of a school district, a majority of the tax- 
 able inhabitants of any school district shall so de- 
 termine, it shall be the duty of the trustees to 
 ascertain in the manner hereinafter described, the 
 actual amount of all costs, charges and expenses 
 paid by such officer, and 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 officer, by virtue of this act, entitled 
 to receive the same ; but this provision shall not 
 extend to suits for penalties, nor suits or proceed- 
 
60 OP THE BOAKD OF SUPERVISORS. 
 
 ings to enforce the decision of the superintendent. 
 
 Persons paying costs to present an account verified by 
 oath.] §>2. Whenever any person mentioned in the 
 first section of this act shall have paid any costs, 
 charges or expenses as mentioned in said first sec- 
 tion, he shall make out an account of such char- 
 ges, costs and expenses so paid hy him, giving the 
 items thereof, and verify the same hy his oath or 
 affirmation ; he shall serve a copy of said account 
 so sworn to, upon the trustees of the district against 
 which such claim shall he made, together with a 
 notice in writing that on a certain day therein spe- 
 cified, he will present such account to the hoard 
 of supervisors of the county in which such school 
 district shall be situated, for settlement 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 set- 
 tlement. 
 
 Payment when to be ordered by supervisors.] § 3. Upon 
 the appearance of the parties, or upon due proof of 
 service of the notice and copy of account men- 
 tioned in 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 entered 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 
 
OF THE BOAKD OF SUPERVISORS. 61 
 
 portion of such account shall he so ordered to he 
 paid which shall appear to the said hoard 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 facie evi- 
 dence of the correctness thereof. The board may 
 adjourn the hearing from time to time as justice 
 shall seem to require. 1 R. S. 911, 4th ed. 
 
 Section 2. Duties of the Clerk of the Board of 
 Supervisors. 
 
 The language of the statute is. quite indefinite 
 as to what shall be the qualifications of a clerk of 
 the board of supervisors ; at least he must be 
 " some proper person." 
 
 The clerk having been appointed by the board, 
 it is made his duty, "to record in a book, to be pro- 
 vided for the purpose, all the proceedings of the 
 board : 
 
 " To make regular entries of all their resolutions 
 or decisions on all questions concerning the rais- 
 ing or payment of moneys : 
 
 " To record the vote of each supervisor on any 
 question submitted to the board, if required by 
 any member present: and, 
 
 " To preserve and file all accounts acted upon 
 by the board." 
 
 His office is to be the depository of the books, 
 records, and accounts of the board: the- same are 
 to be open without reward to the examination of 
 all persons. 
 
 It is his duty to designate upon every account 
 upon which any sum shall be audited and allow- 
 ed by the board, the amount so audited and 
 
62 OF THE BOARD OF SUPERVISORS. 
 
 allowed, and the charges for which the same was 
 allowed ; and he is also bound to deliver to any 
 person who may demand it a certified copy of any 
 account on file in his office, upon the receipt from 
 each person of the sum of six cents for every folio 
 of one hundred and twenty-eight words contained 
 in such copy. 1 R. S. 367, 682, 4th ed. 
 
 It has already been mentioned in the chapter 
 upon supervisors, that the supervisor is required 
 each year to report an abstract of the expenses re- 
 lating to the poor, in those counties where all of 
 the poor are not a county charge. When the 
 clerk receives such abstracts, it becomes his duty 
 to deliver the same to the county superintendent 
 of the poor of his county, and if he neglects or 
 refuses to deliver them, or certified copies thereof, 
 or if he shall wilfully make and deliver any false 
 copy, he forfeits the sum of one hundred dollars, 
 to be recovered by the district attorney in the 
 name of the people of the state, for the benefit of 
 the poor of the county. 1 R. S. 632; p. 25, vol. 2, 
 4th ed. 
 
 To send aggregate valuation of real estate to comp- 
 troller.] The clerk of the board of supervisors of 
 the several counties, is required, on or before the 
 second Monday in December of each year, to 
 transmit to the comptroller by mail, in the form 
 which may be prescribed by him, a certificate or 
 return of the aggregate valued amount of real and 
 personal estate in each town, or ward, as corrected 
 by the board of supervisors. The comptroller 
 sends a blank to each clerk of the board, and in 
 filling up and returning the same the clerk must 
 
OF THE BOARD OP SUPERVISORS. 63 
 
 add his name and post-office address. The clerk 
 who neglects or refuses to make such return, for- 
 ' feits to the people of this State the sum of fifty 
 dollars. Laws of 1836, chap. 117, p. 155. 
 
 To publish names of persons who present claims.] He 
 must publish in one or more public newspapers 
 in his county, the name of every individual who 
 may have had any account audited and allowed 
 by the board, and the amount of such claim as 
 allowed, together with the amount claimed. (For 
 form of this statement, see Appendix, No. 15.) 
 
 Equalization.] He must also publish in the man- 
 ner above stated, the proceedings of the board 
 upon the equalization of the assessment rolls. 
 
 To publish abstract of town accounts.] He must also 
 prepare for publication the abstracts of town 
 accounts that are made out by the town auditors 
 and forwarded to him, and cause the same to be 
 published. (See form of such statement, Appendix, No. 
 16.) 1 R. S. 683, 4th ed. 
 
 To publish supervisor's accounts.] It is also the duty 
 of clerks of boards of supervisors, on the thirty- 
 first day of December, or within ten days previous 
 thereto, in each year, to make out a statement, 
 showing, 
 
 1, The amount of compensation audited by the 
 board of supervisors to the members thereof seve- 
 rally, 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 tra- 
 velled by the members respectively in attending 
 the meeting of the board : 
 
64 OP THE BOARD OF SUPERVISORS. 
 
 3. Whether any accounts were audited or 
 allowed without Being verified according to law, 
 for any member of the board of supervisors, or any 
 other person, and if any, how much, and for what. 
 
 Such statement must be certified by such clerk 
 and printed in a newspaper printed in the county, 
 in the manner that the accounts audited by the 
 board of supervisors are required to be published, 
 within two weeks after such statement shall be 
 made out, {See form, Appendix, No. 17.) It is made 
 the special duty of such clerk to see that the same 
 is so published, and for intentionally neglecting to 
 do so, such clerk is deemed guilty of a misde- 
 meanor. 1 R. S. 683, 4th ed. Laws of 1847, chap. 
 455, p, 586. 
 
 , In the preparation of the statements in regard 
 to the equalization of the assessment rolls, much 
 variety of practice exists in different counties. 
 Some clerks prepare only one table, which they 
 make to consist of the results of the equalization, 
 with the several columns for the different taxes 
 annexed. This process fails to spread before the 
 ■ electors all of the proceedings which the ^statute 
 seems to indicate should be published. For con- 
 venience, these proceedings may be published in 
 separate statements, or tables. 
 
 The table, or statement, relating to the equali- 
 zation of the assessment rolls only, may be in the 
 form prescribed in Appendix, No. 18; and when 
 the ratio is made and the tax apportioned, then it 
 is suggested that the table should be in the form 
 as given in Appendix, No. 19. In some counties, 
 this is called the "statistical table." Form No. 19 
 
OF THE BOARD OF SUPERVISORS. 65 
 
 is the one Used in St. Lawrence county ; the pro- 
 ceedings of the board in that county are prepared 
 with great care. 
 
 When the supervisors make an order abolishing 
 the distinction between town poor and county 
 poor, and decide to have all the, poor a county 
 charge, the clerk of the board must serve notice 
 of such order immediately on the overseers of the 
 poor of every town in the county, and also upon 
 the clerk of each town, village or city within such 
 county. 2 R. S. 14,4th ed. Also 1 R. S. 15, 4th ed., 
 sees. '34 and 38. 
 
 To approve bonds.] The bonds of superintendents 
 of the poor are executed to the board of supervi- 
 sors. The clerk is required to endorse upon such 
 bond a certificate to the effect that the board have 
 approved of the bond, and after endorsing his ap- 
 proval, such bond is required to be filed in the of- 
 fice of the county clerk. Laws of 1848, chap. 327, 
 p. 455. 
 
 To prepare list of grand jurors.] The clerk prepares 
 the list of grand jurors and files the same in his 
 office, and forwards a certified copy of such list to 
 the county clerk. This should be done without 
 delay, either during the session of the board or im- 
 mediately thereafter. 
 
 General abstract.] The duty of putting in form the 
 statement usually denominated the "general ab- 
 stract," devolves upon the clerk. This usually 
 consists of the following number of columns : 
 
 1. The name of the town. 
 
 2. The number of acres of land in each town. 
 
 3. The assessors' valuation of the real estate. 
 
 9 
 
66 OP THE BOAED OF SUPERVISORS. 
 
 4. The equalized valuation of real estate. 
 
 5. The amount of personal property. 
 
 6. The aggregate equalized valuation. 
 
 7. Amount of state tax. 
 
 8. Proportion of county tax. 
 
 9. Amount of town taxes. 
 
 10. Rate of tax upon one hundred dollars of as- 
 sessors' valuation. 
 
 11. Names of collectors. 
 
 12. Amount to be paid to. the. overseers of the 
 poor. 
 
 13. Amount to be paid to the commissioner of 
 highways. 
 
 14. Amount to be paid to the supervisors. 
 
 15. Amount to be paid to the county treasurer 
 for the support of the town poor at the poor 
 house. 
 
 16. Rejected taxes assumed. 
 
 17. Surplus levy of 18 . 
 
 18. Deficit levy of 18 . 
 
 19. Assumed non-resident school tax. 
 
 20. Amount to be paid to the commissioner of 
 highways for non-resident highway labor. 
 
 21. Amount to be paid to the county treasurer 
 for non-resident school taxes re-assessed. 
 
 22. Rejected taxes re-assessed. 
 
 23. Amount to be paid to county treasurer for 
 county levy, and rejections re-assessed and as- 
 sumed. 
 
 24. Aggregate state, county, and town appro- 
 priations. 
 
 25. Amount in the hands of the county treasu- 
 rer for military fund credited to each" town. 
 
OF THE BOARD OF SUPERVISORS. 67 
 
 26. Names of incorporated companies; their 
 capital stock, real estate, amount taxed, and tax. 
 {For form of general abstract, see Appendix, No. 20.) 
 
 To furnish county treasurer with general abstract.] 
 The clerk should furnish the county treasurer with 
 a certified copy of the general abstract. 
 
 Special meetings.] Upon the written request of a 
 majority of the supervisors of the county, the clerk 
 may call special meetings of the board. 1 R. S. 
 677, sec. 8. 
 
 To lay notice of apportionment of moneys before the 
 board.] When the clerk of a county receives from 
 the superintendent of public instruction notice of 
 the apportionment of moneys to be distributed in 
 the county, he files the same in his office, and 
 transmits a certified copy to the county treasurer, 
 and to the clerk of the board of supervisors of the 
 county ; and the clerk of the board is required to 
 lay such copy before the supervisors at their next 
 meeting. 
 
 To transmit copies of resolutions to superintendent of 
 public instruction.] The clerk is required to send 
 certified copies of all resolutions passed by the 
 board, relating to the raising of money for school 
 purposes, to the superintendent of public instruc- 
 tion. 
 
 To send certificate relating to loan commissioners to 
 comptroller.] The board are required at each annual 
 meeting, to examine the mortgages, securities, ac- 
 counts and minutes of the commissioners for loan- 
 ing the moneys belonging to the United States, and 
 to certify under their hands, the state in which 
 they find such moneys, and the result of their ex- 
 
68 OT THE BOAED OF SUPERVISORS. 
 
 animation. The clerk must forthwith transmit 
 such certificate or a certified copy of the same to 
 the comptroller. 1 R. 8. 577, 4th ed. (For form of 
 certificate, see Appendix, No. 21.) 
 
 New towns.] The board having decided to erect 
 a new town, and having designated the name, the 
 time, and place of holding the first annual town 
 meeting, and the three electors to preside at such 
 meeting, it becomes the duty of the clerk to trans- 
 mit a notice, to be signed by him or the chairman 
 of the board, to the persons designated to preside 
 at such meeting, to the end that such notice may 
 be posted in four of the most public places in the 
 town, at least fourteen days before holding such 
 town meeting ; which notice must designate the 
 time and place for holding such meeting. 1 R. S. 
 678, 4th ed. While the duty of posting such no- 
 tices is devolved upon the persons who are desig- 
 nated to preside at such meeting, yet it is recom- 
 mended that the clerk should especially enforce 
 such duty upon the persons so designated, in or- 
 der to prevent any irregularity in the holding of 
 such meeting. 
 
 To exchange published proceedings.] It has been re- 
 commended by the comptroller, that each clerk of 
 the board should annually transmit to the clerks 
 of the several other boards throughout the State, 
 a copy of the published proceedings of his board. 
 This matter is alluded to in the next section of 
 this chapter. In order to facilitate the transmis- 
 sion of these documents, it would be well for the 
 clerk of each board, before the first day of Septem- 
 ber in each year, to send his post-office address to 
 
OF THE BOARD OF SUPERVISORS. 69 
 
 each county clerk throughout the State. By this 
 arrangement the proceedings would he more cer- 
 tain to reach their destination. 
 
 Town houses.] He is required to furnish certified 
 copies of all resolutions which may be passed by 
 the hoard, authorising money to be raised for the 
 purchase of a site for a town house, and for pay- 
 ing the expenses of erecting the same. Laws of 
 1847, chap. 197. 
 
 Collector's warrant.] In preparing the warrants for 
 the collection of taxes, to be delivered to the col- 
 lectors of the several towns, the clerk usually pro- 
 vides himself with printed forms, It would be 
 well to have printed upon or attached to the war- 
 rant, the 29th and 30th sections of the act passed 
 May 10th, 1845, chap. 180, together with the 
 amendment ofthe 29th section, as prescribed by the 
 Laws of 1847, chap. 482. 1 R. S. 723, 4th ed. By 
 printing those two sections upon the warrant, the 
 collector will be less liable to make mistakes in 
 the discharge of his duty, so far as giving the no- 
 tices and performing the other duties required by 
 the act of 1845. (Form of collector's warrant, Appen- 
 dix, No. 14.) 
 
 To send description of seal to county clerk and secre- 
 tary of state.] The board of supervisors are now 
 authorised to adopt a seal, and when so adopted, 
 it becomes the duty of the clerk to cause a des- 
 cription of the same, together with an impression 
 therefrom, to be filed in the office of the county 
 clerk, and in the office of- the secretary of state; 
 and the same thereupon becomes the seal of the 
 board of supervisors of such county. Copies of 
 
70 OF THE BOARD OP SUPEKVISORS. 
 
 all papers duly filed in the office of the clerk of the 
 board, and transcripts from the hooks of records 
 kept in his office, certified by him, with the seal of 
 office affixed, are evidence in all courts and places, 
 the same as if the originals were produced. Laws 
 of 1855, p. 383. 
 
 What papers to be furnished to county treasurer.] The 
 clerk usually furnishes the county treasurer with 
 a certified copy of the general abstract, the form 
 of wjiich has been given in the appendix at No. 20. 
 This is indispensable to the treasurer, in order that 
 he may discharge his duties correctly with the 
 several persons and public officers to whom he is 
 required to disburse money. 
 
 It is desirable that he should also furnish the 
 county treasurer with certified copies of all reso- 
 lutions passed by the board, appropriating money, 
 and with certified copies of all county orders made 
 by the board. This will not only facilitate the 
 performance of the duties of the treasurer, but will 
 tend to protect the treasury against frauds. He 
 should also furnish the county treasurer with cer- 
 tified copies of the list containing the per diem 
 allowance of grand and petit jurors. 
 
 Credentials of officers.] Whenever any officer is 
 chosen or appointed by the board, it becomes the 
 duty of the clerk to furnish such officer with a 
 certified copy of the resolution by which he was 
 appointed. 
 
 To keep a journal.] It is recommended that the 
 journal of the proceedings of the board, be kept as 
 nearly as may be in the form usually adopted in 
 keeping the journal of legislative proceedings. 
 
OF THE BOARD OF SUPERVISORS. 71 
 
 Order book.] It is desirable that the clerk should 
 keep a book to be denominated the " order book," 
 in which should be entered a note of all town and 
 county orders issued by the board, containing the 
 names of the persons to whom orders were issued, 
 the number of the order, and the amount. 
 
 Form of orders.} In drawing orders, the practice 
 is adopted in many counties to draw them paya- 
 ble to the order of the person to whom they are 
 issued, and not to the bearer; making them payable 
 to the order of the party is the more desirable form. 
 By adopting that form, the treasury is less liable 
 to be defrauded by spurious orders ; and in case 
 an order should be lost, the party to whom it 
 rightfully belongs will have less inconvenience in 
 procuring another. 
 
 To keep a record.] In addition to the journal above 
 mentioned, it is desirable that a record be made 
 of all such proceedings as are required to be pub- 
 lished. Such record is not only convenient as a 
 matter of evidence, when any of the proceedings 
 of the board are required to be proved in court, 
 but the same is necessary as a matter for future 
 reference. 
 
 Index.] To facilitate the reference to any of the 
 records or proceedings of the board, it is recom- 
 mended that the clerk should keep a book to be 
 denominated the "index book," in which he should 
 arrange alphabetically the heads of all of the sub- 
 jects embraced in such records and proceedings. In 
 preparing the proceedings of the board of supervi- 
 sors for publication, it is recommended that the 
 clerk should group together all the acts and reso- 
 
72 OP 'THE BOARD OP SUPERVISORS. 
 
 lutions passed by the board, so that they may be 
 read and examined without the trouble of going 
 through with the whole of the proceedings, partic- 
 ularly those resolutions which are designed to have 
 the force of legislative enactments. 
 
 To report to adjutant general.'] He is required, to 
 inform the adjutant general of the number of per- 
 sons, enrolled in each county, under the act for the 
 enrolment of the militia, liable to perform milita- 
 ry duty, including all members of volunteer com- 
 panies, and all members of fire companies, on or 
 before the first day of December in each year. 
 Laws of 1854, chap. 398,. title 3, p. 1030. 
 
 Fees.] He is entitled to receive a reasonable com- 
 pensation for his services. That compensation 
 must be fixed by the board and paid by the coun- 
 ty, besides the compensation already mentioned. 
 
 In preparing the certificate to be annexed to the 
 published proceedings of the board, the clerk may 
 use the form prescribed at No. 22, Appendix. 
 Section 3. Mode of procedure as a board. 
 
 The several supervisors of the towns having con- 
 vened* for the purpose of forming a board, and hold- 
 ing their annual meeting, the clerk .of the last 
 board proceeds, to call the roll of the names of the 
 supervisors elect. 
 
 Should each town clerk report the name of the 
 supervisor of his town, as it has been suggested 
 that he should do, the roll will be called from the 
 list of such names. The clerk, it seems, may as- 
 certain the names of the supervisors elect, from 
 any authentic source. Should the seat of a mem- 
 ber of the board be contested, the certificate of the 
 
OF THE BOARD OF SUPERVISORS. 73 
 
 town clerk would settle the question, until a com- 
 mittee of the board should report, and the seat be 
 otherwise awarded. 
 
 A majority appearing constitutes a quorum for 
 the transaction of business. 
 
 The first step ordinarily is to elect a chairman, 
 pro tern. This may be done by a motion, by any 
 member elect, who sees fit to make the same, 
 the person moving at the same time taking the 
 sense of the meeting, by an ordinary viva voce vote. 
 Some member then should offer a resolution in 
 writing, nominating a chairman of the board. The 
 chairman pro tern, takes the sense of the meeting 
 in the ordinary manner, and the person receiving 
 the greatest number of votes is declared chairman 
 of the board. The chairman may be elected by 
 ballot, should that be deemed by a majority the 
 more satisfactory manner. He holds his office for 
 that meeting, and for all the subsequent meetings 
 of the board during the year. 
 
 The board next proceeds to electa clerk, whose 
 duties are pointed out in the last section ; those 
 duties in other respects will necessarily be referred 
 to again in this section. 
 
 The board being thus organized, before any 
 other steps are taken, provision should be made 
 for adopting a code of rules, and orders for the 
 regulation and government of its proceedings. For 
 this purpose a member offers a resolution as fol- 
 lows : 
 
 . Resolved, That the rules of proceeding as laid 
 down in the work entitled (here insert the title ■ of the 
 book,) be adopted as the rules for the government 
 10 
 
74 OF THE BOARD OF SUPERVISORS. 
 
 of this body, so far as applicable, until otherwise 
 ordered ; and that the chairman appoint a com- 
 mittee of three, to report as soon as practicable, 
 upon a code of standing rules for the government 
 of this board. The chairman appoints the com- 
 mittee. The next step ordinarily is the appoint- 
 ment of the standing committees. As this re- 
 quires some time, and the business of the board is 
 much facilitated by selecting the several commit- 
 tees with reference as much as practicable to their 
 business habits and occupations, and as the chair- 
 man requires a little time to become acquainted 
 with th6 members, it is customary at this stage of 
 the proceedings to adjourn for a short time. 
 
 The committee on rules, in the meantime, pre- 
 pare their report, and upon the assembling of the 
 board at the adjourned hour, report those already 
 adopted, or such amendments as they deem proper. 
 
 The following rules, taken as far as applicable, 
 from the manual of the Legislature of 1855, are re- 
 commended as convenient and appropriate stand- 
 ing rules *to be adopted. 
 
 RULE 1. 
 
 Upon the appearance of a quorum, the chair- 
 man having taken the chair and the members 
 being called to order, the minutes of the preceding 
 day must be read, to the end that any mistakes 
 therein may be corrected by the board. 
 
 RULE 2. 
 
 Order of business.] After the minutes are read and 
 approved, the order of business shall be as fol- 
 lows : 
 
 1. The presentation of petitions. 
 
OF THE BOARD OF SUPERVISORS. 75 
 
 2. Reports of standing committees. 
 
 3. Reports of select committees; 
 
 4. Introduction of resolutions, notices, and mo- 
 
 tions. 
 
 5. Unfinished business. 
 
 6. Special orders of the day. 
 
 7. General orders of the day. 
 
 ^ EULE 3. 
 
 Standing committees.] Standing committees to con- 
 sist of three or five members, shall be appointed by 
 the chairman unless otherwise ordered by the 
 board, on the following subjects: 
 
 1. To audit sheriffs' and jailers' accounts. 
 
 2. To audit justices' and constables' accounts. 
 
 3. To audit miscellaneous accounts. 
 
 4. To foot assessment rolls, compare copies with 
 the originals, and collect the amounts. 
 
 5. To equalize valuation. 
 
 6. To provide for rejected taxes. 
 
 7. To apportion taxes and make ratio. 
 
 8. To settle with county treasurer. 
 
 9. To fill collector's warrant. 
 
 10. To apportion and make list of grand jurors. 
 
 11. To make abstract. 
 
 12. To settle with county superintendent of poor. 
 
 13. On ways and means. 
 
 14. To examine proceedings of commissioners 
 
 of loans. 
 
 15. To assess non-resident highway labor. 
 
 16. To examine and foot military rolls. 
 
 17. To settle with judicial officers* 
 
 * In those comities where the number of towns is small, a less number of 
 committees can transact the business. In some counties but five or six 
 
76 OF THE BOARD OF SUPERVISORS. 
 
 It shall be the duly of each of the several com- 
 mittees, to inquire into the matters indicated by'its 
 name, and to report thereon to the board any res- 
 olution that it may deem expedient. 
 
 RULE 4. 
 
 Priority of business.] All questions relating to the 
 priority of business, that is, the priority of one ques- 
 tion or subject matter over another under the same 
 order of business, shall be decided without debate. 
 
 RULE 5. 
 
 Chairman to preserve order.] The chairman shall 
 preserve order and decorum, and decide all ques- 
 tions of order, which decision shall be final unless 
 an appeal is taken to the board. On an appeal 
 from the decision of the chairman, he shall have 
 the right in his place to assign his reason for his 
 decision. He shall also have the right to substi- 
 tute any member to perform the duties of the chair- 
 man, but such substitution shall not extend beyond 
 one day unless by leave of the board. 
 
 RULE 6. 
 
 Vote of chairman.] When the board is equally di- 
 vided, including the chairman's vote, the question 
 shall be deemed to be lost. 
 
 rule r. 
 
 Order.] When the chairman is putting a ques- 
 tion, no member shall walk across or out of the 
 room. 
 
 RULE 8. 
 
 Order of speaking.] A member rising to debate, to 
 give a notice, make a motion or report, or to pre- 
 sent a petition or other paper, shall address the 
 
 standing committees are appointed ; the several subjects upon which the 
 board is required to act being referred to select committees, or else the busi- 
 ness done in the committee of the whole. 
 
OF THE BOARD OF SUPERVISORS. 77 
 
 chairman, and shall not proceed further until re- 
 cognized by him. 
 
 RULE 9. . 
 
 Members entitled to speak.] No member shall speak 
 more than twice to the same general question with- 
 out leave of the board. 
 
 RULE 10. 
 
 Order and silence.] While a member is speaking, 
 no member shall entertain any private discourse, 
 or pass between him and the chair. 
 
 RULE 11. 
 
 Calls to order.] If any member is speaking, or oth- 
 erwise transgressing the rules of the board, the 
 chairman or any member may call to order, in 
 which case the member so called to order shall im- 
 mediately set down unless permitted to explain. 
 
 RULE 12. 
 
 Members entitled to vote.] Every member who shall 
 be present when any question is stated from the 
 chair, shall vote thereon, unless excused by the 
 board, or unless he be directly interested in the 
 question, in which case he shall not be allowed to 
 vote. 
 
 RULE 13. 
 
 Manner of presenting petitions.] Every member pre- 
 vious to presenting a petition or memorial, shall 
 endorse on the same the subject to which it re- 
 lates, and add his name; the clerk hands the 
 same to the chairman, who shall state the sub- 
 stance thereof, after which he shall put the ques- 
 tion on the disposition of said petition or memo- 
 rial. 
 
 RULE 14. 
 
 Motions and resolutions.] Every motion or resolu- 
 
78 OP THE BOARD OF SUPERVISORS. 
 
 tion shall be first stated by the chairman, or read 
 by the clerk before debate, and immediately be- 
 fore the question is put ; and every such motion, 
 except of the class of motions embraced in rule 
 18, shall be reduced to writing if the chairman or 
 any member desires it. 
 
 RULE 15. 
 
 Withdrawal of motion.] After a motion is stated by 
 the chairman, it shall be deemed to be in the pos- 
 session of the house, but may be withdrawn at 
 any time before a decision or amendment. 
 
 RULE 16. 
 
 Division of questions.] If the question in debate 
 contain several distinct propositions, the same 
 shall be divided by the chair at the request of any 
 member, to the end that a vote may be taken on 
 each proposition, but a motion to strike out and 
 insert shall be deemed indivisible. 
 
 KULE 17. 
 
 Filling blanks.] When a blank is to be filled, 
 and different sums or times are proposed, the 
 question shall first be put on the largest sum and 
 longest time. 
 
 RULE 18. 
 
 Motions when receivable.] When a question is un- 
 der debate, no motion shall be entertained, unless 
 for an adjournment of the board, for the previous 
 question, to postpone indefinitely, to postpone to a 
 certain day, to lay it on the table, to commit it, or 
 to amend it ; these several motions shall have pre- 
 cedence, in the order in which they are here 
 stated. 
 
 RULE 19. 
 
 A motion to lay a question on the table shall be 
 
OF THE BOARD OF SUPERVISORS. 79 
 
 decided without amendment or debate, and a mo- 
 tion to postpone a question indefinitely, or to ad- 
 journ to a day certain, until it is decided, shall 
 preclude all amendment of the main question. 
 
 RULE 20. 
 
 Previous question.] The "previous question" shall 
 he as follows : "shall the main question be now 
 put"? and until it is decided, shail preclude all 
 amendment and debate. When on taking the 
 previous question the board shall decide that the 
 main question shall not now be put, the main 
 question shall be considered as still remaining 
 under debate. The main question shall be on the 
 passage of the resolution or other matter under 
 consideration.* 
 
 RULE 21. 
 
 Adjournment, .] A motion to adjourn the board 
 shall always be in order and decided without de- 
 bate. 
 
 RULE 22. 
 
 Entries on minutes.] In all cases where a resolu- 
 tion or motion shall be entered on the minutes, 
 the clerk shall also enter the name of the moving 
 member. 
 
 * The previous question, about which there is sometimes so much confu- 
 sion, is a very simple matter. "When a member moves the previous question, 
 it is equivalent to sayiDg substantially this: I now move Mr. President, (or 
 Chairman, or Speaker,) that you take the sense of this body, whether the 
 main question shall not now be put. Hence the presiding officer usually 
 says the previous question is called for, shall the main question be now put ? 
 As many as are in favor of entertaining the motion for the previous question 
 will please say aye, those opposed will p_lease say no. If the body decides 
 against the motion, then the main question remains' open for debate, if in 
 favor of the motion for the previous question, then the presiding officer pro- 
 ceeds to take the vole on the main question, which must be taken without 
 amendment or debate 
 
80 OF THE BOARD OF SUPERVISORS. 
 
 RULE 23. 
 
 Ayes and nays.] If any five members require it, 
 the ayes and nays upon any question shall be 
 taken and entered upon the minutes. 
 
 RULE 24. 
 
 Committee of the whole.] In forming a committee 
 of the whole board, the chairman shall leave the 
 chair and shall appoint a chairman to preside. 
 
 RULE 25. 
 
 Rules for that- committee.] The rules of the board 
 shall be observed in the committee of the whole, 
 so far as they may be applicable, except limiting 
 the number of times of speaking, and except that 
 the ayes and noes shall not be taken, and except 
 also that a motion to rise and report progress shall 
 always be in order, and shall be decided without 
 debate.* 
 
 RULE 26. 
 
 Motions to reconsider.] No motion for reconsidera- 
 tion shall be in order, unless on the same day, or 
 the day following that on which the decision pro- 
 posed to be reconsidered took place; nor unless one 
 of the majority shall move such reconsideration. 
 
 * Rising and reporting progress by a committee of the whole, is equivalent 
 to a motion of adjournment by the body from which the committee is form- 
 ed, that ^eing the only mode, until the committee is prepared to report in 
 full, and thus complete their business, to terminate its session for the day. 
 The temporary chairman vacates the seat, and the presiding officer resumes 
 the same. The temporary chairman turning to the presiding officer reports: 
 Mr. President, (or Speaker, or Chairman,) the committee of the whole to 
 which was referred etc., have had the same under consideration, and not 
 having gone through with the same have directed me to report that fact, and 
 ask leave to sit again. The presiding officer then puts the question on ac- 
 cepting the report and granting leave to sit again, which must of course be 
 taken without amendment or debate. If this be decided in the negative, it 
 discharges the committee, and takes the subject matter away from it. If in 
 the affirmative, it is referred to them again, at such future time as the body 
 shall resolve itself again into committee of the whole. 
 
OF THE BOARD OF SUPERVISORS. 81 
 
 A motion for reconsideration being put and lost, 
 shall not be renewed ; nor shall any vote be a se- 
 cond time reconsidered without unanimous con- 
 sent. 
 
 RULE 27. 
 
 Altering rules.] A standing rule or order of this 
 board may be suspended, changed or rescinded, 
 upon one day's previous notice being given of the 
 motion therefor, by a vote of a majority of all the 
 members elected. Such notice shall in all cases 
 state specifically the object of the suspension. 
 
 RULE 28. 
 
 Special orders.] No resolution or other matter, 
 shall be made a special order of the day, for a 
 particular day, without the assent of two thirds of 
 the members present ; nor shall more than three 
 resolutions or other matters be made special orders 
 for the same day. 
 
 EULE 29.. 
 
 Excuse from voting.] Every member requesting to 
 be excused from voting, may make a brief and 
 verbal statement of the reason for making such 
 request, and the question shall be taken without 
 further debate. 
 
 Should the board adopt the foregoing rules," or 
 those substantially like them, the chairman would 
 of course appoint the number of standing commit- 
 tees prescribed by such rules. 
 
 Should it be deemed advisable by the board, for 
 any cause, to have the chairman appoint the 
 standing committees before the committee on 
 rules have reported, he may do so ; and in such 
 case he will appoint such, and as many standing 
 
 11 
 
82 OF THE BOARD OF SUPERVISORS. 
 
 committees as the board may direct, or as he may 
 deem proper, according to the usual practice in the 
 several counties, and the committee on rules will 
 adapt their report so as to have it conform to the 
 action of the hoard. 
 
 It has been ascertained that in many of the 
 older counties, and particularly in those counties 
 where the proceedings of the board have been cha- 
 racterised by much regularity and uniformity, the 
 same number of standing committees, with the 
 same designations as are recommended above, 
 have annually been appointed, and it is certainly a 
 matter of considerable importance that the pro- 
 ceedings of the several boards throughout the State 
 should be as nearly uniform as practicable. 
 
 The board being fully organized by the election 
 of a chairman and clerk, the adoption of rules and 
 the appointment of the standing committees, is 
 prepared for the transaction of its ordinary busi- 
 ness. 
 
 For the purpose of giving the several commit- 
 tees time to enter upon the business that may 
 come before them, the board usually adjourns from 
 twelve to twenty-four hours. 
 
 Persons having business to transact with the 
 board, should first present it to the committee hav- 
 ing the subject in charge. 
 
 The committee to audit accounts.} There is no diffi- 
 culty in auditing the accounts of public officers 
 where their fees are defined and fixed at a definite 
 amount by statute ; all that is necessary in such 
 cases is to see that the claim is in proper form, and 
 that the evidence of the rendition of the service 
 
OF THE BOAED OF SUPERVISORS. 83 
 
 is indisputable. One great perplexity consists in 
 disposing of those claims which are addressed to 
 the discretion of the board, and for which no defi- 
 nite compensation is fixed. 
 
 There are cases where the vigilance, fidelity and 
 extraordinary efforts of public officers, have contri- 
 buted so much to the good order of society and the 
 security of property, that it is manifestly just and 
 proper that such extra labor should meet its due 
 reward. 
 
 While on the one hand such services should be 
 rewarded in a liberal spirit, yet on the other, too 
 much care cannot be exercised in guarding the 
 treasury against the importunities of those who 
 are prone to deem their public services, however 
 slightly meritorious, as peculiarly entitled to extra 
 compensation. 
 
 Senator Tracy, in the case of Hatch v. Mann, 
 15 Wend. 49, in alluding to the practice of public 
 officers charging extra compensation for their ser- 
 vices, uses the- following forcible and beautiful 
 language : " If one public officer may be allowed 
 to receive a compensation beyond what the statute 
 allows for the act, any other may do the same, and 
 the time would soon come when officers high in 
 authority would put their extraordinary efforts in the 
 market, to be had by the highest bidder. This is 
 a revolting view of the case I admit, but it is one 
 forced on my mind by the case. It carries my 
 thoughts back to scenes which I trust are never to 
 be witnessed in this country, when chancellors 
 and judges made a business transaction of receiv- 
 ing gratuities from parties for expediency, i. e., 
 
84 OF' THE BOARD OF SUPERVISORS. 
 
 making extraordinary efforts to dispose of their suits. 
 These gratuities were not deemed bribes for pre- 
 venting justice, but merely compensations for extra- 
 ordinary efforts beyond what an officer was strictly 
 bound to make. 
 
 The great Lord Bacon, by the working of whose 
 mighty mind 
 
 " Darkness fled, 
 Light shone, and order from disorder sprung," 
 
 secured his eternal epitaph of "wisest, brightest, 
 meanest of mankind," not by contaminating his 
 fingers with bribes to do injustice, but by receiv- 
 ing gratuities for making extraordinary efforts to 
 discharge his official duty. It was because he 
 had an itching palm, and sold his office for gold, 
 that he was impeached, fined, imprisoned, degra- 
 ded and disgraced ; and that genius which like a 
 meridian sun should have illumined the world, 
 for this practice of taking extra pay for extraordi- 
 nary efforts, was shorn of its beams, and will for- 
 ever in dim eclipse, disastrous twilight shed." 
 
 Sheriff's accounts.] The fees of sheriffs are pointed 
 out in the chapter on sheriffs. Those which come 
 before the board to be audited, usually consist of 
 his charges for paying temporary guards, for guard- 
 ing jails and prisons ; for removing prisoners du- 
 ring the prevalence of a pestilence, or in the case 
 of fire ; for providing rooms for such prisoners ; for 
 expenses incurred in the repairing of county build- 
 ings, and in providing for the sustenance of those 
 confined in jails and other places of confinement ; 
 for transporting convicts, and for his fees in attend- 
 ing courts for the trial of criminals, and for the 
 
OF THE BOARD OF SUPERVISORS. 85 
 
 service of process in such courts. 1 R. S. 675, 4th 
 ed. Id. 38. 
 
 His accounts should be made out in items, and 
 duly verified like all other accounts to be present- 
 ed to the board. 
 
 Justices' accounts.] The fees of justices are pointed 
 out in Chapter IV of this treatise. The justices in 
 preparing the items of their account, should give 
 the title of each cause or proceeding that comes 
 before them for which' they claim compensation 
 from the board, and immediately following the 
 title, each step taken should be noted. The ac- 
 count should also state the offence, and where it 
 was committed. Unless such place is stated, the 
 committee should not attempt to audit the account, 
 but should hand the same back to the party for 
 correction. 1 R. S. 680, 4th ed. 
 
 Constables.] The fees of constables are pointed 
 out in the chapter upon the duties of that officer. 
 
 The committee should require of the constables 
 who present their claims to be audited, that their 
 accounts be so made out that it will appear in 
 what place the offence was committed, concerning 
 which such constables have rendered service, and 
 the nature of the offence. (Form of constables' ac- 
 counts, Appendix, among constables' forms.) 
 
 It is indispensable that they should be so pre- 
 pared, to the end that each town may be charged 
 with its proper share of such expenses. 
 
 Discretionary allowances to constables.] Where a 
 subpoena for witnesses in criminal cases, contain- 
 ing one or more names, is served by a constable, 
 or other officer, such officer is entitled to mileage 
 
86 OF THE BOARD OF SUPERVISORS. 
 
 only for the distance going and returning actually 
 traveled to make such service upon all of the wit- 
 nesses in such case, and not separate mileage for 
 each witness, unless the board may deem it equit- 
 able to make a further allowance. 2 R. S. 935, 4th ed. 
 
 The board may allow such further compensa- 
 tion for the service of process, and the expense and 
 trouble attending the same, as they may deem 
 reasonable. Id. 
 
 For other services in criminal cases for which no 
 compensation is specially provided, such officers 
 may receive such sum as the board may see fit to 
 allow. Id. 
 
 A constable is not entitled to fees for traveling, to 
 serve a criminal warrant unless the service is 
 made. Ex parte Wyles, 1 Denio, 658. The same 
 rule applies to a sheriff. 
 
 But where services have been rendered and ex- 
 penses incurred in good faith by a vigilant and faith- 
 ful officer in the discharge of his duty, where no 
 compensation is fixed by law, the board under the 
 provision of the statute above cited, have the right, 
 and it is a duty usually cheerfully performed, to 
 make just and equitable allowances for such ser- 
 vices. 
 
 Report of the committee.] The committee having 
 examined the accounts presented, and allowed 
 such as they may deem proper, and endorsed on 
 those allowed, the words " audited at $ this 
 day of 18 ;" and on those not allowed, the 
 
 words "disallowed," next prepare their report. 
 (The ordinary form of such report is given in the 
 Appendix, No. 23.) 
 
OP THE BOARD OF SUPERVISORS. 87 
 
 Committee to foot rolls.] This committee and the 
 committee to audit accounts usually commence 
 their labors immediately after the board is fully 
 organized. Should each supervisor follow the sug- 
 gestions made at page 12, the task imposed on the 
 committee will be less onerous. The labors of 
 this committee should be completed as early in 
 the session as practicable, in order to give the com- 
 mittee on the equalization of the valuation of pro- 
 perty in the several rolls, time to complete their 
 duties. 
 
 Equalization.] The committee to whom is referred 
 the matter of equalizing the valuation, will see in 
 what their duties consist by referring to page 17. 
 
 Committees to settle with treasurer, judicial officers, 
 superintendents of poor, and commissioner of loans.] 
 These several committees, in order to expedite the 
 business of the board, should commence their du r 
 ties if possible during the first week of the session. 
 
 To secure the early attendance of these officers 
 before the board, it is recommended that the clerk 
 be directed to notify them at least four weeks be- 
 fore each annual meeting, of the time when their 
 claims will receive attention. 
 
 Committee to audit miscellaneous accounts.] To this 
 committee is referred all accounts and claims ex- 
 cept those of sheriffs, jailers, justices and consta- 
 bles. 
 
 Committee on rejected taxes.] This committee, and 
 the committee to provide for the assessment of 
 non-resident highway labor, is referred to Chapter 
 XXI, on taxes. 
 
88 OF THE BOARD OF SUPERVISORS. 
 
 The other committees will see their duties suffi- 
 ciently indicated in section first of this chapter. 
 
 \ublishing notices.'] It is recommended that each 
 hoard should pass a resolution defining the time, 
 during the session, when all accounts which are 
 designed to go hefore the hoard must be presented, 
 and that they direct the clerk annually to pub- 
 lish such resolution in the county papers, for at 
 least six weeks before the annual meeting. 
 
 To exchange published proceedings.] It has been re- 
 commended by the comptroller, the Hon. J. M. 
 Cook, that each board should exchange its publish- 
 ed proceedings with all the other boards through- 
 out the state. This very valuable suggestion of 
 the comptroller, derives importance from the con- 
 sideration that such proceedings in many cases are 
 clothed with legislative authority. It is respect- 
 fully suggested whether it would not be well for 
 the comptroller to recommend that the pamphlets 
 containing the proceedings, be published sufficient- 
 ly uniform with regard to size, that they may be 
 bound and preserved as a matter of reference. 
 
 CHAPTER III. 
 
 OF THE TOWN CLERK. 
 
 Section 1. How chosen or appointed. 
 2. His powers and duties. 
 
 Section 1. How elected or appointed. 
 The town clerk is elected by ballot at the annu- 
 al town meeting in towns, and in case the town 
 at such meeting neglects to choose its clerk, it is 
 
OP THE TOWN CLERK. 89 
 
 made the duty, of any three justices of the peace 
 of the town, to appoint a clerk, which must he done 
 hy warrant under their hands and seals; and the 
 clerk thus appointed holds his office until another 
 is chosen or appointed in his place. He has the 
 same powers, and is subject to the same duties 
 and penalties as if he had been duly chosen hy the 
 electors. 1 R. S. 347. 
 
 Who eligible, and oath of office.] No person is eligi- 
 ble to that office unless he be an elector of the 
 town for which he is chosen. Before he enters 
 upon the duties of the office, and within ten days 
 after notice of his election or appointment, he is 
 required to take and subscribe the oath denomina- 
 ted the constitutional oath, which he must cause 
 to be filed within eight days thereafter in the of- 
 fice of the town clerk. (See form No. 1, Appendix.) 
 
 Penalty for not serving.] If he refuses to serve, he 
 forfeits to the town the sum of fifty dollars. 
 
 Section 2. His powers and duties. 
 
 Custody of books and papers.] He has the custody 
 of the records, books and papers of the town, and 
 is required to file all certificates of oaths and other 
 papers required by law to be filed in his office. 
 
 To transcribe minutes of town meeting.] He is requi- 
 red to transcribe, in the book of records of his town, 
 the minutes of the proceedings of every town meet- 
 ing held therein; and he is required to enter in 
 such book every order or direction, and all rules 
 and regulations made by any such town meeting. 
 
 Deliver board of supervisors copies of entries of votes.] He 
 12 
 
90 OF THE TOWN CLERK. 
 
 must deliver to the supervisors, before the an- 
 nual meeting of the board of supervisors 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 recorded 
 in the town book. 
 
 Names of constables.] Immediately after the quali- 
 fying of any constables chosen or appointed in their 
 respective towns, the town clerks are required to re- 
 turn to the county clerks of their respective coun- 
 ties, the names of such constables. 
 
 Penalty for not returning constables' names, .] A wilful 
 omission on the part of the clerk to make such 
 return, is declared to be a misdemeanor, and on 
 conviction thereof, the party offending will be ad- 
 judged to pay a fine not exceeding ten dollars. 
 
 Certified copies of papers.] Copies of all papers duly 
 filed in the office of the town clerk, and transcripts 
 from the books of records, certified by him, are 
 evidence in all courts, in like manner as if the 
 originals were produced. 1 R. S. 350. 
 
 Names of assessors and collectors.] The clerks of the 
 cities of New- York, 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 supervisors of their 
 respective towns, the names of all the assessors 
 and collectors in their respective cities and towns, 
 that the same may be delivered to the board of 
 supervisors at their next meeting. 1 R. S. 418; 
 4th ed., 755. 
 
 Clerk of town meetings.] The town clerk elected 
 
OF THE TOWN CLERK. 91 
 
 or appointed last before any town meeting, must 
 be the clerk of the town meeting. He is required 
 to keep faithful minutes of its proceedings, in 
 which must be entered at length every order or 
 direction, and all rules and regulations made by 
 such meeting. 1 R. S. 342. If he be absent the 
 electors may choose a temporary clerk to supply 
 his place. 
 
 To notify persons elected of their election.] The result 
 of the canvass of all town meetings must be read 
 by the clerk to the persons there assembled, and 
 such reading is deemed notice of the election to 
 all persons whose names are on the poll list as 
 voters. The clerk is required to enter in the 
 minutes kept by him, the proceedings of the meet- 
 ing at length ; and within ten days after the town 
 meeting, transmit to each person elected to any 
 town office a notice of his election, in case the 
 name of such officer is not found on the poll list 
 as a voter. 
 
 To give notice to clerk of board of supervisors of the 
 election of a supervisor.] It is recommended that the 
 town clerk of each town should transmit to the 
 clerk of the board of supervisors within twenty 
 days after the annual town meeting, the name of 
 the supervisor elected in his town who may have 
 qualified ; and should a vacancy occur and anoth- 
 er supervisor be elected or appointed, the town 
 clerk should immediately notify the clerk of such 
 board of the name of the person so appointed. 
 He should give the post office address of the su- 
 pervisor. This would be a matter of much con- 
 
92 OF THE TOWN CLEUK. 
 
 venience to the clerk of the board of supervisors, 
 as it frequently becomes necessary for him to cor- 
 respond with the supervisors of the several towns. 
 
 To notify county clerk of election of justices of the peace.] 
 Within ten days after any town meeting at which 
 an election for justice of the peace shall have been 
 been had, the town clerk is required to transmit 
 to the clerk of his county, a certificate of the re- 
 sult of the election, under his hand, which shall 
 be evidence of the facts therein certified. 1 R. S. 
 344 ; p. 337, 2d ed., 651, 4th ed. 
 
 To meet with town auditors.] The town clerk is re- 
 quired to meet with the justices of the peace, or 
 any two of them, and the supervisor, to compose 
 the board of town auditors ; such meeting must be 
 held at the place of holding the last town meeting, 
 on the last Thursday preceding the annual meet- 
 ing of the board of supervisors of the county. 
 
 To have the custody of and enter accounts audited by 
 town auditors.] He is to have the custody of the ac- 
 counts audited by the town auditors : the same 
 are to be kept on file by him, for the inspection of 
 any of the inhabitants of the town. Such accounts 
 are to be produced by him at the next town meet- 
 ing, and read by him, if required, to the electors. 
 Such accounts as are audited must be entered 
 by him in a book to be provided by him for that 
 purpose, which entry must state the name of the 
 person in whose favor the account is drawn, the 
 nature of the demand, and the amount of such 
 accounts. 1. R. S. 355 ; , 4th ed., 664. 
 
 To deliver to successor all books and papers.] Like 
 
OF THE TOWN CLERK. 93 
 
 other officers, he is bound.to deliver over whatever 
 books, papers or property may be in his hands be- 
 longing to the town, to his successor in office. 
 His successor must demand the same immediately 
 after he enters upon the duties of his office, and 
 the delivery must be made without delay. 
 
 To read notices of applications to alter towns.] It is 
 the duty of the town clerk to read to the electors, 
 immediately before proceeding to the election of 
 town officers, all notices of applications to alter 
 the 'boundaries of towns, or to divide or erect new 
 towns, in towns affected by such applications. 
 
 Floating timber.] Provision is made by law for 
 the protection and preservation of floating timber, 
 see 1 R. S. 6,98; p. 695, 2d ed., 108, 4th ed., and 
 whenever the owner of any land upon which the 
 same may have drifted, shall have delivered to the 
 town clerk of the town a note in writing, signed 
 by him, describing such timber, the quantity there- 
 of, tbe marks upon the same, and the place where 
 the same may be lodged, it becomes the duty of 
 the clerk to file the same in his office, and to pro- 
 duce the same for the inspection of any one who 
 shall request it. If no person claims the timber 
 within six months after the filing; of such note 
 in writing, the owner of the land where the same 
 may be drifted may give notice in writing to the 
 clerk of the city or town, whose duty it then be- 
 comes to give twenty days' notice in three public 
 places in the city or town, in writing, by adver- 
 tisement, when the same will be sold ; and at the 
 expiration of that time such clerk is required to 
 
94 OP THE TOWN CLERK. 
 
 sell the same at public auction. For making such 
 sale he is entitled to the same fees as are allowed 
 to officers making sales on executions issued out 
 of justices' courts. It is his duty to apply the mon- 
 eys arising from, such sale as follows : 
 
 First. To the payment of the fees : 
 
 Second. To the payment of the damages which 
 the owner or possessor of the land may have sus- 
 tained by reason of such lumber or timber '. and, 
 
 Third. The balance, if any, must be paid by- 
 such clerk to the treasurer of the county wherein 
 such timber may have been found, for the use of 
 the poor. Before deciding upon the amount which 
 he proposes to pay to the owner of the land for 
 his damages, J:he clerk must see that such dama- 
 ges have been assessed by two fence-viewers of 
 the town, and a specification of such damages, 
 signed by such fence-viewers, filed in his office. 
 1 R. S. 699 ; 109, 4th ed. 
 
 Special statutes have been passed in regard to 
 the duties of the town clerk of the town of Queens- 
 bury, and the clerk of the city of Albany, in this 
 behalf, for which see the page of the statute last 
 above cited. 
 
 To file orders of highway commissioners.] It is the 
 duty of the town clerk, to file and record in his 
 office all orders made by highway commissioners 
 for laying out, altering, or discontinuing a road, 
 and to note the time of recording the same, and 
 to post a copy of such order on the door of the 
 house where the town meeting is usually held. 
 1 R. S. 513; 1041, 4th ed. 
 
OF THE TOWN CLERK. 95 
 
 Duty of cleric classifying justices in new towns.] In 
 the formation of new towns, it frequently becomes 
 necessary to elect four justices of the peace*, and 
 in order to determine the length of time each shall 
 serve, the town clerk and supervisor of such new 
 town, must meet in pursuance of a notice served 
 before that time by the supervisor, to aid in clas- 
 sifying such justices ; and for that purpose they 
 cause to be written on separate pieces of paper, 
 as near alike as may be, the numbers, one, two, 
 three, four, if there have been so many justices 
 elected, and roll such pieces of paper, as near alike 
 as may be, and depdsit them in a box. The per- 
 sons elected justices, severally draw one of the 
 said pieces of paper, and are classed according to 
 the number found on the paper drawn by him, 
 and holds his office accordingly. If the supervisor 
 be absent from his town, or unable to serve, or his 
 office be vacant, the town clerk may perform all 
 the duties in that behalf that are required of him 
 and the supervisor jointly. 
 
 The clerk and supervisor make duplicate certifi- 
 cates of the result of such drawing, or such one of 
 them as attends the same, one of which certifi- 
 cates must be filed in the town clerk's office, and 
 the other with the county clerk. 1 JR. S. Ill; p. 
 102, 2d ed., 321, 4th ed. 
 
 To record resolution raising money.] Whenever the 
 electors at a town meeting shall determine to 
 raise a larger amount of money for the improve- 
 ment of roads and bridges than is now provided 
 for by law, it becomes the duty of the town clerk 
 
96 OP THE TOWN CLERK. 
 
 to record such resolution in the minutes of the 
 meeting, and deliver a copy thereof to the super- 
 visor of the town. 
 
 To give notice of special town meeting.} Before the 
 holding of any special town meeting, the town 
 clerk is required to give at least eight days' notice 
 thereof, under his hand, to he posted in four of the 
 most public places in the town. He is required 
 to specify in such notices the time, place and pur- 
 poses of such meeting. ' 
 
 When to call special town meeting.] He is required 
 to call special town meetings in the following 
 cases : First, when a vacancy occurs in the office 
 of supervisor, assessor, commissioner of highways, 
 or overseer of the poor. Second, whenever twelve 
 or more persons eligible to the office of supervisor, 
 shall, by application in writing, addressed to himi, 
 and signed by them, request a special town meet- 
 ing to be called for the purpose of raising moneys 
 for the support of the poor, when a proposition to 
 that effect shall not have been acted on at the an- 
 nual town meeting ; or for the purpose of deliber- 
 ating in regard to the institution or defence of 
 suits, or the raising of moneys therefor. 1 R. S. 
 341 ; p. 331, 2d ed. 7 Wend. 488. 
 
 To demand and receive books and papers of justices of 
 the peace.'] In case of the removal of a justice of 
 the peace from the town in which he was elected, 
 either before or after his term of office expires, it 
 is provided by statute, that the town clerk shall be 
 entitled to the possession of all the books and 
 papers relating to any cause or matter heard by 
 
OF THE TOWN CLERK. 97 
 
 him, or commenced by him. In case any justice 
 shall die, or his office in any way become vacant, 
 and the books and papers relating to his official 
 matters shall fall into the hands of any other per- 
 son, it becomes the duty of the town clerk to de- 
 mand and receive the same ; and if the same are 
 withheld, he may proceed to obtain them in the 
 manner provided by the fifth article, of the sixth 
 title, of the, fifth chapter of the first part of the 
 Revised Statutes. 2 R. S. 271; p. 197, 2d ed., and 
 1 R. S. 125 ; p. 114, 2d ed., 336, 4th ed. 
 
 To give notice of reception of list of lands sold for 
 taxes.] It is made the duty of every town clerk to 
 whom copies of the list of lands liable to be sold 
 for taxes shall have been delivered, to give notice 
 at the opening of every town meeting for the elec- 
 tion of town officers, that such lists are deposited 
 in his office, and that they may there be seen and 
 examined at all reasonable hours free of expense. 
 1 R. S. 408; p. 397, -2d. ed. 
 
 To administer oath to town officers.] The oath of 
 office of any town officer, except justices of the 
 peace and commissioner of deeds, may be sub- 
 scribed and sworn before the town clerk of the 
 town in which such officer shall be elected ; such 
 oath shall be administered and certified without 
 fee or reward. Laws of 1838, chap. 172, p. 133. 
 
 To draw jury to re-assess road damages.] By the sta- 
 tute passed in 1837, it was made the duty of town 
 clerks to draw the jury provided for by that act, 
 whenever a re-assessment of road damages is re- 
 quired to be made. , Laws of 1847, chap. 455 r p. 580. 
 
 By the same act, town clerks are allowed the 
 13 
 
98 OF THE TOWN CLERK. 
 
 sum of fifty cents for drawing and certifying such 
 jury. By the Revised Statutes, he is allowed such 
 compensation for his services in behalf of the 
 town, as the board by whom his account shall be 
 audited shall deem just. 
 
 To file and enter chattel mortgages.] By the Laws of 
 1849, chap. 69, p. 105, it is provided as follows: 
 
 " § 1. It shall be the duty of the clerks of the sev- 
 eral towns and counties in this state, in whose of- 
 fices chattel mortgages are by law required to be 
 filed, to provide proper books, at the expense of 
 their respective towns, in which the names of all 
 parties to every mortgage, or instrument intended 
 to operate as a mortgage of goods and chattels, 
 hereafter filed by them or either of them, shall be 
 entered in alphabetical order, under the head of 
 mortgagors and mortgagees, in each of such books 
 respectively. 
 
 § 2. It shall be the duty of the said several clerks 
 to number every such mortgage or copy so filed in 
 said office, by endorsing the number on the back 
 thereof, and to enter such number in a separate 
 column in the books in which such mortgages shall 
 be entered, opposite to the name of every party 
 thereto, also the date, the amount secured there- 
 by, when due, and the date of the filing of every 
 such mortgage. 
 
 § 3. The said several clerks for services under 
 this act, shall be entitled to receive therefor, the 
 following fees: for filing every such mortgage or 
 copy, six cents.; for entering the same in books as 
 aforesaid, six cents." 
 
 They are also allowed for certified copies of the 
 
OF THE TOWN CLERK. 99 
 
 same, at the same rate of compensation as is al- 
 lowed to county clerks for copies of records. 
 
 By the laws of 1833, chap. 279, p. 402, the duty 
 of filing such papers is devolved upon the register 
 of the city and county of New- York, and also upon 
 the clerk of the city and county of Albany. 
 
 Not to allow chattel mortgages to be taken from files.] 
 It is supposed by some, that when a chattel mort- 
 gage expires, or when the mortgagee demands the 
 same, that it is the duty of the town clerk to de- 
 liver the same to the mortgagee. There is no such 
 duty imposed upon the clerk; on the contrary he 
 has no authority to allow the mortgage to be ta- 
 ken from the files of his office. Creditors have ah 
 interest in knowing what property is, or has been 
 incumbered , so have sheriffs, constables and oth- 
 er officers of the county. The mortgagor himself, 
 frequently has a deep interest in having the mort- 
 gage remain on the files as a matter of evidence. 
 Such papers ought never to be taken from the of- 
 fice of the clerk, unless in obedience to the man- 
 date of the courts, and when used in court should 
 be returned to their proper place on file without 
 delay. 
 
 Fees.] Whenever it becomes necessary to asso- 
 ciate the town clerk with the supervisor and town 
 superintendent in the erection or alteration of a 
 school district, the clerk is entitled to one dollar 
 and twenty-five cents per day for his services. He 
 is also entitled to one dollar and twenty-five cents 
 per day as clerk of the town meeting. For making 
 an entry of strays, he is entitled to six cents each 
 for all neat cattle and horses, and three cents for 
 
100 OF THE TOWN CL'SRK. 
 
 each sheep, to be paid by the person causing such 
 entry to be made. For filing and entering a certi- 
 ficate of marriage he is entitled to twenty-five 
 ■cents, and ten cents for a copy of the certificate. 
 
 They are also entitled to such compensation for 
 other services in the line of their duty, including 
 the service rendered as clerk of the town superin- 
 tendent, as the board whose duty it is to audit such 
 accounts shall see fit to allow. 
 
 To deliver lists to highway commissioner s.] The town 
 clerk is required to deliver the lists filed by the 
 overseers of highways, to the highway commis- 
 sioners of the town, and when such lists have un- 
 dergone the requirements of law at the hands of 
 the highway commissioners, it is the duty of the 
 town clerk to file such lists in his office. 
 
 To file orders discontinuing highways and appointing 
 referees.] When an order has been made discontin- 
 uing a highway, the same must be filed and re- ' 
 corded by the town clerk, and a copy of such or- 
 der must be posted by him in the same manner as 
 copies of orders altering or laying out highways. 
 The certificate and other papers relating thereto 
 must be filed in his office. He should file and re- 
 cord all orders made for the appointment of refe- 
 rees upon road appeals, relating to roads within 
 his town, and all orders and decisions made by 
 such referees, relating to such roads. Laws of 1847, 
 chap. 455. 
 
 For the duty of the town clerk in regard to the 
 mode of drawing a jury upon the re-assessment of 
 road damages, and the several steps to be taken 
 by him in relation to such re-assessment, the read* 
 
01" THE TOWN CLERK. 101 
 
 er is referred to, the succeeding chapter upon the 
 duties of highway commissioners. 
 
 To file certificate of encroachment.] Whenever a jury, 
 by their verdict have found that an encroachment 
 exists upon any highway, and a certificate of such 
 finding shall have been made and presented to 
 the town clerk, it becomes his duty to file the 
 same. 
 
 Town houses.] In the purchase of sites for town 
 houses, and in the erection of such houses, the 
 town clerk is associated with the supervisor and 
 justices of the peace. They 'are entitled to con- 
 trol the same. Laws of 1847, chap. 197, p. 190. 
 
 The town clerk is one of the members of the 
 board of town auditors. (See hereinafter the chap- 
 ter upon town auditors.) 
 
 Marriage certificates.] Every marriage certificate 
 -signed by a magistrate, if presented to the clerk 
 of the city or town where the marriage was sol- 
 emnized, or to the clerk of the city or town where 
 either- of the parties reside, within six months 
 after such marriage, must be filed by such clerk, 
 and entered in a book to be provided by him, in 
 the alphabetical order of the names of both the 
 parties, and in the order of time in which such 
 certificate is filed. 
 
 Every such certificate signed by a minister, may 
 also be filed and recorded in like manner, if there 
 be endorsed thereon or annexed thereto, a certifi- 
 cate of any magistrate residing in the same coun- 
 ty with such clerk, setting forth that the minister 
 by whom such certificate is signed, is personally 
 ■known to such magistrate, and has acknowledged 
 
102 OF THE TOWN CLERK. v 
 
 the execution of the certificate in his presence ; or 
 that the execution of such certificate, hy a minis- 
 ter or priest of some religious denomination, was 
 proved to such magistrate, by the oath of a person 
 known to him, and who saw the certificate exe- 
 cuted. 
 
 The entry of every such certificate must specify, 
 
 1. The names, and places of residence of the 
 persons married : 
 
 2. The time and place of marriage: 
 
 3. The name and official station of the person 
 signing the certificate : and, 
 
 4. The time when the certificate was filed. 2 
 R. S. 323, 4th ed- 
 it is the duty of the town clerk of each of the 
 
 towns in this State, to whom the reports of the 
 births, marriages and deaths may be delivered ac- 
 cording to the act passed in 1847 and the amend- 
 ments in 1853, within fifteen days after the re- 
 ceipt thereof, to record the same in a book to be 
 provided by him for that purpose, and to transmit, 
 a copy thereof, or an abstract thereof in such form 
 as shall be prescribed by the secretary of State, to 
 the county clerk or city inspector. 
 
 To keep papers, <§rc, of town superintendent.] It is 
 made the duty of the town clerk of each town, to 
 receive and keep all reports made to the town su- 
 perintendent from the trustees of school districts, 
 and of the books and papers belonging to the town 
 superintendent, when required, and to file them 
 in his office. To receive all of his estimates and 
 apportionments of school money, and record the 
 same in a book to be kept for that purpose, and to 
 
OF THE TOWN CLERK. 103 
 
 notify the town superintendent upon receiving no- 
 tice from the county clerk that he has not made 
 his annual report, for the purpose of making such 
 report. Laws of 1847, chap. 480, sec. 32, page 689. 
 By the 26th section of the same act, he is required 
 to file and record in his office, the annual account 
 of the town superintendent relating to the expen- 
 diture of school moneys. 
 
 The office of town clerk is one of much respon- 
 sibility. In common with other public officers, 
 he should bring to the discharge of his duty, intel- 
 ligence, industry, promptness, ability and integrity. 
 
 Liabilities.] He is- not only liable to indictment 
 for a wilful neglect of his known duty, but is an- 
 swerable in a civil action to a party who may 
 have sustained damage by his wrongful neglect of 
 duty. Lorilard v. The Town of Munro, 12 Barb. 161. 
 He is in no sense a judicial officer. If his duties 
 were in any respect judicial, no civil action could 
 be maintained against him for the neglect of such 
 duties. Willson v. Mayor, $-c, of New York, 1 Denio, 
 595. Weaver v. Devendorf, 3 id. 117. He cannot 
 escape responsibility in a civil action on the plea 
 that he is the agent of the town, at least such is 
 the law in the State of New- York. 12 Barb. 161. 
 Great care should be observed in the filing and 
 preservation of papers that may come into his 
 hands, and in noting and certifying the day and 
 the hour in which such papers are received. As 
 regards liens and encumbrances affected by papers 
 that may be filed, time frequently becomes a very 
 material matter. 
 
104 Off THE TOWN CLERK. 
 
 The title to a vast amount of property in the 
 State of New- York, is affected by the filing and re- 
 gistering of chattel mortgages. Hence it becomes 
 important that they should not only be filed, but 
 preserved, and so arranged that mistakes may not 
 occur in searching for the same. 
 
 That the reader may see with what strictness 
 such officers are held accountable, I have deemed 
 it advisable to insert a case which occurred in a 
 sister State, where deeds are recorded in the office 
 of the clerks of towns, instead of county clerks 
 offices. It is the case of Lyman v. Winsor, 24 Vt., 
 (1 Deane,) 575. The plaintiff in an action against 
 the town and town clerk, for a breach of official 
 duty, set forth in his declaration, the averment in 
 substance that the town clerk being inquired of 
 by the plaintiff at the time of their negotiation, 
 (the negotiation being with the town clerk for the 
 purchase ,of certain lands,) whether there was any 
 incumbrance of record upon the land which he 
 was about to purchase, and being requested, if 
 there was, to show the record of it to the plaintiff, 
 neglected and refused to show the record, and did 
 not disclose the fact that such incumbrance exis- 
 ted, but concealed the same. The inquiring and 
 request of the plaintiff being alleged to have been 
 addressed to the defendant in his official capacity, 
 and his conduct which ensued being also -alleged 
 in the same character, it was held that the facts 
 alleged were sufficient to enable the plaintiff to 
 recover. And where it was further alleged, that 
 although the defendant knew the plaintiff to be 
 ignorant of the incumbrance, he concealed the 
 
OF JUSTICES OF THE PEACE, 105 
 
 fact of its existence, furnishing no clue or guide 
 by which the record of it might be discovered, it 
 was held that an official neglect and violation of 
 duty were sufficiently alleged, and that the addi- 
 tional averments that the plaintiff was thus in- 
 duced to complete his purchase, believing the land 
 to be unincumbered, when in fact it was incum- 
 bered, whereby the plaintiff sustained a heavy loss, 
 stated a legal cause of action against the town 
 clerk. Id. 
 
 For the several forms to be used by the clerk, he 
 will refer to the forms under the several chapters 
 relating to the duties of commissioners of high- 
 ways, town superintendent, overseers of the poor, 
 town auditors, &c. 
 
 CHAPTER IV. 
 
 OF JUSTICES OF THE PEACE. 
 
 Section 1. How chosen and tenure of office. 
 
 2. General powers, duties and privileges other than 
 those of a judicial character. 
 
 Section 1. How elected and tenure of office. 
 
 Prior to 1826, justices of the peace held their 
 offices by appointment. By an amendment of 
 the constitution of 1821, which was approved and 
 ratified in 1826, the office of justice of the peace 
 became elective. That amendment provided as 
 follows: The people of this State in their several 
 towns, shall at their annual election, and in such 
 manner as the legislature shall direct, elect by 
 ballot their justices of the peace, and the justices 
 14 
 
106 OF JUSTICES OP THE PEACE. 
 
 so elected in any town, shall immediately there- 
 after meet together, and in presence of the super- 
 visor and town clerk of the said town, he divided 
 hy lot into four classes, of one in each class, and 
 he numbered one, two, three, and four ; and the 
 office of number one shall expire at the end of the 
 first year, of number two at the end of the second 
 year, of number three at the end of the third year, 
 and of number four at the end of the fourth yeqr> 
 in order that one justice may thereafter be annu- 
 ally elected. 
 
 Term of office four years.] The constitution of 1846, 
 declares that the electors of the several towns, 
 shall, at their annual town meeting, and in such 
 manner as the legislature may direct, elect justi- 
 ces of the peace, whose term of office shall be four 
 years, except when elected to fill a vacancy, or on 
 the erection of a new town. In case of an elec- 
 tion to fill a vacancy occurring before the expira- 
 tion of a full term, they shall hold for the residue 
 of the unexpired term. 
 
 Four justices in each town.] Under the foregoing 
 constitutional powers, the legislature has provided 
 for the election of four justices of the peace in each 
 town, to be divided into four classes, one of 
 which must be elected annually in the manner 
 hereinafter described. 
 
 On erection of a new town, to be elected at next general 
 election.] Whenever a new town is erected, an 
 election for justices must be held at the next gen- 
 eral election thereafter, unless a special election 
 has been directed by law. 
 
 Justices residing within a new town, to be justices 
 
OF JUSTICES OF THE PEACE. 107 
 
 thereof.] If there be one or more justices then resi- 
 ding in such new town, they shall be deemed 
 justices thereof, and shall hold their office accord- 
 ing to their respective classes ; and only as many 
 justices shall be chosen as shall be necessary to 
 complete the number of four for such town. 
 
 Notice of meeting to determine classes.] After the 
 election of justices in such new town, the super- 
 visor thereof, shall, within six days after the com- 
 pletion of the canvass by the county canvassers, 
 give notice in writing, to the justices elected and 
 to the town clerk, of the time and place where he 
 will meet them, to determine >by lot the classes of 
 such justices ; which notices, shall be served at 
 least six days, and not more than twelve, previous 
 to the time appointed therein for such meeting. 
 
 Classes how determined.] At the time and place so 
 appointed, the supervisor and town clerk shall 
 cause to be written on separate pieces of paper, as 
 near alike as may be, the numbers one, two, three, 
 four, if there shall have been four justices elected, 
 and shall cause them to be rolled up as nearly 
 alike as -may be, and deposited in a box. The 
 persons elected justices shall severally draw one 
 of the said pieces of paper, and shall be classed 
 according to the number written on the paper so 
 drawn by him,, and shall hold his office for such 
 number of years, either one, two, three or four, as 
 shall correspond with such number so drawn. 
 
 If less than four justices shall have been chosen, 
 
 then ballots shall be prepared qs above directed, 
 
 with numbers written thereon, to correspond with 
 
 ■ the numbers of the classes which shall be vacant, 
 
108 OF JUSTICES OF THE PEACE. 
 
 and each person elected, shall, in like manner, , 
 proceed to draw one of the said ballots, and shall 
 be classed according to the number so written on 
 the ballot drawn by him, and shall hold his office 
 according to such number. 
 
 Neglect to attend, $-c] If any person elected a jus- 
 tice shall neglect to attend to such drawing, the 
 supervisor shall draw for him. If the supervisor 
 be absent from his town, or unable to serve, or his 
 office be vacant, the town clerk shall give the no- 
 tice herein required, and perform the duties en- 
 joined on such supervisor. 
 
 Certificates of drawing.] Duplicate certificates of 
 such drawing, and of the result thereof, shall be 
 made, and certified by the supervisor and town 
 clerk, or such one of them as shall attend the same, 
 one of which shall be filed with the town clerk 
 and the other with the county clerk, and shall be 
 recorded by the said clerks in the books in which 
 the canvasses of votes shall have been recorded, 
 and shall be conclusive evidence of the respective 
 classes, to which the persons so elected justices, 
 belong. 
 
 When more than four justices may hold their offices.] If 
 by the erection of a new town, or the annexing of 
 a part of one town to another, there should at any 
 time be more than four justices residing in any 
 town, they shall notwithstanding hold and exer- 
 cise their offices in the town in which they reside, 
 according to their classes respectively ; but on the 
 expiration of the term of office of two or more jws- 
 tices, being in the same class, only one person 
 shall be elected to fill the vacancy in such class. 
 
OF JUSTICES OF THE PEACE. 109 
 
 Proceedings when number reduced] Whenever, by 
 the erection of a new town or the annexing a part 
 of one town to another, any town shall be deprived 
 of one or more justices, by their residence being 
 within the part set off, the inhabitants of such 
 town, shall, at the next annual election, supply 
 the vacancy so produced in the classes to which 
 such justices may belong, and if two or more jus- 
 tices be elected, the same proceedings shall be 
 had, as before directed, to determine their respec- 
 tive classes. 
 
 Justices to supply vacancies.] Whenever one or 
 more justices of the peace shall be elected in any 
 town in this state, to supply a vacancy or vacan- 
 cies at the time existing, or in any new town, 
 such justice or justices may take the oath of office 
 and forthwith enter upon the duties thereof. 1 R. 
 
 S. 111. 
 
 In 1833, the legislature provided that elections 
 for justices of the peace, should he held at the 
 same time, and conducted in the same manner^ as 
 is provided for the election , of supervisors and 
 other town officers, required to be elected by bal- 
 lot. 
 
 That act made further provisions as follows : 
 Town clerk to transmit certificate of election to county 
 clerk.] The clerk of every town meeting, at which" 
 an election for justice of the peace shall have been 
 had, shall, within ten days thereafter, transmit to 
 the clerk of his county, a certificate of the result 
 of such election, under his hand, which shall be ev- 
 idence of the facts therein certified. 
 
 4 
 
110 OF JUSTICES OF THE PEACE. 
 
 Justices when to enter on their duties.] The persons so 
 elected justices of the peace, shall enter upon the 
 duties of their respective offices on the first day of 
 January next succeeding their election; and in case 
 more than one justice shall he elected in any town 
 at the same election, their term of office shall be 
 determined by lot, in the manner provided by law, 
 before the commencement of such term. 
 
 Classification.] When two or more persons shall 
 be elected to the office' of justice of the peace at 
 any annual town meeting, the one of whom shall 
 be an incumbent of the office for a term not 
 then expired, such incumbent shall be deemed 
 elected for the regular term of four years, which 
 will commence on the first day of January next 
 following such election. 
 
 Ballots how to be written.] When at any such town 
 meeting, except the first election in a new town, 
 two or more persons are to be elected to the office 
 of justice of the peace, it shall be lawful for each 
 of the electors not voting for a person who may 
 then be an incumbent of the office, to designate 
 on his ballot the person intended for the regular 
 term of four years, which will commence on the 
 first day of January then next following, by the 
 words, or words and figures, "longest term," 
 "four years," or "4 years;" and the person having 
 the greatest number of votes, without any reference 
 to such designation, shall be deemed duly elected. 
 
 Elected for four years.] The person elected and 
 having the greatest number of such designations, 
 shall be 'deemed elected for the regular term of four 
 years. 
 
OF JUSTICES OF THE PEACE. Ill 
 
 Duty of presiding officers.] The presiding officer or 
 officers at any annual town meeting at which jus- 
 tices of the peace shall be elected, shall determine 
 whether any, and Avhat person, in pursuance of the 
 foregoing sections, has been elected for the regu- 
 lar term of four years; which determination shall 
 be made at the same time, and with the like force 
 and effect as he or they may determine what per- 
 sons are elected to the office of justice of the peace; 
 and such determination shall be entered in the min- 
 utes of the proceedings of the meeting, and shall 
 be publicly read, and shall be deemed notice of 
 the result, in the same manner as is now-provided 
 by law in relation to the canvass. 
 
 Determination by lot.] Where no person shall be 
 elected for the regular term of four years in pur- 
 suance of either of the preceding sections, the class- 
 es of all the persons elected to the office of justice 
 of the peace, at any such annual town meeting, 
 shall be determined by lot, within the time and 
 manner now prescribed by law. 
 
 Vacancies.] Where one person shall have been 
 elected for the regular term, in pursuance of the 
 foregoing provisions, the other person or persons 
 elected justices of the peace, shall be deemed elec- 
 ted to fill the existing vacancy or vacancies ; and 
 in case of more than one existing vacancy, the 
 classes of the persons elected to fill the same shall 
 be determined by lot, within the time and in the 
 manner now prescribed by law. 1 R. S. 344. Laws 
 Of 4833, chap. 270* 
 
 * The constitution withholds from the legislature the power of providing 
 for the election of justices of the peace except at an animal town election. ' 
 
 zmn,-zGS. 
 
112 OF JUSTICES Or THE PEACE. 
 
 Oath of office.'] The official oath of a justice of the 
 peace must be taken before the clerk of the county 
 for which he was elected. 
 
 Must be a resident and elector.] He must be a resi- 
 dent and elector of the town for which he is cho- 
 sen. 
 
 How removed.] He can be removed from office by 
 the supreme court, upon charges preferred, of 
 which he is entitled to notice. 
 
 Section 2. General powers, duties and privileges, 
 other than those of a judicial character. 
 
 To preside at town meetings and preserve order.] It is 
 made the duty of the justices of the peace of each 
 town, to attend every town meeting held therein ; 
 such justices as may be present are required to 
 preside at such meeting, and to see that the same 
 is regularly and orderly conducted ; while so pre- 
 siding they are clothed with like authority to pre-" 
 serve order, enforce obedience, and to commit for 
 disobedience-, as is possessed by the board of in- 
 spectors at a general election. 1 R. S. 342. Par- 
 sons v. Brainerd, 17 Wend. 525, 
 
 Justices to appoint town officers when not elected.] If any 
 town shall neglect at its annual town meeting to 
 choose its proper town officers, or either of them, 
 it is made the duty of any three justices of the 
 peace of such town, to appoint such officers by 
 warrant under their hands and seals. 1 R. S. 
 347. (See form for such appointment, Appendix, No. 
 25.) , 
 
 Warrant to be filed in town clerk's office.] The justices 
 making such appointment are required forthwith 
 
OP JUSTICES OF THE PEACE. , 113 
 
 to file such warrant in the town clerk's office of 
 their town. 
 
 Member of board of town auditors.] He is a mem- 
 ber of the board of town auditors. His duties as 
 a member of that board are mentioned at length 
 at Chapter XIII. , 
 
 Appeals from assessment of damages for laying out 
 roads.] He is also required upon an appeal from 
 the assessment of damages for laying out, alter- 
 ing, or discontinuing roads, to issue a summons 
 for a jury for the re-assessment of such damages, and 
 to attend to the drawing and swearing of such 
 jury, and to attach his certificate to the verdict. 
 Laws of 1847, chap. 455, sec. 5 and 6. (See form for 
 summons, oath and certificate, Appendix, No. 158.) 
 
 To summon jury in case of encroachments upon high- 
 ways.] In case of encroachments upon highways, 
 upon the application of the highway commission- 
 ers or some one of them; any justice of the peace 
 of the county in which the road is situated, may 
 issue a precept, requiring any constable of the 
 town to summon twelve freeholders thereof, to 
 meet at a certain day and place, to be specified in 
 such precept, and not less than four days after the 
 issuing thereof, to inquire into the premises. On 
 the day specified in the precept, the justice must 
 attend and swear the jury, and such witnesses as 
 may be produced by either party. The jury hav- 
 ing ascertained and certified the damages, if they 
 remain unpaid for ten days, it is the duty of the 
 justice to issue his warrant for the collection there- 
 of. 1 R. S. 522. 7 Wend. 300 ; 22 Wend. 132. 
 15 
 
114 OF JUSTICES OP THE PEACE. 
 
 May accept resignation of town officers.] For suffi- 
 cient cause shown, any three justices of the peace 
 may accept the resignation of any town officer of 
 the town. Notice whereof must forthwith be given 
 to the town clerk. 1 R. 8. 348, \th ed., 657. (For 
 form of acceptance of resignation, see Appendix.) 
 
 Power to appoint town officers to fill vacancies.] Justi- 
 ces of the peace have power to appoint all town 
 officers to fill vacancies, except supervisor, over- 
 seer of the poor, collector, overseer of highways, 
 and justices of the peace. 1 R. 8. 348; 4th ed., 657. 
 18 Wend. 516. (See form for appointment, Appendix, 
 No. 25.) 
 
 Laying out private roads, justice to summon jury.] 
 Under the statute relating to the laying out of 
 private roads, it is made the duty of the justice of 
 the peace of the town, on receiving the certificate 
 from the commissioners of highways that a jury 
 has been drawn, to issue his summons to one of 
 the constables of the town, directing him to sum- 
 mon the persons named in such certificate. The 
 justice must designate the time and place in the 
 summons, at which the persons to be summoned 
 shall meet. Upon their appearance the justice 
 draws by lot six of the persons attending to serve 
 as a jury. He swears the jury, certifies their ver- 
 dict, and delivers the same to the commissioner of 
 highways. Laws o/.1847, chap. 455, sees. 5, 6, 10. 
 Laws of 1848, chap. 77. (For form of summons, oath 
 to jurors and witnesses, and certificate, see Appendix, No. 
 168-170.) 
 
 It is equally the duty of justices of the peace, 
 as well as that of the supervisor and commissioner 
 
OF JUSTICES OF THE PEACE. 115 
 
 of highways, whenever the woods in ,any town 
 shall be on fire, to order such and" so many of the 
 inhabitants of the town, liable to work on the 
 highways, and residing in the vicinity of the place 
 where such fire shall be, as they severally shall 
 deem necessary, to repair to the place where such 
 fire shall prevail, to assist in extinguishing the 
 same or in arresting its progress. 1 R. S. 697; 
 4th ed., vol. 2d, 107. See Chap. I. 
 
 Whenever any child shall be found begging for 
 alms, or soliciting charity from door to door, or in 
 any street or public place, it becomes the duty of 
 any justice of the peace of the town, upon com- 
 plaint and proof thereof, to commit such child to 
 the county poor house, or other place provided for 
 the support of the poor. 1 R. S. 633; 4th ed., vol. 
 2d, 35. 
 
 • Any two justices of the peace of the city or 
 town, when any lunatic or mad person shall be 
 found, may upon their own view or opinion, or 
 upon the information or oath of others, whenever 
 they deem it necessary, issue their warrant for the 
 apprehension and confinement of such lunatic or 
 mad person. 1 R. S. 625. . 
 
 Under the statutes for the support of the poor, 
 justices of the peace are required to make such an 
 order for the temporary relief of such poor persons 
 as may come under their jurisdiction, as the cir- 
 cumstances of the case shall require, but not to ex- 
 ceed ten dollars in any one case ; and their ac- 
 counts for any personal or official services in rela- 
 tion to the poor, must be audited and settled by 
 ■the board of supervisors. 1 R. S. 625; ib. 626. 
 
113 OP JUSTICES OP THE PEACE. 
 
 Power is conferred upon any two justices of the 
 peace of a town, to sign a license for the exhibi- 
 tion within their town, for gain or profit, of any- 
 painting, or any animal, or other natural or artifi- 
 cial curiosity, provided such paintings or curiosi- 
 ties do not come under the denomination of idle 
 shows, acts or feats, which common showmen, 
 mountebanks or jugglers usually practice or per- 
 form. 1 R. S. 660; 4th ed., vol. 2d, 71. 
 
 It is made the duty of a justice of the peace, to 
 order the owner or possessor of any dog that shall 
 attack any person peaceably travelling on a high- 
 way, or any horse in a carriage, or upon which 
 any person shall be mounted, to kill such dog, 
 whenever complaint of such kind is made to him, 
 of the truth of which he shall be satisfied. 1 R. 
 S. 706; 4th ed., vol 2d, 113. 
 
 It is also made his duty to issue a summons for 
 a jury, whenever application is made for opening 
 ditches, for draining swamps, marshes and low 
 lands; to administer oaths to such jury ; to attend 
 upon their deliberations, and file the maps and in- 
 quisition after being certified by him, in the town 
 clerk's office of the town wherein the premises are 
 situated. 2 R. S. 548; 4th ed., vol. 2, 780. Laws of 
 1851, chap. 3, 45. 
 
 Justices of the peace may solemnize mar- 
 riage. 
 
 When solemnized by a magistrate, ho particu- 
 lar form shall be required, except that the parties 
 shall solemnly declare, in the presence of the ma- 
 gistrate or the attending witness or witnesses, that 
 they take each other as husband and wife. In 
 
Or JUSTICES OE THE PEACE. 117 
 
 every case, there shall be at least one witness, be- 
 side the magistrate, present, at the ceremony. 
 
 It shall be the duty of every magistrate, requir- 
 ed to solemnize a marriage, to ascertain, 
 
 1. The christian and surnames of the parties ; 
 their respective places of residence ; and that they 
 .are of sufficient age to be capable in law of con- 
 tracting marriage. 
 
 2. The names and places of residence of two 
 of the attesting witnesses, if more than one be 
 present ; and if not, the name, and place of resi- 
 dence of such witness. 
 
 He shall enter the facts so ascertained, and the 
 day on which such marriage is solemnized, in a 
 book to be kept by him for that purpose. 
 
 If either of the parties, between whom the mar- 
 riage is to be solemnized, shall not be personally 
 known to him, the magistrate shall ascertain to 
 his satisfaction the identity of the respective par- 
 ties. 
 
 Every magistrate who shall solemnize a mar- 
 riage, where either of the parties, within his 
 knowledge, shall be under the age of legal con- 
 sent, or an idiot or lunatic ; or to which, within 
 his knowledge, any legal impediment exists, shall 
 be deemed guilty of a misdemeanor, punishable 
 by fine or imprisonment, or both, in the discretion 
 of the court by which he shall be tried. 
 
 Whenever a marriage shall have been solemni- 
 zed within this State, pursuant to these provi- 
 sions, the magistrate by whom the marriage was 
 solemnized, shall furnish on request, to either 
 party, a certificate thereof, specifying, 
 
118 OK JUSTICES OF THE PEACE. 
 
 1. The names and places of residence of the 
 parties married, and that they were known to 
 such magistrate, or were satisfactorily proved by 
 the oath of a person known to him, to he the per- 
 sons described in such certificate, and that he had 
 ascertained that they were of sufficient age to 
 contract marriage. 
 
 2. The name and place of residence of the at- 
 testing witness or witnesses : and, 
 
 3. The time and place of such marriage. 
 
 The certificate shall also state, that after due in- 
 quiry made, there appeared no lawful impediment 
 to such marriage, and it shall be signed by the 
 person making it. I R. S. 140. (See form of mar- 
 riage certificate, Appendix, No. 183.) 
 
 Justices of the peace are clothed with the same 
 power to take acknowledgments of deeds, and oth- 
 er instruments in writing, that was formerly con- 
 ferred upon commissioners of deeds in towns. 
 Such power may be exercised at any place in the 
 county in which they reside. 1 R. S. 756; 4th ed., 
 2d vol. 162. Laws of 1840, chap. 238. (See forms for 
 acknowledgments, Appendix, Nos. 93 to 108.) 
 
 The duties of justice of the peace under the poor 
 laws, are mostly of a judicial character. Refer- 
 ence is made to the same in the section upon that 
 subject. 
 
 Town houses.] The justice is associated with the 
 supervisor and town clerk, in the purchase of sites 
 for town houses, in superintending their erection, 
 and in the care, custody and control of the same. 
 By the Laws of 1847, chap. 197, in regard to town 
 houses, it is provided as follows: 
 
OF JUSTICES OF THE PEACE. 119 
 
 § 1. The electors of any town of this state in 
 which there shall not be a town house, at any an- 
 nual 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 num- 
 ber of dollars, twice the number of electors in said 
 town; provided that a notice of intention to pro- 
 pose such a resolution shall have been posted, with- 
 in fifteen days of, and not less than ten days pre- 
 ceding said meeting, in five of the most public 
 places in said town. 
 
 § 2. Upon proper representation of the action of 
 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. 
 
 § 3. Conveyances for sites shall be made to the 
 towns ; sites shall be purchased and houses erect- 
 ed by the supervisor, ' town clerk and the justices 
 of the town, and the houses shall be controlled by 
 the supervisor, 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. 
 
 § 4. The board of supervisors in any county, may 
 in their discretion, cause any money or any por- 
 tion thereof, voted by towns before the passage of 
 this act, for building town houses, to be raised in 
 said towns for such purpose. 
 
120 OF JUSTICES OF THE PEACE. 
 
 Fees.] He is allowed for his attendance at town 
 meetings, one dollar and twenty-five cents per day, 
 and one dollar for his services under the act for 
 draining swamps and low lands. 
 
 Fees in criminal proceedings.] For a warrant in 
 criminal cases, (and no justice is obliged to issue 
 any warrant on complaint for assault and battery; 
 unless the person making such complaint and re- 
 quiring the warrant shall pay the fee there- 
 for,) . 10 19 
 
 For a bond or recognizance, 25 
 
 Commitment for want of bail, 19 
 
 For a venire to summon a jury before a court 
 
 of special sessions, , . . . . 25 
 
 Swearing such jury, 25 
 
 Trial fee or attendance, 1 00 
 
 Warrant of commitment on conviction, • ■ • • 25 
 Drawing a record of conviction and filing 
 
 the same, 75 
 
 But all such charges in any' one case must not exceed 
 five dollars. 
 
 Taking security from any person to prosecute a 
 certiorari upon any conviction made by a court of 
 
 special sessions, $0 25 
 
 For making a return to any such certiorari, 
 
 to be paid by the county, 2 00 
 
 For endorsing a warrant issued from another 
 
 county, i2i 
 
 For attending the courts of oyer and termi- 
 ner and sessions, for each day, 2 00 
 
 Travel fee for each mile ingoing and return- 
 ing, ■ •• 06 
 
OF ASSESSORS. 121 
 
 Justices of the peace are allowed such other 
 compensation for services performed by them, and 
 not specially provided for, as the board auditing 
 their accounts may deem proper to allow. 
 
 Forms.] For the several iorms to be used by the 
 justice under the highway act, see the Appendix, 
 from No. 109 to 182 as the same occur among the . 
 other highway forms. Forms under the poor laws 
 to be used by the justice see Appendix, from 42 to 
 78. Each form is referred to in the general index. 
 
 CHAPTER V. 
 
 OF ASSESSORS. 
 
 Section 1. How chosen or appointed. 
 
 2. Of the property liable to assessment, and the 
 
 general powers and duties of assessors. 
 
 3. Of the assessment of taxes on incorporated com- 
 
 panies. 
 
 4. Of the enrolment of persons subject to military. 
 
 duty, and the assessment and collection of 
 commutations. 
 
 Section 1. How chosen or appointed. 
 
 Must be three assessors.] There must be three as- 
 sessors in each town, one must be elected annual- 
 ly. "When, by the erection or formation of a new 
 town, it becomes necessary to elect three, they are 
 to be classified in the same way as highway com- 
 missioners are classified. (Chap. VIII.) Laws of 
 1845, chap. 180. 
 
 Who may appoint.] In case of vacancy by death, 
 removal, resignation, neglect to qualify, or refusal 
 to serve, any three justices of the peace, or any 
 16 
 
122 OP ASSESSORS. 
 
 two and the supervisor, may appoint by warrant, 
 in writing under their hands, assessors to fill such 
 vacancy. Laws of 1847, chap. 455. A Quaker is 
 exempt from service as an assessor. 
 
 Ex-officio fence viewers.] The assessors and com- 
 missioners of highways are, by virtue of their office, 
 fence viewers of their town. 
 
 Section 2. Of the property liable to be assessed, 
 and the general powers and duties of assessors. 
 
 All lands, and all personal estate within this 
 State, whether owned by individuals or corpora- 
 tions, is liable to taxation, subject to the exceptions 
 hereinafter mentioned. 
 
 The estate of a corporation which is taxable as 
 personal property, is only that portion of its capi- 
 tal which is not invested in real estate. But the 
 capital of a corporation embraces the whole of its 
 stock paid in or secured to be paid, whether it is 
 invested in real or personal property. 
 
 Principle of taxing corporations.] The principle of 
 the Revised Statutes, in regard to the taxation of 
 corporations, is to tax the real estate of each cor- 
 poration, except as to canal, turnpike, and bridge 
 companies, upon its actual value, for the benefit of 
 the inhabitants of the town and county where it is 
 situated, in the same manner as the property of 
 individuals is taxed, and to tax the residue of its 
 capital, after deducting the cost of its real estate, 
 as personal property, for the benefit of the inhabi- 
 tants of the town and county where the financial 
 concerns of the corporation are carried on. Utica 
 Cotton Manuf. Co. v. The Supervisors of Oneida, 1 
 
OP ASSESSORS. 123 
 
 Barbour Ch'y Rep. 432. Bank of Utica v. City of 
 TJtica, 4 Paige, 399. 
 
 The term land defined.'] The term "land" as used 
 in this chapter, is to be construed to include the 
 land itself, all buildings and other articles erected 
 upon or affixed to the same, all trees and under- 
 wood growing thereon, and all mines, minerals, 
 quarries and fossils, in and under the same, except 
 mines belonging to the Slate ; and the terms "real 
 estate" and "real property," whenever they occur 
 in this chapter, are to be construed as having the 
 same meaning as the term land, thus denned. 
 
 Personal property defined.'] The terms " personal 
 estate," and " personal property," whenever they 
 occur in this chapter, are to be construed to in- 
 clude all household furniture, moneys, goods, 
 chattels, debts due from solvent debtors, whether 
 on account, contract, note, bond or mortgage, 
 public stocks, and stocks in moneyed corpora- 
 tions ; also such portions of the capital of incor- 
 porated companies liable to taxation on their cap- 
 ital, as shall not be invested in real estate. 
 
 The question what shall be deemed personal 
 estate, in the possession or under the control of an agent, 
 within the meaning of the statute, has recently 
 undergone judicial construction. In the case of 
 Lord v. Arnold, (18 Barbour, 104,) it was held that 
 when one is the agent of another for the sale of 
 real estate in his vicinity, and for making con- 
 tracts for sales, and for receiving the consideration 
 agreed to be paid by the purchasers, and as such 
 agent has in his possession contracts for the lands 
 executed by his principal who resides in another 
 
124 OP ASSESSORS. 
 
 place, arid by the several purchasers of the land, 
 the amount owing by the purchasers on such con- 
 tracts is not subject to taxation against the agent, 
 as personal estate in his possession or under his control 
 as such agent. 
 
 Such contracts pertain to and follow the owner 
 wherever he may be; such is the general rule, of 
 law, the property itself accompanies the owner, 
 the evidence of that property may be some where 
 else. Story's conflict of Laws, 309 to 314. 
 
 Property exempt.] The following property is ex- 
 empt from taxation : 
 
 All property which is declared exempt by the 
 constitution of this State, or the constitution of the 
 United States: 
 
 All lands belonging to this State, or the United 
 States : 
 
 Every building erected for the use of a college, 
 incorporated academy, or other seminary of learn- 
 ing; every building for public worship; every 
 school house, court house and jail ; and the several 
 lots on which such buildings are situated, and the 
 furniture belonging to the same : 
 
 Every poor house, alms house, house of indus- 
 try, and eVery house belonging to a company in- 
 corporated for the reformation of offenders, and the 
 real or personal property belonging to or connect- 
 ed with the same : 
 
 The real and personal property of every public 
 library : 
 
 All stocks owned by the State, or by literary or 
 charitable institutions : 
 
 The personal property of every minister of the 
 
OF ASSESSOKS. 125 
 
 gospel, or priest of any denomination, and the 
 real estate of such minister, or priest, when occu- 
 pied by him, provided such real and personal estate 
 do not exceed the value of one thousand five hun- 
 dred dollars, and all property exempt by law from 
 execution. If the property of a minister, or priest, 
 exceed fifteen hundred dollars, that sum is to be 
 deducted from the valuation of his property and 
 the residue is liable to taxation. 
 
 Lands sold by the State, though not conveyed, 
 are to be assessed in the same manner as if actu- 
 ally conveyed. 
 
 The owner or holder of stock in any incorpora- 
 ted company liable to taxation on its capital, is 
 not to be taxed as an individual for such stock. 
 1 R. S. 388 ; 4th ed., 715, 
 
 When assessors act judicially.] Assessors in deter- 
 mining the value of taxable property, the value of 
 which is not sworn to as authorised by law, act 
 judicially. Weaver v. Devendorf, 3 Denio, 117. Pros- 
 ser v. Secor, 5 Barb., 607. 
 
 Responsible/or assessing exempt property.] They must 
 be careful however, to acquire jurisdiction. They 
 have no authority to enter upon the assessment 
 roll the name of any person whose property is by 
 law exempt from taxation, or to impose an assess- 
 ment thereon ; and if they assess property exempt 
 from taxation by statute, they cease to be judges 
 and are responsible for the consequences. In de r 
 termining whether they have jurisdiction or not, 
 in a given case, they do not act judicially. No 
 officer can acquire jurisdiction by deciding that 
 he has it. 5 Barb. 612. 7 Hill, 261. 16 Barbour, 244. . 
 
126 OP ASSESSORS. 
 
 Funds and securities held by the courts, are 
 personal property of the persons owning them, and 
 should be assessed to such persons as part of their 
 personal property, at their respective places of re- 
 sidence. Matter of Kellinger, 9 Paige, 62. 
 
 Farm divided by town line to be assessed where party 
 lives.] If a farm be divided by a town line, the 
 whole of it is to be assessed in the town in which 
 that part of it is upon which the owner's residence 
 is located ; if unoccupied, each part to be assessed 
 in the town where it lies. Saunders v. Springsteen, 
 4 Wend. 429. 
 
 Trespass cannot be maintained for a levy on 
 account of an over valuation in the assessment. 
 The party assessed must apply to the assessors in 
 time for a reduction. Ontario Bank'v. Bunnell, 10 
 Wend. 186. 
 
 Every person is entitled to be assessed in the 
 town or ward where he resides when the assess- 
 ment is made, for all lands then owned by him 
 within such town or ward, and occupied by him, 
 or wholly unoccupied. 
 
 When lands assessed as non-resident.] Land occu- 
 pied by a person other than the owner, may be 
 assessed to the owner or occupant, or as non-resi- 
 dent land. Laws of 1851, chap. 176. 
 
 Unoccupied lands not owned by a person resi- 
 ding in the ward, or town, where the same are sit- 
 uated, are denominated "lands of non-residents." 
 
 Personal estate where to be assessed.] Every person 
 must be assessed in the town or ward where he 
 resides when the assessment is made, for all per- 
 sonal estate owned by him, including all persona' 
 
OF ASSESSORS. 127 
 
 estate in his possession or under his control as 
 agent, trustee, guardian, executor, or administra- 
 tor, and in no case can property so held under 
 either of these trusts be assessed against any oth- 
 er person ; and in case any person possessed of such 
 personal estate, shall reside during any year in 
 which taxes may be levied in two or more coun- 
 ties, towns or wards, his residence is deemed to be 
 in the county, town or ward in which his principal 
 business shall have been transacted ; but the pro- 
 ducts of any state of the United States, consigned 
 to agents in any town or ward of this state, for sale 
 on commission, for the benefit of the owner, is not 
 to be assessed to such agent. Nor are such agents 
 of moneyed corporations, or capitalists, liable to 
 taxation as above mentioned for moneys under 
 their control, or in their possession, transmitted to 
 them for the purposes of investment or otherwise. 
 Laws 1851, chap. 176. 
 
 Toll bridges.] In the case of toll bridges, the com- 
 pany owning such bridge must be assessed in the 
 town or ward in which the tolls are collected ; and 
 where the tolls of any bridge, turnpike or canal 
 company are collected in several towns or wards, 
 the company must be assessed in the town or ward 
 in which the treasurer or other officer authorised 
 to pay the last preceding dividend resides. 1. R. 
 S. 390; 4th ed., 716. 
 
 The provisions of the Revised Statutes, and the 
 amendments of 1851, pointing out the manner in 
 which assessments are to be made, are so full and 
 definite, that I have deemed it proper to transcribe 
 and insert those sections entire. 
 
128 or assessors. 
 
 Assessment districts.] The assessors chosen in each 
 town or ward, may divide the same by mutual 
 agreement, into convenient assessment districts, 
 not exceeding the number of assessors in each 
 town or ward. 
 
 Between the first days of May and July, in each 
 year, they must proceed to ascertain by diligent 
 inquiry, the names of all the taxable inhabitants 
 in their respective towns or wards, and also all the 
 taxable property, real or personal, within the same. 
 
 Assessment roll.] They shall prepare an assess- 
 ment roll, in which they shall set down in four 
 separate columns, and according to the best infor- 
 mation in their power : 
 
 In the first column, the names of all the taxa- 
 ble inhabitants in the town or ward, as the case 
 may be : 
 
 In the second column, the quantity of land to 
 be taxed to each person : 
 
 In the third column, the full value of such land : 
 
 In the fourth column, the full value of all the 
 personal property owned by such person, after de- 
 ducting the just debts owing by him. (Form of 
 roll, Appendix, No. 27.) 
 
 Trustee, guardian, $r.] "Where a person is assessed 
 as trustee, guardian, executor, or administrator, 
 he shall be assessed as such, with the addition to 
 his name of his representative character, and such 
 assessment must be carried out in a separate line 
 from his individual assessment ; and he must be 
 assessed for the value of the real estate held by 
 him, in such representative character, at its full 
 value, and for the personal property held by him 
 
OF ASSESSORS. 129 
 
 in such representative character, deducting from, 
 such personal property the just debts due from 
 him in such representative character. 
 
 Lands of non-residents.] The lands' of non-resi- 
 dents must be designated in the same assessment 
 roll, but. in a part separate from the other assess- 
 ments, and in the following manner : 
 
 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 must proceed as 
 follows : 
 
 1. They must 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 lands it is bounded : 
 
 2. If they can obtain correct information of the 
 subdivisions, they shall put down in their assess- 
 ment rolls, and in a first column, all the unoccu- 
 pied lots in their town or ward, owned by non- 
 residents, by their numbers alone and without the 
 names of their owners, beginning at the lowest 
 number and proceeding in numerical order to the 
 highest : 
 
 3. In a second column, and opposite to the num- 
 ber of each lot, they shall set down the quantity 
 of land therein, liable to taxation: 
 
 4. In a third column, and opposite to the quan- 
 tity, they shall set down the valuation of such 
 quantity : 
 
 5. If such quantity be a full lot, it shall be de- 
 signated 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. 
 
 17 
 
130 OF ASSESSORS. 
 
 If the land so to be assessed be a tract which is 
 not subdivided, or if its subdivisions cannot be 
 ascertained by the assessors, they shall proceed as 
 follows : 
 
 1. They shall enter in their roll the name or 
 boundaries thereof, as above directed, and certify 
 in the roll that such tract is not subdivided, or 
 that they cannot obtain correct information of the 
 subdivisions, 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, such a description by its name or boundaries 
 will be sufficient ; but if a part only is liable to 
 taxation, that part or the part not liable, must be 
 particularly described : 
 
 4. If any part of such tract be settled and oqcu- 
 pied by a resident of the town or ward, the asses- 
 sors shall except such part from their assessment 
 of the whole tract, and shall assess it as other oc- 
 cupied lands are assessed ; and if they can not 
 otherwise designate such parts, they shall notify 
 the supervisor of the town, who shall cause a sur- 
 vey 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 hirn 
 transmitted to the comptroller, and the other shall 
 be delivered in like manner 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 
 
OF ASSESSORS. 131 
 
 assessors. And the expense of making such sur- 
 vey and maps, shall be immediately repaid to the 
 supervisor out of the county treasury ; audit shall 
 ' be added by the board of supervisors to the tax on 
 the tract, distinguishing it from the ordinary tax. 
 
 Survey of non-resident lands.] Whenever it shall be 
 deemed necessary by the assessors of any town, 
 to have an actual survey made to ascertain the 
 quantity of any lot or tract of non-resident lands 
 which is divided by the town line, they shall no- 
 tify the supervisor, who shall cause the necessary 
 surveys to be made at the expense of the town. 
 1 R. S. 391 ; tth ed., 717. 
 
 All real and personal estate liable to taxation, 
 shall be estimated and assessed by the assessors 
 at its full and true value, as they would appraise 
 the same in payment of a just debt due from a sol- 
 vent debtor. They must complete their assess- 
 ment rolls on or before the first day of August in 
 every year, and make one fair copy of the same to 
 be left with one of their number. 
 
 The notices required to be given by assessors 
 must set forth that the assessors have completed 
 their assessment roll, and that a copy thereof is 
 left with one of their number at a place to be spe- 
 cified therein, where the same may be seen and 
 examined by any person interested, until the third 
 Tuesday of August; (form of notice, Appendix, No. 
 184,) and that on that day the assessors will meet 
 at a time and place also to be specified in such 
 notice, to review their assessments. On the ap- 
 plication of any person conceiving himself ag- 
 grieved, it shall be the duty of the said assessors 
 
132 OF ASSESSORS. 
 
 on such day to meet at the time and place speci- 
 fied, and hear and examine all complaints in re- 
 lation to such assessments that may be brought 
 before them ; and they are empowered, and it shall • 
 be their duty to adjourn from time to time, as may 
 be necessary, to hear and determine such com- 
 plaints; but in the several cities of this State, the 
 notices required by this section, may conform to 
 the requirements of the respective laws regulating 
 the time, place and manner for revising the assess- 
 ments in said cities, in all cases where a different 
 time, place, and manner is prescribed by said laws 
 from that mentioned in this act. {See form of no- 
 tice, Appendix, No. 28.) 
 
 If the assessors shall wilfully neglect to hold the 
 meeting specified in the last preceding section, 
 each assessor so neglecting, becomes liable to a 
 penalty of twenty dollars, to be sued for and recov- 
 ered before any court having jurisdiction thereof, 
 by the supervisor of the town, for the use of the 
 poor of the same town ; and in case of such neglect 
 to meet for review, any person aggrieved by the as- 
 sessment of the assessors may appeal to the board 
 of supervisors, at their next meeting, who shall have 
 power to review and correct such assessment. 
 
 Reduction of valuation how made.] Whenever any 
 person on his own behalf, or on behalf of those 
 whom he may represent, shall apply to the assessors 
 of any town or ward to reduce the value of his real 
 and personal estate, as set down in their assess- 
 ment roll, it is the duty of such assessors to exam- 
 ine such person under oath touching the value of 
 his or their said real or personal estate, and after 
 
OF ASSESSORS. 133 
 
 such examination they must fix the value thereof, 
 at such sum as they may deem just, but if such 
 person refuses to answer any question as to the val- 
 ue of his real or personal estate, or the amount 
 thereof, the assessors must not reduce the value of 
 such real or personal estate. The examination so 
 taken must he written and subscribed by the person 
 examined, and filed in the office of , the town clerk 
 of the town or city in which such assessment is 
 made, and any person who wilfully swears falsely on 
 such examination before the assessors, is deemed 
 guilty of wilful and corrupt perjury. 
 
 Oaths.] The assessors of the several towns and 
 wards of this state, have power to administer oaths 
 to airy person applying to them under the provis- 
 ions of this act. • 
 
 Assessment roll to be swornto.] "When the assessors, 
 or a majority of them, have completed their roll, 
 they severally appear before one of the justices of 
 the town or city in which they shall reside, and 
 severally make and subscribe before such justice, 
 an oath, in the following form : 
 
 We, the undersigned, do severally depose and 
 swear that we have set down, in the foregoing as- 
 sessment roll, all the real estate situated in the 
 (town or ward, as the. case may be,) according to 
 our best information; and that, with the exception 
 of those cases in which the value of the said real 
 estate has been changed by reason of proof pro- 
 duced before us, we have estimated the value of 
 the said real estate at the sums which a majority 
 of the assessors have decided to be the full and 
 true value thereof, and at which they would ap- 
 
134 or assessors. 
 
 « 
 
 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 person named in such roll, over and above 
 the amount of debts due from such persons respec- 
 tively, and excluding such stocks as are otherwise 
 taxable, and such other property as is exempt by 
 law from taxation, at the full and true value there- 
 of, according to our best judgment and belief. 
 Which oath must be written on said roll, signed 
 by the assessors, and certified by the justice, and 
 shall be in place of the official certificate now re- 
 quired by law ; and every assessor who shall swear 
 false in taking and subscribing said oath, is deem- 
 ed guilty of, and liable to the penalties of wilful 
 and corrupt perjury. 
 
 Rolls must be delivered to supervisor before Sept. 1.] 
 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 
 thereof. 
 
 The assessors in the execution of their duties, 
 are required to use the forms, and pursue the di- 
 rections which shall from time to time be trans- 
 mitted to them by the comptroller. 
 
 For a wilful neglect of duty, the assessor for- 
 feits to the State the sum of fifty dollars. 6 Cowen, 
 480. 
 
 If any assessor neglects or omits his duty, the 
 other assessors, or either of them, must perform 
 
OF ASSESSORS. 135 
 
 such duty, and certify to the supervisor with the 
 assessment roll, the name of the delinquent, and 
 the cause of such omission. 
 
 Care should be used in defining non-resident land.] 
 Great care should be observed in putting down 
 the numbers or boundaries of non-resident lots ; and 
 if the assessors give a mistaken number, with a 
 description otherwise sufficient to identify the land, 
 the assessment is insufficient, and a comptroller's 
 deed with such number and description is void. 
 Dike v. Lewis, 4 Denio, 237. 
 
 Where the lot intended to be assessed is part of 
 a tract which has a known name, and the assess- 
 ment describes the lot as situated in a different 
 tract, the assessment is void, although it contains 
 other matter of description which, if the name of 
 the tract were rejected, would suffice to identify 
 the lot. Tollman v. White, 2 Corns. 66. 
 
 A common law certiorari will lie to review the 
 proceedings of assessors, Weaver v. Devendorf, 3 
 Denio, 117; although on. grounds of public policy 
 the writ is usually refused. The People v. Supervi- 
 sors of Allegany, 15 Wend., 198. 1 Hill, 195. 
 
 To tax rents.] Under the act passed May 13, 
 1846, entitled an act to equalize taxation, it is 
 made the duty of the assessors of each town and 
 ward, while engaged in ascertaining the taxable 
 property therein, by diligent inquiry to ascertain 
 the amount of rents reserved in any leases in fee, 
 or for one or more lives, or for a term of years ex- 
 ceeding twenty one years, and chargeable upon 
 lands within such town or ward ; which rent shall 
 be assessed to the person or persons entitled to re- 
 
136 OF ASSESSORS. 
 
 ceive the same, as personal estate, (such rents are 
 declared to be such for the purposes of taxation,) 
 at a principal sum, the interest of which at the le- 
 gal rate per annum, shall produce a sum equal to 
 such annual rents. And in case such rents are 
 payable in any other thing than money, the value 
 of such annual rents in money is to be ascertained 
 by the assessors, and the same assessed in like 
 manner. Laws of 1846, chap. 327. 
 
 A lease for a term of thirty years, executed be- 
 fore that act took effect, is within the purview of 
 the act, and the rents therein reserved are liable 
 to taxation ; although at the passage of the act the 
 lease had less than twenty-one years to run. Le 
 Cduteulx v. Supervisors of Erie, 7 Barb. 249. Ssee also 
 4 Barb. 9; 8 id. 23. 6 How. Sp. Term Rep. 116. 
 
 Power to correct.] Assessors have power to cor- 
 rect an assessment, (except to increase an esti- 
 mate of property after the roll has been deposited 
 with one of their number for examination,) at any 
 time before their roll is delivered to the supervi- 
 sor. The People v. Supervisors of Westchester, 15 Barb. 
 607. 
 
 Affidavit for reduction.] The affidavit presented to 
 assessors for the purpose of procuring a reduction 
 of an assessment, can only be sworn to before the 
 assessors, or one of them. A justice of the peace 
 has no authority to administer an oath in such, a 
 case. 15 Barb. 607. 
 
 The applicant for reduction must swear posi- 
 tively. The statute does not sanction a statement 
 on belief. Id. 
 
OF ASSESSORS. 137 
 
 To make list of insane persons.] It is the duty of 
 the assessors in each town and ward in the State, 
 every year to make diligent inquiry, and ascertain 
 with accuracy the number and names of all insane 
 persons in the town or ward, and to make a list of 
 the same, with the best account they can procure 
 in each case, as to the age, general health, habits 
 and occupation; kind, degree, and duration of in- 
 sanity, and pecuniary ability of such insane person, 
 and the pecuniary ability of the relatives liable 
 to his support. Such list, with all the facts brought 
 down to the latest period, must be delivered to the 
 clerk of the county by the first day of August; 
 Laws of 1842, chap. 135. 
 
 Duty in respect to enforcing the payment of taxes.] 
 When the collector of a town' or ward fepprts to 
 the assessors, or one of them, that persons liable to 
 pay taxes refuse to pay, and that no property can 
 be found upon which to distrain, and that such 
 persons have credits and rights in action, or other 
 personal property, which ought to be applied in 
 payment of the tax, the assessors may, in their 
 discretion, make application within one year to 
 the county or to the supreme court, to enforce the 
 payment of such tax. Laws of 1842, chap. 318. 1 
 R. S. 725; 4th ed. 
 
 The party refusing to pay such tax, is deemed 
 guilty of a violation of duty or misconduct, within 
 the meaning of the statutes respecting contempts, 
 as the same are defined at title 13, chap. 8, part 3, 
 of the Revised Statutes; and the court upon the 
 application of the assessor, and due proof, may 
 proceed to enforce the payment or punish the of- 
 18 
 
138 OF ASSESSORS. 
 
 fender, in the manner there pointed out. To bring 
 the matter before the court, an affidavit should 
 be drawn setting forth the facts, which should be 
 accompanied by a petition asking such relief as is 
 deemed proper, and presented to the court.. 
 
 The court, after seeing that such notices are 
 given to the offending party as its rules require, 
 proceeds to hear the proof, and makes such order 
 in regard to the payment of the tax, or the pun- 
 ishment of the offender, or both, as is deemed 
 just. 
 
 Tax on dogs.] A tax must be levied and collected 
 annually, on dogs, in all the counties of this State, 
 except the county of New- York, as follows : Upon 
 every bitch of three months old or upwards, kept 
 by any one person or family, two dollars ; upon 
 every additional bitch kept by the same, five dol- 
 lars ; upon two dogs of six months old or upwards, 
 other than bitches, kept by one person or family, 
 one dollar; upon every such dog more than two, 
 kept by the same person or family, three dollars. 
 
 The assessors, at the time of making their an- 
 nual assessments, must inquire and ascertain the 
 number of dogs liable to be taxed, and enter down 
 in distinct lists, the names of the persons owning 
 or keeping any dog subject to the above tax, the 
 number kept, and the amount of tax to be paid by 
 such persons. 
 
 Owner must deliver description.] The assessors may 
 require the owner or possessor of dogs to deliver 
 a description in writing of every such dog ; and 
 for a neglect or refusal so to do, and for every false 
 statement relating thereto, the party offending for- 
 
OF ASSESSORS. 139 
 
 feits five dollars, to be recovered by the supervisor 
 of the town. . , 
 
 Tax how collected.'] The assessors, within the time 
 allowed by law for the completion of their assess- 
 ment rolls, must make out duplicate lists respecting 
 such dog tax, containing the names of the owners 
 and possessors of dogs liable to taxation, and an- 
 nex to such lists a direction or warrant to the col- 
 lector of the town, to levy and collect the several 
 sums in such list specified, of the persons respec- 
 tively, opposite to whose names the said sums 
 shall be written, and to pay over the same after 
 deducting five per cent for his commissions, to the 
 county treasurer. 1 R. S. 703; 4th ed., vol. 2, 111. 
 
 Villages.] Under the act to provide for the incor- 
 poration of villages, when the electors of a village 
 direct a sum of money to be raised, by tax, the as- 
 sessors of such village are required to assess the 
 same, and make out and complete an assessment 
 for such tax, in the manner, as nearly as practica- 
 ble, prescribed by law for making assessments by 
 town assessors ; and must deliver the same to the 
 trustees of such village within sixty days after the 
 meeting at which such tax was directed to be rais- 
 ed. Laws of 1847, chap. 426, sec. 59. 
 
 Section 3. Of the assessment of taxes on incorpo- 
 rated COMPANIES 
 
 All moneyed or stock corporations, deriving an 
 income or profit from their capital, or otherwise 
 deriving any income, are liable to taxation on their 
 capital in the manner hereinafter mentioned. The 
 president or other proper officer of every such cor- 
 
140 OF ASSESSORS. 
 
 poration, is required by-law, on or before the first 
 day of July in each year, to deliver to some one of 
 the assessors of the town or ward in which such 
 corporation is liable to be taxed, a written state- 
 ment, specifying, 
 
 1. The real estate, if any, owned by such com- 
 pany ; the place where situated, and the sums ac- 
 tually paid therefor. 
 
 2. The capital stock actually paid in, and se- 
 cured to be paid in, excepting therefrom the sums 
 paid for real estate, and the amount of such capi- 
 tal stock held by the State and by any incorpora- 
 ted literary or charitable institution ; and 
 
 3. The town or ward in which the principal of- 
 fice or place of transacting the financial business 
 of such company is situated ; or if there be no such 
 principal office, the town or ward in which its op- 
 erations are carried on. 
 
 How to assess corporations.] The assessors are re- 
 quired to enter all incorporated companies from 
 which such statements shall be received by them, 
 and the property of such companies, and the pro- 
 perty of all other incorporated companies liable to 
 taxation in their respective towns, in their assess- 
 ment rolls in the following manner : 
 
 In the first column, the name of the corporation 
 liable to taxation on its capital or otherwise, and 
 under its name, the capital stock paid in and se- 
 cured to be paid in ; the amount paid for real es- 
 tate then owned by such company, wherever the 
 same may be situated, and the amount of its 
 stock, if any, belonging to the State, and to incor- 
 porated literary and charitable institutions. 
 
OF ASSESSORS. 141 
 
 In the second column, the quantity of real estate 
 owned .by such company within the town or ward ; 
 and in the third column, the actual value thereof 
 estimated as in other cases ; and in the fourth col- 
 umn the capital stock of every incorporated com- 
 pany, (excepting manufacturing and turnpike cor- 
 porations, and marine insurance companies,) paid 
 in, and secured to be paid in; after deducting the 
 sum paid out for all the real estate of such com- 
 pany, and then belonging to it, and the amount of 
 stock, if any, belonging to the people of this State, 
 and to incorporated literary and charitable insti- 
 tutions. 1 R. S. 752, 4th ed. - 
 
 The assessors must insert the cash value, in the 
 proper column, of all manufacturing and turnpike 
 corporations, (to be ascertained by the assessor by 
 the sales of the stock, or in any other manner,) 
 deducting therefrom the items mentioned above, 
 which value, together with that of the real estate 
 of such corporations, forms the basis on which the 
 tax is to be levied. 
 
 Bridge companies.] Turnpike, bridge, or canal 
 companies, whose net annual income does not ex- 
 ceed five per cent, on the stock paid and secured 
 to be paid in, are exempted from taxation. 
 
 How to secure exemption.] To secure the benefit of 
 such exemption, some two of the officers of such 
 company must make an affidavit of the stock paid 
 in and secured, and the income and profits, and 
 the total expenditures during the preceding year, 
 of such company, and deliver the same to 
 the assessors at the time of making their assess- 
 ments. 
 
142 OP ASSESSORS. 
 
 It is sometimes difficult to determine what are 
 moneyed or stock corporations, deriving an income 
 or profit from their capital, or otherwise, within 
 the meaning of the statute. A reference to some 
 of the leading decisions under this statute, will 
 afford a guide to the assessor in that respect. 
 
 The Buffalo Mutual Insurance Company, a cor- , 
 poration, possessed a fund of $100,000, arising from 
 premiums earned upon fire and marine policies of 
 insurance, which were invested pursuant to an 
 authority contained in the charter, in bonds, mort- 
 gages and stocks, so as to yield an income to be 
 divided among its.members. The company having 
 no other capital or effects, it was held that the 
 corporation was liable to taxation on account of 
 such fund, as capital. Such is a moneyed corpo- 
 ration within the meaning of the statute concern- 
 ing the assessment of taxes on incorporated com- 
 panies. 
 
 Money paid in as premiums to an insurance 
 company, not liable to be withdrawn and divided, 
 but forming the basis of its business operations, is 
 'capital, and as such is liable to taxation. Mutual 
 Insurance Company of Buffalo v. Supervisors of Erie, 
 4 Corns. 442. 
 
 But surplus earnings or profits, over and above 
 the amount retained as permanent capital, it seems, 
 are not liable to be taxed. Id., and Bank of Utica 
 v. City of Utica, 4 Paige, 399. 4 Hill, 20. 1 Corns. 
 371; 3 id. 290. 
 
 Associations formed under the general banking 
 law are corporations, and, as such, are liable to taxa- 
 tion on their capital. Bank of Watertown v. Village 
 
OF ASSESSORS. 143 
 
 of Watertown, 1 Hill, 616. Thomas v. Dakin, 22 
 Wend. 9. 
 
 A moneyed corporation, liable to taxation on its 
 capital, is to be assessed on the whole nominal 
 amount paid in and secured to be paid in, after de- 
 ducting expenditures for real estate, and such of 
 the stock as the statute exempts. 
 
 No deduction for losses.] No deduction is to be 
 made for losses of capital sustained by the corpo- 
 ration, nor for debts due from it. Nor can a de- 
 duction be made for such part of its capital as is 
 invested in the stock of other corporations liable 
 to taxation, it seems. Farmer's Loan and Trust 
 Company v. the Mayor, $-c. of New-York, 7 Hill, 261. 
 The People v. Supervisors of Niagara, 4 Hill, 20, 
 Commercial Insurance Company of New-York v. Super- 
 visors of New-York, 18 Wend. 606. 
 
 Railroad companies.] Railroad companies are not 
 taxed upon their capital, but upon the valuation of 
 their real estate in the several towns through 
 which the road passes ; and it seems they are lia- 
 ble to be so taxed, though not in the receipt of any 
 profits or income. 4 Hill, 20. 
 
 In assessing railroads, it is the duty of assessors 
 to estimate and assess that section of the road 
 which lies within their town, at its full and true 
 value. In ascertaining this value, the superstruc- 
 ture and fixtures, and every thing annexed to the 
 land, is to be taken into account. But whether 
 the stock of the company is above or below par, 
 or whether the business of the road is productive 
 or unproductive, are questions with which the 
 assessors have nothing to do. 
 
144 OP ASSESSORS. 
 
 Within the above rule their valuation is conclu- 
 sive, however much they may err in their esti- 
 mate. Like the verdict of a jury, their estimate 
 is not to be questioned. The tax based upon the 
 assessment is like a judicial sentence, and can 
 only be attacked for fraud, or want of jurisdic- 
 tion. 
 
 But when the assessors, after estimating and as- 
 sessing that part of a railroad lying within their 
 town, with the superstructures and erections 
 thereon, at its full and true value, proceed, to add 
 anything to the valuation by reason of the increas- 
 ed cost of the road, or on account of its produc- 
 tiveness, so far they transcend their authority, and 
 their act is void. Albany and West Stockbridge R. R. 
 Co. v Town of Canaan, 16 Barb. 244. 
 
 As to the jurisdiction and authority of assessors, 
 see the well considered opinion of Judge Johnson, 
 in the case of Prosser v. Secor, 5 Barb. 611, 612. 
 
 The real estate of a railroad company, must be 
 assessed in each town, at the actual value of the 
 part lying therein, disconnected with the remain- 
 der of the road, and without reference to the in- 
 come of the road. 12 Barb. 232. 
 
 Insurance companies.] Where a mutual insurance 
 company retained a large amount of profits as a 
 fund for the payment of losses, and was taxed 
 therefor as a moneyed corporation, the taxation 
 was held legal. The Sun Mutual Insurance company, 
 v. New-York, 5 Sandford, 10. 
 
 For the duties of assessors, as fence viewers, see 
 the chapter on their duties. 
 
 Assessors are allowed for each day actually and 
 
OF ASSESSORS. 145 
 
 necessarily devoted to the service of the town, the 
 sum of one dollar and twenty-five cents. 
 
 Section 4. Of the enrolment of persons subject to 
 military duty, and the assessment and collection 
 of commutations. 
 
 As there have "been no decisions giving con- 
 struction to any part of the act in regard to the 
 enrolment of the militia, passed April 17, 1854; 
 and as the provisions of the act go very much into 
 detail in relation to the duties of assessors in that 
 respect, I have deemed it proper to insert all that 
 part of the act relating to the duties of assessors, in 
 the language of the statute. 
 
 Of enrolments. ] § 1. The assessors chosen in each 
 city, village, town or ward shall annually, and at 
 the same time they are engaged in taking the as- 
 sessment or valuation of real and personal proper- 
 ty in their respective towns or wards, include in 
 their assessment roll the names of all persons in 
 their respective assessment districts, between the 
 ages of eighteen and forty-five years, liable to be 
 enrolled by the laws of the United States; they 
 they shall prepare an additional column in said 
 roll, which shall be headed " military roll," and in 
 such column, opposite the name of each person 
 not exempt, shall insert "50;" and every copy re- 
 quired by law to be made of said assessment roll, 
 shall contain the additions herein specified ; such 
 assessors shall give notice to every person whom 
 they shaU'embrace in their military roll that he is 
 so enrolled ; such notice may be giyen by inform- 
 ing said person thereof, or by giving such informa- 
 19 
 
146 OF ASSESSORS. 
 
 tion to some person of suitable age and discretion 
 at his place of residence or business. 
 
 Notice of completion of enrolment.] § 2. As soon as 
 the roll is completed, the assessors shall forthwith 
 cause notices thereof to be put up in three of the 
 most public places in the village, city, town or 
 ward, which notices shall set forth that the asses- 
 sors have made their roll of all persons liable to be 
 enrolled according to the laws of the United States, 
 and that the same is left with one of their num- 
 ber, to be designated in such notice, at someplace 
 to be specified therein, where the same may be 
 seen and examined, by any person interested there- 
 in, until some day and place to be specified in such 
 notice, when the said assessors will meet to review 
 such enrolment. Such review shall be made at 
 the same time and place the said assessors review 
 their assessment of real and personal property. 
 
 Affidavit to be made by persons claiming to be exempt.] 
 § 3. Any person who claims that he is not liable to 
 military duty on account of some physical defect 
 or bodily infirmity, or that he is exempt from the 
 performance of military duty by any law of this 
 state or of the United States, may, on or before the 
 day specified in such notice, and not after, deliver 
 to either of said assessors an affidavit stating such 
 facts on which he claims to be exempt, or not lia- 
 ble to do military duty; such affidavit may be made 
 before any person authorised to administer oaths, 
 or before the assessors, or one of them, either of 
 whom is hereby authorised to administer an oath 
 for that purpose ; and the assessors shall cause all 
 such affidavits to be filed in the office of the city 
 
OF ASSESSORS. 147 
 
 or town clerk ; and if any person shall swear false- 
 ly in such affidavit he shall be guilty of perjury. 
 
 Commandants of military companies and foremen of fire 
 companies to deliver lists of members to assessors.] § 4. 
 The commandant of every military company and 
 foreman of every fire company in any city, village 
 or town in this State, shall, before the fifteenth day 
 of June, in each year, deliver to either of the as- 
 sessors of each town or ward in his company dis- 
 trict, a list containing the names of all persons be- 
 longing to their respective companies,, which list 
 shall show the town or ward in which each mem- 
 ber of such company resides ; such list shall not 
 contain the name of any member of such military 
 company, however, unless he is fully uniformed. 
 
 Assessors to determine who are exempt.] § 5. On the 
 day the assessors meet to review their assessment 
 of real and personal property, they shall also de- 
 termine who are exempt or not liable to do mili- 
 tary duty, and in a column prepared for that pur- 
 pose in such roll opposite the name of each person 
 not exempt, shall retain " 50," and opposite the 
 name of each person not liable to do duty, shall 
 insert "exempt," or " not liable," as the case may 
 be ; and opposite the name of all members of uni- 
 formed companies on such roll shall insert " u. c," 
 and opposite the names of all members of fire 
 companies on such roll shall insert " f. c," and 
 against the name of any military officer in com- 
 mission and liable to do duty, the title of his office ; 
 and shall also insert against the names of persons 
 between the ages of eighteen and twenty-one 
 years, "minor ;" but if such person will have ar- 
 
148 OF ASSESSORS. 
 
 rived at the age of twenty-one years on or before 
 the fifteenth day of November following such en- 
 rolment, then the designation last above provided 
 need not be made. 
 
 Who to be deemed " armed and equipped," under law 
 of United States.] § 6 . Every citizen enrolled pusuant 
 to the laws of the United States, and who shall at 
 all times strictly comply with the act of congress, 
 approved May eighth, seventeen hundred and 
 ninety-two, which in the words following requires 
 him to " provide himself with a good musket or 
 firelock, a sufficient bayonet and belt, two spare 
 flints and a knapsack, a pouch, with a box there-' 
 in, to contain not less than twenty-four cartridges, 
 suited to the bore of his musket or firelock, each 
 cartridge to contain a proper quantity of powder 
 and ball; or with a good rifle, knapsack, shot- 
 pouch and powder-horn, twenty balls suited to 
 the bore of his rifle, and a quarter of a pound of 
 powder, and shall appear, so armed and accoutred 
 and provided, when called out to exercise, or into 
 service ;" and who shall appear before the said as- 
 sessors at their meeting when reviewing their en- 
 rolment in each year, and exhibit to them each 
 and all of said arms and accoutrements, and make 
 oath in due form of law that they have, bona fide, 
 provided and continually keep the same for the 
 purposes specified in said act of congress, and that 
 they have performed at least one day's duty under 
 the command of the proper officer, at a regular 
 parade in such year, shall have placed opposite to 
 his name, by the assessors, the Avords " armed and 
 equipped ;" and every person who shall swear 
 
OF ASSESSORS. 149 
 
 falsely under such oath, shall be deemed guilty of 
 perjury. 
 
 Assessors to make and file lists of persons exempt.] 
 § 7. The said assessors shall, at the time they shall 
 meet to review their enrolment, make a certified 
 list of the names of all persons whom they shall 
 determine to be exempt', or not liable to do mili- 
 tary duty, and shall immediately file the same in 
 the office of the clerk of the city, town or ward, in 
 which they reside, for the future examination and 
 guidance of the assessors of said city, town or 
 ward. 
 
 Assessors to verify roll and deliver to supervisor.] 
 § 8. When the said roll shall be completed as afore- 
 said, the assessors shall sign the same, and shall 
 attach thereto an affidavit substantially as follows : 
 
 " The undersigned, assessors of the town of , 
 in the county of , being severally sworn, say 
 that they have made strict and diligent inquiry to 
 ascertain the names of all persons required to, be 
 enrolled, as liable to military duty, by the laws of 
 the United States, residing in said town, village or 
 ward of ; that the roll hereto annexed is, as 
 
 near as these deponents can ascertain, a correct 
 roll of all persons residing in said town or ward, 
 who are liable to.be enrolled." The said affida- 
 vit may be taken before any officer authorized by 
 law to take affidavits, whose duty it shall be to 
 take the same without fee or reward. 
 
 The said assessors shall then deliver said roll, 
 so embodied in the assessment roll of the town or 
 ward, to the supervisor of the town or ward, who 
 shall deliver the same to the board of supervisors 
 
150 OF ASSESSORS. 
 
 at their next annual meeting, and it shall be call- 
 ed the "military roll of such town or ward." 
 And the clerk of each board of supervisors shall in- 
 form the adjutant-general of the number of persons 
 enrolled in each county. 
 
 Assessors and supervisors to pursue instructions of ad- 
 jutant-general. § 9. The assessors and supervisors, in 
 the execution of their duties herein prescribed, 
 shall pursue the instructions which shall, from 
 time to time, be transmitted to them by the adju- 
 tant-general. 
 
 Penalty for neglect or refusal to perform duties, and 
 manner of enforcing the same.] § 10. If any assessor 
 shall refuse or neglect to perform any of the duties 
 required of him by this act, he shall forfeit and 
 pay the sum of not less than twenty-five nor more 
 than fifty dollars, to be recovered in the name of 
 the people of the State of New-York ; and if any 
 assessor shall wilfully neglect or refuse to perform 
 such duties as are hereby required, he shall be 
 deemed guilty of a misdemeanor ; and such pen- 
 alty, when paid or collected, shall be paid into the 
 treasury of the county, and belong to the military 
 fund of said regiment. And it shall be the duty 
 of the district attorneys of the several counties, on 
 the complaint of any commissioned officer of the 
 uniformed militia within the county where such 
 district attorney resides, to prosecute any assessor 
 or collector who shall neglect or refuse to perform 
 any of the duties required of him by this act. The 
 costs of such prosecution, if not collected from the 
 delinquent, shall be a charge upon the county. 
 
 Delinquent assessor to be reported to commandant of 
 
OF ASSESSORS. 151 
 
 regimental district] § 11. If any assessor shall neg- 
 lect, or from any cause omit to perform his duties, 
 the other assessors, or either of them, of the city, 
 village, town or ward, shall perform such duties, 
 and shall certify the name of such delinquent as- 
 sessor, stating the cause of such omission, to the 
 commandant of the regimental district in which 
 he resides. 
 
 Information of persons liable to be enrolled.] § 12. All 
 tavern keepers, keepers of boarding houses, per- 
 sons having boarders in their families, and every 
 master and mistress of any dwelling-house, and 
 head of quaker or shaker societies or communities, 
 shall, upon the application of any assessor, give 
 information of the names of all persons residing or 
 lodging in such house, or belonging to such society 
 or community, liable to be enrolled, and all other 
 proper information concerning such persons as such 
 assessor may demand. 
 
 Penalty for not giving information.] §13. If any per- 
 son of whom information is required by any asses- 
 sor, in order to enable him to comply with the 
 provisions of this act, shall refuse to give such in- 
 formation, or shall give false information, he shall 
 forfeit and pay ten dollars for each item of infor- 
 mation demanded of him by any assessor and false- 
 ly stated, and the like sum for each individual 
 name that may be refused, concealed or falsely 
 stated ; and every person who shall refuse to give 
 his own name and proper information when ap- 
 plied to by an assessor, or shall give a false name 
 or information, shall forfeit and pay a like sum, 
 such penalties to be recovered in any court of com- 
 
152 or assessors. 
 
 petent jurisdiction, in the name of the people of the 
 State of New- York ; and it is hereby made the 
 duty of the assessors to report the names of all per- 
 sons, who may incur any penalty in this section 
 prescribed, to the commandant of the regimental 
 district in which they reside. 
 
 Duty of board of supervisors.] § 14- The board of 
 supervisors of each county in this State, at their 
 annual meeting, shall, in a column to be provided 
 for that purpose in the corrected assessment and 
 military roll, set opposite to the name of every per- 
 son 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 
 persons as commutation of the arms, accoutre- 
 ments and exercise specified in the act of congress 
 approved May eighth, seventeen hundred and 
 ninety- two. 
 
 Mode of collecting commutations. \ -§ 15. The said 
 sum of fifty cenfs against every person who shall 
 appear by the said assessment roll liable to pay 
 the same, shall be collected at the same time and 
 in the same manner as taxes are collected in each 
 county. And the warrants annexed by the super- 
 visors to the assessment rolls of the several towns 
 and wards, shall direct the collectors to collect the 
 amount from every person appearing by the said 
 assessment roll liable to pay the same, in the same 
 manner as taxes are collected, and to pay the same 
 to the county treasurer. And where the name of 
 any person, between the ages of eighteen and 
 twenty-one years, shall appear on the said roll 
 liable to pay the said commutation, the said war- 
 
OF ASSESSORS. 153 
 
 rant shall direct the collector to collect the same 
 of the father, master or guardian with whom such 
 person shall reside, or out of any property such 
 minor may have in the city, village, town or ward, 
 and such collector shall proceed and execute such 
 warrant. 
 
 Commanding officer of regiment may remit erroneous as- 
 sessment.] § 16. Whenever it shall be made satis- 
 factorily .to appear to the commanding officer of 
 any Brigade, regiment or uniform company, that 
 by accident, mistake or inadvertence, any commu- 
 tation or assessment has been ordered collected of 
 any person clearly and palpably not liable to pay 
 the same, such commanding officer may remit 
 such assessment, and his certificate thereof shall 
 be authority for any collector or receiver of taxes 
 to cancel the same on his roll. 
 
 The assessor holds one of the most important 
 offices in the county. The relative rights of that 
 large and responsible class in community upon 
 whom is devolved the burden of taxation, are 
 deeply affected by the fidelity and correctness with 
 which he discharges his duty. In the discharge 
 of that duty he needs a sound judgment, clearness 
 of discrimination, intelligence, and integrity of 
 purpose. 
 
 20 
 
CHAPTER VI. 
 
 OF THE COLLECTOR. 
 
 The statute provides for one collector in each 
 town. He is chosen hy ballot at the annual town 
 meeting. Like other town officers, he must be an 
 elector of the town for which he is chosen. He 
 holds his office for one year, or until another is 
 chosen or appointed in his place. 
 
 Bond.] Before entering on his duties, and within 
 eight days after he receives notice of the amount 
 of taxes to be collected by him, he must execute 
 to the supervisor of the town, a bond with one or 
 more sureties, to be approved by the supervisor, in 
 double the amount of such taxes, conditioned for 
 the faithful execution of his duties as such collec- 
 tor. (For form of bond, see Appendix, No. 29.) 
 
 An omission to give the bond within eight days 
 is deemed a refusal to serve. The bond of the 
 collector is a lien upon all the real estate held by 
 him or his sureties within the county, at the time 
 of the filing thereof, and continues so until all 
 charges which may accrue by the prosecution of 
 the same, are fully satisfied. The supervisor must 
 file such bond in the county clerk's office, within 
 six days' after it is delivered to him, with his ap- 
 probation endorsed thereon. 1 R. S. 655, 4th ed. 
 
 Vacancy how supplied.] In case any person chosen 
 
OF THE COLLECTOR. 155 
 
 or appointed to the office of collector refuses to 
 serve, or if he should die, resign, or remove out 
 of the town or ward, before he has entered upon 
 or completed the duties of his office, or shall he 
 disabled from completing the same, by reason of 
 sickness or any other cause, the supervisor and 
 any two justices of the town or ward, must forth- 
 with appoint a collector for the remainder of the 
 year, who must give the like security, and be sub- 
 jected to the like duties and penalties, and have 
 the same powers and compensation, as the collec- 
 tor in whose place he was appointed ; and the su- 
 pervisor must forthwith give notice of such ap- 
 pointment to the county treasurer. But such ap- 
 pointment does not operate to exonerate the for- 
 mer collector or his sureties from any liability. 1 
 R. S. 399 ; 4th ed. 726. 
 
 Warrant to collector, what to contain.] Having filed 
 his bond, the next step is to receive from the board 
 of supervisors the warrant for the collection of 
 taxes in his town. As the warrant must be regu- 
 lar on its face to protect the collector, it is proper 
 to state what the warrant must contain. 
 
 The collector's warrant consists of the corrected 
 assessment roll of the town, as the same has been 
 corrected by the board of supervisors, together 
 with a column added; which column contains 
 the several sums in dollars and cents, opposite the 
 sums set down as the valuations of real and per- 
 sonal estate, as a tax to be paid thereon. 
 
 The collector is entitled to receive the warrant 
 before the fifteenth day of December in each year. 
 
 The warrant should be under the hands and 
 
156 OF THE COLLECTOR, 
 
 seals of the board, of supervisors, or a majority of 
 them. {Form of warrant, Appendix, No. 14.) 
 
 The warrant would be valid, and would protect 
 the collector, although the persons signing it 
 should omit to describe themselves therein as su- 
 pervisors, but it is better that they should desig- 
 nate themselves officially. Sheldon v. Van Buskirk, • 
 2 Com. 473. 
 
 If the warrant be directed to the collector of a 
 town, it directs him, out of the moneys so to be col- 
 lected, to pay, 
 
 1. To the town superintendent of common 
 schools of his town, such sum as shall have been 
 raised for the support of common schools : 
 
 2. To the commissioners of highways of the town 
 such sum as shall have been raised for the support 
 of highways and bridges therein : 
 
 3. To the overseers of the poor of the town, if 
 there be no county poor house, or other place pro- 
 vided 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 : 
 
 4. To the supervisor of the town, all other mo- 
 neys whi,ch shall have been raised therein, to de- 
 fray any other town expenses : and, 
 
 5. To the treasurer of the county, the residue of 
 the moneys so to be collected. 
 
 If the warrant be directed to the collector of a 
 ward, it must direct him to pay all the moneys 
 to be collected, after deducting his compensation, 
 to the treasurer of the county. 
 
 In all cases the warrant authorizes the collector, 
 in case any person named in the assessment roll 
 
OP THE COLLECTOR. 157 
 
 refuses or neglects to pay his tax, to levy the same 
 by distress and sale of the goods and chattels of 
 such person ; it also requires all payments therein 
 specified, to be made by such collector on or before 
 the first day of February then next ensuing. 
 
 Where laws have been passed directing the mo- 
 ney assessed for a local purpose to be paid to any 
 person or officer other than those named above, 
 the collector's warrant may be varied to meet such 
 case. 1 R. S. 396 ; 4th ed. 722. 
 
 The fees of the collector should not be added by 
 the board of supervisors to the warrant. Such fees 
 must be collected as hereinafter mentioned. 
 
 Duty of collector on receiving his warrant.] Upon the 
 reception of the warrant for the collection of taxes, 
 the collector must immediately cause notices to be 
 posted in five public places in the town or ward, 
 so located as to be most likely to give notice to 
 the inhabitants, designating in such notices, a cen- 
 tral and convenient place in the town or ward, 
 where he will attend from nine o'clock in the fore- 
 noon until four o'clock in the afternoon, at least 
 once in each week, for thirty days, on a day to be 
 specified in such notice, for the purpose of receiv- 
 ing payment of taxes. He must attend according- 
 ly. Any person may pay his taxes at that time 
 and place, or at any other time within thirty days 
 after the posting of such notices, on paying one 
 per cent fees thereon. The collector is prohibited 
 from taking more than one per cent fees for receiv- 
 ing such taxes within the thirty days, except in 
 those cases where the aggregate amount to be col- 
 lected by the warrants placed in the hands of the 
 
158 OF THE COLLECTOR. 
 
 collector, does not exceed two thousand dollars ; 
 and in such case the collector may receive two per 
 cent on such voluntary payments. He is entitled 
 on such voluntary payments to one cent fees on 
 every amount of tax under one dollar, no matter 
 how small. Laws of 1845, chap. 181. Laws of 1847, 
 chap. 482. 1 R. S., 4th ed. 722. (Form of notice, 
 Appendix, No. 184.) 
 
 Taxes not voluntarily paid.] After the expiration of 
 the thirty days, the collector proceeds to collect 
 the taxes unpaid, and is entitled to collect five per 
 cent for his fees from the several persons named 
 in the tax list. 
 
 When compelled to return unpaid taxes to the 
 county treasurer, he must add to the sums return- 
 ed five per cent, which goes to the credit of the 
 county. 
 
 The collector is entitled to receive two per cent 
 from the county treasurer, as fees for all taxes so 
 returned hy him. 
 
 Mode of collecting taxes not voluntarily paid.] After 
 the expiration of the thirty days ahove mentioned, 
 the collector must proceed to collect the taxes 
 mentioned in his warrant, and for that purpose 
 must call, at least once, on the person taxed, or 
 at the place of his usual residence, if in the town 
 or ward for which the collector is chosen, and de- 
 mand payment of the taxes charged to him on his 
 property. 
 
 Proceedings in case of refusal to pay.] In case any 
 person refuse or neglect to pay the tax imposed 
 on him, the collector must levy the same by dis- 
 tress and sale of the goods and chattels of the per- 
 
OF THE COLLECTOR. 159 
 
 son who ought to pay the same, or of the goods 
 and chattels in his possession, wherever the same 
 may he found, within the district of the- collector; 
 and no claim of property to he made thereto, hy 
 any other .person, will he availahle to prevent a 
 sale. 
 
 Sale, &c] The collector must give public notice 
 of the time and place of sale, and of the property 
 to he sold, at least six days previous to the sale, 
 hy advertisements to be posted up, in at least three 
 public places, in the town where such sale is made. 
 The sale must be by public auction. 
 
 If the property distrained be sold for more than 
 the amount of the tax, the surplus must be return- 
 ed to the person in whose possession such property 
 was, when the distress was made, if no claim be 
 made to such surplus by any other person. If 
 any other ^person claims such surplus, on the 
 ground that the property sold belonged to him, 
 and such claim be admitted by the person for 
 whose tax the same was distrained, the surplus 
 must be paid to such owner ; but if such claim be 
 contested by the person for whose tax the proper- 
 ty was distrained, the surplus moneys must be 
 paid over by the collector to the supervisor of the 
 town, who retains the same until the rights of the 
 parties are determined by due course of law. 
 
 Proceedings in case of removal of the person taxed.] 
 In case any person upon whom a tax is assessed, 
 in any ward pf any of the cities, or in any town, 
 removes out of the ward or town, after the assess- 
 ment, and before the tax ought by law to have 
 been collected ; or if any person neglect or refuse 
 
160 OF THE COLLECTOR. 
 
 to pay any tax assessed in any ward of either of 
 the said cities, or in any town, upon any estate of 
 such person, situated out of the town or ward in 
 which he resides, and within the county; it is law- 
 ful in either of those cases, for the collector of such 
 ward or town, to levy and collect such tax of the 
 goods and chattels of the person assessed, in any 
 ward within the said cities, or in any town within 
 the county, to which such person may have re- 
 moved, or in which he resides. 
 
 Though the assessment which forms the basis 
 upon which the tax is levied and the warrant issu- 
 ed, may be erroneous, yet if the warrant is fair on 
 its face, it will protect the collector in taking and 
 selling property, Henderson v. Brown, 1 Caines, 92, 
 and he has no right to refuse to execute it, although 
 he may believe the assessment was wrong. 7 Barb. 
 127. 7 Wend. 392. 2 Corns. 473. And it seems 
 that a writ of prohibition will not lie to restrain 
 a collector from collecting a tax, on the ground of 
 its illegality. 4 Barb. 17. 1 Hill, 195. But where 
 the illegality appears on the face ,of the warrant, 
 it was held that the collector who proceeds under 
 it is' liable in trespass. The Bank of Utica v. The 
 City of Utica, 4 Paige, 399. The collector may not 
 only seize the goods of the person taxed, but any 
 goods and chattels in his possession. 2 Corns. 473. 
 
 If he levies during-the life of his warrant, he 
 may sell at any time within a week after the ex- 
 piration of the same. 2 Corns. 473. (For forms re- 
 lating to collector's sales, see Appendix, Nos. 30, 31, 32, 
 33, 34, 35, 36, 37.) 
 
 Payment of tax on personal property, how enforced^ 
 
OF THE COLLECTOR. 161 
 
 Where a person neglects or refuses to pay a tax 
 imposed on him for personal property, and no 
 goods are found in his possession upon which the 
 same may he levied, and the property assessed ex- 
 ceeds the sum of one thousand dollars, the collec- 
 tor if he has reason to believe that the person 
 taxed, has debts, credits, rights in action, or other 
 personal property not taxed elsewhere, and upon 
 which levy cannot be made, must report the same 
 to the assessors of the town, or ward, who may, in 
 their discretion make application to the county 
 court to enforce the payment of such tax. Laws 
 of 1842, chap. 318, p. 404. 1 R. S. 724, 4th ed. 
 
 When to pay over moneys.] The collector within 
 one week after the time mentioned in his warrant 
 for paying the moneys directed to be paid to the 
 town officers and county treasurer, must pay the 
 sums required to be paid to them, first retaining 
 his own compensation. He has a right to demand 
 and receive from the town officer, to whom he 
 pays such money, duplicate receipts therefor ; one 
 he files with the county treasurer, which entitles 
 him to a credit for the amount stated in the re- 
 ceipt. It would be no excuse to the collector or 
 his bail for not paying over, that the money had 
 been stolen from him. 1 Denio, 233. 
 
 Should there be a surplus assessed over and 
 above the town charges, it should be paid by the 
 collector to the treasurer, and the same will be 
 applied to the reduction of the taxes of thetown 
 for the succeeding year. 
 
 Tax on portion of lot.] It is the duty of the collec- 
 tor to receive the taxes on a part of any lot of land 
 21 
 
162 OF THE COLLECTOR. 
 
 charged with taxes, provided the person paying, 
 furnishes a full description of such part. If the 
 tax on the remainder remains unpaid, he must en- • 
 ter such description in his return to the county 
 treasurer, in order that the part on which the tax 
 remains unpaid may be clearly known. If the 
 tract is an undivided parcel, the person paying 
 must state the name of the owner, that it may be 
 excepted in case of a sale for taxes. The collector 
 must enter the name of the owner on his returns 
 of arrears of taxes. 1 R. S. 726, 4th ed. 
 
 Duty as to unpaid taxes.] He must deliver to the 
 county treasurer an account of all the taxes he is 
 unable to collect, and upon making oath before 
 the treasurer, or in his absence a justice of the 
 peace, that the sums mentioned remain unpaid, 
 and that he has riot upon diligent inquiry been 
 able to discover any goods or chattels belonging 
 to, or in the possession of the person charged with, 
 or liable to pay such sums, whereon he could levy 
 the same, he is entitled to be credited by the 
 county treasurer with such amount. 
 
 Proceedings where collector neglects to pay over.] If 
 the collector refuse or neglect to pay to the sev- 
 eral town officers of his town or to the county 
 treasurer, the sums required by his warrant to be 
 paid to them respectively, or either of them, or to 
 account for the same as unpaid, the county trea- 
 surer must, within twenty days after the time 
 when such payments ought to have been made, 
 issue a warrant under his hand and seal, directed 
 to the sheriff of the county, commanding him to 
 levy such sum as remains unpaid and unaccount- 
 
OP THE COLLECTOR. 163 
 
 ed for by such collector, of the goods a»d chattels, 
 lands and tenements of such collector, and to pay 
 the same to the county treasurer, and to return 
 such warrant within forty days after the date 
 thereof; which warrant the county treasurer must 
 immediately deliver to the sheriff of the county ; 
 but no such warrant can be issued by the county 
 treasurer for the collection of moneys payable to 
 town officers, without proof, by the oath of such 
 town officers, of the refusal or neglect of the col- 
 lector to pay the same, or account therefor. 
 
 Duty of sheriff on warrant against collector.'] The 
 sheriff to whom such warrant is directed, must 
 immediately cause the same to be executed, and 
 make return to the county treasurer, within the 
 time therein specified, and pay to him the money 
 levied by virtue thereof, deducting for his fees the 
 same compensation that the collector would have 
 been entitled to retain. Such part of the moneys 
 collected, if any, as ought to have been paid by 
 the collector to town officers, must be paid by the 
 county treasurer to the officers to whom the col- 
 lector was directed to pay the same : but if the 
 whole amount of moneys due from the collector, 
 are not collected in such warrant, the county trea- 
 surer must first return the amount which ought to 
 have been paid to him, before making any pay- 
 ment to the town officers. 
 
 Sheriff's return.] If the whole sum due from the 
 collector shall be collected, the sheriff must so 
 state in his return ; but if a part only, or if no part 
 of such sum be collected, the sheriff must state in 
 his return the amount levied, if any, exclusive of 
 
164 OF THE COLLECTOR. 
 
 his fees, and also certify that such collector has no 
 goods or chattels, lands or tenements, in his coun- 
 ty, from which the moneys, or the residue thereof, 
 as the case may be, could be levied ; and in either 
 case, the county treasurer must forthwith give no- 
 tice to the supervisor of the town or ward, of the 
 amount due from such collector. 
 
 Collector's bond when to be sued.] The supervisor 
 must forthwith cause the bond of such collector 
 to be put in suit, and will be entitled to recover 
 thereon the sum due from such collector, with 
 costs of suit; and the sum recovered must be ap- 
 plied and paid by the supervisor, in the same 
 manner in which it was the duty of the collector 
 to have applied and paid the same. 
 
 Satisfaction of collector's bond.] At the time the col- 
 lector settles his accounts with the county treasu- 
 rer, (except in the city of New- York,) he or any 
 one of his sureties, is entitled to receive if he re- 
 quests it, from the county treasurer, a satisfaction 
 piece in writing, duly acknowledged before some 
 person authorized to take acknowledgments of the 
 satisfaction of judgments to be used in courts of 
 record. And upon the presentation of such satis- 
 faction piece to the county clerk, he is entitled to 
 have the same entered upon record; which by 
 operation of law discharges the collector's bond. 
 1R. S. 401; 4th ed. 728. 
 
 How to collect taxes of corporations.] The collector 
 must demand the taxes assessed against incorpo- 
 rated companies, from the president or other man- 
 aging officer of the corporation, and if not paid, he 
 proceeds in the same manner to collect as in other 
 
OP THE COLLECTOR. 165 
 
 cases, and is liable to the same penalties for omis- 
 sion of duty as in other cases. If he is unable to 
 collect such a tax, he must return the same to the 
 county treasurer, and make affidavit that he de- 
 manded the tax of the president or some managing 
 officer, and that the same was not paid ; or, that 
 he was unable to make such demand, if such/ 
 were the facts, and that such company had no 
 personal property from which he could levy such 
 tax. 1 R. S. 754, 4th ed. 
 
 Losses.] When losses are sustained by the de- 
 fault of the collector of the town, or ward, the 
 same are chargeable to the town or ward. 
 
 Collectors when to meet with assessors.] In those cases 
 where the board of supervisors have ordered a joint 
 meeting of the assessors and collectors, to correct 
 the irregular and imperfect descriptions of non-re- 
 sident lands, it becomes the duty of the collector 
 to meet with the assessors of his town, pursuant 
 to such order. The collector must there specify 
 to the assessors the several lots to be returned as 
 non-resident property, by reason of the non-pay- 
 ment of taxes. The assessors then arrange them, 
 correct any errors that may be found in the des- 
 criptions, and deliver the correct list to the collec- 
 tor, who returns the same to the county treasurer. 
 
 There are special and local provisions for the 
 assessment and collection of taxes in the county 
 of Kings, and in the cities of New- York, Albany, 
 Brooklyn, Troy, Rochester and Schenectady. It 
 would be impossible to insert those special and 
 local provisions without transcending the limits 
 prescribed for this work. 
 
166 OP THE COLLECTOK. 
 
 The special law on this subject relating to the 
 county of Kings, was passed in 1841; chap. 154 of 
 the laws of that year. Vide also 1 R. S. 757, 4th 
 ed. 
 
 For the provisions on this subject relating to the 
 city of New- York, vide Laws of 1850, chap. 121, p. 
 188. IR. S:4thed., 761.' 
 
 For Albany, vide Laws of 1850, chap. 86, p. 125. 
 1 R. S. 4th ed., 781. 
 
 For Troy, vide Laws of 1848, chap. 12. Laws of 
 1849, chap. 210, and 1 R. S. 4th ed. 
 
 For Rochester, vide Laws of 1850, chap. 262, p. 
 501. 1 .R. S. 4fA «*., 797. 
 
 For Brooklyn, vide Laws of 1850, Chap. 144, p. 
 242. 1 R. S. 4th ed., 799. 
 
 For Schenectady, vide Laws of 1851, chap. 37. 1 
 R. S. 4th ed., 807. 
 
 Military fines.] Any collector or receiver of taxes, 
 who neglects to pay over any military fines or 
 commutations received by him, is deemed guilty 
 of a misdemeanor. 
 
 The collector, in addition to the bond already 
 mentioned to be given by him, is required to give 
 a further bond, with sureties to be approved by the 
 supervisor of his town, for the faithful payment of 
 all moneys received by him, in pursuance of the 
 act relating to the militia and the public defence. 
 1 R. 8. 4th ed. 623. Laws of 1847, chap. 290* 
 
 To collect tax on dogs.] The collector having re- 
 ceived from the assessors the tax list upon dogs, 
 which the assessors are required annually to de- 
 
 * The laws of 1854, relatiDg to the militia, (see sec. 19 of that act) would 
 seem to supercede the necessity of thishond. 
 
OF THE OVERSEER OP THE POOR. 167 
 
 liver to him,' (see Chap. V, relating to assessors,) must 
 collect the sums of money therein specified, with- 
 in sixty days after the receipt of such list, in the 
 same manner, and with the like- authority as in 
 the collection of taxes imposed by the board of su- 
 pervisors of the county, and pay the proceeds to 
 the county treasurer, after deducting five per cent, 
 for his commission for collecting. His liabilities 
 are the same for a neglect of duty in this respect, 
 as in case of taxes levied by supervisors. 
 
 When the dog may be killed.] The dog thus taxed, 
 may be killed by any person, if the owner should 
 refuse or neglect to pay the tax imposed, within 
 five days after demand of such tax. 1 R. S. 704; 
 4th ed., vol. 2, 112. 
 
 CHAPTER VII. 
 
 OF THE OVERSEER OF THE POOR. 
 Section 1. How elected and his duty in relieving the poor. 
 
 2. Duty concerning beggars. 
 
 3. Duty concerning lunatics. 
 
 4. Duty to habitual drunkards. 
 
 5. Disorderly persons. 
 
 6. Support of bastards. 
 
 7. Duty in relation to binding out children. 
 
 8. Actions by and against overseers and the bodies 
 
 they represent. 
 
 9. Overseers duty relating to jugglers, disorderly 
 
 practices, enforcing penalties for betting, racing 
 of animals, &c. 
 10. Miscellaneous provisions. 
 
 Section 1. How elected, and his duty in relieving 
 
 THE POOR. 
 
 The electors in towns, determine at their annu- 
 al town meeting whether they will have one or two 
 
168 OP THE OVERSEER OF THE POOR. 
 
 overseers of the poor, and elect the number deter- 
 mined upon at such meeting. If fifteen days elapse 
 after a vacancy occurs in this office, and the electors 
 omit to supply such vacancy at a town meeting, 
 the same may be supplied by the justices of the 
 peace, by appointment. 18 Wend. 516. 
 
 He forfeits fifty dollars if he refuses to serve. 
 
 Oath of office.] Within ten days after notice of his 
 election or appointment, it is his duty to take the 
 constitutional oath, (see form No. 1) which must 
 be filed in the office of the town clerk. 
 
 Name being on poll list sufficient notice of election.] If 
 his name is on the poll list of the election, that is 
 to be deemed sufficient notice of his election. 
 
 Shall determine how paupers are to be maintained by 
 relatives.] The overseer of the poor, has the right to 
 determine the manner in which the father, moth- 
 er and children of any poor person who is blind, 
 old, lame, impotent or decripit, to such an extent 
 as to be wholly unable to support himself, shall 
 maintain such poor person, provided such relations 
 have the means to provide for such support. 1 R. 
 S. 613; 4th ed., vol. 2d, 7. 
 
 Natural relations only liable.] The statute compel- 
 ling parents and children being of sufficient abili- 
 ty to maintain each other, extends only to natural 
 relatives. The husband is not bound to maintain 
 the children of his wife by a former marriage, nor 
 is he bound' to maintain his wife's bastard chil- 
 dren. Town of Meriden v. Cox, 7 Cow. 235, also 4 
 Term Rep. 118. 1 Strange, 190. 16 John. 281. 
 
 Child must support grand parents.] A child is bound 
 
OP THE OVERSEER OP THE POOR. 169 
 
 to sup'port his maternal as well as his paternal 
 grand parents. 5 Cow. 284. 
 
 A parent is under no legal obligation to main- 
 tain his daughter's bastard. 5 Cow. 106. (For 
 form of application to compel a person to support a poor 
 relative, see Appendix, No. 38. Form of notice to ac- 
 company same, and affidavit of service, see Appendix, Nos. 
 39,40.) 
 
 Proceedings to compel relatives to support poor persons.] 
 Upon any failure of any such relative so to relieve 
 and maintain any such poor person, it is the duty 
 of the overseers of the poor of the town where 
 such poor person may be, to apply to the court of 
 sessions of the county where such relative may 
 dwell, for an order to compel such relief ; of which 
 application, at least fourteen days' notice, in wri- 
 ting, must be given, by serving the same person- 
 ally, or by leaving the same at the last place o 
 dwelling of the individual to whom the same may 
 be directed, in case of his absence therefrom, with 
 some person of mature age. 
 
 The court to which the said application may be 
 made, proceeds in a summary way to hear the 
 case, and makes such an order as is deemed just 
 and proper. 
 
 If any relative who shall have been required, by 
 such order, to relieve or maintain any poor per- 
 son, shall neglect to do so, in such manner as 
 shall be approved by the overseers of the poor of 
 the town where such poor person may be, and 
 shall neglect to pay to such overseers weekly the 
 sum prescribed by the court for the support of such 
 poor person, the said overseers may maintain an 
 22 
 
170 OP THE. OVERSEER OF THE POOR. 
 
 action, as for moneys had and received, against 
 such relative, and shall recover therein the sum so 
 prescribed by the said court for every week the 
 said order shall have been disobeyed, up to the 
 time of such recovery, with costs of suit, for the 
 use of the poor. 
 
 Proceedings in regard to absconding parent.] In order 
 to protect the town from loss, in the case of an 
 absconding - parent, it is provided by statute that, 
 whenever the father, or mother being a widow or 
 living separate from her husband, shall abscond 
 from their children, or a husband from his wife, 
 leaving any of them chargeable or likely to he- 
 come chargeable upon the public for their support, 
 the overseers of the poor of the town where such 
 wife or children may be, may apply to any two 
 justices of the peace of any county in which any 
 estate, real or personal, of the said father, mother, 
 or husband, may be situated, for a warrant to seize 
 the same. Upon due proof of the facts aforesaid, 
 the said justices shall issue their warrant, autho- 
 rizing the said overseers to take and seize the 
 goods, chattels, effects, things in action, and the 
 lands and tenements of the person so absconding. 
 
 By virtue of such warrant, the said overseers 
 may seize and take the said property, wherever 
 the same may be found, in the same county ; and 
 shall be vested with all the right and title to the 
 said property, which the person so absconding had, 
 at the time of his or her departure. All sales and 
 transfers of any personal property left in the coun- 
 ty from which such person absconded, made by 
 him, after the issuing of such warrant, whether in 
 
OF THE OVERSEER OF THE POOR. 171 
 
 payment of an antecedent debt, or for a new con- 
 sideration, shall be absolutely void. The over- 
 seers shall immediately make an inventory of the 
 property so seized by them, and return the same, 
 together with their proceedings, to the next court 
 of sessions of the county where such overseers re- 
 side, there to be filed. 
 
 The court, upon inquiring into the facts and cir- 
 cumstances of the case, confirm the warrant and 
 seizure, or discharge the same ; if confirmed, di- 
 rect what part of the personal property shall be sold, 
 and how much of the proceeds of such sale, and 
 of the rents and profits of the real estate, if any, 
 shall be applied towards the maintenance of the 
 wife or children of the person so absconding. 
 
 If the party against whom such warrant shall 
 issue, return and support the wife or children so 
 abandoned, or give security, satisfactory to any two 
 justices of the town, to the overseers of the poor 
 of the town, that the wife or children so abandon- 
 ed shall not become, or thereafter be chargeable 
 to the town or county, then such warrant shall be 
 discharged, by an order of such justices, and the 
 property taken by virtue thereof shall be restored 
 to such party. (Form of notice of property seized be- 
 longing to such absconding person, see Appendix, No. 41 . 
 Form of bond to be given to overseers of the poor under 
 this provision, see Appendix, No. 42.) 
 
 The overseers shall sell at public vendue the 
 property so ordered to be sold, and shall receive 
 the rents and profits of the real estate of the per- 
 son so absconding; and in those towns which are 
 required to support their own poor, the overseers 
 
172 OF THE OVERSEER OE THE POOR- 
 
 shall apply the same to the maintaining, bringing 
 up and providing for the wife, child or children so 
 left and abandoned, and for that purpose shall 
 draw on the county treasurer for the said proceeds, 
 as hereinafter directed. They shall account to the 
 court of sessions of the peace for all moneys so 
 received by them, and for the application thereof, 
 from time to time, and may be compelled by the 
 said court to render such account at any time. 1 
 R.S. 616; 4th ed., vol. 2d, 10. 
 
 In Downing v. Ruger, 21 Wend. 178, it was held, 
 that on an application for a warrant against a per- 
 son said to have absconded, leaving his wife or 
 children chargeable to the public, under this 
 statute, that the wife of such person is not a com- 
 petent witness to prove the fact ; but if a warrant 
 should be granted upon her testimony, the proceeding 
 is not void, but voidable only. It is a protection to 
 those acting under its authority. 
 
 One overseer may carry on suit.] One of two over- 
 seers of the poor, is authorized to institute and 
 carry on proceedings for the seizure of the proper- 
 ty of one who has absconded, leaving his wife or 
 child chargeable to the town ; yet the rule holds 
 good that when authority is conferred upon two, 
 nothing can be done without the consent of both; 
 but to prevent a failure of justice, or injury to the. 
 public, one may act without the other ; as if one 
 be dead, or interested, or absent. 
 
 Consent when presumed.] When one acts, the con- 
 sent of the other will be presumed upon the presump- 
 tion in favor of the performance of official duty ; 
 that is to say, that the other had been conferred 
 
OF THE OVERSEER 0]? THE POOR. 173 
 
 with and consulted as to the proceedings to be 
 had. 21 Wend. 178. 
 
 Moneys received by overseers how disposed of.] All mo- 
 neys collected by overseers of any town in a coun- 
 ty where the poor are all a county charge, from the 
 relatives of any poor person bound to contribute to 
 his support ; or from the sale of any personal pro- 
 perty, or the rents and profits of the real property, 
 of any person who absconds, leaving a wife and 
 children ; or received for any fines, penalties, or for- 
 feitures, which by law are directed to be applied 
 to the support of the poor; or collected on any 
 bond or other security that is given for the benefit 
 or indemnity of any toAvn, or of the overseers or 
 inhabitants of such town ; and all other moneys 
 received by such overseers in their official capa- 
 city, must be, by them, paid over within thirty 
 days after the receipt of the same, to the county 
 treasurer, for the benefit of the poor ; and if not so 
 paid, the same may be recovered in an action to 
 be brought by and in the name of the county treas- 
 urer, with interest at the rate of ten dollars on the 
 hundred, for a year, from the time the same should 
 have been paid. 
 
 In those counties where the supervisors deter- 
 mine to abolish the distinction between town poor 
 and county poor, and to have all the poor a coun- 
 ty charge, it is the duty of the clerk of the board of 
 supervisors immediately to serve notice of such de- 
 termination 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 must pay over all moneys which 
 
174 OP THE OVERSEER OF THE POOR. 
 
 shall remain in their hands, after discharging all 
 demands against them as such overseers, to the 
 county treasurer, to he applied hy him towards the 
 future taxes of such town. In case of neglect to 
 pay over such moneys, the county treasurer may 
 maintain an action therefor, in which he will 
 recover interest on the moneys withheld, from the 
 time they should have been paid over. 
 
 In those counties in which the distinction be- 
 tween county poor and town poor prevails, the ex- 
 cise money collected in any town, and all penal- 
 ties given by law to the overseers of the poor, when 
 received, must be applied to the use of the poor of 
 the town in which such money and penalties are 
 collected. 1 R. S. 619; 4th ed., 2d vol. 14. 
 
 It sometimes becomes necessary for the over- 
 seer to know at what precise point of time the dis- 
 tinction between town and county poor begins to 
 exist ; that point has been decided. In order to 
 abolish the distinction between town and county 
 poor in a particular county, a resolution to that ef- 
 fect must be passed by the board of supervisors, 
 and the same must be filed in, the county clerk's office. 
 
 Until such resolution has been filed in the clerk's 
 office, the distinction is not abolished, and an ap- 
 plication to the court for an order of maintenance, 
 must be made by the overseers of the poor of the 
 proper lown, and not by the superintendents of 
 the poor. Baldwin v. McArthur, 17 Barb. 414. 
 
 Settlement, how gained, and proceedings and deci- 
 sions relating thereto.] It is provided by the Re- 
 vised Statutes, part 1, chap. 20, title 1, that in 
 all the other counties of this State, except the 
 
OF THE OVERSEEK OF THE POOR. 175 
 
 counties of Warren, Washington, Saratoga and 
 Genesee, and those counties of which the board of 
 supervisors shall file the determination to abolish 
 the distinction between town and county poor, the 
 poor having a settlement in any town in such 
 county, shall be supported at the expense of such 
 town, and the poor not having such settlement 
 shall be supported by the county in which they 
 may be. 
 
 Every person of full age, who, after the law 
 takes effect, shall be a resident and inhabitant of 
 any town for one year, and the members of his 
 family who shall not have gained a separate set- 
 tlement, shall be deemed settled in such town : 
 
 1. If a female, by being married and living for 
 one year with her husband, in which case the hus- 
 band's settlement shall determine that of the wife. 
 
 2. If a male, by being married and residing for 
 one year separately from the family of his father. 
 
 3. By being bound as an apprentice, and serving- 
 one year by virtue of such indentures. 
 
 4. By being hired and actually serving for one 
 year for wages to be paid to such minor. A wo- 
 man of full age, by marrying, acquires the settle- 
 ment of her husband, if he have any. And until 
 a poor person gains a settlement in his own right, 
 his settlement is deemed that of his father or 
 mother; but no child born in any place used and 
 
 . occupied as a residence for the poor of any town, 
 city or county, gains any settlement merely by 
 reason of the place of such birth ; nor does any 
 child born while the mother is a county pauper, 
 
176 OF THE OVERSEER OP THE POOR. 
 
 gain any settlement by reason of the place of its 
 birth. 
 
 But no residence of any person as a pauper, in 
 the county poor-house, or place provided for the 
 support of the poor, or in any town while support- 
 ed at the expense of any other town or county, 
 operates to give such pauper a settlement in the 
 town where such actual residence may be had. 
 
 The settlement of the child follows that of the 
 father, if he has any; if not the settlement of the 
 mother. 2 Cow. 537. 6 Cow. 433. 
 
 If a woman having a settlement marries a man 
 who has none, she retains her maiden settlement, 
 arid may be removed to it. Otsego v. Smithfield, 6 
 Cow. 760. 
 
 Paupers coming directly from another State do 
 not gain a settlement here merely by a year's resi- 
 dence, 19 /. R. 56. 
 
 A man seised of land in right of his wife, gains 
 a settlement thereby. Overseers of Whitestown v. 
 Overseers of Constable, 14 /. R. 469. 
 
 Where a woman has a husband residing in the 
 State, and able, any settlement which she may 
 have had previous to her marriage is suspended, 
 and she cannot be removed to the place of her 
 former settlement, but only to the place of her 
 husband's last settlement or residence. Overseers 
 of Sherburne v. Overseers of Norwich, 16 /. R. 186. 
 
 The following authorities will aid in deciding 
 many of the numerous and perplexing questions 
 that arise relative to the settlement of paupers. 
 20 Johns. 282. Id. 451. 17 Johns. 41. 2 Cow. 537. 
 
OF THE OVERSEER OP THE POOR. 177 
 
 5 Cow. 527. 14 Johns. 87; 16 id. 188; 10 id. 229; 
 19 id. 238; 17 id. 41. 
 
 Paupers not to be removed, and how supported.] The 
 statute provides that no person shall be removed 
 as a pauper from any city or town to any other 
 city or town of the same or any other county, nor 
 from any county to any other county ; but every 
 poor person shall be supported in the town or 
 county where he may be, as follows : 
 
 1. If he hath gained a settlement in any town 
 in such county, he shall be maintained by such 
 town. 
 
 2. If he hath not gained a settlement in the 
 county in which he shall become poor, sick or in- 
 firm, he shall be supported and relieved by the 
 superintendents of the poor, at the expense of the 
 county. 
 
 3. If such person be in a county where the dis- 
 tinction between town and county poor is abolish- 
 ed, he shall, in like manner, be supported at the 
 expense of the county, and in both the cases afore- 
 said, proceedings for his relief shall be had as here- 
 inafter directed. 
 
 4. If such pauper be in a county where the re- 
 spective towns are liable to support their poor, and 
 hath gained a settlement in some other town of 
 the same county than that in which he may'then 
 be, he shall be supported at the expense of the 
 town where he may be, and the overseers shall 
 give notice in writing to the overseers of the town 
 to which such pauper shall belong, or to one of 
 them, requiring them to provide for the relief and 
 support of such pauper. (Form of notice from over- 
 
 23 
 
178 OF THE OVERSEER OP THE POOR. 
 
 seer of one town to overseer of another, see Appendix, No. 
 43.) 
 
 Proceedings to determine the settlement of paupers.] If 
 within ten days after the service of such notice, 
 the overseers to whom the same was directed do 
 not proceed to test the allegation of the settlement 
 of such pauper, hy giving the notice hereinafter 
 directed, they, their successors, and the town 
 which they represent, are forever precluded from 
 contesting or denying such settlement. They 
 may, within the time aforesaid, give notice in 
 writing to the overseers of the town where such 
 pauper may be, that they will appear before the 
 county superintendents, at a place and on a day 
 therein to be specified, which day must be at least 
 ten days and not more than thirty days from the 
 time of the service of such notice, to contest the 
 said alleged settlement. 
 
 The county superintendents convene whenever 
 required by any overseers, pursuant to such no- 
 tice, and proceed to hear and determine the con- 
 troversy, and may award costs not exceeding ten 
 dollars to the prevailing party, which may be re- 
 covered in any action before a court of competent 
 jurisdiction. The decision of the superintendents 
 is final and conclusive. 1 R. S. 622 ; Ath ed., 2d 
 vol., 16. (Form of notice under proceedings to determine 
 settlement of paupers, see Appendix, No. 44.) 
 
 Towns how compelled to support paupers.] The over- 
 seers of the poor of the town in which it may be 
 alleged any pauper has gained a settlement, may 
 at any time after receiving such notice requiring 
 them to provide for such pauper, take and receive 
 
OF THE OVERSEER OF THE POOR. 179 
 
 such pauper to their town and there support him. 
 If they omit to do so, or fail to obtain the decision 
 of the county superintendents, so as to exonerate 
 them from the maintenance of such pauper, the 
 charge of giving such notice, and the expenses of 
 maintaining such pauper, after being allowed by 
 the county superintendents, must be laid before 
 the board of supervisors at their annual meetings, 
 from year to year, as long as such expenses con- 
 tinue to be incurred ; and the supervisors must, 
 annually, add the amount of the said charges to 
 the tax to be laid upon the town to which the 
 pauper belongs, together with such sum in addi- 
 tion thereto as will pay the town, incurring such 
 expenses the lawful interest thereon, from the 
 time of expenditure to the time of repayment, 
 which sums must be assessed, levied and collect- 
 ed in the same manner as the other contingent 
 charges of such town. The said moneys, when 
 collected, are required to be paid to the county 
 treasurer and by him credited to the account of 
 the town which incurred the said expenses. 1 R. 
 S. 623 ; Ath ed. 2d vol., 17. 
 
 Proceedings to determine who are county paupers.] The 
 support of any pauper cannot be charged to the 
 county without the sanction of the superintendents. 
 If a pauper be. sent to the county poor-house, or 
 place provided for the poor, as a county pauper, 
 the superintendents in those counties where the 
 respective towns are required to support their own 
 poor must immediately inquire into the fact, and 
 if they are of opinion that such pauper has a legal 
 settlement in any town of the said county, they 
 
180 OF THE OVERSEER. OF THE POOK. 
 
 are required, within thirty days after such pauper 
 shall have been received, to give notice to the 
 overseers of the poor of the town to which such 
 pauper belongs, that the expenses of his support 
 will be charged to such town, unless the overseers, 
 within such time as the superintendents appoint, 
 not less than twenty days thereafter, show that 
 such town ought not to be so charged. And on 
 the application of the overseers, the superintend- 
 ents must re-examine the matter and take testi- 
 mony in relation thereto, and finally decide the 
 question, which decision is deemed conclusive. 
 
 Proceedings in counties where there are no poor houses.] 
 In those counties where no county poor house or 
 other place is provided, no person can be support- 
 ed as a county pauper without the direction of at 
 least one superintendent. In such cases the over- 
 seers of the poor of the town where such person 
 may be, are required immediately to give notice 
 to one of the superintendents, who must inquire 
 into the circumstances ; and if he is satisfied that 
 such pauper has not gained a legal settlement in 
 any town of the said county, he gives a certificate 
 to that effect, and that such pauper is chargeable 
 to the county. He must report every such case to 
 the board of superintendents at their next meeting, 
 who may affirm such certificate, or may annul the 
 same, on giving due notice to the overseers of the 
 poor of the town interested, and after hearing the 
 allegations and proofs in the premises. 
 
 If the superintendent to whom the overseers 
 may have given such notice, neglects or refuses to 
 give such certificate, the overseers may apply to 
 
OF THE OVERSEER OF THE POOR. 181 
 
 the board of county superintendents, who must 
 summarily hear and determine the matter; and 
 whose decision is conclusive. 
 
 The decisions of the board of county superin- 
 tendents, in relation to the settlement of any pau- 
 pers, or to their being a charge upon the county, 
 must be entered in books to be provided for that 
 purpose, and certified by the signatures of such of 
 the superintendents as make such decisions ; and 
 a duplicate thereof, certified in the same manner, 
 filed in the county clerk's office within thirty days 
 after the making of any such decision. Such 
 original duplicate, or a copy thereof duly certified, 
 is conclusive evidence of the facts therein contain- 
 ed. 1 R. S. 623 ; 4th ed., 2d vol., 18. (As to the de- 
 cisions relating to the powers of superintendents, see the 
 chapter on that subject.) 
 
 Relief to paupers in counties having poor houses.] 
 When any person applies for relief to any over- 
 seer of the poor, in any county where a poor house 
 is established, or other place provided for the re- 
 ception of the poor, such overseers, or any one of 
 them, must inquire into the state and circum- 
 stances of the applicant. If it appears that the 
 applicant is in such indigent circumstances, as to 
 require permanent relief and support, and can be 
 safely removed, the overseers, or any one of them, 
 may, by a written order, cause the poor person to 
 be removed to the county poor house, or to the 
 place provided as aforesaid, to be relieved and pro- 
 vided for as the necessities of such applicant may 
 require. If the county be one of those where the 
 respective towns are required to support their own 
 
182 OF THE OVERSEEB OF THE VOfiR. 
 
 poor, the overseer designates in such order of re- 
 moval whether the pauper be chargeable to the 
 county or not; and if no such designation be 
 made, such pauper will be deemed to belong to 
 the town whose overseers or overseer made such 
 order. (Form for order of removal, Appendix, No. 
 45.) 
 
 Proceedings in regard to relief of paupers who cannot 
 be removed to poor-house.] If it appear that the person 
 so applying requires only temporary relief, or is 
 sick, lame or otherwise disabled, so that he cannot 
 be conveniently removed to the county poor house 
 or to such place as has been provided by the coun- 
 ty superintendents, the overseers [or any one of 
 them] must apply to a justice of the peace of the 
 same town, who is required to examine into the 
 facts and circumstances, and in writing, order such 
 sum to be expended for the temporary relief of such 
 poor person as . the circumstances of the case re- 
 quire ; which order entitles the oversCer to receive 
 any sum he may have paid out or contracted to 
 pay, within the amount therein specified from the 
 county treasurer, to be by him charged to the coun- 
 ty, if such person be a county charge ; if not, to 
 be charged to the town where such relief was af- 
 forded; but no greater sum than ten dollars maybe 
 expended or paid for the relief of any one poor per- 
 son, or one family, without the sanction in writing 
 of one of the superintendents of the poor of the 
 county, which must be presented to the county 
 treasurer, with the order of the justice. The over- 
 seers have discretionary right to expend a sum not 
 exceeding ten dollars for the relief of one poor per- 
 
OF THE OVERSEER OF THE POOR. 183 
 
 son or family, under section forty-two, title first, 
 chapter twenty, first part of the Revised Statutes, 
 without any order from a justice of the peace there- 
 for. 
 
 Neglect to give relief, consequences of.] When appli- 
 cation is made to the overseer for relief, if he omits 
 to apply to a justice of the peace according to the 
 provisions of the statute last above mentioned, he 
 may be put in motion by mandamus at the instance 
 of the pauper, Minklaer v. Rockfeller, 6 Cow. 276 ; 
 and if the pauper should seek to proceed by action, 
 the suit would have to be brought in the name of 
 the pauper, and not in the name of any person who 
 may have given the pauper temporary relief. Id. 
 
 Relieving paupers in counties not having poor houses.] 
 If application for relief be made in any of those 
 counties where no county poor house or other place 
 has been provided, as aforesaid, for the reception 
 of the poor, the overseers, with the assistance of 
 some justice of the peace of the same town, in- 
 quire into the facts and circumstances of the case, 
 and make an order in writing for such allowance, 
 weekly or otherwise, as the justice and one of the 
 overseers may think required by the necessities of 
 such poor person. 
 
 If such pauper have a legal settlement in the 
 town where such application is made, or in any 
 other town of the same county, the overseers must 
 apply the moneys so allowed to the relief and sup- 
 port of such pauper ; the moneys paid by them, or 
 contracted to be paid pursuant to such order, may 
 be drawn by them from the county treasurer, on 
 
184 OF THE OVERSEER OF THE POOR. 
 
 producing the order, out of the funds in his hands 
 belonging to such town. 
 
 If such pauper has no legal settlement in the 
 same county, the overseers must immediately give 
 the notice hereinbefore directed to one of the coun- 
 ty superintendents j and until the county superin- 
 tendents take the charge of the support of such 
 pauper, the overseers must provide for his relief 
 and support, and the expense thereof, from the 
 time of giving such notice to a county superin- 
 tendent, must be paid to the overseers by the 
 county treasurer, on the production of such order 
 and of proof by affidavit of the time of the giving 
 such notice, and be by him charged to the county. 
 {Form of order for relief when there is no poor house or 
 other place for reception of poor, see Appendix, No. 46. 
 Form of notice to superintendent, Appendix, No. 47.) 
 
 County paupers in counties having no poor houses, how 
 supported.] When the county superintendents take 
 charge of a county pauper in those counties where 
 no poor house is provided, they may authorize the 
 overseers of the town where the pauper may be, 
 to continue to support him on such terms as they 
 may see fit to prescribe ; and thereafter, no mon- 
 eys are to be paid to the overseers for the support 
 of such pauper, without the order of the superin- 
 tendents. 
 
 Accounts with county treasurer.] In those counties 
 where the respective towns are required to support 
 their own poor, the county treasurers are required 
 to open and keep an account with each town, in 
 which they must credit the town with all mon- 
 eys received from it, or its officers, and charge the 
 
OP THE OVERSEER OF THE POOR. 185 
 
 town with the moneys paid for the support of its 
 poor. 
 
 Accounts by superintendents.] In those counties in 
 which a poor house is established, or a place pro- 
 vided, by the superintendents, for the reception of 
 the poor, and in which the several towns shall be 
 liable for the support of their' poor respectively, it 
 is the duty of the superintendents, annually, and 
 during the week preceding the annual meeting of 
 the board of supervisors, to make out a statement 
 of all the expenses incurred by them the preceding 
 year, and of the moneys received, and exhibiting 
 the deficiency, if any, in the funds provided for 
 the defraying such expenses ; and they must ap- 
 portion the deficiency among the several towns in 
 proportion to the number and expenses of the pau- 
 pers belonging to the towns, respectively, who 
 shall have been provided for by the superintend- 
 ents, and shall charge the towns with the propor- 
 tions ; which statement must be by them deliver- 
 ed to the county treasurer, as before directed. 
 
 Accounts of overseers in certain counties; how audited 
 and settled.] In those counties where there are no 
 county poor houses established, it is the duty of 
 overseers to enter in books to be provided at the 
 expense of their towns, an account of all matters 
 transacted by them relating to their official duties ; 
 of all moneys received by them, from whom, and 
 on what account; of all moneys disbursed by 
 them, to whom, and by what authority, specifying 
 in each case, whether to town poor, or county 
 poor ; the names of all persons applying for relief, 
 and ordered to be relieved, the day and year when 
 24 
 
186 OF THE OVERSEER OP THE POOR. 
 
 relieved, the weekly, or other sums of money al- 
 lowed for that purpose, and the cause of giving 
 such relief. {Form for keeping such accounts, Appen- 
 dix, No. 47, A.) 
 
 Accounts how audited and settled.'] On the Tuesday- 
 next preceding the annual town meeting of every 
 town, the overseers must lay such original hooks 
 before the board of town auditors, together with a 
 just and true account of all moneys by them re- 
 ceived and expended for the use of the poor, and 
 in what manner, together with an account of the 
 earnings of the poor persons by them employed; 
 which account must be verified by the oaths of 
 the overseers, and filed with the town clerk. The 
 board of town auditors compare the account with 
 the entries in the poor books, examine the vouch- 
 ers in support thereof, and audit and settle the 
 same, and state the balance due from such over- 
 seers, or to them, as the case may be. No credit 
 is to be allowed to any overseer for moneys paid, 
 unless it appears that such payment was made 
 pursuant to a legal order. 
 
 Penalty.'] Every person who, having been an 
 overseer of the poor, refuses or neglects to present 
 such original books, or to exhibit such accounts 
 to the board of town auditors, forfeits the sum of 
 two hundred and fifty dollars. 
 
 Accounts and estimates to be presented at town meeting] 
 In those counties where the respective towns are 
 made liable for the support of their poor, it is made 
 the duty of the town clerk to exhibit, at the annual 
 town meetings, the accounts for the support of the 
 poor therein the preceding year, as the same shall 
 
OF THE OVERSEER OJP THE POOR. 187 
 
 have been allowed and passed by the board of 
 town auditors ; and the overseers must also pre- 
 sent an estimate of the sum which they shall 
 deem necessary to supply any deficiency of the 
 preceding year, and to provide for the support of 
 the poor for the ensuing year. 
 
 Expenses of supporting town poor, how defrayed.] 
 The town by vote determines the sum of money 
 which shall be assessed upon the same the ensu- 
 ing year for the purposes above mentioned. The 
 sum so voted, when raised and collected in those 
 counties where a county poor house or other place 
 has been provided for the reception of the poor, 
 must be paid to the county treasurer, and by him 
 placed to the credit of the town. In all other coiin- 
 ties, the sum so voted by any town must be paid 
 to the overseers of the poor thereof. 
 
 Overseers in the cities of Albany, Hudson, Troy, Os- 
 wego, $-c] The overseers in the cities of Albany, 
 Hudson, Troy, Oswego and Schenectady, must 
 render their accounts to the common councils of 
 those cities respectively, from time to time, as shall 
 be required. Such cities as are liable for the sup- 
 port of their own poor, must yearly determine the 
 amount to be raised for the support of their poor 
 for the ensuing year, and lay the amount before 
 the board of supervisors of the county, that the 
 same may be assessed, levied and collected, and 
 paid to the county treasurer. Laws of 1853, chap. 
 70. 
 
 : Compensation to overseers, #-c] The accounts of 
 overseers and of justices of the peace, for any per^ 
 sonal or official services rendered by them, in rela- 
 
188 OF THE OVERSEER OF THE POOR. 
 
 tion to the poor, must be audited and settled by 
 the board of supervisors, and the sums thus audit- 
 ed and allowed paid by the county treasurer; and 
 if such services were rendered in behalf of any 
 town liable to support its own poor, the same 
 charged to such town. No allowance for time or 
 services can be made to any officer for attending 
 any board with any accounts for the purpose of 
 having the same audited or paid. 
 
 Accounts for county paupers, how settled.] All ac- 
 counts of overseers, justices of the peace, and all 
 other persons, for services relating to the support, 
 relief or transportation of county paupers, must be 
 audited and settled by the superintendents of the 
 poor, who may draw on the county treasurer for 
 the amount audited. Laws of 1832, chap. 26. The 
 course for the overseers to pursue under this pro- 
 vision, where they employ physicians and others 
 to render service for county paupers, or incur oth- 
 er expenses in the line of their duty, is to charge 
 such expenses in the bill which they render to the 
 superintendents, and present the same as a part of 
 their own account. 
 
 The superintendents are not obliged to audit the 
 accounts which physicians and others may have 
 for such services. Such persons should present 
 the same to the overseers for adjustment, unless 
 the superintendents themselves incur the expense. 
 Ex parte Green $• Brown, 4 Hill, 558. And in those 
 cases where they do obtain services relating to the 
 support of such paupers, an action cannot be main- 
 tained against the superintendent for refusing to 
 audit an account. They act in a judicial capaci- 
 
0E THE OVERSEER OP THE POOR. 189 
 
 ty in that respect. Vedder v. Supts. of Schenectady, 
 5 Denio, 564. The only way to correct an error on 
 the part of such boards, is by certiorari. 1 Hill, 
 195. 3 Denio, 117. 2 Hill, 9. 
 
 Penalty for removing paupers.] It is provided that 
 any person who shall send, carry, remove or bring, 
 or who shall cause to be sent, brought or removed, 
 any poor or indigent person "from any city, town 
 or county, to any other city, town or county, with- 
 out legal authority, and there leave such poor per- 
 son, with intent to make such city, town or coun- 
 ty, to which the removal shall be made, charge- 
 able with the support of such pauper, or who shall 
 entice any such poor person so to remove, with 
 such intent, shall forfeit fifty dollars, to be recover- 
 ed by and in the name of the overseers of the poor 
 of the town to which such pauper shall be brought 
 or removed, or in the name of the superintendents 
 of the poor of the county into which the said poor 
 person shall be removed ; and shall, moreover, be 
 deemed guilty of a misdemeanor, and, on convic- 
 tion, be imprisoned not exceeding six months, or 
 fined not exceeding one hundred dollars, or both, 
 in the discretion of the court. R. S. 4th ed., vol. 
 2d, 22. 
 
 But this intent must be fraudulent — intent to 
 charge one town, or exonerate another. Thomas 
 v. Ross, 8 Wend. 672. 
 
 It would be no defence to an action for this 
 penalty, to show that the pauper formerly had a 
 legal settlement in the place to which he was 
 brought, and had not subsequently gained one 
 elsewhere ; nor would it be a defence to show 
 
190 Off THE OVERSEER OP THE POOR. 
 
 that the defendant acted in the removal as a pub- 
 lic officer of another State, in conformity with the 
 laws thereof. Winfield v. Mapes, 4th Denio, 571. 
 
 Proceedings to compel support of a removed pauper.] 
 The pauper so removed, must be maintained by 
 the county superintendents of the county where he 
 may be. They may give notice to either of the 
 overseers of the poor of the town from which he 
 was brought or enticed, if such town be liable for 
 his support ; and if there be no town in the coun- 
 ty from which he was brought or enticed, liable 
 for his support, then to either of the county super- 
 intendents of the poor of such county, informing 
 them of such improper removal, and requiring 
 them forthwith to take charge of such pauper. 1 
 R. S., 628 ; 4th ed., vol. 2d, 22. 24 Wend. 339. 
 
 Liability how contested.] Within thirty days after 
 the service of the notice above mentioned, the 
 overseers, or the superintendents, must remove the 
 pauper so brought or enticed to their town or 
 county, and pay the expense of the notice, and of 
 the support of the pauper; or they must within 
 the same time, notify in writing, the county su- 
 perintendents from whom such notice was re- 
 ceived, or one of them, that they deny the allega-- 
 tion of enticing or removal, and that they deny 
 the liability of their town. 
 
 A neglect to remove such pauper or to notify 
 such denial within the thirty days, on the part of 
 the superintendents and overseers respectively, 
 whose duty it was so to do, is deemed an acquies- 
 cence in the allegations contained in the first no- 
 tice, and their towns and successors in office are 
 
OF THE OVERSEER OP THE POOR. 191 
 
 forever precluded from contesting the same, and 
 become liable for the expenses of the support of 
 such pauper. Suits may be commenced for such 
 expenses. (See the chapter upon the duties of the 
 superintendents of the poor.) 
 
 Penalty for bringing paupers from without the State.] 
 The penalty of fifty dollars attaches to any person 
 who may bring a pauper from without this State, 
 into any county or town, with intent to make such 
 county or town chargeable. An action for such 
 penalty may be maintained either by the super- 
 intendents or overseers of the town or county 
 where the same occurs; and the court before 
 whom such a matter is tried, may require secu- 
 rity of the offender, that he will within a reason- 
 able time, to be named by the court, transport 
 such pauper out of the State, or indemnify the town 
 or county for all charges and expenses, and for de- 
 fault may commit him to jail for three months. 
 Laws of 1831, chap. 277. 
 
 Overseers to prosecute diligently for penalties.] When- 
 ever it appears to the satisfaction of any overseer, 
 either upon complaint or otherwise, that a penal- 
 ty has been incurred by the violation of any pro- 
 visions contained in the statutes of this State, 
 which such overseer is directed by law to collect, 
 it shall be his duty immediately to commence a 
 suit for such penalty, and to prosecute the same 
 diligently to effect. 
 
 In auditing their accounts, the town auditors 
 are required to allow them for all costs to which 
 they may have been subjected, or which may- 
 have been recovered against them in suits brought 
 
192 OF THE OVERSEER OF THE POOR. 
 
 by them, and the sum of one dollar per day for 
 attending such suits. Such allowances may be 
 credited to them, in their accounts for moneys 
 collected for penalties, and may be deducted from 
 such moneys, and the balance paid to their suc- 
 cessors, or the county treasurer. 
 
 Poor moneys invested.] Where a town has money- 
 raised for the support of the poor invested in the 
 name of the overseers, they continue to have the 
 control of the same, and should apply the inter- 
 est to the support of the poor of their town, so 
 long as the town remains liable to support its own 
 poor, but when relieved from such liability by a 
 vote of the supervisors of the county, the moneys 
 so invested should be applied to the payment of 
 such taxes upon the town as the inhabitants at 
 their annual town meeting determine. 
 
 Where overseers to receive poor moneys.] In those 
 counties where there is no county poor house or 
 other place provided for the reception of the poor, 
 the moneys raised and collected in the several 
 towns, for the support of the poor, must be receiv- 
 ed and disbursed by the overseers of the poor in 
 such towns respectively. 
 
 Section 2. Overseer's duty concerning beggars. 
 
 Whenever any child shall be found begging for 
 alms, or soliciting charity from door to door, or in 
 any street, highway or public place, it becomes the 
 duty of any justice of the peace, on complaint and 
 proof, to commit such child to the county poor 
 house, or to such other place as may be provided 
 for the support of the poor; there to be detained 
 
OP THE OVERSEER OF THE POOR. 193 
 
 and instructed in useful labor until discharged by 
 the county superintendent, or bound out as an ap- 
 prentice by them, or the commissioners of the alms 
 house, or the overseers of the poor. 1 R. S. 633 ; 4th 
 ed., 2d vol., 35.) 
 
 The overseers have the same power to consent 
 that such child may bind himself as an apprentice 
 that the superintendent has. 
 
 Section 3. Duty concerning lunatics. 
 
 Title third of chapter 20, of part 1 of the Revised 
 Statutes relates to the care of lunatics, and the 
 duties of overseers and others in relation thereto. 
 The overseers have the same remedies to compel 
 the relatives of a lunatic or mad person, to confine 
 and maintain such person, and to collect the costs 
 and charges of such confinement, as are given in 
 the case of poor and indigent persons becoming 
 chargeable to any town. 
 
 When the lunatic is destitute of means, and his 
 relatives undertake to provide for his confinement 
 and support, it must be done subject to the appro- 
 val of the overseers of the town." 
 
 How secured.] In case of neglect on the part of 
 the committee or the relatives of a lunatic, to con- 
 fine and maintain him, or when they have not the 
 ability so to do, it is the duty of the -overseers to 
 apply to any two justices of the peace of the city 
 or town, who upon being satisfied after examina- 
 tion that it is dangerous to permit such lunatic to 
 go at large, must issue their warrant for his appre- 
 hension. 
 
 Lunatic to be sent to asylum.] The overseers should 
 
 provide a secure place for his temporary confine- 
 
 25 
 
194 OF THE OVERSEER OF THE POOR. 
 
 merit, and within ten days the lunatic must be sent 
 to the State Lunatic Asylum, or to such public 
 or private asylum as may be approved by a stand- 
 ing order of the supervisors of the county. The 
 provision allowing a longer confinement than ten 
 days has been repealed. 
 
 By a recent statute, the overseers are specially 
 enjoined to perform their duty in this regard in the 
 most humane and speedy manner. Laws of 1842, 
 chap. 135, sec. 20. 
 
 Penalty for unlawfully confining lunatics.'] An over- 
 seer is deemed guilty of a misdemeanor, and is 
 liable to a fine of two hundred and fifty dollars 
 and one year's imprisonment, for confining a luna- 
 tic in any manner, or in any place not prescribed 
 by law. 1 R. S. 625 ; 4th ed., 2d vol., 38, 
 
 May compel committee to support lunatic] The over- 
 seers may compel the committee of a lunatic to conv 
 fine and support him and collect the expense of 
 the same, in the same manner that they are au- 
 thorized to compel the relatives of such lunatic to 
 confine and maintain him. 
 
 Appeal may be taken from the order of the justice or 
 overseer.] Any lunatic confined under the provi- 
 sions before mentioned, or any friend in his be- 
 half, may appeal within three days after the deci- 
 sion of the justices, or the overseers, or the super- 
 intendent in regard to his case, to the county judge 
 of the county, which appeal stays his being sent 
 Out of the county until a jury can decide upon the 
 question of his lunacy. The proceedings on such 
 appeal are pointed out by chapter 135, of the Lawsof 
 1842 ; and see also amendments, Laws of 1851, 
 
OF THE OVERSEER OP THE POOR. 195 
 
 chap. 445, sec. 33; also, Laws of 1850, chap. 282; 
 also, Laws o/1851, chap. 446. 
 
 The several steps in regard to the admission of 
 indigent lunatics, as well as those who are not, 
 into the lunatic asylum, are pointed out in the se- 
 veral laws last above cited. 
 
 Section 4. Duty concerning drunkards. 
 
 Drunkards.] When the overseers discover any 
 person to be an habitual drunkard, it becomes 
 their duty by writing to designate and describe 
 such drunkard, and, by a written notice signed by 
 them, require every merchant, distiller, shop keep- 
 er, grocer, tavern keeper, or other dealer in spiritu- 
 ous liquors, and every other person residing within 
 the town or the city, or town adjoining, not to 
 give or sell under any pretence, any spirituous 
 liquors to such drunkard. 1. R. S. 636; 4th ed.,' 
 2d vol., 51 ; also Laws of 1840, chap. 229. (Form of 
 notice, Appendix, No. 50.) 
 
 Penalty for disregarding notice.] If, after the per- 
 sonal service of such notice, any of the class of 
 persons above described, or any clerk, agent, or 
 member of the family of such person, so served 
 with notice, shall knowingly give or sell, in any 
 manner, spirituous liquors to any such drunkard, 
 except by the personal direction, or on the written 
 certificate of some physician regularly licensed ,to 
 practice according to law, stating that such liquor 
 is necessary for the preservation or recovery of the 
 health of such drunkard, the person so offending 
 forfeits for every offence the sum of ten dollars. 
 Id. 
 
 For selling to the minor, apprentice or servant, 
 
196 Or THE OVERSEER OF THE POOR. 
 
 of any parent or guardian who has been designated 
 by the overseers as an habitual drunkard, without 
 the consent of the overseers, the party offending for- 
 feits the sum of five dollars. Laws of 1840, chap. 
 229. 
 
 Charge of drunkenness, how contested.] Any person 
 so designated by the overseers of the poor as an 
 habitual drunkard, may apply to any justice of the 
 peace of the city or town in which the person so 
 designated resides, for process to summon a jury 
 to try and determine such fact of drunkenness. 
 
 Proceedings, venire, $-c] On such application, the 
 justice must immediately give notice, in writing, 
 to the overseers, specifying the time and place 
 where the parties shall meet for the trial of such 
 fact, and must issue a venire to any constable to 
 summon a jury of twelve persons, competent to 
 serve on juries, to appear at the said time and place 
 for the purpose of trying the fact. 
 
 Such jury must be summoned, returned, and 
 six of them balloted for by the justice, and be 
 sworn well and truly to try the fact of the alleged 
 drunkenness, in the same manner as for the trial 
 of issues in suits brought before a justice of the 
 peace; and witnesses shall be summoned, and 
 their attendance and testimony enforced ; and they 
 must be sworn and examined before the jury in 
 like manner. 
 
 The jury hear the allegations and proofs offered 
 on both sides, and proceed in all respects as in 
 trials at law to render their verdict ; which verdict 
 must be entered by the justice in a book, to be by 
 him provided for that purpose. 
 
OF THE OVERSEER OF THE POOR. 197 
 
 Effect of verdict.] The verdict, or an attested copy- 
 thereof, under the hand of such justice, will he re- 
 ceived and deemed to be presumptive evidence of 
 the fact thereby found, in any action between the 
 overseers of the poor and any person prosecuted 
 by them for the penalty hereinbefore mentioned . 
 
 Costs.] If by the verdict of the jury it shall be 
 found that the person demanding such trial is an 
 habitual .drunkard, the justice enters judgment 
 against such person and awards execution for the 
 costs of the overseers in attending the trial, in the 
 same manner as in suits between individuals, which 
 justices of the peace are authorized to try and de- 
 termine. 
 
 If it be found that such person is not an habitu- 
 al drunkard, the justice in like manner enters judg- 
 ment and awards execution for the costs of such 
 person, against the overseers, unless it appears to 
 such justice that the overseers acted in good faith, 
 and had reasonable cause to believe such person 
 an habitual drunkard ; in which case no costs can 
 be awarded against them, but each party pays his 
 own costs. • 
 
 How paid for services, and when to revoke notice.] 
 The accounts of the overseers for the expense of 
 defending against any such application, are to be 
 audited and allowed in the same manner as the 
 other expenses of such city or town. 
 
 If at any time the overseers become satisfied that 
 such drunkard has reformed and become tempe- 
 rate, they may revoke and annul any such notice 
 given by them or any of their predecessors in of- 
 fice. (Form of revocation, Appendix, No. 51.) 
 
198 OF THE OVERSEER OF THE POOR. 
 
 Section 5. Duty relating to disorderly persons. 
 
 The only duty devolved upon the overseer under 
 title 5, of chapter 20, of part 1 'of the Revised Stat- 
 utes, entitled " of disorderly persons," is to prose- 
 cute for the breach of any recognizance given by- 
 such persons for good behavior. Suits may be in- 
 stituted on such recognizances, by the overseer or 
 county superintendent of the poor, or a justice of 
 the peace. 1 R. S. 639; 4th ed., 2d vol., 54. For 
 the statutory definition of a disorderly person, and 
 the adjudications under the statute : See 1 R. S. 
 638, and Duffy v. The People, 1 Hill, 355. See also, 
 6 Hill, 75; 3 Denio, 103; 8 Cow. 139; 5 Barb. 205; 
 23 Wend. 48 ; 4 Barb. 31. 
 
 The recognizance given by a disorderly person 
 as security for good behavior, is not a record, but 
 remains with the magistrate ; and in a suit by the 
 overseer, against the surety, it need not be averred 
 in express terms that an action accrued against 
 him. The People v. Mitchell, 1 Sanford, 191. 
 
 Maine law.] The overseer is required by section 
 14, of chapter 231 of the Laws of 1855, whenever 
 he has any knowledge or information that any 
 offence has been committed under any provision 
 of that act, to make complaint or cause com- 
 plaint to be made for such offence, and to prose- 
 cute such complaint. 
 
 Section 6. Of the support of bastards. 
 
 The act relating to the support of bastards, goes 
 so much into detail as to the mode of procedure 
 under its provisions, and its execution is attended 
 
OF THE OVERSEER OF THE POOE. 199 
 
 with so much litigation, that it has been deemed 
 desirable to insert many sections of the statute 
 without abbreviation. 
 
 Who are bastards.] "§ 1. Every child shall be 
 deemed a bastard within the meaning of this title, 
 who shall be begotten and born : 
 
 1. Out of lawful matrimony. 
 
 2. While the husband of its mother continued 
 absent out of this State, for one whole year previ- 
 ous to such birth, separate from its mother, and 
 leaving her during that time continuing and resi- 
 ding in this State. 
 
 3. During the separation of its mother from her 
 husband, pursuant to a decree of any court of com- 
 petent authority." 
 
 Though the law is not so strict as to require 
 that the child should be begotten, it makes it an in- 
 dispensable condition to render it legitimate, that 
 it should be born after lawful wedlock. 2 Kent's 
 Com., 208 ; 4 id., 413. 
 
 How supported.] "§ 2. The reputed father and 
 the mother of every bastard shall be liable for its 
 support; in their default or inability, it shall be 
 supported by the county or town in which it shall 
 be born, as hereinafter provided." 
 
 Removal of mother prohibited, how supported if remov- 
 ed.] "§ 3. If the mother of any bastard, or of any 
 child likely to be born a bastard, shall be remov- 
 ed or clandestinely brought, or enticed to remove, 
 into any county, from any other county of this 
 State, for the purpose of avoiding the charge of 
 such bastard or child upon the county or any town 
 from which she shall have been so brought or en- 
 
200 OP THE OVERSEER OP THE POOR. 
 
 ticed to remove, the same penalties shall he im- 
 posed on every person so hringing, removing or 
 enticing such mother to remove, as are provided 
 in the case of the clandestine or fraudulent remo- 
 val of a pauper. Such mother, if unable to sup- 
 port herself, shall be supported during her con- 
 finement and recovery" therefrom, and her child 
 shall be supported, by the county superintendents 
 of the poor of the county where she shall be, if 
 no provision be made by the father of such, child." 
 
 Proceedings to compel support of mother and child in 
 proper county.} " § 4. Such mother and her child 
 shall in all respects be deemed paupers ; and the 
 same proceedings may be had by the county su- 
 perintendents to charge the town or county from 
 which she was removed or enticed, for the ex- 
 pense of supporting her and her child, as are pro- 1 
 vided in the case of paupers fraudulently or clan- 
 destinely removed ; and an action may be main- 
 tained in the same manner for the said expenses, 
 and for all expenses properly incurred in securing 
 the father of such child, or in seeking to compel 
 its support by such father or its mother." 
 
 When the overseers should apply to magistrate.] " § 5. If 
 any woman shall be delivered of a bastard child, 
 which shall be chargeable or likely to become 
 chargeable to any county, city or town ; or shall 
 be pregnant of a child likely to be born a bastard, 
 and to become chargeable to any county, city or 
 town ; the superintendents of the poor of the coun- 
 ty or any of them, or the overseers of the poor of 
 the town or city, or any of them, where such wo- 
 man shall be, shall apply to some justice of the 
 
OF THE OVERSEER OF THE POOR. 201 
 
 peace of the same county to make inquiry into the 
 facts and circumstances of the case." (Form of 
 application, Appendix, No. 52.) 
 
 The overseers or one of them, should appear in 
 person before the justice to make the complaint. 
 Wallsworth v. McCullough, 10 /. R. 93. 
 
 Proceedings of justice on the complaint.] " § 6. Such 
 justice shall, by examination of such woman on 
 oath, and upon such other testimony as may be 
 offered, ascertain the father of such bastard, or of 
 such child likely to be born a bastard ; and shall 
 thereupon issue his warrant, directed to any con- 
 stable of the county, commanding him forthwith 
 to apprehend such reputed father, and to bring him 
 before such justice, for the purpose of having an 
 adjudication respecting the filiation of such bas- 
 tard, or of such child likely to be born a bastard." 
 " Proceedings against father out of the county.] "§7. If 
 the person charged as such reputed father shall 
 be or reside in any other county of the state than 
 that in which such warrant issued, the justice is- 
 suing the same shall, in writing thereon, direct 
 the sum in which any bond shall be taken of the 
 person so charged ; and it shall be the duty of the 
 constable, or other proper officer having the same, 
 to carry it to some justice of the city or county 
 wherein such person resides, or can be found. 
 The justice to whom the same shall be presented, 
 on proof being made to him of the handwriting of 
 the justice who issued such warrant, shall endorse 
 his name thereon, with an authority to arrest such 
 person in the county where the justice so endor- 
 sing shall reside ; which shall be a sufficient au- 
 26 
 
202 OF THE OVERSEER OF THE POOR. 
 
 thority to the person bringing such warrant, and 
 to all others to whom it was originally directed, 
 to execute the same in the county where it was 
 endorsed." 
 
 Justice to take bond to indemnify or appear at sessions.] 
 "§8. Upon the person so charged being appre- 
 hended, he shall be carried before the justice who 
 endorsed the said warrant, or some other justice 
 of the same county, who may take from such 
 person a bond to the people of this State, with 
 good and sufficient sureties in the sum so directed 
 on the said warrant, with condition to indemnify 
 the county and town, or city where the said bas- 
 tard shall have been born, or where the woman 
 likely to have such bastard shall be, and every 
 other county, town or city which may have in- 
 curred any expense or may be put to any expense 
 for the support of such child, or of its mother dur- 
 ing her confinement and recovery therefrom, 
 against all such expenses, and to pay the costs of 
 apprehending such father, and any order of filia- 
 tion that may be made ; or such justice may take 
 from the person so charged and apprehended, a 
 bond as aforesaid, in the sum 'directed on the said 
 warrant, with good and sufficient sureties, condi- 
 tioned that such person will appear at the next 
 court of sessions to be holden in the county where 
 such warrant was originally issued, and not depart 
 the said court without its leave." 
 
 Care should be observed in drawing the bond 
 under the above section. Should the justice in- 
 sert any condition in the bond in addition to the 
 provisions required, by law, the bond would be 
 
OF THE OVERSEER OS 1 THE POOR. 203 
 
 void in toto. The People v. Meighan, 1 Hill, 298. 
 See also, 5 Hill, 647. (Form of bond on arrest under 
 sec. 8, Appendix, No. 64. Form of subpana for wit- 
 ness, No. 65, Appendix.) 
 
 How to proceed when bond is executed.] Upon the exe- 
 cution of a bond with either of the conditions above 
 mentioned, it becomes the duty of the justice to 
 discharge the' person from arrest, and endorse up- 
 on the warrant a certificate to that effect. He de- 
 livers the warrant with the bond, to the constable 
 who brought such warrant, who must deliver the 
 same to the justice who granted it, whose duty it 
 is to proceed in the same manner as if such bond 
 had been taken by him. 
 
 How, when not executed.] "§10. If the person so 
 charged and apprehended shall not execute the 
 bond so required, with one or other of the condi- 
 tions aforesaid, to the satisfaction of the justice 
 before whom, he shall be brought, then the con- 
 stable or other proper officer having such warrant, 
 shall take the person so apprehended before the 
 justice who originally issued such warrant." 
 
 Proceedings before the justices.] "§ 11. Upon the per- 
 son so charged with being the father of such bas- 
 tard, or of such child likely to be born a bastard, 
 being brought before the justice who issued the 
 warrant for his apprehension, whether he was ar- 
 rested in the same or in any other county, the said 
 justice shall immediately call to his aid any other 
 justice of the same county ; and the said, two 
 justices shall proceed, without unnecessary delay, 
 to make examination of the matter, and shall again 
 examine the mother of such bastard, or the wo- 
 
204 OF THE OVERSEER OF THE POOR. 
 
 man so pregnant as aforesaid, on oath, in the pre- 
 sence of the person so charged or apprehended, 
 touching the father of such child, and shall hear any 
 proofs that may be offered in relation thereto ; and 
 on the application of the person so charged, or of 
 the persons appearing in behalf of the public, 
 either of the said justices shall issue a subpoena to 
 compel the attendance of witnesses' before them, 
 which may be enforced, and the witnesses may 
 be compelled to appear and testify, in the same 
 manner as in any civil cause, before a justice of 
 the peace." 
 
 The hearing may be adjourned not exceeding six 
 weeks. The justices must take a bond for the 
 appearance of the accused, in such a penalty as 
 shall be deemed a full indemnity to the town. 
 {Form of bond on adjournment, see Appendix, No. 66.) 
 
 Hearing before the justices.] When the justices are 
 prepared to proceed, they must determine who is 
 the father of such bastard, or of such child likely 
 to be born a bastard, and they are required to pro- 
 ceed as follows : 
 
 1. If they determine that the person so charged 
 and apprehended is not the father of such bastard, 
 or child, he shall be forthwith discharged. 
 
 2. If they determine that he is such father, they 
 shall make an order of filiation, in which they shall 
 specify the sum to be paid weekly, or otherwise, 
 by such putative father, for the support of such bas- 
 tard, or of such child likely to be born a bastard. 
 
 3. If the mother of such child be in indigent cir- 
 cumstances, they shall determine the sum to be 
 paid by such putative father, for the sustenance of 
 
Or THEOVEKSEER OF THE POOR. 205 
 
 such mother during her confinement and her re- 
 covery therefrom. 
 
 4. They shall certify the reasonable costs of ap- 
 prehending and securing the said father and of the 
 order of filiation. 
 
 5. They shall reduce their proceedings to wri- 
 ting, and subscribe the same. {Form of order of fili- 
 ation, Appendix, No. 67.) 
 
 Should the justice decide in favor of the party 
 charged with being the father of the child, it seems 
 that an appeal will not lie at the instance of the 
 superintendents of the poor from such adjudication. 
 19 Wend. 154. And such adjudication is a bar to 
 a second proceeding against the person accused, 
 respecting the same matter. Thayer v. Overseers 
 of Hamilton, 5 Hill, 443. 
 
 But if the party adjudged by the justices to be 
 the putative father, give the bond to appear at the 
 sessions, it operates as an appeal to the sessions, 
 and if the matter should be then discontinued, new 
 proceedings to charge him, may be pursued in the 
 same or in any other town in which the bastard 
 is, or is likely to be chargeable. Stowell v. Over- 
 seers of Volney, 5 Denio, 98. 
 
 Costs to be paid and bond entered into.] " § 14. Such 
 person so adjudged to be the reputed father, shall, 
 upon notice of such order, immediately pay the 
 amount so certified for the costs of apprehending 
 him, and of the order of filiation, and shall enter 
 into a bond to the people of this State, in such sum 
 as such justices shall direct, with good and suffi- 
 cient sureties, to be approved by them, with one 
 or other of the following conditions: First, that 
 
206 OF THE OVERSEER OF THE TOOK. 
 
 t 
 
 such person will pay weekly, or otherwise, as shall 
 have been ordered, such sum for the support of the 
 said child, and for the sustenance of its mother as 
 aforesaid, as shall have been ordered, or shall at 
 any time thereafter be ordered by the court of ses- 
 sions of the same county ; and that he will fully 
 and amply indemnify the county and town, or city 
 where the said bastard shall have been born, or 
 where the woman likely to have such bastard shall 
 be, and every other county, town or city which 
 may have incurred any expense, or may be put to 
 any expense for the support of such child, or its 
 mother, during her confinement and recovery 
 therefrom, against all such expenses: Or, second, 
 that such person will appear at the next court of 
 sessions of the said county, and not depart the said 
 court without its leave." {Bond under order of filia- 
 tion, Appendix, No 68.) 
 
 If the reputed father, against whom such order 
 of filiation is made, should not pay the amount 
 certified for the costs of apprehending him, the jus- 
 tice may issue a warrant for his commitment, 
 though he has executed a bond pursuant to the 
 foregoing provisions. (Form of warrant to commit, 
 Appendix, No. 69.) Where such bond is given, but 
 the costs not paid, the warrant should direct the 
 father to be safely kept until discharged by the 
 court, or until he shall pay the costs. The People v. 
 Stowell, 2 Denio, 127. As to the length of time such 
 bond continues in force, see Falls §• Smith v. Bel- 
 knapp, 1 /. R. 4S6. 
 
 The justices may order the overseers to relieve 
 the mother prior to the birth Of the bastard, and 
 
OP THE OVERSEER OP THE POOR. 207 
 
 pay the lying-in expenses; and after the bastard 
 is born, may upon the filiation, order the putative 
 father to pay a certain sum for such expense, and 
 the mother's support, to the time of the first order. 
 Overseers of Minden v. Cox, 7 Cow. 235. 
 
 When father to be discharged and when committed.} 
 Upon the bond being executed to the satisfaction 
 of the justices, as contemplated by section 14, of 
 the statute above mentioned, they shall discharge 
 such person from his arrest. But if he refuse or 
 neglect to execute a bond, with one of the condi- 
 tions aforesaid, or to pay the costs and' charges so 
 certified, he must be committed by such justices, 
 or either of them, to the common jail of the city 
 or county, by warrant, there to remain until dis- 
 charged by the court of sessions, or until he shall 
 execute 'such bond in the penalty which shall 
 have been required by the justices. 
 
 During the examination, and until discharged, 
 he must remain in the custody of the constable 
 who apprehended him, unless he gives the bond 
 required for his appearance. When committed to 
 jail, he must be confined therein without being let 
 to bail, and without the benefit of the liberties of 
 the same. 
 
 Proceedings in case bond is given out of the county.] 
 la. those cases where the bond is taken out of the 
 county, and is returned to the justice who issued 
 it, such justice must call in the aid of another of 
 the same county, and the two are to proceed and 
 examine and determine who is the father, and 
 make an order of filiation, and prescribe the sum 
 to be paid for the support of the child and the sus- 
 
208 OP THE OVERSEER OF THE POOR. 
 
 tenance of the mother, and certify the reasonable 
 costs of the proceeding. 1 R. S. 645, sec. 18. 
 
 When the condition of a bastardy bond taken 
 out of the county under the foregoing provisions, 
 is merely to indemnify, the two justices of the 
 county in which process issued, have the same 
 power to make an order of filiation that they have 
 when the bond is ,to appear at the next court of 
 sessions. The People v. Tilton, 13 Wend. 597. 
 
 The proceedings may be had in the absence of 
 the accused, unless before the same are com- 
 menced, he personally requires of the justice issu- 
 ing the warrant that the same be had in his pre- 
 sence, in which case, reasonable notice of the time 
 and place of hearing must be given to the accused. 
 
 He may appear and offer testimony, and defend 
 in the same manner as in the case of persons so 
 charged being brought directly before the justice 
 in the first instance. 
 
 Mother compelled to testify.] In conducting the ex- 
 amination, the justices may compel the mother, 
 or the woman pregnant with a child likely to be 
 born a bastard, to testify and disclose the name of 
 the father of such bastard child y and in case of 
 her refusal, may after one month from the time of. 
 her delivery, if her health will permit, commit her 
 to the common jail of the county, thereto remain 
 until she shall testify and disclose the name of 
 such father. 4 Wend. 555. 9 East, 364. {Form of 
 warrant to commit mother, Appendix, No. 71.) 
 
 When the mother may be compelled to support bastard.] 
 In case the mother of a bastard child, chargeable 
 or likely to become chargeable, has property in 
 
OF THE OVERSEER OF THE POOR. 209 
 
 her own right, the overseers, or county superinten- 
 dents, may institute proceedings before any two 
 justices of the county, to inquire into the matter, 
 (Form of summons, see Appendix, No. 72,) who may in 
 their discretion make an order charging the mother 
 with the payment of money weekly, or with such 
 other direction for the support of such child as 
 they shall deem proper. (Form of order to compel 
 mother to support child, Appendix, No. 73.) 
 
 For disobedience to such order, she may be 
 committed to jail, unless she execute a bond, with 
 good sureties, to appear at the next court of ses- 
 sions. (Form of warrant of commitment against mother, 
 Appendix, No. 74.) 
 
 The sum ordered may be reduced or increased.'] Section 
 23 provides that the justices who may have made 
 any order of filiation against the father or mother 
 of any bastard, may from time to time vary the 
 amount therein directed to be paid, by reducing the 
 same as circumstances may require ; and upon the 
 application of any county superintendent or over- 
 seer interested therein, and after ten days' notice, 
 to be given to the party who may be affected there- 
 by, the court of sessions of the county may increase 
 the sum in and by such order directed to be paid 
 for the support of any bastard ; and the said court, 
 on the application of any person affected by such 
 order, and after the same notice to the superinten- 
 dents or overseers at whose instance it was pro- 
 cured, may reduce the amount directed to be paid 
 by any such order. 
 
 Appeals.] § 24. "Any person who shall think him- 
 self aggrieved by any order, or determination of 
 21 
 
210 OF THE OVERSEER OP THE POOR. 
 
 i 
 
 any two justices of the peace, made pursuant to 
 any authority hereby given, may appeal therefrom 
 to the next court of sessions, to he holden in the 
 same county, excepting any person who shall 
 have executed a bond, to perform any order of 
 filiation and of settlement, and to indemnify the 
 public, who shall be concluded thereby, and shall 
 not be permitted to appeal from any other part of 
 such order, than such as fixes the weekly or other 
 allowance to be paid. Whenever a bond shall he 
 entered into by a person charged as the father of 
 a bastard, or of a child likely to be born a bastard, 
 or by the mother of a bastard, for his or her ap- 
 pearance at the next court of sessions, the same 
 shall be deemed an appeal from the order of filia- 
 tion or sustenance, or both, as the case may be, 
 and no further or other notice thereof shall be re- 
 quired. In other cases of appeal, notice shall he 
 given to the justices making the order, and to the 
 other party affected by such order, or to the su- 
 perintendent or overseers at whose instance the 
 same was obtained, at least ten days previously. 
 (Form of notice of appeal, No. 78, Appendix.) 
 
 As soon as the appeal is taken, the order of filia- 
 tion looses its force as an adjudication. Stowell 
 v. The Overseers of Volney, 5 Denio, 98. 
 
 The appeal opens the whole matter anew. 
 Roy v. Thayer, 7 Wend. 359. 
 
 Witnesses may be compelled to appear and tes- 
 tify on such appeal, in the same manner as in 
 criminal cases. 
 
 The court after hearing the proofs and allega- 
 tions of the respective parties, makes such order, 
 
OF TIIE OVERSEER OF THE POOR • 211. 
 
 affirming, quashing, or modifying the order ap- 
 pealed from, as shall be just. If the mother of the 
 bastard be dead or insane, the testimony given by 
 her on her examination, must be received with, 
 the same effect as if she .were present and testified 
 the same. 
 
 On the trial of the appeal, the appellant is not 
 entitled to. a trial by jury. 7 Wend. 359. 
 
 If at the time of the hearing, the woman so preg- 
 nant has not been delivered, the court may adjourn 
 from time to time until the birth of the child. If 
 she should marry before her delivery, or miscarry, 
 or find herself mistaken as to her supposed preg- 
 nancy, the person charged as the father must be 
 forthwith discharged. Should the order of filia- 
 tion made by the justices be affirmed upon appeal, 
 the court must require the accused to enter into 
 such, a bond as is required by section 31. 1 R. S. 
 648; 4th ed., 2d vol., 61. 
 
 Upon a failure to execute the bond to the satis- 
 faction of the court, the accused must be commit^ 
 ted. 
 
 Proceedings where mother is bound to appear.] "Where 
 the mother of any bastard shall be bound to ap- 
 pear at any court of sessions, to answer on account 
 of any order made against her for the support of 
 such bastard, or shall be committed for neglect or 
 refusal to enter into such bond, the court must ex- 
 amine into the matter, compel the attendance of 
 witnesses, and hear the allegations and proofs of 
 the parties, in the same manner as hereinbefore 
 directed in the case of an appeal. 
 
 Should the court ascertain that the mother has 
 
212 OF THE OVERSEER OP THE POOR. 
 
 property in her own right, sufficient to support or 
 partly support the bastard, the order may be con- 
 firmed or modified; but if she has no property she 
 should be discharged. 
 
 Proceedings on affirming order.] If the court affirm 
 the order, it requires the mother to execute a bond, 
 in such sum as it shaU prescribe, with sufficient 
 sureties, to the people of this State, conditioned 
 that such mother will faithfully comply with and 
 obey the order for the support of such bastard, so 
 made and affirhied, as the same shall have been 
 modified, or may thereafter be modified by the 
 court of sessions. If she shall refuse or neglect to 
 execute such bond, she must be committed, by an 
 order of the said court, to the common jail of the 
 county; there to remain until she execute such 
 bond, or until she is discharged by the court. 
 
 Costs on appeal.] The court awards costs to the par- 
 ty in whose favor such appeal is determined, and 
 to any party to whom notice of appeal is given and 
 not prosecuted. When awarded against any coun- 
 ty superintendents, or overseers of the poor of any 
 town not liable for the support of its own poor, the 
 amount must be paid by the county treasurer, on 
 the production of a certified copy of the order, and 
 Of the taxed bill of such costs, and by him charg- 
 ed to the town which shall be bound to support 
 such bastard, if any town in the same county be 
 so liable ; and if there be no town so liable, then 
 to be charged to the county. 
 
 In other cases, payment of such costs may be 
 enforced by attachment or by action. If the par- 
 ty liable to pay resides out of the jurisdiction of 
 
OF THE OVERSEER OF THE POOR. 213 
 
 the court of sessions, an action may be brought on 
 the order of the court, and to maintain the action 
 all the evidence required is a certified copy of the 
 order and a certified copy of the taxed bill of costs. 
 Superintendents of Poor v. Moore, 12 Wend. 273. 
 
 When original order may be made by the sessions.] If 
 the court upon appeal quash the order of filiation, 
 for any other reason than upon the merits, it may 
 make an original order of filiation, with the same 
 force and effect as if made by two justices, or such 
 court may hold the accused to bail to appear at 
 the next sessions. 
 
 Should the order of filiation be quashed for ir- 
 regularity, new proceedings may be instituted for 
 the apprehension of the person charged, and for 
 the making an order of filiation, with the same 
 effect as if none had been commenced. 
 
 The duties of the court in case of imprisonment, 
 and the inability of the accused to pay, under this 
 act, are pointed out in sections 41, 42, 43 and 44 
 of the title above referred to. 1 R. S. 650; Ath ed., 
 vol. 2d, 63. 
 
 When bonds are given for appearance, and 
 there is default, it becomes the duty of the district 
 attorney to prosecute ; default in bonds given for 
 the support of the bastard or the sustenance of its 
 mother, may be prosecuted by the superintendents 
 or the overseers. 
 
 Sections fifty and fifty-one of the title before 
 mentioned, provide for the payment of costs in 
 case judgment be given for the defendant, and for 
 the bringing of actions in certain cases. See 1 R. 
 S. 652 ; 4th ed., vol. 2d, 64. 
 
214. OF THE OVERSEER OF THE POOR. 
 
 Proceedings against absconding father or mother.] 
 " § 52. If the putative father or mother of any bas- 
 tard, or of any child likely to be born a bastard 
 and to become chargeable, shall run away from 
 the place of their ordinary residence, leaving such 
 bastard or child chargeable, or likely to become 
 chargeable to the public, the overseers of the 
 poor of the town, or the superintendents of 
 the poor of the county where any such bastard 
 shall be born or be likely to be born, may. apply to 
 any two justices of the peace of the county where 
 any estate, real or persona], of the putative father 
 or mother of such bastard shall be, for authority 
 to seize and take such real and personal estate. 
 Upon due proof being made, to the satisfaction of 
 such justices, of the said facts, they shall issue 
 their warrant, in the same manner as is provided 
 in the first title of this chapter in relation to pa- 
 rents absconding and leaving their children 
 chargeable ; and the same proceedings, in all res- 
 pects, shall be had thereon, and the overseers and 
 superintendents shall account to the sessions in. 
 the manner therein provided." 
 
 Mother and child to be' supported as paupers.] The 
 mothers of bastards, who are unable to support 
 themselves during their confinement, and bastards 
 born of such mothers, must be supported as other 
 paupers are supported, at the expense of the town 
 where such bastards are born, provided the moth- 
 er has a legal settlement in such town, and the 
 town is required to support ^ts own poor. 
 
 If the mother have a settlement in any town of 
 the same county, which, is required to support its 
 
OF THE OVERSEER OV THE POOR. 215 
 
 own poor, then at the expense of such town ; in 
 all other cases they are to be supported at the ex- 
 pense of the county where such bastard shall be 
 born. 
 
 Such mother and her child must not be removed 
 from any town to any other town in the same coun- 
 ty, nor from one county to any other county, in 
 any case whatever, unless voluntarily taken to the 
 county or town liable for their support, by the 
 county superintendents of such county or the over- 
 seers of the poor of such town. 
 
 In those bastardy cases likely to become charge- 
 able to the county, the overseers should immediate- 
 ly on receiving information of such fact, give no- 
 tice to the county superintendents or one of them, 
 whose duty it is to provide for such cases, in the 
 same manner as for the poor of the county, and 
 until the county superintendents take charge of 
 the case, the overseers must provide for them, and 
 may take the same proceedings as for the support 
 of a pauper who cannot be conveniently removed 
 to the county poor house. 
 
 Section fifty-eight provides that where a woman 
 is pregnant of a child likely to be born a bastard, 
 or to become chargeable to a town, or where a 
 bastard is born chargeable or likely to become 
 chargeable to a town, the overseers of the poor of 
 the town where such bastard is born, or likely 
 to be born, whether the mother have a legal set- 
 tlement therein or not, must provide for the sup- 
 port of such child and the sustenance of its mother 
 during her confinement and recovery therefrom, 
 in the same manner as they are authorized by law 
 
216 OP THE OVERSEEB OP THE POOR. 
 
 to provide for and support the poor of their 
 town. 
 
 Moneys paid over by parents of bastards, how disposed 
 of.] Where money is paid to any overseers, pur- 
 suant to the order of any two justices, by any pu- 
 tative father, or by the mother of any bastard; the 
 overseers may expend the same directly in the 
 support of the child and the sustenance of its 
 mother, without paying the same into the county 
 treasury. They must annually account, on oath, 
 to the board of town auditors, at the same time 
 that other town officers are required to account, 
 for expenditures of all moneys so received by them, 
 and pay over the balance in their hands to their 
 successors in office, at the same time, and under 
 the like penalties as are provided by law in respect 
 to the poor moneys in their hands. 
 
 Moneys ordered to be paid by the putative fath- 
 er, or by the mother of a bastard chargeable to the 
 county, must be collected for the benefit of such 
 county; and all overseers of the poor, superinten- 
 dents, sheriffs, and other officers, must within fif- 
 teen days after the receipt of such moneys, pay 
 the same into the county treasury. Upon neglect 
 of any of the said officers to make such payment, 
 they are liable to an action by and in the name of 
 the county treasurer, for all moneys so received 
 and withheld, "with the interest from the time of 
 the receipt at the rate often dollars upon the hun- 
 dred dollars ; and forfeit a sum equal to that so 
 withheld, to be sued for and recovered by and in 
 the name of the county treasurer. 
 
 Disputes concerning the legal settlement of the 
 
OF THE OVERSEER OF THE POOR. 217 
 
 mother of a bastard, or a bastard child, must be 
 determined by the board of county superinten- 
 dents. 
 
 Settlements in bastardy cases.] "Where a bastard is 
 born, or likely to be born in one town, when the 
 legal settlement of the mother is in another town 
 of the same county, which is required by law to 
 support its own poor, the overseers of the poor of 
 the town where such bastard is born, or likely 
 to be born, must give the like notice to the over- 
 seers of the town where the mother's settlement 
 may be, as is required in the case of a person be- 
 coming a pauper, under the like circumstances ; 
 and the same proceedings must be had in all re- 
 spects to determine the liability of such town as 
 in the case of paupers. 
 
 The overseers of the town to which the mother 
 of such bastard belongs, may, before the confine- 
 ment of the mother, or at any time after the ex- 
 piration of two months after her delivery, if her 
 situation will permit it, take and support such 
 mother and her child. 
 
 If they omit to do so, and fail to obtain the de- 
 termination of the county superintendents in their 
 favor on the question of settlement, the town to 
 which the mother belongs is liable to pay all the 
 expenses of the support of such bastard and of its 
 mother during her confinement and recovery 
 therefrom; which expenses, after being allowed 
 by the county superintendents, are to be assessed, 
 together with the lawful interest on the moneys 
 expended, on the town to which such mother be- 
 longs, and collected in the same manner as pro- 
 28 
 
218 OP THE OVERSEER OP THE POOR. 
 
 vided for poor persons supported under the same 
 circumstances ; and the moneys so collected must 
 be paid to the county treasurer for the benefit, and 
 to be credited to the town which incurred the ex- 
 penses. 
 
 In those cases where a town is required to .sup- 
 port a bastard and its mother, whether the mother 
 have a settlement in such town or not, and no 
 moneys are received from the putative father, or 
 from the mother, to defray the expense of such 
 support, the overseers must apply to a justice of 
 the peace, and obtain an order for the support of 
 such bastard, and the sustenance of its mother, 
 during her confinement and recovery; and the 
 sum to be allowed therefor in «the same manner 
 as is required in the case of paupers ; and the mo- 
 neys paid, or contracted to be paid, by the over- 
 seer, pursuant to such order, must be paid by the 
 county treasurer, in the same manner as for pau- 
 pers, and to be charged to the town to whose offi- 
 cers such payments are made. 
 
 It is the duty of the overseers to apply for an 
 order of filiation, although the mother has no set- 
 tlement in the town where the child is born. 
 Wyrikoop v. Overseers of New-York, 3 /. R. 15. 
 
 As to what shall be deemed the legal settle- 
 ment of the child, it has been held to be deemed 
 and adjudged to be settled in the city or town of 
 the last legal settlement of the mother. 17 /. R. 
 41. 
 
 The overseers may with the approval of the 
 county superintendents, or any two of them, when 
 the situation of the mother will allow it, remove 
 
OP THE OVERSEER OF THE POOR. 219 
 
 her and her child to the county poor house, or 
 other place provided for the reception of the poor. 
 
 Penalty for neglect of duty.] Any overseer whose 
 duty it is to provide for the support of any bastard 
 and the sustenance of its mother, who neglects to 
 perform such duty, is deemed guilty of a misde- 
 meanor ; and on conviction is liable to a fine not 
 exceeding two hundred and fifty dollars, or to im- 
 prisonment, not exceeding one year, or to both. 
 
 Compromise.] In the city of New- York, the com- 
 missioners of the Alms House and Bridewell, are 
 authorised to compromise with the putative fath- 
 ers of bastard children, upon such terms as shall 
 be just, and discharge such fathers from liability. 
 Superintendents in any county have the like pow- 
 er. Laws of 1832, chap. 26, and Laws of 1838, chap. 
 202. 3 Hill, 116. 
 
 When the mother of such child is unable to give 
 such security, but is able and willing to nurse and 
 take care of the child, she must be paid the same 
 weekly "allowance for nursing and taking care of 
 the child, out of moneys paid by the father on such 
 compromise, as he shall have been liable to pay 
 by the order of filiation ; such weekly sum to be 
 paid the mother, may be prescribed, regulated or 
 reduced, as in the case of an order of filiation. 
 
 It seems an action will not lie however in be- 
 half of the mother against the overseers, without 
 showing an express promise to pay, or that the 
 overseers had received money under the order. 
 12 /. R. 195. 
 
 In suits against overseers, founded on a contract 
 made by their predecessors, for the maintenance 
 
220 OF THE OVERSEER OP THE POOR. 
 
 of a bastard, the justice's order for the expenditure 
 must be proven. Morse v. Earle, 13 Wend. 271. 
 
 An action may be maintained upon a bond giv- 
 en to indemnify a town concerning a bastard, pur- 
 suant to statute, as soon as the town becomes lia- 
 ble or bound to maintain the child, without show- 
 ing any actual disbursement or payment of money 
 by the town. Rockfeller v. Donnely, 8 Covj. 623. 
 8 Wend. 520. 
 
 As to what will be deemed sufficient evidence 
 of expenditure, in an action on a bastardy bond, 
 in cases where no order of filiation has been made, 
 see opinion of Chancellor Jones in same case. 
 , In an action founded on such an order, it (the 
 order) is prima facie evidence of the plaintiff's de- 
 mand, and it devolves on the defendant to show 
 a reversal or modification of the order, or any oth- 
 er matter which tends to discharge it. Wallsworth 
 v. Mead, 9 /. R. 367 ; 16 /. R. 155. ' Infancy is no 
 defence to an action on a bond given by the repu- 
 ted father of a bastard child, conditioned to indem- 
 nify the town. The People v. Moore, 4 Denio, 519. 
 6 Mass. Rep. 80; 4 id. 376. 25 Wend. 698. 
 
 Section 7. . Duty of overseer in relation to 
 binding out children. 
 Authority is conferred on overseers of the poor, 
 to bind out any male child under the age of twen- 
 ty-one years, and any female child under the age 
 of eighteen years, with the consent of the persons 
 authorized by law to give the same, who, or whose 
 parent becomes chargeable to such town, or who 
 may have been sent to any poor house other than 
 a county poor house. 
 
OF THE OVERSEER OF THE POOR. 221 
 
 The written consent of any two justices of the 
 peace of the town, or of the mayor, recorder, and 
 aldermen of a city, is necessary to make such 
 binding out valid. 
 
 Indian children.] The overseer has no authority to 
 bind the child of an indian woman as an appren- • 
 tice, except in the presence and with the written 
 consent of a justice of the peace, and the consent 
 must be filed in the town clerk's office of the town 
 where the indenture is executed. 
 
 Indentures, what to contain.] The age of every in- 
 fant so bound must be inserted in the indentures, 
 and will be taken to be the true age, without fur- 
 ther proof; and whenever any public officers are 
 authorized to execute any indentures, or their con- 
 sent is required to the validity of the same, it is 
 their duty to inform themselves fully of, the in- 
 fant's age. 
 
 Every sum of money paid or agreed for, with, 
 or in relation to the binding out of any clerk or 
 apprentice, must be inserted in the indentures. 
 
 Whenever any child is bound out by the over- 
 seers of the poor of any city or town, the inden- 
 tures must contain an agreement on the part of 
 the person to whom such child is bound, that he 
 will cause such child to be instructed to read and 
 write, and if a male, will cause him to be instruct- 
 ed in the general rules of arithmetic ; and every 
 such indenture must also contain an agreement, 
 that the master will give to such apprentice, at the 
 expiration of his or her service, a new Bible. 
 
 The counterpart of any indentures executed by 
 any overseers of the poor, must be by them de- 
 
222 Or THE OVERSEER OP THE POOR. 
 
 posited in the offce of the clerk of their city or 
 town. 2 R. S. 154; 4th ed., 339. (See form of inden- 
 ture and consent, Appendix, No. 49.) 
 
 The consent required by the statute to be given 
 on the binding of an apprentice, must be a certifi- 
 cate at the end of or endorsed upon the indentures. 
 2 Hill, 596. See also 5 Colo. 170. 
 
 Section 8. Actions by and against overseers and 
 the bodies they represent. 
 
 Actions may be brought by overseers of the poor 
 of the several towns, to enforce any liability, or 
 any duty enjoined by law to them, or the body they 
 represent, and upon any contract made with, them 
 or their predecessors in their official character ; to 
 recover any penalties or forfeitures given to them, 
 and to recover damages for any injury done to the 
 property or rights of such offices. 
 
 Contracts with predecessors.] Such actions may be 
 brought by such overseers in the name of their re- 
 spective offices, notwithstanding the contract or 
 obligation on which the same is founded, may 
 have been made with or to any predecessors of such 
 overseers, in their individual names or otherwise, 
 and notwithstanding any right of action may have 
 accrued previous to the time when the officers 
 commencing such suit entered upon the execution 
 of the duties of their office. 
 
 Actions against.] Actions against overseers should 
 be commenced in the same manner as against in- 
 dividuals, specifying in the process and pleadings 
 their names of office. They are not liable to be 
 held to bail unless upon the order of a judge of 
 the court in which the action is commenced, 
 
OP THE OVERSEER OE THE POOR. 223 
 
 founded upon proof by affidavit that the same is 
 brought for some personal misconduct in office, or 
 upon some personal liability in their official cha- 
 racter. 2 R. S. 474; 4th ed., 715. 
 
 Where a suit is brought by an overseer of the 
 poor, it should be commenced in his proper name, 
 with the addition of his name of office. A suit in 
 the name of office merely, cannot be maintained. 
 5 Hill, 215. 1 Denio, 279. 
 
 Overseers of the poor being public agents and 
 trustees of the town, in respect to the poor, with- 
 out any express authority by the statute for the 
 purpose, have a capacity to sue co-extensive with 
 their public trusts and duties. Overseers of Pitts- 
 town v. Overseers of Plattsburgh, 18 John. 407. Super- 
 visor of Galway v. Steinson, 4 Hill, 136. 
 
 The general rule is that when a public officer is 
 instituted by the legislature, an implied authority 
 is conferred on the officer to institute all suits as 
 incident to his office which the proper and faith- 
 ful discharge of his official duty requires. 18 John. 
 407. 
 
 Suits by and against overseers, do not abate by 
 their death, removal, resignation, or the expiration 
 of their term of office. The names of their suc- 
 cessors will be substituted, upon the application 
 of such successors or the adverse party. 
 
 In case judgment should be rendered against 
 the overseers of the poor, on account of any lia- 
 bility of their town, they should present a certi- 
 fied copy of the docket of such judgment, or the 
 record of the same, to the board of supervisors of 
 the county, at the annual meeting of such board. 
 
224 OF THE OVERSEER OF THE POOR. 
 
 When the overseers of the poor of a town" 
 against whom any judgment has been rendered, 
 which has not been appealed from, nor otherwise 
 suspended, have sufficient moneys in their hands 
 belonging to their town, not specially appropria- 
 ted, they are required to pay the amount of such 
 judgment and interest, upon the production of a 
 certified copy of the docket of such judgment. 
 Should he fail so to do, he becomes personally- 
 responsible to the party in whose favor such judg- 
 ment was obtained. 
 
 Costs.] When costs have accrued against over- 
 seers, as the result of unsuccessful litigation com- 
 menced by them in their individual names, exe- 
 cution may be awarded against them, and the 
 costs collected of them individually ; they may 
 charge the same in their account for official 
 expenditures, which will be audited and allowed 
 to them if it appear that they commenced the liti- 
 gation in good faith. ' 
 
 Section 9. Duty respecting jugglers", disorderly 
 
 practices, enforcing penalties for betting, racing' 
 
 of animals, &c 
 
 It is the duty of the overseers of the poor, to sue 
 for the penalty which is incurred for the violation' 
 of the statute against the exhibition of idle shows. 
 The penalty is twenty-five dollars for each offence. 
 See 1 R. S. 666 ; 4th ed., 2d vol., 70. 
 
 The penalty of five dollars is incurred by any 
 person who violates the statute against the dis- 
 charge of fire arms, rockets, and other fire works 
 on certain holidays; and the penalty of twenty- 
 five dollars is incurred for the violation of the stat- 
 
OF THE OVERSEER OP THE POOR. 225 
 
 ute against keeping gaming tables, wheels of for- 
 tune or the like, within half a mile of any parade, 
 town meeting, election or celebration. The pen- 
 alty is ten dollars for the violation of the statute 
 against cock fighting, and gaming of any kind, in 
 any public house kept as an inn or tavern, or in a 
 grocery, or on board of any vessel or packet used 
 for the transportation of passengers. Persons play- 
 ing at games of any kind, who win money or pro- 
 perty, forfeit five times the value of the money or 
 property won at any one time. 
 
 Persons playing at games, or betting, who loose 
 twenty-five dollars or more, at any one time or sit- 
 ting, and shall pay or deliver over the sum lost, or 
 any part of the same, may within three months re- 
 cover the same back by action. If the party losing 
 omit to prosecute, the winner becomes liable to 
 pay tr-eble the value of property won to the over- 
 seer. 1 R. S. 661; 4th ed., vol. 2d, 70-73. 
 
 Any person who sets up any property to be raf- 
 fled for, forfeits three times the value of the arti- 
 cles so set up, together with ten dollars in addition. 
 The person raffling forfeits ten dollars for each of- 
 fence. 1 R. S. 665 ; 4th ed., vol. 2d, 76, 77. 
 
 It is made the duty of the overseers of the poor 
 to prosecute for any of the penalties above men- 
 tioned. The superintendents of the poor have al- 
 so the right to, prosecute for many of the above pen- 
 alties. Their duties in that respect will be men- 
 tioned ia that chapter. It is also made the duty 
 of the overseer, to proseeute for the breach of a re- 
 cognizance given by a disorderly person. 1 R. S. 
 
 639 ; 4th ed., qui Zd> 54. 
 29- 
 
226 OF THE OVERSEER OP THE POOR. 
 
 It is also their duty to prosecute for the viola- 
 tion of the law respecting brokerage, and unau- 
 thorized banking. 2 R. S. 115, 116, 119, 4th ed. 
 
 The penalty" of twenty-five dollars is incurred 
 for a violation of the statute against the racing of 
 animals. There are a number of forfeitures there- 
 in mentioned, for the violation of that statute, for 
 all of which the overseers are to prosecute. 2 R. 
 S. 4th ed., 80. 
 
 Because the foregoing penalties are specially 
 
 enumerated, it does not follow that the duty of the 
 
 overseer is limited to bringing actions for those 
 
 penalties only, his general power in that respect 
 
 has been mentioned at page 222. See also 18 Johns. 
 
 407. 
 
 Section 10. Miscellaneous provisions. 
 
 It is the duty of the overseers of the poor, 
 in each town, to furnish the superintendent of 
 common schools with a list of the deaf and dumb 
 persons in their respective towns, so far as they 
 can ascertain them, with such particulars in rela- 
 tion to the condition of each as shall be prescribed 
 by the superintendent. Sec. 1, chap. 223, of 1832. 
 
 The limits prescribed for the present work, will 
 not admit of the insertion of the numerous local 
 acts affecting the duty of overseers of the poor. It 
 has been deemed sufficient to refer those officers 
 in the several localities affected by local provisions, 
 to the chapter of the session laws where such local 
 statutes may be found. 
 
 For the special act affecting the poor laws, rela- 
 ting to the county of Genesee. See Laws of 1839, 
 chap. 121. 
 
OF THE OVERSEER OF THE POOR. 227 
 
 For Lewis county. See Laws of 1842, chap. 81; 
 also Laws of 1845, chap. 7. 
 
 For the counties of Herkimer, Tioga and Sara- 
 toga. See Laws of 1843, chap. 208. 
 
 For the counties of Jefferson, Chautauque, Cat- 
 taraugus, Otsego and Steuben. See Laws of 1844, 
 chap. 163. 
 
 For the counties of Essex, Oneida and Dutchess. 
 See Laws of 1845, chap. 155. 
 
 For the counties of Livingston, Sullivan, 
 Broome, Cortland, Orange, Allegany, Seneca, 
 Franklin, Onondaga and Ulster. Laws of 1848, 
 chap. 176. 
 
 These several special acts relate mostly to abol- 
 ishing or restoring the distinction between town 
 and county poor. 
 
 A general law was passed in 1849, (see Laws of 
 1849, chap. 194,) authorising boards of supervisors 
 to abolish the distinction between town and 
 county poor. See the chapter on boards of supervisors, 
 ante, page 35. 
 
 In 1845, an act was passed respecting the mode 
 of supporting the poor in the county of Living- 
 ston, {Laws of 1845, chap. 334,) and in 1846, an act 
 was passed providing that whenever the board of 
 supervisors of any county, except the county 
 of New- York and county of Kings, should by reso- 
 lution declare their intention to adopt the provi- 
 sions of the act relating to the temporary relief of 
 the poor in the county of Livingston, that the pro- 
 visions of the act relating to Livingston county 
 should apply to such counties. Laws of 1846, chap. 
 245, p. 308. : 
 
228 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 The overseers of the poor in the several towns 
 in the county of Onondaga, are not allowed to be 
 interested in any of the supplies furnished or or- 
 dered by them. Laws of 1852, chap. 231, sec. 5. 
 
 The office of overseer of the poor is abolished in 
 the county of Fulton, and the duties of that offi- 
 cer are devolved upon the supervisor of the town. 
 Laws of 1855, chap. 497. 
 
 Compensation.] Overseers of the poor are entitled 
 to one dollar a day for the time spent by them in 
 the discharge of their duties. 
 
 In presenting their accounts to be audited, the 
 same should be accompanied by an affidavit of 
 their correctness. (See form, Appendix.) 1 R. S. 
 664, 4th ed. 
 
 CHAPTER VIII. 
 
 OF COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 Section 1. Of the commissioner — how elected, and his powers and du- 
 ties generally. 
 
 2. Commissioners' duty respecting the laying out, opening, al- 
 
 tering, and discontinuing of highways. 
 
 3. Overseers of highways, how chosen, and their powers and 
 
 duties. 
 
 Section 1. Of the commissioner, how elected and 
 his powers and duties. 
 
 The duties of the commissioner of highways are 
 so intimately connected with those of the overseer, 
 that it has been deemed advisable to embrace the 
 two in the same chapter. 
 
 Election and qualification.] The commissioner of 
 highways is elected by ballot at the annual town 
 meeting. If the town at that meeting neglects to 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 229 
 
 fill that office, he may be appointed by three jus- 
 tices of the peace. He must be an elector of the 
 town. Within ten days after notice of his elec- 
 tion, he must take and .subscribe the constitution- 
 al oath. (See form, Appendix, No. 1.) If his name 
 appears on the poll list of the annual town meet- 
 ing, that is deemed sufficient notice of his elec- 
 tion. 
 
 When duly elected or appointed, should he re- 
 fuse to serve, he forfeits to the town the sum of 
 fifty dollars ; and should he enter upon the duties 
 without taking and filing the constitutional oath, 
 he forfeits the further sum of fifty dollars. 1 R. S. 
 347; 4th ed., 656. 
 
 The electors at the annual town meeting, deter- 
 mine whether they will have one or three com- 
 missioners of highways. If three be determined 
 upon, the canvassers divide them by lot into 
 classes, numbered one, two, and three, and they 
 hold their offices accordingly. Laws of 1847, chap. 
 455, p. 580. 1 R. S. 646, 4th ed. 
 
 When one chosen, he does the duty of three.] If but one 
 commissioner be determined upon and chosen, he 
 is clothed with all the powers, and must discharge 
 all the duties devolving upon the three. Id. 
 
 In such case," where the term commissioners is 
 used in the text or forms, the sole commissioner 
 will readily adapt the text and forms to his case, 
 reading the text as if the plural were not used, and 
 using one name in the forms wherever more than 
 one occurs. 
 
 After a resolution of a town, determining to have 
 three commissioners, the town may by a subse- 
 
230 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 quent resolution, determine to have but two or one ; 
 and if such subsequent resolution be adopted, no 
 other commissioner can be elected or appointed, 
 until the term of office of those already elected ex- 
 pires. Laws of 1847, chap. 455, p. 581. 
 
 In case of vacancy, if the commissioner is ap- 
 pointed, he holds until the next annual town meet- 
 ing after his appointment, if elected, he holds for 
 the unexpired term. Id. 
 
 Before the commissioner enters upon the duties 
 of his office, and within ten days after notice of his 
 election or appointment, he must execute a bond 
 to the supervisor of the town, in the penal sum of 
 one thousand dollars, with two sureties to he ap- 
 proved by the supervisor. (See form of bond, Ap- 
 pendix, No. 185.) Laws of 1845, chap. 180,^. 183. 
 
 Should the commissioner desire to resign his 
 office, he may give notice of his intention so to 
 do, to any three justices of the peace of the town, 
 who have power to accept the same. (See form, 
 Appendix, No. 186.) 
 
 Repairs.] The commissioners of highways have 
 the care and superintendence of highways and 
 bridges in their several towns. It becomes their 
 duty, by statute, to give directions as to the mode 
 in which the roads and bridges of their town shall 
 be repaired. 1 R. S. 510; 4th ed., 1029. 
 
 They are not bound to repair until the necessary 
 funds are provided. 7 Wend. 474. 2 Hill, 619; 6 
 Id. 463. 17 John. 439. 
 
 They have no power to contract a debt against 
 the town for the purpose of repairs. Barker v. 
 Loomis, 6 Hill, 463. 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 231 
 
 The general power above mentioned, it seems* 
 would not authorise the commissioners to bring a 
 suit. by virtue of their office, to recover damages 
 for' illegally taking possession of a highway or 
 bridge. Cornel v. Town of Guilford, 1 JDenio, 511. 
 Judge Jewett who delivered the opinion in that 
 case, held that' such a suit should be brought in 
 the name of the town. 
 
 Power to regulate, alter, and describe roads.] Power 
 is also given by statute, to the commissioners, 
 " To regulate the roads already laid out, to alter 
 such of them as they, or a majority of them, shall 
 deem inconvenient. 
 
 "To cause such of the roads used as highways 
 as shall have been laid out. but not sufficiently 
 described, and such as shall have been used for 
 twenty years but not recorded, to be ascertained, 
 described, and entered of record in the town 
 clerk's office; and, 
 
 "To cause the highways and bridges which are 
 or may be erected over streams intersecting high- 
 ways, to be kept in repair." 
 
 In ascertaining the duties of commissioners 
 under the foregoing provisions, it frequently be- 
 comes necessary to determine where the powers 
 of commissioners cease, and that of the trustees 
 of villages, and the common councils of cities, 
 begin to be operative, under the numerous village 
 and city charters. In many village charters, the 
 trustees have the same power over the streets and 
 bridges that is possessed by commissioners of 
 highways, and no more. In some village char- 
 ters, the power conferred upon trustees, is merely 
 
232 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 additional to that already conferred upon the com- 
 missioners. See the opinion of chief-justice Nelson in 
 the case of Graves v. Otis, 2 Hill, 471. See also 10 
 Wend. 86; 15 Wend. 241; 12 Wend. 359. Under the 
 power to regulate and alter roads, it seems that 
 the commissioners have a right to cut down and 
 grade streets, although by so doing, the buildings 
 and premises adjoining such grading, would suffer 
 indirect or consequential damages, provided such 
 grading or alteration was done in good faith and 
 without malice. Radcliff's executors v. Mayor of 
 Brooklyn, 4th Corns. 195. See also 14 Barb. 629. 
 
 The statute prescribes that the commissioners 
 shall divide their towns into as many road dis- 
 tricts as they shall judge convenient, which divi- 
 sion or designation must be in writing, and lodg- 
 ed in the town clerk's office, and recorded in the 
 town book. (Form for order dividing town into dis- 
 tricts, see Appendix, No. 109.) This division if deem- 
 ed necessary may be made annually, and in all 
 cases, should be done at least ten days before the 
 annual town meeting. 
 
 They must assign to each of the road districts, 
 such of the inhabitants liable to work on the high- 
 ways, as they may deem proper, having reference 
 to proximity of residence. 
 
 They have power, and are required to order 
 the overseers of highways, as often as shall be 
 deemed necessary, to warn persons liable to work 
 on the highways, to come and work with such 
 teams and implements as the commissioners, or 
 any one of them, may determine. 
 
 They have the power under the restrictions 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 233 
 
 which will be hereafter mentioned, to lay out on 
 actual survey, such new roads in the towns, as 
 they shall deem necessary and proper ; and to dis- 
 continue such old roads as shall appear to them 
 on the oaths of twelve freeholders to be necessary 
 to be discontinued. Their powers and duties in 
 this respect, are defined at length under section 
 two of this chapter. 
 
 They are required to render an account to the 
 board of town auditors, at their annual meeting, 
 stating the labor assessed and performed in their 
 town; the sums received from fines and all other 
 sources; and a statement of the improvements 
 made during the year, and the state of the roads, 
 together with a statement of the improvements ne- 
 cessary to be made, and an estimate of the proba- 
 ble expense of the same over and above the labor 
 to be assessed. (See form for this statement and account 
 to town auditors, Appendix, No. 124.) 
 
 The commissioners must deliver to the supervi- 
 sor of their town, a statement of the improvements 
 necessary to be made on the roads and bridges of 
 their town, and an estimate of the probable ex- 
 pense of the same. (See form for statement to supervi- 
 sor, Appendix, No. 125.) 
 
 The board of supervisors may levy upon a town 
 from which such statement may have been receiv- 
 ed, in any one year, a tax not exceeding $250. 
 See the chapter upon the boards of supervisors. See also 
 1 Hill, 53. 
 
 Additional appropriation.] In 1832, an act was 
 passed authorizing the sum of two hundred and 
 fifty dollars additional, to be raised in those 
 
 30 
 
234 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 cases where the commissioners are of the opinion 
 that the $250 above provided for will be insuffi- 
 cient to pay the expenses actually necessary for 
 the improvements of roads and bridges. For this 
 appropriation, the commissioners should apply in 
 open town meeting, for a vote authorising such ad- 
 ditional sum. Before making the application, no- 
 tice of the same should be given by posting the 
 same in five of the most conspicuous places in the 
 town, for at least four weeks preceding the annual 
 town meeting. Laws of 1832, chap. 274, p. 480. 1 
 R. S. 647, 4th ed. (For form of this notice, see Appen- 
 dix, No. 187.) 
 
 There may be the further sum of five hundred 
 dollars placed at the disposal of the commissioners 
 under the act of 1838. Laws of 1838, chap. 314. 
 See the foregoing chapter upon the powers of boards of su- 
 pervisors, page 48. 
 
 The commissioners may have the further sum 
 of four thousand dollars placed at their disposal, 
 under the act of 1849, chap. 194. 
 
 Mile stones.] They have the power to erect 1 mile 
 stones on post roads, and such other public roads 
 as they may deem proper. 
 
 Guide boards.] It is their duty to erect guide posts 
 with proper inscriptions and devices, at the inter- 
 section of the post roads and other roads, when 
 they shall deem the same necessary. 
 
 Scrapers.] They may direct the overseers of high- 
 ways, to procure scrapers and plows for the use of 
 the road districts. 
 
 To appoint overseers.] The commissioners have 
 the right in case an overseer refuses to serve, or in 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 235 
 
 case of a vacancy in that office, to appoint by war- 
 rant in writing, some one in his stead. The ap- 
 pointment must be filed forthwith in the office of 
 the town clerk. The commissioners should attend 
 to the filing of such appointment, and the town 
 clerk immediately notify the person appointed. 
 (Form for appointment of overseer, Appendix No. 110.) 
 
 To prosecute default by overseer.] The commission- 
 ers upon complaint of any resident of the town, 
 that any overseer of highways has refused or neg- 
 lected to perform the duties required bylaw, must 
 prosecute such overseer for the penalty incurred 
 *by such neglect, or refusal, provided the complain- 
 ant executes a bond to such commissioners, or 
 gives security to indemnify them against the costs 
 that may be incurred for prosecuting for such pen- 
 alty. 1 R. S. 505, sec. 17; 4th ed. 1032. (For form 
 of bond to commissioners under sec. 17, see Appendix, 
 No. 127.) 
 
 Should the commissioner neglect to prosecute 
 for such penalty, he, forfeits ten dollars to the per- 
 son making such complaint. Id. 
 
 Commissioners have power to administer oaths 
 to jurors and witnesses in proceedings before 
 them. Laws of 184.7, chap. 455. 
 
 Duty respecting plank roads, turnpikes and railroads.] 
 The commissioner, when associated with the su- 
 pervisor of the town, or a majority of them, if 
 there be more than one commissioner, may with 
 the consent of two-thirds of the owners of land 
 along the line of a highway, where it is proposed 
 to build a plank or turnpike road, agree with the 
 company upon the damages. Such agreement 
 
236 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 must be in writing, and filed and recorded in the 
 town clerk's office. {Form of release of right of way 
 by commissioners and supervisors, see Appendix, No. 115.) 
 
 The funds arising from such source, are at the 
 disposal of the commissioners. Laws of 1847, 
 chap. 210, p. 223, and Laws of 1850, chap. 71. 
 
 The duty in regard to repairs, when a public 
 highway has been transferred to such a corpora- 
 tion, is devolved upon such body. 3 Barb. 459. 
 
 The commissioners should enforce the due ob- 
 servance of the law upon plank and turnpike 
 roads. 
 
 It becomes their duty to apply for a change in 
 the location of toll gates, when they deem that 
 any location is unjust to the public interests. 
 This application should be made to the county 
 court, upon fifteen days' notice in writing to the 
 president or secretary of the company. 
 
 Either party aggrieved by the decision of the 
 county court, may appeal to the supreme court. 
 Laws of 1847, chap. 210. 
 
 Commissioners are clothed with power to con- 
 sent in writing that railroads may cross the pub- 
 lic highways in their town, but streets thus inter- 
 sected must be restored to their former state, so 
 as not to impair their usefulness. Laws of 1835, 
 chap. 300. (Form of consent that railroad may cross 
 highway, Appendix, No. 116.) 
 
 Majority may act.] Orders and determinations 
 may be made by two commissioners, notwith- 
 standing there may be three in the town ; but in 
 such case, it must appear in the order filed, either 
 that all three met and deliberated on the subject 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 237 
 
 embraced in the order, or were duly notified to 
 attend. 1 R. S. 525; 4th ed., 1054. An order made 
 disregarding this requirement is void, 22 Wend. 
 132. 
 
 Commissioners have power to invest public 
 money upon unquestionable security, when not 
 wanted for immediate use, so as to realize the in- 
 terest upon the same. 5 Hill, 215. 
 
 Fence vieivers.] The commissioners, together with 
 the assessors, are fence viewers of the town. 1 R. 
 S. 340; 4th ed., 646. 
 
 Actions.] The commissioners may maintain ac- 
 tions for the breach of a contract made with them 
 or their predecessors in their official capacity ; also 
 to enforce any liability or duty enjoined by law, 
 to them or their town ; also to recover penalties, 
 and to recover damages for injuries done to them, 
 or their rights, or to the towns they represent, 
 affecting their official duties. 2 R. S. 473; 4th ed., 
 715. 
 
 In suits brought by or against the commission- 
 ers, the individual name of the officer should be 
 used, with the addition of his name of office. 4 
 Hill, 136. 5 Hill, 215. And though not expressly 
 authorised by statute in terms, in any given case, 
 yet the authority to sue is commensurate with 
 their public trusts and duties. Id. Also 18 John. 
 407. 1 Denio, 510. 1 Cow. 260. 3 Wend. 193 ; 7 
 Id. 181 ; 19 Id. 50. See also chap. 7, page 223. 
 
 They are liable on the lawful contracts of their 
 predecessors. 2 R. S. 474 ; 4th ed., 715. 13 Wend. 
 271. 
 
 Execution issues against them, the same as 
 
238 COMMISSIONERS AND OVEKSEEES OF HIGHWAYS. 
 
 against individuals, and is collected in the same 
 way; the amount so collected must be allowed 
 to them in their official accounts. 2 R. S. 476 ; 
 4th ed., 717. 7 Wend. 181. 
 
 May compromise disputes.] They have the right to 
 negotiate amicable settlement of controversies re- 
 lating to encroachments upon highways, and pro- 
 missory notes or other securities taken on such 
 settlements are valid, and may be enforced by ac- 
 tion. 5 Hill, 215. 
 
 They should file in the town clerk's office a list 
 of the swinging or other gates allowed by law on 
 any public highway. 1 R. 8. 524 ; 4th ed., 1052. 
 
 The commissioners must pay over to their suc- 
 cessors, any moneys that may be in their hands at 
 the expiration of their term of office. If dead their 
 executors or administrators must pay over. 1 R. 
 S. 359 ; 4th ed., 667. 
 
 Fire in forests.] Where danger is apprehended 
 from fire in the woods, it becomes the duty of the 
 commissioners to act with the supervisor and 
 justices of the peace, in taking measures to arrest 
 its progress. 1 R. S. 697 ; 4th ed., vol. 2, 107. See 
 also ante, Chapter I, p. 7. 
 
 When to meet.] The commissioners are required 
 to meet within eighteen days after they are chosen, 
 at the place of the town meeting. When there is 
 but one commissioner, he should attend at the 
 same place. The object of this meeting is to make 
 the assessment for highway labor. 
 
 Mode of assessment.] In making the assessment 
 they first, (at their first or some subsequent meet- 
 ing,) make out a list of all of the lots or parcels of 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 239 
 
 non-resident lands within their -town, and describe 
 the same as assessors do. (See Chapter V, Assessors.) 
 The value must be set down opposite to such de- 
 scription, and must be the same as that affixed to 
 the lot in the last assessment roll, and if not 
 separately valued on such roll, then the valuation 
 of a separate lot should be in the proportion that 
 such lot bears to the whole. (Form for list of non- 
 resident lands, see Appendix, No. 112.) 
 
 The commissioners having received the over- 
 seers' lists from the town clerk, proceed to make 
 their assessments as follows : 
 
 1. The whole number of days work to be assess- 
 ed in each year must be ascertained, and must 
 be at least three times the number of taxable 
 inhabitants in the town. 
 
 '2. Every male inhabitant being above the age 
 of twenty-one years, (excepting ministers of the 
 gospel and priests of every denomination, pau- 
 pers, and idiots and lunatics,) must be assessed 
 at least one day. 
 
 3. The residue of such days' work must be ap- 
 portioned upon the estate, real and personal, of 
 every inhabitant of the town, as the same ap- 
 pears by the last assessment roll of the town, 
 and upon each tract or parcel of land, of which 
 the owners are non-residents, contained in the 
 non-resident list. 
 
 4. If, after such apportionment, there is any 
 deficiency in the number of days' work deter- 
 mined by the commissioners to be performed in 
 their town, the then ensuing year, such deficien- 
 cy may be assessed upon the estates, real and 
 
240 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 personal, of the inhabitants of the town, and 
 upon each tract or parcel of land of which the 
 owners are non-residents, according to the last 
 assessment roll. 
 
 5. The commissioners must affix to the name 
 of each person named in the list furnished by the 
 overseers, and also to the description of each 
 tract or parcel of land contained in the list pre- 
 pared by them of non-resident lands, the number 
 of days which such person or tract is assessed 
 for highway labor, as herein, directed, and sub- 
 scribe such lists and file them with the town 
 clerk. (Form for certificate of assessment of highway 
 labor, see Appendix, No. 113.) 
 
 In making the assessment, they must include 
 all money and stock corporations which appear on 
 the last assessment roll of the town. Such cor- 
 porations are entitled to notice of the time when 
 they will be required to perform their highway 
 labor ; such notice to be served on some officer or 
 managing agent of the corporation. The com- 
 missioners may assign the district in which such 
 corporation labor is to be performed ; they may 
 not require more than fifty days to be done many 
 one day. 
 
 Corporations may commute like individuals, 
 and the commutation money may be expended 
 by the commissioners in any district, or districts, 
 at their discretion. 
 
 Suits against corporations.] Commissioners may 
 sue for penalties incurred by corporations, the 
 same as against individuals. They may file a bill 
 in the supreme court to enforce such penalties, 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 241 
 
 and prosecute the same to judgment. Laws of 
 1837, chap. 431. 1 R. S. 1035, 4th ed. 
 
 May correct omissions of assessors.] Where assessors 
 have omitted persons or property in their assess- 
 ment roll, the commissioners may assess the per- 
 sons and property omitted, and apportion the 
 highway lahor on the same, with the same effect 
 as if they had been assessed by the assessors. Id. 
 
 Copies of lists.] The commissioners after having 
 directed the town clerk to make a copy of each 
 list, must subscribe the same, and deliver the lists 
 to the respective overseers of highways of the seve- 
 ral districts. 
 
 Non-residents may appeal.] Non-residents consid- 
 ering themselves aggrieved by the assessments 
 made by the commissioner, may appeal to the 
 county judge, who must decide the same within 
 twenty days after the appeal, and his decision is 
 final. 1 R. S. 1036, 4th ed. Laws of 1847, chap. 
 280, sec. 29. 
 
 Labor done on private roads.] The commissioners 
 may credit the amount of labor done by persons 
 living on private roads, on their assessments. 
 
 Separate assessments.] When commissioners assess 
 the occupant of land not owned by such occupant, 
 they should distinguish i,n their assessment lists, 
 the amount charged upon such land from the per- 
 sonal tax of the occupant, if any, and if the land 
 is assessed in the name of the occupant, the owner 
 should not be assessed for the same. 
 
 The inhabitants of any road district, may grade, 
 gravel,, or plank the roads in their district, and for 
 that purpose may anticipate the highway labor of 
 
 31 
 
242 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 such district for one or more years, and apply the 
 same to the immediate construction of such roads. 
 Laws of 1849, chap. 250, sec. 12 ; also 1 R. S. 1036, 
 4th ed. 
 
 Section 2. Duty of the Commissioners respecting 
 the laying out, opening, altering, and discon- 
 tinuing of highways. 
 
 Before entering upon the duties of the commis- 
 sioner in this respect, it is proper to state some 
 general principles in regard to highways. 
 
 How created.] Highways may be created as follows: 
 
 .1. By dedication. 
 
 2. By twenty years use. 
 
 3. By being laid out according to statute. 
 ' 4. By special statute. 
 
 On the subject of highways by dedication, 
 Chancellor Kent lays down a rule which may be 
 abbreviated and stated as follows : " That in the 
 absence of all other evidence on the part of the 
 owner" of the soil to dedicate it to the public, ex- 
 cept a naked acquiescence in the use on the part 
 of the public, twenty years would be required to 
 constitute a dedication ; but if there were clear, 
 unequivocal, and decisive acts of the owner, 
 amounting to an explicit manifestation of his will 
 to make a permanent dedication of the road, those 
 acts would be sufficient to establish the dedication 
 in a shorter period. 3 Rents Com. 451. The same 
 doctrine is held in the case of Pritchard v. Atkinson, 
 4 N. H. Rep. In that case seventeen years was 
 held to be a sufficient period to amount to a dedi- 
 cation. In one case eight years was deemed suf- 
 ficient to establish a dedication, 11 East, 395 ; 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 243 
 
 see also Wyman v. New-York, 11 Wend. 486; 4 Paige 
 510 ; 3 Vermont Rep. 519 ; 19 Pick. 405 ; Smith's Lead- 
 ing cases, vol. 44 Laio Library, 1; 2 J. R. 424. 
 
 By twenty years use.] It is provided that all roads, 
 although not recorded, which have been used as 
 public highways for twenty years or more, shall 
 be deemed public highways. 1 R. S. 521; 4th ed., 
 1049. 
 
 It is the duty of the commissioners to ascertain, 
 describe, and record the unrecorded roads of their 
 town. They have no power to say what was the 
 intention of the owner of the soil, any further than 
 the intention is manifest from the user. 24 Wend. 
 491. 7 J. R. 106. (Form of order for ascertaining and 
 describing a road, Appendix, No. 141, A.) 
 
 Laying out, altering, or discontinuing roads.] The 
 first step to give the commissioners jurisdiction in 
 a given case, is the application. Harrington v. The 
 People, 6 Barbour, 607. 
 
 The application must be in writing. (See form, 
 Appendix, Nos. 128 and 132.) It must be made by 
 a resident of the town liable to be assessed for 
 highway labor. It may be made by a non-resi- 
 dentv liable to be assessed for such labor, provided 
 the application relates only to his own lands. 1 
 JR. S. 1041, 4th ed. "When it is proposed to lay a 
 highway through enclosed, improved, or culti- 
 vated lands, the applicant must cause notices to 
 be posted up in three of the most public places in 
 the town, specifying the route of the proposed 
 road, x the several tracts of land through which it 
 will pass, and the time and place at which at least 
 twelve freeholders of the town will meet to exam- 
 
244 COMMISSIONERS AND OVERSEERS 01" HIGHWAYS. 
 
 ine the ground. {Form of notice, Appendix, No. 133.) 
 This notice must be posted up at least six days be- 
 fore the meeting of the freeholders. Great care 
 should be taken in drawing the application, be- 
 cause the jury who are to certify, are confined 
 substantially to the route named in the applica- 
 tion. Hence the termini of the proposed road 
 and the several parcels of land through which 
 it is to pass, should be defined with much ac- 
 curacy. 1 Cow. 23, and Hallock v. Walsey, 23 Wend. 
 327.' 
 
 Proceedings of freeholders.] Upon the appearance 
 of twelve reputable freeholders of the town, not 
 interested in the lands through which the road is 
 to be laid, they must be sworn. (Form of oath, Ap- 
 pendix, No. 135.) The oath may be administered 
 by a justice of the peace, highway commissioner, 
 or any person authorized to administer oaths. The 
 jury then personally examine the route, hear the 
 reasons pro and con., and if of opinion that the . 
 highway is necessary, certify the fact in writing, 
 and deliver their certificate to the commissioners. 
 Should more than twelve freeholders sign the cer- 
 tificate, it would not thereby be vitiated. 
 
 Should some certify who are not qualified, so 
 long as at least twelve certify who are, the pro- 
 ceedings would be regular. 7 Wend. 264. (Form 
 of certificate of freeholders, Appendix, No. 136.) 
 
 Notice to occupant.] The next step, and before the 
 highway is laid out, the commissioners must noti- 
 fy the occupant of the land through which the 
 road is to run, of the time and place where they 
 will meet to decide upon the matter. They must 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS, 245 
 
 see that he has at least three days notice, which 
 must he served upon him personally, or by leaving 
 the same at his dwelling, {Form of notice to occu- 
 pant, see Appendix, No. 137.) 
 
 Description of the road.] The commissioners meet 
 at the time specified, to hear what is to be said, 
 and decide. If they determine to lay out the road, 
 they cause it to be surveyed and described by 
 metes and bounds, courses and distances, and 
 make a certificate of their decision, incorporating 
 into the same such survey and description, and 
 deposite their decision with the town clerk. 1 R. 
 S. 515; 4th ed., 1042.) 
 
 The survey need not specify the bounds of each 
 course. 23 Wend. 324. (Form of order, laying out > 
 highway through improved lands without the consent of 
 the owner, Appendix, No. 138.) 
 
 Damages.] The next step is to ascertain the 
 damages and provide for payment. 
 
 Should the owner and commissioners agree that 
 the damage is less than one hundred dollars, the 
 commissioners may pay such damage without 
 further proceedings. 
 
 The owner if disposed may release all claim for 
 damages. Such release must be filed in the town 
 clerk's office. If the damages cannot be ascer- 
 tained by agreement, and the owner refuses to re- 
 lease, they must be assessed before the road is 
 opened or worked. (Release of damages or agreement, 
 Appendix, Nos. 140 and 141.) 
 
 Damages, how assessed.] Such damages are to be 
 assessed by not less than three commissioners, to 
 be appointed by the county court of the county, 
 
246 COMMISSIONERS AND OVERSEERS OP HIGHWAYS. 
 
 on the application of the highway commission- 
 ers. {Form for such application, Appendix, No. 151. 
 Form for appointment, of commissioners, Appendix, No. 
 152.) 
 
 The commissioners thus appointed take the con- 
 stitutional oath, and upon receiving six days no- 
 tice of the tjune and place where they are required 
 to meet, convene, view the premises, hear the par- 
 ties, swear the witnesses produced, if any, and 
 assess the damages. The assessment agreed upon 
 by a majority is valid. {Form for notice to commis- 
 sioners of their appointment and oath, Appendix, Nos. 
 153, 154.) 
 
 They make their order in writing, and deliver 
 the same to the highway commissioners, who 
 must file the same in the town clerk's ofEce within 
 ten days after its delivery to them. {Form of order- 
 assessing damages, Appendix, No. 155.) 
 
 Where a highway is laid out along the line of a 
 farm, taking no portion of the land of the owner, 
 but subjecting him to the expense of maintaining 
 the whole of a fence, one half of which only was 
 formerly maintained by him, such owner is not 
 entitled to compensation, and should damages 
 be allowed, the supervisors of the county have 
 no authority to cause the same to be collected. 
 The People v. Supervisors of Oneida, 19 Wendell, 
 102. 
 
 Parties aggrieved may ask for re-assessment.] The 
 persons for whom the assessment was made, or 
 the commissioners, feeling aggrieved, may, within 
 twenty days after the filing of the order above 
 mentioned, serve a notice on the town clerk, and 
 
COMMISSIONERS AND, OVERSEERS OF HIGHWAYS. 247 
 
 the opposite party, (Form, Appendix, No. 156,) ask- 
 ing for a jury to re-assess the damages ; and speci- 
 fying a time not less than ten, nor more than twen- 
 ty days from the time of filing the assessment, 
 when such jury will be drawn at the town clerk's 
 office of an adjoining town, by such clerk. The 
 notice must be served upon the opposite party with- 
 in three days after service on the town clerk, eith- 
 er by personal service, or leaving the same at the ' 
 dwelling house of the party, with some person in 
 charge ; or if the house be closed and vacant, by 
 fixing 'the same on the outer door. Such town 
 clerk having received three days previous notice 
 from the person asking the re-assessment, that such 
 jury is to be drawn, deposits in a box the names 
 of the last jury list in his office, residents of his 
 town, who are not interested nor of kin to the par- 
 ties, and draws therefrom the names of twelve 
 persons as jurors, and makes a certificate of the 
 drawing, and' of the purposes for which they were 
 drawn, and delivers the same to the persons first 
 asking the re-assessment. (Form of the certificate of 
 the drawing of the jury, Appendix, No. 159.) 
 , Jury when summoned.] Within twenty-four hours 
 after the party receives the certificate, he should 
 apply to a justice of the peace, of the town where 
 the damages are to be assessed, to issue a summons 
 for the persons named in the certificate. The jus- 
 tice forthwith must issue a summons for such per- 
 sons, in which' he must specify the time and place 
 of meeting, which must be within twenty days 
 from the time of the filing of the assessment of 
 damages, and deliver the same to a constable 
 
248 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 forthwith, to be executed. (Form of summons to the 
 jury, Appendix, No. 158.) 
 
 Upon the appearance of the persons summoned, 
 the justice draws by lot six, to serve as a jury, 
 provided they are free from legal exceptions. 
 
 The jury must be sworn. They hear the par- 
 ties, view the premises, and render their verdict 
 in writing; which, after being certified by the jus- 
 tice, and delivered to the commissioners of high- 
 ways of the town, is final. {Form of verdict of jury, 
 see Appendix, No. 160.) 
 
 Land owners have a vested right in the sums 
 so awarded to them, and may compel by manda- 
 mus the board of supervisors, to cause the same to 
 be raised and paid to them. The People v. the Su- 
 pervisors of Westchester, 4 Barb. 64. Laws of 1847, 
 chap. 455. 1 R. S. 1044, 4th ed. 
 
 Costs.] When damages are assessed by commis- 
 sioners appointed by the county court, the costs 
 are to be paid by the town in which the assess- 
 ment is made, and in cases of reassessment by a 
 jury at the instance of the commissioners, when 
 the first assessment is thereby reduced, the costs 
 must be paid by the party claiming the damages, 
 otherwise by the town. 
 
 In case of reassessment at the instance of a 
 party claiming damages, if he fails to get the dam- 
 ages increased, he must pay the costs ; but when 
 such damages are increased by the jury, the town 
 must pay the costs. Jurors from an adjoining 
 town, summoned, who attend but do not serve, 
 are entitled to fifty cents ; those serving one dol- 
 lar; if from the same town, attending and not 
 
COMMISSIONERS AND OVERSEERS OP HIGHWAYS. 249 
 
 serving, twenty-five cents ; serving fifty cents. 
 See Laws of 1847, chap. 455, sec. 7 and 19. 1 R. S. 
 1044, Ath ed. 
 
 Damages to be audited by the board of supervisors.] 
 All such damages finally assessed or agreed upon 
 by commissioners, relating to the laying out of 
 roads, except private roads, must be laid before 
 the board of supervisors, by the supervisor of the 
 town, to be levied by such board, and collected in 
 the town where the highway is situated, and paid 
 to the commissioners, who are required to pay the 
 owner the sum assessed to him, and the expenses. 
 1 R. S. 1044, Ath ed. Also see, 7 Barb. 297; 19 Wend. 
 103. 
 
 When a road is discontinued by reason of some 
 other road being established through the lands of 
 the same person, in assessing the damages, the 
 value of the road discontinued should be taken in- 
 to the account, and such value may be deducted 
 from the damajges assessed for the laying out of 
 the new road, and the owner may enclose so 
 much of the road discontinued as shall belong to 
 him. 
 
 Disputes between commissioners of different towns.] 
 When the commissioners of any town disagree 
 with those of another town in the same county, 
 respecting the laying out of a new road, or the al- 
 teration of an old one extending into both towns ; 
 or when the commissioners of any town in one 
 county disagree with those of any town in anoth- 
 er county upon such a matter, the commissioners 
 of both towns must meet at the request of either 
 party, and make their determination upon such 
 32 
 
250 COMMISSIONERS AND OVERSEERS OF HIG&WATS. 
 
 disagreement. [Form of order of commissioners of ad- 
 joining town, Appendix, No. 163.) 
 
 Road on a line between two towns.] When it is pro- 
 posed to have a road on a line between two towns, 
 such road must be laid out by two or more of the 
 commissioners of each town; whether the road 
 shall follow or vary from the line is to be determin- 
 ed by the good sense of the commissioners. 
 
 They must divide the same into road districts, 
 so as to equalize all the expenses incident to the 
 road as nearly as may be, and allot an equal num- 
 ber of districts to each town. 
 
 The commissioners must file the allotment in 
 their respective towns. The districts allotted to 
 each town are to be considered as wholly belong- 
 ing to such town. 1 R. S. 1045, 4th ed. 
 
 Roads not to be laid through orchards, nor fixtures, 
 nor buildings.] No public or private road can be laid 
 through any orchard or garden, without the con- 
 sent of the owner, if such orchard b^e of the growth 
 of four years, or more, or if such garden has been 
 cultivated for four years or more, before the pro- 
 posed location of the road. 
 
 No such road can be laid through any buildings 
 or any fixtures or erections for the purpose of trade 
 or manufacture, or through any yards or enclosures 
 necessary to the use and enjoyment thereof, without 
 the consent of the owner. 1 R. S. 514; 4th ed. 1041. 
 
 Where commissioners laid a road/through a mill 
 yard, and the tenter-bars of a fulling mill, they 
 were held to be liable to the owner in trespass. 
 Clark v. Phelps, 4 Cow. 190. See also Lansing v. 
 Caswell, 4th Paige, 523. 
 
COMMISSIONERS AND OVERSEERS OP HIGHWAYS. 251 
 
 Should any one move a building on to the line 
 of a proposed road, after the application to lay out 
 the road had been duly made and notice given, for 
 the purpose of defeating the road, the commission- 
 ers notwithstanding would have a right to lay the 
 road through such building. 2 Hill, 443. 
 
 As to what shall be deemed an orchard within 
 the meaning of the highway act, see The People v. 
 the Judges of Dutchess, 23 Wend. 360. 
 
 No highway can be laid out through enclosed, 
 improved, or cultivated land, without the consent 
 of the owner or occupant, unless certified to be ne- 
 cessary by the oath of at least twelve reputable 
 freeholders of the town. 1 R. S. 514; 4th ed., 1041. 
 
 While it is better at all times to have the con- 
 sent of the owner in writing, it is not absolutely 
 necessary that it should be. Noyes v. Chapin, 6 
 Wend. 461. 
 
 ' Altering and discontinuing roads. .] It has already 
 been mentioned in this chapter that the commis- 
 sioners have power to alter roads already laid out, 
 and to discontinue such old roads as shall appear 
 to them on the oaths of twelve freeholders of the 
 town to have become necessary to be discontinued. 
 1 R. S. 501; 4th ed., 1029. (Form of application to 
 alter a road, Appendix, No. 130.) 
 
 When application is made for the discontinu- 
 ance of an old road, on the ground that it is useless 
 and unnecessary, the commissioners must summon 
 twelve disinterested freeholders of the town, to 
 meet on a day certain, to consider on such appli- 
 cation. 
 
 The freeholders may be sworn by a commis- 
 
252 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 sioner. {Form of application to discontinue road, see 
 Appendix, No. 172.) 
 
 The freeholders proceed and view the road; and 
 if they come to the conclusion that the road is un- 
 necessary, they make and subscribe a certificate 
 to that effect, and deliver the same to the com- 
 missioners. (Form of freeholders' certificate to discon- 
 tinue road, Appendix, No. 173.) 
 
 The commissioners thereupon proceed to decide 
 upon such application. (Form of order of discontin- 
 uance, Appendix, No. 174.) 
 
 All applications, certificates, and other papers 
 relating to the laying out, altering, or discontinuing 
 of any road, must he filed by the commissioners, 
 as soon as they decide upon the same, in the 
 office of the town clerk. 1 R. S. 518; 4th ed., 1047. 
 
 It frequently is convenient to apply to lay out a 
 new road, and alter or discontinue an old road, 
 under one proceeding. The forms already given, 
 can be readily adapted to such cases. It is legal 
 to proceed in that way. Carris v. Commissioners of 
 Waterloo, 2 Hill, 443. 
 
 Right of appeal.] _ It is provided by the laws of 
 1847, chap. 455, sec. 8, as follows: "Any person 
 who shall conceive himself aggrieved by any de- 
 termination of the commissioners of highways, 
 either in laying out, altering or discontinuing any 
 road, or in refusing to lay out, alter or discontinue 
 any road, may at any time within sixty days after 
 such determination shall have been filed in the 
 office of the town clerk, appeal to the county judge 
 of the county in the same manner as appeals were 
 heretofore allowed to be brought to three judges 
 
COMMISSIONERS AND OVERSEEKS OF HIGHWAYS. 253 
 
 under title first, article fourth, chapter sixteenth, 
 part first of the Revised Statutes ; and when any 
 appeal shall be brought under this section, the said 
 judge, or in case of his residence in the town, or 
 of his interest in the lands through which the 
 road shall be laid oat, or in case he is of kin to 
 any of the persons interested in said lands, or in 
 case of his disability for any cause, then one of 
 the justices of the sessions shall, after the expira- 
 tion of the said sixty days, appoint in writing 
 three disinterested freeholders who shall not have 
 been named by the parties interested in the ap- 
 peal, and who shall be residents of the county but 
 not of the town wherein the road shall be located, 
 as referees to hear and determine all the appeals 
 that may have been brought within the said sixty 
 days, and shall notify them of their appointment, 
 and deliver to them all papers pertaining to 
 the matters referred to them. Upon receiving no- 
 tice of appointment, the said referees shall possess 
 all the powers and discharge all the duties here- 
 tofore possessed and discharged by the three 
 judges, and give the same notices heretofore re- 
 quired to be given under title first, article four, 
 • chapter six, part one aforesaid, and before pro- 
 ceeding to hear the appeal or appeals they shall 
 be sworn by some officer authorized to take affi- 
 davits to be read in courts of record, faithfully to 
 hear and determine the matters referred to 
 them." 
 
 Such appeal must be in writing, addressed to 
 the judges, and signed by the party appealing. It 
 must state briefly the ground upon which it is 
 
254 COMMISSIONERS AND OVERSEERS OP HIGHWAYS. 
 
 made, and whether it is brought to reverse entire- 
 ly the determination of the commissioners, or only 
 a part thereof; and in the latter case, what part. 
 1 R. S. 518 ; 4th ed., 1047. 
 
 The referees must proceed as soon as convenient, 
 to hear the appeal. Notice should be given to the 
 commissioners and the applicant, of the time and 
 place of hearing. The notice should be at least 
 eight days, and should be served as other notices 
 are required to be served, mentioned in this chap- 
 ter. 
 
 Upon the hearing, the referees have power to 
 issue subpoenas, and to adjourn from time to time. 
 
 Their decision, or any two of them, is conclu- 
 sive in the premises. It must be in writing, sign- 
 ed by the referees, or two of them, and filed in the 
 town clerk's office and recorded. (Form of appeal 
 to county judge under foregoing provision, Appendix, 
 No. 142, and the several notices, Appendix, Nos. 144, 
 145, Src.) 
 
 The commissioners are entitled to notice of the 
 appeal. Johnson v. Supervisors of Herkimer, 19 John. 
 272. It will not answer to serve it on the town 
 clerk. .15 John. 537. 
 
 On such appeal, the referees must confine them- 
 selves to an affirmance or reversal of the order of 
 the commissioners. They are not at liberty to go 
 on and lay out a new road ; in other words their 
 jurisdiction is strictly appellate. 1 Cow. 23; 1 
 Id., 142. 13 Wend., 432. 2 Gaines, 179. 
 
 The referees are not at liberty to reverse a part of 
 the order of the commissioners and affirm a part. 
 23 Wend. 360. 25 Wend. 453. For valuable forms 
 
COMMISSIONERS AND OVERSEERS OP HIGHWAYS. 255 
 
 relating to appeals and proceedings of this kind, see The 
 People v. Commissioners of Salem, 1 Cow. 23. 
 
 The referees must be sworn before they enter 
 upon the hearing, and as a necessary incident to 
 their power, may administer oaths to the witnesses 
 produced before them. 
 
 The referees, should they neglect to proceed 
 after their appointment, may be put in motion by 
 mandamus. Lansing v. Caswell, 4 Paige, 522. (Form 
 of referee's decision, Appendix, Nos. 147 and 148.) 
 
 Every referee appointed under these proceed- 
 ings, is entitled to receive two dollars for every 
 day employed in the hearing and decision of such 
 appeal or appeals, to be paid by the party appeal- 
 ing where the determination of the commissioners 
 shall be confirmed, but where it is reversed, to be 
 a charge upon the county; and when the referees 
 make any decision, laying out, altering, or discon- 
 tinuing any road in whole or in part, it is the duty 
 of the commissioners of highways of the town, to 
 carry out such decision in the same manner as re- 
 quired in cases of final determinations of appeals, 
 and such decision shall remain unaltered for the 
 term of four years from the time the same shall 
 have been filed in the office of the town clerk. 
 
 Final determination to be carried into effect.] When 
 there has been a final determination upon such 
 appeal, making it necessary that any road shall 
 be laid out, altered, opened, or discontinued, it is the 
 duty of the commissioners, or the commissioner 
 of the town where the same is to be done, to carry 
 out such determination, the same as if there had 
 been no appeal. Laws of 1845, chap. 180, sec. 13. 
 
256 COMMISSIONERS AND OVERSEERS OP HIGHWAYS. 
 
 Fences to be removed.'] When the commissioners 
 have laid out a road, and their determination has 
 not been appealed from, they must give the owner 
 or occupant of the land sixty days notice in wri- 
 ting, to remove his fences. If not removed with- 
 in sixty days, the commissioners may cause them 
 to he removed, and open and work the road. 
 
 When roads cease.] Roads laid out but not opened 
 and worked within six years, cease to be a public 
 highway. 1 R. S. 522 ; 4th ed. 1049. 2 Cow. 426. 
 
 All public highways now in use, laid out and 
 recorded, and roads not recorded, which have been 
 used as public highways for twenty years or more, 
 are deemed by law public highways, subject to 
 alteration however, upon regular legal proceedings 
 for that purpose. See on this point, 7 John. 106 ; 17 
 do. 277. 
 
 Certiorari.] Notwithstanding the statute of 1847 
 pronounces the decision of the referees final for 
 four years, still upon good cause shown, the su- 
 preme court may review their proceedings by cer- 
 tiorari. 1 Cow. 23. 2 Caines, 179. 15 John. 537. 
 
 Canal commissioners and engineers.] Roads may be 
 altered, discontinued, and laid out, by canal com- 
 missioners, under certain restrictions, for which 
 see 1 R. S. 221 ; 4th ed. 474. 
 
 Private roads.] The constitution of 1846, provides 
 " That private roads may be opened in the manner 
 to be prescribed by law, but in every case, the ne- 
 cessity of the road, and the amount of all damage 
 to be sustained by the opening thereof, shall first 
 be determined by a jury of freeholders ; and such 
 amount together with the expenses of the pro- 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 257 
 
 ceeding, shall be paid by the person to be bene- 
 fited." Article 1, sec. 7. 
 
 The provisions of the Revised Statutes relating 
 to private roads, were pronounced unconstitution- 
 al in the case of Taylor v. Porter, 4 Hill, 140. 
 
 The first step in the laying out of a private road, 
 is the application. The commissioners upon receiv- 
 ing the application, should forthwith serve a notice 
 on the town clerk and the persons interested in the 
 road, specifying a time when a jury of the town will 
 be drawn at the office of the clerk, which must be' 
 not less than six, nor more than ten days from the 
 time of service of such notice. At the appointed 
 time, the clerk proceeds to draw from the jury list 
 last filed, in the same manner as is provided for ju- 
 ries in case of a re-assessment, under the fourth sec- 
 tion of chapter 455 of Laws of 1847; and the names 
 so drawn must be certified to, and the jurors sum- 
 moned, drawn and sworn, and all proceedings had, 
 and the verdict made, certified to and filed, in the 
 same manner as is provided in cases of re-assess- 
 ment of damages before mentioned. Laws of 1847, 
 chap. 455, p. 585. 
 
 The jury must determine the necessity of the 
 road, and the amount of damage incident to the 
 opening thereof, and such amount together with 
 the expense of the proceedings, must be paid by 
 the person to be benefited. Laws of 1848, chap. 
 77, p. 8.5.. 1 R. S. 1046, 4th ed. 
 
 Should the jury render a verdict against the lay- 
 ing out of the road, that would be final. If in fa- 
 vor of the road, the commissioners then have the 
 
 power to lay it out. 
 
 33 
 
258 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 The road having been laid out, and the damages 
 paid, its use belongs to the applicant, his heirs and 
 assigns ; but may not be converted to any other 
 purpose but that of a road. 14 John. 383. IB. S. 
 517; 4th ed. 1047. 
 
 The same rules apply in respect to laying a pri- 
 vate road through an orchard or garden, or fixture, 
 that appertain to public highways. (See Appendix, 
 form for notice to town clerk, No. 165. Notice to 
 persons interested, of the drawing of a jury, No. 166. 
 Certificate of the drawing of the jury by clerk, No. 167. 
 Verdict of the jury, No. 169. Certificate of the justice, 
 No. 168. Order laying out private road, No. 171.) 
 
 For any other forms relating to private roads, 
 those used respecting public highways may be 
 readily adapted to private roads. 
 
 The owner may consent to the laying out of a 
 private road, and it seems that such consent will 
 be valid, although not in writing. Baker v. Bra- 
 man, 6 Hill, 47. 
 
 The owner may recover the damages assessed, 
 by action. Id. 
 
 The commissioners should not open the road 
 until after the damages to the owner have been 
 actually paid. 6 Paige; 83. 
 
 Obstructions of highways.] The penalty for obstruct- 
 ing a highway, or any ditch for drawing water 
 therefrom, is five dollars. This penalty relates 
 only to public roads; if a private road is obstruct- 
 ed, the person for whose benefit the private road 
 was laid out, must pursue his remedy against the 
 offender, by action for the damages. Fowler v. 
 Lansing, 9 John. 349. 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 259 
 
 Should the owner of land over which a public 
 highway passes, dig a race across the road to con- 
 duct water to his mill, and bridge the race, and 
 an injury be sustained by any one in consequence 
 of the bridge being out of repair, such owner would 
 be liable in damages to the party aggrieved. Dy- 
 gert v. Schenck, 23 Wend. 446. 
 
 Such owner may dig a race across a public road, 
 but he must restore the road to a travelling condi- 
 tion ; and if any injury occurs, though he uses 
 care to prevent it, he is liable in damages unless 
 the party injured is chargeable with carelessness 
 and negligence himself. Id. 
 
 A plea of title is no bar to an action by commis- 
 sioners, for a penalty for an obstruction of a high- 
 way. Parker v. Van Houten, 7 Wmd. 145. 
 
 The public are entitled to the use and enjoy- 
 ment of the whole of a road, for passing and repas- 
 sing, and no one is at liberty to appropriate a por- 
 tion of it to his own exclusive use, and shield himself 
 from responsibility to the public by saying that 
 enough is still left for the accommodation of oth- 
 ers. Hart v. Mayor of Albany, 9 Wend. 584. 
 
 Hence any obstruction of a public street, for an 
 unreasonable length of time, although in the prose- 
 cution of a lawful business, as in the loading or 
 unloading of wagons, or by stages waiting and so- 
 liciting for passengers, blasting rocks, making ex- 
 cavations, piling up building materials, and the 
 like, are deemed obstructions, making the offender 
 liable to the penalty, and also to indictment. 6 
 East, 427, 9 Wend. 5S4. Hay v. The Cohoes Co., 3 
 Barb. 43. 6 Hill, 292= 
 
260 COMMISSIONERS AND OVERSEERS OP HIGHWAYS. 
 
 Falling trees into road or river, .] , Where a tree is 
 fallen from enclosed land into a highway, any per- 
 son may give notice to the occupant of the land, 
 to remove the same within two days ; if after that 
 time the tree is not removed, the occupant of the 
 land forfeits fifty cents a day, for each day there- 
 after, until the tree is removed. 
 
 Falling trees into any river or stream used as a 
 public highway, and suffering them to remain 
 more than twenty -four hours thereafter, subjects 
 the offender to a penalty of five dollars. 1 R. 8. 
 523; 4th ed., 1051. 
 
 Encroachments.] In that class of roads which have 
 been regularly laid out, if they are encroached 
 upon by fences, the commissioners may order 
 such fences to be removed, to the end that such 
 road may be of the breadth originally intended. 
 The order of the commissioners for that purpose, 
 must be reduced to writing and signed. (Form of 
 order, Appendix, No. 176.) 
 
 They must next give notice to the occupant of 
 the land, to remove his fences within sixty days. 
 (Form of notice, Appendix, No. 177.) 
 
 The notice must specify the breadth of the road 
 originally, the extent of the encroachment, and 
 the place in which the same may be. Care should 
 be taken in drafting this notice. In one case, 
 where the notice describing the encroachment as 
 of "the average width of one rod or upwards," was 
 given, it was held insufficient. A notice direct- 
 ing the removal of a fence, "so that the highway 
 might be of the width originally intended," without 
 stating what the breadth was, was also held de- 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 261 
 
 fective. Mott v. Commissioners of Rush, 2 Hill, 
 472. 
 
 The notice should point out the particular place 
 where the encroachment is. Spicer v. Blade, 9 John. 
 359. 
 
 The commissioners should meet, deliberate, and 
 decide on the encroachment, and give the sixty 
 days' notice, before they can attempt to bring a 
 person in default for not obeying the order. Id. 
 
 Penalty.] If the removal of the encroachment is 
 not made within sixty days after service of the 
 notice, the occupant forfeits fifty cents for every 
 day thereafter, until removed. 
 
 The commissioners have power to remove the 
 encroachment, and collect the expense of the occu- 
 pant. Laws of 1840, chap. 300. 
 
 If the occupant denies the encroachment with- 
 in five days after notice, the commissioners must 
 apply to a justice of the peace, for a precept to 
 summon twelve freeholders. (Form of precept, Ap- 
 pendix, No. 178.) 
 
 The precept should require the freeholders to 
 meet at a time and place, not less than four days 
 after the issuing thereof. The constable serving 
 the precept, must give three days notice to the 
 commissioners, and to the occupant of the land. 
 
 The jury appear, are sworn, and hear the wit- 
 nesses produced. The jury and witnesses are 
 sworn by a justice. (Form of oath, Appendix, No. 
 179. 
 
 Verdict.] If the jury find an encroachment, they 
 make and subscribe a certificate in writing, stating 
 the particulars of the encroachment, and by whom 
 
262 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 made ; which must be filed with the town 
 clerk. 
 
 The occupant- must remove his fences within 
 sixty days after the filing of the verdict, or forfeit 
 the penalty of fifty cents a day. He must also pay 
 the costs within ten days, or in default, the justice 
 must issue his warrant for their collection. {Form of 
 verdict, Appendix, No. 181.) 1 R. S. 522 ; 4th ed., 1051. 
 
 The verdict of the jury is intended as a guide to 
 the person who is convicted of the encroachment, 
 and hence should contain upon its face, so definite 
 a description of the encroachment, that the party 
 may be able to know where and how much to re- 
 move his fences. 22 Wend. 132. 
 
 If the jury find no encroachment, they must 
 ascertain and certify the damages the occupant 
 has sustained by the proceeding, which together 
 with the costs, the commissioners must pay, and 
 charge in their account against the town. Fences 
 are not required to be removed under these pro- 
 ceedings, except between the first days of April 
 and the November following in any year. 
 
 Bridges.] When the commissioners are dissatis- 
 fied with the determination of the board of super- 
 visors of the county, respecting an allowance for 
 bridges, they may apply to the court of sessions to 
 review such determination. Laws of 1847, chap. 
 455. 
 
 The commissioners may put up and maintain 
 at each end of any bridge in the town, which is 
 maintained at the public charge, and the length- 
 of whose chord is not less than twenty-five feet, 
 a notice, with the following words in large 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 263 
 
 characters: " One dollar fine for riding or driving on 
 this bridge faster than a walk" 
 
 Riding or driving on such bridge faster than a 
 walk, subjects the party offending to a penalty of 
 one dollar. 
 
 Whoever injures a bridge maintained at the 
 public charge, forfeits treble the damages for each 
 offence. 
 
 Where adjoining towns are liable to make and 
 maintain bridges over streams dividing such 
 towns, such bridges must be built and repaired 
 at the equal expense of such towns, without refe- 
 rence to the town lines. 
 
 The commissioners of such adjoining towns, may 
 enter into joint contracts respecting the building 
 and repairing of such bridges ; and such contracts 
 may be enforced against such commissioners joint- 
 ly, the same as if entered into by individuals. 
 Laws of 1841, chap. 225. 
 
 For the mode of proceeding in case of neglect of 
 duty on the part of the commissioners of either 
 town, see sees. 3 and 4, of the same laws. 
 
 Trees, to whom they belong.] All trees standing or 
 lying on any land over which any highway may 
 be laid out, shall be for the proper use of the owner 
 or occupant of such land, except such of them as 
 may be requisite to make or repair the highways 
 or bridges on the same land. 
 
 Penalty for injuring trees planted on highway.] Any 
 person owning land adjoining any highway not 
 -less than three rods wide, may plant or set out trees 
 on the side of such highway contiguous to his 
 land '; which trees shall be set in regular rows, at 
 
264 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 a distance of at least six feet front each other. 
 Whoever shall cut down, destroy or injure any 
 tree that has been or shall be so planted or set out, 
 shall be liable in damages to the owner of such 
 adjoining land. 
 
 Penalty for injuring mile boards.'] Whoever shall 
 destroy, remove, injure or deface any mile-board 
 or mileistone, erected on any highway, shall for- 
 feit for every offence the "sum of ten dollars; he 
 shall also be deemed guilty of a misdemeanor, and 
 on conviction shall be fined not exceeding fifty 
 dollars, or imprisoned not exceeding three months, 
 at the discretion of the court. 
 
 Penalty for injuring guide posts.] Whoever shall 
 injure or deface any description affixed to a guide- 
 post erected on any highway, or destroy or injure 
 any such guide-post, shall be liable to all the pen- 
 alties provided in the last preceding section. 
 
 Injuries to road.] Whoever shall injure any high- 
 way, by obstructing or diverting any creek, water- 
 course or sluice, or by drawing logs or timber on 
 the surface of any road or bridge, or by any other act 
 shall, for every such offence, forfeit treble damages. 
 
 The penalties given by title 4, of chapter 15 of 
 part 1 of the Revised Statutes, when not otherwise 
 specially provided for, are to be recovered by the 
 commissioners of highways of the town in which 
 the offence is committed ; the proceeds of which 
 must be applied in improving the roads and bridg- 
 es in such town. 1 R. S. 526 ; 4th ed., 1055. 
 
 Such suits should be in the individual names of 
 the commissioners, with the addition of their of- 
 ficial title. 5 Hill, 215. 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 265 
 
 Fees.] Commissioners of highways are entitled 
 to one dollar a day for their services, while actual- 
 ly and necessarily engaged in the service of the 
 town. 1 R. S. 356; 4th ed., 664. 
 
 Side walks J Side walks may be constructed with- 
 in the bounds of a highway, by persons owning or 
 occupying the adjoining land, and railings erected 
 to protect such walks. Persons guilty of riding or 
 driving a horse or team upon such walk, forfeit 
 for each offence one dollar to the use of the owner 
 or occupant. 1 R. S. 524; 4th ed., 1052. 
 
 Section 3. Overseers of highways, how chosen, and 
 . their powers and duties. 
 
 How chosen.] At the annual town meeting in each 
 town, there must be chosen as many overseers of 
 highways as there are road districts in the town, 
 except in the counties of Suffolk, Queens, Kings, 
 and Richmond : in those counties there may be as 
 many chosen as the electors may determine. 
 
 They may be chosen either by ballot, by ayes 
 and noes, or by the rising or dividing of the elec- 
 tors. Like other town officers they must be elec- 
 tors of their respective towns. 
 
 In case of vacancy, the commissioners of high- 
 ways may appoint. (Form of appointment of overseer 
 of highways, Appendix, No. 110.) The appointment 
 should be filed forthwith in the town clerk's 
 office. 
 
 Only one penalty to be collected.] If such overseer 
 
 when duly elected or appointed, refuses to serve, 
 
 he forfeits to the town the sum of ten dollars, 
 
 which may be collected and appropriated like 
 
 34 
 
266 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 other forfeitures in this chapter. 1 R. S. 347; 
 4th ed., 656. After a person has incurred such a 
 penalty for refusing to serve, it would not he pro- 
 per for the commissioners to appoint him the 
 same year, and should they make such appoint- 
 ment, a second refusal to serve would not subject 
 the party to a second penalty. Haywood v. Wheeler, 
 11 John. 432. 
 
 Acceptance.] Within ten days after notice of his 
 election, or appointment, and before he enters upon 
 the duties of his office, such overseer is required 
 to cause to be filed in the town clerk's office of his 
 town, a notice in writing signifying his acceptance 
 of the office. An omission to file the acceptance, 
 is deemed a refusal to serve. 1 R. S. 345 ; 4th ed., 
 655. 
 
 General duties.] Such overseers are required to 
 repair and keep in order the several highways in 
 the district, to warn all persons assessed to work 
 on the roads to come and work thereon, to cause 
 noxious weeds within the bounds of the highway 
 to be destroyed twice in the year, once before the 
 first of July, and once before the first of Septem- 
 ber, (the requisite labor being considered highway 
 work,) to collect all fines and commutation money, 
 and to execute all lawful orders of the commis- 
 sioners. 
 
 It is made their further duty, once in every 
 month, from the first day of April to the first of 
 December, to cause all the loose stones lying on 
 the beaten track of every road in their district, to 
 be removed, and to cause the monuments erected 
 or to be erected as the boundaries of highways, to 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 267 
 
 be kept up and renewed, so that the extent of 
 such roads may be publicly known. 
 
 When the labor assessed is deemed insufficient 
 by them to keep the road in their district in re- 
 pair, they may make another assessment on the 
 actual residents in the district, in the same pro- 
 portion as near as may be, not exceeding one-third 
 of the days already assessed ; the labor thus assess- 
 ed must be performed in the same manner as if it 
 had been assessed by the commissioners. 1 R. S. 
 503; 4th ed., 1031.' 
 
 Overseer to remove obstructions.] It is the duty of 
 the overseer to remove obstructions from the high- 
 ways without being specially directed by the com- 
 missioners, and for a refusal or neglect, he forfeits 
 the penalty often dollars. 11 Wend. 667. 
 
 AVhere an individual or a corporation, have a 
 fixed and certain duty assigned to them, of a 
 merely ministerial character, and the means 
 placed at their disposal sufficient for its perform- 
 ance, they are under obligation to perform it, at 
 the risk of being made to answer for the conse- 
 quences of their neglect. Hutson v. City of New- 
 York, 5 Sandford, 289. 
 
 The duty of the overseer in regard to the per- 
 formance of highway labor, is regulated so min- 
 utely by the statute, that a substantial transcript 
 therefrom, is deemed nearly all that will be ne- 
 cessary in that respect. 
 
 Notice to work, and where to be done.] It is the duty 
 of the overseers of highways, to give at least 
 twenty-four hours' notice to all persons assessed to 
 work on the highways, and residing within the 
 
268 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 limits of their respective districts, of the time and 
 place when and where they are to appear for that 
 purpose, and with what implements ; but no per- 
 son, 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 elects to work in 
 some district where he has any land ; and in such 
 case he may, with the approbation of the commis- 
 sioners of highways, apply the work assessed in 
 respect to such land, in the district where the 
 same is situated. 
 
 Notice to non-residents.'] It is the duty of the' sev- 
 eral overseers 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 of the time 
 when and the place where the labor is to be per- 
 formed ; which notice must be given at least five 
 days previous to the time appointed. 
 
 If the overseer cannot ascertain that such 
 non-resident has an agent within such'town, he 
 must 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 descrip- 
 tion of the tracts of land comprised in his list, to- 
 gether with the number of day's labor assessed on 
 each tract, and a specification of the time when 
 and place where such labor is to be performed ; 
 which notice must be posted at least twenty days 
 before the time appointed for performing such la- 
 bor. 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 269 
 
 Commutation for. work.] Every person liable .to 
 work on the highways, roust work the whole 
 number of days for which he shall have been as- 
 sessed ; but every such person, other than an 
 overseer, may elect to commute for the same, or 
 for some part thereof, at the rate of sixty-two arid 
 a half cents for each day ; in which case such 
 commutation money must be paid to the overseer 
 of highways of the district in which the person 
 commuting resides, to be applied and expended 
 by such overseer in the improvement of the roads 
 and bridges in the same district. 
 
 When to be paid.] Every person intending to com- 
 mute for his assessment, or for any part thereof" 
 must within twenty-four hours after he shall be 
 notified to appear and work on the* highways, pay 
 the commutation money for the work required of 
 him by such notice; and the commutation is not 
 to be considered as complete, until such money 
 be paid. 
 
 Teams, $-c] Every overseer of highways has 
 power to require a team ; or a cart, wagon or plow, 
 with a pair of horses or oxen, and a man to man- 
 age them; from any person having the same with- 
 in his district, who is assessed three days or more, 
 and who has not commuted for his assessment ; 
 and the person furnishing the same upon such re- 
 quisition, is entitled to a credit of three days for 
 each day's service therewith. 
 
 Substitute's hours to work.] Every person assessed 
 to work on the highways, and warned to work, 
 may appear in person, or by an able bodied man 
 as a substitute ; and the person or substitute so 
 
270 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 appearing, must actually work eight hours in each, 
 day, under the penalty of twelve and a half cents 
 for every hour such person or substitute is in de- 
 fault, to be imposed as a fine on the person assess- 
 ed. 
 
 Penalty for neglect, $-c] If any such person or his 
 substitute shall, after appearing, remain idle, or 
 not work faithfully, or hinder others from work- 
 ing, such offender, for every offence, forfeits the 
 sum of one dollar. 
 
 Penalties for not working, $r.] Every person so as- 
 sessed and duly notified, who does not commute, 
 and who refuses or neglects to appear as above 
 provided, forfeits, for every day's refusal or neg- 
 lect, the sum of one dollar. If he was required to 
 furnish a team, carriage, man or implements, and 
 refuses or neglects to comply, he shall be fined as 
 follows : 
 
 1. For wholly omitting to comply with such 
 requisition, three dollars for each day : 
 
 2. For omitting to furnish a cart, wagon or 
 plough, one dollar for each day : 
 
 3. For omitting- to furnish a pair of horses or 
 oxen, one dollar for each day : 
 
 4. For omitting to furnish a man to manage a 
 team, one dollar for each day. 
 
 Complaints how made.] It is the duty of every 
 overseer of highways, Avithin six days after any 
 person so assessed and notified, shall be guilty of 
 any refusal or neglect for which a penalty or fine 
 is above prescribed, unless a satisfactory ex- 
 cuse is rendered to him for such refusal or neg- 
 
COMMISSIONERS AND OVERSEERS OP HIGHWAYS. 271 
 
 lect, to make complaint on oath, to one of the jus- 
 tices of the peace of the town. 
 
 Proceedings.] The justice to whom such com- 
 plaint is made, must forthwith issue a summons, 
 directed to any constable of the town, requiring 
 him to summon such delinquent to appear forth- 
 with before such justice, at some place to be spe- 
 cified in the summons, to shew cause why he 
 should not be fined according to law for such re- 
 fusal or neglect ; which summons must be served 
 personally, or by leaving a copy at his personal 
 abode. 
 
 If, upon the return of such summons, no suffi- 
 cient cause be shown to the contrary, the justice 
 must impose such fine as is provided in this chap- 
 ter for the offence complained of, and shall forth- 
 with issue a warrant under' his hand and seal, 
 directed to any constable of the town where 
 such delinquent may reside, commanding him to 
 levy such fine, with the costs of the proceed- 
 ings, of the goods and chattels of such delin- 
 quent. 
 
 The constable to whom such warrant is direct- 
 ed, must forthwith collect the moneys therein 
 mentioned. He must pay the fine when collect- 
 ed, to the justice who issued the warrant, who is 
 required to pay the same to the overseer who en- 
 tered the complaint, to be by him expended in im- 
 proving the roads and bridges in the district of 
 which he is overseer. 
 
 Penalties to be set off.] Every penalty collected for 
 a "refusal or neglect to appear and work on the 
 highways, must be set off against the assessment 
 
272 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 upon which it was founded, estimating every dol- 
 lar collected as a satisfaction for one day's work. 
 
 Excuses.] The acceptance by an overseer of any 
 excuse for refusal or neglect, does not, in any case, 
 exempt the person excused from commuting for, 
 or working, the whole number of days for which 
 he may have been assessed during the year. 
 
 Proceedings to collect non-resident labor unpaid.] 
 Every overseer of highways is required, on or be- 
 fore the first day of October, in each year, to make 
 out and deliver to the supervisor of his town, a 
 list of all the lands of non-residents, and of per- 
 sons unknown, which were taxed on his lists, on 
 which the labor assessed by the commissioners of 
 highways has not been paid, and the amount of 
 labor unpaid ; and previous to delivering such list, 
 must make and subscribe an affidavit thereon, be- 
 fore some justice of the peace of such town, that 
 he has given the notice above mentioned, and 
 that the labor for which such land is returned has 
 not been performed. 
 
 Proceedings, $-c] If any overseer refuse or neg- 
 lect to deliver such list to the supervisor, or re- 
 fuse or neglect to make the affidavit as therein 
 directed, he, for every such offence, forfeits the 
 sum of five dollars, and also the amount of tax or 
 taxes for labor remaining unpaid, at the rate of 
 sixty-two and a half cents for each day ; to be re- 
 covered by the commissioners of highways of the 
 town, and to be applied by them in making and 
 improving the roads and bridges in such town. 
 
 (For the duty of the supervisor and the boards of super- 
 visors respecting such list, see chaps. 1 and 2, ante.) 
 
COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 273 
 
 Annual return of overseers.] Every overseer of high- 
 ways shall, on the second Tuesday next preceding 
 the time of holding the annual town meeting in 
 his town, within the year for which he is elected 
 or appointed, render to one of the commissioners 
 of highways of the town, an account in writing, 
 verified by his oath, (which the commissioners of 
 highways are authorised to administer,) and con- 
 taining, 
 
 1. The names of all persons assessed to work on 
 the highways in the district of which he is over- 
 seer : 
 
 2. The names of all those who have actually 
 worked on the highways, with the number of days 
 they have so worked : 
 
 3. The names of all those who have been fined, 
 and the sums in which they have been fined : 
 
 4. The names of all those who have commuted, 
 and the manner in which the monies arising from 
 fines and commutations have been expended by 
 him : 
 
 5. A list of all lands which he has returned to 
 the supervisor for non-payment of taxes, and the 
 amount of tax on each tract of land so returned. 
 
 To pay over moneys.] Every such overseer must 
 also then and there pay to the commissioner, all 
 monies remaining in his hands unexpended, to be 
 applied by the commissioners in making and im- 
 proving the roads and bridges in the town, in such 
 manner as they may direct. 
 
 Penalty, how collected.] If any overseer shall re- 
 fuse or neglect to render such account, or if having 
 rendered the same, he shall refuse or neglect to 
 35 
 
274 COMMISSIONERS AND OVERSEERS OF HIGHWAYS. 
 
 pay any balance which may then be due from him, 
 he, for every such offence, forfeits the sum of five 
 dollars, to be recovered with the balance of moneys 
 remaining in his hands, by the commissioners of 
 highways of the town, and to be applied in making 
 and improving the roads and bridges. It is the 
 duty of the commissioners of highways to prose- 
 cute for such penalty in every instance in which 
 no return is made. 
 
 Reassessment in case of neglect] Whenever it ap- 
 pears from the annual return of any overseer of 
 highways, made as above directed, that any per- 
 son Who was assessed to work on the highways, 
 (other than non-residents,) has neglected to work 
 the whole number of days to him assessed, and 
 has not commuted for or otherwise satisfied such 
 deficiency, then it is the duty of the commission- 
 ers of highways to reassess such deficiency to the 
 person so delinquent, at the next assessment of 
 work for highway purposes, and .to add to it his 
 annual assessment. 
 
 Such reassessment does not exonerate any over- 
 seer of highways from any penalty which he may 
 have incurred. 
 
 The names of persons left out of the highway 
 lists as prepared by the commissioners, together 
 with the names of new inhabitants, must be added 
 by the overseers, and rated in proportion to their 
 property as the commissioners have rated others, 
 subject to an appeal to the commissioners. 1 R. 
 S. 507; Athed., 1035. 
 
 For the several forms to be used by the over- 
 seer of highways, see Appendix, as follows : 
 
OP THE TOWN SUPERINTENDENT, 275 
 
 Overseer's list of persons in Ms district, No. 111. 
 Additional assessment, No. 114. 
 Notice as to non-resident lands, No. 117. 
 Complaint against a person refusing to work, No. 118. 
 For not furnishing a team, No. 119. 
 List of non-resident lands, #-c, to be delivered to super- 
 visor, No. 121. 
 
 Affidavit to attach, No. 122. 
 Annual account of overseers, No. 123. 
 
 CHAPTER IX. 
 
 OF THE TOWN SUPERINTENDENT. 
 
 The statute designation of this officer is " town 
 superintendent of common schools." He is elect- 
 ed at an annual town meeting, like other town 
 officers. 
 
 He holds his office for two years, and until a 
 successor has been duly elected, taken the oath of 
 office, and filed his official bond. While acting in 
 this capacity, he is ineligible to the office of super- 
 visor or town clerk. 
 
 Bond.] Before the first Monday of November 
 succeeding his election, he must execute a bond, 
 with one or more sufficient sureties, to the super- 
 visor of his town, to be approved by the supervi- 
 sor, with a penalty in double the amount of all 
 school moneys received by his town from all 
 sources during the preceding year, and condition- 
 ed for the faithful disbursement of all the school 
 moneys coming into his hands during his term of 
 
276 Or THE TOWN SUPERINTENDENT. 
 
 office, and for the faithful discharge of all the du- 
 ties of his office. (Form of bond, Appendix, No. 26.) 
 The omission to have such bond with the written 
 approval of the supervisor thereon endorsed, actu- 
 ally filed with the town clerk before the first Monday of 
 November, renders the office vacant. 
 
 Vacancy.] A vacancy from that cause or any 
 other, in this office, may be filled by an appoint- 
 ment made by three justices of the peace of the 
 same town. (Form of appointment, Appendix, No. 25.) 
 
 Duties generally.] It is his duty, 
 
 1. To divide the town into a convenient num- 
 ber of school districts, and to regulate and alter 
 such districts as hereinafter mentioned : 
 
 2. To set off by itself any neighborhood in the 
 town adjoining to any other state of this Union, 
 where it has been usual or shall be found con- 
 venient for such neighborhood to send their child- 
 ren to a school in such adjoining state : 
 
 3. To describe and number the school districts, 
 and to deliver the description and numbers there- 
 of, in writing, to the town clerk, immediately after 
 the formation or alteration thereof. 
 
 The description should be as accurate as is re- 
 quired in deeds of real estate. It should describe 
 the territory by metes and bounds, so that any sur- 
 veyor could run the lines. Where the boundaries 
 of a district are in doubt, the superintendent should 
 make an order reciting the fact and declaring that 
 such district " is described," and if the description 
 involve any alteration, " is hereby altered so that the 
 boundaries thereof shall be as follows, viz." He 
 should procure and file with this order the written 
 
OF THE TOWN SUPERINTENDENT. 277 
 
 assent of the trustees of all the districts adjoining 
 the disputed or doubtful lines. If this assent is 
 refused he should give written notice that such or- 
 der so far as it may involve any alteration of their 
 district will take effect at the expiration of three 
 months. Before making any alteration of a dis- 
 trict, the superintendent should give the trustees a 
 written notice of his intention to do so by a given 
 day unless they associate the town clerk and su- 
 pervisor with him. 
 
 4. To deliver to such town clerk a description 
 of each neighborhood, adjoining to any other State, 
 set off by itself: 
 
 5. To apply for and receive from the county 
 treasurer all moneys apportioned for the use of 
 common schools in his town, and from the col- 
 lector of the town, all moneys raised therein for 
 the same purpose, as soon as such moneys shall 
 become payable, or be collected : 
 
 6. To apportion the school moneys received on 
 the first Tuesday of April, in each year, among the 
 several school districts, parts of districts and neigh- 
 borhoods separately set off, within the town, in 
 proportion to the number of children residing in 
 each, over the age of four and under that of twen- 
 ty-one years, as the same shall have appeared from 
 the last annual reports of their respective trustees. 
 
 The superintendent may call upon trustees 
 to correct a report in regard to children whom he 
 deems improperly included, but he cannot decline 
 to make an apportionment if they refuse to modify 
 it, nor can he base the apportionment upon what 
 he may deem the true state of facts. The report 
 
278 OF THE TOWN SUPERINTENDENT. 
 
 controls. If the trustees have wilfully signed a 
 false report, they are liable to a penalty of $25. 
 The duty of the town superintendent in the 
 apportionment of school moneys is restricted to 
 that portion thereof which has not already been 
 apportioned by the state superintendent. The 
 latter is required to divide one third of those mo- 
 neys equally among all the districts of the state, 
 irrespective of their population, except in regard 
 to the few " separate neighborhoods" which are 
 attached to districts in adjoining states. The share 
 of these " separate neighborhoods" in this one-third is 
 thirty-three cents for each child between four and 
 twenty-one years of age. The share of each whole 
 district is this year $29 . 77 T \. The state superin- 
 tendent assigns to each town so many times this 
 sum as there are whole districts therein, and parts of 
 joint districts, the school houses of which are in such 
 town. For instance the town of Lima in Living- 
 ston county, has six districts wholly in said town. 
 It has also part of joint district No. 2, on which is 
 the school house, the other parts of such district 
 lying in the town of Bloomfield and Mendon, and 
 three other parts of districts also containing the 
 school house, in all, four. The state superintend- 
 ent therefore assigns to the town of Lima $297 . 73, 
 which is paid over to the superintendent of Lima, 
 not to be apportioned, but simply to be held and 
 paid to the amount of $29 . 77 on the orders of the 
 trustees of each of such districts. A district lying 
 partly in Lima and partly in Avon, but having its 
 school house in Avon, will find its $29.77 in the 
 hands of the superintendent of the latter town. If 
 
OF THE TCTWN SUPERINTENDENT. 279 
 
 either of the districts reported on the preceding first 
 day of July as having its school house in Lima has 
 been annulled, it is the duty of the superintendent 
 to return the $29 . 77 apportioned for it, to the de- 
 partment of public instruction. If on the other 
 hand by an error of the town superintendent or of 
 the county clerk, a less number of districts have 
 been reported than actually existed and had their 
 school houses in the town on the preceding 1st of 
 July, the superintendent should make a statement 
 of the facts to the department of public instruction 
 to the end that such district may be credited with 
 $29 . 77, to be paid with the apportionment of the 
 succeeding year. The amount of the district quo- 
 ta of course varies with the number' of districts in 
 the state from year to year, and may be less than 
 $29 . 77 in 1856, but it is the same in each district 
 and has no relation to the population or number 
 of pupils therein. 
 
 The remainder of the school moneys is assigned 
 by the state superintendent to the several towns, 
 in proportion to their entire population as ascer- 
 tained by the last preceding state or federal cen- 
 sus. $55,000 of this money is appropriated by law 
 to the increase of the district libraries, and is there- 
 fore apportioned separately but upon the same ba- 
 sis of population, and is designated library money. 
 The town superintendent is required to re-appor- 
 tion the money destined for teachers' wages among 
 the several districts, parts of districts and. "sepa- 
 rate neighborhoods" in his town, in the ratio of the 
 number of children in each between the ages of four 
 and twenty-one. The town receives an amount 
 
280 OF THE TOWN SUPERINTENDENT. 
 
 augmented by the population of the separate neigh 
 borhoods, and the latter have the same right to ai 
 apportionment as any other "parts of districts," witl 
 the exception of the library money. This is appor 
 tioned separately among the districts and parts o 
 districts, excluding the separate neighborhoods. 
 
 7. If he shall have received the school money 
 of the town, and all the reports from the severa 
 school districts therein, before the first Tuesday o: 
 April, he must apportion such moneys as above 
 directed, within ten days after receiving all of tht 
 said reports and moneys: 
 
 8. To sue for and collect, by his name of office 
 all penalties and forfeitures imposed by the schoo' 
 laws, and in respect to which no other provision 
 is made, which shall be incurred by any officer oi 
 inhabitant of his town, and after deducting his 
 costs and expenses, to add the sums recovered tc 
 the school moneys received by him, to be appor- 
 tioned and paid in the same manner. 
 
 When to withhold moneys.] In making the appor- 
 tionment of moneys among the several school dis- 
 tricts, no share can be allotted to any district, pari 
 of a district, or separate neighborhood, from which 
 no sufficient annual report has been received, foi 
 the year ending on the last day of December, im- 
 mediately preceding the apportionment. 
 
 Teachers' and library money to be designated.] In 
 making the apportionment of public money, the 
 town superintendent must designate the respec- 
 tive proportions of teachers' and library money 
 belonging to each district, and pay over as much 
 as is designated teachers' money, on the written 
 
OF THE TOWN SUPERINTENDENT. 281 
 
 order of a majority of the trustees of each district, 
 to the teachers entitled to receive the same, that 
 is to teachers possessing a regular certificate, and 
 for services rendered since the first of January- 
 preceding. 
 
 No moneys can be apportioned and paid to any 
 district or part of a district, unless it appears by 
 such report that a school had been kept therein 
 for at least six months during the year ending at 
 the date of such report, by a qualified teacher ; 
 that no other than a duly qualified teacher has at 
 any time during the year for more than onemonth 
 been employed to teach the school in said district ; 
 and that all moneys received during that year 
 have been applied to the payment of the compen- 
 sation of such teacher ; and no portion of the 
 library money can be apportioned or paid to any 
 district or part of a district, unless it appears from 
 the last annual report of the trustees that the 
 library money received at the last preceding ap- 
 portionment was duly expended according to law, 
 on or before the first day of October subsequent to 
 such apportionment. 
 
 Who deemed a qualified teacher.] Every teacher shall 
 be deemed a qualified teacher, who shall hold a 
 certificate dated within one year, from the town 
 superintendent for the town in which such teacher 
 shall be employed, or who shall have in posses- 
 sion a state or county certificate of qualification, 
 or a diploma from the State Normal School. Town 
 superintendents during their continuance in office, 
 are deemed qualified to teach. 1 R. S. 886, 
 
 4th ed. 
 
 36 
 
282 OP THE TOWN SUPERINTENDENT. 
 
 No part of such moneys must be apportioned or 
 paid to any separate neighborhood adjoining an- 
 other State, unless it appears from the report of 
 its trustees that all moneys received by them du- 
 ring the year ending at the date of such report 
 have been faithfully applied, in paying for the in- 
 struction of children residing in such neighbor- 
 hood. 
 
 Apportionments to be ordered in certain cases of omis- 
 sion.'] Whenever an apportionment of the public 
 money is not made to any school district, in con- 
 sequence of any accidental omission to make any 
 report required by law, or to comply with any 
 other provision of law, or any regulation, the state 
 superintendent may direct an apportionment to be 
 made to such district, according to the equitable 
 circumstances of the case, to be paid out of the 
 public money on hand ; or if the same shall have 
 been distributed, out of the public money to be 
 received in a succeeding year. 
 
 Applications to the superintendent for the exer- 
 cise of this power, must be founded upon affida- 
 vits detailing the facts which excuse the delin- 
 quency, with precision in respect to dates, num- 
 bers, etc. 
 
 Extent of above provision.] The above provision ex- 
 tends to all cases where a school district has been 
 formed at such time previous to the first day of 
 January, as not to allow a reasonable time to have 
 a six month ts school kept therein. 
 
 Moneys remaining in the hands of superintendents, hoio 
 disposed of.] All moneys apportioned by the town 
 superintendent, to the trustees of a district, part 
 
OP THE TOWN SUPERINTENDENT. 283 
 
 of a district, or separate neighborhood, which have 
 remained in his hands for one year after such ap- 
 portionment, by reason of the trustees neglecting 
 or refusing to receive the same, must be added to 
 the moneys next thereafter to be apportioned by 
 him, and apportioned and paid therewith in the 
 same manner. 
 
 Money on hand for two years to be returned.'] Incase 
 any school moneys received by the superintendent 
 cannot be apportioned by him, for the term of two 1 
 years, after the same are received, by reason of 
 the non-compliance of all the school districts in 
 his town with the provisions of this title, such 
 moneys must be returned by him to the county 
 treasurer, to be by him apportioned and distribu- 
 ted, together and in the same manner with the 
 moneys next thereafter to be received by him for 
 the use of common schools. 
 
 Report to be made yearly to county clerk.'] It is the 
 duty of the town superintendent in each town, be- 
 tween the first day of July and the first day of 
 August in each year, to make and transmit to the 
 county clerk a report in writing, bearing date on 
 the first day of July, in the year of its transmission, 
 and stating, 
 
 Number of districts.] 1. The whole number of 
 school districts and neighborhoods separately set 
 off within the town : 
 
 Districts, parts and neighborhoods.] 2. The districts, 
 parts of districts and neighborhoods from which 
 reports shall have been made to him, or his im- 
 mediate predecessor in office, within the time 
 limited for that purpose : 
 
284 OF THE TOWN SUPERINTENDENT. 
 
 Time a school has been kept, .] 3. The length of time 
 a school shall have heen kept in each of such dis- 
 tricts or parts of districts, distinguishing what por- 
 tion of that time the school shall have been kept 
 by qualified teachers: 
 
 Moneys received.] 4. The amount of public moneys 
 received in each of such districts, parts of districts 
 and neighborhoods : 
 
 Childrentaught.] 5. The number of children taught 
 in each, and the number of children over the age 
 of four and under twenty-one years, residing in 
 each : 
 
 Whole amount of moneys received.] 6. The whole 
 amount of moneys received by him, or his prede- 
 cessor in office, during the year ending at the date 
 of such report, and since the date of the last pre- 
 ceding report ; distinguishing the amount received 
 from the county treasurer, from the town collector, 
 and from any other and what source : 
 
 How expended.] 7. The manner in which such 
 moneys have been expended, and whether any, 
 and what part remains unexpended, and for what 
 cause : 
 
 Amount paid for teachers' wages, taxes levied, $-c] 8. 
 The amount of money paid for teachers' wages, in 
 addition to the public money paid therefor, the 
 amount of taxes levied for purchasing school- 
 house sites, for building, hiring, purchasing, re- 
 pairing and insuring school-houses, for fuel and 
 supplying deficiencies in rate bills, for district li- 
 braries, or for any other purposes allowed by law, 
 in the districts, parts of districts and neighbor- 
 hoods, from which reports shall have been received 
 
OF THE TOWN SUPERINTENDENT. 285 
 
 by him or his immediate predecessor in office, 
 with such other information as the state superin- 
 tendent may from time to time require, in relation 
 to the districts and schools within his town. 
 
 Penalty and consequence of neglect, .] A neglect to 
 furnish the above information, renders the super- 
 intendent liable to a penalty of ten dollars, to be 
 sued for by the supervisor, for the use of schools. 
 Besides, the superintendent of public instruction 
 may in his discretion, withhold the share of school 
 moneys apportioned to such town for the ensuing 
 year, and distribute the same among other towns 
 in the same county, from which the necessary re- 
 ports may ha^e been received. 
 
 When such share of the moneys is lost to the 
 town by reason of such neglect, the town superin- 
 tendent offending, and his sureties, are liable for 
 the full amount so lost, with interest. 
 
 To keep account.] The town superintendent in 
 each town, must keep a just and true account of 
 all school moneys received and expended by him 
 during each year for which he shall have been 
 chosen, and lay the same before the board of au- 
 ditors of town accounts at the annual meeting of 
 such board, in each year. 
 
 Give same to successors.] He must, within fifteen 
 days 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, be- 
 fore the time of rendering such account, and of 
 the manner in which the same has been appro- 
 priated and expended by him ; and the account 
 so rendered must be delivered by such successor 
 
286 OP THE TOWN SUPERINTENDENT. 
 
 in office to the town clerk, to be filed and record- 
 ed in his office. 
 
 Must pay balance.] On rendering such account, if 
 any balance is found remaining in his hands, the 
 same must immediately be paid by him to his 
 successor in office. 
 
 If appropriated', to be paid accordingly.] If such bal- 
 ance, or any part thereof, has been appropriated 
 by him to any particular school district, part of a 
 district or separate neighborhood, and shall re- 
 main in his hands for the use thereof, a statement 
 of such appropriation must be made in the ac- 
 count so to be rendered, and the balance paid to 
 such successor in office, must be paid over by him, 
 according to such appropriation. 
 
 In order to comply with these requirements of 
 the statute, the superintendent should keep a reg- 
 ular book account with each district under his 
 charge, which he should hand over to his succes- 
 sor in office, to be continued by the latter. The 
 account with each district should be continuous 
 and not interrupted with every change in the offi- 
 cer. 
 
 Successors to prosecute.] Such successor in office 
 may bring a suit in his name of office for the re- 
 covery, with interest, of any unpaid -balance of 
 school moneys, that appears to have been in the 
 hands of any previous town superintendent on 
 leaving his- office, either by the accounts rendered 
 by such town superintendent, or by other suffi- 
 cient proof, and in case of the death of such town 
 superintendent, such suit may be brought against 
 his representatives. 
 
OF THE TOWN SUPERINTENDENT. 287 
 
 Corporation.] The town superintendent in each 
 town, has the powers and privileges of a corpora- 
 tion, so far as to enable him to take and hold any 
 property transfered to him for the use of common 
 schools in such town. 
 
 His pay.] He is entitled to receive one dollar 
 and twenty-five cents per day, for every day ac- 
 tually and necessarily devoted .by him in his offi- 
 cial capacity to the service of his town ; to be 
 paid as other, town officers are paid. 
 
 Oaths relating to schools.] He is authorized to ad- 
 minister oaths in all cases relating to school dis- 
 trict affairs, and controversies, except in judicial 
 proceedings ; but not to charge any fees for the 
 same. 
 
 Vacancy and term of office.] When appointed by 
 the justices of the peace, he holds his office until 
 the first Monday of November, following the next 
 annual town meeting ; and when the office be- 
 comes vacant for any cause, or before the time of 
 the annual town meeting is held by a person so 
 appointed, the electors at such town meeting, 
 must chose a town superintendent to fill such 
 vacancy, or to supercede such appointee, and 
 the person so elected enters upon the duties 
 of the office on the first Monday of November, 
 following his election, and holds for two years. 
 Laws of 1849, chap. 382, p. 537. 1 R. S. 889, 4th 
 ed. 
 
 Removal.] He may be removed from office by the 
 superintendent of public instruction, for embezzle- 
 ing the public money, or any wilful violation of 
 law, or for refusing to obey the orders and deci- 
 
288 OP THE TOWN SUPERINTENDENT. 
 
 sions of the state department of public instruc- 
 tion. 
 
 Inspection and supervision.] He is the inspector of 
 common schools of his town. 
 
 Duty as to teachers.] It is his duty to examine all 
 persons offering themselves as candidates for teach- 
 ing common schools in such town. In making 
 such examination, it is his duty to ascertain the 
 qualifications of the candidate, in respect to moral 
 character, learning and ability. If he is satisfied 
 in respect to the qualifications of the candidate, 
 he delivers to the person so examined, a certifi- 
 cate signed by him, in such form as shall be pre- 
 scribed by the superintendent of public instruction. 
 {Form of certificate, Appendix, No. 188.) He may 
 annul any certificate given by him or his prede- 
 cessors in office, when he thinks proper, giving at 
 least ten days' previous notice in writing to the 
 teacher holding it, and to. the trustees of the dis- 
 trict in which he may be employed, of his inten- 
 tion to annul the same. When defects in moral 
 character are the ground for annulling a certificate, 
 the superintendent should furnish the teacher 
 with a copy of the charges against him, and a 
 specification of the facts relied on to support them. 
 The teacher is to have the opportunity of cross- 
 examining the witnesses, and of presenting testi- 
 mony in support of his defence. Whenever he 
 deems it necessary, he may require a re-examina- 
 tion of all or any of the teachers in his town, for 
 the purpose of ascertaining their qualifications to 
 continue as such teachers. The annulling of a 
 certificate does not disqualify the teacher to whom 
 
OP THE TOWN SUPERINTENDENT. 289 
 
 it was given, until a note in writing thereof, con- 
 taining the name of the teacher, and the time 
 when the certificate was annulled, is made hy the 
 town superintendent, and filed in the office of the 
 town clerk. (Form annulling certificate, Appendix, No. 
 189.) When a district is composed of parts of two 
 or more towns, the town superintendent of the 
 town in which the school house of stich district 
 may be situated, must examine into and certify 
 the qualifications of any teacher offering to teach 
 in such district, in the same manner as is above 
 provided, and may also in the same manner annul 
 the certificate of such teacher; and no school- 
 house may be erected so as to stand on the divi- 
 sion lines of any two or more towns. 
 
 To visit schools.] He must visit all such common 
 schools, within his town, as shall be organized 
 according to law, at least twice a year, and oftener 
 if he shall deem it necessary. 
 
 Must examine, fyc] At such visitation, he must 
 examine into the state and condition of such 
 schools, both as respects the progress of the scho- 
 lars in learning, and the good order of the schools ; 
 and may give his advice and direction to the trus- 
 tees and teachers of such schools as to the gov- 
 ernment thereof, and the course of studies to be 
 pursued therein. 
 
 Formation and alteration of districts.] In the erec- 
 tion or alteration of a school district, the trustees 
 of any district to be affected thereby, may apply 
 to the supervisor and town clerk to be associated 
 with the town superintendent; and -their action 
 37 
 
290 OP THE TOWN SUPERINTENDENT. 
 
 will be final unless duly appealed from ; the com- 
 pensation of the supervisor and town clerk when 
 thus associated, is the same as that of the town 
 superintendent. (Form altering a district, Appendix, 
 No. 190.) 
 
 Who may form and regulate joint districts.] When- 
 ever it may become necessary or convenient to 
 form a district out of two or more adjoining towns, 
 the town superintendent of each of such adjoin- 
 ing towns, or the major part of them, may form, 
 regulate and alter such district. 
 
 When alterations to take effect.] No alteration of any 
 school district, made v without the consent of the 
 trustees thereof, can take effect until three months 
 after notice, in writing, is given by the town su- 
 perintendent, to some one or more of such trus- 
 tees; nor can any alteration or regulation of an 
 organized school district be made to take effect 
 between the first day of December in any one year, 
 and the first day of May following. 
 
 Joint meeting of town superintendents.] If the town 
 superintendent in any town, shall require by notice 
 in writing, the attendance of the town superintend- 
 ents of any other town or towns at a joint meeting 
 for the purpose of altering a school district formed 
 from their respective towns, and a major part of 
 the town superintendents notified, refuse or neg- 
 lect to attend, the town superintendents attending, 
 by a majority of votes, may call a special district 
 meeting of such district, for the purpose of deci- 
 ding on such proposed alteration ; and the decision 
 of such meeting will be as valid as if made by the 
 town superintendents of all the towns interested, 
 
OF THE TOWN SUPERINTENDENT. '291 
 
 but will extend no further than to dissolve the dis- 
 trict formed from such, towns. 
 
 Moneys belonging to districts that are annulled,'] When 
 there are moneys in the hands of the officers, of a 
 district that is or may be annulled, or belonging to 
 such district, the town superintendent of the town 
 may demand, sue for and recover the same, in his 
 name of office, and is required to apportion the 
 same equitably between the districts to which the 
 several portions of such annulled district may have 
 been annexed, to be held and enjoyed as district 
 property. 
 
 "Where an alteration of school districts, made by 
 the proper officers, affected three districts, and the 
 trustees of two of the districts consented to the al- 
 teration, but the trustees of the other district did 
 not consent, it was held that the alteration took 
 effect immediately as to those districts whose trus- 
 tees consented. Williams v. Larkin, 3 Denio, 114. 
 
 Consolidated districts.] Where two or more dis- 
 tricts are consolidated into one, the new district 
 succeeds to all the rights of property possessed by 
 the districts of which it shall be composed, and 
 when a district is annulled and portions annexed 
 to other districts, the property of the district so an- 
 nulled must be sold by the town superintendent 
 of the town in which the school house is located, 
 at public auction, to the highest bidder, after at 
 least five days notice posted in three or more 
 public places in said town, one of which must be 
 within the district so annulled, and the proceeds 
 of such sale must be first applied so far as requi- 
 site, to the payment of any just debts due from the 
 
292 OP THE TOWN SUPERINTENDENT. 
 
 district so annulled, and the residue must be ap- 
 portioned among the taxable fnhabitants of the dis- 
 trict so annulled, in the ratio of their several as- 
 sessments upon the last assessment roll of the town. 
 Laws of 1849, chap. 382. 1 R. S. 892, Mh ed. 
 
 Formation of a district.] Upon the formation of a 
 district, it becomes the duty of the town superin- 
 tendent within twenty days to prepare a notice in 
 writing, describing the district, and appointing a 
 time and place for the first district meeting, and 
 to deliver such notice to a taxable inhabitant of 
 the district, to be served on each and all of the 
 other inhabitants who are qualified to vote. If for 
 any cause the notice is not served properly, it may 
 be renewed by the town superintendent. Should 
 there be any irregularity in the service of this no- 
 tice, still, if the district should in good faith pro- 
 ceed and elect their officers, the officers would be 
 protected in the discharge of their duty, notwith- 
 standing such irregularity or any other mere irregu- 
 larity in the formation of a district. 5 Wend. 170; 
 Also 5 id. 231. 9 Wend. 35; 7 id. 341. 
 
 They may give their consent to the levying of a 
 tax upon school districts. They may also order 
 any inhabitant of a district, qualified to vote at a 
 district meeting, to notify the inhabitants of a spe- 
 cial meeting. They have authority also to order 
 special school meetings. 
 
 However urgent the necessity for a systematic 
 compilation of the law affecting common schools, 
 it will be readily seen that it could not be embra- 
 ced within the design of this work. Such an un- 
 dertaking would embrace a volume in itself. 
 
OF INSPECTORS OV ELECTION. 293 
 
 The town superintendent will find his duties so 
 interwoven with those of the trustees of school 
 districts, that it will become necessary for him to 
 familiarize himself with the law relating to their 
 duties as well as his own. (For other forms see Ap- 
 pendix, Nos. 191, 192 and 193.) 
 
 CHAPTER X. 
 
 OF INSPECTORS OF ELECTION. 
 
 Section I. Of their election.and their powers and duties in conducting 
 elections. 
 2. Their duty in respect to canvassing votes and certifying the 
 same. 
 
 Section 1. 
 
 The inspector of elections is called upon to dis- 
 charge the duties of one of the most responsible 
 offices in the town. Upon the firmness, fidelity, 
 and intelligence with which those duties are per- 
 formed, depends much of the good order of society 
 and the enactment and execution of wholesome 
 and salutary laws. Whenever the ballot box 
 ceases to be a fair exponent of the popular will, 
 the people have just cause for alarm. 
 
 The inspector is placed as a sentinel at the ex- 
 treme outpost of popular sovereignty, to see that 
 each elector, however humble, unawed by fear or 
 restraint of any kind, is not deprived the right of 
 a fair expression of his opinions, through the 
 agency of his -vote, upon the political questions 
 which may agitate the country. 
 
 The duties of this office were formerly discharged 
 by the supervisor and assessors. In 1842, provi- 
 
294 OF INSPECTORS OF ELECTION. 
 
 sion was made to have this a distinct office. By 
 that act, as cited at page 342, 1 R. 8., 4th t,i., sec. 
 21, it was provided as follows : 
 
 "At each town meeting to be held in the several 
 towns of this State, and at each annual charter 
 election to be held in the several cities of this 
 State, which are not organized into towns, after 
 the first day of January next, the electors 6f such 
 city or town shall be entitled to vote by ballot, on 
 the same ticket with other town or charter offi- 
 cers, for two electors residing in each election dis- 
 trict of such town or city, to be inspectors of elec- 
 tion for such city or town ; and the two persons 
 in each district receiving the greatest number of 
 votes, shall be two of the inspectors of election for 
 such district at all elections to be held therein the 
 ensuing year. The presiding officers of such town 
 meeting or charter election, shall immediately 
 after the votes of such town meeting or charter 
 election shall be canvassed, appoint by writing, 
 subscribed by a majority of said presiding officers, 
 another inspector of elections for each election dis- 
 trict, to be associated with said two inspectors so 
 elected, and who shall thereupon be one of the in- 
 spectors of election of such district. Such inspec- 
 tor shall be selected from the two persons in such 
 election district who shall have the highest num- 
 ber of votes next to the two inspectors so elected. 
 And no ballot for inspectors shall be counted upon 
 which more than two names is contained." 
 
 The object of the foregoing section is to secure 
 to the political party in the minority, one inspec- 
 tor in each election district. The beneficial effect 
 
OF INSPECTORS OP ELECTION. 295 
 
 of this statute has already been seen in allaying 
 the jealousies engendered at the polls during heat- 
 ed political contests. 
 
 Should there be a vacancy in the office of in- 
 spector of elections for any cause, or in case he 
 is unable to attend the election, the vacancy may 
 be filled by appointment, to be made by the super- 
 Visor, justices of the peace, and town clerk of the 
 town, or a majority of them. 
 
 For the mode of dividing towns and wards into elec- 
 tion districts, vide 1 R. S. 341, 4th ed. 
 
 New towns.] When new towns are formed, the 
 supervisor, town clerk, and assessors, meet at the 
 town clerk's office, on or before the first Tuesday 
 in September, preceding the first general election, 
 and proceed to form the election districts. They 
 proceed in the same way that was adopted in di- 
 viding the towns into election districts under the 
 act of 1842. Vide 1 R. 8. 342, 4th ed. Those offi- 
 cers in such case appoint the inspectors of election 
 from among the justices of the peace, town super- 
 intendent, and commissioners of highways, in the 
 order here named, as many as will be necessary 
 to constitute at least three inspectors for each 
 election district. 
 
 Board to be formed.] The inspectors of each elec- 
 tion district must meet at the time and place, 
 when and where an election may have been ap- 
 pointed to be held therein, and proceed to orga- 
 nize themselves as a board, for the purpose of pre- 
 siding at and conducting such election. 
 
 Chairman.] The inspectors appoint one of their 
 number chairman of the board, who must admin- 
 
2% OF INSPECTORS OF ELECTION. 
 
 ister to the other inspectors the oath of office, as 
 prescribed by the constitution, and the same oath 
 must then be administered to the chairman by one 
 of the other inspectors. (Form of Oath, Appendix, 
 No. 1.) 
 
 Clerks.] The inspectors or a majority of them, 
 having severally taken such oath, the board then 
 appoints two clerks, to be called clerks of the poll. 
 
 Oath.] The clerks each take the constitutional 
 oath of office, which must be administered to them 
 by the chairman of the board. 
 
 Poll opened.] The poll of each election must then 
 be opened, and proclamation to that effect made, 
 and of the time when the same will be closed. 
 
 How long to be kept open.] The poll in. the several 
 cities must be opened at sunrise, and in the seve- 
 ral towns at any time between sunrise and nine 
 ' o'clock in the morning, and be kept open till the 
 setting of the sun; and no adjournment or inter- 
 mission whatever can take place until the same 
 be closed. 
 
 Manner of voting and challenges.] The electors "are 
 required to vote by ballot ; each person offering to 
 vote delivers his ballot so folded as to conceal 
 the contents, to one of the inspectors, in the pre- 
 sence of the board. 
 
 Ballot, form and contents.] The ballot must be a 
 paper ticket, and contain written or printed, or 
 partly written and partly printed, the names of the 
 persons for whom the elector intends to vote, and 
 shall designate the office to which each person, so 
 named is intended by him to be chosen; but no 
 ballot is allowed to contain a greater number of 
 
OP INSPECTORS OP ELECTION. 297' 
 
 names of persons as designated to any office, than 
 there are persons to be chosen at the election to 
 fill such office. 
 
 Sec. 9, chap. 240, Laws of 1847, provides as fol- 
 lows: 
 
 " § 9. Except as otherwise provided in the subse- 
 quent subdivisions of this section, the ballots shall 
 contain as follows : 
 
 " 1. The names of all the persons voted for by any 
 elector at any election, excepting electors of presi- 
 dent and vice president, judges of the court of ap- 
 peals, justices of the supreme court, county judges, 
 separate officers to perform the duties of the office 
 of surrogate and local officers to discharge the du- 
 ties of county judge and surrogate, shall be upon 
 one ballot, which ballot shall be endorsed ' State,' 
 and the names of all the persons voted for by any 
 elector at any election for judges of the court of 
 appeals, justices of the supreme court, county 
 judges, separate officers to perform the duties of 
 the office of surrogate, and local officers to dis- 
 charge the duties of county judge and surrogate, 
 shall be upon one ballot, which ballot shall be 
 endorsed 'Judiciary.' 
 
 "2. In counties entitled to more than one mem- 
 ber of Assembly, the name of the person voted for 
 by any elector for member of Assembly, at any 
 election, shall be upon a separate ballot and en- 
 dorsed 'Assembly.' 
 
 " 3. In the city and county of New- York, the 
 names of all persons voted for by any elector for 
 Senator at any election, shall be upon a separate 
 
 ballot and endorsed ' Senate.' 
 
 38 
 
298 OP INSPECTORS OF ELECTION. 
 
 "4. In the city and county of New- York, and in 
 the county of Hamilton, the names of all the per- 
 sons voted for by any elector for representative in 
 Congress at any election, shall be upon a separate 
 ballot and endorsed 'Congress.' " 
 
 Electors.] When electors of president and vice 
 president are to be chosen, a separate ballot must 
 be given for them, which must be endorsed 
 " Electors," and must contain the names of the 
 persons designated by the voter giving the same, 
 to be electors of president and vice president, or 
 any of them. 
 
 Term of office designated.] If at a general election 
 there be one or more vacancies, to be supplied in 
 the office of judge of the court of appeals, justice 
 of the supreme court, canal commissioner, or in- 
 spector of state prisons, and at the same election, 
 one is to be elected to the same office for a full 
 term, the term for which the person voted for is 
 intended, must be designated on the ballot. 
 
 Congress designated.] If at a general election for 
 representatives in Congress, any person named in 
 a Congress ballot, shall be intended to supply a 
 vacancy in the office of such representative, the 
 ballots must designate the Congress for which each 
 persomis intended to be chosen. 
 
 Challenge and preliminary oath.] If any person of- 
 fering to vote at any election be challenged in re- 
 lation to his right to vote at that election, by an 
 inspector, or by any other person entitled to vote 
 at the same poll, one of the inspectors is required 
 to tender to him the following preliminary oath : 
 " You do swear (or affirm) that you will fully and 
 
OF INSPECTORS OP ELECTION. 299 
 
 truly answer all such questions as shall be put to 
 you, touching your place of residence and qualifi- 
 cations as an elector." 
 
 Questions to persons challenged.'] The inspectors or 
 one of them then proceed to question the person 
 challenged in relation to his name ; his then place 
 of residence ; how long he has resided in the town 
 or ward where the vote is offered ; what was the 
 last place of his residence before he came into that 
 town or ward, and also as to his citizenship, and 
 whether a native or naturalized citizen, and if the • 
 latter, when, where and in what court, or hefore 
 what officer he was naturalized ; whether he came 
 into the town or ward for the purpose of voting at 
 that election ; how long he contemplates residing in 
 the town or ward ; and all such other questions as 
 may tend to test his qualifications as a resident of 
 the town or ward, citizenship and right to vote at 
 that poll. 
 
 e Vote when to be rejected.] If any person refuse to 
 take the preliminary oath when so tendered, or to 
 answer fully any questions which shall be so put 
 to him, his vote must be rejected. 
 
 Qualifications.] After receiving the answers of the 
 person so challenged, the board of inspectors point 
 out to him the qualification if any, in respect to 
 which he appears to them deficient. 
 
 Oath to be taken if challenge is not withdrawn.] If the 
 person so offering persist in his claim to vote, and 
 the challenge is not withdrawn, one of the in- 
 spectors then administers to him the following 
 oath : 
 
 "You do swear (or affirm as the case may he,) 
 
300 OP INSPECTORS OF ELECTION. 
 
 that you have been a citizen of the United States 
 for ten days, and are now of the age of twenty-one 
 years, that you have been an inhabitant of this 
 State for one year next preceding this election, and 
 for the last four months a resident of this county ; 
 that you have been for thirty days next preceding 
 this election a resident of this Assembly district, 
 (or Senate or Congressional district or districts, 
 ward, town, village or city, as the case may be, 
 naming any or all of the foregoing districts, ward, 
 town, village or city from which the officer is to 
 be chosen for whom said person offers to vote ;) 
 that you are now a resident of this town, (or ward 
 as the case may be,) and of the election district in 
 which you now offer to vote, and that you have 
 not made any bet or wager, and are not directly 
 or indirectly interested in any bet or wager de- 
 pending upon the result of this election, and that 
 you have not voted at this election." 
 
 Oath of a colored man.] If the person so offering to 
 vote be a colored man, the following oath must be 
 tendered to him : " You do swear (or affirm,) that 
 you are of the age of twenty-one years ; that for 
 three years you have been a citizen of this State, 
 that you have been an inhabitant of this State for 
 one year next preceding this election, and during 
 that time have been, and that you now are, seized 
 and possessed of a freehold estate of the value of two 
 hundred and fifty dollars, over and above all debts 
 and incumbrances charged thereon, and have been 
 actually rated and paid a tax thereon ; and that 
 you have been for the last four months a resident 
 of this county ; that you have been for the last thir- 
 
01" INSPECTORS OP ELECTION. 301 
 
 ty days next preceding this election a resident of 
 this Assembly district, (or Senate or Congressional 
 district or districts, ward, town, village, or city, as 
 the case may be, naming any or all of the forego- 
 ing districts, ward, town, village or city from which 
 the officer is to be chosen for whom said person of- 
 fers to vote;) that you are now a resident of this 
 town, (or ward as the case may be,) and of the 
 election district in which you now offer to vote, 
 and that you have not made any bet or wager, and 
 are not directly or indirectly interested in any bet 
 or wager depending upon the result of this elec- 
 tion, and that you have not voted at this election." 
 
 Vote when to be rejected.] If any person refuse to 
 take the oath so tendered, his. vote must be rejected. 
 
 Minutes respecting persons challenged, $-c, to be kept 
 and filed.] The inspectors of election must keep a 
 minute of their proceedings in respect to the chal- 
 lenging and administering oaths to persons offer- 
 ing to vote, in which must be entered by one of 
 them, the name of every person who shall have 
 taken the oaths above prescribed, or either of them, 
 specifying in each case whether the preliminary 
 oath, or the general oath, or both, were taken; 
 which minute and statement must be certified by 
 such inspectors, and returned by them to the office 
 at which their return of votes given at such elec- 
 tion is made, and at the same time, and there be 
 filed. The inspectors must also direct the clerks 
 of the polls to designate by some appropriate 
 mark, opposite to his name, every person entered 
 on said list, who shall have taken the said oaths, 
 or either of them. 
 
302 OF INSPECTORS OF ELECTION. 
 
 Challenge as a convict.'] If the person be challeng- 
 ed as convicted of an infamous crime, he is not re- 
 quired to answer any questions in relation to such 
 alleged conviction ; nor can any proof of such con- 
 viction be received, other than a duly authentica- 
 ted record ; but if a person so convicted vote at 
 any such election, unless he has been pardoned 
 and restored to all the rights of a citizen, he is 
 deemed guilty of a misdemeanor, and on convic- 
 tion will be imprisoned in the county jail for the 
 term of six months. 
 
 Section 24 provides as follows : 
 
 Ballot boxes.] "At each annual and special elec- 
 tion the inspectors shall provide and keep a box in 
 which all ballots required to be endorsed ' State,' 
 as directed in the ninth section of this title shall 
 be deposited ; also a box in which all ballots which 
 are required by said ninth section to be endorsed 
 'Judiciary,' shall be deposited; also, in the proper 
 counties a box in which all ballots which are re- 
 quired by said ninth section to be endorsed 'As- 
 sembly,' shall be deposited; also a box in which all 
 ballots which are required by said ninth section to 
 be endorsed ' Senate,' shall be deposited ; also, a 
 box in which all ballots which are required by 
 said ninth section to be endorsed 'Congress,' shall 
 be deposited." 
 
 When electors of president and vice-president 
 are to be chosen, or amendments of the constitu- 
 tion proposed, separate boxes must be provided, in 
 which are to be deposited the ballots for such 
 electors, and on such proposed amendments. 
 
 Each box must be provided with a sufficient 
 
OF INSPECTORS OF ELECTION. 303 
 
 lock, and must be locked before the opening of the 
 poll, and the keys delivered to one of the inspec- 
 tors, to be appointed by the board, and not opened 
 during the election, except in the manner and for 
 the purposes hereinafter mentioned. 
 
 An opening is required to be made in the lid of 
 each box, not larger than will be sufficient for a 
 single closed ballot to be inserted at one time, 
 through which each ballot received, proper to be 
 placed in such box, is to be inserted. 
 
 Ballots deposited.] When the board has finally re- 
 ceived the ballot of an elector, one of the inspec- 
 tors, without opening the same, or permitting it to 
 be opened or examined, must- deposit it in the box 
 corresponding in title with the endorsement of the 
 ballot. 
 
 Poll lists.] Each clerk of the poll must keep a 
 poll list, which is to contain one column headed 
 "names of voters," and so many additional col- 
 umns as there are boxes kept at the election. 
 The heading of each additional column is required 
 to correspond with the name of one of the boxes 
 so kept. 
 
 The name of each elector voting, must be enter- 
 ed by each clerk in the column of his poll list, 
 headed "names of voters," and when there is* 
 more than one box kept, opposite such name must 
 be written the figure 1, in each remaining column 
 of such poll list, corresponding in its heading with 
 the name of a box in which a ballot of the elector 
 has been deposited. 
 
 Inspectors to' challenge.] It is the duty of each in- 
 spector to challenge every person offering to vote, 
 
304 OF INSPECTOKS OF ELECTION. 
 
 whom he knows or suspects not to be duly quali- 
 fied as an elector. 
 
 To preserve order.] The board of inspectors possess 
 full authority to maintain regularity and order, 
 and to enforce obedience to their lawful com- 
 mands, during an election, and during the canvass 
 and estimate of votes, after the closing of the poll; 
 and have full authority to preserve peace and good 
 order at and around the polls of the election, and 
 to^keep the access thereto open and unobstructed; 
 and may appoint one or more electors to commu- 
 nicate their orders and directions, and to assist in 
 the performance of the duties herein mentioned. 
 
 If any person shall refuse to obey the lawful 
 command of the inspectors, or by disorderly con- 
 duct in their presence or hearing, interrupt or dis- 
 turb their proceedings, they may make an order 
 directing the sheriff, or any constable of the coun- 
 ty, to take the person so offending into custody, 
 and detain him until the final canvass of the votes 
 is completed ; but such order will not prohibit the 
 person so taken info custody from voting at such 
 election. 
 
 Such order can be executed by any sheriff or 
 constable, to whom the same is delivered; or if 
 none be present, by any other person deputed by 
 such board in writing. 
 
 A sheriff or constable or other person refusing 
 to execute such order, is liable to the like penalty 
 and punishment as in case of refusal to execute 
 any other process. 
 
OP INSPECTORS OP ELECTION. 305 
 
 Section 2. Of the canvass and estimate of the votes 
 by the board of inspectors, and certifying the 
 
 SAME. 
 
 Canvass when and how made.] As soon as the poll 
 of an election is finally closed, the inspectors of 
 the election in their several districts, must proceed 
 to canvass the votes. Such canvass must be pub- 
 lic, and is not permitted to be adjourned or post- 
 poned until it has been fully completed. 
 
 Comparison of poll lists.] The canvass commences 
 by a comparison of the poll lists from the com- 
 mencement, and a correction of any mistakes that 
 may be found therein. 
 
 Ballots to be counted.] Each box being opened, the 
 ballots contained therein, must be taken out and 
 counted unopened, except so far as to ascertain 
 that each ballot is single. And if two or more 
 ballots be found so folded together as to present 
 the appearance of a single ballot, they are to be 
 destroyed, if the whole number of ballots' exceed 
 the whole number of votes, and not otherwise. 
 
 Ballots to be counted.] No ballot properly endorsed, 
 found in a box different from that designated by 
 its endorsement, can be rejected, but must be 
 counted in the same manner as if found in the 
 box designated by such endorsement, provided 
 that by the counting of such ballot or ballots, it 
 does not produce an excess of votes over the num- 
 ber of voters as designated on the poll lists. 
 
 Excess to be destroyed.] If the ballots are found to 
 
 exceed in number the whole number of votes on 
 
 the correspondent columns of the poll lists, they 
 
 must be replaced in the box, and one of the in- 
 
 3*9 
 
306 Or INSPECTORS OF ELECTION. 
 
 spectors, without seeing the same, must publicly 
 draw out and destroy so many ballots unopened, 
 as will be equal to such excess. 
 
 Estimate of votes.] The board then proceeds to 
 canvass and estimate the votes. If after having 
 opened or canvassed the ballots, it should be found 
 that the whole number exceeds the whole num- 
 ber of votes entered on the poll lists, the inspec- 
 tors must return all the ballots into the box, and 
 thoroughly mingle the same ; and one of the in- 
 spectors to be designated by the board, publicly 
 draws out of such box, without seeing the ballots 
 contained therein, so many of such ballots as are 
 equal to the excess, which must be forthwith de- 
 stroyed. 
 
 Statement of result to be made.] The canvass must 
 be completed by ascertaining how many ballots of 
 the same kind corresponding in respect to the 
 names of persons thereon and the offices for which 
 they are designated, have been received ; and the 
 result being found, the inspector is required to . 
 securely attach to a statement of such canvass, one 
 ballot of each kind found to have been given for 
 the officers to be chosen at such election, any or 
 either of them, except those given for electors of 
 president and vice-president; and they are requir- 
 ed to state in words at full length immediately 
 opposite such ballot, and written partly on such 
 ballot and partly on the paper to which it is at- 
 tached, the whole number of all the ballots that 
 were received which correspond with the one so 
 attached, so that one of each kind of the ballots 
 received at such election for the officers then to 
 
OF INSPECTORS OF ELECTION. 307 
 
 r 
 
 be chosen, shall be attached to such paper, with a 
 statement of such canvass. They must also at- 
 tach to such paper, the original ballots rejected by 
 them as being defective, which were given at such 
 election. 
 
 Canvass and statement of votes for president and vice- 
 president.] When electors of president and vice- 
 president are chosen at any election, the inspec- 
 tors must make a separate canvass and statement 
 of votes given for electors, in the manner above 
 prescribed, by ascertaining how many ballots of 
 the same kind, corresponding in respect to the 
 names thereon, have been received ; and the re- 
 sult being found, the inspectors will securely at- 
 tach to paper one original ballot of each kind 
 found to have been given for electors, and will 
 state, in words at full length opposite such ballot, 
 and written partly thereon, and partly on the pa- 
 per to which it is attached, the whole number of 
 ballots for electors, that were found to have been 
 received, corresponding with the one so attached. 
 They must also attach to such paper all original 
 ballots for electors, rejected by them as being de- 
 fective. 
 
 Form of statement.] The statement to be made 
 by the inspectors must contain a caption, stating 
 the day on which, and the number of the district, 
 the town or ward, and the county at which the 
 election was held, in relation to which such state- 
 ment is made; it must also contain a statement 
 showing the whole number of ballots taken for 
 each person, designating the office for which they 
 are given, which statement is required to be writ- 
 
308 OF INSPECTORS OF ELECTION. 
 
 ten in words at length ; and at the end thereof, a 
 certificate that such statement is correct in all re- 
 spects ; which certificate must be subscribed by 
 the inspectors. 
 
 Copy to be filed.] A true copy of the several state- 
 ments made by the inspectors, must be made and 
 certified by them, and immediately filed by them, 
 in the office of the clerk of the town or city. 
 
 Poll lists to be filed.] The poll lists kept at such 
 election must be filed by the inspectors, or one of 
 them, in the office of the clerk of the town or city 
 in which such election was held, and be there 
 preserved. 
 
 Ballots to be destroyed.]^ The remaining ballots not 
 so pasted or attached, must be destroyed, and the 
 board of inspectors having discharged the duties 
 above mentioned, is then dissolved. 
 
 Original statements to be delivered to supervisors.] The 
 original statements duly certified, must be deliver- 
 ed by the inspectors, or bybne of them to be depu- 
 ted for that purpose, to the supervisor of the town 
 or ward, within twenty-four hours after the same 
 are subscribed. If there be no supervisor, or if he 
 is disabled from attending the board of county can- 
 vassers, such original statement must be delivered 
 to one of the assessors of the town or ward in 
 which such election was held. 1 E. S. 351, 4fA. 
 ed. 
 
 State ballot,] The ballot required to be endorsed 
 " State," contains the names of the persons for the 
 following offices, to wit: For Governor, Lieuten- 
 ant Governor, Secretary of State,' Comptroller, 
 Treasurer, Attorney General, State Engineer and 
 
OF INSPECTORS OF ELECTION. 309 
 
 Surveyor, Canal Commissioners, Inspectors of State 
 Prisons, Clerk of the Court of Appeals, Senator, 
 Representative in Congress, Member of Assembly, 
 (in those counties where they elect but one ; but where two 
 or more are elected in a county, the na&e of the member of 
 Assembly for each Assembly district, appears on a sepa- 
 rate ballot,) District Attorney, Sheriff, County Clerk, 
 Coroners, Superintendent of the Poor, and (in the 
 city of New- York) Register. These offices will not 
 all be named upon the" State ticket each year, for 
 the reason that many of them are not filled an- 
 nually. 
 
 Judiciary ballot.] The ballot to be endorsed " Ju- 
 diciary," contains the names of the following 
 offices : Judges of the Court of Appeals, Justices of 
 the Supreme Court, County Judge, Surrogate, 
 Justices of the Sessions, Special County Judge and 
 Local Officer. 
 
 Electoral ballot.] The ballot endorsed " Electors," 
 must contain the names of the persons designed 
 to be voted for to fill the office of Electors of Presi- 
 dent and Vice President of the United States. 
 
 Assembly ballot.] Where there is more than one 
 member of Assembly to be elected in a county, 
 the name of the person designed by the voter to 
 fill that office, will appear on a separate ballot 
 from all the others, and must be endorsed "As- 
 sembly." 
 
 Voter's qualification.] It has been seen before at 
 page 298, the nature of the oath to be taken, when 
 the voter is challenged. This oath indicates in a 
 measure what must be the qualification of the 
 elector. 
 
310 OF INSPECTORS OF ELECTION. 
 
 1st. He must have been a citizen of the United 
 States at least ten days. 
 
 2d. He must be of the age of twenty-one years. ' 
 
 3d. He must have been an inhabitant of the State 
 one year next preceding the election. 
 
 4th. A resident of the county four months next 
 preceding the election. 
 
 5th. For the thirty days next preceding the 
 election, a resident of the Assembly district, Con- 
 gressional district, Senate district, ward, town, vil- 
 lage or city, from which the officer is to be chosen 
 for whom such person offers his vote. 
 
 6th. He must be a resident of the town or ward 
 and of the election district in which he offers his 
 vote. 
 
 7th. He must not be interested in any bet or 
 wager depending upon the result of the election. 
 
 8th. He must not have voted at that election. 
 
 Unless the voter has all these qualifications, and 
 is free from all these objections, he is not entitled 
 to vote. 
 
 Who are citizens.] It frequently becomes a very 
 perplexing question before the board of inspectors, 
 to determine who are citizens. 
 
 It has been held that the infant children of 
 aliens, though born out of the United States, if 
 dwelling within the United States at the time of 
 the naturalizatioruof their parents, become citizens 
 by such naturalization. West v. West, 8 Paige, 433. 
 By a law passed by the Congress of the United 
 States in 1795, it is provided, " That the children 
 of persons duly naturalized, dwelling within the 
 United States; and being under the age of twenty- 
 
OF INSPECTORS OF ELECTION. 311 
 
 one years at the time of such naturalization, and 
 also the children of citizens of the United States 
 horn out of the limits and jurisdiction of the United 
 States, shall be considered citizens of the United 
 States." Vide also State v. Perry, 5 Eng.Rep. 621 ; 
 [Arkansas.) 
 
 It is also provided that in case an alien should 
 die after having filed the declaration of his inten- 
 tion to become a citizen, and before he became 
 actually naturalized, his children would be deemed 
 citizens. 2 Kent's Com. 65. 
 
 The residence of a minor child with his father, 
 within the United States, during the whole revo- 
 lutionary war, and until after the treaty of peace 
 of 1783, entitles such child to alj the privileges of 
 citizenship ; even though he should on coming of 
 age remove" to a British province, yet upon a subse- 
 quent return to the United States he becomes en- 
 titled to all the rights of citizenship. ' 17 Shep. 
 (Maine), 511. 
 
 The strongest evidence an adopted citizen can 
 present of his citizenship, and right to vote, is a 
 regular and bona fide certificate, of citizenship 
 from a court of record having authority to grant 
 such certificates. Notwithstanding the board may 
 be satisfied that the certificate was granted by the 
 clerk of the court, and not by the court itself, and 
 therefore irregular, (18 Barb. 444;*) yet if the cer- 
 tificate is fair on its face, and embodies the re- 
 quirements of law, the inspectors would be bound 
 
 * In the case of Clark, (18 Barb. 444,) Judge Dean decides that the prac- 
 tice of clerks of courts to issue certificates of citizenship without any appli- 
 cation to the court, is an abuse of power which needs to be corrected. 
 
312 OF INSPECTORS OF ELECTION. 
 
 to regard the person to whom it was issued, so 
 far as his right to vote would be concerned, a citi- 
 zen. 
 
 It is not absolutely necessary that the adopted 
 citizen should present his certificate, it is sufficient 
 if he can truthfully swear that one has been grant- 
 ed to him. 
 
 It is sometimes the case that fraudulent vote's 
 are offered by persons who pass around a genuine 
 certificate from one to another, and the inspectors 
 by not taking the care to examine the name in 
 the certificate, admit illegal votes. 
 
 It has been seen that in addition to the general 
 oath, the form of which has been given, the in- 
 spectors if required by an elector, must administer ' 
 to a challenged party an oath in the following 
 form, called the preliminary oath : "You do swear 
 (or affirm) that you will fully and truly answer all 
 such questions as shall be put to you, touching 
 your place of residence and qualifications as an 
 elector." 
 
 The law provides that the inspectors or one of 
 them, shall then proceed to question the challen- 
 ged party touching his residence, and citizenship, 
 and they may propound all such questions as may 
 tend to test his qualifications in that regard. These 
 questions are sometimes asked by electors (other 
 than the inspectors ;) that practice always gives 
 rise to bitterness and asperity of feeling, and hence 
 the better way is to follow the requirements of the 
 law, and have all such questions propounded 
 through the inspector. He will always cheerful- 
 ly put all reasonable questions which any elector 
 
OP INSPECTORS OF ELECTION. 313 
 
 may desire to have propounded to the challenged 
 party. A number of questions, such as were deem- 
 ed appropriate to be put, are given by way of a 
 form or precedent in a pamphlet entitled " Election 
 Law of 1842 and 1847." 
 
 The compiler of that pamphlet, the then secre- 
 tary of state, remarks that those questions are not 
 the only ones which may be put. 
 
 It is obvious from reading the law, that any 
 question may be asked which'may tend to test the 
 qualifications of the person offering his vote, in re- 
 gard to ljis residence, citizenship and right to vote. 
 
 This provision is manifestly salutary, because 
 there are men of sufficient hardihood to take the 
 general oath, knowing that they were thereby com- 
 mitting perjury, hoping to escape observation, and 
 conviction and punishment, who if they were re- 
 quired to submit to an examination, would betray 
 their defects so palpably, that they would shrink 
 from taking the general oath. It seems to be a 
 well settled opinion, however, that after an exam- 
 ination under the preliminary oath, if the person 
 offering to vote should be informed by the inspec- 
 tors that they deemed him unqualified, still if he 
 .persisted in voting, and upon taking the general 
 oath, they would be bound to administer that oath 
 and receive his vote ; but it would be their duty 
 immediately to take steps to secure such an offend- 
 er to the end that he be convicted and punished. 
 
 Certain persons not to be permitted to vote.] It is pro- 
 vided by the laws of 1847, chap. 240, sec. 15, that 
 no person shall be permitted to vote at any elec- 
 tion, who previous thereto, shall have been con- 
 
 40 
 
314 OP INSPECTORS OF ELECTION. 
 
 victed of bribery or any infamous crime, unless he 
 shall have been pardoned and restored to all the 
 rights of citizenship, or who shall make any bet 
 or wager, or be directly, or indirectly interested in 
 any bet or wager depending upon the result of any 
 election at which such person may offer to vote. 
 1 R. S. 349, 4th ed. 
 
 Penalty for permitting such persons to vote.] In case 
 any inspector of election shall knowingly and 
 willfully permit or surfer any person to vote at any 
 election who is not entitled to vote thereat, the 
 inspector so offending, shall, on conviction, be ad- 
 judged guilty of a misdemeanor, and shall be sen- 
 tenced to pay a fine of five hundred dollars, and 
 be imprisoned in the county jail for six months. 
 1 R. S. 349, sec. 36, 4th ed. 
 
 Residence of voters.] Another question frequently 
 embarrasses the inspectors at the polls, and .that 
 is, the question of the residence of parties offering to 
 vote. Residence is defined to be the act or state 
 of being seated or settled in a place ; the act, state 
 or habit of dwelling or abiding in a place. Bur- 
 rill' 's Law Die. 891. The place which one has 
 made his seat, abode or dwelling. A man's home. 
 Residence imports not only personal presence in a 
 place, but an attachment to it by those acts or 
 habits which express the closest connexion be- 
 tween a person and a place. 1 Blacks. Com. 390. 
 Residence has been declared to mean the same thing 
 with inhabitancy, by Walworth, Ch. 8 Wend. 140. 
 Spelman makes it synonymous with habitation. 
 The same writer also makes it synonymous with 
 domicil, and so do other high authorities ; but do- 
 
OP INSPECTORS OF ELECTION. 315 
 
 micil in some of its applications imports some- 
 thing more than residence. 2 Kent Com. 430, 431. 
 Judge Woodworth was of the opinion that the 
 words resident and inhabitant, mean the same 
 thing. Rosvelt v. Kellogg, 20 /. R. 208. The res- 
 idence, to create it, may be long, or short, accord- 
 ing to circumstances. It depends on the actual 
 or presumed intention of the party. 
 
 The place where a man carries on his establish- 
 ed business, or professional occupation, and has a 
 home and permanent residence, is his domicil. 
 Though his family reside part of the year at anoth- 
 er place, such place is regarded only as a tempora- 
 ry residence, and the home domicil for business 
 takes away the character of domicil from the other. 
 The original residence always continues until he 
 has fairly changed it for another. There must be 
 intention and act united, in order to effect a change 
 of residence. 
 
 If a person has two contemporary domicils, and 
 a residence in each alternately, of equal portions 
 of the time, the rule which Lord Alvanly was in- 
 clined to adopt, was that the place where the par- 
 ty's business was carried on should be considered 
 his residence. 2 Kent Com. 431. Andrews v. He- 
 riot, 4 Cow. 516. Should the party be engaged in 
 business in two localities, and residing as above 
 stated, it would seem to be a matter resting in his 
 own mind as to which he would deem his resi- 
 dence in the legal acceptation of the term. 
 
 The question whether a person has changed his 
 residence or not, rests frequently in the conscience 
 of the party. In the case of Crawford v. Willson, 4 
 
316 OP INSPECTORS OP ELECTION. 
 
 Barb. 504, it was held that the words, legal residence 
 and domicil are convertible terms, and that if a per- 
 son leaves the place of his dornicil temporarily, or 
 for a particular purpose, and does not take up a 
 permanent residence elsewhere, he does not change 
 his domicil, nor lose his vote. 
 
 These general principles will aid the inspectors 
 at the polls in giving advice upon this point, where 
 questions of this character are presented to them 
 by prudent and conscientious electors who may he 
 in doubt as to the place where they should vote. 
 
 Preserving order.] The statute clothes the inspec- 
 tors with very plenary power in respect to preserv- 
 ing order. It is of the highest importance that 
 this duty be enforced. 
 
 In some localities men are deterred from attend- 
 ing the polls, owing to the confusion and riot that 
 surrounds the ballot box. No inspector who has 
 any self respect, will permit a fair access to the 
 polls to be interrupted or obstructed for any length 
 of time. As has been seen, the inspectors have the 
 right, in order to preserve peace and good order 
 around the polls, to appoint as many electors as 
 they please, to communicate their orders and as- 
 sist in preserving quiet and good order. In many 
 districts it would be well to appoint such assistants 
 at the opening of the polls, with the understand- 
 ing that they are to be retained for that purpose 
 during the day. Should this duty be neglected 
 until a disturbance occur, the proper electors for 
 such a duty might not be on hand, and much de- 
 lay might arise before order could be restored. 
 
 Exposing ballots.] The object in having the ballot 
 
OF INSPECTORS OF ELECTION. 317 
 
 folded so as to conceal the name of the candidate 
 voted for, is to allow the elector to give expression 
 to his will unbiased by any influences surrounding 
 the polls. Inspectors sometimes, forgetful of their 
 duty, expose the caption of the ballot to some in- 
 quisitive bystander, by which he learns the nature 
 of the vote cast, and the intent of the statute is 
 thus defeated. This practice cannot be too strong- 
 ly condemned. 
 
 Inspectors act in a measure judicially in canvassing 
 votes.] The duties of inspectors of elections are part- 
 ly judicial and partly ministerial. In determining 
 whether ballots were intended for a given candi- 
 date or not, they act in a judicial capacity; and 
 unless their determination is impeached by some 
 legitimate evidence, it must be allowed to stand. 
 14 Barb. 261. 
 
 The addition of junior to a name is mere matter 
 of description, and forms no part of the name. So 
 with the middle letter of a name. The law knows 
 of but one christian name to each person. Hence 
 should there be any of these additions to the real 
 name of the candidate, the inspectors should in 
 good faith ascertain, if possible, for whom the bal- 
 lot was intended, and allow it accordingly ; for in 
 point of fact it is " the will of the electors, and not 
 the certificate of the inspectors which gives the 
 right to the office." 4 Selden, 68. 
 
 ' Where votes contain the names of the candi- 
 dates improperly spelled, or where the candidate 
 is designated by a wrong name, or when there is 
 any defect in naming the candidate sufficient to 
 create a doubt for whom the ballot was intended, 
 
318 OP THE CONSTABLE. 
 
 the inspectors return such defective ballots to the 
 county canvassers. (For forms to be used by inspectors, 
 see Appendix, Nos. 194-208.) 
 
 If the inspectors cannot find persons who will 
 •accept the office of clerks of the poll, the election 
 is not to fail, but the inspectors should perform the 
 duty of clerks. The People v. Cook, 4 Selden, 69. 
 
 CHAPTER XI. • 
 
 OF THE CONSTABLE.' 
 
 Section 1. How chosen, and his duty relating to ciyil process. 
 2. His duty under the criminal laws. 
 
 Section 1. How chosen, and his duty relating to 
 civil process. 
 
 This office was established in England as early 
 as the year 901, under the reign of Alfred the 
 Great. The constable by the common law is a 
 peace officer of his county, and is clothed with au- 
 thority to arrest'his fellow citizens when he may find 
 them actually committing a felony, or a breach of the 
 peace, without a warrant. His office is one of much 
 responsibility, and when he discharges his duty 
 faithfully, and as the law requires, he exerts an 
 influence which is favorably felt in community. 
 Sir Francis Bacon, in answer to the question 
 "from what rank and order of men should consta- 
 bles be selected 1" replied, " they ought to be of 
 the better sort of men, not aged or sickly, but of 
 able bodies, capable of keeping watch and endu- 
 ring toil and fatigue." 
 
 How chosen.] Constables are chosen by ballot at 
 
OF THE CONSTABLE. 319 
 
 the annual town meeting in towns. The electors 
 determine at the opening of the annual town 
 meeting, by resolution, which must be entered at 
 the time in the minutes of their proceedings, and 
 before they proceed to receive any ballots, what 
 number of constables they will have in the town 
 for the ensuing year, and the number determined 
 upon are to be chosen. 1 R. S. 646, 4th ed. 9 
 Wend. 333. 
 
 If the electors by such resolution limit the num- 
 ber to four, ballots cast for more than four persons, 
 for that office, are void. 8 Wend. 396. 
 
 Before he enters upon the. duties of his office, 
 he must take and subscribe the constitutional 
 oath. (Form, Appendix, No. 1.) 
 
 This oath must be taken within eight days af- 
 ter notice of his election or appointment, and 
 within the same time he mUst execute, in the 
 presence of the supervisor or town clerk of the 
 town, an instrument in writing, with one or more 
 sureties, to be approved of by such supervisor or 
 town clerk, by which such constable and his sure- 
 ties shall jointly and severally agree to pay to each 
 and every person who may be entitled thereto, all 
 such sums of money as such constable may be- 
 come liable to pay, on account of any execution 
 which may be delivered to him for collection. 
 1 R. S. 655, 4th ed. (Form of bond, Appendix, No. 
 207.) ■ 
 
 Actions on such bond.] All actions on such bond 
 against the constable or his sureties, must be 
 brought within two years after the expiration of 
 the year for which the constable was elected. 
 
320 OP THE CONSTABLE. 
 
 Refusal to serve.] An omission to take the oath, 
 and give the security, within the time above men- 
 tioned, is deemed a refusal to serve. 1 R. S. 656, 
 4th ed. 
 
 Tenure of office.] 'He holds his office for one year, 
 and until others are chosen or appointed to super- 
 cede him. 17 Wend. 81. 
 
 Penalty for acting without oath.] Should, he enter 
 upon the duties of his office without taking the 
 constitutional oath above mentioned, he forfeits to 
 the town the sum of fifty dollars. 
 
 Vacancies, when, how supplied.] The office is deemed 
 vacant when the electors have neglected to make 
 a choice; for instance, should the votes be equally 
 divided on a candidate, at an annual town meet- 
 ing, the electors should proceed at once to vote 
 again, and should they adjourn without making a 
 choice, it would be proper to fill the office by ap- 
 pointment, and not by calling a special town 
 meeting. 16 John. 49. 
 
 The office may become vacant by the death of 
 the incumbent, or his refusal to serve, or his resig- 
 nation, or removal out of the town, or his convic- 
 tion of an offence which involves the violation of 
 his official oath. 
 
 How appointed.] In case of vacancy, constables 
 may be appointed by any three justices of the 
 peace in town, by warrant under their hands and 
 seals. 1 R. S. 657, 4th ed. 
 
 Summons.] The summons issuing from a justice's 
 court, is required by statute to be directed to any 
 constable of the county where the justice resides, 
 
OF THE CONSTABLE. 321 
 
 commanding him to summon the defendant, to 
 appear before the justice, who issued the same, at 
 a time and place to be named in such summons, 
 not less than six, nor more than twelve days from 
 the date of the same, to answer the plaintiff in the 
 plea in the same summons to be mentioned. 2 jR. 
 S. 429, 4th ed. 
 
 Summons, when and how to be served.] The summons 
 must be served at least six days before the time of 
 appearance mentioned therein. If the defendant 
 can be found it must be served by reading the 
 same to him, and (if he requests it,) delivering a 
 copy thereof. If the defendant cannot be found, 
 it must be served by leaving a copy thereof at the 
 defendant's last place of abode, in the presence ot 
 some one of the family of suitable age and discre- 
 tion, who must be informed of its contents. 
 
 Fractions of days not counted.] A summons in a 
 justice's court returnable in the forenoon of the 
 eighth day of a month, is well served in the after- 
 noon of the second day of the same month. Frac- 
 tions of a day in the service of process are not re- 
 garded in the computation of time. 10 Wend. 
 '422. 
 
 Return.] The constable serving the summons 
 must return thereon in writing the time and man- 
 ner in which he executed the same, and sign his 
 name thereto, that is to say, if he served it person- 
 ally, he must so say, and date it and sign, and if 
 served by copy, then the constable will so state in 
 his return; for instance, if the summons is against 
 only one defendant, and personal service is made 
 upon him, the following return would be proper : 
 41 
 
322 OF THE CONSTABLE. 
 
 " The within summons personally served, August 
 , 1855. 
 
 Fees $0.50. A. B., Constable. 
 
 And if against two or more defendants and all 
 are personally served, then add the words "on 
 both or all the within defendants," as the case 
 may be. If judgment should be rendered in a 
 case, where it did not appear in the return to the 
 process upon what day the process was served, it 
 would be reversed unless the party appeared on 
 the trial and waived the defect. Stewart v. Smith, 
 17 Wend. 517. 
 
 Short summons.'] Suits may also be commenced 
 by 'short summons against non-resident defend- 
 ants. This differs from the long summons only in 
 the interval between its date and return. It must 
 be returnable not less than two nor more than four 
 days from its date, and must be served at least two 
 days before the time of appearance mentioned 
 therein. Cow. Treat. 308, 4th ed. 
 
 Warrants in civil actions.] Civil actions may be 
 commenced by warrant before justices of the 
 peace, (2 R. S. 430, 4th ed.,) and when so com- 
 menced, the warrant must be directed to any con- 
 stable of the county where the justice issuing the 
 same resides, commanding the constable to take 
 the defendant and bring him forthwith before such 
 justice, to answer the plaintiff, in a plea, in the 
 same warrant to be named ; and must require the 
 constable after he shall have made the arrest to no- 
 tify the plaintiff of the arrest. 
 
 Warrant, how served.] The constable to whom the 
 warrant is delivered, must serve the same by ar- 
 
OF THE CONSTABLE. 323 
 
 resting the defendant and taking him forthwith 
 before the justice issuing the same. If the justice 
 On the return be absent, or is unable to hear or try 
 the cause, or if the justice is found to be a mate- 
 rial witness in the cause, the constable must take 
 the defendant before the next justice of the city 
 or town, who is required to take cognizance of the 
 cause, and proceed thereon the same as if the war- 
 rant had been issued by him. 
 
 Returning warrant.] The constable must return in 
 writing the manner in which he executed the 
 warrant, and the fact whether he has or has not 
 notified the plaintiff. 
 
 Detention of defendant.] Upon being brought be- 
 fore the magistrate, the defendant must be, detain- 
 ed in the custody of the constable until the jus- 
 tice directs his release, except that he may not be 
 detained longer than twelve hours, from the time 
 he is brought before the justice, unless within that 
 time the trial of the cause shall be commenced, 
 or unless it be delayed at the instance of the de- 
 fendant. 
 
 Suits by attachment.] "When suits are commenced 
 by attachment such process must state the amount 
 of the debt sworn to by the applicant. It com- 
 mands any constable of the county in which the 
 justice resides, to attach so much of the goods and 
 chattels of the debtor as will be sufficient to satis- 
 fy such debt, and safely to keep the. same in order 
 to satisfy any judgment that may be recovered on 
 such attachment, and to make return of his pro- 
 ceedings thereon to the justice who issued the 
 same, at a time therein to be specified, not less 
 
324 OV THE CONSTABLE. 
 
 than six nor more than twelve days from the date 
 thereof. 2 R. S. 432, 4th ed. 
 
 Mode of executing the attachment.] The constable 
 receiving the attachment must execute the same 
 at least six days before the return day, and must 
 attach, take into his custody, and safely keep such 
 part of the goods and chattels of the defendant as 
 are not exempt from execution, as will be suffi- 
 cient to satisfy the demand of the plaintiff. He 
 must next immediately make an inventory of the 
 property seized, and leave a copy of the attach- 
 ment, and of the inventory, certified by him, at 
 the last place of residence of the defendant, but 
 if the defendant have no place of residence in the 
 county where the goods and chattels are attached, 
 such copy and inventory must be left with some 
 person in whose possession the goods are found. 
 
 If the defendant can be found in the county, the 
 constable should serve a copy of the attachment 
 on him. ^ Cook v. Pierce, 3 Denio, 317. 
 
 If a bond be given to the constable with sufficient 
 surety, he must not remove the goods. {Form of 
 bond, Appendix, No. 209.) 
 
 Bond by claimant of goods.] If any person claims 
 the goods attached, he may, after the seizure and 
 at any time before execution has been issued upon 
 the judgment obtained on such attachment, exe- 
 cute a bond to the plaintiff with sureties to be ap- 
 proved by the constable, or by the justice who is- 
 sued the attachment, in a penalty double the value 
 of the property attached, conditioned that in a suit 
 to be brought on such bond within three months 
 from the date, such claimant will establish that 
 
OJ? THE CONSTABLE. 325 
 
 he was the owner of the goods seized at the time 
 of such seizure, and in case of his failure to do so, 
 that he will pay the value of the goods so claimed 
 with interest. 2 R. S. 432, 4th ed. {Form of bond, 
 Appendix, No. 210.) 
 
 When constable to deliver up property.] Upon either 
 of the bonds aforesaid being executed and deliver- 
 ed to the constable, he must deliver up the pro- 
 perty seized by him to the obligor in such bond. 
 
 Return of attachment.] The constable must make 
 a return at or before the day named in the attach- 
 ment for that purpose, with all his proceedings in 
 writing, subscribed by him, with a copy of the 
 inventory of the goods attached, certified by him, 
 and with any bond that may have been executed 
 as above mentioned. (Form of inventory, Appendix, 
 No. 211. Form of return, No. 212>) 
 
 Short attachments.] Provision was made by the 
 act of 1831, called the non-imprisonment act, for 
 the issuing of a short attachment against non-res- 
 ident defendants. A short attachment is made re- 
 turnable not more than four nor less than two days. 
 Such an attachment is void if made returnable 
 more than four days after its date. 24 Wend. 485. 
 
 The mode of making the inventory and the re- 
 turn, is substantially the same as in case of a 
 long attachment. The constable must see that at 
 least two full days will transpire after the service 
 and before the return in case of a short attachment. 
 In seizing the property, selling the same, and de- 
 termining what property is liable to be attached, 
 the same rules must govern the constable that 
 prevail in regard to executions. (See directions rela- 
 
326 OF THE CONSTABLE. 
 
 ting to executions.) The constable is bound to pro- 
 tect, the property which he may attach, from waste. 
 He is the bailee of the same and is responsible for 
 its safe keeping. 1 Cow. Treatise, 567, 3d ed. 
 
 He cannot serve an attachment in his own fa- 
 vor. 1 Cow. Treatise, 556. 
 
 Venire, what to contain.] The venire issued by a 
 justice to summon a jury to try civil actions before 
 justices of the peace, must be directed to any con- 
 stable of the county wherein the cause is to be 
 tried, commanding him to summon twelve good 
 and lawful men in the town where such justice 
 resides, qualified to serve as jurors, and not ex- 
 empt from serving on juries in courts of record, 
 who shall be in no wise of kin to the plaintiff or 
 defendant, nor interested in such suit, to appear 
 before such justice, at a time and place to be 
 named therein, to make a jury for the trial of the 
 action between the parties named in such venire. 
 2 R. S. 441, 4th ed. 
 
 What constables may not serve venire.] No constable 
 who shall have been employed to act, or who may 
 have acted as attorney or agent in respect to any 
 claim or matter in controversy, can be permitted 
 to summon any jury in any justice's court, which 
 shall be summoned to try any question in relation 
 to any such claim or matter. 
 
 Venire, how executed and returned.] The constable 
 to whom any venire is delivered must execute 
 the same fairly and impartially, and should not 
 summon any person whom he has reason to be- 
 lieve is biased or prejudiced for or against either of 
 the parties. He must summon the jurors person- 
 
OF THE CONSTABLE. 327 
 
 ally, and make a list of the persons summoned, 
 and certify the same and annex it to the venire, 
 and make his return to the justice. 2 R. S. 441, 
 4th ed. 
 
 The constable may summon bystanders if a suf- 
 ficient number do not appear on the venire, when 
 so directed by the court, but he must see that they 
 are free from any legal objections. 
 
 The manner of service is by reading or stating 
 the substance of the venire to each person sum- 
 moned. In stating the substance of the venire, 
 it would be absolutely necessary that the name 
 of the justice and the time and place of trial 
 should be stated. The return to the venire may 
 be in the following form : 
 
 " I hereby certify that by virtue of the within 
 precept, I have personally summoned as jurors 
 the several persons named in the annexed list." 
 
 Dated August , 1855. A. B., Constable. 
 
 2 Cow. Treatise, 340, 3d ed. 
 
 Custody of the jury, and constable's oath.] After the 
 evidence in a cause, which a jury may be called, 
 to try, is all in, the constable, unless the parties 
 otherwise agree, must have charge of the jury un- 
 til they agree upon their verdict. 
 
 The justice administers to the constable the 
 following oath: "You swear in the presence of 
 Almighty God, that you will, to the utmost of your 
 ability, keep the persons sworn as jurors on this 
 trial together, in some private and convenient 
 place, without any meat or drink, except such as 
 shall be ordered by me ; that you will not suffer 
 
328 OF THE CONSTABLE. 
 
 any communication, orally or otherwise, to be 
 made to them ; that you will not communicate 
 with them yourself, orally or otherwise, unless by 
 my order, or to ask them whether they- have 
 agreed upon their verdict, until they shall be dis- 
 charged ; and that you will not before they render 
 their verdict, communicate to any person the state 
 of their deliberations, or the verdict they have 
 agreed on." 
 
 The oath indicates clearly the duty of the con- 
 stable. He is sometimes importuned to furnish 
 jurors the minutes of the evidence of the trial, or 
 some papers or documents that may have been 
 used on the trial. To furnish any such, is a vio- 
 lation of his oath, unless by the direction of the 
 court. So strict is the rule that all their delibera- 
 tions must be free from any bias or influence from 
 any quarter, that it was held in the case of Dur- 
 fee v. Erland, sufficient ground to reverse a judg- 
 ment, that it appeared that the jury had in their 
 possession the minutes of the testimony taken by 
 the counsel in the cause. 8 Barb. 46 ; see also 
 24 Wend. 185. (The qualifications of jurors are point- 
 ed out at page 11, ante.) 
 
 Who exempt.] The following persons among 
 others are exempt from jury service : 
 
 1. Non-commissioned officers, musicians and 
 privates of any uniformed company or troop, duly 
 equipped and uniformed according to law. 
 
 2. • Members of any company of firemen duly or- 
 ganized according to law. 
 
 3. Persons in the actual employment of any 
 
OP THE CONSTABLE. 329 
 
 glass, cotton, linen, woolen, or iron manufactu- 
 ring company, by the year, month or season. 
 
 4. Superintendents, engineers and collectors of 
 any canal authorized by the laws of the State, any 
 portion of which shall be actually constructed and 
 navigated. 
 
 5. Ministers of the gospel, teachers in any col- 
 lege or academy, and all persons specially exempt- 
 ed by law from serving on juries. 
 
 When the constable is well satisfied that per- 
 sons whom he would be inclined to summon are 
 exempt, he should omit to summon them, but if 
 he has reason to believe that such exemption is 
 not claimed in good faith, he should make the ser- 
 vice and, leave the party to make his excuse before 
 the justice. ( 
 
 Subpoena.] A subpoena may be served by a con- 
 stable or any other person. The service should 
 be made by reading the same or stating the con- 
 tents to the witness, and by paying or tendering 
 the fees allowed by law for one day's attendance. 
 
 Execution, its contents.] Executions with which 
 constables have to do, are issued from justices' courts. 
 They must be directed to any constable within the 
 same county where the justice resides, command- 
 ing him to levy the debt or damages and costs, of 
 the goods and chattels of the person against whom 
 the same shall be issued, (excepting such goods 
 and chattels as are by law exempted from execu- 
 tion,) and to bring the money, at a certain time 
 and place therein to be mentioned, before such 
 justice, to render to the party who recovered the 
 , same ; and if the execution be issued against a 
 42 
 
330 OF THE CONSTABLE. 
 
 male person, and the judgment upon which it was 
 issued was rendered for a cause of action for 
 which the defendant may be imprisoned, then it 
 must command the constable, if no goods and 
 chattels can be found, or not sufficient to satisfy 
 such execution, to take the body of the person 
 against whom the execution shall be issued, and 
 convey him to the common jail of the county, 
 there to remain until duly discharged. 2 R. S. 
 446, 4th ed. 
 
 Execution against joint debtors.] "When judgment 
 is obtained against joint debtors upon process not 
 served upon all the defendants, execution may be 
 issued in form against all; but the justice must 
 endorse the names of such of the defendants who 
 did not appear in the suit as were not served with 
 process. 
 
 Execution, how served in such case.] Such execution 
 must not be served upon the persons of the de- 
 fendants whose names are so endorsed; nor can 
 it be levied upon the sole property of any such de- 
 fendant, but it may be collected of the personal 
 property of such defendant, owned by him as a 
 partner of the other defendants, appearing or serv- 
 ed with process. 
 
 Execution, when returnable.] Every execution issued 
 by a justice must be dated on the day it actually 
 issued, and made returnable sixty days from the 
 date of the same. 2 R. S. 447. Code of Procedure, sec. 
 64. Executions may be renewed from time to 
 time. 
 
 Duty of constable upon receiving execution.] The 
 first step after receiving the execution is to call 
 
• OF THE CONSTABLE. 331 
 
 upon the defendant, if he may be found, and to 
 ascertain where the property is to be found out of 
 which the execution is to be satisfied. When ne- 
 cessary to make a levy, it is to be done, when 
 practicable, by the act of taking the property into 
 custody and removing it. This is the strongest 
 kind of a levy. This is not absolutely necessary, 
 but to constitute a levy, the property should be 
 taken into the actual or constructive possession of the 
 officer. 2 Cow. Treatise, 541, 3d ed. 
 
 A seizure of a part of the goods in a dwelling 
 house, in the name of the whole, is a good seizure 
 of all. Id. 
 
 The goods should be within view, and under 
 the power. of the officer, in order to make the levy 
 complete. 16 John. 288. They must be subject to 
 the immediate disposition and control of the offi- 
 cer. Van Wyck v. Pine, 2 Hill, 666. 
 
 It is not absolutely necessary that the goods 
 should be removed, they may be left in the custo- 
 dy of the defendant, at the risk of the plaintiff or 
 the officer, or on obtaining, as is customary, a re- 
 ceiptor for their delivery on demand. (Form of re- 
 ceiptor, Appendix, No. 218.) 
 
 The constable upon taking goods into his cus- 
 tody by virtue of an execution, must endorse the 
 time of levying, and immediately give public notice 
 by advertisement, signed by himself, and put up 
 at three public places in the city, or town, where 
 the property is taken, of the time and, place within 
 such city or town, when and where the property 
 will be exposed for sale. The notice must de- 
 scribe the goods and chattels taken, and must be 
 
332 OP tfHE CONSTABLE. ■ 
 
 put up at least five days before the day appointed 
 for sale. {Form of notice, Appendix, No. 215.) 
 
 Sale and return of execution.] At the time and place 
 appointed, if the goods and chattels are present, 
 and are pointed out to the inspection and exami- 
 nation of the bidders, the constable must expose 
 them to sale at vendue, to the highest bidder. If 
 the property sells for a sum sufficient, or more 
 than sufficient to pay the execution, he must pay 
 the debt or damages and costs levied, to the jus- 
 tice who issued the same, returning the surplus if 
 any, to the person against whom the execution 
 was issued. If a part of the amount is raised by 
 the sale, such amount should be returned, what- 
 ever it is, endorsing on the execution the amount 
 collected, with a return stating the facts. 
 
 Constable may not purchase at sale.] The constable 
 is prohibited from purchasing directly or indirect- 
 ly any property at any sale made by him upon 
 execution. Every such purchase is absolutely 
 void. 2 R. S. 448, 4th ed. 
 
 When defendant may be imprisoned.] For want of 
 property, the constable is required in cases autho- 
 rised by law, if the execution direct it, to take the 
 body of the defendant and convey him to the com- 
 mon" jail of the city or county. A female may not 
 be imprisoned upon execution issued from a justi- 
 ce's court. 
 
 Consequences of not returning execution.] Should the 
 constable neglect to return the execution within 
 five days after the return day thereof, the party in 
 whose favor the same was issued, may maintain 
 an action against him, and recover the amount of 
 
OF THE CONSTABLE. 333 
 
 the execution with interest from the time of the 
 rendition of the judgment upon which the same 
 was' issued. 2 R. S. 449, 4th ed. 
 
 Not to act after return day.] He has no authority 
 to levy upon or sell property, or imprison the de- 
 fendant after the return day of the execution, un- 
 less it has been renewed, nor may he do any act 
 under a renewed execution after the expiration of 
 the time or times for which the same may have 
 been renewed. 
 
 What property exempt.] It is provided that the fol- 
 lowing property, when owned by any person be- 
 ing a householder, shall be exempt from levy and 
 sale, under any execution, and such articles there- 
 of as are movable, shall continue so exempt, 
 while the family of such person, or any of them> 
 may be removing from one place of residence to 
 another : 
 
 1. All spinning wheels, weaving looms and 
 stoves, put up or kept for use by the family ; 
 
 2. The family bible, family pictures and school 
 books, used by or in the family of such person, 
 and books not exceeding in value fifty dollars, 
 which are kept and used as part of the family 
 library ; 
 
 3. A seat or pew occupied by such person or 
 his family, in any house or place of public wor- 
 ship ; 
 
 4. All sheep to the number of ten, with their 
 fleeces, and the yarn or cloth manufactured from 
 the same; one cow, two swine, the necessary food 
 for them ; all necessary pork, beef, fish, flour and 
 vegetables, actually provided for family use, and 
 
334 01? THE CONSTABLE. 
 
 necessary fuel for the use of the family for sixty 
 days; 
 
 5. All necessary wearing apparel, beds, bed- 
 steads and bedding, for such person and his fami- 
 ly ; arms and accoutrements required by law to 
 be kept by such person ; necessary cooking uten- 
 sils; one table; six chairs; six knives and forks; 
 six plates; six tea cups and saucers; one sugar 
 dish; one milk pot; one tea pot and six spoons; 
 one crane and its appendages ; one pair of and- 
 irons and a shovel and tongs. 
 
 6. The tools and implements of any mechanic, 
 necessary to the carrying on of his trade ; but the 
 amount thereof shall not exceed twenty- five dol- 
 lars in value. 
 
 7. Necessary household furniture and working 
 tools and team owned by any person, being a house- 
 holder, or having a family for which he provides, 
 to the value of not exceeding one hundred and fif- 
 ty dollars ; provided that such exemption shall not 
 extend to any execution issued on a demand for 
 the purchase money of such furniture or tools or 
 team or other articles now enumerated by law. 2 
 R. S. 450, 4th ed. 
 
 Necessary wearing apparel is not exempted in 
 all cases,. but only when it is owned by the house- 
 holder, or head of the family. The exemption ex- 
 tends to apparel furnished by him for the use of 
 others living with him, but does not embrace 
 clothing of one living with the family, who pro- 
 vides them for himself. Brownev. Witt, 19 Wend. 445. 
 
 Wool, or articles manufactured from it, not ex- 
 ceeding in quantity the fleece from ten sheep, are 
 
OF THE CONSTABLE. 335 
 
 exempt from execution, under the equity of the 
 statute, in the hands of a householder not owning 
 any sheep. Hall v. Penney, 11 Wend. 44. Brackett 
 v. Watkins, 21 Wend. 68. 
 
 Potatoes in the field, if necessary for the family 
 use, are exempt. Necessary vegetables are exempt 
 in any stage of the process of obtaining them for 
 the family use, whether by planting them or in 
 any other way. Carpenter v. Herrington, 25 Wend. 
 370. 
 
 Bank bills or money, and everything belonging 
 to the debtor of a tangible nature, except mere 
 choses in action, and articles expressly exempted 
 by the statute, may be taken and sold under an 
 execution. Handy v. Dobbin, 12 Johns. 220. Holmes 
 v. Nuncaster, 12 Johns. 395. See Bogart v. Perry, in 
 error, 17 [Johns. 351. 
 
 A promissory note is not the subject of levy. 
 Denton v. Livingston, 9 Johns. 100. Ingalls v. Lord, 
 1 Cowen, 240. 
 
 Wheat growing, is a chattel, and if raised upon 
 the land of another, by virtue of an agreement be- 
 tween him and the defendant, maybe levied upon 
 and sold under an execution against the latter. 
 Whipple v. Foot, 2 Johns. 418. 
 
 A growing crop, raised annually by labor and 
 cultivation, is, as respects an execution against 
 the owner, a mere chattel ; but the purchaser's 
 title under the execution is subject to, and liable 
 to be divested by the foreclosure of a mortgage of 
 the lands. Shepard v. Philbrick, 2 Den. 174. 
 
 By the term " goods and chattels" in the act, is 
 meant personal and movable property, not chat- 
 
336 OF THE CONSTABLE. 
 
 tels which savor of the realty and are of a perma- 
 nent nature. Putnam v. Westcott, 19 John. 73. 
 
 Leasehold property, or a term for years, cannot 
 therefore be sold under an execution issued by a 
 justice's court. lb. 
 
 A constable having an execution, went to a field 
 with the defendant, and with certain colts in view, 
 made a note of a levy upon them on the execution; 
 held a good levy. Green v. Burke, 23 Wend. 490. 
 
 The constable may take a receipt for the future 
 delivery of property attached by him, but the re- 
 ceiptor may defend by showing that the property 
 was taken from him by virtue of a paramount title. 
 Harvey v. Lane, 12 Wend. 562. 
 
 Renewal.] Where the officer having levied, omits 
 to sell within the life of the execution, it may be 
 renewed and the sale had under the renewal. The 
 People v. Hopson, 1 Den. 574. 
 
 An execution may be renewed on the last day 
 it has to run, and, being so renewed, it will retain 
 its lien on goods before levied upon under it. 
 Chapman v. Fuller, 7 Barb. 70. 
 
 The justice's omitting to enter the constable's re- 
 turn on his docket, cannot affect its regularity, nor 
 make the constable liable. James v. Hartney, 6 
 Hill, 487. 
 
 Where personal property is levied upon, but not 
 removed from the debtor's possession, the officer 
 may advertise it to be sold, and sell it on the 
 premises of the debtor, taking care to do no unne- 
 cessary damage ; and third persons may rightfully 
 attend the sale as bidders. Per Bronson, J. The 
 People v. Hopson, 1 Den. 51 A. 
 
OF THE CONSTABLE. 337 
 
 Certain promises void.] A promise by a constable 
 to a defendant against whose goods he had an ex- 
 ecution from a justice, that if defendant will deli- 
 ver property as security that he will not sell it 
 under thirty days is void. 2 Johns. Rep. 193. 
 
 Any constable of the county may serve all pro- 
 cess issuing out of a justice's court in any part of 
 the county. 1 Johns. 502. 
 
 A constable cannot maintain an action against 
 a defendant for the amount paid the plaintiff on 
 an execution which he has suffered to sleep in his 
 hands. 3 Johns. 434. 
 
 Must not oppress.] An action lies against a con- 
 stable or Other officer for executing process in an 
 unreasonable manner, tending to vex, harrass and 
 oppress the party. 5 Johns. Rep. 125. As where a 
 constable refused to take property tendered, but 
 sold a horse of A. by warrant ,for a military fine, 
 with the avowed intent to hurt his feelings, the 
 constable was held liable to an action at the suit 
 of A. Id. 
 
 May adjourn. sale.] A sale under an execution and 
 judgment in a justice's court may be adjourned at 
 the discretion of the officer ; and the completion 
 of the sale at a different time or place, if no fraud 
 or abuse appears, will be valid. 5 Johns. 345. 
 
 His proceedings not void for irregularity in his ap- 
 pointment.] In trespass the defendant justified as a 
 constable under an appointment of three justices, 
 that he took the goods as constable by virtue of an 
 execution issued against the goods of the plain- 
 tiff: it was held that the appointment made by 
 the justices was a judicial act, and being within 
 43 
 
338 OF THE CONSTABLE. 
 
 "their jurisdiction was conclusive and valid until 
 quashed or set aside on certiorari, and could not 
 be questioned in a collateral action. 8 Johns. Rep. 
 69. 
 
 When claim lost upon goods.] If a constable, hav- 
 ing taken goods in execution delivered them to A. 
 on his giving a receipt promising to deliver them 
 on demand, and the constable does not demand 
 and sell them within thirty days, he loses by his 
 neglect, all claim and title to the possession of the 
 goods. 9 Johns. Rep. 361. 
 
 May collect execution after his term of office expires.] 
 A constable to whom any execution may have 
 been issued and delivered, and whose term of 
 office has expired before the time within which 
 the collection or return of such execution is re- 
 quired by law, is required to proceed in all mat- 
 ters relative to such execution, in the same man- 
 ner as if the term of office of such constable had 
 not expired, Himself and his bail remain liable 
 to the same extent as if he were yet in office. 2 
 R. S. 459; 4th ed. Alderman v. Shaw, 7 Wend. 220. 
 
 Not to officiate as attorney.] The constable serving 
 either the original or jury process in a cause, is 
 prohibited from appearing and advocating for t t 
 either party at the trial, but may act as attorney 
 in any other stage or proceeding in the cause. 2 
 R. S. 434, 4th ed. 3 Denio, 85. 
 
 May be removed by three justices of the peace.] Upon 
 complaint being made to three justices that any 
 constable has collected money which he has neg- 
 lected to pay over, and for which a recovery has 
 been had against his sureties, they are required to 
 
OF THE CONSTABLE. 339 
 
 summon him to appear before them, to show cause 
 why he should not be removed, from office. The 
 complaint being established, or if he refuses to ap- 
 pear, they must make an order removing him 
 from office, assigning their reasons, and file the 
 same in the town clerk's office. Upon the service 
 of a certified copy of such instrument on the con- 
 stable, his powers as such officer cease, and his 
 office is deemed vacant. 
 
 May not act by deputy. ,] Constables may not act 
 by deputy. Justices however may, in writing, 
 authorise in a given case, any person of lawful age, 
 to serve civil process, except a venire, and the per- 
 son so authorised will possess all the authority of 
 a constable in relation to the execution of such 
 process. 2 R. S. 458, ith ed. 
 
 Special proceedings.] Constables are required to 
 serve such process as may be regularly directed to 
 them in special proceedings, and for any wilful 
 neglect in that regard, are liable to a fine of twen- 
 ty-five dollars. They are also required to serve 
 process under the highway act, bastardy laws and 
 laws relating to beggars, disorderly persons, land- 
 lords and tenants, and militia laws. 
 
 When process may not be served.] Civil process may 
 not be served on Sunday, nor on the day of a gen- 
 eral or special election, nor town meeting. 
 
 Searching for goods, breaking open doors.] The con- 
 stable cannot justify the breaking open of the 
 outer door of the dwelling house of the defendant, 
 in search either of his goods or the goods of his 
 servants and lodgers, when the execution is against 
 any of them. The house is a protection for them 
 
340 OP THE CONSTABLE. 
 
 all, but if the outer door be open fie may if neces- 
 sary break open an inner door even without first 
 demanding admittance. 2 Cow. Treatise, 540, 3d 
 ed. 17 Johns. 127. 
 
 Section 2. His duty under the laws relating to 
 
 CRIMINAL PROCEEDINGS. 
 
 The powers of the constable are not all denned 
 by statute, many of his duties are regulated by the 
 common law. 
 
 Sir Francis Bacon in defining his powers as a 
 peace officer uses the following language : " For 
 the pacifying of a quarrel begun, the consta- 
 ble may upon hot words given, or likelihood of 
 breach of the peace to ensue, command them to 
 keep the peace, and depart, and forbear; and so 
 he may when an affray is made part of the same, 
 keep the parties asunder, and arrest and commit 
 the breakers of the peace, if they will not obey, 
 and call power to assist him for that purpose." 
 Lord Bacon's works, vol. 3, 316. 
 
 These powers have lost none of their force by, 
 age. The constable should in such case apprize 
 the parties of his official character. 
 
 The oath taken by the constable in those days 
 was in the words following: 
 
 " You swear that you shall well and truly serve 
 the king, and the lord of this law-day ; and you 
 shall cause the peace of our sovereign lord the 
 king, well and truly to be kept to the best of your 
 power, and you shall arrest all those that you see 
 committing riots, and affrays in breach of the 
 peace ; and you shall well and truly endeavor 
 yourself, to your best knowledge, to see that the 
 
OF THE CONSTABLE. 341 
 
 statutes made for the punishment of sturdy beg- 
 gars, vagabonds, rogues, and other idle persons, 
 coming within your office, be truly executed and 
 the offenders punished, and you shall endeavor 
 upon request made, to apprehend all riotous per- 
 sons making affrays, and likewise to apprehend 
 felons ; and if any of them make resistance with 
 force, and multitude of misdemeanors, you shall 
 make outcry, and pursue them till they be taken ; 
 and shall look unto such persons as use unlawful 
 games; and you shall well and truly execute all 
 process and precepts sent unto you from the jus- 
 tices of the peace of the county ; and you shall 
 make good and faithful presentments of all blood- 
 sheds, outcries, affrays, and rescues made within 
 your office, and you shall well and truly according 
 to your own power and knowledge, do that which 
 belongeth to your office of constable to do, for this 
 year to come. So help, &c." 
 
 The oath taken by the constable at the present 
 day involves all of the duties embraced in the above 
 oath so far as they are applicable to our system of 
 polity. While the constitutional oath does not de- 
 fine the duties of the officer in terms, yet it is im- 
 plied that he will acquaint himself with the duties 
 and obligations he assumes, so as to discharge 
 them intelligently, and as the law requires. 
 
 It has been observed in the foregoing section, 
 that the substance of the different kinds of process 
 has been stated; this has been given because the 
 rule in general holds good as well in civil as in 
 criminal process, that in order to protect the offi- 
 cer, the process must be fair upon its face. Hence 
 
342 OP THE CONSTABLE. 
 
 it is necessary that the officer should be apprised 
 of the rules which govern in determining whether 
 the process is " fair on its face." 
 
 Warrant.] Mr. Barbour in his excellent treatise 
 gives the following as the requisites of a warrant: 
 
 1. It should show the county where it was made, 
 either in the body of the warrant or in the margin. 
 
 2. It should set forth the year and day wherein 
 it was issued. 
 
 3. It may be either in the name of the justice 
 himself or in the name of the people. (Better to 
 have it in the name of the people.) 
 
 4. It must be under the hand of the justice or 
 magistrate who issues it. 1 Chit. Or. L. 38. 
 
 5. In this state it need not be under seal. 
 
 6. It should not be general to apprehend all per- 
 sons suspected, but should direct the officer to ap- 
 prehend some particular individual, otherwise it 
 will be void. 4 Black. Com. 291. 
 
 7. The name of the person to be apprehended 
 should be accurately stated if known, and must 
 not be left blank to be filled up afterwards. 1 Chit- 
 ty Crim. Law, 39. 
 
 8. The warrant must recite the accusation made 
 by the complainant. The statute requires this. 2 
 _R. S. 890, 4th ed. ■ 
 
 9. The warrant must be properly directed, that 
 is to say, a warrant not directed to any particu- 
 lar person in office is bad ; the officer need not be 
 named, but should be directed generally to any 
 constable or sheriff of the county. Barbour Cr. L. 
 524, 526. 
 
 It has been seen in the next preceding section, 
 
OF THE CONSTABLE. 343 
 
 that a constable may arrest, without warrant, 
 where he sees persons actually committing a fel- 
 ony, or committing a breach of the peace ; but be- 
 cause he may arrest such persons, in the act, with- 
 out a warrant, it does not follow that he would 
 have a right, after the affray is ended and he has 
 allowed them to depart without making the ar- 
 rest, to afterwards arrest without a warrant. The 
 better opinion seems to be that he would not. 1 
 East P. C, 305. Roscoe Cr. L. 691. , In making ar- 
 rests, the officer must detain the accused only for 
 a sufficient reasonable time to convey him before 
 a magistrate. The officer has no right after the 
 arrest, to lock up the accused and go about his 
 business, until his own inclination or caprice 
 prompts him to take the party before the magistrate. 
 
 Felonies.] The term felony is construed by sta- 
 tute to mean an offence -for which the offender, 
 on conviction, shall be liable to be punished by 
 death or by imprisonment in a state prison. 2 R. 
 S. 886, 4th ed. 
 
 Among the offences called felonies, are treason, 
 murder, arson, manslaughter, rape, kidnapping, 
 burglary, fofgery, counterfeiting, perjury, subor- 
 nation of perjury, embezzlement, false pretences, 
 grand larceny, bribery, incest, bigamy, fighting or 
 challenging to fight a duel, maliciously injuring 
 railroads, aiding prisoners to escape, breaking 
 jails, maiming, carrying or having in possession 
 slung shot. 
 
 The above list does not embrace all offences 
 denominated felonies, it includes the principal part 
 however. 
 
344 OF THE CONSTABLE. 
 
 Arrests, and who may be_ arrested.] An arrest is the 
 apprehending of a person, that he may be forth- 
 coming to answer for any crime or alleged crime 
 with which he may stand charged. 4 Black. Com. 
 289. 
 
 All persons are liable to arrest from the highest 
 functionary in the government to the humblest cit- 
 izen. The rule that prevails in civil cases, except- 
 ing persons under certain circumstances from ar- 
 rest, does not apply in criminal proceedings. 
 
 When and where the arrest may be made.] An arrest 
 may be made at any time, either day or night, and 
 on any day of the week, and at any place. No 
 place can afford protection to a person who has 
 violated the criminal law. Barb. C. L. 530. 
 
 Mode of arrest.] The party must be actually 
 touched by the officer, or confined in a room, or 
 submit himself by words or actions to be in cus- 
 tody. Jd. 
 
 Officer should state his authority.] Either before or 
 at the moment of arrest, the officer should make 
 known in some form that he comes in his official 
 capacity, and not in that of a mere wrong-doer. 
 Bellows v. Shannon, 2 Hill, 86. 
 
 The officer is not obliged to show his warrant, 
 (1 Chit. Cr. L. 50,) but after the party has submit- 
 ted to the arrest, the officer, if requested, is bound 
 to inform the accused of the substance of the . war- 
 rant. 2 Hill, 87. 8 Term Rep. 187. 
 
 May command assistance.] The officer has the right 
 to command assistance in making the arrest. 
 Wilful disobedience* to such commands is declar-" 
 ed to be a misdemeanor, punished by fine and im- 
 
OF THE CONSTABLE. 345 
 
 i 
 
 prisonment, and also punishable as a contempt of 
 the court issuing the process. 2. R. S. 684, 4th ed. 
 
 If the officer has authority to do the act, for the 
 doing of which aid is required, the by-stander is 
 bound to obey, and is justified ; on the contrary, 
 if the officer has no authority to do the act, the 
 by-stander is not bound to obey, and if he yields 
 obedience, is a trespasser. Elden v. Morrison, 10 
 Wend. 128. 
 
 In case of resistance.] While the officer is bound 
 to use caution and forbearance, yet he has the 
 power in case of resistance to use such force as 
 may be requisite to overcome the resistance and 
 effect the arrest. 1 Hall, 479. Barb. Cr. L. 536. 
 
 Conveying the prisoner before the magistrate.] The 
 officer should after the arrest convey the accused 
 before the magistrate with all reasonable diligence. 
 
 Return of warrant.] The accused having been 
 brought before the magistrate, the officer is re- 
 quired to endorse his return upon the warrant and 
 sign it. 2 R. S. 590, 2d ed. 
 
 The form of the return may be as follows : 
 
 " The defendant arrested and now in court, and 
 the complainant notified." 
 
 Aug. 20th, 1855. A. B., Const. 
 
 The defendant having been arrested and con- 
 veyed before the magistrate, is either tried (if a 
 proper case to be tried,) before a court of special 
 sessions, or is examined touching the accusation 
 alleged against him. If not discharged and no 
 bail is given, the magistrate commits. 
 
 Commitment, what to contain.] The commitment 
 must be in writing under the hand and seal of the 
 44 
 
346 OF THE CONSTABLE. 
 
 magistrate, and must show the time and place of 
 making it. It should be in the name of the people, 
 and directed to the sheriff or any constable, and to 
 the jailor and keeper of the prison, directing such 
 officer to convey the party to prison, describing the 
 accused by name, if known, and stating that the 
 party has been charged on oath, and setting forth 
 the particular species of crime alleged against the 
 accused with reasonable certainty; and it should 
 point out the place of imprisonment and the time 
 and mode of the same. Barb. Crim. Lav;, 572. 
 
 Duty serving commitment.] The constable with the 
 warrant of commitment, conveys the accused to 
 jail, and delivers him over together with the com- 
 mitment to the jailor, that being the authority of 
 the jailor for detaining the accused. 
 
 Search warrants.] Search warrants should distinct- 
 ly specify the place to be searched, (Bill of Rights, 
 1 R. S. 302, 4th ed.) and the goods to be seized ; if 
 these essential requisites are omitted, the officer 
 had better let it alone. If upon the execution of a 
 search warrant, fair on its face, the officer finds pro- 
 perty alleged to be stolen, he must take the goods 
 immediately before the magistrate who issued the 
 warrant. Upon examination of the matter, should 
 it appear that the goods were not stolen, they are 
 to be returned to the possessor, and if they were 
 stolen, they are to be delivered to the owner on his 
 paying the expenses. Barb. Crim. Law, 502. 
 
 Constables to attend court, duty in that respect.] The 
 sheriff of the county in which any term of the court 
 of appeals, or of the supreme court may be held, is 
 required before the commencement of the term, to 
 
OF THE CONSTABLE. 347 
 
 summon two constables to attend the same. The 
 constables must attend, keep the court room in or- 
 der, and act as criers of the court during its sitting. 
 2 R. S. 363, 4th ed. 
 
 Other courts.] Constables are required to attend, 
 when summoned by the sheriff, to the sittings of 
 the circuit courts, oyer and terminer, county courts 
 and sessions, and where required must do the du- 
 ties of crier. 2 R. S. 476, 4th ed. 
 
 Compensation under insolvent lavjs.] The constable 
 when required to summon a jury under the law 
 relating to insolvent debtors, is entitled to receive 
 for summoning a jury in such cases, the sum of one 
 dollar and twelve and a half cents, to be paid by 
 the creditors. 2 R. S. 216, 4th ed. 
 
 Rewards to constables forbidden.] No constable is al- 
 lowed to ask or receive any money or valuable 
 thing from a defendant, or any* other person, as a 
 consideration, reward or inducement, for omitting 
 to arrest any defendant, or to carry him before any 
 justice ; or for delaying to take any party to pri- 
 son ; or for postponing the sale of any property, 
 under an execution ; or for omitting or delaying 
 the execution of any duty pertaining to his office. 
 
 Buying securities, fyc, for prosecution.] No justice 
 of the peace or constable is allowed to directly or 
 indirectly, buy,, or be interested in buying any 
 bond, note or other demand, or cause of action, for 
 the purpose of commencing any suit thereon, be- 
 fore a justice ; nor may any justice or constable, 
 either before or after suit brought, lend or advance, 
 or agree to lend or advance, or procure to be lent 
 or advanced, any money, or other valuable thing, 
 
348 OF THE CONSTABLE. 
 
 to any person, in consideration of, or as a reAvard 
 for, or inducement to the placing or having placed 
 in the hands of such justice or constable, any debt, 
 demand or cause of action whatever, for prosecu- 
 tion or collection. 
 
 Penalty.] Every justice or constable offending 
 against either of the two last provisions will be 
 deemed guilty of a misdemeanor, and on convic- 
 tion, will be subject to fine or imprisonment, or 
 both, in the discretion of the court. Every such 
 conviction will operate as a forfeiture of the office 
 of the justice or constable, so convicted. 2 R. S. 
 194, 2d ed. 
 
 Consequence of neglecting duty.] It is provided by 
 statute as follows : 
 
 If any sheriff, jailor, coroner, marshal, or con- 
 stable, shall, 
 
 1. Wilfully and corruptly refuse to execute any 
 lawful process directed to them, or any of them, 
 requiring the apprehension or confinement of any 
 person charged with a criminal offence : or 
 
 2. Shall corruptly and wilfully omit to execute 
 such process, by which such person shall escape : 
 or 
 
 3. Shall wilfully refuse to receive in any jail un- 
 der his charge, any offender lawfully committed 
 to such jail, and ordered to be confined therein, on 
 any criminal charge or conviction, or on any lawr 
 ful process whatever : or 
 
 4. Shall wilfully suffer any offender lawfully 
 committed to his custody, to escape and go at 
 large : or 
 
 5. Shall receive any gratuity or reward, or any 
 
OF THE CONSTABLE. 349 
 
 security or engagement for the same, to procure, 
 assist, connive at, or permit any prisoner in his 
 custody, on any civil process, or any criminal 
 charge or conviction to escape ; whether such es- 
 cape be attempted or effected, or not; he shall 
 upon conviction, he punished by imprisonment 
 in a county jail not exceeding one year, or 
 by fine not exceeding one thousand dollars, or by 
 both such fine and imprisonment. 
 
 Every sheriff, coroner, marshal or constable, 
 who may be convicted of any offence specified 
 above, forfeits his office, and will be forever dis- 
 qualified to hold any office or place of trust, honor 
 or profit under the laws or constitution of this 
 State. 2 R. S. 570, 2d ed. 
 
 Accounts.] In preparing his accounts to present 
 to the board of supervisors, for his services in crim- 
 inal cases, he should state the place where the 
 offence was committed, and give the name of the 
 justice issuing the warrant in each criminal case 
 with which he has to do, and the nature, of the 
 offence as named in the warrant. (Form of prepa- 
 ring account, Appendix, No. 219.) 
 
 Fees in civil cases.] For serving a warrant or sum- 
 mons, twelve and a half cents. 
 
 For a copy of every summons delivered on re- 
 quest, or left at the dwelling of the defendant in 
 his absence, nine cents. 
 
 Serving an attachment, fifty cents ; for a copy 
 thereof, and of the inventory of the property seiz- 
 ed, left at the last residence of the defendant, fifty 
 cents. 
 
 Serving an execution, or levying a fine or pen- 
 
350 OF THE CONSTABLE. 
 
 alty pursuant to a warrant, five cents for every 
 dollar collected, to the amount of fifty dollars ; and 
 two and a half cents for every dollar collected over 
 fifty dollars. ' ' 
 
 For every mile, going only, more than one mile, 
 when serving a summons, warrant, attachment or 
 execution, six cents ; to be computed from the 
 place of abode of the defendant, or where he shall 
 he found, to the place where the precept is return- 
 able. 
 
 For notifying the plaintiff of the service of a 
 warrant, twelve and a half cents ; and for going to 
 the plaintiff's residence, or where such notice was 
 served, six cents for every mile more than one. 
 
 For summoning a jury, fifty cents. 
 
 Serving a subpoena, twelve and a half cents for 
 each witness served; but no allowance will he 
 made for service upon more than four witnesses in 
 any one cause. 
 
 Fees in special proceedings in civil cases.] Serving a 
 summons, twelve and a half cents ; serving a war- 
 rant nineteen cents ; mileage, for going only, six 
 cents for each mile. 
 
 For advertising and selling any property dis- 
 trained doing damage ; or levying a fine, penalty, 
 or sum, pursuant to a warrant, the same fees as 
 are allowed on executions from justices' courts.. 
 
 Arresting and committing any person, pursuant 
 to process, fifty cents ; and mileage, for going only, 
 six cents. 
 
 Attending any court pursuant to a notice from 
 the sheriff, one dollar and fifty cents a day in the 
 city of New- York, and one dollar and twenty-five 
 
OF THE CONSTABLE. 851 
 
 cents a day in each of the other counties of this 
 State ; which fees are chargeable to the county, 
 and are to be paid by the treasurer thereof, on the 
 production of the certificate of the clerk, specifying 
 the number of days each constable has attended. 
 
 Summoning a jury under the provisions of the 
 Revised Statutes relative to insolvents, one dollar 
 and twelve and a half cents, to be paid by the 
 creditors requiring the jury. 
 
 For any services not specially ' provided for, 
 which may be rendered by a constable, the same 
 , fees as are allowed by law to sheriffs, for similar 
 services. 
 
 Fees in criminal cases.] Serving a Warrant or other 
 process, for the arrest of any person, fifty cents ; 
 and the same fees for mileage as are allowed on 
 warrants in civil cases. 
 
 Taking a defendant in custody on a mittimus,' 
 twelve and a half cents. 
 
 Conveying 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 
 other mile more than one, going only, six cents. 
 
 Serving a subpoena, twelve and a half cents for 
 each witness, and the same mileage as above pro- 
 vided, but mileage is allowed only for the distance 
 actually and necessarily travelled. 
 
 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 shall 
 allow. 
 
 For summoning a jury to re-assess the damages 
 incurred by laying out, altering or discontinuing 
 
352 OF COUNTY AND TOWN DEALERS. 
 
 a road, if from the same town, one dollar; if other- 
 wise, two dollars. 
 
 Serving a summons in the city of Albany on one 
 defendant, and notifying plaintiff of the trial, 
 thirty-seven and a half cents ; serving summons 
 on every other defendant named in the same sum- 
 mons, twenty rfive cents; serving a warrant in a 
 civil suit in the same city, on one defendant, and 
 notifying plaintiff, fifty cents ; for service on every 
 additional defendant named in the same warrant, 
 thirty-seven and a half cents. 
 
 CHAPTER XII. 
 
 OF COUNTY AND TOWN SEALERS. 
 
 The county sealer is appointed by the board of 
 supervisors at their annual meeting. He holds his 
 office during the pleasure of the board. 
 
 His duty.] It is the duty of the county sealer to 
 take charge of the county standards and standard 
 balances, and provide for their safe keeping, and 
 to provide the towns with such standard weights 
 and measures and standard balances as may be 
 wanting, and to compare the town standards with 
 those in his possession as often as once in every 
 five years. 2 R. 8. 4, 4th ed. 
 
 Town sealers.] The town sealer is now appointed 
 by the supervisor and justices of the peace of the 
 town, and holds his office during their pleasure. 
 
 His duty,.] It is the duty of the town sealer to 
 take charge and provide for the safe keeping of the 
 town standards, and to see that the weights, meas- 
 
OP COTTNTT AND TOWN SEALERS. 353 
 
 ures and. all apparatus -used for determining the 
 quantity of commodities used throughout the town, 
 which may be brought to him for that purpose, 
 agree with the standards in his possession. 
 
 Weights and measures.] The standard weights and 
 measures now in charge of the secretary of state, 
 being the same that were furnished to this State 
 by the government of the United States, in accord- 
 ance with a joint resolution of Congress, approved 
 June 14, 1836, and consisting of one standard yard 
 measure, one set of standard weights, comprising 
 one Troy pound, and nine Avoirdupois weights of 
 one, two, three, four, five, ten, twenty, twenty-five 
 and fifty pounds respectively ; one set of standard 
 Troy ounce weights, divided decimally from ten 
 ounces to the one ten thousandth of an ounce; 
 one set of standard liquid capacity measures, con- 
 sisting of one wine gallon of two hundred and thir- 
 ty-one cubic inches, one half gallon, one quart, one 
 pint and one half pint measure, and one standard 
 half-bushel, containing one thousand and seventy- 
 five cubic inches and twenty-one hundredths of a 
 cubic inch, according to the inch hereby adopted 
 as standard, are the standards of weight and meas- 
 ures throughout this state. 
 
 The unit.] The unit or standard measure of length 
 and surface from which all other measures of ex- 
 tension, whether they be lineal, superficial or solid, 
 shall be derived and ascertained, is designated 
 the standard yard. 
 
 The yard.] The yard shall be divided into three 
 equal parts called feet, and each foot into twelve 
 equal parts called inches; for measures of cloth 
 45 
 
354 01' COUNTY AND TOWN SEALEES. 
 
 and other commodities commonly sold by the yard, 
 it may be divided into halves, quarters, eighths 
 and sixteenths. 
 
 The rod.] The rod, pole or perch contains five 
 and a half such yards ; and the mile, one thousand 
 seven hundred and sixty such yards ; the chain for 
 measuring land, is twenty-two yards long, and is 
 divided into one hundred equal parts called links. 
 
 The acre.] The acre, for land measure, is meas- 
 ured horizontally, and contains ten square chains, 
 and is equivalent in area, to a rectangle sixteen 
 rods in length and ten in breadth; six hundred 
 and forty such acres being contained in a square 
 mile. 
 
 Weights.] The units or standards of weight from 
 which all other weights* shall be derived and as- 
 certained, are the standard Avoirdupois and Troy 
 weights designated above. 
 
 The pound.] The Avoirdupois pound, which bears 
 to the Troy pound the ratio of seven thousand to 
 five thousand seven hundred and sixty, is divided 
 into sixteen equal parts called ounces; the hun- 
 dred weight consists of one hundred Avoirdupois 
 pounds, and twenty hundred weight constitutes a 
 ton. The Troy ounce is equal to the twelfth part 
 of the Troy pound. 
 
 The gallon.] The units or standards of measure 
 of capacity for liquids, from which all other mea- 
 sures of liquids shall be derived and ascertained, are 
 the standard gallon and its parts, designated above. 
 
 The barrel.] The barrel is equal to thirty-one and 
 a half gallons, and two barrels constitute a hogs- 
 head. 
 
OF COUNTY AND TOWN SEALEKS. 355 
 
 Half bushel.'] The unit or standard measure of 
 capacity for substances not being liquids, from 
 which all other measures of such substances shall 
 be derived and ascertained, is the standard half- 
 bushel mentioned above. 
 
 The peck, $-c] The peck, half peck, quarter peck, 
 quart and pint measures, for measuring commodi- 
 ties which are not liquid, are to be derived from 
 the half bushel, by successively dividing that mea- 
 sure by two. 
 
 Measures of coal, ashes, $-c] The measures of ca- 
 pacity for coal, ashes, marl, manure, Indian corn 
 in the ear, fruit and roots of every kind, and for all 
 other commodities, commonly sold by heap mea- 
 sure, are the half bushel and its multiples and sub- 
 divisions ; and the measures used to measure such 
 commodities must be made cylindrical, with plain 
 and even bottom, and of the following diameters : 
 from outside to outside the bushel, nineteen and a 
 half inches ; half bushel, fifteen and a half inches : 
 and the peck, twelve and a third inches. 
 
 Heap measure.'] All commodities sold by heap 
 measure must be duly heaped up in the form of a 
 cone ; the outside of the measure by which the same 
 shall be measured to be the limit of the base of 
 the cone, and such cone to be as high as the arti- 
 cle will admit. 
 
 Contracts how construed.] All contracts made with- 
 in this State for work to be done, or for any thing 
 to be sold or delivered by weight or measure, must 
 be taken and construed according to the standards 
 of weight and measure hereby adopted as the 
 standards of this State. 
 
356 OF COUNTY AND TOWN SEALERS. 
 
 Number of pounds to the bushel.] Whenever wheat, 
 rye, Indian corn, barley or oats, are sold by the 
 bushel, and no special agreement is made by the 
 parties as to the mode of measuring, the bushel 
 shall consist of sixty pounds of wheat, fifty-six 
 pounds of rye or Indian corn, forty-eight pounds 
 of barley, and thirty- two pounds of oats. 
 
 Superintendent.] A superintendent of weights and 
 measures for this State, who is required to be a 
 scientific man, of sufficient learning and mechani- 
 cal tact to perform the duties of his office, is ap- 
 pointed by the governor, lieutenant governor and 
 secretary of state, or any two of them, at a meet- 
 ing called for this purpose by the secretary of state, 
 and he holds his office during their pleasure. 
 
 It is the duty of the superintendent to take 
 charge of the standards adopted as the standards 
 of the State ; to see that they are deposited in a 
 fire-proof building belonging to the State, from 
 which they shall in no case be removed, and to 
 take all other necessary precautions for their safe 
 keeping. It is also his duty to correct the stand- 
 ards of the several cities and counties, and provide 
 them with such standards, balances and other 
 means of adjustment, as may be necessary ; and 
 as often as once in ten years, to compare the same 
 with those in his possession : he moreover, has a 
 general supervision of the weights and measures 
 of the State. 
 
 Copies of standard weights and measures.] The state 
 superintendent of weights and measures must pro- 
 cure for the State, a complete set of copies of the 
 original standards of weights and measures adopt- 
 
OF COUNTY AND TOWN SEALEliS. 357 
 
 ed by the State, which must be used for adjusting 
 county standards, and in no case can the original 
 standards be used for any other purpose than the 
 adjustment of this set of copies, and for scientific 
 purposes; he must also procure such apparatus 
 and fixtures as are necessary in the comparison 
 and adjustment of the county standards. • 
 
 Copies of standards for counties.] The supervisors of 
 each county are required to provide for procuring 
 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 
 already in their possession, must be borne by the 
 respective cities, counties and towns for which 
 such expenses shall have been incurred. 
 
 Devices for weights and measures.] The state super- 
 intendent of weights and measures must see that 
 there are impressed on all the city and county 
 standards the emblem of the United States, the 
 letters N. Y., and such other device as he may di- 
 rect for the particular county; and the county 
 sealers must see that in addition to the above de- 
 vice there is impressed on the town standards 
 such other device as the board of supervisors shall 
 direct for the several towns. 
 
 Weights and measures to be marked.] Whenever the 
 several sealers of the cities, counties and towns, 
 compare weights and measures and find or make 
 them to correspond with the standards in their 
 possession, they must seal and mark such weights 
 and measures with the appropriate devices. 
 
358 OP COUNTY AND TOWN SEALERS. 
 
 Fees.] Each sealer is entitled to receive for his 
 services, at and after the following rates: 
 
 For sealing and marking every beam, ten cents; 
 
 For sealing and marking measures of extension, 
 at the rate of ten cents per yard, not to exceed 
 fifty cents for any one measure ; 
 
 For sealing and marking every weight, five 
 cents ; 
 
 For sealing and marking liquid and dry meas- 
 ures, ten cents for each measure. He is also en- 
 titled to a reasonable compensation for making 
 weights and measures conform to the standards in 
 his possession. 
 
 In case of vacancies, standards to be delivered to suc- 
 bessors in office.] Whenever any city, county, or 
 town sealer shall resign, or be removed from office, 
 or remove from the city, county, or town in which 
 he shall have been appointed or elected, it is the 
 duty of the person so resigning, removed, or remo- 
 ving, to deliver to his successor in office all the 
 standard beams, weights, and measures in his 
 possession. 
 
 Same in case of death.] In case of the death of any 
 such sealer of weights and measures, his repre- 
 sentative must in like manner deliver to his suc- 
 cessor in office, such beams, weights, and mea- 
 sures. 
 
 Penalty for refusal. In case of refusal or neglect 
 to deliver such standards, entire and complete, the 
 successor in office may maintain an action against 
 the person or persons so refusing or neglecting, 
 and recover double the value of such standards as 
 shall not have been delivered. And in every such 
 
OP COUNTY AND TOWN SEALERS. 359 
 
 action in which judgment shall be rendered for the 
 plaintiff, he will recover double costs. 
 
 Damages how disposed of.] One-half of the dam- 
 ages recoverd in every such action, may be retain- 
 ed by the person so recovering, and the other must 
 be applied to the purchase of such standards as 
 may be required in his office. 
 
 Penalty for using false weights and measures.] Any 
 person who shall use any weights, measures, 
 beams, or other apparatus, for determining quan- 
 tity of commodities, which shall not be conform- 
 able to the standards of this State, whereby any 
 person shall be injured or defrauded, will be sub- 
 ject to a fine not exceeding five dollars for each 
 offence, to be sued for and collected by the city or 
 town sealer; he will also be subject to an action 
 at law, in which the defrauded person will recov- 
 er treble damages and costs ; and it is the duty of 
 every person keeping any store, grocery or other 
 place, for the sale or purchase of such commodi- 
 ties as are usually sold by weight or measure, once 
 in each year to procure the weights and measures 
 used by him to be compared with the standard 
 above mentioned, and will be subject to a fine of 
 five dollars for every neglect to comply with this 
 provision, to be recovered by any one who may 
 prosecute therefor. 
 
 Surveyor's testimony.] No surveyor is allowed to 
 give evidence in any cause pending in any of the 
 courts of the State, or before arbitrators, respecting 
 the survey or measurements of lands which he 
 may have made, unless such surveyor shall make 
 oath, if required, that the chain or measure used 
 
360 OP THE BOAED OF TOWN AUDITORS. 
 
 by him was conformable to the standards which 
 were the standards of the State, at the time such 
 survey was made. 2 R. S. 6, 4th ed. 
 
 CHAPTER XIII. 
 
 OF THE BOARD OF TOWN AUDITORS. 
 
 The board of town auditors is composed of the 
 supervisor, town clerk and justices of the peace 
 of the town, or any two of the justices of the peace; 
 that is to say, should all the justices of the town 
 and the supervisor and town clerk meet to com- 
 pose the board of town auditors, t those officers 
 would constitute the board ; should but two of the 
 justices meet with the supervisor and town clerk, 
 the board would be deemed sufficiently full for the 
 transaction of business. This board was created 
 for the purpose of auditing and allowing the ac- 
 counts of all charges and claims payable by their 
 respective towns. 
 
 When to meet.] This board are required to meet 
 annually, for the purpose above stated, at the 
 place of holding the last annual town meeting in 
 their town, on the last Thursday preceding the 
 annual meeting of the board of supervisors of the 
 county. 1 R. S. 663, 4th ed. Laws of 1844, chap. 
 228. 
 
 The clerk of the board of supervisors usually 
 sends a notice to the supervisor of each town, in- 
 forming him of the day of the annual meeting of 
 the board, and encloses a blank for the use of the 
 auditors, to be filled up by them. It would he 
 
OF THE BOAED OP TOWN AUDITORS. 361 
 
 well for some member of the board of town audi- 
 tors, at least ten days before they meet, to put up 
 or publish notice of the time and place of their 
 meeting. Such notices would give persons having 
 business to transact before the board, time to pre- 
 pare and verify their claims and would tend to fa- 
 cilitate their labors. 
 
 What claims they may audit.] As before stated, the 
 claims to be audited by the board of auditors of 
 town accounts, consist of charges payable by their 
 respective towns. These are the charges of town 
 officers, and others, for services rendered for their 
 respective towns, among which would be, 
 
 1st. The charges which a supervisor may have 
 for prosecuting or defending suits in his official 
 capacity, and for procuring the survey of the 
 bounds of his town, (see page 4,) and for procuring 
 the survey of non-resident lands, (see page 5,) and 
 for attending town meeting, the board of excise and 
 board of auditors, making list > of jurors, and for 
 rendering any other service the charge for which 
 would be payable by his town. 
 
 2d. The charges of the town clerk for his ser- 
 vices in keeping the records of the town, making v 
 out road warrants, entering orders of highway 
 commissioners, transcribing papers, acting as clerk 
 for the town superintendent, (see page 102,) filing 
 papers, attending town meetings and board of audi- 
 tors, and discharging such other duties as are re- 
 quired by law, (page 98,) the compensation for 
 which would be a town charge. 
 
 3d. The charges of justices of the peace for at- 
 
 46 ' 
 
362 OP THE BOARD OF TOWN AUDITORS. 
 
 tending town meetings, attending the board of 
 town auditors, boards of excise, attending meet- 
 ings to appoint town officers, discharging the du- 
 ties enjoined on them by the poor laws, except for 
 services rendered for county paupers, which must 
 be audited by the superintendents of the poor. Page 
 188. (The auditors have nothing to do with the 
 charges of justices in criminal proceedings.) 
 
 4th. The accounts of assessors, for their per diem 
 in making their assessments. 
 
 5th. The charges of overseers of the poor for 
 their per diem allowance in performing their duty 
 in regard to the relief and support of the poor, in 
 regard to bastards, disorderly persons, jugglers,, and 
 any other duty required of them by law. (Their 
 accounts for moneys received and disbursed are 
 adjusted at another time, hereinafter mentioned.) 
 
 6th. The charges of commissioners of highways 
 for their per diem allowance, in the discharge of 
 their duty. (Auditors at this meeting having noth- 
 ing to do with the accounts of the commissioners 
 for the disbursement of public money.) 
 
 7th. The charges of the town superintendent for 
 his services in examining the qualification of 
 teachers, visiting schools, attending and regula- 
 ting districts, apportioning school moneys, and for 
 performing any other duty which may properly be 
 denominated a town charge. 
 
 8th. The claims of inspectors of election for their 
 services in attending elections. 
 
 9th. Such other claims as are properly a town 
 charge. 
 
OF THE BOARD OP TOWN AUDITORS. 363 
 
 Town charges defined.'] The following are deemed 
 town charges. 
 
 1st. The compensation of town officers for ser- 
 vices rendered for their respective towns : 
 
 2d. The contingent expenses necessarily incur- 
 red for the use and benefit of the town : 
 
 3d. The moneys authorised to be raised by the 
 vote of a town meeting for any town purpose : 
 . 4th. Every sum directed by" law to be raised for 
 any town purpose. 1 R. S. 358; p. 351, 2 ed. 
 
 Accounts for the compensation of town officers, and 
 the contingent expenses of towns, after being au- 
 dited by the board of town auditors as above men- 
 tioned, must be presented to the board of super- 
 visors. 1 R. S. 356; p. 351, 2 ed. 
 
 To make certificates.] The board must make a cer- 
 tificate to be signed by a majority of the board, 
 specifying the name of the person in whose name 
 the account is drawn, the nature of the demand, 
 and the amount allowed ; and must cause a du- 
 plicate of such certificate to be made, one of which 
 must be delivered to the town clerk of said toAvn, 
 to be by him kept on file for the inspection of any 
 of the inhabitants of the town, and the other must 
 be delivered to the supervisor of the town, to be 
 by him laid before the board of supervisors of his 
 county at their annual meeting. Laws of 1840, p. 
 251. From the 24th section of chap. 455 of the 
 Laws of 1847, it would seem that a copy of this 
 abstract must also be forwarded to the clerk of the 
 board of supervisors. 
 
 Accounts for moneys received and disbursed by 
 
364 OP THE BOARD OF TOWN AUDITORS. 
 
 town officers, are presented to the town auditors 
 at another day hereinafter mentioned.* 
 
 Settlement day.] There is a meeting of the board 
 of auditors, besides, the annual meeting, above pro- 
 Added for on the Thursday preceding the meeting 
 of the board of supervisors, which I have denomi- 
 nated settlement day; which meeting must be 
 held on the Tuesday preceding the annual town 
 meeting. The duty of the auditors at this meet- 
 ing consists in receiving the accounts of overseers 
 of the poor, {seepage 186,) and comparing the same 
 with the entries in the poor books, examining the 
 vouchers in support of the same, auditing and set- 
 tling the accounts and stating the balance due to 
 or from the overseer. 1 R. S. 626 ; p. 635, 2d ed. 
 
 It is also their duty at this meeting, to receive 
 the accounts of commissioners of highways, (see 
 page 233,) for adjustment and settlement. They 
 must also at this time examine the accounts of 
 the town superintendents of schools, (see page .285,) 
 to see that the same are correctly kept, and that 
 the school moneys- are properly disbursed. 1 R. 
 S. 888, 4th ed. 
 
 The auditors at this time will also receive the 
 accounts of the supervisor of their town. The su- 
 pervisor will there, at that meeting, account with 
 the justices and town clerk for the disbursement 
 
 * At page 283, the meeting of this board is spoken of as an annual meet- 
 ing, because the term is so used in the' statute. The annual meeting proper is 
 the meeting now provided for on the Thursday preceding the meeting of the 
 hoard of supervisors, and for the purpose of avoiding confusion in the use of 
 terms, I have in this chapter, called the second meeting of the board, being 
 the one alluded to at page 283, " settlement day." 
 
OF THE BOARD 01? TOWN AUDITORS. 365 
 
 of all moneys received by him. 1 R. S. 584, 4th 
 ■ed. Seepage 4.* 
 
 Majority may act.] When the board is regularly 
 formed, a majority may act, although the supervi- 
 sor or any other member dissents. 1 Hill, 195. 
 
 Their certificate need not be signed with their 
 official additions, if it purport to be made by the 
 board of town auditors it is enough ; nor need it 
 in terms state that they meet at the place pre- 
 scribed by law. Id. 
 
 Verification.] The auditors are not allowed to au- 
 dit any account, unless the same is made out in 
 items, accompanied with an affidavit attached to 
 and to be filed with the account, made by the per- 
 son presenting or claiming the same, that the 
 items of such account are correct, and that the 
 disbursements and services charged therein have 
 been in fact made or rendered, or necessary to be 
 made and rendered, at the session of the board at 
 which it is presented, and that no part thereof has 
 been paid or satisfied. (Form of affidavit, Appendix, 
 No. 220.) Laws of 1844, chap. 490. 1 R. S. 664, 
 
 * A remark of the editor's occurs in a note at page 663, 1 Revised Statutes, 
 4th ed., to the effect that the entire article of the Revised Statutes relating 
 to auditors of town accounts is superceded by the first three sections of the 
 act of 1850, which remark, it is respectfully suggested, should be taken 
 with some qualification. The law of 1850 provides in terms for the annual 
 meeting of the auditors on the Thursday preceding the annual meeting of the 
 board of supervisors, and says nothing about any other meeting. But that 
 act does not profess to repeal, nor supercede the provisions of the Revised 
 Statutes which require overseers of the poor, (1 R. S. 626, 635, 2d ed.,) and 
 commissioners of highways, (1 R. S. 500, 2d ed..) to render their accounts to 
 the auditors for settlement, hence, although a meeting is not expressly di- 
 rected in- terms to be held on the Tuesday preceding the town meeting, yet 
 such a meeting is necessarily implied in order to give effect to the statute, 
 besides this meeting is as indispensable and necessary as the annual meeting 
 provided for by the act of 1850. 
 
366 OP BOARDS OF HEALTH. 
 
 4th ed. The affidavit above mentioned is not to 
 be construed to prevent the board from disallow- 
 ing an account in whole or part. The board* if 
 they think proper, may require further evidence of 
 the truth and propriety of the accounts in addition 
 to the affidavit. 1 R. S. 664, 4th ed. 
 
 CHAPTER XIV. 
 
 OF BOARDS OF HEALTH. 
 
 Boards of health in cities are appointed by the 
 common council, and in incorporated villages by 
 the trustees thereof. When thus appointed, the 
 board must consist of not less than three nor more 
 than seven persons, besides a physician who re- 
 ceives his appointment from the same source, and 
 is denominated the health officer for such board. 
 Boards of health are appointed annually. Laws of 
 1850, chap. 324. 1 M. S. 852, 4th ed. 
 
 Boards of health in towns.] The supervisor and 
 justices of the peace, or the major part of them, of 
 each town, constitute the board of health fonsuch 
 town each year. When a majority of those offi- 
 cers are of the opinion that the public good re- 
 quires it, they may appoint some competent phy- 
 sician to be the health officer of such town. 
 
 Powers and duties.] They are required to meet in 
 their respective cities, villages and towns, and fix 
 and determine the period of quarantine to which 
 vessels, vehicles, or persons arriving in such city, 
 village or town, shall be subject ; the board have 
 power after an examination, to reduce the period 
 
OP BOARDS OF IIEALTH. 367 
 
 of quarantine of such vessel, vehicles or persons, 
 if they deem it safe so to do. 
 
 To prescribe the duties and powers of the health 
 officer ; to direct him from time to time in the per- 
 formance thereof, and to fix his compensation. 
 
 To make regulations in their discretion, concern- 
 ing the place and mode of quarantine ; the exami- 
 nation and purification of vessels, boats and other 
 craft, not under quarantine; the treatment of ves- 
 sels, articles or persons thereof; the regulation of 
 intercourse with infected places; the apprehen- 
 sion, separation and treatment of emigrants and 
 other persons who may have been exposed to any 
 infectious or contagious disease ; the suppression 
 and removal of nuisances ; and all such other regu- 
 lations as they shall think necessary and proper 
 for the preservation of the public health. 
 
 To regulate and prohibit or prevent all commu- 
 nication or intercourse by and with all houses, 
 tenements and places, and persons occupying the 
 same, in which there shall be any person who may 
 have been exposed to any infectious or contagious 
 disease. 
 
 To procure suitable places for the reception of 
 persons under quarantine, and persons sick with 
 the Asiatic or malignant cholera, or any other ma- 
 lignant, infectious or contagious disease ; and in 
 all cases where sick persons cannot otherwise be 
 provided for, to procure for them proper .medical 
 and other attendance and necessaries. 
 
 To publish from time to time all such regula- 
 tions as they shall have made, in such manner as 
 to secure early and full publicity thereto. 
 
3G8 OF BOARDS OF HEALTH. 
 
 To issue warrants to any constable of their re- 
 spective cities, villages or towns, to apprehend and 
 to remove such persons as cannot otherwise be 
 subjected to the regulations by them adopted, and 
 whenever it becomes necessary to do so, to issue 
 their Avarrant to the sheriff of their respective coun- 
 ties, to bring to their aid the power of the county ; 
 all which warrants must be forthwith executed by 
 the officers to whom they are directed, who will 
 possess the like powers, and be subject to the like 
 duties in the execution thereof, as if the same had 
 been duly issued out of any court of record in this 
 State. 
 
 To employ all such persons as may be necessary 
 to enable them to carry into effect the regulations 
 they shall have adopted and published, and the 
 powers vested in them by law, and to fix their 
 compensation. Every person who wilfully vio- 
 lates any regulation so made and published by 
 any such board of health, will be deemed guilty of 
 a misdemeanor, and on conviction thereof will be 
 subject to fine or imprisonment, or both, at the 
 discretion of the court, such fine not exceeding 
 one thousand dollars, nor such imprisonment two 
 years. 1 R. S. 853, 4th ed. Laws of 1850, chap: 
 324,p. 690. 
 
 To provide rooms for the sick.] Should a pestilence 
 or a contagious disease prevail in a poor house or 
 its vicinity, provision is made by law for the remo- 
 val of persons supported at such poor house ; and 
 in such case it becomes the duty of the board of 
 health of the city or town within which such 
 poor house maybe located, to designate some suita- 
 
OP BOARDS OP HEALTH. 369 
 
 ble place in the same county where such persons 
 may be provided for, until they can be safely re- 
 turned to the county poor house, or discharged. 1 
 R. S. 853, 4th ed. Laws of 1850, p. 692. 
 
 Counties Excepted.] The regulations above men- 
 tioned for the formation of boards of health, do 
 not apply to the city and county of New- York, nor 
 the city of Brooklyn. For the regulations in this 
 respect in the city of Brooklyn, see 1 R. S. 849, 4th 
 ed., and for the city of New- York, 1 R. S. 816. 
 
 Power relating to nuisances.] In cities, power is 
 usually conferred upon the common council, in ex- 
 press terms, to abate nuisances ; hence boards of 
 health in cities, usually do no more in that direc- 
 tion than to report such nuisances as they may 
 deem to exist, to the common council, to be dis- 
 posed of by that tribunal ; but in villages and 
 towns the power above conferred upon boards of 
 health to suppress and remove nuisances, was given 
 for wise and beneficent purposes. 
 
 Notwithstanding a public nuisance may be 
 abated by any one at common law, (3 Paige, 213,) 
 it is prudent, in order to prevent any disturbance 
 of the public peace and with a view also to insure 
 attention to such matters, that some public body, 
 or public officer should be designated, whose spe- 
 cial duty it is to guard the public health against 
 the inroads of disease, and protect the community 
 against whatever may render the enjoyment of life 
 and property uncomfortable. But in the discharge 
 of their duty, they should be careful and not trans^ 
 cend their powers. Such bodies must show a 
 
 47 
 
370 OP BOARDS OF HEALTH. 
 
 grant either in express terms or by necessary im- 
 plication for all the power and authority they 
 undertake to exercise. Sharp v. Spear, 4 Hill, 83. 
 City of Rochester v. Collins, 12 Barb. 526. 
 
 In the case of Van Wormer v. The city of Albany, 
 Chief Justice Savage remarks, that it is right that 
 the power to suppress and remove nuisances 
 should exist some where, to be exercised upon a 
 proper emergency. If the civil authorities were 
 obliged to await the slow progress of a public pro- 
 secution the evil arising from nuisances would 
 seldom be avoided. 15 Wend. 264. In construing 
 a statute in that case, containing a clause pre- 
 cisely like the clause in the statute above cited 
 relating to nuisances now in force, the same judge 
 remarks. "It cannot be doubted, I think, that 
 the statute gives a summary remedy to remove 
 or abate nuisances." 
 
 Nuisance defined.] A nuisance is defined to be 
 any thing that annoys, incommodes, and offends; 
 any thing that renders the enjoyment of life un- 
 comfortable. BurrilVs Law Die. 760. 5 Hill, 
 12. 
 
 A common nuisance is defined to be one that 
 affects the public, being an annoyance to the whole 
 community in general ; as distinguished from a 
 private nuisance, which is confined in its effects 
 to particular individuals. BurrilVs Law Die. 244. 
 4th Steph. Com. 294. 
 
 A business need not be unhealthy to be a nui- 
 sance, it is sufficient if it be offensive to the senses, 
 and if it renders life uncomfortable. Howard v. 
 
OP BOARDS OF HEALTH. 371 
 
 Lee, 3 Sandford Sup. C. Rep. 281. Brady v. Weeck, 3 
 Barb. 157. 
 
 A person sick with an infectious or contagious 
 disease in his own house, or in suitable apartments 
 at a public hotel or boarding house, is not in con- 
 templation of law, deemed a nuisance. Boom v. 
 City of Utica, 2 Barb. 104. 
 
 Among other offensive things that have been 
 declared nuisances, it has been decided that a 
 dwelling house cut up into small apartments, in- 
 habited by a crowd of poor people, in a filthy con- 
 dition, and calculated to breed disease, is a public 
 nuisance, and may be abated by persons residing in 
 the neighborhood by .tearing it down, especially 
 during the prevalence of the Asiatic cholera. 
 Meeker v. Van Rensselaer, 15 Wend. 397. 
 - Boards should make a record of their proceedings.} 
 Such boards are clothed with large discretionary 
 power. Their decision upon matters within their 
 jurisdiction is in the nature of a judicial sentence 
 or decree, and hence should be in writing. Their 
 determinations frequently very seriously affect the 
 rights and property of individuals, and it is as im- 
 portant that their proceedings should be made a 
 matter of record, as it is that courts should preserve 
 a record of .their proceedings. 15 Wend. 399. 
 
 Accounts.] Prior to 1854, the expenses incurred by 
 the several boards of health, however large, were 
 a county charge. The compensation for their ser- 
 vices was a town charge. By the statute of 1854, 
 chap. 169, p. 359, the law is materially amended in 
 that respect. The fifth section of the act of 1850 
 
372 OP BOARDS OF HEALTn. 
 
 is so amended, that provision is now made for the 
 payment of the expenses incurred by such boards 
 in the discharge of their duty, as a county charge to 
 the amount of three hundred dollars and no more, 
 and all such expenses exceeding the sum of three 
 hundred dollars, must be charged, levied, and col- 
 lected upon the town, city or village where such 
 expenses have been made. (See definition of county 
 charges, ante, page 24.) 
 
 It will be observed that in the fifth section of 
 the act of 1854 above mentioned, nothing is said 
 about the compensation of the members of the 
 board, for their individual services, being a town, 
 village or city charge ; it would seem, therefore, that 
 all charges, whether for the compensation of the 
 members of the board for their labors, or for the 
 expenditures by them made, within the sum of 
 three hundred dollars should be audited as a coun- 
 ty charge, and all sums above that amount as a 
 village, city or town charge. There is, however, 
 a variety of opinion by different boards in regard 
 to the true construction of that section, and until 
 it undergoes judicial construction, the law in that 
 respect cannot be considered as settled. 
 
 The items of their account must be made out 
 and verified in the same manner as the charges of 
 other officers. (Form of verification, Appendix, No. 
 220.) 
 
 The law with regard to the adjustment of the 
 claims of boards of health, is so fully stated in the 
 opinion of Justice Johnson in the case of the board 
 of health of the city of Rochester v. The Board of 
 
OF BOARDS OP HEALTH. 373 
 
 Supervisors of the county of Monroe, 18 Barb. 567, 
 that it has been deemed proper to give the sub- 
 stance of that case. It was a motion for a man- 
 damus to compel the board of supervisors of the 
 county of Monroe, to audit and allow the expenses 
 incurred by the board of health in the year 1853. 
 The motion was heard at the general term, in 
 June, 1854, upon the affidavits on which the appli- 
 cation was made, and the return thereto. The 
 claim presented for allowance amounted to be- 
 tween four and five thousand dollars. On the part 
 of the board of health it was shown that the claim 
 for the expenses was presented to the board of 
 supervisors, at their annual meeting next after the 
 expenses had been incurred, and that they refused 
 to audit or allow the same, or to recognize them 
 as proper claims against the county. The return 
 of the supervisors contained copies of the claims 
 presented, and alleged that the claims were pre- 
 sented in behalf of, and as belonging to the city 
 of Rochester, and that they were not verified in 
 any way, except by the affidavit of H. $., who was 
 styled "Auditor of the board of health." This affi- 
 davit was annexed, and merely showed that the 
 accounts presented contained a true statement of 
 the individuals whose accounts were allowed, and 
 that he drew orders for the amount set opposite 
 each name, respectively, upon the city treasurer, 
 who paid the same. There was nothing to show 
 what kind or amount of services had been render- 
 ed by the persons thus paid, or what their claims 
 consisted of. No items were given, but the gross 
 amount paid to each, only. One charge in the ac- 
 
374 OF BOARDS OF HEALTH. 
 
 count was " For the purchase of West Spring St 
 hospital, $900." These facts were not denied by 
 the board of health. 
 
 By the Court, Johnson, P.J. " Whatever may- 
 have been the duty of the board of supervisors, in 
 regard to allowing the accounts as presented, as a 
 charge against the county of Monroe, it is quite 
 clear, I think, that this proceeding cannot be 
 maintained by the board of health. They have 
 no title to the relief demanded, and no interest 
 whatever in the allowance of the accounts, or any 
 of them, as a charge upon the county. Their com- 
 pensation is chargeable upon the city, and they 
 have no interest in the allowance or the payment 
 of the claims of others. They are not responsible 
 for those claims, whether they are allowed or re- 
 jected. Besides, I am of opinion that boards of 
 health, as constituted by statute, have not the ca- 
 pacity to sue or be sued. 
 
 " It maybe, and I am inclined to the opinion that 
 they are quasi corporations invested with corporate 
 powers, sub modo, for specified purposes, like over- 
 seers of the poor of a town. But they are not au- 
 thorized to sue by any statute, and I am unable to 
 perceive that the existence of any such power is 
 necessary to enable them to exercise fully the 
 powers and duties with which they are specially 
 charged. It is a general principle that corporations, 
 being the mere creature of the law, possess only 
 those properties which the act or charter of crea- 
 tion confers, either expressly or as incidental to 
 their existence. Ang. §■ Ames on Corp., 1 to 7. 
 The general act gives them power to issue war- 
 
OF BOARDS OP HEALTH. 375 
 
 rants to enforce their orders as a board or tribunal, 
 but gives them no power to maintain any action 
 or other legal proceeding. 
 
 " It is contended on behalf of the supervisors that 
 the county of Monroe is not liable for the expenses 
 incurred by the board of health of the city of 
 Rochester, because that board is appointed under 
 the authority conferred by the city charter, and 
 not under the general act. 
 
 "The general act was passed April 10, 1850, and 
 took effect immediately; (Sess. Laws of 1850, 690, 
 chap. 324;) and in terms applied to the several 
 boards of health, then organized in cities and vil- 
 lages, and to the several boards to be appointed 
 under the general act. The cities of New York 
 and Brooklyn are specially excepted from its pro- 
 visions. 
 
 " When this act was passed and took effect, the 
 city of Rochester had a board of health which was 
 constituted under the provisions of the act of 1844 
 to consolidate and amend the act of incorporation 
 (Session Laws of 1844, 207, tit. 2,) and had been 
 continued from that time up to the passage of this 
 act. 
 
 "On the same day of the passage of the general 
 act, another act was passed, to consolidate and 
 amend the several acts relating to the charter of 
 the city of Rochester, in which the same provi- 
 sions were contained, in regard to a board of 
 health, which were contained in the act of 1844. 
 This act did not take effect until twenty days after 
 its passage, and expressly provided that all offi- 
 cers then in office, except assessors and collectors, 
 
376 OV BOARDS OF HEALTH. 
 
 should continue to exercise their offices until the 
 expiration of the term for which they were elect- 
 ed. The general act, therefore, applied to the 
 board of health in existence in the city of Roches- 
 ter at the time of its passage. The same board 
 has been continued under the amended charter, 
 and there can be no doubt, I think, that the gen- 
 eral act is applicable to it. 
 
 " The first and second sections of the general act 
 provide for the appointment of boards of health in 
 cities, villages and towns, where such boards did 
 not then exist. The third section relates to the 
 powers of such boards, and confers the same pow- 
 ers upon the several boards already organized, as 
 upon those to be organized under the authority of 
 the act, where they did not then exist. The gen- 
 eral act did not attempt to change or interfere 
 with the mode of appointment in places where ap- 
 pointments were provided for and regulated by 
 statute and had been made. But it did prescribe 
 their power and duties, and made the expenses in- 
 curred by them in executing those powers, and 
 performing those duties, a charge upon the county 
 in which they were respectively situated. It can 
 make no difference under what act, or in what 
 particular form, their appointment is authorized 
 and made. Their general powers and duties are 
 prescribed and regulated by the general act, and 
 the expenses incurred in carrying out these pow- 
 ers are made a county charge. The fifth section 
 is clear and full upon this subject, and includes 
 all boards, whether their appointment was author- 
 ized and regulated by former special acts, or by 
 
OF BOARDS OF HEALTH, 377 
 
 the general act. But the expenses which are 
 made a county charge, are those incurred in the 
 execution of the powers conferred by the general 
 act, and no others. The city charter, as consoli- 
 dated and amended in 1'844, and again in 1850, 
 authorized the common council to prescribe the 
 •powers and duties of the board of health. Whether 
 the common council can, in the exercise of this 
 authority, confer any powers upon the board of 
 hearth, not conferred by the general act, it is not 
 necessary to inquire. But if they can, the ex- 
 penses of carrying out such additional powers 
 would not, most clearly, be a county charge, and 
 the board of supervisors would have no right or 
 authority to allow them as such. And I take it, 
 before a claimant can compel a board of supervi- 
 sors to allo,w a claim, as a county charge, he is 
 bound in some way to make it appear to such 
 body that his claim is properly chargeable upon 
 the county. I conclude, therefore, that the ex- 
 penses incurred by the board of health of the city 
 of Rochester, in the execution of the general act, 
 are properly chargeable upon the county of Mon- 
 roe, and are to be audited and allowed by the 
 board of supervisors, and collected by general tax, 
 whenever presented in the form, and verified in 
 the manner prescribed by statute. 
 
 " The next question which arises is, was it the 
 duty of the board of supervisors to audit and allow 
 the accounts as presented, or any portion of them ; 
 and should they have been compelled to do so by 
 mandamus, had the proper parties applied 1 
 48 
 
378 OF BOARDS OF HEALTH. 
 
 County charges.] "The only authority possessed 
 by boards of supervisors to make claims, whether 
 presented by individuals or corporations, a county 
 charge, is conferred by statute. It is made the 
 duty of these boards (1 R. S. 367, § 2) to examine, 
 settle and allow all accounts chargeable against 
 their respective counties, and to direct the raising 
 of such sums as may be necessary to defray the 
 same. But before they are authorized to allow 
 any account and direct the raising of money to de- 
 fray it, it must be presented properly made out and 
 verified. The mode of presentment and verifica- 
 tion, is prescribed by the twenty-sixth section of 
 the same act. The account is to be presented in 
 items, and not in gross, and is to be accompanied 
 by an affidavit made by the person presenting or 
 claiming the same, stating that the items are cor- 
 rect, and that the disbursements and services 
 charged therein, have been in fact made or ren- 
 dered, and that no part thereof has been paid or 
 satisfied. Unless accounts are so presented and 
 verified, the board are prohibited from allowing 
 them as county charges. The defendants, in their 
 return, allege that these accounts were presented 
 as claims on behalf of, and as belonging to the 
 city of Rochester, and that the only affidavit ac- 
 companying said accounts, or attached thereto, 
 was the affidavit of H. S. which is attached to, 
 and made part of said return. And this is not de- 
 nied or controverted by the answer of the board of 
 health. This affidavit does not contain a single 
 requisite prescribed by the statute. H. S. as appears 
 by the affidavit, was the auditor of the board of 
 
Or BOARDS OF HEALTH. 379 
 
 health of said city. -He deposes that the papers 
 annexed, which are the accounts, contain a true 
 and exact statement of the individuals whose ac- 
 counts were allowed ; that he drew orders in fa- 
 vor of such individuals for the sums set opposite 
 their respective names, upon the city treasurer, 
 and that such Orders were paid by such treasurer. 
 Form of accounts.] " There is not a word to show 
 that the accounts were correct, and for services 
 actually rendered, or disbursements in fact made, 
 by the direction and in pursuance of the authority 
 of the board of health, or any thing having the re- 
 motest bearing upon the subject. Clearly the 
 board of supervisors had no right or power to al- 
 low these accounts as a charge upon the county, 
 presented in this form. 
 
 " If the auditor of the board of health — an officer 
 unknown to the statute — had seen fit to audit and 
 allow, and the city treasurer to pay these accounts 
 without requiring them to be presented in the form, 
 and to be verified in the manner required, to au- 
 thorize their allowance by the board of supervisors, 
 they did it in their own wrong. Their ignorance 
 or mistakes could confer no authority upon the 
 supervisors to violate the statute. If the city de- 
 signed making these claims a county charge, it 
 was the duty of its authorities to see that the ac- 
 counts,^ when presented, and allowed and paid 
 from their treasury, were so made out and veri- 
 fied, as to entitle them to be audited by the board 
 of supervisors. 
 
 " But the accounts were not proper in point of 
 form and statement. The statute requires them 
 
380 OF BOARDS OF HEALTH. 
 
 to be presented in items. These accounts are all 
 in gross sums — the total amount paid each indi- 
 vidual, without any items whatever. 
 
 " The statute has made it the duty of supervisors, 
 before allowing any account, to see the items, the 
 particular service rendered, or goods furnished, 
 and the price charged therefor, to enable them to 
 judge of the honesty and legality of the transac- 
 tion, and the justness of the amount of compensa- 
 tion claimed. This is important information for 
 them, as guardians of the public interests, to pos- 
 sess ; as without it, a just and upright and impar- 
 tial discharge of their duties would be impossi- 
 ble. 
 
 " In addition to this, there are charges in the ac- 
 count presented which clearly were' not allowable 
 as county charges. One is, " for the purchase of 
 West Spring St. hospital, $900." The statute does 
 not authorize these boards to purchase and hold 
 real estate. Among their general powers, the 5th 
 sub-division of section two gives them authority 
 to procure suitable places for the reception of per- 
 sons under quarantine, and persons sick with the 
 Asiatic or malignant cholera, or any other malig- 
 nant, infectious or contagious disease. This grant 
 of power is satisfied by allowing them to lease for 
 the time being, and as occasion shall require, suit- 
 able places of reception for the classes of persons 
 named ; or in case they are not able to do that, to 
 erect temporary establishments for that purpose. 
 The object of the statute in conferring this power, 
 obviously was to enable these boards to meet tem- 
 porary emergencies, and not to incorporate perma- 
 
OF BOARDS OF HEALTH.- 381 
 
 nent hospitals. "Whether this purchase is com- 
 pleted or not, does not appear, nor to whom the 
 title is, or is to be conveyed. But it is quite certain 
 that before these boards of health can purchase 
 and permanently hold and own real estate, the 
 legislature must confer additional powers for that 
 purpose. 
 
 "On the whole, therefore, I am entirely satisfied 
 that the board of supervisors ought not to have al- 
 lowed these accounts, in the form in which they 
 were presented, and also that the board of health 
 cannot maintain this proceeding." 
 
 Motion denied. 
 [Monroe General Term, Sept. 5, 1854, Johnson, Welles 
 and T. R. Strong, justices.'] 
 
 By-laws not binding unless published.'] It is only 
 when a regulation of the board of health has been 
 made and published, that a person can be convicted 
 for its violation, under the 4th section of the act 
 of 1850, chap. 324. Reed v. The People, 1 Parker 
 Crim. Report, 481. 
 
 This case originated in the village of Albion. 
 The board of health in that village was appointed 
 by the trustees under the act above cited of 1850. 
 The board adjudged certain premises of Reed a 
 nuisance ; the ordinance however was not general 
 in its character but applied only to the premises 
 of Reed. For an alleged violation of the Order 
 of the board, Reed Was indicted and convicted. 
 A writ of error was brought to the Orleans sessions 
 and judgment reversed. Justice Welles, in deliver- 
 ing the opinion of the court, remarks : " The board 
 of health probably had the power to adjudge and 
 
382 OF COMMISSIONERS OP LOANS. 
 
 declare the premises a nuisance and to procure it 
 to be abated. The regulations which boards of health 
 have power to make, so as to attach to the violation 
 of them, the penalties provided in the fourth sec- 
 tion, are to be in the nature of by-laws; they are to 
 be prescribed and published, and are to affect generally 
 all persons within the scope of their operation. 
 The term- regulation is to be understood in contra- 
 distinction to a judgment, sentence, decree or 
 order, and contemplates the exercise of a power 
 in its character legislative rather than judicial." 
 (See further as to the powers of such boards, same case, 1 
 Par. Cr. R. 493.) 
 
 CHAPTER XV. 
 
 OF COMMISSIONERS OF LOANS. 
 
 Name and origin of the office.] The statute designa-. 
 tion of the officers whose duties are pointed out in 
 this chapter is "The commissioners for loaning 
 certain moneys of the United States, of the coun- 
 ty of ." The county for which the officer is 
 
 appointed must be inserted after the word of, and 
 then the designation of the officer is complete. 
 The foregoing designation is the name and style 
 to be used in all legal and other proceedings by 
 them in their official capacity. 1 R. S. 564, 4th ed. 
 Some confusion has existed in practice in giving 
 the proper name to this office. This has arisen 
 from the fact that a number of different statutes 
 have been passed from time to time in which offi- 
 
OP COMMISSIONERS OF LOANS. 383 
 
 cers, whose duties are somewhat similar to those 
 mentioned in this chapter, were characterized by- 
 names in some respects alike, yet differing in the 
 transposition of the words. 
 
 In the early history of the State, when money 
 was exceedingly scarce and the settlers of a new 
 country were recovering from the impoverishment 
 of a protracted war, statutes were passed providing 
 for the loan of such moneys to the people of the 
 State as could he spared from the treasury. These 
 statutes began to be passed soon after the close of 
 the revolutionary war. An act of this kind was 
 passed March 14, 1792. Another was passed 
 modifying those then in force, in April, 1808. 
 
 These acts were modified and new provisions 
 enacted by the laws of 1819, p. 37, and by the 
 laws of 1820, p. 24, and 1821, p. 17, and 1822, p. 
 265, and 1823, p. 205, and in 1832. The officers 
 appointed under the earliest statute were called 
 the loan officers, and for convenience in after times, 
 were called old loan officers. The next designation 
 were those appointed under the act of 1792, these 
 were called loan officers, and for convenience were 
 commonly called new loan officers. They are so re- 
 cognized in the revised statutes. 1 JR. S. 375, 1st 
 ed ; 367, 2d ed. 
 
 Those appointed under the act of 1808, are de- 
 nominated the commissioners of loan. 
 
 These officers formerly derived their appoint- 
 ment either from the judges of the court of com- 
 mon pleas and the board of supervisors, in those 
 counties to which the state loaned money, or from 
 the council of appointment. 
 
384 OF COMMISSIONERS OF LOANS. 
 
 The officers, whose duties are defined in this 
 chapter, derive their authority from the act passed 
 by the Legislature of this State in 1837. See chap. 
 150, p. 121, of the laws of that year. 
 
 How appointed.] The commissioners provided for 
 under the act last above mentioned, are appointed 
 by the governor with the consent of the Senate. 
 There must be two appointed in each county. 
 
 Term of office.] They hold their office for the term 
 of two years. 
 
 Who eligible.] They must be reputable inhabi- 
 tants and must reside in the county for which they 
 are chosen. A supervisor is not eligible to this 
 office, (ante, page 1,) for the manifest reason that it 
 would be improper for him to sit in judgment on 
 his own acts. The board of supervisors being the 
 body to which the commissioners must account. 
 Ante, page 58. 
 
 The fund with which the commissioners have to do.] In 
 1836, an act of congress was passed by which a 
 certain proportion of the surplus money in the trea- 
 sury of the United States, was deposited with the 
 State of New- York for safe keeping. In 1837, an 
 act was passed by the legislature of this State, ap- 
 portioning such money among the several coun- 
 ties, according to the population, for the purpose 
 of being loaned therein. 
 
 The first step for the cpmmissioner after receive 
 ing his appointment is to execute his bond. The 
 form of the bond is hereinafter given. 
 
 Bond how given and approved.] The commissioners, 
 before they enter upon the discharge of their du- 
 ties, must execute separate bonds to the people of 
 
Or COMMISSIONERS OF LOANS. 385 
 
 the State of New- York, with two or more sufficient 
 sureties, to be approved of by the county judge 
 and the clerk of their respective counties, signified 
 by endorsing their approbation on the back of the 
 bond, which bond must be in such penalty as the 
 comptroller shall direct for such county, and con- 
 ditioned for the true and faithful performance of 
 the duties of their office, without favor, malice or 
 partiality. 
 
 Oath, to be on bond, and both filed in comptroller's 
 office.] Each commissioner must take the constitu- 
 tional oath, which oath must be endorsed on the 
 bond and signed by the officer before whom the 
 same is taken, and the bond so endorsed must be 
 filed in the office of the comptroller; and in case 
 of the forfeiture of any such bond the comptroller 
 is directed to cause the same to be put in suit. 
 
 Actions brought by commissioners.] Actions may be 
 brought by the commissioners upon any contract 
 lawfully made with them or their predecessors in 
 their official character, and to recover damages for 
 any injuries done to their rights or to the property 
 in their charge, or which was in the charge of 
 their predecessors as such commissioners ; and all 
 such actions must be brought by the commission- 
 ers in the name of their respective offices. 
 
 Suit not to abate by death, §-c. of commissioners.] No 
 suit commenced by such commissioners will be 
 abated or discontinued by the death of such com- 
 missioners, their removal from the county or their 
 removal from or resignation of their offices, or the 
 expiration of their term of office ; but such suit 
 will be continued and prosecuted by their succes- 
 49 
 
386 01? COMMISSIONERS OP LOANS. 
 
 sors in office, in like manner as if the commission- 
 ers who commenced such suit had continued in 
 office. 
 
 Recovery against commissioners, how settled.'] Where- 
 ever in any suits by or against the commissioners, 
 any debt, damages or costs, are recovered against 
 them, the comptroller, in case he is satisfied that 
 such recovery was not had in consequence of any 
 default or misconduct on their part, may direct 
 them to pay the amount so recovered out of the 
 interest of the moneys loaned, and he is authorized 
 to allow to the commissioners the amount so paid 
 in their official accounts. 
 
 Money, how drawn from the treasury.] "When the 
 commissioners have taken the oath of office, and 
 filed with the comptroller such bond as' above 
 directed, the comptroller and treasurer authorize 
 the commissioners in such manner as they, (the 
 comptroller and treasurer,) may direct, to draw for 
 their respective proportions of the moneys above 
 mentioned. 
 
 How to be loaned.] The commissioners must loan 
 out the money to the inhabitants of their respec- 
 tive counties, on mortgage on improved lands in 
 the same county, owned by the borrower, and ap- 
 portion the same among the cities, towns and 
 wards of their respective counties according to the 
 population as ascertained by the last preceding 
 census, and must loan out the moneys to the 
 inhabitants of the several cities, towns and wards 
 in their respective counties, on mortgage on 
 improved lands in the same county, owned by 
 the borrower: but if the whole sum apportioned 
 
0¥ COMMISSIONERS OF LOANS. 387 
 
 to any city, town or ward should not be applied 
 for and taken up, then the excess not applied 
 for, must be apportioned by the commissioners 
 among the other cities, towns and wards apply- 
 ing for the same, according to their respective 
 population : The commissioners, first giving pub- 
 lic notice in writing by posting up such notice on 
 the outward door of the court-house in the county, 
 or of the building where the county court was then 
 last held in the same county, and at one public 
 place in each town and ward in the county, and 
 by causing the same to be published at least in 
 one public newspaper in their respective counties, 
 wherever there are any printed in the county, that 
 at a certain place to be designated in such notice, 
 and on a certain day at least fifteen days after the 
 notice is posted and published, they will be ready 
 to receive applications from borrowers. 
 
 Applications to be entered in minute book, §-c.J When 
 borrowers make their applications for' loans, their 
 names and the sums they apply for must be en- 
 tered in the minute book of proceedings hereinaf- 
 ter mentioned : and every borrower is entitled to 
 be accommodated according to the priority of his 
 application, subject to the proviso hereinafter 
 mentioned, if there should be no reasonable objec- 
 tions to the title and value of the lands offered to 
 be mortgaged by him. 
 
 In what case to be abated.] But if the amount of 
 the applications of the borrowers in each city, 
 town and ward, made upon the first day, exceeds 
 the sum. apportioned to such city, town and ward, 
 then the sums so applied for by such borrowers 
 
388 OF COMMISSIONEES OP LOANS. 
 
 will be proportionably abated ; and all applications 
 must be received from borrowers on the first day- 
 designated for that purpose. 
 
 In what case certificates to be given to borrowers.} In 
 case the whole amount to be loaned to the bor- 
 rower is not paid to him at the time of the execu- 
 tion of his mortgage, the commissioners will give 
 to such borrower a certificate, specifying the 
 amount remaining unpaid and that the same will 
 be paid to such borrower on demand after being 
 received by the commissioners. 
 
 Interest when to be deducted.'] Any interest which 
 accrues on the sum so certified, from the time of 
 the execution of such mortgage to the time the 
 same is received by the commissioners, must he 
 deducted from the interest which accrues on the 
 amount loaned to such borrower; and the mort- 
 gages taken will be deemed good and valid in- 
 cumbrances for the whole amount specified there- 
 in from the day of the date thereof, in like manner 
 as if the whole amount had been paid to the bor- 
 rower on that day. 
 
 Commissioners to be satisfied as to value, and that bor- 
 rower has a title in fee.] The commissioners, before 
 they accept a mortgage on lands for any of said 
 moneys, must be satisfied that the borrower has a 
 title in fee to such lands, and that the same are 
 free and clear of all incumbrances, and are worth 
 double the amount of the sum loaned, exclusive 
 of buildings and of the value of the rent in per- 
 petuity if any charged thereon ; and wherever the 
 commissioners shall deem it necessary, they may, 
 in addition to the examinations for that purpose 
 
Off COMMISSIONERS OF LOANS. 389 
 
 hereinafter directed to be made, require the bor- 
 rower to satisfy them by proper evidence that he 
 possesses an estate in fee in such lands, free and 
 clear of all incumbrances. 
 
 In what sums money to be loaned.] The commission- 
 ers must loan the moneys in sums not exceeding 
 the sum of two thousand dollars, except in the 
 city of New- York, and in that city in sums not ex- 
 ceeding the sum of five thousand dollars; and in 
 the several counties, except in the city of New- 
 York, in sums not under two hundred dollars, and 
 in that city not under five hundred dollars, unless 
 the proportion be less to any one person by means 
 of more than the amount apportioned to any coun- 
 ty having been applied for. 
 
 Interest, when payable.] The interest of such mon- 
 eys, must be payable annually on the first Tuesday 
 of October in each and every year, and such mon- 
 eys are required to be loaned on a credit of not ex- 
 ceeding five years, subject, however, to the condi- 
 tion of being called in, the one half on a previous 
 notice of one year, and the remainder on a pre- 
 vious notice of two years. 
 
 Payment of principal, when permitted.] No borrower 
 is permitted to pay any part of the principal 
 moneys loaned, on any day other than the first 
 Tuesday of October in any year, unless so many 
 offer payment on that day that the commissioners 
 cannot during the day receive the whole sums of- 
 fered to be paid, in which case they may continue 
 to receive until all who on that day offered, have 
 paid the moneys so offered. But the commission- 
 ers in their discretion may at any time receive the 
 
390 OP COMMISSIONERS OP LOANS. 
 
 principal sum loaned, with the interest that would 
 be due on the first Tuesday of October then next, 
 and discharge the securities; and when moneys 
 are paid to the commissioners, the, same must be 
 paid into the treasury forthwith. Laws of 1838, 
 chap. 193. 
 
 In what case commissioners to be removed.] In case 
 any . commissioner should remove out of the coun- 
 ty, die, or neglect or refuse to perform the duties 
 required of him, or refuse to give additional secu- 
 rity when required, or be guilty of any misconduct 
 in office, upon report or complaint made thereof 
 to the governor, he will remove him from office. 
 
 New appointment.] The governor will appoint 
 some other reputable inhabitant of said county as 
 such commissioner, who will hold his office and 
 discharge the duties thereof until the next meet- 
 ing of the senate. 
 
 Commissioners may be summoned to answer charges.] 
 In case the commissioner shall be guilty of any 
 misconduct in office, the governor may upon com- 
 plaint, summon the person charged with impro- 
 per conduct to appear before him, and will hear 
 and determine the subject matter of the complaint; 
 and on being satisfied of the truth thereof, the 
 governor is required to remove such commission- 
 er, and to appoint some other reputable inhabitant 
 of said county in his stead, who will hold his office 
 and discharge the duties thereof until the next 
 meeting of the senate. 
 
 Commissioners may resign. ] Any commissioner who 
 shall have faithfully discharged the duties of the 
 office, may resign the same, and the governor, with 
 
OP COMMISSIONERS OF LOANS. 391 
 
 the consent of the senate, will appoint a fit and 
 proper person to supply any vacancy occasioned 
 by such resignation. 
 
 Commissioners to retain amount of disbursements in case 
 of sale.] The commissioners, in case of a sale of 
 any lands mortgaged, may retain out of the moneys 
 for which the lands are sold, besides the principal 
 and interest, as hereinafter mentioned, the amount 
 of the disbursements paid out by them on account 
 of the advertisements and sale, and the sum of 
 five dollars for their services in preparing the no- 
 tices of such sale and superintending the same : 
 But where the moneys due on the mortgage are paid 
 before a sale of the premises, the commissioners 
 are not authorised to charge or receive more than 
 the amount of the disbursements and two dollars 
 for their services. 
 
 To report to comptroller.] The commissioners, on 
 the first Tuesday of December in every year, 
 and also whenever the comptroller shall require it 
 to be done, must render a full and detailed account 
 to the comptroller, in such form as he shall pre- 
 scribe, of all the moneys by them received, and of 
 the sales of all lands by them made, and of all de- 
 ficiencies which may happen by such sales or 
 otherwise ; and whenever it appears by the ac- 
 count of any of the commissioners that lands have 
 been purchased by them, or any of them, for the 
 people of this State, the comptroller makes a re- 
 port thereof to the legislature at their next session. 
 
 Moneys remaining four weeks.] Moneys that remain 
 in the hands of the commissioners for want of bor- 
 rowers, for the space of four weeks after the first 
 
392 OF COMMISSIONERS OF LOANS. 
 
 day appointed for loaning the same, may be loan- 
 ed out by mortgage on improved lands in the same 
 county, to any person who will borrow the same, 
 in any sum, in the city and county of New- York, 
 not exceeding ten thousand dollars, and in the 
 other counties in any sum not exceeding five 
 thousand dollars. 
 
 Interest to be paid to treasurer.} The commissioners 
 on or before the first Tuesday of November in 
 every year, must pay to the treasurer of this State, 
 the interest of the money committed to their 
 charge, at the rate of seven per cent, per annum, 
 subject, however, to the following deduction: 
 
 Compensation of commissioners.] They may retain, 
 as a compensation for their services, out of the in- 
 terest, in each year, at the following rates : Upon 
 twenty-five thousand dollars, or a less sum, three 
 quarters of one per cent ; upon the further sum of 
 twenty-five thousand dollars, or less, half of one 
 per cent ; and where the whole sum exceeds fifty 
 thousand dollars, half of one per cent, except in 
 the city and county .of New- York, in which city 
 and county the commissioners upon all sums ex- 
 ceeding fifty thousand dollars, are permitted to re- 
 tain one quarter of one per cent only. 
 
 Evidence of title to be given to purchaser at sale.] Upon 
 every sale of lands the commissioners must fill up 
 the blanks in one of the sheets of blank mortgages 
 to be provided by them, like the original mort- 
 gage, and attest the same* as a true copy under 
 their hands and seal, and deliver the same, instead 
 of the original mortgage, to the purchaser as the 
 evidence of his title. 
 
OF COMMISSIONERS OP LOAN3. 393 
 
 Form of bond.] The bond to be given by the com- 
 missioners must be substantially as follows, to- wit : 
 " Know all men by these presents, that we 
 are held and firmly bound unto the people of the 
 State of New-York, in the sum of to be 
 
 paid to the said people ; for the payment whereof 
 we bind ourselves, our heirs, executors and admin- 
 istrators, jointly and severally, firmly by these pre- 
 sents. Sealed with our seals, and dated the 
 day of in the year one thousand eight hun- 
 
 dred and . Whereas the above bounden 
 
 has been appointed one of the commissioners for 
 loaning certain moneys of the United States, for 
 the county of : Now the condition of this ob- 
 
 ligation is such, that if the above bounden 
 shall well, truly and faithfully perform the duties 
 of said commissioner pursuant to the act entitled 
 "An act authorizing a loan of certain moneys be- 
 longing to the United States, deposited with the 
 State of New- York for safe keeping;" and shall 
 discharge his said duties without favor, malice or 
 partiality; then this obligation to be void, other- 
 wise to remain in full force and virtue. Sealed 
 and delivered in the presence of ." 
 
 Commissioners to procure books, blank mortgages, $-c] 
 The commissioners are required, under the direc- 
 tions of the comptroller, to procure such books 
 with blank forms, and such printed mortgages 
 with blanks, as will be necessary : the expense of 
 which will be a charge on the interest to be re- 
 ceived on the moneys loaned as above mentioned. 
 
 Interest on mortgage from its date.] The commis- 
 sioners shall exact interest on the moneys loaned, 
 
 50 
 
394 OF COMMISSIONERS OF LOANS. 
 
 from the day of the date of the respective mort- 
 gages, with the single exception before mentioned. 
 
 When one commissioner may execute a deed.] In case 
 of a sale of lands, and a vacancy in the office 
 of one of the commissioners in the county where 
 such sale is had, it is proper for the remaining 
 commissioner . to . execute a deed for the lands so 
 sold, which will have the like effect as if executed 
 by two Commissioners for such county. 
 
 Commissioners to attend office to receive money.] They 
 must attend their office every year, to receive the 
 moneys directed to be paid to them, upon the first 
 Tuesday of October, and thereafter on the Tues- 
 day and "Wednesday of each week for the space of 
 three weeks. 
 
 Commissioners to examine lands and titles, §-c] Be- 
 fore they accept any mortgages, they must view 
 the lands offered to be mortgaged, or make due 
 inquiry respecting the value thereof, and examine 
 the titles by perusing the deeds, patents, surveys, 
 and other writings and conveyances by which the 
 same are held ; and they are required to adminis- 
 ter to all persons applying to borrow any of the 
 said moneys, the following oath, viz : 
 
 Oath of mortgagor.] " I, do swear, that I 
 
 am bona fide seised in fee simple of the lands, tene- 
 ments and hereditaments by me now offered to 
 be mortgaged, in my own right and to my own 
 use ; and that the same have not been conveyed 
 to me in trust, to borrow any sum or sums of 
 money upon the same, for the use of any other 
 person or persons whatsoever; and that the said 
 premises are free and clear from all gifts, grants, 
 
OP COMMISSIONERS OF LOANS. 395 
 
 sales, mortgages, judgments, liens, and from all 
 other incumbrances whatsoever, to my knowledge 
 and belief:" and where the lands offered to be 
 mortgaged are subject to a rent in perpetuity, the 
 borrower, in the said oath may make an exception 
 of such rents. And in order the better to satisfy 
 the said commissioners as to the- title and value of 
 what is offered in mortgage by borrowers, they or 
 either of them are hereby authorized and empow- 
 ered to examine # the borrower and witnesses con- 
 cerning the same, upon oath, and to administer 
 such oath. 
 
 Examination of borrower to be entered in minute book.] 
 A brief minute of the examination, and the names 
 of the persons examined, must be entered in the 
 minute-book of proceedings. 
 
 Deeds of mortgaged premises to be recorded.] No 
 money may be loaned under these proceedings, 
 unless the title deeds of the real estate offered to 
 be mortgaged are recorded in those counties where 
 such recording is necessary to render valid the 
 titles to land, and in all other counties, unless such 
 title deeds, if not recorded, must be deposited with 
 the commissioners, or one of them, until they be 
 recorded. 
 
 Moneys to be loaned at seven per cent.] The loans 
 must be made at an interest of seven per cent, per 
 annum. 
 
 Witnesses to mortgage,, how minuted, fees therefor, $-c] 
 The mortgages taken, must be executed in the pre- 
 sence of two or more witnesses, who must sub- 
 scribe the same as such witnesses : and the sub- 
 stance thereof must be minuted in a book by the 
 
396 OF COMMISSIONERS OP LOANS. 
 
 commissioners, to be by them kept- for that pur- 
 pose in their respective comities; for the filling up 
 of the mortgage, and the making such minute, the 
 borrower will pay to the commissioners the sum 
 of one dollar, and no more. The mortgage and 
 minute are declared to be matter of record ; and 
 an attested copy of the mortgage, if in being, or 
 of the minute in case the mortgage is lost, under 
 the hands and seals of the commissioners, is good 
 evidence of the mortgage in any court within this 
 State. 
 
 Duty of commissioners in taking security, receiving pay- 
 ments, $-c] The commissioners, at the time of the 
 lending of the moneys, take the security for the 
 same ; and for every sum paid to them they give 
 to the person paying, a receipt-, and enter one min- 
 ute of such payment on the back of the mortgage, 
 and another minute in the book of accounts by 
 them to be kept, and that without any fee or re- 
 ward ; and when the whole of the principal and 
 interest due on any mortgage is paid, they must 
 give the party making the payment, a release of 
 the mortgage, and tear from the same the name 
 and seal of the borrower, and make an entry on 
 the margin of the mortgage, and in the margin of 
 the minute made thereof, of the time such release 
 was given, for which release the releasee must 
 pay the sum of fifty cents ; and whenever any of 
 the said principal moneys are paid in, the com- 
 missioners are required, at the end of the annual 
 meeting at which such payment is made, to com- 
 pute the whole amount of the principal moneys so 
 paid, and then immediately loan out the same in 
 
OF COMMISSIONERS OP LOANS. 397 
 
 like manner, and upon the like security, as is 
 hereinbefore mentioned. 
 
 Moneys, books, etc., to be delivered to new commission- 
 ers on oath.] When a commissioner is appointed in 
 the place of a former commissioner, and has ta- 
 ken the oath of office and filed the bond required, 
 such former commissioner, his executors or admin- 
 istrators, upon demand, must deliver to the com- 
 missioner so appointed, all the moneys, books and 
 papers that were in such former commissioner's 
 custody belonging to his office, upon oath, to be 
 taken before any judge of the county court ;' and 
 in case any such commissioner, should delay or 
 refuse to make such delivery on oath when de- 
 manded, the bond of such former commissioner 
 will be forfeited. 
 
 When commissioners to be seised of fee of mortgaged 
 premises.] If any borrower neglects to pay_ yearly, 
 and every year, on the first Tuesday of October, or 
 within twenty-three days thereafter, on one of the 
 days on which the commissioners are directed to 
 attend their respective offices, the yearly interest 
 due on his mortgage, and also the principal mon- 
 eys loaned to him when due, then and in either 
 of these cases, the commissioners of the county 
 Avhere the lands mortgaged by the borrower are 
 situated, become seised of an absolute and inde- 
 feasible estate in fee in the lands, to them, their 
 successors and assigns, to the uses mentioned in 
 this chapter, and the mortgagor, his or Ber heirs 
 or assigns, will be utterly foreclosed and barred of 
 all equity of redemption of the mortgaged prem- 
 ises. 
 
398 OF COMMISSIONERS OF LOANS. 
 
 Mortgagor to hold possession until sale.] The mort- 
 gagor, however, his or her heirs or assigns, will be 
 entitled to retain possession of the mortgaged 
 premises until the first Tuesday of February there- 
 after, and to redeem the same as hereinafter men- 
 tioned. 
 
 Mortgaged premises when to be advertised.] The com- 
 missipners, within eight days after the last Wed- 
 nesday of their attendance, yearly, must cause an 
 advertisement to be fixed up at not less than three 
 of the public places of the county where the prem- 
 ises are situated, containing a description of the 
 lands mentioned in the several mortgages fore- 
 closed, and giving notice in such advertisement 
 that on the first Tuesday of February then next, 
 such lands will be sold at the court-house of the 
 respective counties where the lands are situated, 
 at public vendue, to the highest bidder; and the 
 commissioners must also cause a copy of such ad- 
 vertisement to be published in at least one of the 
 public newspapers printed in the county, if any 
 such there be, and if there be no newspaper pub- 
 lished in such county, then in the nearest paper 
 to said county, successively once in each week, 
 until the day of sale. 
 
 When to be sold.] The commissioners of the res- 
 pective counties are required on the first Tuesday 
 of February, yearly, to expose the lands described 
 in the mortgages so foreclosed to sale at public 
 vendue, and upon such sale they must convey the 
 lands to the highest bidder. 
 
 Rights acquired by purchaser.] The purchaser will 
 hold and enjoy such estate in the lands as was 
 
OT COMMISSIONERS OP LOANS. S99 
 
 conveyed to the commissioners by the mortgages, 
 clearly and absolutely discharged from all benefit 
 and equity of redemption, and all other incum- 
 brances made after the execution of the mortgage 
 by the mortgagor, or his heirs. 
 
 Fees for conveyance.] Such purchaser must pay 
 the commissioners for drawing and. executing such 
 conveyance, the sum of one dollar. 
 
 When commissioners to enter mortgaged premises.] 
 When lands mortgaged to the commissioners are 
 exposed for sale, and no person bids at such sale 
 for the lands, a sum equal to the amount due on 
 the mortgage for principal and interest, and the 
 expenses of the advertisements and the sale, or if 
 any person to whom such lands at such sale are 
 struck off, does not pay for the same, then the 
 commissioners must enter into and take possession 
 of the premises, and let the same upon the best 
 terms they can obtain for the benefit of the State, 
 until the third Tuesday in September then next, 
 and on the same third Tuesday in September, 
 must sell the premises at public vendue to the 
 highest bidder, giving at least, six weeks' previous 
 notice of such sale in the manner directed above. 
 
 When to bid in premises for the State.] If upon such 
 sale no person bid a sum equal to the amount due 
 on the mortgage for principal and interest, includ- 
 ing all costs and expenses, or if any person to 
 whom the premises are struck off shall not pay 
 for the same, then the commissioners must bid 
 therefor in behalf of the people of this State, a 
 sum not exceeding the amount at which the said 
 lands shall be appraised by "the appraisers herein- 
 
400 OP COMMISSIONERS OP LOANS. 
 
 after mentioned, in case such bidding shall be 
 necessary to prevent the sale of such premises for 
 a less sum. 
 
 On what condition title, to revert to mortgagor.] If the 
 mortgagor, or his or her heirs or assigns, at or be- 
 fore the sale of the mortgaged premises, pay to the 
 commissioners all such sums of money as may be 
 due and payable on such mortgage on the first 
 Tuesday of October then next, for principal and 
 interest, and costs and charges of foreclosure, to- 
 gether with the charges of advertising the same, 
 then the title in fee to the said mortgaged premises 
 will revert to and reinvest in the mortgagor, his or 
 her heirs or assigns, and the commissioner must 
 accept the money, and the costs and charges, and 
 permit the owner, or his or her heirs or assigns, to 
 take possession of the premises, and to hold the 
 same until default be made in payment of any 
 further sum on the mortgage. 
 
 Commissioners not to be interested in purchase.] The 
 commissioners in making any sale of any mort- 
 gaged premises, may not directly or indirectly be 
 interested in the purchase of the mortgaged pre- 
 mises so sold, or any part thereof. All purchases 
 made contrary to the foregoing provisions are void. 
 
 Sale may be postponed to ascertain value of premises.] 
 When lands are advertised for sale by the commis- 
 sioners, it will be lawful for them at any time be- 
 fore the premises are actually struck off, to post- 
 pone the sale at their discretion, for the purpose of 
 inquiring into the value of the premises, and to 
 employ such persons as they may select to appraise 
 the same. 
 
OF COMMISSIONERS OF LOANS. 401 
 
 Compensation of appraisers.] The persons employed 
 by the commissioners to make any such appraise- - 
 ment, will receive a reasonable compensation for 
 the same,- to be settled and allowed by the comp- 
 troller, and to be paid out of the interest of the 
 moneys loaned. 
 
 When commissioners to bid, amount due the Stale.] If 
 the lands are appraised at a sum equal to or exceed- 
 ing the amount due on the mortgage given to the 
 commissioners, including all costs and expenses, 
 the commissioners on the sale must bid therefor in 
 behalf of the people of this State to the amount of 
 the moneys due and costs, in case such bidding is 
 rendered necessary to prevent the sale of such 
 premises for a less sum. 
 
 When to bid amount of appraisement^] If the premi- 
 ses are appraised at a less sum than the amount 
 due, the commissioners must in like manner bid 
 to the amount of such appraisement and no more ; 
 and all purchases of mortgaged premises made by 
 the commissioners at any mortgage or other sale 
 had under their direction, must be in the name of 
 the people of this State. 
 
 Mortgagor, to be credited amount of bid.] Whenever 
 any mortgaged premises are struck off to the com- 
 missioners for any amount less than the amount 
 of mortgage money, interest and costs, no greater 
 sum can be credited to the mortgagor or any oth- 
 er person on account of such sale, than the amount 
 bid for the premises sold, deducting therefrom all 
 cost and charges of sale. 
 
 Moneys received on sale, how disposed of] The money 
 for which the mortgaged premises are sold, shall, 
 51 
 
402 OF COMMISSIONERS OF LOANS. 
 
 upon the sale, be paid to the commissioners, out 
 of which they must retain in their hands the 
 amount of the principal then due on the mortgage, 
 together with the interest which would have been 
 due thereon on the first Tuesday of October next 
 thereafter, if such sale had not been made, and 
 also the expense of the advertisements and of the 
 sale. 
 
 Surplus to be paid to mortgagor. \ The remainder, if 
 any, the commissioners must pay to the mortga- 
 gor, his or her heirs or assigns. 
 
 Principal moneys may be loaned. to purchaser of mort- 
 gaged premises.] If the purchaser of the mortgaged 
 premises offers to borrow the principal to be paid 
 by him for said premises, and if the commission- 
 ers are satisfied that the security offered for such 
 loan conforms in all respects to the requirements 
 of law, such purchaser will be preferred to any oth- 
 er borrower. 
 
 Assignee of mortgagor to serve notice, $-c] The com- 
 missioners are not obliged to take notice of any 
 assignee of the mortgagor, unless such assignee 
 serves a notice of his right upon them at or before 
 the time of sale, which notice they must enter on 
 the mortgage and in the minute thereof whenever 
 requested by such assignee, he paying twenty-five 
 cents for such entry, and the assignees of the mort- 
 gagor shall be preferred accordingto the priority of 
 their entries of such notices. They are authorised 
 on a sale of mortgaged premises to retain in their 
 hands no more than the amount of the principal 
 then due, and interest, and the expense of the ad- 
 vertisement and sale ; and if any excess should be 
 
OF COMMISSIONERS OF LOANS. 403 
 
 paid to them under the last above mentioned pro- 
 vision, the comptroller is required to refund the 
 same to the mortgagor or his legal representatives. 
 Laws of 1844, chap. 15. 
 
 When commissioners to prosecute mortgagor. .] If after 
 any lands are mortgaged according to the direc- 
 tions of said act, there should, in the judgment of 
 the commissioners, be good grounds (which .they 
 must insert in the minutes of their proceedings) 
 for believing that the mortgagor had no good right 
 or title to the premises mortgaged, or had other- 
 wise broken the covenants contained in his mort- 
 gage, so that the moneys advanced in loan upon 
 the credit of the mortgaged premises were in jeop- 
 ardy, they are required to commence an action 
 upon the mortgage against the mortgagor, his or her 
 heirs, executors or administrators, and the same to 
 prosecute to judgment in any court of record, for 
 the recovery of the whole moneys loaned upon the 
 mortgage, and the interest then- due, and which 
 also should become due for three months next fol- 
 lowing the judgment, with costs; and the court in 
 which such actions are brought is authorized and 
 directed to give such short day for the rules of 
 pleading therein, that judgment or a trial and final 
 determination may be had the first term of the 
 court after the term of such court at which the de- 
 fendant first appeared to the same action. 
 
 Offices of commissioners, where kept.] The offices of 
 the commissioners must be kept at the court 
 houses of their respective counties; and where 
 there are two court houses in the county, at such 
 court house as the commissioners shall select; and 
 
404 OF COMMISSIONERS OP LOANS. 
 
 where there is no court house in the county, then 
 at the place where the county court is held in the 
 same county, or at some convenient place near the 
 same. 
 
 When to give notice of first meeting, $-c] The com- 
 missioners as soon as they have taken the oath of 
 office and filed the bond required, must give such 
 public notice of the first day of their attending 
 their offices for the purpose of receiving applica- 
 tions from borrowers as is herein before mention- 
 ed ; and they must attend the same on that first 
 day, and on every Tuesday and Wednesday in ev- 
 ery week, for the space of four weeks thereafter, 
 if such attendance be necessary. 
 
 False swearing declared perjury.] If any person 
 shall falsely swear or affirm in any of the cases 
 where an oath or affirmation is required to he ta- 
 ken by this act, or shall wilfully and knowingly 
 act contrary to any oath or affirmation he has ta- 
 ken in pursuance of this act, such offence shall he 
 deemed to be perjury, and the offender, upon con- 
 viction thereof, shall suffer the like pains and pen- 
 alties as in cases of wilful and corrupt perjury. 
 
 Books of commissioners may be examined.] The com- 
 missioners must permit any person, at reasonable 
 times, to search and examine their book of mort- 
 gages, and any other book required to be kept by 
 them, in their hands and custody, upon paying 
 twelve and a half cents for the search. 
 
 Mortgages when to have the effect , of a record.] The 
 execution of the respective mortgages, and their 
 entry or being placed in the books of mortgages of 
 the commissioners have the like lien, priority, 
 
OF COMMISSIONERS OF LOANS. 405 
 
 operation and effect as if such mortgages had been 
 duly recorded in the book of mortgages in the 
 office of the clerk of the county in which the mort- 
 gaged premises are situated. 
 
 Duty of commissioners in taking and cancelling mort- 
 gages.] -All mortgages must be taken by the com- 
 missioners by filling up one of the blanks in the 
 book of mortgages to be provided by such commis- 
 sioners. And no mortgage, shall be defaced or 
 torn out of such book ; but when the mortgagor 
 pays the whole principal and interest due on the 
 mortgage, the seal and name of the mortgagor 
 must be torn off; and the commissioners will 
 proceed in taking the mortgages at the commence- 
 ment of the book of mortgages, numbering the 
 mortgages as they are taken, and they must in- 
 sert the mortgagor's name and the number of his 
 mortgage in an alphabet to be prepared and placed 
 in the book under the letter answering to the 
 morgagor's surname. The commissioners, when 
 required by any person interested in any lands 
 which may be sold under the foregoing regula- 
 tions, are required to furnish a brief certificate of 
 their proceedings, and of the proofs of such pro- 
 ceedings as the same appear from the minute 
 books, entries and records kept by them in rela- 
 tion to any such foreclosures and sale, so far as the 
 same may affect such lands, and every such certi- 
 ficate under the hands and seals of the commis- 
 sioners or one of them, duly acknowledged, is 
 deemed prima facie evidence of the facts therein 
 stated, and may be read in evidence in court. 
 For such certificate the commissioners are entitled 
 
406 OF COMMISSIONERS OF LOANS. 
 
 to demand and receive from the person requirino- 
 the same the sum of three dollars. Laws of 1844 
 chap. 326. 
 
 Commissioners to have the care of land until sold.) 
 When lands have been sold, and the land bid off 
 to the people of the State, and the mortgages de- 
 livered to the comptroller, the commissioners must 
 exercise supervision and care over the same until 
 they are finally disposed of according to law. Id. 
 1 E. S. 574, 4th ed. 
 
 Minute book, how kept.] The commissioners shall, 
 in a proper book to be provided for that purpose, 
 minute the substance of each mortgage, that is, 
 the number thereof, the date, the mortgagor's 
 name, the sum lent, and the boundaries of the 
 lands mortgaged ; and whenever one of the com- 
 missioners has the custody of the book of mort- 
 gages, the other shall have the custody of the said 
 minute book ; and the mortgagor, for his satisfac- 
 tion, may examine, or see the minute examined 
 with the original mortgage, and shall, together 
 with the subscribing witnesses, sign such minute. 
 
 What entries to be made in it.] They must insert the 
 minutes of their proceedings in such minute book, 
 as follows : First, the day they meet, place, hour, 
 and commissioners present : Second, if any one is 
 absent, they must at their next meeting minute 
 the cause of his absence : Third, they must enter 
 the hour that every one applies for the loan of 
 money, and the sum he applies for : Fourth, the 
 reasons why a prior applicant did not receive the 
 money according to his application, and the sub- 
 stance of all examinations as to titles and value: 
 
OF COMMISSIONERS OF LOANS. 407 
 
 Fifth, the moneys received : Sixth, on the last day 
 of their first days of meeting for receiving moneys 
 yearly, the mortgages foreclosed, and the number 
 and sums of them : Seventh, the orders for and 
 copies of the advertisements for sale and places at 
 which they are set up, and the persons names who 
 set them up : Eighth, the names of the purchasers 
 of lands and the prices for which such lands sold, 
 and the payment of the overplus to whom it be- 
 longs, with the time of and witnesses to such pay- 
 ment : Ninth, in case any principal moneys or a 
 part thereof are paid in, before the times of pay- 
 ment specified in the mortgages, the whole amount 
 of such principal sums so paid in: Tenth, the 
 cause of all suits, and the information they have 
 received in relation thereto, and from whom, at 
 length, or if too long, they may minute the sub- 
 stance. 
 
 Commissioners may require additional security of mort- 
 gagor.] When the commissioners consider it ne- 
 cessary to require additional security for the pur- 
 pose of securing the payment of moneys loaned, 
 either on account of the reduction in value of the 
 premises mortgaged, or on account of any sub- 
 stantial defect in the description of such premises 
 in the original mortgage, it is their duty to de- 
 mand sucli additional security as they shall think 
 requisite, from the mortgagor, his representatives 
 or assigns, and take the same in like manner as 
 original mortgages are directed to be taken by 
 them; and such additional securities may be pro- 
 ceeded upon in case of default in payment, in the 
 same manner as original mortgages. 
 
408 OP COMMISSIONERS OP LOANS. 
 
 Proceeding where mortgagor refuses to give additional 
 security.] In case any mortgagor, his heirs or 
 devisees, who shall be in the actual possession of 
 the mortgaged premises, refuse or neglect to give 
 such additional security as may be required by 
 the commissioners, for the purpose of supplying 
 any substantial defect in the description of the 
 mortgaged premises, the commissioners may file 
 a bill to compel such mortgagor to supply such 
 defects in such manner as the court shall deem 
 equitable; and in every such case the court has 
 power to decree costs against the defendant, if in 
 its opinion costs ought to be decreed. 
 
 Commissioners to exhibit mortgages fyc. to board of su- 
 pervisors.] " § 50. It shall be the duty of the said 
 commissioners to exhibit to the board of supervisors 
 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 committed to the 
 charge of such commissioners have been loaned 
 and continued to be kept as loans according to law." 
 Supervisors to examine mortgages and report to comp- 
 troller.] "§51. It shall be the duty of the board of 
 supervisors, at each annual meeting of the board, 
 to carefully examine all such mortgages and secu- 
 rities, accounts and minutes so to be annually ex- 
 hibited to them., in reference to the state in which 
 they shall find the said moneys, and to their safety 
 and the sufficiency of the securities taken for the 
 
OF COMMISSIONERS OF LOANS. 409 
 
 payment thereof, and to give to the said commis- 
 sioners such directions as to takin g additional secu- 
 rity from the borrowers as the said board of supervi- 
 sors shall deem proper and necessary : And the said 
 board shall forthwith 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 
 their taking such additional security, and to trans- 
 mit such certificate by mail to the comptroller." 
 
 How sales to be made and notices given where county is 
 divided.] Whenever any county in which loans may 
 have been made, shall be divided, and default shall 
 be made in the payment of principal or interest of 
 any such loan, the commissioners under whose care 
 any mortgage given for any such loan maybe, have 
 power to proceed to a sale of the mortgaged premi- 
 ses, whether the mortgaged premises are situated 
 within the county of such commissioners or not; and 
 in such cases all notices required to be affixed or 
 published, must be affixed and published in the 
 county in which the mortgaged lands may be, and 
 the sale must be made in that county. 
 
 When comptroller to credit commissioners vjith amount 
 of the mortgage.] Whenever any mortgaged premises 
 shall be bid in by the commissioners for an amount 
 less than the mortgage money, interests and costs 
 due, it is the duty of the comptroller, upon satis- 
 factory proof being made to him that nothing more 
 can be collected upon any covenant in the mort- 
 gage, or upon any bond or other security for the 
 mortgage debt, and that the deficiency has not 
 . arisen from any negligence or fault of the cornmis- 
 
 52 
 
410 OP COMMISSIONEES OP LOANS. 
 
 sioners, to credit- them with the full amount due 
 on the mortgage at the time of sale, upon their de- 
 livering to him the original mortgage and all other 
 securities for the mortgage debt. 
 
 Books of mortgages to be deposited in cleric's office.] It 
 is the duty of the commissioners to deposit their 
 books of mortgages in the clerk's office of the respec- 
 tive counties for which they were appointed, there to 
 remain at all times, except when they are in actual 
 session for the despatch of their official duties. 
 
 Form of mortgage.]' The mortgages to be taken by 
 the commissioners must be in the form following, 
 to wit: " This indenture, made the day of 
 in the year of our Lord between of in 
 
 the county of of the first part, and the com- 
 
 missioners for loaning certain moneys ol the Uni- 
 ted States, of the county of the second part, 
 witnesseth : That the said for and in considera- 
 tion of the sum of to well and truly 
 paid by the commissioners aforesaid, hath granted, 
 bargained, sold, aliened, released, enfeoffed and 
 confirmed, and by these presents do grant, bargain, 
 sell, alien, release, enfeoff and confirm, to the com- 
 missioners aforesaid, and their successors and as- 
 signs for ever, all that together 
 with all the hereditaments and appurtenances to 
 the same belonging, or in any wise appertaining, 
 and all the estate, right, title, interest, claim and 
 demand whatsoever of the said of, in and to 
 the above bargained premises, and every part 
 thereof: To have and to hold the above bargained 
 premises, and every part thereof, with the appur- 
 tenances, unto the said commissioners, and their 
 
OP COMMISSIONERS OF LOANS. 411 
 
 successors and assigns forever, and for the uses and 
 purposes mentioned in an act of the Legislature 
 of the State of New- York, entitled 'An act author- 
 izing a loan of certain moneys belonging to the 
 United States, deposited with the State of New- 
 York for safe keeping :' Provided always, and these 
 presents are upon this condition, that if the said 
 heirs, executors, administrators or assigns 
 shallpay, or cause to be paid, to the said commis- 
 sioners, the interest of the said sum of at the 
 rate of seven per cent per annum, on the first Tues- 
 day of October, yearly and every year, and shall 
 also pay to the said commissioners, the said prin- 
 cipal sum of with all the interest then due for 
 the same, on the day of unless the same 
 shall be by them sooner demanded ; and shall also 
 pay the said principal moneys if sooner demanded, 
 the one-half part thereof after a previous notice of 
 one year, and the remainder after a previous no- 
 tice of two years, "then the above grant, bargain 
 and sale, and every part thereof, shall be void ; but 
 if the failure be made in any of the payments above 
 mentioned, then the above bargain and sale is to 
 remain in full force and virtue, and the said 
 for heirs and assigns, hereby agree to be abso- 
 lutely barred of and from all equity of redemption 
 of the premises after the expiration of twenty-two 
 days after such failure ; and the said for 
 heirs, executors, administrators and assigns, here- 
 by covenant, grant and agree, to and with the said 
 commissioners, and their successors, well and truly 
 to pay to them the interest of the said sum of 
 at the rate aforesaid, annually, on the first Tues- 
 
412 OP COMMISSIONERS OP LOANS. 
 
 day of October in every year, and the said princi- 
 pal sum of with all the interest then due 
 thereon, on the day of unless the same 
 shall be by them sooner demanded; and if the said 
 principal moneys shall be sooner demanded, then 
 to pay the same to the said commissioners, or their 
 successors, the one-half after a previous notice of 
 one year, and the remainder after a previous notice 
 of two years; and that at the time of sealing and 
 delivering of these presents, the said lawful- 
 ly seised of the above bargained premises, of a 
 good, sure, perfect, absolute and indefeasible estate 
 of inheritance, and that the same now are free and 
 clear of and from all former and other gifts, grants, 
 bargains, sales, liens, judgments, recognizances, 
 dowers, rights of dower, and other incumbrances 
 whatsoever; and also, that the above bargained 
 premises, upon the sale thereof, pursuant to the di- 
 rections of the said act, will yield the principal and 
 interest aforesaid, remaining unpaid at the time of 
 such sale, and until the first Tuesday of October 
 next after such sale, together with the charges of 
 such sale. In witness whereof, the said ha 
 hereunto set hand and seal, the day and 
 year above written. Sealed and delivered in the 
 presence of us." 
 
 Form of deed to be givenby commissioner s.\ The deeds 
 to be given by the commissioners for any lands sold 
 by them by virtue of this act, shall be in the form 
 following to wit: " This indenture, made the 
 day of in the year of our Lord one thousand 
 
 eight hundred and between the commission- 
 
 ers for loaning certain moneys of the United States 
 
OP COMMISSIONERS OF LOANS. 413 
 
 of the county of of the first part, and of 
 
 the second part, witnesseth : That the said com- 
 missioners, for and in consideration of the sum of 
 
 to them in hand paid by the said 
 whereof they acknowledge the receipt and dis- 
 charge the said ■ heirs, executors .and 
 administrators thereof forever, have, pursuant 
 to a law of the state of New- York, entitled 'An 
 act authorising a loan of certain moneys belong- 
 ing to the United States, deposited with the state 
 of New- York for safe keeping,' granted, bar- 
 gained, sold, released, enfeoffed and confirmed, 
 and by these presents do grant, bargain, sell, re- 
 lease, enfeoff and confirm unto heirs, and as- 
 signs, all that • together with all the heredita- 
 ments and appurtenances whatsoever to the same 
 belonging, or in any wise appertaining, and all the 
 estate, right, title, interest, claim and demand 
 whatsoever of the said commissioners, and their 
 successors, to the above bargained premises, and 
 every part thereof, to have and to hold the above 
 bargained premises and every part thereof, with the 
 appurtenances to the said heirs and assigns for- 
 ever. In witness whereof, being the said com- 
 missioners, have hereunto set their hands and seals, 
 the day and year above written. Sealed and deliver- 
 ed in the presence of ." To which deed the com- 
 missioners shall affix their seals and respectively 
 subscribe their names in presence of two witnesses. 
 Commissioners refusing to give additional security, to 
 be reported to governor.] If the commissioners neglect 
 or refuse for the space of ten days after the receipt 
 of notice, to give such additional security as may 
 
414 OF COMMISSIONERS OF LOANS. 
 
 at any time be required by the supervisors of the 
 county for which such commissioner was appoint- 
 ed, or by the comptroller, such supervisors; or the 
 comptroller, as the case may be, will report the 
 fact, together with their reasons for requiring such 
 additional security, to the governor, in order to his 
 removal. 
 
 Moneys received by commissioners for annual, interest 
 to be deposited to credit of state treasurer.] The moneys 
 which may from time to time be paid to the com- 
 missioners, on account of interest, after deducting 
 therefrom the per centage allowed for their servi- 
 ces, shall in all cases where it can, in the opinion 
 of the comptroller, conveniently be done, be de- 
 posited in some safe bank to the credit of the state 
 treasurer, and a certificate of the deposit must 
 without delay be transmitted to the comptroller by 
 the commissioners. 
 
 Mortgages' in the city of Nevj-Yorh] Loan mortga- 
 ges in the city and county of New- York, must be 
 deposited in the office of the register, and may 
 not be removed until fully paid and satisfied. Laws 
 of 1851, chap. 286. 
 
 Money may be reloaned.] By the act of 1845, it was 
 provided that when any part of the money loaned 
 out by the commissioners is paid in, the same may 
 be reloaned in the same manner as when the whole 
 of the principal is paid in to them. Laws of 1845; 
 chap. 267. 1 R. S. 580, 4th ed. 
 ■ The act of 1847 provided for the opening of sep- 
 arate accounts with purchasers of mortgaged prem- 
 ises. 
 
 New accounts to be opened for parts of premises.] When- 
 
OF COMMISSIONERS OF LOANS. . 415 
 
 ever any person owning premises subject to a 
 mortgage given to the commissioners of any coun- 
 ty of this state, sells any portion of the premises, it 
 is the duty of the commissioners on application to 
 them for that purpose, with the assent of the mort- 
 gagor, to open an account against any purchaser 
 for the proportionate part of the moneys secured 
 by said mortgage on the portion of the premises 
 purchased by him, and thereafter to give credit for 
 the payment on such portion whenever the person 
 making such payment shall so require. 
 
 Restriction.] No such account can be opened for 
 a less sum than one hundred dollars: nor unless 
 the remainder of the mortgaged premises exclusive 
 of all buildings thereon, and of the value of the 
 rent in perpetuity if any, charged thereon, shall 
 appear, to the satisfaction of the commissioners, to 
 be worth double the amount of the residue of the 
 mortgage debt and interest, . not included in the 
 new account. 
 
 Part when to be discharged from mortgage.] When- 
 ever any part for which a separate account has been 
 opened, has been fully paid, the commissioners 
 must discharge the same from the mortgage, and 
 such discharge duly acknowledged or proved, will 
 be sufficient to authorise the county clerk to enter 
 a minute of such payment on the margin of the 
 registry of such mortgage. This is not to be con- 
 strued to affect or impair the obligation or 
 liability of any mortgagor under or by virtue of 
 any covenant contained in such mortgage. 
 
 Report to be made to supervisors.] The commission- 
 
416 OF COMMISSIONERS OF LOANS. 
 
 ers must make a special report of their proceedings 
 in each case under the act of 1847, to the board of 
 supervisors, at their first annual session after the 
 new account is opened. 
 
 Comptroller to prescribe regulations, .] The comptrol- 
 ler prescribes regulations for opening new accounts 
 by the commissioners, similar to those adopted in 
 the comptroller's office; and the commissioners 
 give to the purchaser of any portion of the premi- 
 ses mortgaged to them, a certificate containing a 
 description of the premises set off, the amount 
 payable thereon, and setting forth that when the 
 payment is made, the original mortgage will be 
 cancelled in respect to the premises described in 
 the certificate. Laws of 1847, chap. 476, p. 680. 1 
 R. S. 581, 4th ed. 
 
 By the laws of 1850, chap. 337, p. 732, it is pro- 
 vided as follows: 
 
 Bonds and mortgages of loans of 1798 and 1808 to 
 be transferred to commissioners for loaning U. S. D. 
 Fund^ "§ 1. It shall be the duty of the loan com- 
 missioners in the several counties in this state, 
 and they are hereby authorized to transfer and 
 deliver to ' The commissioners for loaning certain 
 moneys of the United States,' in the same county, 
 as early as practicable after the first Tuesday in 
 May next, all the mortgages which shall then 
 remain in the hands of said loan commissioners, 
 belonging to the loan of one thousand seven 
 hundred and ninety-two, or the loan of one 
 thousand eight hundred and eight, which transfer 
 shall be made under the direction of the 
 comptroller, in the manner and for the purposes 
 
OF COMMISSIONERS OF LOANS. 417 
 
 prescribed by this act. But no such transfer shall 
 be made unless the owner or owners of the 
 premises included in such mortgage shall have 
 assented thereto in writing. 
 
 Bond of mortgagor to be required.] "§ 2. Before, 
 accepting the transfer of any mortgages specified 
 in the preceding section, the commissioners for 
 loaning certain moneys of the United States, shall 
 require a bond to be executed to them by the 
 original mortgagor, or his grantee or grantees, or 
 some person of approved responsibility in his or 
 their behalf, conditioned that the moneys due on 
 said mortgage, and the interest thereon, shall be 
 paid to said commissioners, or their successors in 
 office, at the same time or times and in the same 
 manner, and that said mortgage shall be subject 
 to the same conditions, proceedings and liabilities, 
 as if said mortgage had been originally executed 
 to the commissioners for loaning certain moneys 
 of the United States, under and in pursuance of 
 the act entitled "An act authorising a loan of 
 certain moneys belonging to the United States, 
 deposited with the State of New- York for safe 
 keeping," passed April 4, 1837, and the several 
 acts amendatory thereof. 
 
 Conditionjaf transfer.] " § 3. No such mortgage shall 
 be transferred, as herein provided, unless the 
 interest thereon shall have been paid to the first 
 Tuesday of May next ; and in case the owner or 
 owners of the premises described in any mortgage, 
 shall refuse to assent to such transfer, or shall 
 refuse or neglect to execute, or cause to be exe- 
 cuted and delivered to the commissioners for loan- 
 53 
 
418 OP COMMISSIONERS OF LOANS. 
 
 ing certain moneys of the United States, a satis- 
 factory bond, as prescribed by the second section 
 of this act; or if the said commissioners shall be 
 of opinion that the premises described in such 
 mortgage, are not sufficient security for the amount 
 due thereon, the loan commissioners shall proceed 
 to foreclose such mortgage in the manner prescribed 
 by the act passed March 14, 1792, and the acts 
 amendatory thereof, if such mortgage shall belong 
 to the loan of 1792, or in the manner prescribed by 
 the act passed April 11, 1808, and the acts amend- 
 atory thereof, if such mortgage shall belong to the 
 loan of 1808; and said loan commissioners shall 
 immediately account to the comptroller for the 
 moneys arising from such foreclosure. 
 
 Accounts of commissioners hoiti settled.] " § 4. On re- 
 ceiving from the said loan commissioners a trans- 
 fer of any of said mortgages, in the manner herein 
 specified, the commissioners for loaning certain 
 moneys of the United States, shall thereupon make 
 and deliver to said loan commissioners a draft on 
 the treasurer of this state, in such form as the 
 comptroller shall prescribe, for the amount due 
 and unpaid on such mortgage or mortgages, which 
 draft shall be transmitted to the comptroller by 
 the said loan commissioners in settlement of their 
 accounts with the state, and on receiving such 
 draft or drafts, the comptroller shall cause the 
 amount thereof to be transferred from the capital 
 of the United States deposit fund to the capital of 
 the common school fund. 
 
 Transferred mortgages to be a part of the U. 8. D. 
 Fund.] "§5. The mortgages which shall be trans- 
 
OF COMMISSIONERS OP LOANS. 419 
 
 ferred by the loan commissianers as aforesaid to 
 the commissioners for loaning certain moneys of 
 the United States, shall form a part of the capital 
 of the United States deposit fund, and the said 
 commissioners for loaning certain moneys of the 
 United States, shall exercise the same powers in 
 relation to such mortgages, in the collection of 
 principal and interest thereon, and in proceedings 
 in case of default, and shall receive the same com- 
 pensation therefor as if said mortgages had been 
 originally executed to the United States deposit 
 fund, under and in pursuance of the act passed 
 April 4, 1837, and the several acts amendatory 
 thereof. 
 
 Commissioners to pay into treasury money in their 
 hands, and deliver books and papers to commissioners of 
 U. S. JD. Fund.] " § 6. After making the transfers 
 authorized and directed by this act, the loan com- 
 missioners shall proceed to settle their accounts 
 with the comptroller, in respect to the loans of 
 1792, and 1808, and shall pay into the state trea- 
 sury all balances remaining in their hands, with- 
 out unreasonable delay ; and they shall also de- 
 liver to the commissioners loaning certain moneys 
 of the United States, all books, papers, titles and 
 accounts now in their hands, belonging or in any 
 way relating to the said loans of 1792, and 1808, 
 or either of them. And from and after the settle- 
 ment and approval of their accounts by the comp- 
 troller, the said offices of loan commissioners; of 
 the loans of 1792 and 1808, shall cease to exist" 
 
 "§ 7. The comptroller is authorized to allow to 
 the loan commissioners appointed under the said 
 
420 OJP COMMISSIONERS OP LOANS. 
 
 act of 1792 and 1808, such additional compensa- 
 tion as he shall deem just and reasonable for the 
 extra services imposed upon them by this act." 
 
 Income, how expended.] The income derived from 
 the investment of the moneys above mentioned, 
 that is to say from the moneys known as the Uni- 
 ted States deposit fund, is expended for the pur- 
 pose of education. 1 R. S. 583, 4th ed. Laws of 
 1838, chap. 237. 
 
 Responsible for false statements as to title.'] A commis- 
 sioner selling under a power in a mortgage by vir- 
 tue of his office, is responsible to the purchaser for 
 a fraudulent representation as to the title, made 
 with intent to deceive and defraud. Culver v. 
 Avery, 7 Wend. 380. 
 
 When commissioners become' seized of the lands mort- 
 gaged.] On the failure of the borrower to pay the 
 annual interest at the time prescribed, the com- 
 missioners become seized of the lands mortgaged, 
 so that the mortgagor (not having paid the debt 
 and costs after default and before the sale) cannot 
 maintain ejectment to obtain possession. Olmstead 
 v. Elder, 2 Sand. 325. 
 
 Evidence of default.] The production of the mort- 
 gage having no entry upon it of the payment of 
 interest, and the efflux of time, are sufficient to 
 establish presumptively the default in the payment 
 of the annual interest. Id. 
 
 Both commissioners must be present at sale.] A sale of 
 mortgaged lands, under the foregoing provisions, 
 made by one of the commissioners, is irregular and 
 void. Both commissioners must be present and 
 concur in the sale. Powell v. Tuitle, 2d Corns. 396. 
 
OF SUPERINTENDENTS OF THE POOR. 421 
 
 1 Selden, 144. Should both commissioners subse- 
 quently unite in a conveyance to the purchaser, it 
 would not render that sale valid. Id. 
 
 One in possession under a deed executed by both 
 commissioners in pursuance of a sale made by one 
 only, the deed being void, is a mere intruder. 
 Olmstead v. Elder, 1 Selden, 144. 
 
 CHAPTER XVI. 
 
 OF SUPERINTENDENTS OF THE POOR. 
 
 The. superintendent of the poor is a county offi- 
 cer. Any person holding the office of supervisor 
 or county treasurer is ineligible to this office. Laws 
 of 1829, chap. 352. 2 R. S. 12, 4th ed. 
 
 'Number.] There are usually three in each coun- 
 ty. The board of supervisors in each county, ex- 
 cept those where there are local laws to the con- 
 trary, at any annual meeting, may direct by reso- 
 lution that thereafter only one superintendent shall 
 be elected, in which case he will hold his office 
 for three years, but in those counties where no such 
 resolution is passed, three must be elected. Laws 
 of 1847, chap. 498. 
 
 Majority may act.] A majority of the persons 
 elected are competent to act and to execute any 
 powers vested in the board of superintendents. 1 
 R. S. 12, 4th ed. 
 
 When to be elected.] Superintendent or superinten- 
 dents, must be elected at the general election in 
 November, in the same manner that other county 
 officers are chosen. 
 
422 OF SUPERINTENDENTS OF THE POOR. 
 
 Tenure of office and classification.] In counties where 
 only one superintendent of the poor is chosen, he 
 holds his office for three years ; but in counties 
 where three are chosen, one of the superintendents 
 so elected, holds his office for one year, one for two 
 years, and one for three years. And the clerk of 
 the county will, on the first day of January, after 
 such election, determine by lot which of said su- 
 perintendents shall hold his office for one year, 
 which for two, and which for three years. And 
 annually, thereafter, there must be elected one su- 
 perintendent, who holds his office for three years. 
 Laws of 1847, chap. 498. 
 
 Vacancies, how filled.] Boards of supervisors appoint 
 county superintendents of the poor, or county trea- 
 surers, to fill vacancies which may happen in such 
 offices. Sec. 4 of same' chapter. 
 
 Vacancies temporarily filled.] Incase of a vacancy 
 in the office of superintendent of the poor by death, 
 refusal to serve, or otherwise, the first judge of the 
 county in which such vacancy may be, must ap- 
 point some proper person to fill the vacancy, -who 
 will hold and exercise the duties of the office un- 
 til the next annual meeting of the board of super- 
 visors of such county, which appointment must be 
 in writing, signed by the judge, and filed in the 
 office of the clerk of the county. 
 
 Bond to be executed.] The superintendent, with- 
 in ten days after his election, must give a bond to 
 the supervisors, with two or more sufficient sure- 
 ties, to be approved by the board of supervisors, 
 and in such sum as they shall direct, conditioned 
 that he will faithfully execute the duties of his 
 
OP SUPERINTENDENTS OF THE POOR. 423 
 
 office, and 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 hoard of supervisors. Sec. 1, of chap. 327, 
 Laws of 1848. (Form of bond, Appendix, No. 79.) 
 
 Where filed, and by whom approved.] Such bond, 
 with the approbation of the board of supervisors 
 endorsed thereon by their clerk, must be filed in 
 the office of the county clerk. Sec. 2, of same chap. 
 
 When to enter on their duties.] Superintendents of 
 the poor enter on the duties of their office on the 
 first day of January next after their election. 
 Chap. 116, of 1849. 
 
 When to take oath of office and file bond.] They have 
 until the first day of January next after the elec- 
 tion to take the oath of office and file their official 
 bond. Sec. 4, of chap. 12, o/1850. 
 
 Supervisors to fix penalty. County clerk to approve 
 bond.] It shall be the duty of the board of supervi- 
 sors of the several counties to fix the penalty of the 
 bonds of superintendents of the poor ; and the 
 sureties may be approved by the county clerk, in 
 the recess of the board of supervisors. Sec. 5, of 
 same chapter. 
 
 To be a corporation; powers and duties.] They are 
 by statute a corporation by the name of the super- 
 intendents of the poor of the county for which 
 they are chosen, and possess the usual powers 
 of a corporation for public purposes ; they meet 
 as often as the supervisors of the county may 
 direct, at the county poor-house, if there be 
 one, or at the, place of holding courts in their 
 county, or at one of the places of holding 
 
424 OF SUPERINTENDENTS OF THE POOK. 
 
 courts, if there be more than one, and at such 
 other times and places as they shall think expe- 
 dient. 
 
 General care of the poor.] They have a general su- 
 perintendence and care of the county poor who 
 may be in their respective counties; and have 
 power, and it is their duty : 
 
 To provide places for poor.] 1. To provide suitable 
 places for the keeping of such poor, when directed 
 by the supervisors of any county where houses for 
 that purpose have not been erected by the county; 
 and for that purpose, to rent tenements, and land 
 not exceeding fifty acres, and to cause the poor of 
 the county to be maintained in such places. 
 
 To make rules.] 2. To establish and ordain pru- 
 dential rules, regulations and by-laws, for the 
 government and good order of such places, and of 
 the county poor houses, and for the employment, 
 relief, management" and government of the persons 
 therein placed. Such rules and regulations will 
 not be valid until sanctioned by the county court 
 of such county, in writing. 
 
 To employ keepers.] 3. To employ suitable persons 
 to be keepers of such houses or places, and all 
 necessary officers and servants, and to vest such 
 powers in them for the government of such houses 
 as may be necessary, reserving to the paupers who 
 may be placed under the care of such keepers the 
 right of appeal to. the superintendents. 
 
 To purchase materials.] 4. In the counties where 
 a poor house is erected or other place provided for 
 the poor, to purchase the furniture, implements, 
 and materials that may be necessary from time to 
 
OF SUPERINTENDENTS OP THE POOK. 425 
 
 time for the maintenance of the poor therein, and 
 their employment in labor or manufactures, and 
 to sell and dispose of the proceeds of such labor as 
 they may deem expedient. 
 
 Allowance for bringing paupers] 5. To prescribe the 
 rate of allowance to be made to any persons for 
 bringing paupers to the county poor-house or 
 place provided for the poor, subject to such altera- 
 tions as the board of supervisors may, by a general 
 resolution, make. 
 
 Payment of such allowance.] 6. To authorise the 
 keepers of such houses or places, to certify the 
 amount due to any person for bringing such pau- 
 pers ; which amount must be paid by the county 
 treasurer, on the production of such certificate, 
 countersigned and allowed by any two superin- 
 tendents. 
 
 To decide disputes respecting settlements.] 7. To de- 
 cide any disputes that may arise concerning the 
 settlement of any poor person, summarily upon a* 
 hearing of the parties; and for that purpose, to 
 issue subpoenas to compel the attendance of wit- 
 nesses, and to administer oaths to them in the same 
 manner, and with the like power to enforce such 
 process as is given to justices of the peace in any 
 matter cognizable by them ; their decisions must 
 be filed in the office of the county clerk within 
 thirty days after they are made, and are conclu- 
 sive and final upon all parties interested. (Form of 
 Subpana, Appendix, No. 80. 
 
 To direct and commence suits.] 8. To direct the 
 commencement of suits by any overseers of the 
 poor, who may be entitled to prosecute for any 
 
 54 
 
426 ( OF SUPERINTENDENTS OF THE POOR. 
 
 penalties, or upon any recognizances, bonds, or 
 securities taken for the indemnity of any town or 
 of the county ; and in case of the neglect of any 
 such overseer, to commence and conduct such 
 suit, without the authority of such overseers, in 
 their names. 
 
 To draw on county treasurer.] 9. To draw from 
 time to time on the county treasurer for all 
 necessary expenses incurred in the discharge of 
 their duties, which drafts must be paid by him 
 out of the moneys placed in his hands for the 
 support of the poor. 
 
 To account.] 10. To render to the board of su- 
 pervisors of their county, at their annual meeting, 
 an account of all moneys received and expended 
 by them, or under their direction, and of all their 
 proceedings. 
 
 To pay over moneys.] 11. To pay over all moneys 
 remaining in their hands, within fifteen days after 
 'the expiration of their office, to the county trea- 
 surer, or to their successors. 
 
 Physician and keeper of poor-house to be appointed.] In 
 each county where there is more than one super- 
 intendent of the poor, and where there is a poor- 
 house, the superintendents appoint a keeper and 
 physician for the poor-house. Chap. 532, o/lS51. 
 
 Children to be taught.] They are required to cause 
 all county and town paupers, over the age of five 
 and under the age of sixteen years, in the poor- 
 houses, to be taught and educated, in the same 
 manner as children are now taught in the com- 
 mon schools,, at least one-fourth part of the time 
 
OF SUPERINTENDENTS OF. THE POOR. 42T 
 
 such paupers remain there. Sec. 4, of chap. 277, 
 1831. 
 
 Expense.] The expense of teaching and educa- 
 ting such paupers must be paid by the counties 
 and towns, in the same manner as other contin- 
 gent charges are paid for the support of said pau- 
 pers. ' Sec. 5, of same chap. 
 
 County poor-houses.] The board of supervisors of 
 any county in which a county poor-house is not 
 already erected, may at any annual or special 
 meeting, determine to erect such house for the re- 
 ception of the poor of their county ; and upon 
 filing such determination with the clerk of the 
 county, they may direct the superintendents of 
 the poor of such county to purchase one or more 
 tracts of land, not exceeding two hundred acres, 
 and to erect thereon one or more suitable build- 
 ings for such purpose. To defray the expenses of 
 such purchase and buildings, the board may raise 
 by tax on the real and personal estate of the in- 
 habitants of the same county, a sum not exceed- 
 ing seven thousand dollars, by such instalments 
 and at such times as they may judge expedient. 
 The tax must be raised, assessed and collected in 
 the same manner as the other county charges, and 
 be paid by the county treasurer to the superintend- 
 ents of the poor of the county, to'be applied in de- 
 fraying the expenses above mentioned. 
 
 Superintendents of county poor houses.] The superin- 
 tendents of county poor houses, are superintend- 
 ents of the poor of their counties respectively, and 
 .possess all the powers and are subject to all the 
 
428 OF SUPERINTENDENTS OP THE POOR. 
 
 regulations hereinbefore specified in relation to 
 such superintendents. 
 
 Moneys received by overseers.'] All moneys collected 
 by overseers of the poor of any town in a county 
 where the poor are all a county charge, from the 
 relatives of any poor person bound to contribute to 
 his support ; or from the sale of any personal pro- 
 perty, or the rents and profits of the real property 
 of any person who absconds, leaving a wife or 
 children j or received for any fines, penalties or 
 
 - forfeitures, which by law are directed to be appli- 
 ed to the support of the poor; or collected on any 
 bond or other security that may be given for the 
 benefit or indemnity of any town, or of the over- 
 seers or inhabitants of such town ; and all other 
 moneys which may be received by such overseers 
 in their official capacity, must be by them paid 
 over within thirty days after the receipt of the 
 same, to the county treasurer, for the benefit of the 
 poor. 
 
 Penalty.'] If not so paid, the same may be recov- 
 ered in an action to be brought by and in the naine 
 of the county treasurer, with interest at the rate of 
 ten dollars on the hundred, for a year, from the 
 
 Jime the same should have been paid. 
 
 Poor to be a county charge in certain counties.] In the 
 counties of Warren, Washington, Saratoga and 
 Genesee, poor persons entitled to support as above- 
 mentioned, must be maintained at the expense of 
 the said counties respectively ; and all costs and 
 charges attending the examinations, conveyance, 
 support, and necessary expenses of paupers within 
 the said counties respectively, is a charge upon 
 
OF SUPERINTENDENTS OF THE TOOR. 429 
 
 those 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 charges and expenses must 
 be reported by the superintendents of the poor of 
 those counties to the boards of supervisors therein 
 respectively, and must be assessed and collected 
 upon the taxable real and personal estate in those 
 counties, in the same manner as other county 
 charges. 
 
 As to what is deemed a settlement of a pauper 
 see Chap. VII, pages 174, 176 and 217. 
 
 Proceedings to determine settlement of pauper. ,] AVhen 
 the overseers have served the notice mentioned at 
 page 178, the superintendents convene pursuant to 
 such notice, and proceed to hear and determine the 
 controversy, and award costs not exceeding ten 
 dollars to the prevailing party, which may be re- 
 covered in any action before a court of competent 
 jurisdiction. The decision of the superintendents 
 is final and conclusive. 
 
 Proceedings to determine who are county paupers.] The 
 support of any pauper cannot be charged to the 
 county without the sanction of the superintendents. 
 If a pauper be sent to the county poor-house, or 
 place provided for the poor, as a county pauper, 
 the superintendents in those counties where the 
 respective towns are required to support their own 
 poor, must immediately inquire into the fact, and 
 if they are of opinion that such pauper has a legal 
 settlement in any town of the county, they are re- 
 quired, within thirty days after such' pauper has 
 been received, to give notice to the overseers of 
 
430 OP SUPERINTENDENTS 01" THE POOR. 
 
 the poor of the town to which such pauper belongs, 
 that the expenses of his support will be charged to 
 such town unless the overseers, within such time 
 as the superintendents may appoint, not less than 
 twenty days thereafter, show that such town ought 
 not to be so charged. And on the application of 
 the overseers, the superintendents must re-examine 
 the matter and take testimony in relation thereto, 
 and finally decide the question, which decision 
 will be conclusive. 
 
 Where there are no poor houses.] For the proceedings 
 in those counties where there are no poor houses, 
 see pages 180 and 181, Chap. VII. 
 
 Relief to paupers in counties having poor houses.] For 
 the proceedings in those counties where there are 
 poor houses, see page 181. 
 
 Expense of removal and temporary support.] In case 
 of removal as mentioned at page 181, the expense 
 must be paid on the certificate of the keeper of the 
 poor house, or other place, properly countersigned, 
 at the rate that may have been prescribed by the 
 superintendents ; and the overseers will be allowed 
 such sum as may have been necessarily paid out 
 or contracted to be paid for the relief or support of 
 such pauper, previous to the removal, as the su- 
 perintendent shall judge was reasonably expended 
 while it was improper to remove such pauper, 
 which sum must be paid by the county treasurer, 
 on the order of the superintendents, and be charged 
 to the county, if such pauper be a county charge, 
 or to the town sending him, if not a county charge. 
 
 How supported, and when to be discharged.] The per- 
 son removed must be received by the superinten- 
 
OF SUPERINTENDENTS OF THE POOR. '431 
 
 dents, or their agents, and supported and relieved 
 in the county poor house, or such other place as 
 may be provided, under the direction of the super- 
 intendents, until it appears to them that such per- 
 son is able to work and maintain himself, when 
 the superintendents may in their discretion dis- 
 charge him. 
 
 County paupers in counties having no poor-houses.] 
 For proceedings in those counties having no poor 
 houses, see page 184. 
 
 For the proceedings of the superintendents in 
 preparing a statement of these accounts to go be- 
 fore the board of supervisors, see page 185. 
 
 Expense of supporting county poor how defrayed.} The 
 superintendents must annually present to the 
 board of supervisors, at their annual meeting, an 
 estimate of the sum, which in their opinion, will 
 be necessary, during the ensuing year, for the sup- 
 port of the county poor ; and the supervisors will 
 cause such sum as they may deem necessary for 
 that purpose to be assessed, levied and collected 
 in the same manner as the other contingent ex- 
 penses of the county, to be paid to the county 
 treasurer, and to be by him kept as a separate 
 fund, distinct from the other funds of the county. 
 
 Powers of county superintendents.] In those counties 
 where all the poor are a charge upon the«county, 
 the superintendents of the poor are vested with 
 the same powers, rights and authority, as are given 
 to the overseers of the poor of any town, in res- 
 pect to compelling relatives to maintain paupers, 
 and in respect to the seizure of the property of any 
 parent absconding and abandoning his family, and 
 
432 OT SUPERINTENDENTS OF THE POOK. 
 
 are entitled to the like actions and remedies in 
 their names, and must perform the duties required 
 of overseers, and subject to the same obligations 
 and control. 
 
 Accounts for county paupers, how settled.] The su- 
 perintendents must audit and settle all accounts 
 of overseers of the poor, justices of the peace, and 
 all other persons, for services relating to the sup- 
 port, relief, or transportation of county paupers ; 
 and may from time to time, draw on the county 
 treasurer for the amount of the accounts which 
 they so audit and settle. Sec. 1 of chap. 26, of 
 1832. 
 
 Penalty for removing paupers, see page 189. 
 
 For proceedings to compel support of a pauper 
 removed, see page 190. 
 
 Suit, when to be brought.] Upon the service of no- 
 tice of denial, mentioned at page 190, the superin- 
 tendents upon whom the same may be served, 
 must within three months, commence a suit against 
 the overseers of the poor of the town, or the coun- 
 ty superintendents of the poor of the county, to 
 whom the first notice was directed, or against their 
 successors in office, for the expenses incurred in 
 the support of such pauper, and must prosecute 
 the same to effect ; if they neglect to do so, they, 
 their successors, and their county, will be forever 
 precluded from all claim against the county or 
 town to whose officers such first notice was direct- 
 ed, or any of their officers, for any expenses that 
 may have been, or may be incurred for the sup- 
 port of such pauper. 
 
 Penalty on superintendents for neglect to render ac- 
 
OF SUPERINTENDENTS OF THE POOIt. 433 
 
 counts, $-c] Every superintendent who neglects to 
 render any account, or statement, to the board of 
 supervisors, as required, or to pay over any moneys 
 within the time prescribed by law, forfeits two hun- 
 dred and fifty dollars, to be sued for and recovered 
 by and in the name of the county treasurer. The 
 superintendents are also liable to an action, either 
 jointly or severally, by the county treasurer, for all 
 moneys which shall be in their hands after the 
 time the same should have been paid over accord- 
 ing 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. 
 
 As to when the superintendents may sue for the 
 penalty for removing a pauper from without the 
 state, see page 191. 
 
 Payment over of penalties, and their application. \ Pen- 
 alties when recovered, must be paid to the county 
 treasurer, and by him credited to the town by 
 whose officers they have been collected, if such 
 town be liable for the support of its own poor, or 
 to the county, when collected by the county su- 
 perintendents ; if not paid by the persons collect- 
 ing the same, when demanded by the county 
 treasurer, he may maintain an action therefor, in 
 his name of office. 
 
 Idiots and lunatics.] In those counties where coun- 
 ty poor houses, may be established, the superin- 
 tendents may provide for the support of paupers 
 that maybe idiots, or lunatics, out of such poor 
 house, in such manner as will best promote the in- 
 terests of the county and conduce to the comfort 
 and recovery of such paupers. 
 55 
 
434 OF SUPERINTENDENTS OP THE POOR. 
 
 Annual reports by county superintendents to secretary of 
 state.] It is the duty of the superintendents of every 
 county, during the month of December, in each 
 year, to report to the secretary of state, in such 
 form as he maty direct, the number of paupers that 
 have been relieved or supported in such county the 
 preceding year, distinguishing the number of coun- 
 ty paupers from the number of town paupers, if 
 any; the whole expense of such support, specify- 
 ing the amount paid for transportation of paupers, 
 and any other items which do not compose any 
 part of the actual expense of maintaining the pau- 
 pers, and the alloAvance made. to superintendents, 
 overseers, justices, keepers and officers ; the actual 
 value of the labor of the paupers maintained, and 
 the estimated amount saved in the expense of their 
 support, in consequence of their labor. 
 
 Additional matter to be reported by superintendents.] In 
 addition to such report the superintendents are now 
 required in the month of December, in each year, 
 to report to the secretary of state, in such form as 
 he may direct, the sex and native country of every 
 pauper who may have been relieved or supported 
 by them during the year preceding the day on 
 which such report is made, together with a state- 
 ment of the causes, either director indirect, which 
 have operated to render such person a pauper, so 
 far as the same can be ascertained; together with 
 such other items of information in respect to the 
 character and condition of such paupers as the se- 
 cretary of state may direct. Sec. 1, of chap. 214, of 
 1842, as amended by chap. 100, o/1849. 
 
 Penalty for neglect and for false report.] Should the 
 
OF SUPERINTENDENTS OP THE POOR. 435 
 
 superintendent neglect or refuse to make his re- 
 port, or be guilty of making a false report, he for- 
 feits one hundred dollars. 2 R. S. 25, \th ed. 
 
 Montgomery co.] Provision is made for the election 
 of but one superintendent for the county of Mont- 
 gomery. Laws of 1844, chap. 137. The board of 
 supervisors in that county possess the sole power 
 to appoint the keeper of the poor house. The du- 
 ties of such keeper and of the superintendent in 
 that county are defined at length in the laws of 
 that year. 
 
 Wayne.] But one superintendent is elected in 
 Wayne county, and the board of supervisors also 
 possess the sole power in that county to elect the 
 keeper of the poor house. For the duties of those 
 officers in Wayne, see Laws of 1845, chap. 315. 
 
 County of Kings.] For the duties of the superin- 
 tendents of the poor in the county of Kings, see 
 Laws of 1838, chap. 305; Laws of 1842, chap. 257; 
 Laws of 1849, chap. 395. 
 
 Herkimer county.] For the powers and duties of 
 the superintendent in the county of Herkimer, see 
 Laws of 1850, chap. 29. 
 
 Jefferson.] For the powers and duties of the su- 
 perintendent in the county of Jefferson, see Laws 
 of 1852, chap. 242. The office is not elective in 
 that county, but filled by an appointment from the 
 board of supervisors. 
 
 Onondaga.] The superintendents of the poor of 
 the county of Onondaga are constituted a board 
 subordinate to the board of supervisors, to assist in 
 auditing the poor expenses of that county, and are 
 
436 OF SUPERINTENDENTS OP THE POOR. 
 
 under the direction and control of the supervisors. 
 Laws of 1852, chap. 231. 
 
 Lunatics may be sent to New-York asylum.] The su- 
 perintendents of any county, to which any person 
 may be chargeable who is or shall become a lu- 
 natic, may send such person to the lunatic asylum 
 in the city of New-York, by an order under their 
 hands. 2 R. S. 38, 4th ed. 
 
 Expense thereof, and of lunatic's support.] The ex- 
 pense of sending any lunatic to the asylum at 
 New- York, and of supporting him there, must be 
 defrayed by the county or town to which he may 
 be chargeable ; if chargeable to a county, or to any 
 town whose poor moneys are required to be paid 
 into the county treasury, such expense must he 
 paid by the county treasurer, out of the funds ap- 
 propriated to the support of the poor belonging to 
 such county or town, after being allowed and cer- 
 tified by the county superintendents. If such luna- 
 tic be chargeable to a town whose poor moneys 
 are not required to be paid into the county treasu- 
 ry, such expense must be paid by the overseers of 
 the poor. 
 
 Powers of county superintendents.] The superinten- 
 dents have all the powers and authority given to 
 the overseers of the poor of any town, in respect to 
 lunatics. 
 
 Number of patients allowed to each county.] Each 
 county may, at all times, have one indigent insane 
 patient in the state asylum, whose disease, at the 
 time of admission, was a first attack and did not 
 exceed six months ; and such further number of 
 
OF SUPERINTENDENTS OF THE POOR. 487 
 
 either old or recent cases as the asylum can accom- 
 modate, in proportion to the insane population of 
 the county. The patients must be designated by 
 the superintendents of the poor, or, if the county 
 has no such superintendents, by the county judge. 
 2 R. S. 45, 4th ed. 
 
 Counties to support such persons after six months.] 
 When an insane person in indigent circumstan- 
 ces has been sent to the asylum by his friends, who 
 have paid his bills therein for six months, if the 
 superintendent certify that he is a fit patient and 
 likely to be benefited by remaining in the institu- 
 tion, the supervisors of the county of his residence 
 are authorized and required, upon an application 
 under oath in his behalf, to raise a sum of money 
 sufficient to defray the expenses of his remaining 
 there another year, and pay the same to the trea- 
 surer of the asylum ; and they must repeat the 
 same for two succeeding years upon like applica- 
 tion and the production of a new certificate each 
 year, of like import, from the superintendent. 2 
 R. S. 46, 4th ed. 
 
 Certain patients to be supported by counties.] The ex- 
 penses of clothing and maintaining in the asylum 
 a patient who has been received upon the order of 
 any court, or officer, must be paid by the county 
 from which he was sent to the asylum. The treas- 
 urer of the county is authorized and directed to 
 pay to the treasurer of the asylum the bills for such 
 clothing and maintenance, as they become due and 
 payable, according to the by-laws of the asylum, 
 upon the order of the steward'; and the supervi- 
 sors of said county must annually levy and raise 
 
438 OF SUPERINTENDENTS OF THE POOR. 
 
 the amount of such bills, and such further sum as 
 will probably cover all similar bills for one year in 
 advance. The county, however, has the right to 
 require any individual, town, city or county, that 
 is legally liable for the support of such patient, to 
 reimburse the amount of such bills, with interest 
 from the day of paying the same. Laws of 1842, 
 chap. 135. 
 
 Expense of removing certain patients from the asylum, 
 how paid.] "Whenever the managers order a patient 
 removed from the asylum to the poor-house of the 
 county whence he came, the superintendents of 
 the poor of such county must audit and pay the 
 actual and reasonable expenses of such removal, 
 as part of the contingent expenses of the 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 superintendents. If the superin- 
 tendents neglect 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; 
 and the treasurer of such county is authorized 
 to pay the same, with interest, after thirty days, 
 and the supervisors of such county must levy and 
 raise the amount as other county charges. Sec. 33, 
 of same chap. 
 
 Indigent persons not paupers, when to be admitted.] No 
 person in indigent circumstances, not a pauper, 
 can be admitted into the asylum on the certificate 
 of a county judge, made under the provisions of 
 the twenty-sixth section of the act to organize the 
 State Lunatic Asylum, passed April 7, 1842, unless 
 
OP SUPERINTENDENTS OF THE POOR. 439 
 
 such person has become insane within one. year 
 next prior to the granting of such certificate by the 
 county judge ; and it is the duty of such judge, 
 when an application is made to him pursuant to 
 said twenty-sixth section, to cause such reasona- 
 ble notice thereof, and of the time and place of 
 hearing the same, to be given to one .of the super- 
 intendents of the poor of the county chargeable 
 with the expense of supporting such person in the 
 asylum, if admitted, or if such expense is charge- 
 able to a town or city, then to an overseer of the 
 poor of such town or city as he may judge reason- 
 able under the circumstances ; and he will then 
 proceed to inquire as to the time when such per- 
 son became insane, and will in addition to the re- 
 quirements of said, twenty-sixth section, state in 
 his certificate that satisfactory proof has been ad- 
 duced before him that such person became insane 
 within a year next prior to the date of his certifi- 
 cate. On granting such certificate, the judge may 
 in his discretion, require the friends of the patient 
 to give security to the superintendent of the poor 
 of the county, to remove the patient from the asy- 
 lum at the end of two years, in case he does not 
 sooner recover. When a patient who is admitted 
 into the asylum on the certificate of a county 
 judge, given pursuant to the twenty-sixth section 
 of said act, has remained in the asylum two years, 
 and has not recovered, the superintendent of the 
 -asylum, will send notice by mail, to the overseer 
 of the poor of the town where the patient resided at 
 the time of his admission into the asylum, or to 
 the county judge of the county from which he was 
 
440 OF SUPERINTENDENTS OP THE POOR. 
 
 sent, that such patient has remained two years in 
 the asylum and has not recovered, and that he 
 should be removed from the asylum, and that in 
 case he is not removed, the expense of his sup- 
 port will be chargeable to the county until he is so 
 removed, and then such expense must be charge- 
 able to the county accordingly. But in every case 
 where a patient admitted into the asylum, pursu- 
 ant to the provisions of the twenty-sixth section of 
 said act, shall have remained there two years, and 
 has not recovered, the managers of the asylum, 
 may, in their discretion, cause such patient to be 
 returned to the county from which he came, and 
 charge the expense of such removal to the county. 
 Laws of 1850, chap. 282, sec. 2. 
 
 Lunatio may be sent to county poor house or asylum in 
 discretion of county judge.] The county judge of each 
 of the counties of this state, is authorized to send 
 all such indigent lunatics, belonging to each coun- 
 ty, as may be brought before him, either -to the 
 county poor house or to the state lunatic asylum, 
 as in his judgment may be for the best interests of 
 all concerned. Chap. 446, of 1851. 
 
 The duty of superintendents of the poor in re- 
 gard to bastards, is pointed out at pages 200, 201, 
 209, 212, 213, 214, 217 and 218. 
 
 Compromise in other counties.] Superintendents, 
 have power to make such compromise and arrange- 
 ments with the putative fathers of any bastard 
 children, within their jurisdiction, relative to the 
 support of such children, as they may deem equit- 
 able and just; and, thereupon, to discharge such 
 
OP SUPERINTENDENTS OP THE POOR. 441 
 
 putative father from all liability for the support of 
 such bastards. Sec. 2, of chap. 26, of 1832. 
 
 Penalty for neglect of duty under bastardy act.] Any 
 superintendent and any overseer of the poor, 
 whose duty it is to provide for the support of any 
 bastard and the sustenance of its mother, who neg- 
 lects to perform such duty, will be deemed guilty 
 of a misdemeanor; and, on conviction, will be 
 liable to a fine not exceeding two hundred and 
 fifty dollars, or to imprisonment, not exceeding one 
 year, or to both. 2 R. S. 67, 4th ed. 
 
 Penalty on constables neglecting to deliver over bonds 
 received by them.] Every constable or other officer, to 
 whom any bond of the putative father of a bastard, 
 or of a child likely to be born a bastard, taken out 
 of the county where a warrant was issued, is deli- 
 vered, who neglects or refuses to deliver the same 
 to the justice who issued such warrant, within fif- 
 teen days after the receipt of the same, forfeits the 
 sum of twenty-five dollars, to be sued for and re- 
 covered by and in the name of any overseers of the 
 poor, or county superintendents, at whose instance 
 the warrant was issued. 2 R. S. 67, 4th ed. 
 
 When county superintendents may bind out infants.] 
 The county superintendents may bind out any 
 child, under the ages specified at page 220, who 
 shall be sent to any county poor-house, or who is 
 chargeable, or whose parent or parents are charge- 
 able to such county, to be clerks, apprentices or 
 servants, until such child, if a male, shall be 
 twenty-one years old, or if a female, shall be eigh- 
 teen years old, which binding shall be as effectual 
 as if such child had bound himself with the consent 
 56 
 
442 OF SUPERINTENDENTS OF THE POOE. 
 
 of his father. 2 R. S. 339, 4th ed. For the clauses to 
 be inserted in such indentures, see page 221. 
 
 Actions by them.] Actions may be brought by 
 county superintendents of the poor, upon any con- 
 tract lawfully made with them or their predeces- 
 sors, in their official character, to enforce any lia- 
 bility, or any duty enjoined by law, to such offi- 
 cers or the body which they represent ; to recover 
 any penalties or forfeitures given to such officers 
 or the bodies whom they represent ; and to recover 
 damages for any injuries done to the property or 
 rights of such officers, or of the bodies represented 
 by them. 4th Hill, 136. 18th John. 407. 1CW.260. 
 
 On contracts, etc., with their predecessors.] Such ac- 
 tions may be brought by such officers in the name 
 of their respective offices, notwithstanding the 
 contract or obligation on which the same is found- 
 ed may have been made with or to any predeces- 
 sors of such officers, in their individual names or 
 otherwise, and notwithstanding any right of action 
 may have accrued previous to the time when the 
 officers commencing such suit entered upon the 
 execution of the duties of their office. 2 R. S. 715, 
 4th ed. 
 
 When not to be held to bail.] In actions against su- 
 perintendents and overseers of the poor, to enforce 
 any liability of the county or town, or to recover 
 any sum of money, damages or expenses, which 
 such county or town may be liable to pay, the de- 
 fendants may not be held to bail. 2 R. S. 715, 
 4th ed. 
 
 On contracts of predecessors.] When any contract 
 has been entered into, or any liability incurred, by 
 
OF SUPERINTENDENTS OF THE POOR. 443 
 
 or in behalf of any county or town, by any officer 
 thereof within the scope of his authority, the same 
 remedies may be had against any successor of 
 such officer, in his official character, as might 
 have been had against such officer if he had con- 
 tinued in office. Id. 
 
 When executionnot to issue.] "When a judgment has 
 been recovered against the county superintend- 
 ents of the poor of any county, no execution can 
 be awarded or issued upon such judgment, unless 
 the same shall have been rendered for the costs of 
 a suit commenced by them in their individual 
 names ; in which cases, such costs must be col- 
 lected of the plaintiffs individually, and the 
 amount thereof allowed to them in their account 
 of official expenditures, by the board authorized to 
 audit such accounts, if such suit appear to have 
 been necessarily commenced in good faith. 2 R. 
 S-. 716, 4th ed. ' 
 
 May sue as a corporation,] County superintendents 
 of 1he poor are a corporation, 1 R. S. 785, sec. 18, 
 and may sue in their corporate name. They may 
 also sue in their individual names, with the addi- 
 tion of their name of office, for any injuries done 
 to the property or rights of such officers, or of the 
 bodies represented by them; 2 R. S. 569, sees. 106, 
 107 ; and they are a proper body to bring suit for 
 injuries done to property provided for the use of 
 the poor of the county. Van Keuren v. Johnston, 3 
 Den. 183. Superintendents of the poor of a county 
 suing the commissioners of excise of a town, for 
 the penalty of fifty dollars, for not paying over the 
 excise money to the county treasurer, 1 R. S. 787, 
 
444 OF SUPERINTENDENTS OF THE POOR. 
 
 sec. 23, must prove that the distinction^ between 
 town and county poor has been abolished by a 
 resolution of the board of supervisors, and the due 
 filing of a copy Avith the county clerk and previous 
 payments of excise money to the treasurer by the 
 defendants, does not of itself prove it, but it is not 
 necessary to show that the clerk of the board of 
 supervisors had served copies of the resolutions on 
 the clerks of the several towns. Thompson v. Smith, 
 2 Den. 177. 
 
 When liable for the services of a justice.] Superin- 
 tendents of the poor are not liable for official ser- 
 vices of a justice, in matters relating to county 
 paupers, though rendered at their request. Vedder 
 v. The Superintendents of the Poor of Schenectady County, 
 5 Den. 564. 
 
 What accounts not bound to audit.] Superintendents 
 are not bound to audit the accounts of physicians 
 and others, for services rendered to county paupers 
 by request of the overseers of the poor of the several 
 towns; and this, though the services were ren- 
 dered in pursuance of orders for temporary relief. 
 
 It is the duty of the overseers to adjust such ac- 
 counts and charge them in their bills against the 
 county. Green and Brown, ex parte, 4th Hill, 558. 
 
 The employment of a physician by the superin- 
 tendents of the poor of a county, does not super- 
 sede the rights of the overseers of the several 
 towns to employ other physicians to attend county 
 paupers entitled to temporary relief. Semble, per 
 Cowen, J., 4 Hill, 528. 
 
 When action will not lie.] An action cannot be 
 maintained against the superintendents of the 
 
OF THE COUNTY CLERK. 445 
 
 poor upon an account for services relating to the 
 support of county paupers. 
 
 Should the superintendents refuse to audit such 
 an account, the proper remedy is by certiorari. 
 Semble, per Whittlesey, J., 5 Den. 564. ' 
 
 Compensation.] The superintendents are allowed 
 such sum for their actual attendance and services, 
 as the hoard of supervisors of their county may 
 deem reasonable. 
 
 CHAPTER XVII. 
 
 OF THE COUNTY CLERK. 
 
 How elected and term of office.] The clerk of the 
 county is chosen by the electors of the county once 
 every three years, and as often as vacancies may 
 happen. He must reside in the county for which 
 he is chosen. When elected at a general election, 
 he commences his duties on the first day of Jan- 
 uary thereafter. 
 
 Oath of office.] "Within fifteen days after notice of 
 his election or appointment, he must take the con- 
 stitutional oath, (form, Appendix, No. 1,) and deposit 
 the same in the county clerk's office of his county. 
 1 R. S. 330, 4th ed. 
 
 Clerk of courts.] He is ex-officio clerk of all the 
 courts in his county, and keeps the " county seal," 
 which is his official seal in all cases. His duty 
 respecting courts is pointed out at length in the 
 course of this chapter. 
 
 Custody of books, etc.] He is entitled to the custo- 
 dy of all the books, records, deeds, parchments, 
 
446 OF THE COUNTY CLERK. 
 
 maps and papers deposited or kept in his office, 
 and he must from time to time carefully attend to 
 the arrangement and preservation -of the same. 1 
 R. S. 687, 4th ed. 
 
 To provide hooks for records.} The clerk at the ex- 
 pense of the county, must provide proper books for 
 the recording of deeds, mortgages, or other con- 
 veyances acknowledged and proved according to 
 law; and for the recording of all other papers, 
 documents or matters required by law to be re- 
 corded in his office. He must also receive and file 
 all papers and documents directed to be filed in 
 his office. 1 R. S. 687, 4th ed. Further directions 
 will be given in another place in this chapter res- 
 pecting the form and mode of keeping such books. 
 
 Where to keep his office^] The clerk's office in those 
 counties where buildings have been erected ex- 
 pressly for that purpose by law, must be kept in 
 such offices, and in all the other counties except 
 those in the counties of New- York, AVestchester, 
 Suffolk, Rockland and Queens, must be kept with- 
 in orfe mile of the court house in such counties. 
 
 In the counties of Westchester, Suffolk, Eock- 
 land and Queens, the office will be kept in such 
 places as may be designated by the board of super- 
 visors of those counties. 1 R. S. 688, 4th ed. 
 
 Deputy.] The clerk must appoint some proper 
 person, to be his deputy, who will hold his office 
 during the pleasure of the clerk. The clerk must 
 at all times have a deputy. Such appointments 
 must be in writing under the hand and seal of the 
 clerk, and must be recorded in the clerk's office. 
 I R. S. 688, 4th ed. 
 
OF THE COUNTY CLERK. 447 
 
 Oath of deputy.] The deputy, before he enters on 
 the duties of his office, must take the constitutional 
 oath. (Form, Appendix, No. 1.) 
 
 Poioers of deputy.] When the clerk is absent from 
 the county or from his office, from any cause, the 
 deputy may perform all the duties appertaining to 
 the office of clerk, except that of deciding upon the 
 sufficiency of the security of any officer. 1 R. S. 
 688, 4th ed. 
 
 Whenever the office of clerk becomes vacant, the 
 deputy must perform all the duties and will be en- 
 titled to all the emoluments and liable to all the 
 penalties appertaining to the office, until a new 
 clerk is elected or appointed for such county and 
 duly sworn. Laws of 1830, chap. 320. 1 R. S. 688," 
 4th ed. The authority of the deputy who discharges 
 the duty of the office of the clerk in consequence 
 of the death of his principal, ceases on the appoint- 
 ment by the governor of another person to execute 
 the duties of the office, until the vacancy in the 
 office of clerk be supplied by an election. The 
 People v. Fisher, 24 Wend. 215. 
 
 Special deputy.] The clerk is authorised to appoint 
 some suitable person as a special deputy, who will 
 possess the same power and authority as the clerk. 
 The business of the special deputy .usually is to 
 attend to all matters relating to the courts in the 
 county. 
 
 The appointment of the special deputy must be 
 in writing, and filed in the clerk's office. Such 
 deputy, before he enters upon the duties of the 
 office, must take the constitutional oath. He 
 
448 OF THE COTJNTY CLERK. 
 
 holds his office during the pleasure of the clerk. 
 Laws of 1851, chap. 211. 1 R. S. 689, 4th ed. 
 
 Notice to persons appointed.] Whenever a commis- 
 sion appointing an officer, or a writ superseding 
 such appointment, is received by the clerk, it be- 
 comes his duty forthwith, at the expense of the 
 State, to give notice thereof to every person named 
 in such commission, or supersedeas. 
 
 To notify governor of neglect of officer to give bond.] 
 The clerk should immediately give notice to the 
 governor, whenever any officer who is required to 
 execute a bond previous to entering on the duties 
 of his office, or to renew the bond already given, 
 neglects to execute or renew such bond, in the 
 manner and within the time required by law. 1 
 R. S. 689, 4th ed. 
 
 To notify governor of vacancies.] He must, on or 
 before the 15th day of January in each year, noti- 
 fy the governor of all persons appointed to office 
 in his county, who have during thcprevious year 
 taken the oath of office, or given the bond required 
 by law, and of all defaults in that regard, and 
 also of all vacancies in his county in any civil 
 office. Id. 
 
 Fees for such notices.] His fees for sending such 
 notices to the governor will be audited by the 
 comptroller and paid out of the treasury. Id. 
 
 To report to district attorney.] He must report to 
 the district attorney of his county, all omissions 
 on the part of town officers, to make such returns 
 as are required by law to be made by town officers 
 to county clerks. Laws of 1832, chap. 109. 1R.S. 
 689, 4th ed. ■ 
 
OF THE COUNTY CLEEK. 449 
 
 To report religious societies.] On or before the first 
 day of January in each year, he must report to the 
 comptroller the names of all religious societies 
 that have been incorporated in his county during 
 the preceding year. 
 
 Certified copies of papers, when evidence.] Copies of 
 all papers duly filed in his office, and transcripts 
 from the books of records kept therein, certified by 
 the clerk, with his seal of office affixed, is evidence 
 in all courts in like manner as if the originals were 
 produced. 1 R. S. 689, 4th ed. 
 
 ReGords, when not to be removed.] Neither records of 
 real estates nor other records, whereof a transcript 
 duly certified may by law be read in evidence, can 
 be removed by virtue of any subpoena duces tecum, 
 from the proper office in which such record is kept; 
 and no such record may at any time be removed 
 from such office, except when temporarily removed 
 by the clerk having the record in custody to the 
 courts of which he is clerk, and to courts held in 
 the city or village where the office of such clerk is 
 situated, unless by order of some court of record 
 made in open court, and entered in the minutes 
 thereof, which order must specify that the produc- 
 tion of such record, instead of such transcript, is 
 necessary. Laws of 1838, chap. 129. 1 R. S. 689, 
 4th ed. 
 
 To keep account of fees in a book.] The clerk must 
 keep in his office a book, in which must be enter- 
 ed all fees charged or received by him for official 
 services, the time of rendering the same, the per- 
 son if known to him, for whom the same were 
 rendered, and a brief statement of the nature of 
 
 57 
 
450 OF THE COUNTY CLERK. 
 
 the service : such books must be open for inspec- 
 tion at all times without fee or reward during busi- 
 ness hours. Laws of 1844, chap. 125. 1 R. S. 690, 
 4th ed. 
 
 To send statement to secretary of state.] Between the 
 first and tenth day of January, every year, the clerk 
 must transmit, free of expense, to the secretary o f 
 state, a statement which must exhibit: 
 
 1. The amount of all fees charged or received 
 by him for recording deeds, 'mortgages, and other 
 papers, and for certificates of such recording. 
 
 2. The amount of all fees charged or received 
 by him for searching the files and records of his 
 office, and for certificates of such searches. 
 
 3. The amount of all sums charged or received 
 by him for services rendered for the county. 
 
 4. The amount of all sums charged or received 
 by him for all other official services. 
 
 5. The sums paid by him for assistance in the 
 performance of his official duties, and the names 
 of the persons to whom the same were paid, and 
 also the sums paid for fuel, lights and stationery, 
 and other expenses incidental to the office, with 
 the particular items thereof. 
 
 Statement to be verified.] The clerk must annex or 
 subjoin an affidavit to such statement that the facts 
 set forth are true. Laws of 1844, chap. 125. 1 R. S. 
 690, 4th ed. The register of the city and county of 
 New- York is required to perform a like duty. Id. 
 
 Not to charge for fuel or lights.] The clerk is not 
 allowed to charge the county for fuel -or lights for 
 his office, nor for stationery, except record books 
 and stationery furnished by him for courts held in 
 
OF THE COUNTY CLERK. 451 
 
 his county, nor is he allowed to charge for filing 
 and docketing the transcript of a judgment enter- 
 ed in any other office. Id. 
 
 Seals.] The seal required to be procured by the 
 clerk by the 72d section of the judiciary act, pass- 
 ed in 1847, is the seal of the county, and of such- 
 clerk, and will be used by him in all cases where 
 he is required to use an official seal. Laws of 1847, 
 chap. 470, sec. 36. Upon the seal, which the coun- 
 ty clerk is required to procure and keep, must be 
 engraved the name of the county of which he is 
 clerk, and the word seal. A description of the seal 
 must be deposited or recorded in the office of sec- 
 retary of state there to remain of record. 2 R. S. 
 362, 4th ed. 
 
 Transcripts.] Transcripts of judgments rendered 
 in this state in any court of the United States, du- 
 ' ly certified by the clerk of such court, may be filed 
 and docketed by the clerk of any county. Judg- 
 ments and decrees, and transcripts of judgments 
 and decrees docketed in the office of any county 
 clerk must all be docketed in the same docket. Id. 
 
 Erie county.] The office of county clerk in the 
 county of Erie is a salaried office. Laws of 1849, 
 chap. 115. 
 
 County clerk may be removed by the governor.] The 
 clerk may be removed by the governor, but he is 
 entitled to have a copy of the charges against him, 
 and an opportunity of being heard in his defence 
 before any such removal. 1 R. S. 333, 4th ed. 
 
 Vacancies how supplied.] In case of vacancy, except 
 when the vacancy arises from the death of the in- 
 cumbent, the governor will appoint a clerk to exe- 
 
452 OF THE COUNTY CLERK. 
 
 cute the duties of the office until the vacancy can 
 be supplied by an election. The person appointed 
 will possess all the rights and powers, and be sub- 
 ject to all the duties and obligations of the person 
 removed. 1 R. S. 334, 4th ed. Vacancies maybe 
 supplied at a special election in the cases pointed 
 out in the Revised Statutes at page 338, 4th ed. 
 
 When to hold over.] The clerk having duly entered 
 on the duties of his office will continue to discharge 
 the same until his successor is duly qualified. 1 
 R. S. 328, 4th ed. 24 Wend. 215. 
 
 Census.] The duty of the clerk in regard to the 
 enumeration of the inhabitants of the State is 
 pointed out in the Revised Statutes at pages 292 
 and 300, 4th ed. 
 
 Oaths of officers.] The oaths of justices of the peace 
 and commissioners of deeds must be taken before 
 the county clerk of the county for which they may 
 have been elected. The justice should sign the 
 oath in the presence of the clerk, and should al- 
 ways thereafter make his official signature in the 
 same manner and style. The oath is kept on file 
 that future clerks may examine it and certify as 
 to the justice's signature. 1 R. S. 330, 4th ed. The 
 oaths of notaries public, superintendents of canal 
 repairs, collectors of canal tolls, as well as the oaths 
 of all judicial, executive and administrative offi- 
 cers appointed or elected for any county or city, 
 and of all officers whose duties are local, or whose 
 residence in any particular county is prescribed by 
 law, must be filed in the office of the clerk of the 
 county in which they reside. 1 R. S. 331, 4th ed, 
 
 To notify governor in certain cases and also supervisors.] 
 
'OV THE COUNTY CLEKK.' 453 
 
 In case any officer whose duty it is to file his oath 
 of office or his official bond with the clerk, neglects 
 so to do, within the time required, the clerk must 
 immediately give notice of such neglect to the go- 
 vernor ; except in the case of a justice of the peace. 
 "When he neglects to file the certificate of his oath 
 of office, the clerk must give notice of such neglect 
 to the supervisor of the town from which the justice 
 was elected. 1 R. S. 331, 4th ed. 
 
 Elections.] The duties of the clerk under the 
 election law, are pointed out in Chapter XXII, on 
 the duties of the Board of County Canvassers. 
 
 Collectors' Bonds.] The clerk must receive and en- 
 ter the collectors' bonds in a book to be procured 
 for that purpose, in the same manner in which 
 judgments are entered of record, in order that such 
 bond may be a lien on the real estate of the col- 
 lector and his sureties. 1 R. S. 653, 4th ed. He 
 must index such books in the same manner that 
 he indexes his book of mortgages and deeds. 2 
 R. S. 473, 4th ed. 
 
 Duty respecting sheriff' s bonds.] When receiving and 
 filing the sheriff's bond, the clerk is required to 
 administer an oath to each of the sureties named 
 therein, that he is a freeholder within this State, 
 and worth, if in the city and county of New- York, 
 the sum of twenty thousand dollars, and if in any 
 other county, such sum as will be proportionate to 
 the number of sureties bound in such bond, and 
 to the amount of the bond required in such coun- 
 ty, (that is to say ten thousand dollars) over and 
 above all debts whatsoever, owing by him, which 
 oath must be endorsed on the bond and subscribed 
 
454 OP THE COUNTY CLERK. 
 
 by each of the sureties in the presence of the clerk, 
 who will, notwithstanding, judge of and determine 
 the competency of such sureties. 1 R. S. 696, 
 4th ed. 
 
 To pass on the sufficiency of surrogate's sureties.] The 
 surrogate in each county, within twenty days after 
 notice of his election,, is required to execute his 
 bond and present the same to the clerk for appro- 
 val. In all the counties of the state except the 
 county of New- York, his bond must be in the penal 
 sum of five thousand dollars. The clerk is made 
 the judge of the sufficiency of the sureties. If he 
 is satisfied by the oath of the sureties, or from any- 
 other source, that they are good and sufficient, he 
 will endorse on the bond a certificate of his appro- 
 val and file such bond in his office, there to re- 
 main a matter of record. 1 R. S. 699, 4th ed. 
 
 Duty under school law.] Should the town superin- 
 tendent neglect to discharge the duty required of 
 him in respect to making his report to the county- 
 clerk, as pointed out at page 283, the clerk must 
 immediately give notice of such neglect to the 
 clerk of the town. 1 R. S. 887, 4th ed. 
 
 Clerks Jo record conveyances.] Every conveyance of 
 real estate must be recorded in the office of the 
 clerk of the county where such real estate is situ- 
 ated. Such conveyance riot recorded, is void as 
 against any subsequent purchaser in good faith 
 and for a valuable consideration, whose convey- 
 ance is first recorded. 1 R. S. 162, 4th ed. 
 
 To provide different sets of books.] The clerk must 
 provide a set of books for recording deeds and all 
 conveyances absolute in terms and not intended 
 
OF THE COUNTY CLERK. 455 
 
 as mortgages or securities. He must also provide 
 a set of books in which mortgages and securities 
 are to be recorded. Id. 
 
 Certain deeds to be deemed mortgages.] Deeds con- 
 veying real estate, which by any other instrument 
 in writing appears to have been intended only as 
 a security in the nature of a mortgage, though it 
 be an absolute conveyance in terms, is consider- 
 ed as a mortgage, and the person for whose benefit 
 such deed is made will not derive any benefit from 
 the recording of the same, unless every writing, 
 operating as a defeasance of the same, or explana- 
 tory of the design of such deed, be also recorded 
 therewith and at the same time. James v. Johnson 
 and Morey, 6 /. R. Chy. 417. 2 R. S- 162, 4th ed. ; 
 1 R S. 756, 1st ed. 
 
 Conveyances to be acknowledged before they can be re- 
 corded.] Before the clerk is permitted to record any 
 conveyance, it must be duly acknowledged by the 
 parties executing the same, or proved by a subscri- 
 bing witness thereto, before one of the following 
 officers : 
 
 1st. If .acknowledged or proved within this 
 State, before the justices of the supreme court, 
 judges of county courts, mayors and recorders of 
 cities, commissioners of deeds, justices of the 
 peace in towns ; but no county judge or commis- 
 sioner of deeds can take any such proof or acknow : 
 ledgment out of the city or county for which he 
 was appointed. 
 
 2d. If the instrument is acknowledged or proved 
 out of this State, and within the United States, be- 
 fore the chief justice, or any associate justice of 
 
456 OF THE COUNTY CLERK. 
 
 the supreme court of the United States, or district 
 judge of the United States, or any judge or justice 
 of the supreme, superior, or circuit court of any- 
 state or territory, within the United States, or the 
 chief judge or any associate judge of the circuit 
 court of the United States, in the district of Co- 
 lumbia; but no proof or acknowledgment taken 
 by any such officer, will entitle a conveyance to 
 be recorded, unless taken within some place or 
 territory to which the jurisdiction of the court to 
 which he belongs, shall extend. 
 
 3d. The mayor of any city of the United States, 
 or any consul of the United States resident in any 
 foreign port or country, and any judge of the high- 
 est court in Canada have the power to take the 
 proof or acknowledgment to any conveyance to 
 be recorded in this State, and when duly certified 
 by either of them the same will be as valid and 
 effectual as if taken before any of the justices of 
 the supreme court of this State. St. John v. Croel, 
 5 Hill, 574. 1 R. S. 757, 1st ed; 2 R. S. 163, 4th 
 ed. 
 
 For the rules required to be observed by persons 
 taking acknowledgments or proof of written in- 
 struments to be recorded in this State, by persons 
 residing in Europe or South America, the clerk is 
 referred to 2 E, S. 162 to 166, 4th ed. 
 
 Requisites for acknowledgments.] The officer taking 
 an acknowledgment must know, or have satisfac- 
 tory evidence that the person making the same is 
 the individual described in, and who executed 
 such conveyance. 2 R. S. 166. 2 Cow. 522. 
 
 Married women.] A married woman in this State 
 
OF THE COUNTY CLERK. 457 
 
 must acknowledge in a private examination, se- 
 parate and apart from her husband, that she exe- 
 cuted the conveyance freely and without fear or 
 compulsion of her husband, and no estate of any 
 such woman will pass by any conveyance not so 
 acknowledged. 2 R. S. 166, 4th ed. Stevens v. 
 Stevens, 16 Johns. 116. 
 
 For the forms for acknowledgments, see Ap- 
 pendix, commencing at No. 93. 
 
 Certificates of certain judges.] When a conveyance 
 is proved or acknowledged before any judge of the 
 county courts, not of the degree of counsellor-at- 
 law, in the supreme court, or before any commis- 
 sioner of deeds appointed for any county or city, 
 it is not entitled to be read in evidence or recorded 
 in any other county than that in which such judge 
 or commissioner resides, unless in addition to the 
 preceding requisites there shall be subjoined to the 
 certificate of proof or acknowledgment, signed 
 by such judge or commissioner, a certificate under 
 the hand and seal of the clerk of the county, in 
 which such officer resides, specifying that such 
 officer was, at the time of taking such proof or ac- 
 knowledgment, duly authorised to take the same, 
 and that the clerk is well acquainted with the 
 handwriting of such officer, and verily believes 
 that the signature to such certificate of proof or 
 acknowledgment is genuine. 2 R. S. 168, 4th 
 ed. Wood v. Weiant, 1 Cow. 77. 
 
 The same rule, as is above mentioned, applies 
 to proofs or acknowledgments taken before justices 
 of the peace. 
 
 To record affidavits of sale.] When mortgages are 
 58 
 
458 OF THE COUNTY CLERK. 
 
 foreclosed by advertisement, see 2 R. S. 779, 4th ed., 
 the several affidavits required by the statute must 
 be recorded at length by the clerk in the record 
 of mortgages. 
 
 Indices to books.] The clerk must attach to every 
 book kept in his office in which deeds or mortga- 
 ges are recorded, or collectors' bonds entered, an 
 index to the matters contained in such books, ar- 
 ranged in alphabetical order, under the names of 
 the several parties to such matters, with referen- 
 ces to the pages where the same may be found, 
 which, together with such books, must at all pro- 
 per times be open for the inspection of any person 
 paying therefor the legal fees hereinafter men- 
 tioned. 2 R. S. 473, 4th ed. 
 
 Certificates of limited partnership.] The clerk must 
 receive and file and record such certificates rela- 
 ting to limited partnerships as may be presented 
 to him duly acknowledged or proved. 1 R. S. 765, 
 4th ed. 2 R. S.' 174, 4th ed. 
 
 Office hours.-] The clerk must keep his office open 
 for the transaction of business every day in the 
 year except Sundays and the Fourth of July, from 
 9 to 12 o'clock A. M. and from 2 to 5 o'clock P. 
 M. 2 R. S. 285, 1st ed. '; 472, 4th ed. This does 
 not apply to the county of New- York nor the coun- 
 ty of Kings. 
 
 Filing papers.] This is done by writing across the 
 paper near the lower end, after being folded, the 
 day and year when filed, and depositing it in its 
 proper place. 
 
 List of convictions, when sent.] The clerk must send 
 to the secretary of state within ten days after the 
 
Ol 1 THE COUNTY CLERK. 459 
 
 sitting of each court of oyer and terminer and ses- 
 sions, a list of all criminal convictions at such 
 courts, and of all certificates of convictions filed in 
 his office since his last report. 
 
 To file reports of town superintendents.] He must re- 
 ceive and file the annual reports of town superin- 
 tendents of common schools and examine the same, 
 and if they appear defective, return them for cor- 
 rection. He must notify such town superinten- 
 dents as neglect to file their reports before the first 
 day of August. He must make an abstract of all 
 such reports on or before the first day of October, 
 (for which blanks are furnished) and forward the 
 same to the superintendent of public instruction. 
 One copy should be filed in the office of the clerk. 
 ' To distribute laws.] The clerk will receive from 
 the secretary of .state session laws, acts of con- 
 gress, and other books, and also blanks for com- 
 mon schools, and distribute the same according to 
 the instructions he may receive. 
 
 To copy names of jurors.] Upon receiving the new 
 lists of petit jurors required to be furnished once in 
 three years, the clerk on the first day of August 
 thereafter, will write each person's name, and oc- 
 cupation, and residence, upon a separate slip of 
 paper of similar size, and fold or roll each and de- 
 posit them in a draft box, which should be kept 
 locked ; having completed his new list,, he will de- 
 stroy the old list. 2 R. S. 412 ; p. 656, 4th ed. 
 
 Names of grand jurors.] The clerk will receive an- 
 nually from the board of supervisors a list of grand 
 jurors for the year, the names of which must be 
 written upon separate slips of paper, the same as 
 
460 OF THE COUNTY CLEKK. 
 
 petit jurors, and folded and kept in a box called the 
 grand jury box. R. S. 721, 1st ed.; p. 905, 4th ed. 
 
 To publish notices of drawing jurors.] The clerk, at 
 least six days before the drawing of any jury, must 
 publish notices in a newspaper of the county, if 
 there be any, and if not, he must affix such notice 
 on the court house door, of the time and place 
 (which should be at the clerk's office,) when such 
 jury will be drawn. A copy of such notice must 
 be served on the sheriff of -the county and the 
 county judge, at least three days before such draw- 
 ing. 2 R. S. 414, 1st ed. ; 661, \th ed. 
 
 When to draw jurors.] Fourteen days before hold- 
 ing any circuit court, court of oyer and terminer, 
 county court, or mayor's court, the clerk of the 
 county in which such court is to be held, must 
 draw the names of thirty-six pe-rsons, to serve as 
 jurors at such court, except in the county of New- 
 York, he draws eighty-four, and in the county of 
 Franklin twenty-four. The sheriff and county 
 judge attend the drawing, and if from any cause 
 they do not attend, the clerk must adjourn the 
 drawing of the jury until the next day, and must 
 by another notice require the delinquent county 
 judge, or sheriff, or some other county judge or 
 any two justices of the peace, to attend such 
 drawing. If at the adjourned day the sheriff or 
 under sheriff, and a county judge or justice of the 
 peace appears, but not otherwise, the clerk will 
 proceed in the presence of the officers so appear- 
 ing to draw the jury. 
 
 Mode of drawing.] The clerk will conduct the 
 drawing as follows : he will shake the box con- 
 
Or THE COUNTY CLERK. 461 
 
 taining the names of jurors returned to him, so as 
 to mix the slips of paper on which such names 
 were written as much as possible : he will then 
 publicly draw out of the box, as many of the slips 
 of paper containing the names, as there shall be 
 jurors required by law, or specially ordered for 
 such court. A minute of the drawing must be 
 kept by one of the attending officers, in which 
 must be entered the name contained on every slip 
 of paper so drawn, before any other such slip is 
 drawn. If, after drawing the whole number re- 
 quired, the name of any person appears to have 
 been drawn who is dead, or become insane, or 
 who has permanently removed from the county, 
 to the knowledge of the clerk or any other attend- 
 ing officer, an entry of such fact must be made in 
 the minutes of the drawing, and the slip of paper 
 containing such name must be destroyed. An- 
 other name will then be drawn, in place of that 
 contained on the slip of paper destroyed, which 
 must be in like manner entered in the minutes of 
 the drawing; the same proceedings will be had 
 as often as may be necessary, until the whole 
 number of jurors required shall have been drawn ; 
 the minutes of the drawing will then be signed by 
 the clerk and the attending officers, and be filed 
 in the clerk's office. A list of the names of the 
 persons so drawn, with their additions and places 
 of residence and specifying for what court they 
 were drawn, must be made and certified by the 
 clerk and the attending officers, and be delivered 
 to the sheriff of the county. 2 R. S. 334, 2d ed. 
 Mode of drawing grand jurors.] The drawing of 
 
462 OP THE COUNTY CLKEK. 
 
 grand jurors is conducted in all respects like the 
 drawing of petit jurors, the clerk makes a like cer- 
 tificate in all respects and delivers the same to the 
 sheriff of the county. 2 R. S. 906, 4th ed. 
 
 When' to issue subpcenas.] The clerk of any county 
 in which an indictment may be found or any pro- 
 ceedings before the sessions may be instituted, 
 upon the application of the defendant, without re- 
 quiring any fees, must issue subpoenas as well du- 
 ring the setting of a court as in vacation, for such 
 witnesses as such defendant may require. 2R. S. 
 912, 4th ed. Form of the subpoena, see the same 
 page of the statute last above cited. 
 
 May take affidavits.] In all cases where oaths or 
 affidavits are required to be taken by law, except 
 in those cases where special provision is made re- 
 quiring oaths of office to be taken before particular 
 officers, the clerk may administer such oaths and 
 take and certify such affidavits. 2 R. S. 284, 1st 
 ed. 2 R. S. 471, 4th ed. 
 
 Duty of the clerk respecting courts.J The county 
 clerk officiates as clerk of the supreme court at all 
 the general and special terms thereof held in his 
 county. Const, art. 6, set. 19. 1 R. S. 60, 4th ed. 
 He is clerk of all the circuit courts, courts of oyer 
 and terminer, sessions, and county courts held in 
 his county. 2 R. S. 380, 4th ed. Having filed such 
 pleadings and papers as*are furnished him by the 
 attorneys, and having made out and delivered to 
 the sheriff the list of jurors drawn to attend court 
 as has been directed, the next step in preparing 
 for court is to make up the calendars. He will be 
 furnished by the attorneys, at least four days be- 
 
OF THE COUNTY CLERK. 463 
 
 fore any term of court, at which cases are to he 
 heard or tried, with notes of issue, which consist 
 of the title of the action, the names of the attor- 
 neys, and the date when the last pleading was 
 served. Code of Procedure, sec. 256. The calendar 
 consists of such notes of issue arranged as follows : 
 The clerk rules the pages of ahlank book or several 
 sheets of paper from top to bottom into three spaces, 
 in the first space he enters the title of the cause, 
 in "the second the date of the issue, and in the third 
 the names of the attorneys, taking care in arrang- 
 ing the dates to insert the senior before the junior. 
 In counties where the calendar is large, it is the 
 practice to print the circuit calendar. The calen- 
 dar for the general terms of the supreme court 
 must in all cases be printed. Rule 34 of Sup. Court. 
 Appeals on such calendar must be entered accord- 
 ing to the date of the service of the notice of ap- 
 peal, and other cases as of the time when the 
 question to be removed arose. 4 How. Pr. 26. The 
 clerk is not required to enter any cause on the 
 calendar unless the note of issue is received at least 
 four days before the term of court. 
 
 His duty at a court at which issues of fact as well as 
 indictments are tried.] The clerk having prepared his 
 calendar, next provides himself with a quantity of 
 paper upon which to keep the minutes of the pro- 
 ceedings of the court, temporarily, until the same 
 can be transcribed into the book of minutes to be 
 kept as a permanent record. 
 
 Opening the court at a circuit and oyer and terminer.] 
 The judges having appeared in the court room, 
 and the sheriffs, constables and jurors being con- 
 
464 OP THE COUNTY CLERK, 
 
 vened, and the clerk being requested by the circuit 
 judge to open the court, either proclaims or directs 
 the person acting as crier, (the office of crier being 
 abolished, Laws of 1847, chap. 470,) to proclaim as 
 follows : 
 
 " Hear ye, hear ye, hear ye. All manner of per- 
 sons having business to do at this circuit court 
 and court of oyer and terminer, held in and for the 
 county of , let them draw near and give 
 
 their attendance, and they shall be heard." 
 
 Proclamation to sheriff.] He then says : " Sheriff 
 of the county of , return the several writs 
 
 and precepts to you directed and delivered, and 
 returnable here this day, that the court may pro- 
 ceed thereon." 
 
 The clerk then calls the names of such constables 
 as have been designated to attend the term of the 
 court, as follows : " Constables of the county 
 of , answer to your names as you are called 
 
 and save your fines." He notes the names of the 
 absentees, if any. 
 
 Proclamation before calling grand jury.] The clerk 
 next says : " Hear ye, hear ye, hear ye. You good 
 men who are here returned to inquire for the peo- 
 ple of the State, of New- York, for the body of the 
 county of , answer to your names every 
 
 one, at the first call, and save your fines." He 
 then calls the names of the grand jurors, individu- 
 ally, and if sixteen or more appear, the court will 
 designate some one of the number as foreman, and 
 direct the clerk to swear him as such. 
 
 Oath to foreman of grand jury.] The clerk next 
 proceeds to administer to the foreman the follow- 
 
OF THE COUNTY CLEBK. 465 
 
 ing oath : " You, as foreman of this grand inquest, 
 shall diligently inquire, and true presentment 
 make, of all such matters and things as shall be 
 given you in charge ; the counsel of the people, 
 your fellows, and your own, you shall keep secret; 
 you shall present no man for envy, hatred, or ma- 
 lice ; neither shall you leave any man unpresented 
 for fear, favor, or affection, or reward ; but you shall 
 present all things truly as they come to your know- 
 ledge, according to the best of your understanding. 
 So help you God." 
 
 The remaining grand jurors are then sworn, 
 usually four at a time. 
 
 Oath to grand jurors.] The clerk says: "The same 
 oath which your foreman hath taken on his part, 
 you and each of you shall well and truly observe 
 and keep on your parts. So help you God." 
 
 Proclamation for silence while court is charging grand 
 jury.] The grand jurors being all sworn the clerk 
 proclaims as follows : " The justices of the people 
 do strictly command all manner of persons to keep 
 silence while the charge is being given to the 
 grand jury, on pain of imprisonment." The grand 
 jury having received their charge, the next step 
 usually is to call the petit jurors, although this 
 matter, as to which jury shall be called first, will 
 be regulated by the court as convenience may re- 
 quire. 
 
 Proclamation on calling petit jurors.] The clerk hav- 
 ing received the lists for the petit jurors from the 
 sheriff, when directed by the court to call the jury, 
 says as follows: 
 
 "Hear ye, hear ye, hear ye : You good men who 
 59 
 
466 OP THE COUNTY CLERK. 
 
 are here returned this day to try the several issues 
 joined at this circuit court, and court of oyer and 
 terminer, held in and for the county of , an- 
 
 swer to your names as you are called, and save 
 your fines." The clerk then calls the names as 
 they appear on the sheriff's panel, noticing the 
 names of the absentees. He then enumerates to 
 the court the names of the defaulters, and if the 
 court imposes a fine, another proclamation is 
 made. At this time, also, defaulting constables 
 are usually fined. 
 
 Proclamation before imposing fines.] The clerk then 
 says, "Hear ye, hear ye, hear ye: The court have 
 imposed a fine of dollars upon each of the fol- 
 lowing persons for their non-attendance at this 
 court, as follows : A. B., dollars." He makes 
 a similar proclamation in regard to defaulting con- 
 stables. He next swears the attending petit jurors, 
 usually four at a time. 
 
 Oath to petit jurors.] The sheriff holding the Gos- 
 pels, the jurors, as they are called, appear usually 
 four at a time, and place their right hand upon the 
 book, the clerk says, " You and each of you shall 
 well and truly try the several issues which you 
 shall have in charge at this circuit court, and true 
 verdicts give therein respectively, according to 
 evidence. So help you God." Should any of the 
 jurors affirm, the commencement of the affirmation 
 would be, " You do solemnly, sincerely and truly 
 declare and affirm, that," &c, and the conclusion 
 would be, " thus you affirm." Should any jurors 
 desire to swear by the uplifted hand, the com- 
 mencement of the oath would be, "You do swear 
 
OF THE COUNTY CLERK. '467 
 
 in the presence of the ever living God, that," &c, 
 arid the conclusion would be, " thus you swear." 
 The same rule applies when witnesses or others 
 affirm, as to the commencement and conclusion of 
 the affirmation. 
 
 The court being duly organized, the business on 
 the calendar is usually taken up first, although 
 criminal business takes precedence if the district 
 attorney is ready to move the trial of any indict- 
 ment. The circuit court and court of oyer and 
 terminer, although they convene at the same 
 hour, and for convenience are opened at one and 
 the same time, yet they are .distinct courts, and the 
 clerk must keep the minutes of their proceedings 
 separate and distinct from each other. A justice 
 of the supreme court alone, commonly called a 
 circuit judge, holds the circuit, the ordinary busi- 
 ness of which is to try issues of fact in civil cases. 
 No business can be transacted in the oyer and ter- 
 miner, nor can the court be organized, unless there 
 is upon the bench a justice of the supreme court, 
 who presides, and either a county judge and one 
 justice of the sessions, or such presiding justice 
 and two justices of the sessions (justices of the 
 peace.) 2 R. S. 377, 4th ed. The ordinary busi- 
 ness of the oyer and terminer is to try indict- 
 ments for the higher grade of crimes. The calen- 
 dar being taken up, the judge commences calling 
 the title of the causes as they appear in their or- 
 der; upon a cause being moved, he directs the 
 clerk to impannel a jury. 
 
 Proclamation for jufy in a civil cause.] The clerk 
 will then say, " You good men who are here im- 
 
468 OF THE COUNTY CLERK. 
 
 pannelled and returned to try this issue joined be- 
 tween I. D., plaintiff, and R. R., defendant, answer 
 to your . names as you are called and save your 
 fines." Upon twelve answering and taking their 
 seats, if there are no objections, the trial will pro- 
 ceed. If a juror is challenged, and the court should 
 appoint triers, the clerk will swear them. 
 
 Oath to triers.] " You shall well and truly try, and 
 truly find whether A. B., the juror challenged, 
 stands indifferent between I. D., plaintiff, and R. 
 R., defendant, in the issue about to be tried. So 
 help you God." 
 
 Oath to witness in a civil cause.] When the cause 
 is ready to proceed and a witness is called to the 
 stand to give evidence, the clerk swears him as 
 follows: "The evidence you shall give in this 
 issue joined, between I. D., plaintiff, and R. R., 
 defendant, shall be the truth, the whole truth, and 
 nothing but the truth. So help you God." 
 
 Oath to interpreter.] When it becomes necessary 
 to swear an interpreter, the clerk says, " You shall 
 well and truly interpret between the court, the 
 jury, the counsel and the witness in this issue 
 joined, between I. D., plaintiff, and R. R., defen- 
 dant. So help you God." 
 
 Voire dire.] Should either party desire a witness 
 to be sworn respecting his interest, the form would 
 be, " You shall true answers make to such ques- 
 tions as shall be put to you touching your interest 
 in the event of this action. So help you God." 
 • Oath to a constable on retiring with a juror.] Should 
 a juror or jurors desire to be absent before the close 
 of the trial, and the parties do not consent to his 
 
OP THE COUNTY CLERK. 469 
 
 retiring alone, the clerk swears a constable as 
 follows: "You shall retire with such jurors as 
 have leave of absence from this court ; you shall 
 not speak to them yourself in relation to this trial, 
 nor suffer any person to speak to them; and you 
 shall return with them without delay. So help you 
 God." 
 
 Oath to constable to keep jury during recess.] "You 
 shall retire with the jury to some convenient room, 
 to be furnished by the sheriff; you shall not suf- 
 fer any person to speak to them, nor speak to 
 them yourself in relation to this trial, and return 
 with them, at the order of the court. So help you 
 God." 
 
 Oath to constable attending jury when they retire to 
 make up their verdict in civil or criminal cases.] The 
 trial of a cause or an indictment being completed 
 and finally submitted, the clerk administers to the 
 constable who retires with the jury, the following 
 oath : " You shall well and truly keep every per- 
 son sworn on this jury in a private and convenient 
 place, without meat or drink, water excepted ; you 
 shall not suffer any person to speak to them, nor 
 speak to them yourself, without leave of the court, 
 except it be to ask them whether they have 
 agreed on their verdict, until they shall have 
 agreed on their verdict. So help you God." 
 
 Oath to juror or constable asking to be excused or dis- 
 charged.] "You shall true answers make to such 
 questions as shall be put to you, touching your 
 application (or the application for and in behalf of 
 A. B.) to be discharged (or excused) from atten- 
 dance as a at this court. So help you God." 
 
470 OF THE COUNTY CLERK. 
 
 Oath to poor witness on application for expenses^] 
 Should a poor witness apply for the payment of 
 his expenses while attending court, the clerk will 
 swear him as follows: "You shall true answers 
 make to such questions as shall he put to you 
 touching your application for the expenses of your 
 attendance at this court, as a witness in behalf of 
 the people of this State. So help you God." 
 
 Arraignment for felony.] The court of oyer and ter- 
 miner being in session, should the district attorney 
 desire to arraign a person indicted for a felony, the 
 clerk makes the following proclamation: "All per- 
 sons are strictly charged to keep silence while the 
 court proceeds to arraign the prisoners on indict- 
 ments for felonies." 
 
 Proclamation for petit jury in case of felony.] The trial 
 of an indictment being moved, the clerk will say: 
 " You good men who are here returned to inquire 
 between the people of the State of New- York and 
 R. R., the prisoner at the bar, answer to your 
 names as you are called, and save your fines." 
 
 The clerk's address to the prisoner before he begins to 
 call the jury.] In cases where the accused is indict- 
 ed for a crime punishable with death, or imprison- 
 ment in state prison for ten years or more, in which 
 case he is entitled to challenge twenty of the per- 
 sons drawn as jurors, and no more, the clerk makes 
 the following address to the accused : 
 
 " A. B., these good men that you shall now hear 
 called, are the jurors who are to pass between the 
 people of the State of New- York and you; (or if in 
 a capital case, upon your life and death ;) if therefore 
 you will challenge them, or any of them, you must 
 
OF THE COUNTY CLERK. 471 
 
 challenge them as they come to the hook to he 
 »sworn, hefore they are sworn, and you shall be 
 heard." 
 
 The crier then, calls the jurors one at a time as 
 they are drawn by the clerk ; and when the juror 
 comes to the stand and is ready to be sworn, the 
 clerk says to him : 
 
 "Juror, look upon the prisoner ; prisoner, look 
 upon the juror." 
 
 The clerk then administers the juror's oath. 
 
 The juror's oath.] " You shall well and truly try, 
 and true deliverance make, between the people of 
 the State of New- York and A. B., the prisoner at 
 the bar, whom you shall have in charge, and a 
 true verdict give according to the evidence. So 
 help you God." 
 
 This is the proper form of the juror's oath in all 
 cases of felony, whether the prisoner be entitled to 
 his peremptory challenges or not. 
 
 Oath of a witness on a trial for a felony.] "The evi- 
 dence you shall give between the people of the 
 State of New- York and A. B., the prisoner at the 
 bar shall be the truth, the whole truth, and nothing 
 but the truth. So help you God." 
 
 There are a variety of other proclamations to be 
 made during the progress of the court, which are 
 as follows : 
 
 Proclamation for persons bound to answer.] ' ' Hear ye, 
 hear ye, hear ye : A. B., come forth and answer to 
 your name, and save yourself and your bail, or you 
 will forfeit your recognizance." 
 
 Proclamation for bail to produce principal.] "Hear 
 ye, hear ye, hear ye : C. D. and E. F., bring forth A. 
 
472 OF THE COUNTY CLERK. 
 
 B., your principal, whom you have undertaken to 
 have here this day, or you will forfeit your recog 
 nizance." 
 
 Proclamation for discharge of person against whom no 
 bills are found.'] "Hear ye, hear ye, hear ye: If any 
 man can show lawful cause why A. B. should stand 
 longer bound, (or imprisoned,) let him come forth 
 and he shall be heard ; otherwise the said A. B. 
 will be discharged." 
 
 If no objections be made, the clerk will say : 
 " No cause being shown, he is discharged." 
 
 Proclamation for defendant on an inquest.'] "A. B., 
 come forth and make your challenges, or you will 
 lose your challenges, and an inquest will be taken 
 against you by default." 
 
 Proclamation for plaintiff to appear and prosecute.] 
 "A. B., appear and prosecute your action, or your 
 default will be entered." 
 
 Proclamation for adjournment.] " Hear ye, hear ye, 
 hear ye: All manner of persons who have ahy fur- 
 ther business to do at this circuit court and court ox 
 oyer and terminer, (or court of common pleas and 
 general sessions of the peace,) may depart hence, 
 and appear here again to-morrow morning at 
 o'clock, to which time these courts are adjourned." 
 
 Proclamation for opening court after adjournment.] 
 " Hear ye, hear ye, hear ye : all manner of persons 
 who have been adjourned over to this hour, and 
 have any further business to do at this (state the 
 name of the court,) let them draw near and give 
 their attendance and they shall be heard." 
 
 Proclamation before sentence.] After a defendant has 
 been convicted and when brought into court for 
 
OF THE COUNTY CLERK. 473 
 
 sentence, the clerk will make proclamation as fol- 
 lows: " Hear ye, hear ye, hear ye : All manner of 
 persons are commanded to keep silence while 
 judgment is given against the prisoner at the bar, 
 upon pain of imprisonment." 
 
 Proclamation calling jury in case of misdemeanor.] 
 When an indictment for a misdemeanor is brought 
 on to be tried, the clerk proclaims as follows: 
 " You good men, who are here returned to try this 
 issue of traverse between the people of the State 
 of New- York and R. R., the defendant, answer to 
 your names and save your fines." 
 
 The clerk usually calls four jurors to the book 
 and administers the following oath : " You shall 
 well and truly try this issue of traverse between 
 the people of the State of New York, and R. R., the 
 defendant, and a true verdict give therein accord- 
 ing to evidence. So help you God." 
 
 Oath to witness in case of misdemeanor.] " The evi- 
 dence you shall give in this issue of traverse be- 
 tween the people of the State of New York, and 
 R. R., defendant, shall be the truth, the whole 
 truth, and nothing but the truth. So help you God." 
 
 Receiving verdict in case of felony.] The jury before 
 whom an indictment for the higher grade of felony 
 has been tried, having returned into court, the 
 clerk says : " Gentlemen of the jury, please an- 
 swer to your names." Having called all the 
 names he asks : " Have you agreed on your ver- 
 dict?" If the foreman responds in the affirmative, 
 he says : " Jurors look upon the prisoner." The 
 foreman then rises, and the clerk continues: 
 "How say you, do you find the prisoner guilty of the 
 
 60 
 
474 OP THE COUNTY CLERK. 
 
 felony whereof he stands indicted, or not guilty?" 
 The foreman answers as the ease may be, and the 
 clerk then says: " Hearken to your verdict, gentle- 
 men of the jury, as the court has recorded it: you 
 say you 'find the prisoner at the bar guilty (or not 
 guilty, if that be the case,) of the felony (or murder) 
 whereof he stands indicted, and so say you all." 
 
 Polling the jury.] Polling the jury is simply inqui- 
 ring of each juror individually whether the verdict 
 rendered by the foreman is the verdict of each juror. 
 It is usually done as follows : The clerk calls the 
 foreman by name and says : " A. B., how do you 
 find ? Do you find the prisoner at the bar guilty 
 or not guilty?" The foreman responds. The 
 clerk then says to the next juror on the list, calling 
 him by name, " Is this your verdict?" He pro- 
 ceeds in the same way until all are called and then 
 says : " Hearken to your verdict, gentlemen, as 
 the court has recorded it, you say you find the 
 prisoner at the bar guilty of the felony whereof he 
 stands indicted, so you all say." This form may 
 be readily adapted to cases of misdemeanors by 
 substituting the word defendant for the word pri- 
 soner, and the word misdemeanor for the word 
 felony. The above directions it is believed will 
 be sufficient to indicate the duty of the clerk in 
 polling a jury in a civil case. 
 
 Receiving verdict in civil action.] The jury having 
 returned into court, the clerk addresses them as 
 follows : " Gentlemen of the jury, please answer 
 to your names." Having called the names of 
 each, he says: "Gentlemen, have you agreed on 
 your verdict ?" The foreman rising, the clerk con- 
 
OF THE COtJNTY CLERK. 475 
 
 tinues : " How do you find ? " The foreman then 
 states the verdict, the clerk making a note of it in 
 his minutes. The clerk then says: "Gentlemen, 
 please listen to your verdict as the court has re- 
 corded it. You say you find (the clerk will report 
 the finding, as given by the foreman) and so you all 
 say." i 
 
 Form of keeping minutes of verdict.] 
 Supreme Court. — County of 
 
 J. D. ^ At a circuit court held at the court 
 against > room, in and for said county, on the 
 
 R.R. ) day of 18 . 
 
 Present, Hon. W. F. ALLEN, 
 
 Justice of Supreme Court. 
 (Jurors' names.) 
 
 (Witnesses' names.) 
 Verdict for the plaintiff for damages, $ 
 Taking the verdict in other cases.] The mode of 
 rendering and entering the verdict when the de- 
 livering of personal property or the recovering of 
 real property is desired, is pointed out in section 
 261, Code of Procedure. "Where the court directs 
 a special verdict, it is the business of the attorneys 
 to prepare the same under the direction of the 
 court, for the clerk to enter; 
 
 Orders.] The order for judgment, and some of 
 that class of orders ordinarily drawn by the court, 
 are given in the Appendix. Such orders as the 
 court directs to be entered, are usually drawn by 
 the attorneys and handed to the clerk to be en- 
 tered. This is the most correct practice, because 
 questions of costs and special clauses which the 
 court may authorise to be inserted in the orders to 
 
476 OF THE COUNTY CLEUK. 
 
 be entered,,, are matters affecting the attorneys and 
 the parties, the regulation and supervision of 
 which should not be required of the clerk. He 
 should not be required to perform the duty of an 
 attorney in that respect. 
 
 Several forms for the use of the clerk are given 
 in the Appendix, commencing at No. 221. 
 
 Mode of keeping records.] As has been seen, the 
 clerk is the recorder and keeper of all the convey- 
 ances of real estate in his county. This part of his 
 duty, though comparatively easy, is very impor- 
 tant ; much good will result to those who succeed 
 him and to the public in future times if the records 
 are kept in a legible, correct, and proper manner. 
 I shall therefore be somewhat minute in relation 
 to this part of a clerk's duty. He is authorized to 
 procure at the expense of the county all necessary 
 books for records ; these should be of good paper 
 and neither so small as to make a change of books 
 in examining the records unnecessarily frequent, 
 or so large and ponderous as to make it wearisome 
 in taking down and replacing them upon shelves 
 prepared for them. A book of 500 pages of thick 
 good paper will be found a very convenient size. 
 The books should be firmly bound in thick heavy 
 covers with spring backs. Each cover should have 
 upon the outside at least six brass knobs or protec- 
 tors with a flat surface ; if but four the book will 
 become curved when lying upon the side. 
 
 Two sets of books, and what to contain.] For record- 
 ing conveyances of real estate two sets of books 
 are required, one lettered "Deeds," and the other 
 "Mortgages," each of which should be numbered. 
 
• OP THK COUNTY CLERK. 477 
 
 All conveyances in fee simple or reversionary, and 
 leases for life or for a term of years, not less than 
 three, should be recorded in the deed book; and 
 all mortgages and all conveyances, absolute in their 
 terms but intended as securities in the nature of 
 mortgages, should be recorded in the book of mort- 
 gages. Also every assignment of a mortgage or 
 release of a part of mortgaged premises, and all 
 affidavits of the foreclosure of a mortgage must be 
 recorded in the mortgage book, and also all certifi- 
 cates of satisfaction of a mortgage. Upon record- 
 ing a certificate of the satisfaction of a mortgage 
 with the certificate of proof or acknowledgment, it 
 is the duty of the clerk to turn to the original re- 
 cord of the mortgage, and in the blank space which 
 should be left immediately following each record, 
 make an entry, certifying that by virtue of a cer- 
 tificate of satisfaction recorded this day of , 
 18 , in book of mortgages, page the last 
 preceding mortgage is cancelled and discharged of 
 record. Upon recording an assignment, release 
 of mortgaged premises, or affidavits of foreclosure 
 and sale, a 'note of the same should be entered 
 under the record of the mortgage, referring to the 
 book and page where such assignment or Other 
 writing affecting such mortgage is recorded. It is 
 quite common for a mortgagee after receiving pay- 
 ment of his mortgage, to endorse upon the back in 
 substance that the within mortgage is paid, and sign 
 his name to it. In such a case the officer taking 
 the acknowledgment should certify " known to me 
 to be the mortgagee within named," as well as who 
 executed, etc. As the clerk in such cases records 
 
478 
 
 OP THE COUNTY CLERK. 
 
 nothing but these two brief certificates, the mort- 
 gagee in his certificate of satisfaction should briefly 
 describe the mortgage by names, and the parties, 
 and the book and page where recorded, so that 
 when copied separately it would apply to the right 
 mortgage and to no other. Without such descrip* 
 tion, a clerk would be justified in refusing to can- 
 cel the record of a mortgage, and in some coun- 
 ties they do so refuse. 
 
 To keep a register.] Every clerk should keep a 
 register (sometimes called roster) for entering con- 
 veyances when received for record. The law 
 does not require this, yet experience has shown 
 that it is almost indispensable. It should be a 
 bound volume of several hundred pages, sufficient 
 to answer for one term of three years. Each page 
 should be ruled lengthwise, dividing it into six 
 parts of different widths, as needed, with printed 
 headings, as follows : 
 
 Day 
 received. 
 
 Hour. 
 
 Name of instrument. 
 
 Grantor or 
 mortgagor. 
 
 Grantee or 
 mortgagee. 
 
 Time delivered 
 and to whom. 
 
 How to proceed on receiving a conveyance.] Upon re- 
 ceiving a deed or other instrument in writing for 
 record, the first object should be to see that it has 
 been properly acknowledged or proved. The dif- 
 ferent forms of acknowledgment are given in the 
 Appendix, commencing at No. 93. The statute 
 requirements have been hereinbefore pointed out. 
 The law requires that the certificates of justices of 
 the peace and commissioners of deeds of cities, 
 living out of the county where the conveyance is 
 to be recorded, should be accompanied by a certi- 
 
OP THE QOIJNTY CLERK. 479 
 
 cate of the clerk of the county where they reside, 
 attached thereto, showing the official character of 
 such officer, and that he is acquainted with his 
 handwriting - , and believes the signature to his cer- 
 tificate of acknowledgment is genuine, before the 
 deed or other written instrument can be recorded 
 in any other county, 
 
 The governor of this State is authorized to appoint 
 commissioners residing in other States, to take ac- 
 knowledgments of papers to be recorded in this 
 State, when properly certified under their hand and 
 official seal, to which must be attached a certificate 
 from the secretary of state of this State, as to their 
 official seal and official character. See laws of 1850, 
 page 583. The laws of 1848, chap. 195, provide that 
 acknowledgments may be taken in another State 
 by any person authorized by the law of such State 
 or territory to take such acknowledgments, pro- 
 vided they have attached thereto a certificate of the 
 clerk of the county, that the person taking such 
 proof or acknowledgment was at the date thereof 
 an officer duly authorized by law to take the same, 
 and that he is acquainted with his handwriting and 
 believes his signature is genuine. 2 R. S. 163, 
 4th ed. 
 
 Patents for lands, signed by the governor and 
 secretary of state, with the secretary's seal, and 
 also deeds for lands sold for taxes, made by the 
 comptroller, with his official seal, may be re- 
 corded without proof or acknowledgment. 2 R. 
 S. 169, 4th ed. 
 
 Deeds executed by sheriffs or other officers, au- 
 thorized to give deeds, must be acknowledged or 
 
480 OF THE COUNTY CLERK. 
 
 proved the same as other deeds. The law requires 
 that affidavits of foreclosure shall be recorded in 
 the book of mortgages, consequently nothing ap- 
 pears in the book of deeds showing title in the 
 purchaser of the mortgaged premises; it there- 
 fore frequently becomes necessary in searching for 
 title, to look for a mortgage from a previous owner, 
 and see if it has not been foreclosed by advertise- 
 ment and sale, thus sliding the title into the hands 
 of another. Every conveyance is in law con- 
 sidered recorded from the hour it is left at the 
 office for that purpose. If upon examination it is 
 found to be properly acknowledged, it should be 
 entered in the register, and a note of the day and 
 hour when recorded made upon the back of the 
 instrument, that the recording clerk can write his 
 certificate of the " book and page, day and hour" 
 where and when recorded, upon such instrument, 
 which certificate the clerk or his -deputy should 
 sign, as the law makes it prima facie evidence of 
 such recording. 
 
 Scribes.] As clerks generally employ scribes to 
 do their recording, it often happens that personal 
 or political friendship has more influence in their 
 selection than merit and ability. Such persons 
 should not only be ready writers, but be both able 
 and willing to write a plain legible hand, so that 
 it can be easily read without first studying each 
 one's peculiar autograph. Each scribe should also 
 be able to spell correctly. 
 
 Every conveyance should be copied entire in 
 the book of records ; words, abbreviations, charac- 
 ters and figures as they are in the original, with- 
 
OF THE COUNTY CLERK. 451 
 
 out, however, regarding capital letters where they 
 do or do not appear. Capitals should be made in 
 all places proper for them and in no other, without 
 reference to the original, and periods inserted in 
 every place where the sense requires it ; attention 
 to this makes the record appear much better and 
 assists materially in searching out titles, which is a 
 large business in the office. The scribe or recorder 
 should for the same reason give his attention to 
 several other apparently small matters, for in- 
 stance: grantors and grantees, these should be 
 written in a plain and unmistakeable manner; 
 many names when hastily written are very simi- 
 lar in appearance, as Henry and Harvey and Har- 
 ry, and Tyler, Fyter, &c. ; also care should be taken 
 in writing the words "twenty" and "seventy," so 
 that one may not be mistaken for the other when 
 commenced with a capital letter. 
 
 Secondly : The land conveyed ; as a description 
 of this sometimes commences at the fourth or fifth 
 and occasionally at the twentieth, thirtieth, or even 
 fortieth line, the first word of such description which 
 is generally all, should be written in a large or promi- 
 nent manner that it may readily be distinguished. 
 Where two or three pieces are conveyed, the word 
 also, should be written in the same style, and when 
 the words excepting and reserving occur, the same 
 rule should be observed. The same remark will 
 apply also to the word following the final descrip- 
 tion,- which is usually in a deed, Together with, fyc, 
 and in a mortgage " This grant is intended, $-c." 
 
 Omissions.'] Whenever an omission or repetition 
 of a word occurs in an article for record, it should 
 
 61 
 
482 OF THE COUNTY CLERK. 
 
 be copied as it is, but it should be noted by under- 
 scoring, so that it may appear that the error was 
 not from the carelessness of the recorder. ,The 
 same remark will apply to all gross errors of lan- 
 guage or of spelling, so that words of this kind oc- 
 curring, should be underscored thus, "fourty ate" 
 dollars and "intrust." Whenever the letters in- 
 tended by the writer to form a word or name can- 
 not be ascertained, as is not unfrequently the case, 
 afac simile of such characters should be made in 
 the record and underscored. But in all cases 
 where the intention of the writer can be ascertain- 
 ed, his words and letters should be copied in a 
 plain legible hand, without reference to the scrib- 
 bling or uncouth form in which he may have 
 penned them. The clerk is required to make an 
 entry in the record immediately after the copy of 
 every conveyance recorded, specifying the time of 
 the day, month and year when such conveyance 
 was recorded. 2 R. S. 168, 4th ed. He must also 
 make a certificate upon every conveyance so re- 
 corded, of the time, book, page, and when and 
 where recorded, and record the same in the order 
 and as of the time when received for record. 
 
 The term " conveyance" embraces every instru- 
 ment in writing by which any estate or interest in 
 real estate is created, aliened, mortgaged or assign- 
 ed, except >wills, and leases for a term not exceeding 
 three years. 2 R. S. 171, 4th ed. Leases for life or 
 for a term of time exceeding three years should be 
 recorded in. the deed book. The term conveyance 
 does not embrace a letter of attorney containing a 
 power to convey real estate, but such letter or pow- 
 
OF THE COUNTY CLERK. 483 
 
 er of attorney when acknowledged or proved, may- 
 be recorded in the book of miscellaneous records. 
 
 Miscellaneous records.] Certificates of the organi- 
 zation of religious societies, and other instruments 
 in writing, not in themselves a conveyance of real 
 estate, should be recorded in the book of miscel- 
 laneous records. 
 
 Homestead exemption.] The act of April 10th, 1850, 
 provides that every householder having a family, 
 may avail himself of its provisions by making a 
 written notice of his intention, and describing the 
 homestead to be exempt from execution, and sign- 
 ing and acknowledging the same and having it 
 recorded. Clerks are to provide separate books for 
 recording such notices and keep an index to the 
 same. 
 
 Record as to wife.] It often happens that a wife 
 who joins with her husband in a conveyance, does 
 not acknowledge such execution before it is left 
 for record, and the same sometimes occurs in oth- 
 er cases where there are several grantors; in such 
 cases the entry made at the bottom of the record 
 of such conveyance should state that it is no re- 
 cord as to A. or B., who has not acknowledged. 
 This seems necessary as the statute makes it a 
 misdemeanor for a clerk to record any conveyance 
 not duly acknowledged. 1 R. S. 762, 1st ed. 2 R. 
 S. 171, 4th ed. ' 
 
 Alphabetical indices.] The act of 1843 makes it the 
 duty of all clerks in counties where they had not 
 previously kept general numerical indices to the 
 books of record, to keep general alphabetical indi- 
 ces. He is to provide two sets of books which 
 
484 OF THE COUNTY CLERK. 
 
 should be about the size of the books of record, 
 ruled lengthwise. On*e should be lettered on the 
 back "Grantors to Grantees;" the other "Grantees 
 from Grantors." The books should be so divided as to 
 admit the entire alphabet, allowing to each letter 
 as much space as experiences teaches it would 
 need in proportion to the others. In the first 
 named book enter all grantors alphabetically, al- 
 lowing the first space for the number of the deed 
 book; in the second enter the grantor, and in the 
 third the grantee ; and if the lot conveyed or at 
 least the town where it is situated is entered in 
 the remaining space it will often be beneficial. 
 In the other book the grantees are entered alpha- 
 betically, and grantors in the next space. Indices 
 to the book of mortgages should be kept in the 
 same way, and add the word assignment, satisfaction, 
 or affidavit after the names to such instruments. 
 , The alphabetical index has advantages over the 
 numerical index in making searches. In those 
 counties where none but numerical indices are 
 used, it seems to be indispensable that every con- 
 veyance of land should name the number of the 
 lot conveyed. Many clerks keep both indices; 
 this very much facilitates the clerk's duty in 
 searching. 
 
 Searches.] A very difficult as well as an impor- 
 tant part of a clerk's duty is searching the records, and 
 tracing out the title to real estate and making ab- 
 stracts thereof. These are wanted by purchasers, 
 or by persons wishing to sell or mortgage land. 
 In most cases an examination for ten or fifteen 
 years is satisfactory ; but where banks, insurance 
 
OJ? THJS COUNTY CLERK. 485 
 
 companies and others wish to loan money upon 
 real estate security, the officers acting for such 
 companies under general instructions, require an 
 abstract extending back to an original conveyance 
 from the State, or from some known patentee whose 
 title is acknowledged good and indisputable. The 
 first thing necessary to ascertain is a chain of title. 
 In counties where none but numerical or lot in- 
 dices have been kept, it is frequently the case in 
 the vicinity of small villages and central parts of 
 country towns, that the large lots of the original 
 survey have been so divided and subdivided that 
 such indices form a very imperfect guide, as well 
 as very tedious to examine ; it then becomes ne- 
 cessary to examine the alphabetical list of gran- 
 tees to find who conveyed to the present owner. 
 This being found, enter in a brief manner upon a 
 sheet of paper, A. B. to C. D., entering their names, 
 always adding " and wife" if she is a party, war- 
 ranty deed, quit claim or other, as the case may be, 
 and the date and consideration, and a brief men- 
 tion of the premises conveyed with the quantity of 
 land ; always taking care to see that it includes 
 all embraced in the present owner's claims, then 
 add the time recorded, book and page. Proceed 
 in the same manner from grantee to grantor, keep- 
 ing like minutes of each deed until you find the 
 first conveyance from the State, or patentee, or the 
 first on record in the office, or extending back the 
 term of years you may be required to examine. 
 If a chain of title is thus found, it is then necessary 
 to examine for conveyances by deed and mort- 
 gage, (by careful examination of the books of in- 
 
486 OF THE COUNTY CLERK. 
 
 dices) commencing one day previous to the date 
 of the oldest patent or deed you have minuted, and 
 ascertain whether there is any other conveyance 
 from the grantee except the one you have minuted, 
 recorded previous to the day after that was record- 
 ed, as the first on record takes precedence. If 
 none is found take the name of the next grantee, 
 or if there are several, examine the indices as to 
 each from the day previous to the date, to the day 
 after the deed from him or them was recorded ; 
 continue in the same manner to the date of your 
 certificate or to the time required. 
 
 It often happens that mortgages given many 
 years since, and paid, remain undischarged upon 
 record, such must be added to your minutes ; also 
 if any releases or quit claim deeds are found from 
 persons having some interest in the premises, such 
 conveyances must be added to your memoran- 
 dum. Then number the conveyances you have 
 found, commencing with the earliest down to the 
 last, without regard to the time recorded, that the 
 chain of title may the more readily appear. It 
 frequently happens that in tracing a title back, the 
 land is found conveyed by a master in chancery. 
 The " notice of lis pendens" should then be found, 
 and if the suit was commenced to foreclose a 
 mbrtgage it will refer to the book and page. The 
 mortgage should then be entered upon your me- 
 morandum of conveyances, and the title of the 
 cause in chancery with date of the notice to fore- 
 close said mortgage and time of filing. The deed 
 from the master will be numbered after the lis 
 pendens. Having found the mortgagor, title must 
 
OF THE COUNTY CLEKK. 487 
 
 then be found in him. Title is also frequently de- 
 rived from a sheriff's deed, in which case the filing 
 of his certificate of sale should be entered previous 
 to stating his deed ; and upon examining his deed 
 it will frequently be found that the title of several 
 defendants was sold when one was the sole owner. 
 
 Examination must be made until the title is 
 found in one or more of them. In each case it is 
 necessary to ascertain whether there is more than 
 one grantee — whether the whole or only an undi- 
 vided part of the premises described is conveyed, 
 and whether there are any exceptions or condi- 
 tions not usual in deeds, and generally to see that 
 it is acknowledged by all the parties. 
 
 Where a conveyance is executed by an attorney 
 for the grantor, his power of attorney should be 
 named, which should be found in the book of mis- 
 cellaneous records. 
 
 Wills conveying or bequeathing real estate may 
 be recorded (with the surrogate's certificate and 
 seal.) They should be recorded in the book of 
 deeds. When found, a minute of the will should 
 be entered in the certificate of search, before enter- 
 ing a deed from the legatee. Heirs deriving title 
 from persons dying intestate, frequently convey 
 such estate without naming from whom they in- 
 herit or how they obtained title, consequently the 
 indices of grantees will show no title in them. If 
 by means of the lot, indices, or otherwise, title can 
 be found in the deceased person, those wishing to 
 show a perfect and valid chain of title must sup- 
 ply the deficiency by satisfactory affidavits. The 
 alphabetical indices of grantors should show the 
 
488 OF THE COUNTY CLERK. 
 
 name of every person whose real estate has been 
 conveyed, whether by himself personally, or by 
 sheriff or other officer, or executors or administra- 
 tors, or by heirs; then if all the conveyances are 
 upon record the entire chain of title can be ascer- 
 tained. 
 
 This done you are prepared to copy it — certify 
 that upon an examination of the records of con- 
 veyances by deed and mortgages in this office (by 
 means of the general indices to such records) I find 
 the following to wit : 
 
 "John Doe and wife n Warrantee deed, dated as 
 to vas in your memorandum and 
 
 Richard Roe. ) continued down as the con- 
 veyances have been found to the present owner." 
 Then add a certificate as follows : 
 
 "I further certify, that upon examination as 
 aforesaid, I find no conveyance by deed, lease or 
 mortgage (including mortgages to commissioners 
 of loans — in this case the alphabetical list of mort- 
 gages to commissioners should be examined) exe- 
 cuted by either of the above named grantors or 
 grantees recorded, (since any given day or prior 
 thereto--or in this office) affecting the premises 
 conveyed in No. above, except the several 
 conveyances hereinbefore named." 
 
 Also certify that there are no collectors' bonds 
 operating as a lien upon the premises, and no me- 
 chanics' liens upon it (by virtue of certificates filed 
 etc. for that purpose.) 
 
 Collectors' bonds create a lien for three years 
 upon real estate of the principal and surety, unless 
 sooner cancelled. Also certify that upon exami- 
 
OP THE COUNTY CLERK. 489 
 
 nation you find no notice of lis pendens or sheriff's 
 certificate filed in the office, (except No. , above) 
 effecting the premises. The docket of judgments 
 must then be examined for ten years last past, and 
 the certificate should show that there, is no judg- 
 ment or decree against the present owner of the 
 land, or against either who has owned it prior to 
 the day after his conveyance was dated, or for 
 greater safety, after it was acknowledged ox proved. 
 Judgments cease to be a lien on real estate after 
 they have been docketed ten years. 
 
 Searches needed upon the foreclosure of amort- 
 gage, only require an examination for incumbran- 
 ces since the date of the mortgage. 
 
 Examination should be made for all conveyan- 
 ces executed by the mortgagor of the mortgaged 
 premises, recorded after the recording of the mort- 
 gage ; also, if executed by any subsequent grantee 
 pf the mortgaged premises; also for judgments 
 against the mortgagor or his subsequent grantee 
 docketed subsequent to the time of the recording 
 of the mortgage. 
 
 Costs how to be inserted in judgment.] The clerk 
 will insert in the entry of judgment, on the appli- 
 cation of the prevailing party, upon two days' no- 
 tice to the other, the sum of the charges for costs, 
 and the necessary disbursements and fees of offi- 
 cers allowed by law, including the compensation 
 of referees, and the expense of printing the papers 
 upon any appeal. The disbursements must be 
 stated in detail and verified by affidavit, which 
 must be filed. Code, sec. 311. 
 
 "Duty of the clerk as to taxing costs.] No authority 
 
 62 
 
490 ' OP THE COUNTY CLERK. 
 
 is conferred on the clerk to adjust costs, except in 
 cases of final judgment, but the court may confer 
 such authority by a special reference to him. Mit- 
 chell v. Westervelt, 6 How. Pr. R. 268. Nellis v. De 
 Forrest, id. 413. The clerk should examine the 
 charges whether they be opposed or not, and 
 should strike out all disbursements and charges 
 which, in his judgment, have been unnecessarily- 
 incurred. 19 Wend. 113. Voorheti Code, 2d ed. 351. 
 
 Disbursements, how stated and verified.] Where there 
 are charges in the bill for the attendance of wit- 
 nesses, the affidavits should state the respective 
 names and places of abode and occupation of the 
 witnesses, the distance they respectively travelled, 
 the days they respectively actually attended, and 
 that each of them was, or was believed to be, a 
 material and necessary witness for the party on 
 whose behalf he was subpoenaed. 5 Bill, 595; 3 
 id. 457 ; 6 id. 376. 19 Wend. 82. 1 Code Rep. N. 
 S. 400. 5 Pr. R. 458. 
 
 If the adverse party show that a number of the 
 witnesses were not called at the trial, the party- 
 asking for the expenses of their attendance must 
 explain why they were not called, or the expenses 
 of their attendance should be disallowed. 6 Hill, 
 376. The clerk is not then at liberty longer to 
 follow the ordinary affidavit. Bowling v. Bush, 6 
 Pr. R. 410. 
 
 Charges for copies of papers cannot be taxed, 
 unless it be stated in the affidavit that such copies 
 were actually and necessarily made for use, or used, 
 and it -must appear that the disbursements were 
 necessary, and reasonable in amount. 2 R. S. 544. 
 
I 
 
 OF THE COUNTY CLERK. 491 
 
 Where postage or other disbursements are 
 charged in a bill of costs, each item of such dis- 
 bursements, and the occasion or circumstances of 
 the expenditure, should be particularly specified. 
 2 Paige, 459. And where papers are sent by ex- 
 press, instead of by mail, the amount of carriage 
 paid, not exceeding what would have been the 
 amount of postage, maybe allowed. Expenses of 
 serving subpoenas cannot be charged as a dis- 
 bursement. 10 Paige, 507. As to serving complaint, 
 4 Pr. R. 28. 2 Sand. S. C. R. 742. Voorhees' Code, 351, 
 2d ed. 
 
 For the costs and disbursements allowed by 
 law, the clerk is referred to the Code of Procedure, 
 sees. 303 to 322, and also Voorhees' valuable 
 edition of the Code, 337 to 360, 2d ed. 
 
 Fees.] The clerk is entitled to receive : 
 For recording conveyances of real estate and all 
 other instruments proper to be recorded, for each 
 
 folio, $0 10 
 
 (The term folio means one hundred words 
 counting each figure a word.) 2 R. S., 650, 
 1st ed. 
 
 For recording the certificate and the acknow- 
 ledgment of the satisfaction of a mort- 
 gage, for each folio, 10 
 
 For discharging a mortgage of record, 25 
 
 For making every official certificate, with- 
 out seal, 12^ 
 
 For receiving and filing every paper deposi- 
 ted with him, 03 
 
 For searching for such paper on request, for 
 each paper examined, • • • • 03 
 
492 OP THE COUNTY CXEKK. 
 
 For entering a minute of an assignment or 
 foreclosure of a mortgage under the re- 
 cord of such mortgage, $0 10 
 
 For searching the records in his office or the 
 records of mortgages deposited with him 
 hy the commissioner of loans, or the dock- 
 ets of judgments for each year, 05 
 
 (The clerk is entitled to receive for search- 
 ing and certifying the title of and incum- 
 brances upon real estate, ten cents for each 
 conveyance and incumbrance certified by 
 him, instead of the former fees allowed, pro- 
 vided that such fees in no case amount to 
 less than fifty cents nor more than five dol- 
 . lars.) Laws of 184:0, chap. 342. 2 R.S. 827, khed. 
 For entering in a book the bond of every 
 
 collector, 12^ 
 
 For searching for such bond, 06 
 
 For entering satisfaction of such bond, • • • • 12^ 
 For receiving and filing the papers of any 
 insolvent, or relating to the proceedings 
 against any absent, concealed, abscond- 
 ing or imprisoned debtor, in each case, 12\ 
 but such papers are not to be charged as 
 having been separately filed. 
 For searching for such papers, for each year, 06 
 For determining and certifying the surety 
 
 of any sheriff, 50 
 
 For every report upon the title of parties in 
 
 partition, • • ■ • • • 1 00 
 
 For every report respecting the incumbran- 
 ces upon the estate or interest of any party 
 in partition, made by order of court, • • • • 1 00 
 
OF THE COUNTY CLERK. 493 
 
 For investing the proceeds of the sale of any 
 estate under the proceedings in partition, 
 pursuant to order of court, one-half of one 
 per cent upon any sum not exceeding two 
 hundred dollars, and one-quarter of one 
 per cent on any excess. 
 
 For receiving the interest on such invest- 
 ments and paying over the same, one-half 
 of one per cent. 
 
 For his attendance in canvassing the votes 
 given at any election, - • • •- $2 00 
 
 For drawing all necessary certificates of the 
 the result of such canvass, for each folio, 18 
 
 For all necessary copies of the same, for each 
 folio, 09 
 
 For recording proceedings and certificates 
 of election, for each folio, 10 
 
 For making and transmitting certified co- 
 pies of the returns of the town superin- 
 tendents, for each folio, 06 
 
 For giving notice to the governor of per- 
 sons who have taken the oath of office, 
 for each name, 03 
 
 For giving such notice, when persons 
 have neglected to take the oath of office, 
 or when they have neglected to file or 
 renew any security required of them, and 
 in all cases of vacancy in office required 
 to he reported to the governor, for each 
 name, • 06 
 
 For notifying persons appointed to office, ■ • 25 
 
 (Incidental expenses in giving such no- 
 tice will he paid by the comptroller.) 
 
494 OF THE COUNTY CLERK. 
 
 For searching for any bail piece, $0 12£ 
 
 For recording every certificate of incorpo- 
 ration, authorized by law to be recorded, . 75 
 
 For entering in the minutes of a court a 
 license to keep a ferry, and for a copy 
 thereof, 1 00 
 
 For entering a recognisance from any per- 
 son authorized to keep a ferry, 75 
 
 For entering a satisfaction of a judgment 
 
 when actually done, 12£ 
 
 Laws of 1840, chap. 381. 2 R. S. 829, 4th ed. 
 
 Naturalization.] For all the services of the 
 clerk on the first application of an alien, 
 including his oath of intentions to be- 
 come a citizen, the record and certifi- 
 cate of the same, 25 
 
 For all the other services of the clerk upon 
 the completion of all the papers neces- 
 sary for naturalization, • • • • 50 
 
 Fees in civil actions.] For the services at the 
 trial of a cause, denominated by the 
 
 ' Code "trial fee," 1 00 
 
 For entering judgment, 50 
 
 For taking affidavits, each, 12£ 
 
 For copies of papers in an action, for each 
 
 folio, 05 
 
 For certifying the same, 25 
 
 For docketing judgment and filing trans- 
 cript from another county, 06 
 
 Other services.] For drawing grand and petit 
 jurors, • • 2 00 
 
 For notice to the sheriff and to the judge, 
 
 and to publish for each, 25 
 
OP THE COUNTY CLERK. 495 
 
 For swearing a jury in a criminal cause, • $0 19 
 For swearing witness in such cause, each, 06 
 For entering the sentence of a person con- 
 victed of crime, 12i 
 
 For a certified copy of same, 124 
 
 For swearing each witness in the court of 
 
 oyer and terminer or sessions, 06 
 
 For calling and swearing a jury in the 
 
 same courts, 19 
 
 For entering a recognizance, 12£ 
 
 For entering notice of lis pendens, 18 
 
 For filing and entering a chattel mort- 
 gage, 12 
 
 For searching for the same, 06 
 
 There are a variety of services required of the 
 clerk, the compensation for which is audited hy 
 the hoard of supervisors. Such compensation rest- 
 ing in the discretion of each hoard, it is deemed 
 impracticahle to give in this work any definite 
 amount as a proper remuneration for such ser- 
 vices. 
 
 They consist in the services of the clerk for 
 distributing school blanks, state reports, legislative 
 documents, session laws, examining town clerk's 
 returns and making lists of justices, making in- 
 dices to books, making abstract of the reports of 
 town superintendents, filing and arranging papers, 
 and a variety of other duties connected with the 
 office. 
 
 Naturalization.] It has been decided in a recent 
 case that it is the duty of the court and not the 
 clerk, to admit aliens to the rights of citizenship. 
 The power conferred upon the courts in that re- 
 
496 OF THE COUNTY TREASURER. 
 
 spect being judicial and not ministerial or clerical. 
 10 How. Pr. R. 246. Matter of Clark. 18 Barb. ,444. 
 
 CHAPTER XVIII. 
 
 OF THE COUNTY TREASURER. 
 
 The county treasurer is elected' at a general 
 election and holds his office for three years. He 
 enters on the duties of his office, except in the 
 county of Kings, on the first day of January next 
 after his election. Laws of 1849, chap. 360. 1 R. 
 S. 326, 4th ed. 
 
 Vacancies.] Vacancies are supplied by appoint- 
 ment by the board of supervisors. Treasurers so 
 appointed will enter on their duties at once, and 
 will hold their office until the first day of January 
 next succeeding the general election after their 
 appointment. Id. 
 
 Bond.] Before he enters on the duties of his 
 office, he must give a bond to the board of super- 
 visors of his county, with two or more sufficient 
 sureties, to be approved of by said board, and in 
 such sum as they may direct, which bond must 
 contain a condition that he will faithfully execute 
 the duties of his office, and pay according to law 
 all moneys which may come into his hands as 
 treasurer, and render a just and true account 
 thereof to the board of supervisors or to the comp- 
 troller, when required. His bond, with the ap- 
 probation of such bond endorsed thereon by their 
 clerk, must be filed in the office of the county 
 clerk. 
 
OP THE COUNTY TREASURER. 497 
 
 He must take the constitutional oath. (Appen- 
 dix, No. 1.) He has until the 15th day of Decem- 
 ber next after his election, to file his official bond 
 and take the oath. 1 J2. §. 685, 4th ed. Laws of 
 1850, chap. 346. The board fix the penalty of the 
 bond at their first annual meeting next after the 
 election of the treasurer. His bond may be ap- 
 proved by the county clerk and chairman of the 
 board of supervisors in the recess of the board ; 
 this applies, however, to those counties only where 
 the annual meeting of the board is held before the 
 general November election. Laws of 1850, chap. 
 364. 
 
 To receive and pay over moneys.] It is the duty of 
 the county treasurer to receive all moneys belong- 
 ing to the county, from whatsoever source derived, 
 and all moneys belonging to the State which by 
 law are directed to be paid to him, and to pay and 
 apply such moneys as the law requires. For re- 
 fusing to pay over moneys, without just cause, he 
 is liable to an action. Boyce v. Russel, 2 Cow. 444. 
 
 Accounts.] He must keep just and true accounts 
 of the receipts and expenditures of the moneys 
 which come to his hands by virtue of his office, 
 in books to be provided for that purpose at the ex- 
 pense of the county. 1 R. S. 685, 4th ed. 
 
 Account with comptroller.] On or before the first 
 day of March in each year, he must transmit to 
 the comptroller a statement of all moneys received 
 by him during the preceding year, for penalties 
 belonging to the people of this State ; and it is his 
 duty, at the same time, to pay to the treasurer of 
 this State the amount of such penalties, after de- 
 
 63 
 
498 OP THE COUNTY TREASURER. 
 
 ducting his compensation, in the same manner as 
 state taxes are directed to be paid. 
 
 Accounts to supervisors.] At the annual meeting of 
 the hoard of supervisors, or at such other time as 
 they may direct, he must exhibit to them all his 
 books and accounts, and all vouchers relating to 
 the same to be audited and allowed. 
 
 Books $-c. to be delivered, and moneys paid to successor.] 
 Upon his death, resignation or removal from office, 
 all books and papers belonging to his office, and 
 all moneys in his hands by virtue of his office, 
 must be delivered to his successor in office, upon 
 oath, or in case of his death, upon the oath of his 
 executors or administrators. 
 
 Penalty for neglect.] If the treasurer, or in case of 
 his death, if his executors or administrators refuse 
 or neglect to deliver such books, papers and moneys 
 upon oath, when lawfully demanded, every such 
 person will forfeit for the use of the county the 
 sum of twelve hundred dollars. 
 
 Commission.] He is entitled to retain a commis- 
 sion of one per cent on every dollar which he re- 
 ceives and pays : one-half of such commission for 
 receiving and the other half for paying. He is 
 chargeable with interest on all sums in his hands 
 which he omits to account for at the annual meet- 
 ing of the supervisors of his county. He is not 
 entitled to a commission on moneys not received 
 by him, for instance, bad taxes, and taxes levied on 
 lands of non-residents, returned to the comptroller's 
 office. Supervisors of Chenango v. Birdsall, 4 Wend. 
 453. It is competent for the board of supervisors 
 to fix his compensation at a less sum than one- 
 
OF, THE OOUNTT TREASURER. 499 
 
 half of one per cent. His compensation may not 
 in any year exceed the sum of five hundred dol- 
 lars. Laws o/1846, chap. 169. 1 R. S. 686, Ath ed. 
 It seems that the act passed in 1843, providing for 
 the compensation of the treasurer in the county of 
 Oswego, was superseded by the act of 1846 above 
 cited. See note to 1 R. S. 686, Ath ed. The act of 
 1846, regulating the compensation of the county 
 treasurer, does nbt apply to the county of New- 
 York, Albany or Kings. 
 
 Kings.] In the county of Kings the treasurer en- 
 ters on his duties on the first Tuesday in August 
 next succeeding his election. His salary may not 
 exceed one thousand dollars. Lawsof '1848, chap. 180. 
 
 Monroe county.'] In Monroe county his compensa- 
 tion is left to the discretion of the board of super- 
 visors. Laws of 1849, chap. 162." 
 
 Erie.] For the law regulating his compensation 
 in Erie county, see Laws of 1850, chap. 106. 
 
 When his bond may be sued.] When the board of 
 supervisors have knowledge that the condition of 
 the county treasurer's bond has become forfeited, 
 and when required by the comptroller, they must 
 cause an action to be commenced on such bond. 
 1 R. S. 686, 4th ed. 
 
 To receive moneys from the district attorney.] Ditrict 
 attorneys are required on or before the first Tues- 
 day of October in each year, to file with the coun- 
 ty treasurer an account under oath of all moneys 
 received by them as district attorneys during the 
 preceding year, and at the same time pay over 
 such moneys to such treasurer ; and should they 
 neglect or refuse, it becomes the duty of the coun- 
 
500 OF THE COUNTY TREASURER. 
 
 ty treasurer to cause a suit to be instituted for the 
 recovery of such moneys for the benefit of the 
 county. 1 R. S. 701, 4th ed. 
 
 To charge collector.] The county treasurer having 
 received from the boards of supervisors the ac- 
 counts of moneys which the several collectors are 
 required to collect, and the list of the names of 
 the several collectors, will open an account with 
 each collector, charging him with the amount he 
 is directed to collect. 1 R. S. 722, 4th ed. 
 
 For proceedings when the collector neglects to 
 pay over moneys, the county treasurer is referred 
 to pages 162, 163 and 164 of this work. 
 
 The duties of the county treasurer have been 
 very materially changed by the legislation of 1855 
 respecting taxes upon lands of non-residents. He 
 is referred to the act, which is published in full in 
 this work, immediately preceding the forms, for his 
 duties under that law. ' 
 
 In 1846 an act was passed entitled "An act to 
 equalize taxation." Laws of that year, page 466. It 
 had reference more particularly to the taxation of 
 rents. 
 
 Duty of county treasurer under act of 1846.J When 
 it appears by the return of a collector to the coun- 
 ty treasurer that any tax imposed under the pro- 
 visions of the act of 1846 remains unpaid, such 
 county treasurer is required to issue his warrant 
 to the sheriff of such county where any real or per- 
 sonal estate of the person upon whom such tax is 
 imposed may be found, commanding him to make 
 of the goods and chattels and real estate of such 
 person, the amount of such tax, together with one 
 
OV THE COUNTY TREASURER. 501 
 
 dollar for the expense of issuing such warrant, and 
 to return the 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 specified, not less than sixty days from the 
 date of such warrant. 
 
 . Provision in case of warrant being returned unsatisfied.] 
 If such warrant be returned unsatisfied in whole 
 or in part, the county treasurer, under the direct 
 tion of the board of supervisors of his county, may 
 file a bill in his name of office in the supreme 
 court, whatever may be the amount so remaining 
 unsatisfied against the person against whom such 
 warrant was issued and any other person having 
 possession of his property, for the discovery and 
 sequestration of such property ; and on the filing 
 of such bill, the court will order such part of the 
 property of the person upon whom the tax speci- 
 fied in the warrant was imposed, as shall be ne- 
 cessary for the purpose of satisfying the taxes in 
 arrear with the cost of prosecution, to be seques- 
 tered, and may order and direct such other pro- 
 ceedings as may be necessary to compel the pay- 
 ment of such tax and costs. Laws of 1846, page 
 466. 
 
 Debts owing for the purchase of real estate, faxablel] 
 Debts owing by inhabitants of this state to persons 
 not residing within the United States, for the pur- 
 chase of real estate, are deemed personal property 
 within the town or county where the debtor re- 
 side^ and as such are liable to taxation in the 
 same manner and to the same extent as the per- 
 sonal property of citizens of this State. 
 
502 OF THE COUNTY TREASURER. 
 
 Agents of non-resident creditors to report to county 
 treasurer.] Agents residing in this State of any non- 
 resident creditor having debts owing to him of the 
 description mentioned above, are required, on or 
 before the twenty-fifth day of July in each year, 
 to furnish to the county treasurer of each county 
 where such debtor resides, a true and accurate 
 account of debts of the description mentioned 
 above, which were owing on the first day of Jan- 
 uary preceding, to the principal of such agent, in 
 each town in their county, which must be veri- 
 fied by the oath of such agent taken before any 
 officer authorized to administer oaths. 
 
 Penalty for not making report.] Any such agent who 
 refuses or neglects without good and sufficient 
 cause to furnish such list, forfeits the sum of five 
 hundred dollars to the use of each county in which 
 such debtor resides, to be sued for by the treasu- 
 rer of such county in his name of office, and 
 to be recovered upon proof that the principal of 
 such agent had debts owing to him by inhabitants 
 of such county, of the description above men- 
 tioned, and that the existence of such debts was 
 known to such agent. 
 
 Abstract to be sent to assessors.] The county treas- 
 urer on receiving such statements, must immedi- 
 ately make out and transmit to the assessors of the 
 several towns of his county, in which any such 
 debtor resides, an abstract or copy of so much of 
 such statement as relates to the town of such as- 
 sessors, with the name of such creditor. 
 
 Unpaid taxes hoxo collected.] When it appears that 
 any tax imposed on a debt owing to a person not 
 
OF THE COUNTY TREASURER. 503 
 
 residing in the United States, remains unpaid, the 
 county treasurer is required after the expiration of 
 twenty days from the return of such collector, to 
 issue his warrant to the sheriff of any county in 
 this state, where any debtor of such non-resident 
 creditor may reside, commanding him to make 
 of the goods and chattels and . real estate of such 
 non-resident the -amount of such tax, to be spe- 
 cified in a schedule annexed to the said war- 
 rant, together with his fees, and the sum of one 
 dollar for th.e expense of issuing such warrant, and 
 to return the said warrant to the treasurer issuing 
 the same, and to pay over to him the money which 
 shall be collected by virtue thereof, except the 
 said sheriff's fees, by a certain day therein to be 
 specified, within sixty days from the date of such 
 warrant. 
 
 Warrants, how made out,] The taxes upon the several 
 debts owing to the non-resident, must be included 
 in one warrant, and the taxes upon several debts 
 owing to different non-residents may be included 
 in the same warrant; and where several non-resi- 
 dents are included in the same warrant, the sheriff 
 will be directed to levy the sums specified in the 
 schedule thereto annexed, upon the personal and 
 real property of the non-residents respectively, op- 
 posite to whose names, respectively, such sums 
 shall be written, together with the sum of fifty 
 cents upon -each non-resident, for the expense of. 
 such warrant. 
 
 Proceedings when warrant returned unsatisfied.] If any 
 such warrant should be returned unsatisfied in 
 whole or in part, the county treasurer, or in the 
 
504 OP THE COUNTY TREASURER. 
 
 city and county of New- York, the comptroller 
 therein, under the direction of the board of super- 
 visors, may obtain an order from a judge of the 
 supreme court, or a county judge of the county 
 to which said warrant was issued, requiring such 
 non-resident, or any person having property of 
 such non-resident, or indebted to him, to appear 
 and answer concerning the property of such non- 
 resident, and the same remedies and proceedings 
 may be had in the name of the county treasurer 
 or comptroller, before the officer granting such 
 order, and with the like effect as are provided by 
 the statute in case of a judgment debtor after the 
 return of an execution against him unsatisfied in 
 whole or in part. 
 
 Expenses of treasurers and assessors, how paid.] The 
 expenses of the county treasurers, and such com- 
 pensation as their boards of supervisors may allow 
 them for their services in this respect, are county 
 charges ; and the expenses and charges for the 
 services of assessors in this respect, are town 
 charges, and must be audited and paid as such. 
 Laws of 1851, page 721. 1 R. S. 749, 4th ed. 
 
 To notify comptroller of the non-payment of taxes by 
 corporations.] Upon receiving from the collector the 
 affidavit required to be made by him in respect to 
 the non-payment of taxes by incorporated compa- 
 nies, the county treasurer must certify the facts to 
 the comptroller. He gives such treasurer credit 
 for the amount so returned and certified, the same 
 as in the case of taxes on the lands of non-resi- 
 dents. 1 R. S. 754, 4th ed. 
 
 To distribute forms.] When furnished with blank 
 
OP THE COUNTY TREASURER. 505 
 
 forms for the use of assessors, he must attend to 
 the distribution of the same, by depositing such 
 forms in each town clerk's office in the county, , 
 and in the cities by causing them to be delivered 
 to the assessors personally. 1 JR. S. 765, 4th ed. 
 
 School moneys.] Each county treasurer, on the 
 first day of February in each year, is entitled to 
 receive, by making application, the portions of 
 school money apportioned to his county. It is his 
 duty to apply for such money as soon as the same 
 is payable.^ 1 R. S. 879, 4th ed. 
 
 To give notice of amount apportioned.] Upon receiv- 
 ing the money he is required immediately to give 
 notice to each town superintendent in his county, 
 of the amount apportioned to each town or city, 
 and will hold the same subject to the order of the 
 town superintendents. Id. 
 
 Moneys not applied for, how disposed of.] Should a 
 town superintendent neglect to apply for the mo- 
 ney, he will retain the same, to be added to the 
 moneys next received for distribution. Id. 
 
 Annual tax for school purposes.] The sum of eight 
 hundred thousand dollars is collected annually in 
 this State, and is paid over to the respective 
 county treasurers, subject to the order of the su- 
 perintendents of public instruction, for the use of 
 common schools. Laws of 1851, chap. 151. 1 R. 
 S. 880, 4th ed. 
 
 The mode of disposing of the money thus raised 
 is mentioned in the chapter on the duties of 
 town superintendents. 
 
 Penalties under the poor laws.] Penalties collected 
 for a violation of chapter 20, part 1, title 1, of the 
 64 
 
506 OP THE COUNTY TREASURER. 
 
 revised statutes, relating to the relief and main- 
 tenance of the poor, must be paid to the county- 
 treasurer. He must credit the same to the town 
 by whose officers such penalties have been collect- 
 ed, if the town be liable to the support of its own 
 poor, or to the county, when collected by the coun- 
 ty superintendents. Persons collecting such pen- 
 alties and omitting to pay them over when de- 
 manded, are liable to an action, which. may be 
 maintained by the county treasurer in his name 
 of office. 2 R. S. 23, 4th ed. 1 R. S. 620, 1st ed. 
 For the further duties of the county treasurer un- 
 der the poor laws, see Chapter VII, 
 
 Funds transferred from the clerk of the court of appeals 
 to him,.] In 1848, an act was passed transferring all 
 the funds and securities then held by the clerk of 
 the court of appeals, by virtue of his office, to the 
 several county treasurers, and the chamberlain of 
 the city of New- York, each of whom became vest- 
 ed with the title of such portion of the same as 
 were delivered to him. By that act also, certain 
 funds and securities held by the New- York Life In- 
 surance and Trust Company, were also transferred 
 to those officers. They have authority to sue for 
 and collect the same in their names of office re- 
 spectively, in the same manner and to the same 
 effect as the clerk of the court of appeals could do ; 
 and all the provisions of law conferring any power 
 or authority over such securities upon such clerk, 
 or directing the manner of receiving, safe keeping 
 depositing, investing or paying out the moneys 
 arising from such securities, or now in deposit in 
 any bank, arising therefrom, and in regard to the 
 
OF THE COUNTY TREASURER. 507 
 
 investment, safe keeping or transfer of any stock, 
 moneys or securities brought into court, are deem- 
 ed to apply to such county treasurer, and to the 
 chamberlain of the city of New- York respectively ; 
 and also all the provisi6ns of the Revised Statutes 
 prescribing the fees of the register and assistant 
 register of the court of chancery, for the services 
 rendered by them in respect to such securities or 
 moneys, likewise apply to such county treasurer 
 and chamberlain of the city of New- York, respect- 
 ively. Laws of 1848, page 406. The county treas- 
 urers are entitled to receive for their services in 
 regard to the funds transferred to them from the 
 clerk of the court of appeals, one half of one per 
 cent, on every dollar of such funds which they may 
 pay out. Laws of 1849, chap. 357. 2 R. S. 373, 
 4th ed. 
 
 Moneys deposited by order of court.] The county 
 treasurer is required at each annual session of the 
 board of supervisors in his county, to report a state- 
 ment of all the bonds and mortgages and other se- 
 curities and moneys received and held by him un- 
 der the provision of the act above mentioned. He 
 must state the amount of such securities respect- 
 ively, that is to say, the amount in each case or 
 proceeding, instead of the aggregate amount of all, 
 and the names of the persons interested therein. 
 Upon the coming in of such statements, the board 
 may increase the amount of his bail if they deem 
 it proper so to do. Laws of 1848, chap. 277. 2 R. 
 S. 372, 4th ed: 
 
 Powers as public administrators.] The county treasurer 
 in each of the counties of this state, bv virtue of 
 
508 OF THE COUNTY TREASURER. 
 
 his office, has authority to collect and take charge 
 of the assets of every person dying intestate, where 
 such assets amount to one hundred dollars or more, 
 either in his county or out of it, upon which no 
 letters of administration have been granted, in the 
 following cases: 
 
 1. Whenever such person dies, leaving assets 
 in the county of such treasurer, and there is no 
 widow or relative in the county entitled or com- 
 petent to take letters of administration on such es- 
 tate. 
 
 2. Whenever assets of any person so dying in- 
 testate, shall, after his death, come into the coun- 
 ty of such treasurer, and there shall be no person 
 entitled or competent as above mentioned to take 
 administration of such estate. 
 
 This does not apply to the county of Richmond. 
 In the above cases, intestacy will be presumed 
 until a will is proved and letters testamentary is- 
 sued thereon. 
 
 For the purpose of collecting and preserving such 
 assets, he may maintain suits in his name of office 
 and without any other authority, in the same man- 
 ner as any executor may by law. 
 
 In certain cases to secure effects.] Although there may 
 be a widow or relative of any such intestate enti- 
 tled to administration on his estate, in the county, 
 yet, if due proof be made to the surrogate of the 
 county that there are creditors or relatives of the 
 deceased, residing more than one hundred miles 
 distant from the residence of such surrogate, who 
 are interested in the distribution of the estate, and 
 that the effects of the deceased are in danger of 
 
Or THE COUNTY TREASURER. 509 
 
 waste or embezzlement, he may grant an order to 
 the treasurer of the county, authorizing him to 
 seize and secure such effects, or any part thereof; 
 which order will vest in him all the powers men- 
 tioned above. 
 
 Concealed effects.] If any of the effects whereof 
 the county treasurer is authorised to take charge 
 are concealed or withheld, he is entitled to the 
 same process from the surrogate, or county judge 
 of the county, to discover and seize the same, on 
 the same evidence and on like terms, as the pub- 
 lic administrator in the city of New- York. 2 R. 
 S. 130, Is* ed.; p. 311, 4th ed. Laws of 1847, chap. 
 280. 
 
 , Perishable property.] Any property that may be in 
 a perishing condition, taken into the charge of such 
 treasurer, may be sold by him at auction, on ob- 
 taining an order for that purpose from the surro- 
 gate of the county, which will be granted on due 
 proof of the facts, and will specify the time and 
 manner and the notice of such sale. 
 
 Property to be appraised.] Upon taking charge' of 
 the property of any intestate, the county treasurer 
 rnust cause the same to be appraised by two disin- 
 terested appraisers, to be appointed by the surro- 
 gate as in other cases. 
 
 Proceedings.] The appraisers make a true inven- 
 tory of the property, and of the true value of each 
 article, duplicates of which they subscribe. 
 
 Inventory.] Within ten days after taking charge 
 of any property, as above mentioned, the county 
 treasurer must return an inventory thereof, signed 
 
OF THE COUNTY TREASURER. 
 
 and verified by the appraisers, to the surrogate of 
 the county, to be by him filed ; and must accom- 
 pany the same with his affidavit that the same 
 contains a true and just account of all the effects 
 of the deceased which have come to his hands or 
 knowledge. 
 
 Penalty for neglect to return.] The time for making 
 such return, may, on good cause shown, be ex- 
 tended by the surrogate ten days longer. Any 
 county treasurer who neglects to make such re- 
 turn within the time above prescribed, or within 
 the time so extended, of all the effects of any de- 
 ceased person which have come to his hands, for- * 
 feits five hundred dollars, to be sued for and re- 
 covered by the county superintendents of the poor 
 for the use of the poor, and forfeits his office. 2 
 R. S. 312, 4th ed. 
 
 Bond, §-c] At the time of making such return, 
 the county treasurer must give the bond required 
 by law to be given by any collector of an estate, 
 appointed by a surrogate, with such sureties and 
 in such penalty as the surrogate may approve. - 
 The surrogate thereupon issues letters to the trea- 
 surer, authorising him to collect and preserve the 
 estate of the deceased. Id. Upon letters testa- 
 mentary or of administration being issued to any 
 person claiming them, all control and authority of 
 the county treasurer over the estate of the de- 
 ceased ceases, and he must deliver all the assets 
 in his hands, belonging to such estate, to the per- 
 son so appointed, after deducting the expenses in- 
 curred in securing and preserving the assets, in 
 
Of THE COUNTY TREASURER. 511 
 
 obtaining letters to collect, and in publishing the 
 notice above required, and a reasonable compen- 
 sation for his services, not exceeding three dol- 
 lars for each day necessarily employed, to be 
 allowed and taxed by the surrogate, on oatLof the 
 collector. 
 
 Bound to accept them.] It is the duty of the coun- 
 ty treasurer to receive and accept such letters of 
 administration, and to give the bond required. Id. 
 
 Evidence of his authority.] Such letters of adminis- ' 
 tration and the record thereof, and a transcript of 
 such record, duly certified, is conclusive evidence 
 of the authority of the county treasurer in all cases 
 in which the surrogate has jurisdiction. Id. 
 
 Power of county treasurer before letters.] Until letters 
 of administration are granted as aforesaid, the 
 . county treasurer will not proceed further in the 
 administration of any estate, than to pay the fu- 
 neral charges of the deceased, to collect debts, to 
 take possession of and secure his effects, to sell 
 such thereof as may be perishable, and to defray 
 the expenses of the proceedings required by law. 
 
 Authority how superseded.] The powers and au- 
 thority of the county treasurer in relation to the 
 estate of any deceased person, will be, superseded: 
 
 1st. By the production of any letters testamen- 
 tary that may have been granted before, or that 
 may be granted subsequent to his becoming vested 
 with the authority of an administrator, upon the 
 same estate. 
 
 2d. By the production of any letter of adminis- 
 tration that shall have been granted to any other 
 person, upon the same estate, before the said coun- 
 
512 OP THE COUNTY TREASURER. 
 
 ty treasurer became vested with the powers of an 
 administrator thereon. 
 
 3d. By the production of any letters of adminis- 
 tration issued by the surrogate of any county in 
 this state, of which the deceased was a resident at 
 the time of his death, granted after the county 
 treasurer may have become vested with the. pow- 
 ers of an administrator upon the estate of such de- 
 ceased. 
 
 Effect thereof. .] On his authority being superseded, 
 he must deliver over to the executor or adminis- 
 trator so producing such letters, all the assets of 
 the deceased in his hands, after deducting there- 
 from the allowance for his services, and the ex- 
 penses incurred, to be taxed and allowed by the 
 surrogate. All acts done by such county treasurer 
 in good faith, previous to such notice, will be valid; 
 and all suits commenced by him may be continued 
 by and in the name of the executor or administra- 
 tor who may succeed him in the administration 
 of the estate, In relation to which such suit may 
 be brought. 
 
 Powers as administrators. \ Upon receiving letters 
 of administration, the county treasurer is vested 
 with all the powers and rights of other adminis- 
 trators, and will be subject to the same duties and 
 obligations, except as herein otherwise mentioned. 
 Id. 
 
 Account to comptroller.] The county treasurer of 
 every county must exhibit to the comptroller of 
 the State, at the time of rendering his account of 
 taxes, in each year, a statement, on oath, of all the 
 moneys received by him for commissions, services 
 
OF THE COUNTY TREASURER. 513 
 
 and expenses, and of the total amount of his re- 
 ceipts and expenditures in each case in which he 
 has taken charge of and collected any effects, or 
 in which he has administered on any estate, dur- 
 ing the preceding year; with the name of the de- 
 ceased, in addition, the place of his residence at 
 the time of his death, if the same be known, and 
 the place from which he came, if he was not a 
 resident of this State at the time of his death. Id. 
 
 To publish statement, penalty for neglect.'] The county 
 treasurer must cause a copy of every statement 
 made by him, to be published for three weeks, 
 once in each week, in a newspaper printed in his 
 county, and in the state paper ; the expense of 
 which must be retained by him out of any balance 
 in his hands payable into the state treasury. For 
 a neglect to comply, with this provision, he forfeits 
 one hundred dollars, to be recovered by the attor- 
 ney general, for the use of the people of this State. 
 The comptroller must give notice to the attorney 
 general of every such omission. 
 
 When responsible for money stolen.] It was decided 
 in the case of The Supervisors of Albany v. Dow, 7 
 Hill, 583, that where moneys received by a county 
 treasurer were feloniously stolen from his office be- 
 fore he was requested to pay out the same, with- 
 out any fault or negligence on his part, that no ac- 
 tion would lie on his official bond. The members 
 of the court of errors were equally divided upon 
 the question, and hence the judgment of the su- 
 preme court was affirmed ; but such decision it is 
 believed would have no binding force as a prece- 
 dent. See note of Mr. Hill, same case. 
 65 
 
514 OP THE COUNTY TREASURER. 
 
 The case of Muzzy v. Shattuck seems to settle 
 the law the other way. 1 Denio, 233. Mr. Hill re- 
 marks " that the case of Muzzy v. Shattuck, which 
 holds that such an officer would be responsible al- 
 though the moneys were fel&niously stolen from 
 him without any fraud or fault on his part, was 
 reviewed by the court of errors and unanimously 
 affirmed." 
 
 May refuse to pay claims under certain circumstances.] 
 Should the board of supervisors audit and allow a 
 claim over which they have no jurisdiction, and 
 should that fact appear upon the face of the claim 
 presented to the county treasurer for payment, it 
 seems that he has a right to withhold payment. 
 The People v. Lawrance, 6 Hill, 244. 
 
 The proper remedy of a party against such trea- 
 surer who neglects to pay claims audited and al- 
 lowed by the board of supervisors, is by action, and 
 not by mandamus. 2 Hill, 45. 6 Hill, 244. 
 
 The county treasurer, having received any goods 
 or valuable thing found upon persons on whom 
 inquests are held, from the hands of a coroner, as 
 mentioned in Chapter XIX, is required to convert, 
 the same into money as soon as practicable, arid 
 place the same to the credit of the county of 
 which he is treasurer. And if the same is de- 
 manded within six years by the legal representa- 
 tives of the person on whom the same was found, 
 he will, after deducting the expenses incurred by 
 the coroner, and all other expenses of the county 
 in relation to the same matter, pay the balance to 
 such legal representative. 2 R. S. 926, \th ed. 
 
or couoners. 615 
 
 CHAPTER XIX. 
 
 OF CORONERS. 
 
 How chosen.] Coroners are chosen by the electors 
 of the several counties once every three years, and 
 as often as vacancies may happen. Each county, 
 except New-York, is entitled, to four coroners. 1 
 R. S. 319, 4th ed. 
 
 Oath.] Before he enters on the duties of bis 
 office, and within fifteen days after notice of his 
 election, he must take the constitutional oath, and 
 file the same in the county clerk's office. (Form, 
 Appendix, No. 1.) 1 R. S. 120, 1st ed. ; page 331, 
 4th ed. 
 
 Residence.] He must reside within the county for 
 which he was elected. 
 
 Resignation.] Should he desire to resign his office, 
 his resignation must be made to the governor. 1 
 R. S. 332, 4th ed. 
 
 Not to act as an attorney.] He is prohibited by 
 statute from practicing as a counsellor, solicitor, 
 or attorney, in any court of law or equity, while 
 holding his office. 1 R. S. 109, 1st ed. ; 321, 4th 
 ed. 
 
 May be removed by, the governor.] Coroners may be 
 removed from office by the governor. They are 
 entitled to a copy of the charges against them, 
 and have the right of being heard in their defence. 
 1 R. S. 334, 4th ed. 
 
 When coroners are to do the duties of sheriff.] It is 
 provided by the revised statutes, see volume 1, 
 373, second edition, as follows: 
 
 " § 78. Whenever a vacancy shall occur in the 
 
516 01' C0E0NERS. 
 
 M 
 
 office of sheriff of any county, and there shall be 
 no under sheriff of such county then in office, or 
 the office of such under sheriff shall become va- 
 cant, or he become incapable of executing the 
 same before another sheriff of the same county 
 shall be elected or appointed, and qualified, and * 
 there shall be more than one coroner of such coun- 
 ty then in office, it shall be the duty of the first 
 judge of the county, forthwith to designate one of 
 such coroners to execute the office of sheriff of the 
 same county, until a sheriff thereof shall be elect- 
 ed or appointed and qualified. Such designation 
 shall be by instrument in writing, and shall be 
 signed by the judge, and filed in the office of the 
 clerk of the county, who shall immediately give 
 notice thereof to the coroner." 
 
 Ms duty and powers.] "§79. The coroner so desig- 
 nated within six days after receiving such notice, 
 shall execute with sureties a joint and several bond 
 to the people of this State, which shall be in 
 the same amount and with the same number of 
 sureties, and be approved of in the same manner, 
 and be subject in all respects to the same regula- 
 tions as the security required by law from the 
 sheriff of such county. And after the execution 
 of such bond, the coroner so designated shall exe- 
 cute the office of sheriff of the same county until 
 a sheriff shall be duly elected or appointed, and 
 qualified." 
 
 When second or other designations to be made.] 
 " § 80. If the coroner so designated shall not with- 
 in the time above specified, give such security as 
 is above required, it shall be the duty of the county 
 
OJP CORONERS. 517 
 
 ft 
 
 judge to designate in like manner another coroner 
 of the county, to assume the office of sheriff; and 
 in case it shall be necessary so to do, the county 
 judge shall proceed to make successive designa- 
 tions until all the coroners of the county shall 
 'have been designated to assume such office. And 
 all the provisions contained in the two last sec- 
 tions shall apply to every such designation, and to 
 the coroner named therein. 
 
 Where but one .coroner, his duty and powers.] 
 "§81. Whenever any such vacancies shall occur 
 in the offices, both of sheriff and under sheriff of any 
 county, if there shall be, but one coroner of such 
 county then in office, such coroner shall be enti- 
 tled to execute the office of sheriff of the same 
 county, until a sheriff shall be duly elected or ap- 
 pointed, and qualified ; but before he enters upon 
 the duties of such office, and within ten days after 
 the happening of the vacancy in the office of the 
 under sheriff, he shall execute with sureties, a 
 joint and several bond to the people of this State, 
 in the same amount, and with the same number 
 of sureties as may be required by law from the 
 sheriff of such county, and such bond shall be sub- 
 ject in all respects to the same regulations as the 
 security required from the sheriff. 
 
 When judge to appoint.] "§82. If such" coroner 
 solely in office on the happening of such vacan- 
 cies, shall neglect or refuse to execute such bond 
 within the time above, specified, or if all the coro- 
 ners where there are more than one in office on 
 the happening of such vacancies, shall successive- 
 ly neglect or refuse to execute such bond within 
 
518 OF CORONERS. 
 
 * 
 
 the time required, it shall he the duty of the coun- 
 ty judge of the county in which such vacancies 
 shall exist, to appoint some suitable person to exe- 
 cute the office of sheriff of the same county until 
 a sheriff shall be duly elected or appointed and 
 qualified." 
 
 " § 83. Such appointment shall be in writing 
 under the hand and seal of the county judge, and 
 shall be filed in the office of the county clerk who 
 shall forthwith give notice thereof to the person so 
 appointed." 
 
 Duty and power of person appointed.] " § 84. The 
 person so appointed shall within six days after re- 
 ceiving notice of his appointment, and before he 
 enters on the duties of the office, give such securi- 
 ty as may be required by law of the sheriff of such 
 county, and subject to the same regulations; and 
 after such security shall have been duly given, 
 such person shall execute the office of sheriff of 
 the county until a sheriff shall be duly elected or 
 appointed, and qualified." 
 
 . " § 85. Until some coroner designated, or some 
 person appointed by the county judge shall have 
 executed the security above prescribed, or until a 
 sheriff of the county shall have been duly elected 
 or appointed and qualified, the coroner or coroners 
 of the county in which- such vacancies shall 
 exist, shall execute the office of sheriff of the same 
 county." 
 
 General provisions.] " § 86. Whenever any under 
 sheriff, coroner, coroners or other person shall exe- 
 cute the office of sheriff pursuant to either of the 
 eight last sections, the person so executing such 
 
OP CORONERS. 519 
 
 office, Shall be subject to all the duties, liabilities 
 and penalties imposed by law upon a sheriff duly 
 elected and qualified. 
 
 Wrecks.] The coroner has the same power in re- 
 gard to the preservation of wrecks and wrecked 
 property, as is conferred on sheriffs and wreck- 
 masters. When, wrecked property is found, and 
 no owner or other person entitled to the possession 
 of such property appears, it becomes the duty of 
 the coroner to pursue all proper measures for 
 securing and saving such property, to take posses- 
 sion of the same in whose hands soever the same 
 may be, in the name of the people, to cause it to 
 be appraised by indifferent persons, and to keep 
 the same safely to answer the claims of the lawful 
 owner or possessor. 1 R. S. 691, 1st ed. 2 R. S. 
 100,. 4th ed. 
 
 If he finds the property in a perishable state so 
 as to render the sale expedient, he must apply to 
 the county judge of the county, by a petition sup- 
 ported by an affidavit of the facts, for an order au- 
 thorizing such sale, which will be granted if a 
 proper case is made out. Persons finding wreck- 
 ed property, must deliver it to a sheriff, coroner or 
 wreck-master, within twenty-four hours, or they 
 will forfeit treble the value of the goods, and be 
 deemed guilty of a misdemeanor. 
 
 Sale, proceeds how disposed of.] The order being 
 granted, the coroner will sell the property at pub- 
 lic auction, in the manner and at the time direct- 
 ed in the order, and the proceeds after deducting 
 the expenses, Which are to be adjusted and allow- 
 ed by the county judge making the order, must 
 
520 OF CORONERS. 
 
 be paid to the treasurer of the county where the 
 property was found. 2 R. S. 100, 4th ed. 
 
 What will be deemed wrecks.] A wreck is defined to 
 be such goods, as after a shipwreck, are cast upon 
 the land, by the sea, and left there, within some 
 county, so as not to belong to the jurisdiction of 
 the admiralty, but to the common law. Bouviefs 
 Law Die. Title, wreck. Baker v. Hoag, 7 Barb. 115, 
 overruling 3 Barb. 203. The proceedings in regard 
 to wrecks are fully pointed out in the Revised 
 Statutes, vol. 1, 690, 1st ed. ; vol. 2, page.100, 4th ed. 
 
 Actions against.] Actions against a coroner upon 
 any liability incurred by the doing of an act in his 
 official capacity, and in virtue of his office, or by 
 the omission of an official duty including the non- 
 payment of money collected on execution, must 
 be brought within three years. Actions for an es- 
 cape must be brought within one year. Elliott v. 
 Cronk, 13 Wend. 35. Shepard v. Hoyt, 7 Hill, 198. 2 
 R. S. 497, 4th ed. Morris y. Van Vorst, 19 Wend. 283. 
 
 Process against sheriff to be executed by coroners.] 
 When the sheriff of a county is a party in a suit, 
 all process in such suit, except when otherwise 
 provided by law, must be, executed by the coroner 
 of the county to whom the same shall be deliver- 
 ed, in the same manner in all respects, subject to 
 the same obligations and liabilities, and with the 
 like authority, and entitled to the same privileges 
 as are prescribed by law in respect to sheriffs, ex- 
 cept in cases otherwise specially provided for. 
 
 One coroner may act.] When process is directed to 
 the coroners of a county generally, the same may 
 be executed and a return made and signed by any 
 
OF CORONERS. 521 
 
 one of such coroners ; but such act or return will 
 in no degree prejudice the other coroners not par- 
 ticipating therein. 
 
 Powers on arresting sheriff.] If process for arresting 
 the sheriff of the county be delivered to a coroner, 
 he must execute the same in the manner prescri- 
 bed by law in respect to the execution of similar 
 process by sheriffs, and is authorized to take a bond 
 on the arrest, or a bond for the jail liberties to him- 
 self, by the name of his office, in the same cases 
 and in the same manner in which a sheriff would 
 be authorized to take the same ; which bonds will 
 have the like effect, and be subject to the same 
 provisions as bonds taken in like cases by sheriffs, 
 and the proceedings, rights and liabilities thereon 
 will be the same in all respects.. 
 
 Imprisoning sheriff.] If a sheriff on being arrested 
 by a coroner on civil process requiring him to be 
 , held to bail, refuse or neglect to give the bond re- 
 quired by law to entitle him to be discharged, or 
 if a sheriff be arrested on execution against his 
 body, or on attachment, he must be confined by 
 the coroner in some house situated within the 
 liberties of the jail of the county, other than the 
 house of such sheriff, or the jail of such county, 
 in the same manner as sheriffs are required by 
 law to confine prisoners in the jails of their coun- 
 ties respectively. Such house thereupon becomes 
 the jail of the county for the use of such coroner, 
 and all laws relating to the, jails of counties will 
 be applicable to the, same while such sheriff re- 
 mains confined therein. 
 
 Liability for escape.] For any escape of the sheriff 
 
 66 
 
522 OF CORONERS. 
 
 from such house, the coroner is liable in the same 
 manner and to the same extent as sheriffs for the 
 escape of their prisoners, and may plead and give 
 in evidence the same matters allowed to sheriffs 
 in similar actions. 
 
 Sheriff to hope liberties, $-c] A sheriff so. confined 
 will be admitted to the liberties of the jail of the 
 county established for other prisoners, in the same 
 cases, and upon executing the like bond to the 
 coroner in whose custody he may be, as provided 
 in other cases. For any escape of such sheriff 
 from such liberties, the coroner will be liable in 
 the same manner and to the same extent as 
 sheriffs, for similar escapes, and may plead and 
 give in evidence the same matters allowed by law 
 to sheriffs. 
 
 Proceedings on bond.] The coroner may prosecute 
 any such bond taken by him, and will be entitled 
 and subject to all the provisions of law in respect 
 to similar bonds taken by sheriffs; and such bonds 
 may be assigned by him to the party at whose suit 
 such sheriff has been arrested, and the same pro- 
 ceedings will be had thereon in all respects, as on 
 bonds taken and assigned by sheriffs in similar 
 cases. 
 
 Where sheriff is plaintiff.] If any person be arrested 
 by a coroner on process issued in a suit in which 
 the sheriff of the county is a plaintiff, he must be 
 committed to the common jail of the county in 
 cases where a commitment is required by law ; 
 but the coroner will not be liable for any escape 
 of such prisoner from such jail after he has been 
 committed. 
 
OF COEONERS. 523 
 
 How kept; bail bond.] Such prisoner when so 
 committed must be kept in all respects as other 
 prisoners committed on civil process, and will be 
 entitled to be discharged if he be committed on 
 mesne process, on executing a bond to the coroner, 
 in the same manner, and in the same cases in 
 which such bond is required to be given to a 
 sheriff, which will have the like effect, and be 
 proceeded on in the same manner in all respects. 
 
 Bonds for liberties.] Such prisoner will be entitled 
 to the liberties of the jail in the same cases as 
 other prisoners, on executing to the coroner a bond 
 in all respects similar to that required to be given 
 to sheriffs, which will have the like effect, and 
 must be assigned and proceeded on in the same 
 manner. 
 
 Escape from liberties.] For any escape of such 
 prisoner from such liberties, the coroner must be 
 answerable in the same manner and to the same 
 extent as sheriffs, for similar escapes, and may- 
 plead and give in evidence the same matters. 1 
 R. S. 442, 1st ed. 2 R. S. 686, 4th ed. 
 
 When an action for the delivery of personal 
 property is brought by or against the sheriff of a 
 county, the process in the cause must be executed 
 by a coroner, except the execution, which may be 
 awarded and executed as in other causes. 2 R. 
 S. 768, Mh ed. 
 
 Coroner's court.] The office of coroner is one of 
 great antiquity. In ancient times his court was 
 called a court of record. 4th Just. 271. It cannot 
 strictly be so called at the present day. 
 
 Inquisition, when.] When the coroner receives no- 
 
524 , OF CORONERS. 
 
 tice that any person has been slain, or has sud- 
 denly died, or has become dangerously wounded, 
 or has been found dead, under such circumstances 
 as to require an inquisition, it becomes the duty 
 of the coroner to repair to the place where such 
 person may be, and forthwith to summon not less 
 than nine, nor more than fifteen persons, qualified 
 by law to serve as jurors, and not exempt from 
 such service, to appear before such coroner forth- 
 with, at such place as he may appoint, to make 
 inquisition concerning such death or wounding. 
 Laws of 1847, chap. 118. 2 R. S. 925, 4th ed. (Form 
 for the precept for a jury, see Appendix.) 
 
 The jury having appeared, or at least six of 
 them, the coroner designates one of the number 
 to act as foreman, and administers to him the fol- 
 lowing oath": " You shall diligently inquire, and 
 true presentment make, of all such matters and 
 things as shall be given'you in charge, on behalf 
 of the people of the State of New- York, touching 
 the death (or wounding) of A. B., now lying dead 
 (or wounded), of whose body you shall have the 
 view, and how, and in what manner, and when, 
 and where the said person came to his death (or 
 was wounded), and who such person was. You 
 shall present no man from hatred, malice, or ill 
 will, nor spare any through fear, favor, or affec- 
 tion, but a true inquisition make, according to the 
 evidence, and a true verdict give according to the 
 best of your knowledge and ability. So help you 
 God." He then swears those remaining (two or 
 three at a time), as follows: "The same oath 
 which your foreman has taken on his part, you 
 
OF COKONERS. 525 
 
 and each of you shall well and truly ohserve and 
 keep on your part. So help you God." 
 
 The coroner may then charge the jury upon such 
 points relating to the case as may facilitate their 
 deliberations, taking care to disclose no part of the 
 evidence which he may expect to produce, tendr 
 ing to implicate any person connected with the 
 matter under consideration, who may be at large. 
 
 Oath- to witness.] Upon the appearance of a wit- 
 ness to be sworn, the coroner should take down 
 his name, residence, and occupation, and then 
 swear him as follows : " The evidence you shall 
 give to this inquest touching the death {or wound- 
 ing) of A. B., {or if the name is unknown,) of the 
 person whose body you have viewed, shall be the 
 truth, the whole truth, and nothing but the truth. 
 So help you God." 
 
 Caption of coroner's minutes.] The coroner should 
 prepare a caption for the minutes of the proceed- 
 ings and the testimony of the witnesses, as follows : 
 "At a court of inquest, held at the dwelling house 
 of , in the town of , in the county of 
 
 , on the . day of , 18 , before J. 
 
 D., one of the coroners for the said county of , 
 touching the death of , then and there lying 
 
 dead, the following testimony was given, to wit:" 
 Then follows the evidence. , After the witness has 
 been examined, the coroner will read over his 
 testimony that any error may be corrected, and the 
 witness will sign it. 
 
 Adjournments.] Adjournments may be had from 
 time to time, and should the coroner be of the 
 opinion that to prevent contagion the body should 
 
526 OF CORONERS. 
 
 be interred, he may direct its interment before all 
 or any of the witnesses are sworn, being careful in 
 all cases to give the witnesses and the jury every 
 opportunity for a thorough examination of the 
 body, upon which the inquest is held. 
 
 If the coroner should be apprehensive that dur- 
 ing any adjournment of the case any attempt might 
 be made to give a wrong direction to the verdict 
 of the jury, with a view of diverting attention^froni 
 the guilty, and screening those who may be im- 
 plicated, indeed in every case where there is ground 
 to suspect that a crime has been committed, the 
 coroner should not allow the jury to separate Until' 
 after the verdict is rendered. The jurors should be 
 attended by a constable to provide for their wants, 
 and when an adjournment is had, he should be 
 sworn by the coroner as follows : 
 
 Constable's oath.] "You shall well and truly keep 
 the jurors of this jury without any meat or drink, 
 water excepted ; you shall not surfer any person to 
 speak to them, nor speak to them yourself unless 
 it be to ask them whether they have agreed on 
 their verdict, until they shall agree upon their ver- 
 dict. So help you God." 
 
 Subpana.] He has power to issue subpoenas for 
 witnesses, returnable * forthwith or at such time 
 and place as he may appoint. It is made the spe- 
 cial duty of the coroner, to see that some surgeon 
 or physician is subpoenaed to appear as a witness 
 upon taking of the inquisition. Laws of 1847, 
 chap. 118. 2 R. S. 925, Ath ed. {Form for subpmna,see 
 Appendix.) 
 
 The attendance of the witnesses may be en- 
 
OF CORONERS. 527 
 
 forced by attachment in the same manner as the 
 attendance of witnesses is secured in justices' 
 courts. 
 
 Inquisition.] The jury after having had an inspec- 
 tion of the body of the person dead or wounded, 
 and heard the testimony, deliver to the coroner 
 their inquisition in writing, signed by them, in 
 which they must certify how and in what man- 
 ner, and when and where the person sodead or 
 wounded came to his death, and who such person 
 was, and all the circumstances attending such 
 death or wounding, and who were guilty thereof 
 either as principal or accessory, and in what man- 
 ner. 2 R. S. 925, 4th ed. (Form for inquisition, see 
 Appendix. 
 
 When to bind over witnesses.] If the jury find that 
 any murder, manslaughter or assault has been 
 committed, the coroner will bind over the witnesses 
 to appear and testify at the next criminal court at 
 which an indictment for such offence can be found, 
 that may be held in the county. 
 
 To apprehend persons accused.] If the party charged 
 with any such offence be not in custody, it is the 
 duty of the coroner to issue process for his appre- 
 hension, in the same manner that justices of the 
 peace may do. 2 R. S. 926, 4th ed. 
 
 To return testimony.] The testimony of the wit- 
 nesses, after being reduced to writing by the coro- 
 ner, as above mentioned, must be returned by him, 
 together with the inquisition and all recognizances 
 and examinations, to the next criminal court of 
 record held in the county. 2 R. S. 926, 4th ed. 
 
 Coroner in New-York city.] In the city of New- 
 
528 OP CORONERS. 
 
 York, if the coroner is unable to attend to the du- 
 ties of the office at any time, any alderman or 
 special justice of the city may perform the duties, 
 who is clothed with the same power and authority 
 in the case that appertains to the coroner. 2 R. S. 
 926, 4th ed. 
 
 To deliver moneys to county treasurer.] The coroner 
 is required to deliver over to the treasurer of the 
 respective counties all moneys and other valuable 
 things which may be found on the bodies of the 
 persons on whom inquests are held, which have 
 not been claimed by the legal representatives of 
 the deceased within sixty days after the inquest. 
 Should he omit to comply with the foregoing pro- 
 vision, the county treasurer may put him in mo- 
 tion by legal proceedings.. Laws of 1842, chap. 155. 
 2 R. S. 926, 4th ed x 
 
 Compensation.] The accounts of " coroners are a 
 county charge for such services as are not chargeable 
 to the persons employing them. 2 R. S. 712, 4th ed. 
 
 The coroner is entitled for all services rendered 
 by him in judicial proceedings at the same rate of 
 compensation as is allowed to sheriffs for similar 
 services. For confining a sheriff in any house on 
 civil process, he is entitled to two dollars for each 
 week, to be paid by the sheriff before he is entitled 
 to be discharged from confinement. 2 R. S. 836, 
 4th ed. 
 
 He is entitled to a reasonable compensation for 
 his services relating to inquests, including all ne- 
 cessary incidental expenses, which must be settled 
 and allowed by the board of supervisors. 2 R. S. 
 798, 4th ed. 
 
OF THE SHERIFF. 529 
 
 For his duty in regard to preparing a statement 
 of the effects of deceased persons that may come 
 into his hands, see page 57. 
 
 His charges respecting inquests will of course 
 vary according to the importance of each case, 
 hence no definite tariff of charges can he estab- 
 lished. 
 
 The duty is often an exceedingly unpleasant 
 and hazardous one, and for that reason the audit- 
 ing hoard usually are liberal in their compensa- 
 tion. 
 
 CHAPTER XX. 
 
 OF THE SHERIFF.* 
 
 How chosen.] Sheriffs are chosen once in three 
 years by the electors of the respective counties, 
 and as often as vacancies may happen, and are in- 
 eligible to that office for the next three years after 
 the termination of their office. Const, of 1846,. art. 
 10, sec. 1. The sheriff while in office, is ineligible 
 to any other office. He must corltinue to discharge 
 the duties of the office until his successor is duly 
 qualified, and until a certificate of the county clerk, 
 that a new sheriff has qualified and given the pro- 
 per securities, has been served on him. 1 R. S. 
 328, tth ed. 1-2 Wend. 275. , 
 
 * "When this work was commenced, it was the design to prepare a chapter 
 at considerable length on the duties of the sheriff, but other subjects have so 
 crowded on the space intended for this chapter, that it has been found im- 
 possible to go into any thing more than some general outlines of the sheriff's 
 duty, as defined by the statutes and decisions. Besides, since this work was 
 commenced, Mr. Crocker has prepared a work on sheriffs, and there is also 
 extant a valuable work on sheriffs by Mr. Otis Allen, 
 67 
 
530 OF THE SHERIFF. 
 
 Oath of office.] Within fifteen days after notice of 
 hjs election, he must take the constitutional oath 
 and file the same in the county clerk's office. 
 
 Bond.~\ "Within twenty days after notice of his 
 election, and before he enters on the duties of his 
 office, he must give a bond with sureties, who 
 must be freeholders. {Form of bond, Appendix.) In 
 the county of New- York the bond must be in the 
 penal sum of twenty thousand dollars, and in every 
 other county in the sum of ten thousand dollars. 
 The bond must be filed in the clerk's office of the 
 county for which he was elected. 
 
 When to renew bond.] Within twenty days after the 
 first Monday of January in each year subsequent 
 to that in which he enters on the duties of his 
 office, he must renew the security which he was 
 required to give before he entered on the duties of 
 his office. The renewed security must be in the 
 same amount, and given in the same manner, and 
 subject in all respects to the same regulations as 
 the original security. 1 R. S. 697, 4th ed. 
 
 Resignation.] Should he desire .to resign at any 
 time, he must tender his resignation to the go- 
 vernor. 
 
 Vacancy.] Should his office become vacant by 
 his removal on charges preferred against him, or 
 for any other cause, the governor may supply the 
 vacancy by appointing a person to discharge the 
 duties of the office in the interval between the . 
 happening of the vacancy, and its being filled at 
 the next general election. The governor may also 
 remove the person so appointed at his own pleasure 
 and substitute another person. The People v. Park- 
 
OP THE SHERIFF. 531 
 
 er, 6 Hill, 49. When charges are preferred against 
 the sheriff to the governor with a view to his re- 
 moval, he is entitled to a copy of the charges and 
 has the right to be heard in his defence. 
 
 Duty when superseded.] Upon being duly served 
 with a certificate from the county clerk that the 
 person elected or appointed to supersede him, has 
 duly qualified and given the lawful security, his 
 powers cease, and within ten days after the service 
 of such certificate he must deliver to his successor: 
 
 1st. The jail or jails, if there be more than one, 
 of the county, with all their appurtenances, and 
 the property of the county therein : 
 
 2d. All the prisoners then confined in such jails : 
 
 3d. All process, orders, rules, commitments, and 
 all other papers or documents in his custody, au- 
 thorizing, or relating to the confinement of such 
 prisoners; and if any such process has been re- 
 turned, a statement, in writing, of the contents 
 thereof, and when returned: 
 
 4th. All writs and precepts and other documents 
 for the summoning of a grand or petit jury then in 
 his hands, which have not been fully executed by 
 him: 
 
 5th. All executions, attachments and final pro- 
 cess, then in his hands, except such as the former 
 sheriff may have executed, or shall have begun to 
 execute, by the collection of money thereon, or 
 by a levy on property, in pursuance thereof. 2 R. 
 .S. 357, 2d ed. ; p. 682, \th ed. 
 
 Not to practice law.] No sheriff, under sheriff, 
 deputy sheriff, or sheriff's clerk, is permitted during 
 his continuance in office, to practice as a counsel- 
 
532 OF THE SHEKIFF. 
 
 lor, solicitor or attorney, in any court of law or 
 equity. 1 R. S. 321, Aih ed. 
 
 Under sheriff.] As soon as the sheriff enters upon 
 the duties of the office he must appoint an under 
 sheriff, who will hold ,his office during the plea- 
 sure of the sheriff. Should the sheriff die, resign, 
 or be removed from office, the duties of his office 
 devolve upon his under sheriff. Under sheriffs as 
 well as other deputies, being appointed only during 
 the pleasure of the sheriff, would by the common 
 law, cease to be such the moment that will was 
 determined, either by the death, removal or resig- 
 nation of the person under whom they held the 
 appointment. To remedy this common law diffi- 
 culty, in 1827 an act was passed providing for the 
 duties of the office by the under sheriff in all cases 
 of vacancy, and directing the office' to be executed 
 by the coroners whe,n there was no under sheriff. 
 Laws of 1827, p. 72. 10 Paige, 230> But the deputies 
 of the late sheriff do not continue in office. A 
 deputy in such case cannot act as deputy defacto of 
 the late sheriff, but if he continue to act under the 
 under sheriff with his assent, but without a formal 
 appointment it seems he may be regarded as his 
 deputy de facto. Boardman v. Halliday, 10 Paige, 
 223. In case of a vacancy in the office of sheriff, 
 the under sheriff has full power and authority to 
 execute the office of sheriff in all respects, until a 
 new sheriff is elected or appointed and has duly 
 qualified. 1 R. S. 697, 4th ed. 
 
 Deputies.] The sheriff may appoint as many dep- 
 uties as he thinks proper. The appointment must 
 be in writing and signed and sealed by the sheriff, 
 
• OF THE SHERIFF. 533 
 
 and, filed and recorded in the office of the clerk of 
 the county. (Form of appointment, see Appendix.) Dep- 
 uties as well as under sheriffs, before they enter on 
 the duties of their office must take the constitutional 
 oath, this does not apply however to special depu- 
 ties who may be appointed to do a particular act 
 only. 
 
 No deputy can transfer his general powers, 
 Hunt v. Bawell, 5 Johns. 137, and while the sheriff 
 is in the execution of his office, the deputy has as 
 much power as the under sheriff. 2 Johns. 73. 
 
 Sheriff to summon constables to attend supreme court.] 
 When any term of the court of appeals or the su- 
 preme court is held in his county, the sheriff is 
 required before the commencement of such term 
 to summon two constables to attend the same. 
 2 R. S. 363, 4th ed. 
 
 Other courts.] The sheriff within a reasonable 
 time before the sitting of any circuit court, court 
 of oyer and terminer, county court, or court of ses- 
 sions, must summon personally, as many mar- 
 shals or constables of his county as he may be di- 
 rected to summon by the presiding judge of any 
 such court, to such courts. 
 
 To act as crier.] When attending court where the 
 services of a crier are needed, the sheriff or his 
 deputy, or some constable to be designated, must 
 perform the duties of crier. He is allowed no com- 
 pensation for such services. Laws of 1847, chap. 
 470. 2 R. S. 476, 4th ed. 
 
 Duty on receiving precept from district attorney.] The 
 sheriff on receiving the precept for summoning the 
 jury, required to be issued to him by the district 
 
534 OF THE SHERIFF. 
 
 attorney of his county, must immediately cause 
 proclamation thereof to be published once in each 
 week until the setting of the court, in one or more 
 of the newspapers printed in his county, the ex- 
 pense of which is a county charge. 
 
 To have custody of the jails.] The sheriff in each 
 county is required to have charge and the general 
 supervision of the jails and prisons in his county. 
 He may appoint keepers of such jails and prisons ; 
 but he is responsible for their acts. 1 R. S. 697, 
 4th ed. For the duty of such keepers and the reg- 
 ulations respecting such jails and prisons, see 2 
 R. S. 940, 4th ed. 
 
 Persons imprisoned in civil cases.] The sheriff is not 
 permitted to charge a person arrested on a civil 
 process, or receive from any such person any sum 
 of money, or for anything provided for him, or the 
 prisoner, at any place of entertainment, nor is he 
 permitted to receive any gratuity for keeping such 
 prisoner out of jail, or for waiting for such pris- 
 oner to find bail, or for waiting for any other pur- 
 pose. Nor is he permitted to receive from' such 
 prisoner any valuable thing for the chamber rent 
 of any prison. 1 R. S. 428, 1st ed. 2 R. S. 671, 
 4th ed. For the duty of the sheriff more at length 
 relating to persons arrested and imprisoned on civ- 
 il process, see 2 R. S. 672, 4th ed. 
 
 Where to keep his office.] He must keep his office 
 for the transaction of business, in the city or vil- 
 lage where the county courts are held. He must 
 file in the county clerk's office a notice stating 
 what place he has designated for his office. 
 
 Office hours.] His office must be kept open for ' 
 
OF THE SHERIFF. 535 
 
 business every day in the year except Sundays 
 and the fourth day of July, from nine to twelve 
 A, M., and from two to five P. M., except in the 
 county of New- York and the county of Kings, where 
 office hours must be from nine to four. In the 
 county of Kings, he may close his office on the 
 fourth of July, and Thanksgiving and Christmas 
 days. Laws of 1851, chap. 113. 
 
 Papers served on him.] It is deemed a personal ser- 
 vice on him to leave papers for him at his office 
 during business hours, but if a person belonging to 
 the office should be there, the papers should be 
 handed to him. 2 R. S. 473. If the sheriff omits 
 to file the notice where his office will be kept, pa- 
 pers may be served on him by leaving them at the 
 office of the county clerk, with the clerk or his 
 deputy. Id. 
 
 Duty respecting executions.] One of the most re- 
 sponsible duties of the sheriff relates to the collec- 
 tion of executions. The first step on receiving an 
 execution, is to endorse on the same the year, 
 month, day and hour when received: He should 
 then enter in a register, 
 
 1st. The title of the cause. 
 
 2d. The name of the attorney issuing the execu- 
 tion. 
 
 3d. The amount directed to be collected. 
 
 4th. The year, month, day and hour when the 
 execution was received. 
 
 5th. A brief memorandum of any special in- 
 structions he may have received from the attorney 
 by whom it was issued. 
 
 The above rules apply also to under sheriffs and 
 
536 OF THE SHERIFF. 
 
 deputies. In case of several- executions against 
 the same defendant, the one first delivered will 
 have the preference. Peck v. Tiffany, 2 Cowen. 451. 
 The goods of the defendant will be bound by the 
 execution, only from the time of its delivery to the 
 officer. 2 R. S. 613, 4th ed. Camp v. Chamberlain, 
 5 Denio, 198. 
 
 May levy upon coin, bank bills, 8fc] He may levy 
 upon any current gold or silver coin belonging to 
 the defendant, and return the same as so much 
 money collected without exposing it to sale. He 
 may levy on any bills or other evidences of debt 
 issued by any moneyed corporation, or by the 
 United States government, which is circulated as 
 money, belonging to the defendant. Id. 
 
 May levy on goods pledged.] He may levy on goods 
 pledged for the payment of money or the perfor- 
 mance of a contract, and sell the interest of the 
 person making the pledge, and the purchaser will 
 acquire all the interest of the defendant on per- 
 forming the condition of the pledge. Bakewell v. 
 Ellsworth, 6 Hill, 484. Steif v. Hart, 1 Comstock, 20. 
 
 May levy on other goods and chattels.] The sheriff 
 may levy and sell any other goods and chattels of 
 the defendants not exempt by law. For the list 
 of goods exempt, see Chapter XI on Constables 
 
 Levy, what constitutes.] To constitute as against 
 strangers a valid levy, the officer, by virtue of the 
 execution, must take possession of the property by 
 manual acts, or he must declare that a levy is in- 
 tended which must be acquiesced in by those who 
 are present and interested in the question. In the 
 case of Camp v. Chamberlain, 5 Denio, 203, Ch. J. 
 
 s 
 
OF THE SHERIFF. 537 
 
 Beardsley remarks, " A levy cannot rest in a mere 
 undivulged intention to seize property; something 
 more is required ; there must be possessory acts to 
 indicate a levy, or it must be asserted by word ot 
 mouth, so that what is done by the officer, if not 
 justified by the process in his hands will make him 
 a trespasser." See also 3 Wend. 446, 16 Johns. 287, 
 and the authorities cited on this subject in Chapter 
 XI. 
 
 Notice of sale of personal property.] Before selling 
 any personal property the officer must give six 
 days' notice of such sale, by fastening up written 
 or printed notices in public places in the town 
 where the sale is to be had, specifying the time 
 and place of sale. From the language of the sta- 
 tute it would seem that such notices should re- 
 main put up for six days successively immediately 
 preceding the day of sale. 2 R. S. 614, 4th ed. 
 {Form of notice, Appendix.) 
 
 Mode of sale.] Personal property may not be ex- 
 posed to sale unless present and within view of 
 those attending such sale. It must be offered for 
 sale in such lots and parcels as will tend to make 
 the same sell at the highest price. 2 R. S. 616, 
 4th ed. It was held to be proper in one case where 
 the property consisted of a great many articles 
 which were at different places in the buildings 
 and fields of the defendant, and where the sheriff 
 had at first pointed out to the bidders the property 
 to be sold, for the officer to sell the whole together 
 on the premises. Tift v. Barton, 4 Denio, 171. 
 But in another case, where an officer had levied 
 on thirteen sheep, generally, and on the day of 
 68 
 
538 OF THE SHERIFF. 
 
 sale the sheep of the defendant, numhering 
 twenty-one, being present, the officer offered for 
 sale thirteen of the sheep, without designating 
 which, and on being asked by a bidder which 
 sheep he sold, replied the best, the fattest, it was 
 held that the officer had no authority to sell in 
 such manner, and that the purchaser acquired no 
 title, and had no authority under such a sale to 
 select. Warring v. Loomis, 4 Barb. 485. 
 
 Requisites of an execution.] For the requisites of an 
 execution in order to make it valid and fair on its 
 face so as to protect the officer, the sheriff is re- 
 ferred to 2 R. S. 616, 4th ed. 
 
 Notice of sale of real estate.] "When the sheriff is 
 unable to find personal property, he must then 
 levy on the real estate of the defendant, if he has 
 any. Should it become necessary to sell real 
 estate, the officer must proceed as follows: He 
 must cause a notice of the time and place of hold- 
 ing any such sale to be fastened up in three pub- 
 lic places in the town where such real estate is to 
 be sold, and if to be sold in a town different from 
 that in which the premises are situated, then such 
 notices must also be posted up in the town where 
 such premises are situated. A copy of such notice 
 must be printed once in each week in a newspa- 
 per of such county, if there be one. If there be 
 no newspaper printed in such county, and the 
 premises to be sold are not occupied by any per- 
 son against whom the execution is issued, or by 
 some person holding the same as tenant or pur- 
 chaser under such person, then such notice must 
 be published in the state paper once in each week. 
 
OV THE SHERIFF. 639 
 
 Horn to be described^] In every such notice, the 
 real estate to- be sold must be described with com- 
 mon certainty, by setting forth the name of the 
 township tract and the number of the lot, if there 
 be any, and if there be none, by some other appro- 
 priate description. 
 
 Sales by vendue, and by day light.] The sale of real 
 estate or of any personal property by virtue of any 
 execution, must be at public vendue, between the 
 hours of nine o'clock in the morning and the set- 
 ting of the sun. 
 
 Penalty for irregular sales.] Any officer who sells 
 any real estate without the previous notice above 
 mentioned, or otherwise than in the manner above 
 mentioned, forfeits one thousand dollars to the 
 party injured, in addition to any damages which 
 such party may sustain. 
 
 *Mode of conducting sale of real estate.] When real 
 estate offered for sale by virtue of any execution, 
 consists of several known lots, tracts or parcels, 
 such lots, tracts or parcels must be separately ex- 
 posed for sale ; and if any person claiming to be 
 the owner of any portion of such estate, or claim- 
 ing to be entitled by law to redeem any such 
 portion, requires such portion to be exposed for 
 sale separately, it becomes the duty of the sheriff 
 to expose the same for sale accordingly. No more 
 should be exposed for sale than appears necessary 
 to satisfy the execution. For wrongfully taking 
 down any such notice of sale or defacing the same 
 the penalty is fifty dollars. 
 
 Purchases by officer forbidden.] The officer conduct- 
 ing any sale of property on execution, must not 
 
540 OF THE SHERIFF. 
 
 directly or indirectly purchase any property what- 
 ever, at any sale by virtue of such execution ; and 
 all purchases made by such officer, or to his use 
 are void. 
 
 Certificate of sale, its contents.] Upon the sale of 
 real estate by virtue of any execution, the officer 
 making the same must make out and subscribe 
 duplicate certificates of such sale containing : 
 
 1st. A particular description of the premises 
 sold: 
 
 2d. The price bid for each distinct lot or 
 parcel : 
 
 3d. The whole consideration money paid : 
 
 4th. The time when such sale will 'become ab- 
 solute and the purchaser will be entitled to a con- 
 veyance, pursuant to law. 
 
 To be filed, $-c] One of such duplicate certificates, 
 must, within ten days after such sale, be filed in 
 the office of the clerk of the county, and the other 
 be delivered to the purchaser. If there be two or 
 more purchasers, a certificate must be delivered to 
 each. 2 R. S. 370, 1st ed. ; 618, 4th ed. 
 
 Executions against the person.] For the proceedings 
 of the sheriff on process against the person, see 2 
 R. S. 426. 1st ed.; 670, 671 and 681, 4th ed. 
 
 To give receipt for process.] Any person delivering 
 to the sheriff a process of any description, on pay- 
 ing the fee allowed by law, is entitled to receive 
 a minute in writing, signed by the sheriff, specify- 
 ing the names of the parties in such process, the 
 general nature of the same, and the day when de- 
 livered. 2 R. S. 684, 4th ed. 
 
 To give a copy when required.] The officer serving 
 
OP THE SHERIFF. 541 
 
 process is required, if the party served demands it, 
 to furnish a copy of the process, and that without 
 any compensation. Id. 
 
 Liability for not executing process.] The officer to 
 whom process is delivered to be served, must exe- 
 cute the same according to the command of the 
 same, and for any violation of duty in that respect 
 is liable to an action at the suit of the party 
 aggrieved. Pardee v. Robinson, 6 Hill, 550. 
 
 May return process by mail.] Sheriffs, under sheriffs 
 and deputies may return all process in civil ac- 
 tions by mail, where they reside in a different place 
 from that in which the clerk's office to which the 
 return is to be made is located, and between which 
 places there is a regular communication by mail. 
 To make return valid, the paper must be enclosed 
 in an envelope, and properly directed, and deposit- 
 ed in the post office nearest or most convenient to 
 the office, and the postage prepaid thereon, by the 
 officer making the return. Laws of 1850, chap. 225. 
 2 R. S. 684, 4th ed. 
 
 The duty of the sheriff in respect to persons sur- 
 rendered by their bail is pointed out at page 629 
 2 U.S., 4th ed. 
 
 May call to his aid the power of the county.] "When a 
 sheriff, or other public officer, authorized to exe- 
 cute process, has reason to apprehend that resist- 
 ance will be made to the execution of such pro- 
 cess, he is authorized to command every male 
 inhabitant of his county, or as many as he may 
 think proper, armed as he may direct, and also 
 armed military companies in his county, if need 
 be, to assist him in overcoming such resistance, 
 
542 OF THE SHEKIFF. 
 
 and arresting those who may he engaged in the 
 violation of the law. 2 R. S. 684, 4th ed. 
 
 Neglecting duty or conniving at escapes.] Sheriffs, 
 ' coroners, marshals, or constables, who wilfully 
 neglect to execute criminal process, or connive in 
 any manner at the escape of persons charged with 
 crime, or take any gratuity with the view of aid- 
 ing the escape of such persons, whether the escape 
 be attempted or effected or not, forfeit one thousand 
 dollars, and are liable to imprisonment one year 
 in a county jail, and upon conviction for such of- 
 fence, are deemed forever disqualified to hold any 
 office of trust or honor or profit in this State. 2 
 R. S. 868, 4th ed. 
 
 Reports by sheriffs to secretary of state.] Within ten 
 days after the adjournment of any criminal court 
 of record, the*sheriff of the county in which such 
 court is held, must report by mail to the secretary 
 of state, the name, occupation, age, sex, and na- 
 tive country of every person convicted at such 
 court of any offence, the degree of instruction 
 which each person so convicted has received, and 
 all such other items of information in relation to 
 such convicts and their offences as the secretary 
 of state may require ; which reports are to be 
 made in such form as the secretary of state may 
 prescribe : and to enable sheriffs to make the re- 
 turns, they are authorized by themselves and their 
 deputies to make all necessary inquiries of the 
 persons convicted, before or after trial, and of the 
 keepers of jails, penitentiaries, or other places 
 where such convicts may be confined, and of all 
 other persons. For their services in the premises, 
 
OF THE SHERIFF. 543 
 
 they will be allowed a reasonable sum by the 
 board of supervisors of their respective counties as 
 a county charge; and for any neglect by any 
 sheriff to comply with the law in this respect, he 
 will forfeit the sum of fifty dollars to the use of 
 the people. Laios of 1849, chap. 259. Similar re- 
 ports are required of the sheriffs of the counties 
 of Albany, Columbia, Schenectady, Rensselaer, 
 Oneida, Kings, and Erie, respecting persons con- 
 victed at courts of special sessions, and mayors' 
 courts, in the several cities in those counties. 
 Laws of 1849, chap. 259. 
 
 Drawing and summoning jurors.] The duty of the 
 sheriff respecting the drawing of jurors, is pointed 
 out at Chapter XVII, on County Clerks. The jury 
 being drawn, the sheriff is required to summon 
 the persons named in the list, to attend court. 
 The jury must be summoned at least six days be- 
 fore the sitting of the court by giving personal no- 
 tice to each person, or by leaving a written notice 
 at his place of residence with some person of pro- 
 per age. The sheriff must return the list to the 
 court at the opening thereof, specifying those who 
 were summoned, and the manner in which each 
 person was notified. 2 R. S. 662, 4th ed. 
 
 Jury before execution in case of insanity.] Should a 
 convict under sentence of death become insane, 
 the sheriff of the county with the concurrence of 
 a justice of the supreme court, or in his absence, of 
 the county judge, may summon a jury of twelve 
 electors to inquire into such insanity. He must 
 give immediate notice to the district attorney of 
 the county. Should such jury of inquisition find 
 
544 OP THE SHERIFF. 
 
 the convict insane, the sheriff must suspend exe- 
 cution of the warrant directing the death of the 
 convict, until he receives a warrant from the gov- 
 ernor, or from the justices of the supreme court, 
 directing him to proceed with the execution. 
 Laws of 1847, chap. 328. 2 R. 8. 844, 4th ed. 
 
 Female convict.] In case of a pregnant female con- 
 vict under sentence of death, the sheriff is requir- 
 ed in the manner above mentioned, to summon 
 a jury of six physicians to inquire into the alleged 
 pregnancy. If the jury find her pregnant, they so 
 certify in their inquisition. The sheriff will then 
 suspend execution until directed to proceed by the 
 governor. Id. 
 
 Sheriff's fees and compensation.] The sheriff is en- 
 titled to receive, 
 
 For serving summons or any other process by 
 which a suit should be commenced in a court 
 of law, citation or declaration, when there has 
 
 been no process previous thereto, $0 50 
 
 Traveling in making such services, for go- 
 ing only, to be computed in all cases from 
 the court house of the county, or if two 
 or more court houses, then from that 
 nearest to the place where the service 
 is made, except in Oneida, where the 
 travel is computed from Whitestown, 
 
 for each mile, • • 06 
 
 For taking a bond of the plaintiff in an ac- 
 tion for the delivering of personal pro- 
 perty, or taking a bond on the arrest of 
 a defendant, or taking a bond in any 
 other case where he is authorized to 
 
OF THE SHERIFF. 545 
 
 take the same for which no other fee is 
 prescribed by statute,* 37 \ 
 
 For a certified copy of such bond, 25 
 
 For a note of every process delivered to 
 defendant on request, 06 
 
 For returning any process, 12 \ 
 
 Serving an attachment for the payment of 
 money, or an execution for that purpose, 
 or a warrant issued by the comptroller or 
 county treasurer for collecting the sum 
 of two hundred and fifty dollars, or less, 
 for each dollar, • • 2J 
 
 On all sums above two hundred and fifty 
 
 dollars, for each dollar,. 1\ 
 
 Advertising goods, lands or tenements, for 
 sale on execution, 2 00 
 
 If execution be stayed or settled after ad- 
 vertising and before sale, 1 00 
 
 He may also charge and collect the lawful 
 fees which he pays to parties for adverti- 
 sing real estate. 
 
 Drawing a certificate of the sale of real 
 estate, for each folio, 25 
 
 For two copies, for each folio, • • 12 h, 
 
 For drawing and executing a deed for real 
 estate pursuant to sale, to be paid by the 
 grantee, 1 00 
 
 Serving a writ of possession or of restitution, 
 putting any person entitled into the pos- 
 session of premises, and removing the 
 tenant, 1 25 
 
 Travel for such purpose, for each mile,- • • 6 
 
 For taking a bond for the liberties of the jail, 37J 
 
 69 
 
546 OF THE SHERIJET. 
 
 Summoning a jury to attend court in causes 
 noticed for trial and on the calendar, for 
 each cause/ • 50 
 
 Summoning a jury on writ of inquiry or in 
 any case where it is necessary to try the 
 title to personal property, and attending 
 the jury, making and returning the inqui- 
 sition, 150 
 
 For summoning a foreign or special jury 
 
 and returning the pane], 1 12| 
 
 For summoning a jury in a special pro- 
 ceeding, 1 00 
 
 For attending such jury, 50 
 
 For bringing up a prisoner upon a habeas cor- 
 pus to testify or answer in any court, or 
 for any other purpose, 150 
 
 Travelling from the jail for such purpose, 
 
 for each mile, 12£ 
 
 Attending court or before an officer with 
 such prisoner, besides expenses for each 
 day, f 1 00 
 
 Attending a view, for each day, 1 87J 
 
 For the time going and returning for each 
 day, 1 25 
 
 For serving an attachment against the pro- 
 perty of a debtor, under the provisions of 
 law relating to absconding, concealed, 
 fraudulent, and non-resident debtors, • • • 35 
 
 The officer granting the attachment will 
 certify to him an additional amount for 
 his trouble and expense in the matter. 
 
 Making and returning an inventory ■ of 
 such appraisal, for the amount paid to 
 
OP THE SHERIFF. 547 
 
 each appraiser for "each day, not exceed- 
 ing, 1 00 
 
 Drafting the inventory, for each folio, • • ■ ■ • 25 
 Making the necessary copies, for each folio, 12 £ 
 Giving notice of a general or special elec- 
 tion to the inspectors of election in the 
 
 towns and wards, for each town, 1 00 
 
 His claim for publishing such notices will 
 be audited by the board of supervisors as 
 a part of the contingent charges against 
 the county. 
 For rendering service that may be perform- 
 ed by a constable, he is entitled to the 
 same rate of compensation. 
 For receiving every person committed to 
 
 prison in civil cases, 25 
 
 For discharging every such person, 25 
 
 Summoning constables to attend court, for 
 
 each constable summoned, 50 
 
 Attending the supreme court, for each day, 2 00 
 He is entitled to no per diem for attend- 
 ing either the circuit, oyer and terminer, 
 county court, or sessions. Ex. parte Miner, 
 2 Hill, 411. 
 For mileage on execution in civil actions, 
 to be computed from the court house, for 
 
 going only, for each mile, 06 
 
 For receiving an execution in a civil action 
 and entering the same in his book, search- 
 ing for property, and paying the postage 
 on the return of said execution, in all, 50 
 Laws of 1850, chap. 225. 2 R. S. 833 to 835. 
 Fees in criminal cases and compensation for other du- 
 
548 OF THE SHERIFF. 
 
 ties.] The sheriff is entitled to receive for every 
 person committed to prison in his county, • $0 37| 
 For every person discharged from such . 
 
 prison, 371 
 
 For summoning a grand jury for a court of 
 
 oyer and terminer or sessions, 10 00 
 
 And for performing any duty in any crimi- 
 nal proceedings that may be performed 
 by constables, the same rate of compen- 
 sation that is allowed to constables. 
 For conveying a single convict to the State 
 prison or house of refuge from the county 
 prison, from which such convict should 
 
 be conveyed, for each mile, 35 
 
 For conveying two convicts as above men- 
 tioned, for each mile, 45 
 
 For conveying three convicts as first above 
 
 mentioned, 50 
 
 For conveying four convicts as first above 
 
 mentioned, 55 
 
 For conveying five convicts, - 60 
 
 And for all additional convicts, such reason- 
 able allowance as the comptroller may 
 think just. 
 For the maintenance of each convict while 
 on the way, for each day's maintenance, - 1 00 
 The expenses for maintenance may not exceed, 
 however, one dollar for every thirty miles travel. 
 Laws o/1849, chap. 123. 2 R. ~S. 938, 4th ed. 
 
 When the sheriff is required by any statutory 
 provision to render any service in behalf of the peo- 
 ple, and for their benefit, which is not made charge- 
 able by law to his county, or to some officer or 
 
OP TAXES ON THE LANDS OF NON-RESIDENTS. 549 
 
 other person, his account for such service must be 
 audited by the comptroller and paid out of the 
 treasury. 1 R. S. 697, 4th ed. 
 
 Sheriffs may now sell lands and give convey- 
 ances in their respective counties, in the same 
 manner and with the like effect as was formerly 
 done by masters in chancery. He is entitled to 
 receive his disbursements and printer's fees, and 
 the same per centage as is allowed on executions, 
 but in no case to exceed the sum of ten dollars. 
 Laws of 1847, page 344. 
 
 CHAPTER XXI. 
 
 OF TAXES ON THE LANDS OF NON-RESIDENTS. 
 
 If the assessor would in all cases perform his 
 duty in regard to the lands of non-residents, as is 
 required by the statute, a very great amount of 
 trouble and expense would be saved, not only to 
 the owner of the land, but to the large class of 
 public officers through whose hands the several 
 proceedings relating to such lands are required to 
 pass. The duty of the officer in making the.asess- 
 ment is so simple that it is surprising that it should 
 be overlooked. All that seems to be necessary is 
 that the land should be described with that cer- 
 tainty required in giving a description in a deed, 
 so that the tract assessed may be identified, that 
 is to say, if the tract assessed is well known as a 
 whole tract embraced in some well known patent, 
 or a subdivision of some well known tract or pa- 
 tent, then it may be so put down, but if the land 
 
550 OF TAXES ON THE LANDS OF NON-KESIDENTS. 
 
 is not known to the assessors as belonging to any 
 patent or subdivision of a patent or tract, then it 
 should be described by boundaries, and for the 
 purpose of making such description intelligible and 
 conformable to law, the assessors, may as has been 
 seen, take steps to have the supervisors of the town 
 cause the same to be surveyed. 
 
 The inconvenience first experienced by a neg- 
 lect of this simple requirement of the statute, is 
 felt by the county treasurer. When the collector 
 comes in with his list of unpaid taxes against the 
 lands of non-residents, it becomes the duty of the 
 county treasurer after having compared the same 
 with the original assessment roll and found them 
 to agree, to credit the collector with the amount 
 returned. Laws of 1855, page 782. The county 
 treasurer then sends such accounts with the col- 
 lector's affidavit, (the treasurer having no authori- 
 ty to correct the description of the lot if he knows 
 it to be imperfect) to the comptroller. If the 
 comptroller finds the lots or parcels returned so 
 imperfectly described that it would be impossible 
 to give a valid deed should a sale of the land be- 
 come .necessary, he has no other course to pursue 
 but to reject the account which he has received 
 from the county treasurer. Here the trouble be- 
 gins. A transcript of this account comes back to 
 the county treasurer, and is the account denomi- 
 nated " rejected taxes," with which the commit- 
 tee on rejected taxes have to do, referred to at 
 pages 75 and 87. The county treasurer having 
 received the transcript of rejected taxes, presents 
 the same to the supervisor of the town where the 
 
OF THE BOARD OF COUNTY CANVASSERS. 551 
 
 tax was, assessed, and the supervisor is required to 
 present the same to the board of supervisors. The 
 supervisor of the town affected by the return of 
 such rejected taxes, is required by law to see that 
 there is added to the next assessment roll of his 
 town, a correct description of the lands mentioned 
 in the rejected list. Should he omit so to do, the 
 board causes the tax to be assessed on his town, 
 Laws of 1855, page 785, and hence of necessity com- 
 pels the town to pay the taxes of non-residents, and 
 this, for the reason that the duty imposed upon 
 the assessors and supervisor above mentioned, so 
 plain and simple, is omitted to be performed. 
 
 The several officers whose duties are connected 
 with assessing, levying and collecting taxes, are 
 pointed out at length, in the act of 1855, which is 
 inserted next preceding the forms in the Appendix. 
 
 CHAPTER XXII. 
 
 OF THE BOARD OF COUNTY CANVASSERS. 
 
 How constituted, .] The inspectors of election in 
 each election district, deliver the original .state- 
 ments of votes given at a general or special elec- 
 tion to the supervisor of their town or ward, and i f 
 there be no supervisor, or if he be disabled from 
 attending to such statements, they must be de- 
 livered to one of the assessors of the town or ward 
 in which the election was held. The persons to 
 whom such statements are lawfully delivered con- 
 stitute the board of county canvassers. 
 
 Where and when to meet.] They meet at the office 
 
552 OP THE BOARD OP COUNTY CANVASSERS. 
 
 of the, clerk of the county, on the Tuesday next 
 following the election, before one o'clock in the 
 afternoon of that day, in all the counties of this 
 State except the county of Hamilton, which meet 
 on the first Friday next following said election. 
 They choose one of their number as chairman. 
 
 Secretary. .] The clerk of the county, or in his ab- 
 sence his deputy, must be secretary of the board. 
 
 Oath.] The chairman administers the constitu- 
 tional oath to each member of the board, and the 
 same oath is then administered to him by the se- 
 cretary. 
 
 Quorum.] The major part of the supervisors or 
 assessors to whom the original statements of the 
 canvass in the several districts in their towns or 
 wards have been delivered, are deemed a sufficient 
 number to constitute a board. 
 
 Estimate of votes to be made.] The original state- 
 ments of the canvass in each, district are then 
 produced, and from them the board proceed to es- 
 timate the votes of the county, and make such 
 statements thereof as the nature of the election 
 requires; such statements are then delivered to 
 and deposited with the county clerk. 
 
 Separate statements to be made.] They must make a 
 separate statement containing the whole number 
 of votes given in such county for the office of go- 
 vernor, lieutenant governor, judge of the court of 
 appeals, justice of the supreme court, clerk of the 
 court of appeals, secretary of state, comptroller, 
 treasurer, attorney-general, state engineer and sur- 
 veyor, canal commissioner, inspector of state 
 prisons, senator in each district, and representa- 
 
OF THE BOARD OF COUNTY CANVASSERS. 553 
 
 tive in congress in each district, or any or either 
 of them ; the names of the persons for whom 
 such votes were given, and the number of votes 
 given for. each ; another, of the votes given for all 
 county officers, any or either of them ; another, of 
 the votes given for member of assembly, in 
 each assembly district; and another, of the votes 
 for electors of president and vice president; and 
 another, of the votes given for any proposed 
 amendment to the constitution. Laws of ■ 1847, 
 chap. 240. 
 
 Number of votes and names written at length.] In such 
 statements, the whole number of votes given in 
 each town and district, the names of the candi- 
 dates, and the number of votes given to each, 
 must be written out in words at full length. 
 
 How certified.'] Each statement must be certified 
 as correct, and attested by the signatures of the 
 chairman and secretary of the board ; and a copy 
 of each, thus certified and attested, must be de- 
 livered to the county clerk, to be recorded in his 
 office. 
 
 Members of assembly and county officers.] Upon the 
 statement of votes given for members of assembly 
 and county officers, the board must proceed to de- 
 termine what person or persons have, by the 
 greatest number of votes, been duly elected to 
 each of the offices mentioned in each statement. 
 
 Copy to be published^] The board must cause a 
 copy of every such determination, and of the 
 statement upon which it is made, to be published 
 in one or more of the newspapers printed in the 
 
 county. 
 
 70 
 
554 OF THE BOARD OF COUNTY CANVASSERS. 
 
 If an inspector cannot attend at board.] If any one 
 of the supervisors or assessors appointed to attend 
 the county canvass, is unable to attend the meet- 
 ing of the board on the day appointed for such, 
 meeting, he is required, on or before that day, to 
 cause to be delivered at the office of the county 
 clerk, the original statement of the votes of his 
 town or -ward. 
 
 Duty of those who attend.'] If on that day a major- 
 ity of the county canvassers do not attend, or the 
 statements of the votes from every district in the 
 county are not produced, the canvassers then pre- 
 sent, will adjourn to some convenient hour of the 
 next day. At that hour they again meet, and the 
 canvassers then attending, although less than a 
 majority of the whole, organize themselves as a 
 board, and upon the statements, or certified copies 
 thereof, then produced, proceed to estimate, state 
 and certify the votes of the county, in the manner 
 before directed. 
 
 Statements containing omissions, fyc, may be returned 
 to be corrected.] If upon proceeding to canvass the 
 votes, it clearly appears to the canvassers that in 
 any statement produced to them, certain matters 
 are omitted in such statement, which should have 
 been inserted, or that any mistakes which are 
 clerical merely, exist, they must cause the state- 
 ment to be sent by one of their number, (whom they 
 shall depute for that purpose,) to the town or ward 
 inspectors, and town or ward canvassers of the 
 town or ward from whom they were received, to 
 have the same corrected ; and the canvasser so 
 deputed must immediately proceed and give no- 
 
OF THE BOARD OF COUNTY CANVASSERS. 555 
 
 tice to the town or ward inspectors and canvassers, 
 whose duty it will be forthwith to assemble to- 
 gether and make such correction as the facts of 
 the case require ; but such town or ward inspec- 
 tors and canvassers may not at such meeting 
 change or alter any decision before made by them 
 but only cause their canvass to be correctly 
 stated; and the board of county canvassers are 
 authorized to adjourn from day to day, for the pur- 
 pose of obtaining and receiving such statement, 
 such adjournment not to extend beyond three days. 
 
 Clerk to deliver statements.] The county clerk will 
 deliver to the board, all the certified statements of 
 the votes taken in each town or ward at the next 
 preceding election that may have been received 
 at his office. 
 
 To procure those not received by him,] If on the day 
 appointed for the meeting of the board, it does not 
 organize, owing to a deficient return of the votes 
 of the county ; the county clerk is required by a 
 special messenger, or otherwise, to obtain neces- 
 sary statements or certified copies thereof, in time 
 to be produced to the board at their next meeting. 
 
 To record statements.] The county clerk will re- 
 cord in his office all the statements and certificates, 
 that shall have been delivered to him by the board 
 of county canvassers, and keep a proper book for 
 that purpose. 
 
 To prepare three copies.] Of the statement and cer- 
 tificate of the votes for the office of governor, 
 lieutenant governor, judges of the court of ap- 
 peals, justices of the supreme court, clerk for the 
 court of appeals, secretary of state, comptroller, 
 
556 OF THE BOARD OF COUNTY CANVAS3EES. 
 
 treasurer of the state, attorney-general, state en- 
 gineer and surveyor, canal commissioners, in- 
 spectors of state prisons, senators and represen- 
 tatives in Congress, or either of them, he must pre- 
 pare three certified copies under his signature, and 
 sealed with his seal of office. 
 
 To transmit the same to governor, secretary and comp- 
 troller.] Within five days after the adjournment of 
 the board of county canvassers, the county clerk 
 must deposite in the nearest post office, directed 
 to the governor, to the secretary of state and to 
 s the comptroller, each, one of the certified copies 
 of the statement and certificates of votes, so pre- 
 pared by him. 
 
 To deliver copy of certificate to county officers.] He 
 must prepare as many certified copies of each cer- 
 tificate of the determination of the board of county 
 canvassers, as there are persons declared to be 
 elected in such certificate, and without delay, de- 
 liver one of such copies to each person so elected. 
 
 List to be sent to secretary of state.] He is required 
 to transmit to the secretary of state, within twenty 
 days after a general election, and within ten days 
 after a special election, a list of the names of the 
 persons elected in the county as members of As- 
 sembly, and also a list of the names of all persons 
 elected to any county office at such election, with 
 the places of their residence respectively. 
 
 Ballots containing the surname only of the can- 
 didates, should not be. estimated by the canvass- 
 ers in determining the result. The People v. Ste- 
 phens, 5 Hill, 617. It was held by Justice Mason 
 in the case of the People v. Cook, 14 Barb. 309, 
 
OF THE BOARD OF COUNTY CANVASSERS. 557 
 
 that the duty of county canvassers partakes of a 
 two fold character, some of their duties being ju- 
 dicial and some ministerial. In determining 
 whether certain ballots are intended for a given 
 candidate or not, he held that their act was judi- 
 cial, but in certifying a return of the canvass, their 
 act would be regarded as ministerial. But in a re- 
 cent case in Indiana, it was held that the duties 
 of the board of canvassers in canvassing and mak- 
 ing out a statement of the votes was ministerial. 
 Brower v. O'Brien, 2 Carter Rep. 423. The doc- 
 trine was held, in a recent case in Michigan, that 
 the duties of the canvassers were wholly ministerial. 
 The People v. Vanclive, 1 Mann, 362. All the late 
 cases seem to agree in this, that the certificate of 
 the canvassers is only prima facie evidence, and 
 that the party may go behind the certificate to the 
 ballots, and behind any informality of the ballot 
 even. In other words, that it is the will of the 
 electors that entitles the party to the office instead 
 of the certificate of the canvassers. The State v. 
 Giles, 1 Chand. {Wis.) 112. 1 Mann, {Mich.) 362. 
 4 Cow. 297. 8 Id. 102. 20 . Wend. 14. 5 Denio, 
 409. 14 Barb. 259. 4 Selden, 67. 
 
 The judicial power of this board extends no far- 
 ther than to take notice of matters of general no- 
 toriety, for instance, that certain abbreviations are 
 used for particular names. They cannot hear evi- 
 dence to determine the intention of the voters. 4 
 Selden, 67. 
 
558 OF BOAKDS OP EXCISE. 
 
 CHAPTER XXIII. 
 
 OF BOARDS OF EXCISE. 
 
 The law of 1855, entitled "An actfor the preven- 
 tion of intemperance, pauperism, and crime," Laws 
 of 1855, page 340,, while it takes away from boards 
 of excise the right to grant licenses to sell intoxi- 
 cating liquors, does not abolish, it is believed, the 
 board, nor does it take away the right to pass upon 
 the question whether persons proposing to keep 
 houses of entertainment for travellers have the 
 necessary accommodations to entitle them to the 
 privileges of an innkeeper. 
 
 In 1843 an act was passed authorizing the grant- 
 ing of licenses to keep taverns without including 
 the right to sell intoxicating drinks. Laws of 
 1843, page 79. 1 R. S. 86, 4th ed. No fee can be 
 charged for granting such a license. 
 
 Who compose hoard of excise.] The commissioners 
 of excise in each town consist of the supervisor 
 and the justices of the peace of the town. The 
 supervisor and any two justices form a board. If 
 the office of supervisor be vacant, then any three 
 justices of the town may forma board, and if there 
 are not two justices in town, then any two from 
 any adjoining town may be associated with the 
 supervisor. 
 
 When licenses should he granted.] The board have a 
 large discretion in refusing or granting licenses. 
 Ex parte, Parsons, 6 Hill. They should be satisfied 
 that the person applying has the necessary accom- 
 modations to entertain travellers. 1 R. S. 86, 4th ed. 
 
 A person keeping up a sign, without a license, 
 
OF BOARDS OF EXCISE. 559 
 
 indicating that he keeps a tavern, forfeits one dol- 
 lar and twenty-five cents for every day such, sign 
 is kept up. Id. 
 
 A license to keep a tavern under the act of 1843, 
 cannot be granted unless the applicant executes a 
 bond, substantially in the following form : " Know 
 all men by these presents, that we and are 
 held and, firmly bound unto the people of the State 
 of New- York, in the sum of one hundred and twenty 
 five dollars, to be paid to the said people; for 
 which payment well and truly to be made, we 
 bind ourselves, our heirs, executors and adminis- 
 trators, jointly and severally, firmly by these pre- 
 sent. Sealed with our seals. Dated the day 
 of 18 . 
 
 Whereas the above bounden has applied 
 
 to the board of commissioners of excise of , 
 
 in the county of , for a licence to keep an inn 
 
 or tavern: Now, therefore, the condition of this 
 obligation is such that if the said , during 
 
 the time he shall keep an inn or tavern, shall not 
 suffer it to be disorderly, or suffer any cock-fight- 
 ing, gaming, or playing with cards or dice, or keep 
 any billiard table or other gaming table, within 
 the tavern so by him kept, or in any out-house, 
 yard of garden belonging thereto; then this obli- 
 gation to be void, otherwise in force. 
 Sealed and delivered > 
 
 in presence of . ) 
 
 We approve of , as surety in above bond. 
 
 A. B., Supervisor. 
 
 -p' Tj,'' > Justices. 
 
560 OP BOARDS 01? EXCISE. 
 
 The bond being executed, the board may grant 
 a license, but it must express on its face that it res- 
 tricts the party from selling intoxicating liquors. 
 
 Bond when filed.] Such bond must be filed in the 
 town clerk's office within five days after its execu- 
 tion. 
 
 Record.] The board must keep a book in which 
 they must record their proceedings. The minutes 
 of their proceedings may be kept substantially as 
 follows : 
 
 " At a meeting of the commissioners of excise 
 for the town of , in the county of 
 
 on , the day of , 1855. 
 
 Present :• — J. D., Supervisor. 
 
 O. P., ) Justices of 
 L. M., ) the Peace. 
 
 Resolved, That a license to keep a tavern pur- 
 suant to section .1, of chapter 97, of the laws of 
 1843, be granted to A. B." 
 
 The members of the board need not be sworn, 
 as the constitutional oath taken when entering on 
 the duties of their respective offices is deemed 
 sufficient. 
 
TAXES ON LANDS OF NON-RESIDENTS. 561 
 
 CHAP. 421. 
 
 AN ACT in relation to the collection of taxes on lands 
 of non-residents, and to provide for the sale of such 
 lands for whpaid taxes. 
 
 Passed April 13, 1855, three-fifths being present. 
 
 The People of the State of New-York, represented in 
 Senate and Assembly, do enact as follows : 
 
 TITLE I. 
 
 OF THE -PAYMENTS AND RETURNS TO BE MADE BY THE 
 COUNTY TREASURERS, AND THE DUTY OF THE COMP- 
 TROLLER AND OTHER OFFICERS THEREUPON. 
 
 County debts.] § 1. The treasurer of each county 
 shall pay to the creditors of his county, from the 
 moneys paid to him by the collectors, such sums, 
 and in such manner as the board of supervisors 
 shall have directed. 
 
 State tax, when to be paid.] § 2. The several county 
 treasurers shall, on or before the first day of March 
 in each year, pay to the treasurer of this State, the 
 amount of the state tax, if any, raised and paid 
 over to them respectively, retaining the compen- 
 sation to which they may be entitled. 
 
 How paid.] §3. Such payment may also be made 
 by depositing such money, to the credit of the 
 treasurer of this state, in such banks in the cities 
 of New-York or Albany as~ shall have been desig- 
 nated by the comptroller, and shall then be enti- 
 tled to receive the state deposits, and in case of 
 such payment to either of those banks, the county 
 treasurer making it, shall forthwith transmit a 
 certificate of deposit to the comptroller, who shall 
 71 
 
562 TAXES ON LANDS OF NON-RESIDENTS. 
 
 thereupon certify such payment to the state trea- 
 surer, and charge him with the amount thereof. 
 
 Certificates of unpaid taxes.] § 4. Whenever any 
 county treasurer shall receive from a collector an 
 account of unpaid taxes assessed on lands of non- 
 residents, such county treasurer shall compare the 
 same with the original assessment roll, which 
 original rolls the collectors are required in all 
 cases to return and deposit with their respective 
 county treasurers ; and if he finds it to be a true 
 transcript thereof, he shall add to it a certificate 
 showing that he has examined and compared the 
 account with the assessment roll, and ■ found the 
 same to be correct ; and after crediting l the collec- 
 tor with the amount, shall, before the first dsty of 
 April next ensuing, transmit the account and col- 
 lector's affidavit, to the comptroller^ with a certi- 
 ficate that he has compared the account with the 
 entries of the same taxes, in the original assess- 
 ment roll, and has found the same to be a true 
 transcript of such roll. 
 
 Tax on land vacant by removal of occupant.] § 5. If 
 the taxes on any farm or lot of land, assessed to a 
 resident, shall be returned as unpaid, in conse- 
 quence of such premises becoming vacant by the 
 removal of the occupant, before the collection of 
 the tax imposed thereon, or in default of goods 
 and chattels of the occupant to satisfy such tax, 
 the supervisor of the town in which such land was 
 assessed, shall add ^description thereof to the as- 
 sessment roll of the next year in the part thereof 
 appropriated to taxes on lands of non-residents, 
 and shall charge the same with the uncollected 
 
TAXES ON LANDS OP NON-KESIDENTS. 563 
 
 tax of the preceding year ; and the same proceed- 
 ings shall be had thereon, in all respects, as if it 
 was the land of a non-resident, and as if such tax 
 had been laid in the year in which the description 
 is so added. 
 
 Non-resident lands.] § 6. Whenever the taxes upon 
 the lands of a resident shall be returned for non- 
 payment, as provided in the last preceding section, 
 to the county treasurer, the collector shall an- 
 nex to such return an affidavit, stating the reasons 
 why such tax was not collected. Nothing in said 
 last preceding section shall be so construed as to 
 conflict with sections one, two and three of chap- 
 ter four hundred and sixty-one, laws of eighteen 
 hnndred and thirty-six, but they shall be concur- 
 rent- remedies. 
 
 Tax may be paid to treasurer.] § 7. Any person 
 whose lands are assessed, may pay the tax assessed 
 thereon to the treasurer of the county in which such 
 lands were assessed, provided such payment be 
 made to the county treasurer before he shall have 
 made his annual return of the arrears of taxes to 
 the comptroller. The county treasurer shall give 
 a receipt for such payment, and shall also make 
 return thereof to the comptroller. 
 
 Apportionment of state tax.] § 8. The comptroller 
 shall, from the annual returns made to him of the 
 valuations of real and personal estates in the seve- 
 ral counties in this State, charge the several 
 county treasurers with the amount of the state 
 taxes, if any, to be raised in their respective coun- 
 ties, crediting them with their own fees ; but no 
 fees shall be allowed by the comptroller to the 
 
5G4 TAXES ON LANDS OF NON-RESIDENTS. 
 
 county treasurers, in adjusting the accounts of the 
 county treasurers, for such portion of the state tax 
 as is paid by credit given for taxes on non-resident 
 property returned to him. 
 
 Lands imperfectly described.'] § 9. Whenever any 
 account of arrears of taxes on the lands of non- 
 residents shall be transmitted by a county trea- 
 surer to the comptroller, he shall examine them, 
 and reject all taxes that shall be found to be 
 charged on lands imperfectly described, and credit 
 such county treasurer, in a book to be kept by the 
 comptroller for that purpose, with the amount of 
 all arrears of taxes which shall be admitted by him. 
 
 Arrears, how paid.] §10. If the arrears so credited 
 to any county shall exceed the state tax, if any, 
 in said county, the comptroller shall cause the 
 surplus, after deducting therefrom any balance 
 which may be due from such county on account 
 of taxes previously rejected by the comptroller, to 
 be paid out of the treasury of this State, to the 
 treasurer of the county ; and the whole amount of 
 taxes so to be assumed by the State, shall be col- 
 lected for its benefit, in the manner hereinafter 
 provided. If there be no state tax, the whole 
 amount of such arrears, after deducting such 
 balance as above mentioned, shall be paid to the 
 county treasurer. 
 
 Accounts with county treasurer.] §11. The comp- 
 troller shall state the accounts of the several coun- 
 ty treasurers, on the first day of May in every year ; 
 and whenever any part of a state tax shall appear 
 to be unpaid by any county treasurer, the comp- 
 troller shall transmit by mail to such county trea- 
 
TAXES ON LANDS Ol 1 NON-KESXDENTS. 565 
 
 surer a copy of his account, requiring him to pay 
 the balance within thirty days. 
 
 Suits for neglect to pay.] §12. If any county trea- 
 surer shall refuse or neglect to pay such balance 
 within such time, the comptroller shall forthwith, 
 (unless he shall be satisfied by due proof that such 
 treasurer has not received such balance, and has 
 taken all proper steps to collect the same,) deliver 
 a copy of such county treasurer's account to the 
 attorney general, who shall prosecute forthwith ; 
 and the State shall be entitled to recover the 
 balance due, with interest thereon, from the first 
 day of May, in the year when the same ought to 
 have been paid. ' 
 
 Bond to be sued.] §13. The comptroller may also, 
 in his discretion, direct the board of supervisors of 
 the proper county, to institute one or more suits 
 on the bond of such treasurer and his sureties. 
 
 Suits when to be discontinued.] § 14. If the defend- 
 ants in any suits to be brought under either of the 
 last two preceding sections, shall at any time be- 
 fore judgment is obtained therein, pay the balance 
 due the State, with interest, into the treasury, or 
 account for the same to the comptroller, it shall 
 be his duty, on payment of costs of suit, to direct 
 such suits to be discontinued. 
 
 Statement of arrears.] § 15. It shall be the duty of 
 the comptroller, on or before the first Tuesday in 
 October, in every year, to furnish the boards of 
 supervisors of the several counties, from which re- 
 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 
 
566 TAXES ON LANDS OF NON-KESIDENTS. 
 
 treasurers, on account of such arrears during the 
 year preceding. 
 
 Rejected taxes, statement of] § 16. The comptroller 
 shall, on or before the first day of September in 
 each year, transmit by mail or otherwise, to each 
 county treasurer, a transcript of the taxes of the 
 preceding year, assessed in any town of such coun- 
 ty, which shall have been rejected by him, for any 
 cause whatever, stating therein the cause of such 
 rejection. 
 
 Taxes on lands imperfectly described.] § 17. When- 
 ever the comptroller, after having transmitted such 
 annual transcript, shall discover that any taxes 
 credited to a county in the books of his office have 
 been assessed on lands so imperfectly described, 
 that the same cannot in his opinion, be located 
 with certainty, he shall charge such taxes to the 
 treasurer of the county in which such lands shall 
 be, with the 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. 
 
 Transcript to be delivered to supervisors.] § 18. The 
 comptroller shall also transmit, by mail, a tran- 
 script of the returns of such taxes, with the addi- 
 tion of such interest, to the. proper county treasur- 
 er, 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 su- 
 pervisors, at their next meeting. If the town up-- 
 on which such taxes were originally assessed* 
 shall have been divided since such assessment, the 
 
TAXES ON LANDS OF NON-UESIDENTS. 567 
 
 county treasurer shall deliver such transcript to 
 the board of supervisors at their next meeting. 
 
 Description of land to be made.] § 19. Whenever the 
 comptroller shall have rejected any tax, in the first 
 instance, or have charged the same to a county, 
 to which it shall have been credited, on account 
 of any inaccurate or imperfect description of the 
 lands on which such tax was laid, the supervisor 
 of the town in which such lands are situate, shall, 
 if in his power, add to the next assessment roll of 
 such town an accurate description of such lands ; 
 and if necessary, may cause the survey of such 
 lands at the expense of the town ; and the board 
 of supervisors shall charge them with the taxes 
 and interest in arrears, stating the tax of each year 
 separately, and shall direct the collection thereof; 
 and such taxes and interest shall, for all the pur- 
 poses of this act, be considered as the taxes of the 
 year in which the descriptions shall be perfected. 
 
 If not made, tax assessed upon town-.] § 20. If an ac- 
 curate description of such lands 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 as- 
 sessment roll, and shall direct the same to be col- 
 lected with the other taxes of the same year. 
 
 How assessed in case of division of town.] §21. If 
 the town in which such taxes were originally as- 
 sessed, shall have been divided since such assess- 
 ment, then such taxes and interest shall be appor- 
 tioned by the board of supervisors among the towns 
 
568 TAXES ON LANDS OF NON-RESIDENTS. 
 
 included in the limits of such original towns, in 
 such equitable manner as they may deem proper. 
 
 Tax when cancelled.'] § 22. Whenever it shall be 
 made to appear to the comptroller that any tax 
 returned as unpaid was previously to such return 
 paid to the collector or county treasurer, the comp- 
 treller shall cancel such tax on the books of his 
 office ; and if the same shall have been also paid 
 into the state treasury, he shall cause it to be re- 
 paid out of the treasury, to the person by whom 
 such payment shall have been made. 
 - Account to be transmitted to supervisors.] §23. When- 
 ever any tax shall be so cancelled by the comp- 
 troller, he shall transmit an account thereof to the 
 treasurer of the proper county, who shall cause the 
 same to be laid before the board of supervisors 
 thereof, and the amount of such tax with the in- 
 terest shall be collected by them of the collector 
 or county treasurer, who made such erroneous re- 
 turns, and be paid into the treasury of this State. 
 
 Overpaid taxes.] § 24. Whenever it shall appear 
 satisfactorily to the comptroller that the amount 
 of any tax has been paid, and afterwards other 
 money has been paid into the treasury of this 
 state, on account of such tax ; and in cases where 
 it shall appear that the amount due for any tax 
 has been overpaid, he may draw his warrant on 
 the treasurer for the amount so overpaid, in favor 
 of the person who may have made such payment. 
 
 Losses by default.] §25. All losses which may be 
 sustained by the default of the collector of any 
 town or ward, shall be chargeable on such town 
 or ward. All losses which may be sustained by 
 
TAXES ON LANDS OF NON-RESIDENTS. 569 
 
 the default of the treasurer of any county in the 
 discharge of the duties imposed by this act, shall 
 be chargeable to such county. And the several 
 boards of supervisors shall add such losses to the 
 next year's taxes of such-town or county. 
 
 Interest on unpaid taxes.] §26. If any tax charged 
 on lands of non-residents, or lands returned as un- 
 der section five of this act, shall remain 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 often per cent., until the same shall be duly 
 paid or the lands sold, as hereinafter provided. 
 
 Certificate of taxes due.] § 27. The comptroller shall 
 from time to time, give to any person requiring the 
 same, a certificate of the amount of any tax, in- 
 terest and charges, due on any tract, piece or par- 
 cel of land ; and the state treasurer may receive 
 such tax, interest and charges, and give a receipt 
 therefor upon such certificate, which shall be coun- 
 tersigned by the comptroller, and entered in the 
 books of his office. 
 
 Persons may pay tax for their interest in lands.] 
 § 28. Whenever a sum in gross is assessed upon 
 any tract, piece or lot of land, any person claim- 
 ing a divided or undivided part thereof, may pay 
 to the treasurer of the State any part of the tax, 
 interest, and charges due thereon, proportionate to 
 the number of acres claimed by him, on the cer- 
 tificate of the comptroller ; and the remaining tax, 
 interest and charges shall be a lien on the residue 
 of the land only. * 
 
 Map of sub-divisions.] §29. If the tract be subdi- 
 
 72 
 
570 TAXES ON LANDS OF NON-RESIDENTS. 
 
 vided, the person wishing to pay the tax upon a 
 divided part of it, shall deliver to the comptroller 
 a map of the subdivisions if required by him. 
 
 Taxes how paid.] §30. Any person may pay the 
 " tax for any one year, and the interest and charges 
 thereon, on any tract or lot of land, without pay- 
 ing 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 overcharged shall be 
 deducted, or if the tax shall have been paid ac- 
 cording to such return, shall be refunded out of the 
 treasury, on satisfactory proof being produced to 
 the comptroller of the quantity actually contained 
 in such tract or lot, at any time before the sale of 
 such lands ; but no such overcharge shall be can- 
 celled, nor shall such overpayments be refunded 
 unless application shall be made to the comptrol- 
 ler therefor within six years after the assessment 
 of such overcharge. « 
 
 Overcharges to be re-charged to county.] §31. If the 
 whole amount of the tax, in case of such over- 
 charge, shall have been paid to the county trea- 
 surer, out of the treasury of this State, the comp- 
 troller shall charge the amount so refunded, with 
 interest and charges thereon, to the treasurer of 
 the county from which the tax was returned, and 
 shall transmit an account thereof to him. 
 
 Town to be liable therefor.} § 32. Such county trea- 
 surer shall deliver such account to the board of 
 supervisors, at their then next meeting, who shall 
 cause the amount thereof to be added to the pro- 
 
TAXES ON LANDS OF NON-RESIDENTS. 571 
 
 portion of the charges of the county to be raised 
 in the town in which the tax was laid. 
 
 TITLE II. 
 
 OF SALES FOE UNPAID TAXES, AND THE CONVEYANCE AND 
 REDEMPTION OF LAND SOLD, ETC. 
 
 Land when to be sold.] § 33. Whenever any tax 
 charged on lands returned to the comptroller, and 
 the interest thereon, shall remain unpaid for two 
 years from the first day of May following the year 
 in which the same was assessed, the comptroller 
 shall proceed to advertise and sell such land in the 
 manner hereinafter provided. , 
 
 List of lands, and notices of sale.] § 34. He shall 
 make out a list or statement of the lands charged 
 with such tax and interest, and so liable to be 
 sold ; and shall cause so many copies thereof to 
 be printed, as shall be sufficient to furnish each 
 county treasurer with at least five copies, and each 
 town clerk with at least two copies, and shall 
 transmit to each county treasurer such number of 
 said copies as shall be equal to five copies for such 
 county treasurer, and two copies for each town 
 clerk in his county. ' And the comptroller shall 
 also make and transmit to the county treasurer of 
 each county, a list or statement of all the lands in 
 such county charged with such tax and interest, 
 who, in addition to publication in the state paper, 
 shall cause the same to be correctly published and 
 printed in each of the papers in his county desig- 
 nated by the board of supervisors for publishing 
 the session laws, for the space of ten weeks prior 
 to the commencement of such sale. If no news- 
 
572 TAXES ON LANDS OF NON-RESIDENTS. 
 
 paper shall have been designated to print the laws 
 in any county, such list or statement shall be pub- 
 lished in two newspapers of such county to be se- 
 lected by the county treasurer ; and if there shall 
 not be two newspapers published in such county, 
 then in two papers which the county treasurer 
 shall ascertain to be most generally circulated in 
 such county. But no error in the printed descrip- 
 tion in such newspapers shall vitiate or in any 
 manner affect the validity of such sale ; and all 
 expenses of printing such list or statement shall 
 be audited by the comptroller and paid out of the 
 treasury of this State, on receiving one copy of the 
 newspaper containing the same, with an affidavit 
 of the publication of such list or statement accord- 
 ing to the provisions of this section, to be made by 
 the printer, publisher, or some person to whom the 
 fact of such publication shall be known. 
 
 Lists how transmitted.] § 35. The comptroller may 
 employ agents or messengers to transmit to such 
 of the county treasurers as he may think proper, 
 the copies of such lists of lands liable to be sold 
 for taxes j and the agents or messengers so em- 
 ployed shall require of each county treasurer to 
 whom they shall deliver such copies, an acknow- 
 ledgment, in writing, of the receipt thereof; which 
 acknowledgments shall be delivered by such 
 agents or messengers to the comptroller, at least 
 eighteen weeks before the commencement of the 
 sale of the lands mentioned in such lists. 
 
 Pay of agents.] § 36. The reasonable compensa- 
 tion of such agents or messengers shall be fixed by 
 the comptroller, and paid out of the treasury ; but 
 
TAXES ON LANDS OF NON-KESIDENTS. 573 
 
 the same shall not, in any case, exceed the amount 
 of postage which would have been charged on the 
 copies transmitted by such agents or messengers, 
 if they had been transmitted by mail. 
 
 Expenses how paid.'] §37. The expenses incurred 
 by the State in printing and transmitting any list 
 of lands liable to be sold for taxes, and in publish- 
 ing notices of sale, shall be charged on the lands 
 mentioned in said list, and shall be apportioned 
 among the several tracts or parcels of such land, 
 in such proportions as the comptroller shall deem 
 just. 
 
 Copies in treasurer's office.] § 38. The county trea- 
 surers shall retain in their office five of the copies 
 transmitted to them, and shall permit all persons, 
 at all reasonable hours, to examine the same ; and 
 shall cause the remaining copies to be delivered 
 to the town clerks. 
 
 Treasurer's expenses.] § 39. The expenses which 
 may be incurred by the county treasurer, in the 
 transmission of such lists, shall be audited and 
 paid as contingent expenses of the county. 
 
 Notice by town clerk.] §40. Every town clerk to 
 whom such copies shall be delivered, shall give 
 notice at the opening of every town meeting for 
 the election of town officers, that lists of all lands 
 advertised for sale for taxes by the comptroller, 
 are deposited in his office, and that they may be 
 there seen and examined, at all reasonable hours, 
 free of expense. 
 
 General notice.] §41. After transmitting such lists 
 to the county treasurers, the comptroller shall 
 cause to be published, once in each week, for 
 
574 TAXES ON LANDS OF NON-RESIDENTS. 
 
 twelve weeks successively, in all the newspapers 
 in this State, designated by the board of supervi- 
 sors of the several counties for printing the laws, 
 under the provisions of the act entitled " An act 
 for the publication of the session laws in two 
 newspapers in each county in this State," passed 
 May fourteenth, one thousand eight hundred and 
 forty-five, a general notice, stating that a list of 
 all the lands liable to be sold for taxes has been 
 forwarded to each of the county treasurers and 
 town clerks in this state, and that so much of the 
 said lands as may be necessary to discharge the 
 taxes, interest, and charges which may be due 
 thereon at the time of sale, will, on a day to be 
 mentioned in such notice, and the succeeding 
 days, be sold at public auction at the capitol in 
 the city of Albany. 
 
 Affidavit of publication.] § 42. Every printer to 
 whom such notice shall be transmitted for publi- 
 cation, shall, within twenty days after the last 
 publication thereof, transmit to the comptroller an 
 affidavit of due publication, made by some person 
 to whom the fact of publication shall be known. 
 
 Maps of lands sold.] § 43. Whenever the comp- 
 troller, preparatory to a sale of lands for taxes, 
 shall deem it necessary, in order to test the cor- 
 rectness of the descriptions thereof, he may apply 
 to the board of supervisors of any county, for maps 
 of any tracts of land charged with taxes, and re- 
 turned from such county. And the board of su- 
 pervisors to whom such application shall be made, 
 shall furnish such maps, at the expense of the 
 county, if they can be procured, and if not, they 
 
TAXES ON LANDS OF NON-RESIDENTS. 575 
 
 shall then furnish such descriptions of the land as 
 they can obtain, with a statement of the quantity 
 in each subdivision, if the same be divided. 
 
 Sale.] §44. On the day mentioned in the no- 
 tices, the comptroller shall commence the sale of 
 such lands, and shall continue the same from day 
 to day, until so much of each parcel so assessed, 
 shall be sold, as will be sufficient to pay the taxes, 
 interest and charges thereon. 
 
 Bids how paid.] § 45. The purchasers at such sale 
 shall pay the amount of their respective bids to 
 the state treasurer, within forty-eight hours after 
 the last day of the sale; and if any such purcha- 
 ser shall refuse or neglect to pay the same within 
 that time, the comptroller may state an account 
 against him, and deliver it to the attorney general, 
 who shall be entitled to recover the same from 
 the purchaser, by an action in the name of the 
 people of this state; and for that purpose he shall 
 forthwith cause a suit to be instituted therefor ; or 
 the comptroller may, in his discretion, re- sell the 
 said lands upon which such bids so remaining un- 
 paid were made, as hereinafter provided. 
 
 Certificate of purchase.] §46. After such payment 
 shall have been made, the comptroller shall give 
 to the purchaser of any such lands, a certificate in 
 writing, describing the lands purchased, the sum 
 paid, and the time when the purchaser will be 
 entitled to a deed. 
 
 Cancellation of sales. § 47. At any time after the 
 expiration of three months from the conclusion of 
 any sale of lands for taxes, pursuant to this act, 
 when any purchaser at such sale shall not have 
 
576 TAXES ON LANDS OF NON-RESIDENTS. 
 
 paid the amount of his bid, or the same shall not 
 have been collected from him, it shall be lawful 
 for the comptroller to cancel such sale, by which 
 all the rights of the said purchaser under such bid 
 shall be extinguished. 
 
 New certificate.} §48. When the comptroller shall 
 have cancelled any sale in the manner above 
 provided, he may issue a certificate of such sale 
 to any other person who will pay the amount for 
 such certificate which would be payable by the 
 original purchaser, in case the said sale had not 
 been cancelled, or if such certificate cannot be 
 sold, he may transfer the same to the people of 
 the State. 
 
 Change of purchaser.] §49. The change of pur- 
 chaser shall be noted in the sales book, and the 
 time when made ; and the certificate issued to 
 such new purchaser, shall confer the same right 
 to him and his legal representatives, as he would 
 have acquired had he been the successful bidder 
 at the sale. 
 
 Time for redemption.] § 50. The owner or occupant 
 of any land sold for taxes, or any other person, 
 may redeem the same, as hereinafter provided, at 
 any time within two years after the last day of 
 such sale, by paying to the state treasurer, on the 
 certificate of the comptroller, for the use of the 
 purchaser, his heirs or assigns, the sum mentioned 
 in his certificate, with interest at the rate of ten 
 per cent per annum, from the date of such certifi- 
 cate. 
 
 Undivided parts.] §51. Any person claiming an 
 undivided part of any tract, lot or piece of land sold 
 
TAXES ON LANDS OP NON-KESIDENTS. 577 
 
 for taxes, may redeem the same on paying as afore- 
 said, such proportion of the purchase money and 
 interest as he shall claim of the lands sold. 
 
 Undivided share of undivided part.] § 52. Any per- 
 son claiming an undivided share in any tract or 
 lot of land out of which an undivided part shall 
 have been sold for taxes, may redeem his undivided 
 share by paying as aforesaid, such proportion of 
 the purchase money and interest as he shall claim 
 of the lands sold. 
 
 Specific parts.] §53. Any person claiming a specific 
 part of any tract, lot or piece of land sold for taxes, 
 may redeem his specific part by paying as afore- 
 said, such proportion, of the purchase money and 
 interest as his quantity of acres shall bear to the 
 whole quantity of acres sold. 
 
 Specific part of undivided tract.] § 54. Any person 
 claiming a specific part of any tract or lot of land 
 out of which an undivided' part shall have been 
 sold for taxes, charged on the whole tract or lot, 
 may redeem his specific part by paying as afore- 
 said, such proportion of the purchase money and 
 interest as his quantity of acres shall bear to the 
 whole quantity taxed. 
 
 Proportional parts, how paid.] § 55. Any person 
 claiming a specific part of any tract or lot of land 
 out of which a specific part belonging to some 
 other person, shall have been sold for taxes charged 
 on the whole tract or lot, may exonerate himself 
 from all liability to contribute to the owner of the 
 part sold, by paying as aforesaid, at any time be- 
 fore the expiration of the time allowed for the re- 
 demption, such proportion of the purchase money 
 73 
 
578 TAXES ON LANDS OP NON-RESIDENTS. 
 
 and interest as his quantity of acres shall bear to 
 the whole quantity taxed ; and such payment shall 
 operate as redemption of a proportionate part, ac- 
 cording to the amount paid, of the land sold. 
 
 Partial redemptions.] §56. In every case of a par- 
 tial redemption, pursuant to either of the last five 
 sections, the quantity sold shall be reduced in pro- 
 portion to the amount paid on such partial re- 
 demption; and the comptroller shall convey ac- 
 cordingly. 
 
 Taxes on land conjointly sold. .] §57. Whenever the 
 lands of any one person shall be sold for taxes as- 
 sessed conjointly on the lands of such person and 
 the lands of another person, and such other person 
 shall not pay his due proportion under section fifty- 
 two of this act, the person whose lands shall be 
 sold may redeem the same on paying, as aforesaid, 
 the purchase money and interest ; and he shall be 
 entitled to recover from such other person whose 
 lands were assessed with his, a just proportion of 
 the redemption moneys so paid, with lawful in- 
 terest from the time of such redemption; but no 
 suit shall be brought for the recovery of such pro- 
 portion, until after the expiration of the time al- 
 lowed for redemption. 
 
 Suits for proportion of value.] §58. If such owner 
 shall not redeem the land sold, and the same shall 
 be conveyed by the comptroller, such owner may 
 recover from such other person the same propor- 
 tion of the value of the land sold and conveyed, 
 that he ought to have paid of the tax, interest and 
 charges for which the land shall have been sold. 
 In all actions under this or the last preceding sec- 
 
TAXES ON LANDS OF NON-RESIDENTS. 579 
 
 tion, the certificate of the state treasurer, counter- 
 signed by the comptroller, duly stating the facts in 
 relation to such redemption or sale and conveyance, 
 shall be presumptive evidence of such payment, 
 and of all facts therein stated. 
 
 Lien of judgment.'] §59. Every judgment obtained 
 under either of the last two sections, shall have 
 priority, as against the lands of the defendants 
 therein, on which the tax was assessed, and for 
 which such proportional part ought to have been 
 paid, to all mortgages executed, and all judgments 
 recovered since the twenty-third day of April, eigh- 
 teen hundred and twenty-three. 
 
 Docket, how made.] §60. But such judgment shall 
 not be entitled to such priority, unless at the time 
 of docketing the same the plaintiff cause an entry 
 to be made by the clerk in the docket thereof, 
 specifying that such judgment has priority, as a 
 lien on certain lands, over mortgages and other 
 judgments pursuant to the laws regulating the col- 
 lection of taxes, which entry shall be a part of such 
 docket. 
 
 Notice of unredeemed lands.] §61. The comptroller 
 shall, at least six months before the expiration of 
 the two years allowed for redemption, prepare a 
 notice for each county, in which there shall then 
 appear to be any lands sold for taxes and unre- 
 deemed, specifying particularly every parcel re- 
 maining unredeemed, and the amount necessary 
 to redeem the same, calculated to the last day on 
 which such redemption can be made, and stating 
 that unless such lands are redeemed by a certain 
 day, they will be conveyed to the purchaser ; and 
 
580 TAXES ON LANDS OF NON-RESIDENTS. 
 
 he shall cause such notice to. be published once in 
 each week, for at least six weeks successively, in 
 the newspapers designated by the boards of super- 
 visors of such counties respectively to publish the 
 session laws; such publication to be in the body 
 of the newspaper, and not in a supplement ; and 
 the said six weeks publication to be completed at 
 least eighteen weeks before the expiration of the 
 two years allowed for the redemption. The boards 
 of supervisors of the respective counties shall audit 
 and pay the expenses of such publication. 
 
 Hoiu published.'] § 62. If no newspapers shall have 
 been designated to print the laws in any county 
 in which such lands are situated, such notices, 
 and lists or statements, shall be transmitted and 
 published as above provided, in two newspapers 
 of such county, to be selected by the comptroller; 
 and if there shall not be two newspapers published 
 in such county, then in the two newspapers which 
 the comptroller shall believe to be most generally 
 circulated in such county. 
 
 Deeds.] § 63. If no person shall redeem such 
 lands within such two years, the comptroller shall, 
 at the expiration thereof, execute to the purchaser, 
 his heirs or assigns, in the name of the people of 
 this State, a conveyance of the real estate so sold, 
 which shall vest in the grantee an absolute estate 
 in fee simple ; subject, however, to all the claims 
 which the people of this State may have thereon 
 for taxes, or other liens or incumbrances. 
 
 Lost certificate.] Whenever any certificate, given 
 by the comptroller for lands sold for taxes, shall 
 be lost, or wrongfully withheld by any person from 
 
TAXES ON LANDS OF NON-RESIDENTS. 581 
 
 the owner thereof, the comptroller may receive 
 evidence of such loss or wrongful detention, and 
 on satisfactory proof of the fact, may execute and 
 deliver a deed to such person, as may appear to 
 him to be the rightful owner of the land described 
 in the certificate. ' 
 
 Conveyances, how executed.'] § 65. Such conveyance 
 shall be executed by the comptroller, under his 
 hand and seal, and the execution thereof shall be 
 witnessed by the deputy comptroller, surveyor 
 general or treasurer, and all conveyances hereafter 
 executed by the comptroller, of lands sold by him 
 for taxes, shall be presumptive evidence that the 
 sale, and all proceedings prior thereto, from and 
 including the assessment of the land, and all no- 
 tices required by law to be given previous to the 
 expiration of the two years allowed to redeem, 
 were regular, according to the provisions of this 
 act, and all laws directing or requiring the same, 
 or in any manner relating thereto. 
 . Bids for State.] § 66. It shall be the duty of the 
 comptroller to bid in for the . State, at any sale of 
 land for taxes, every lot of land by him put up for 
 which no person shall offer to bid; and certifi- 
 cates of such sale shall be made by the comptrol- 
 ler, which shall describe the lands purchased, and 
 specify the time when the people of this State will 
 be entitled to a deed. Such purchases shall be 
 subject to the same right of redemption as pur- 
 chases by individuals ; and if the lands sold shall 
 not be redeemed, the comptroller shall execute a 
 release therefor, to the people of this State, or their 
 assignees, which shall have the same effect, and 
 
582 TAXES ON LANDS OP NON-ItESIDENTS. 
 
 become absolute in the same time, and on the 
 performance of the like conditions, as in the case 
 of sales and conveyances to individuals. 
 
 Sale of lands bid in by comptroller.] §67. At any- 
 time before the expiration of the two years allowed 
 to redeem, the comptroller may sell and assign all 
 the interest of the people of this State, in any or all 
 such certificates as mentioned in the last prece- 
 ding section, either at public or private sale, as to 
 him may seem most for the interest of the people 
 to any person who shall forthwith pay into the 
 state treasury the amount of the purchase money 
 charged him by the comptroller ; and the assignee 
 of such certificate, if the lands therein described 
 shall not be redeemed, shall be entitled to a deed 
 therefor, which shall have the same effect, and be- 
 come absolute in the same time, and on the per- 
 formance of the like conditions, as in the case of 
 conveyances under the last preceding section. 
 
 Notice to occupants.] § 68. "Whenever any lot or 
 separate tract of land sold for taxes by the comp- 
 troller, and conveyed as hereinbefore provided, 
 shall, at the time of the expiration of the two years 
 given for the redemption thereof, or any part 
 thereof, be in the actual occupancy of any person, 
 the grantee to whom the same shall have been 
 conveyed, or the person claiming under him, shall 
 serve a written notice on the person occupying 
 such land, within two years from the expiration 
 of said time to redeem ; stating in substance, the 
 sale and conveyance, the person to whom made, 
 and the amount of the consideration money men- 
 tioned in the conveyance, with the addition of 
 
TAXES ON LANDS OF NON-EESIDENTS. 583 
 
 thirty-seven and a half per cent on such amount, 
 and further addition of the sura paid for the deed ; 
 and stating also, that unless such consideration 
 money and the said thirty-seven and a half per 
 cent, together with the sum paid for the deed, 
 shall be paid into the treasury for the benefit of 
 such grantee, within six months after the time of 
 filing in the comptroller's office of the evidence of 
 the service of the said notice, that the said con- 
 veyance will become absolute, and the occupant 
 and all others interested in the land, be forever 
 barred from all right or title thereto. And no 
 conveyance made in pursuance of this section shall 
 be recorded, until the expiration of such notice, 
 and the evidence of the service of such notice shall 
 be recorded with such conveyance. 
 
 Notice how served.] § 69. Such notice may be serv- 
 ed personally, or by leaving the same at the dwel- 
 ling house of the occupant, with any person of 
 suitable age and discretion, belonging to his fam- 
 ily. 
 
 Redemption.] § 70. The occupant, or any other 
 person, may, at any time within the six months 
 mentioned in such notice, redeem the said land, 
 by paying into the treasury, such consideration, 
 money, with the addition of thirty-seven and a 
 half per cent thereon, and the amount that shall 
 have been paid for the deed ; and every such re- 
 demption shall be^as effectual as if made before 
 the expiration of the two years allowed to redeem 
 the land sold. 
 
 Certificates.] §71. Upon such redemption as pro- 
 vided for in the last preceding section, the comp- 
 
584: TAXES ON LANDS OP NON-RESIDENTS. 
 
 troller shall give to the person redeeming, a cer- 
 tificate under his hand and seal, stating the pay- 
 ment, the year in which the sale was made, and 
 showing particularly what land such payment is 
 intended to redeem ; and such certificate shall be 
 evidence of such redemption, and may be record- 
 ed by the clerk of the county in the book for the 
 recording of deeds. 
 
 Affidavit of service of notice.] §72. In every case of 
 actual occupancy, the grantee, or the person claim- 
 ing under him, in order to complete his title to the 
 land conveyed, shall within one month after the 
 service of such notice, file with the comptroller a 
 copy of the notice served, together with the affi- 
 davit of some person who shall be certified as 
 credible, by the officer before whom such affidavit 
 shall be taken, that such notice as is above re- 
 quired, was duly served, specifying the mode of 
 service. 
 
 Comptroller's certificate of facts.] § 73. If the comp- 
 troller shall be satisfied by such copy and affida- 
 vit that the proper notice has been duly served, 
 and if the moneys required to be paid for the re- 
 demption of such land shall not have been paid, 
 as hereinbefore provided, he shall under his hand 
 and seal, certify such facts, and the conveyance 
 before made shall thereupon become absolute; 
 and the occupant, and all others interested in said 
 lands shall be forever barred of all right and title 
 thereto. 
 
 Occupant may redeem.] § 74. The occupant of any 
 such lot, or any other person may at any time be- 
 fore the service of said notice by the purchaser, or 
 
TAXES ON LANDS OF NON-RESIDENTS. 585 
 
 the person claiming under him, redeem any lands 
 so occupied, by filing in the office of the comptrol- 
 ler satisfactory evidence of the occupancy requir- 
 ed, and by paying to him the consideration money 
 for which the lands to be redeemed were sold, and 
 thirty-seven and a half per cent thereon together 
 with the sum paid for the deed if any. 
 
 Treasurer's receipt. .] § 75. Upon any redemption 
 being made, as permitted in the last preceding sec- 
 tion, the receipt of the treasurer to whom the pay- 
 ment is made accompanied by the comptroller's 
 certificate, as required by section sixty-eight of 
 this act, and further stating, that such redemption 
 was made without notice, shall be presumptive 
 evidence that such land has been correctly re- 
 deemed. 
 
 Mortgage liens not affected.'] §75. No sale of real 
 estate hereafter made for the non-payment of any 
 tax or assessment, shall destroy, or in any manner 
 affect the lien of any mortgage thereon, duly 
 recorded or registered at the time of such sale, 
 except as hereinafter provided. 
 
 Notice to mortgagee.} § 77-. It shall be the duty of 
 the purchaser at such sale, to give to the mortga- 
 gee a written notice of such sale, requiring him 
 to pay the amount of the purchase money, with 
 interest, at the rate allowed by law thereon, with- 
 in six months after the giving of such notice. 
 
 Mortgagee's lien.] § 78. If such payment shall be 
 made, the sale shall be of no further effect, and 
 the mortgagee shall have a lien on the premises 
 for the amount paid, with the interest which may 
 thereafter accrue thereon, at the rate of seven per 
 
 74 
 
586 TAXES ON LANPS OP NON-BESIDENTS. 
 
 cent per annum, in like manner as if the same had 
 been included in his mortgage. 
 
 Failure to pay.] §79. In case the mortgagee shall 
 fail to make such payment within the time so 
 limited, he shall not be entitled to the benefit of 
 section seventy-six of this act. 
 
 Mortgagees defined.] § 80. The term "mortgagee," 
 as used in this act, shall be construed to include 
 assignees whose assignment shall be duly record- 
 ed, and personal representatives ; and the term 
 " purchaser," shall be construed to include as- 
 signees, and real or personal representatives, as 
 the case may be. 
 
 Notices,Jiow served.] § 81. The notice required by 
 section seventy-seven of this act, may be given 
 either personally or in the manner required by law, 
 in respect to notices of non-acceptance or non- 
 payment of notes or bills of exchange, and a no- 
 tarial certificate thereof shall be presumptive evi- 
 dence of the fact ; such certificates may be record- 
 ed in the county in which the mortgage was re- 
 corded, in the same manner and with the same 
 effect as is by law prescribed in respect to deeds 
 or other evidences of title of real estate. 
 
 Notices, to whom directed.] § 82. The notice required 
 to be given under the last preceding five sections, 
 in cases of sales by the comptroller, shall be di- 
 rected only to such persons as shall within two 
 years from the time of such sale file in the office 
 of the comptroller, a notice stating the name of 
 the mortgagor and mortgagee, the -date of the 
 mortgage, and the amount claimed to be due there- 
 on, and the county, town and tract in which the 
 
TAXES ON LANDS OF NON-RESIDENTS. 587 
 
 mortgaged premises are situated, with the number 
 of the lot on which said mortgage is claimed to he 
 a lien, with the name of the person or persons 
 claiming notice, their residence, and the post-office 
 to which such notice shall be addressed ; in case 
 such mortgagee or other person shall omit or neg- 
 leet to file such notice with the comptroller with- 
 in the said two years, then said mortgagee or other 
 person shall be barred from all claim to redemp- 
 tion by virtue of said mortgage, and the title of the 
 purchaser shall become valid and effectual the 
 same as if such mortgage had not existed. 
 
 Invalid sale.] §83. Whenever the comptroller shall 
 discover, prior to the conveyance of any lands sold 
 for taxes, that the sale was for any cause whatever 
 invalid or ineffectual to give title to the lands sold, 
 the lands so improperly sold shall not be conveyed, 
 but the comptroller shall cancel the sale, and forth- 
 with cause the purchase money and interest there- 
 on to be refunded out of the state treasury to the 
 purchaser, his representatives or assigns. 
 
 Jlrror, how charged.] § 84. If the error originated 
 with the county or town officers, the sum so paid 
 shall be a charge against the county from which 
 the tax was returned ; and the board of supervi- 
 sors shall cause the same to be assessed, levied, 
 collected, and paid to the treasurer of this State. 
 
 Cancelling sale and refunding money.] § 85. If the 
 discovery that the sale was invalid shall not be 
 made until after the conveyance shall have been 
 executed fbr the lands sold, it shall be the duty of 
 the comptroller, on receiving evidence thereof, to 
 cancel the sale, to refund out of the state treasury 
 
588 TAXES ON LANDS OF NON-RESIDENTS. 
 
 to the purchaser, his representatives or assigns, the 
 purchase money, and interest thereon, and to re- 
 charge the county from which the tax was re- 
 turned, with the amount of purchase money, and 
 interest at the rate of seven per cent from the time 
 of the sale, and such county shall cause the same 
 to be levied and paid, as provided in the last pre- 
 ceding section. 
 
 Expenses of sales.] §86. The expenses attending 
 the sales for taxes out of this act, including a due 
 proportion of the expenses, of publishing lists and 
 notices and transmitting copies thereof, and not 
 hereinbefore provided for, shall be a charge on the 
 lands out of which the sales are made; and an 
 equal part of such expense shall be added to the 
 taxes, interest, and other charges, on each parcel 
 of land out of which a sale may be made. 
 
 Moneys to be paid into treasury.] § 87. The moneys 
 received upon every such sale for taxes and inte- 
 rest, and also for the expenses of sale, shall be paid 
 into the state treasury, and the accounts of persons 
 entitled to any portion of the moneys. so received, 
 for such expenses, shall be audited by the comp- 
 troller, and paid out of the state treasury. 
 
 Neglect of duty.] § 88. If any of the officers con- 
 cerned in the execution of this act, shall wilfully 
 neglect or refuse to perform the duties assigned 
 them, such officer shall be deemed guilty of amis- 
 demeanor, and, on conviction, shall be punished 
 by fine or imprisonment, or both, in the discretion 
 of the court. ' ' 
 
 Pay of county treasurers.] § 89. The county trea- 
 surers of the several counties of this state, shall 
 
TAXES ON LANDS OF NON-RESIDENTS. 589 
 
 not, after the thirty-first day of May next, receive 
 any moneys in payment of the taxes of eighteen 
 hundred and fifty-two and eighteen hundred and 
 fifty-three, but they shall forthwith transmit to the 
 state treasurer all money received by them in pay- 
 ment of such taxes, and the interest thereon up 
 to that time, and shall at the same time furnish 
 the comptroller with a full account of the same, 
 exhibiting the . lots, tracts, pieces, or parcels of 
 land, particularly describing each as described in 
 the books of his office, upon which such taxes 
 were paid ; the amount paid upon each, and the 
 year for which such tax was paid ; and if any part 
 of such money shall have been paid on parts of 
 lots or tracts, upon certificates made by the comp- 
 troller, the description of such part shall be the 
 same as contained in such certificate. 
 , Payments how audited.'] § 90. The comptroller 
 shall, upon the receipt of such account, cause all 
 payments therein to be duly credited to the several 
 tracts, pieces or lots of lands so paid, on the books 
 in his office, as specified by section thirty-nine of 
 chapter two hundred and ninety-eight, of the laws 
 of one thousand eight hundred and fifty ; and the 
 comptroller shall, on and after the first day of June 
 next, be invested with all the powers and duties 
 relating to the collection of saidtaxes of one thou- 
 sand eight hundred and fifty-two and one thou- 
 sand eight hundred and fifty- three, and the sale of 
 lands for nonpayment of the same, as are con- 
 ferred by this act in relation to unpaid taxes here- 
 after to be returned to, and admitted to the comp- 
 troller. 
 
590 TAXES ON LANDS OP NON-KESIDENTS. 
 
 Exceptions.] § 91. The provisions of this act (ex- 
 cept sections two, three, eight, twelve, thirteen 
 and fourteen,) shall not in any manner affect or , 
 apply to the city and county of New- York, the city 
 of Albany, the city of Brooklyn, in the county of 
 Kings, or the village of Williamsburgh, in said 
 county of Kings ; and in said sections the words 
 " county treasurer" shall be construed to include 
 the chamberlain of the city and county of New- 
 York. 
 
 Repeal.] § 92. The act entitled " An act in rela- 
 tion to the collection of taxes on lands of non-resi- 
 dents, and to provide for the sale of such lands in 
 the counties where they are assessed," passed 
 April ten, one thousand eight hundred and fifty, 
 and the act entitled " An act in relation to the 
 publication of notices previous to the conveyances 
 of lands sold for taxes," passed April six, one 
 thousand eight hundred and fifty, and all laws in- 
 consistent with this act, are repealed : but the re- 
 peal or anything contained, except section thirty, 
 in relation to the cancellation of overcharged 
 taxes, and sections eighty-nine and ninety, in re- 
 lation to the taxes of the years one thousand eight 
 hundred and fifty-two and one thousand eight 
 hundred and fifty-three, shall not in any manner 
 affect any tax levied or assessed in either of the 
 years one thousand eight hundred and forty-nine, 
 one thousand eight hundred and fifty and one 
 thousand eight hundred and fifty-one, nor any 
 proceeding for the collection thereof, by sale of 
 the land taxed or otherwise ; nor the rights of any 
 person which have accrued or may accrue by 
 
TAXES ON LANDS OF NON-RESIDENTS. 591 
 
 reason of any such sale or proceeding, nor the 
 powers of county treasurers in relation to the col- 
 lection of the taxes of eighteen hundred and fifty- 
 two and eighteen hundred and fifty-three, except 
 as provided by sections eighty-nine and ninety, of 
 this act above mentioned ; and all taxes hereto- 
 fore levied or assessed, which have been or shall 
 be hereafter rejected by the comptroller, and 
 shall be hereafter returned to him, after having 
 been duly relaid or reassessed, with corrected de- 
 scriptions, shall, for the purpose of this act, be 
 deemed to have been levied and assessed in, and 
 to be the taxes of the year in which the taxes were 
 so relaid and the description perfected. 
 
APPEM1 OF FORMS. 
 
 [ No. 1. ] 
 
 Constitutional oath. 
 I do solemnly swear (or affirm, as the case may be,) that I will 
 support the constitution of the United States, and the constitution 
 of the State of New- York, and that I will faithfully discharge the 
 duties of the office of according to the best of my 
 
 ability. 
 
 Subscribed and sworn before me, ) 
 this day of , 18 . \ A. H. S. 
 
 S. C. 
 
 [No. 2. J 
 Form for keeping supervisor's book. 
 
 J. K., supervisor of the town of 
 said town. 
 
 Dh. 
 
 in account with 
 
 Cb. 
 
 June 19. 
 1855. ' 
 
 July 20, 
 1855. 
 
 To amount received 
 from S. J., collec< 
 tor of the town,.. 
 
 To amouit of fine 
 collected of X.Y., 
 for (state what it 
 is for,) 
 
 Ac. 
 
 Ac. 
 
 $159 
 
 20 
 
 75 
 
 00 
 
 May 10, 
 1855. 
 
 Odt. 15, 
 1855. 
 
 By amount paid W. 
 E , commissioner 
 of highways, • 
 
 By amount paid to 
 H. S., on judg- 
 ment against the 
 town, 
 
 4o. 
 
 Ac. 
 
 $100 
 
 76 
 
 00 
 
 53 
 
 75 
 
594 APPENDIX. 
 
 [ No. 3. ] 
 -Certificate of the town clerk and justices of the peace on exami- 
 nation of the supervisor's accounts, to be entered in Ms book. 
 County, 
 Town of - , 
 
 We, the subscribers, the justices of the peace and town clerk of 
 the town of , hereby certify that we have examined the 
 
 foregoing account of 0. D., supervisor of said town ; and that we 
 find the same correct in all respects, and that there appears to be a 
 balance due at this date of dollars and cents to 
 
 the said supervisor, from the said town of , (or, as the 
 
 case may be.) ' 
 
 ' Dated , the day of , 18 . 
 
 D.E., ] 
 
 q Y '' > Justices of the Peace. 
 
 j'.K, J 
 
 H. D., Town Clerk. 
 
 [ No. 4. ] 
 
 Supervisor's certificate, to accompany copies of entries in town 
 cleric's book. 
 County, ) 
 Town of , J s3 | 
 
 I hereby certify that the within are the copies of entries relative 
 to moneys voted to be raised in the town of , which 
 
 were delivered to me by the town clerk of said town. 
 Dated , the day of , 18 . 
 
 C. D., Supervisor. 
 
 [ No. 5. ] 1 
 Report of a supervisor of a town where all the poor are not a 
 county charge. 
 The supervisor of the town of , in the county of , 
 
 respectfully reports to the clerk of the board of supervisors, as 
 follows : 
 
 The number of paupers supported, or relieved, in the town of 
 , during the year ending the day of , 
 
 18 , as appears from the accounts of the overseers of the poor, 
 was 
 
APPENDIX. 595 
 
 The whole expense of such support was, $ 
 
 Of this sum, there was paid for transportation of paupers. . . 
 
 Allowance made to overseers for their services, 
 
 do to justices, 
 
 do to keepers and officers, 
 
 do , to physicians for services and medicine, 
 
 The actual value of the labor of the paupers maintained, was. 
 Estimated amount saved in the expense of their support, in 
 
 consequence of their labor, was 
 
 (Insert any other charges there may be.) 
 
 Of the whole number of paupers relieved by the overseers, there 
 were foreigners ; lunatics ; idiots ; 
 
 and mutes. The number of paupers under their charge 
 
 at the time of auditing their accounts, was ; of which 
 
 were males, and , females. The vested poor 
 
 money of said town amounts to dollars. The sum raised 
 
 by tax upon the. town, for the support of the poor for the year pre- 
 ceding this report, was dollars. 
 
 I certify that the foregoing is a correct abstract of the accounts 
 of the overseers of the poor of the town of , for the year 
 
 ending the . day of , 18 , as they were settled by 
 
 the town auditors. 
 Dated , the day of , 18 . 
 
 CD., Supervisor. 
 
 [No. 6. J 
 
 Notice to town superintendent of common schools to give addi- 
 tional security. 
 Mr. J. W., Town Superintendent of Common Schools of the 
 town of : 
 
 You are hereby notified, "that in my opinion, the security 
 which you have given is not sufficient to protect the public 
 against the loss of the school money, with which you may be 
 intrusted ; and you are required to furnish additional satisfactory 
 security within five days after the reception of this notice, or your 
 office will become vacant. 
 Dated ' , the day of , 18 . 
 
 Yours, &c, 
 
 K. S., 
 Supervisor of the town of 
 
596 
 
 APPENDIX. 
 
 [ No. 7. ] 
 List 'of jurors. 
 List of jurors selected from the town of , in the 
 
 county of , to serve for .three years from the 
 
 day of ,18 
 
 "We, the subscribers, the supervisor, town clerk and assessors of 
 the town of , hereby certify that the preceding is a 
 
 correct list of jurors, selected by us from said town, to serve for 
 the three years next ensuing. 
 
 Dated , the day of , 18 . 
 
 A. B., Supervisor. 
 
 S. C, Town Clerk. 
 
 E. F., ] 
 
 T. W., [Assessors. 
 
 M. N., J 
 
 [ No. 8. ] 
 last of grand jy/rors. 
 List of grand jnrors selected from the town of , 
 
 by the supervisor of said town. 
 
 Names. 
 
 Occupation. 
 
 Residence. 
 
 
 
 
APPiENDIjK. 597 
 
 I do hereby certify rthat the preceding is a correct list of the 
 grand jurors selected by me, from the qualified inhabitants of the 
 town of f 
 
 A. E., Supervisor. 
 
 [No. 9,] 
 
 JYotice of an election. 
 
 County, ) 
 Town of , \ ss - 
 
 We, the undersigned, composing the board of town officers of 
 said town, do hereby give notice, that the ensuing general election, 
 at which the following officers are to be elected, viz: (insert the 
 list of officers contained in the notice-of the secretary of state) will 
 be held on the day of next, in election 
 
 district number one, at the house of W. X., in said district ; on 
 the same day in election district number two, at the house of H. 
 S., in said district ; and in election district number three, on the 
 same day, at the house of P. Q., in said district; and that the 
 poll of the election will be opened on the day of 
 
 aforesaid, at (insert the time fixed upon by the 
 hoard, not later than 9 A. M. t ) and closed at sunset on that day. 
 
 Dated , the day of , 18 , 
 
 A. B., Supervisor. 
 S. C,, Town Clerk. 
 
 R.F., ) 
 
 T. W„ > Assessors. 
 
 M. N., ) 
 
 [ No. 10. ] 
 Division of a new town into election districts. 
 "We, the undersigned, composing the board of town officers of 
 the town of , hereby certify that we have this day 
 
 divided said town into election districts, which are 
 
 bounded and described as follows,, viz : (describe each of the dis- 
 tricts.) 
 Dated , the day of . 18 . 
 
 A- B., Supervisor: 
 S. C, Town Clerk. 
 R. F., ) 
 
 T. W., > Assessors. 
 M. N„ ) 
 
598 APPENDIX. 
 
 [No. 11. J 
 
 Supervisor's notice calling meeting to fill vacancy in the office 
 of inspector of elections. 
 To S. C, Town Clerk, (or Justice of the Peace,) of the town 
 of : 
 
 You are hereby notified to attend a meeting of the supervisor, 
 town clerk, and justices of the peace, of the town of , 
 
 appointed by me to be held at , on the 
 
 day of next, for the purpose of filling a vacancy in 
 
 the office of inspector of elections, in election district number 
 , in said town. 
 Dated , the day of , 18 . 
 
 Yours, &c, 
 
 A. B., Supervisor. 
 
 [ No. 12. ] 
 Appointment of an inspector of elections. 
 County, ) 
 Town of , \ ss - 
 
 This is to certify that H. G. is appointed inspector of elections, 
 in and for election district number , in said town of 
 
 , to fill the vacancy occasioned by the death of C. 
 S. (or from any other cause as the case may be.) 
 
 In witness whereof we have hereunto subscribed our names, 
 this day of , 18 . 
 
 A. B., Supervisor. 
 S. C, Town Clerk. 
 R. F., 1 
 
 T. W., > Assessors. 
 M. N.. ) 
 
 [ No. 13. ] 
 Alteration of an election district. 
 We, the undersigned, composing the board of town officers of the 
 town of , hereby certify that we have this day altered the 
 
 election districts in said town ; and that the districts as now con- 
 stituted are bounded as follows : 
 
 Election district number one is bounded (insert a clear and pre- 
 cise description of the boundaries.) 
 
APPENDIX. 599 
 
 Election district number two is bounded, &c, (give the bounda- 
 ries.) 
 
 Election district number three, comprises the remaining terri- 
 tory in said town not included in either of the above described dis- 
 tricts, and is bounded, (describe the boundaries,) 
 Dated , the day of , 18 . 
 
 i A. B., Supervisor. 
 
 S. C, Town Clerk. 
 B. P., ) 
 
 T. W., > Assessors. 
 M. N., ) 
 
 State of New- York, , 
 
 ' * ss. 
 
 [ No. 14. J 
 Collector's warrant. 
 
 X 
 
 County, ) 
 
 The people of the State of New- York, to , Collector 
 
 of the town of , in said county, greeting : You are here- 
 
 by commanded to receive and collect from the several persons 
 named in the assessment roll hereunto annexed and herewith de- 
 livered to you, the several sums mentioned in the last columns 
 thereof opposite to their respective names : Also to collect the sum 
 of fifty cents, as commutation tax, from every person appearing by 
 said assessment roll liable to pay the same, and when the name of 
 any person between the ages of eighteen and twenty-one years shall 
 appear in said roll liable to pay said commutation tax, you are 
 hereby further directed to collect the said sum of fifty cents of the 
 father, master, or guardian with whom such person shall reside, or 
 out of any property such minor may have in the town. And on 
 all sums of taxes received or collected within thirty days after 
 giving the notices required by the twenty-ninth section of the act 
 of May 10, 1845, chap. 180, you are directed to receive and col- 
 lect in addition to the taxes named in said assessment roll, one cent 
 on every dollar of tax, and one cent on every sum less than one 
 dollar of tax, for your fees for collecting the same. And on all 
 sums of taxes remaining unpaid after the expiration of thirty days 
 from the posting of the notices specified in said act, you are direct- 
 ed to receive and collect in addition to the said tax so remaining 
 unpaid, five cents on every dollar for your fees for collecting the 
 
600 APPENDIX. 
 
 same. And you are Hereby directed dtift of the' moneys' so collected, 
 to pay on or before the day of next 
 
 $ 1. To the commissioners of highways of said town, the 
 
 sum of dollars 1 and cents, levied and assessedi on 
 
 said town for the support of highways and bridges. 
 
 $ 2. To the commissioners of highways of said town* the 
 
 sum of dollars and cents, for and on account of 
 
 non-resident highway labor, levied and assessed on said town. 
 
 $ 3. To. the overseers of the poor of said town, the sum 
 
 of dollars and cents, for moneys levied and as- 
 
 sessed on said town for the support of the town poor. 
 
 $ 4. To the supervisor of said town the sum of 
 
 dollars and cents, for town charges assessed on said town. 
 
 $ ' 5. To the treasurer of said county, the. sum of 
 
 dollars and cents, for and on account of non-resident school 
 
 taxes assessed on said town. 
 
 $ 6. To the treasurer of said county, the sum of 
 
 dollars and cents t for and on account of a state tax levied 
 
 on said town. 
 
 $ 1. To the treasurer of said county, the 1 sum of 
 
 dollars and cents, for the support of the town poor at the 
 
 poor house establishment of said county.. 
 
 $ 8. To the treasurer of said county, the sum of 
 
 dollars and cents, for and on account of the military tax 
 
 levied on said roll. 
 
 $ 9. To the treasurer of said county, the sum of 
 
 dollars and cents, being the remainder of the moneys so to 
 
 be collected. 
 
 You will proceed as directed by the 29th and 30th sections of 
 the act, entitled " An act to reduce the number of the town officers 
 and town and county expenses, and to prevent abuses in auditing 
 town and county accounts," passed May 10, 1845. 
 
 And in case any, person named in said assessment roll shall neg- 
 lect or refuse to pay his taxes or the fees for collecting the same, 
 (after giving the notices and waiting the time specified in said, act) 
 you are hereby authorised to levy and collect the said taxes and 
 fees as aforesaid, by distress and sale of the goods and chattels of 
 such person, together with the costs and charges of such distress 
 and sale ; and for so doing this shall be your sufficient warrant. 
 
APPENDIX. 601 
 
 Given under the hands and seals of the undersigned, the board of 
 
 supervisors of county, at , the day of 
 in the year of our Lord one thousand eight hundred and fifty- 
 
 [L.S.] [L.S.] 
 
 [L. S.] [L. S.] 
 
 [L. S.] [L. SJ 
 
 [L. S.] [L. S.] 
 
 [L. S.] [L. S.] 
 
 [L. S.] [L. S.] 
 
 [L. S.] [L. S.] 
 
 [L. S.] [L.S.] 
 
 [L. S.] [L. S.] 
 
 76 
 
602 
 
 APPENDIX. 
 
 I 1 53 
 
 
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 To^be charged to 
 the county. 
 
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APPENDIX. 
 
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APPENDIX. 
 
 605 
 
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 APPENDIX. 
 
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APPENDIX. 
 
 607 
 
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608 APPENDIX. 
 
 [No. 21.] 
 
 Report to comptroller concerning commissioners of loans. 
 
 The board of supervisors of the county of , hereby 
 
 certify and report to the comptroller, pursuant to the requirements 
 of Sec. 51, of the act authorising a loan of certain monies, chap. 
 150 of the laws of 1837. 
 
 That the commissioners for loaning certain moneys of the United 
 States for this county, in obedience to the requirements of the 50th 
 section of said act, have submitted to said board all the mortgages 
 and other securities taken by them or their predecessors in office, 
 for monies loaned, together with their books of accounts, minutes 
 and vouchers. 
 
 That the said board as required by said act have carefully ex- 
 amined all such mortgages and securities, accounts and minutes so 
 exhibited to them, and find that the moneys on loan in said county 
 are well and amply secured by the various mortgages in the hands 
 of said commissioners, (or if such is not the fact, state the matter 
 as the case may be.) 
 
 That the mortgages taken by the commissioners since the date 
 of our last report for moneys paid in and re-loaned are in 
 
 number, and are executed on the mortgage book (No. ) by the 
 parties thereto and are numbered, and for the amounts as follows : 
 Mortgage No. , James Jackson, Fulton, $1,000, making in 
 
 the aggregate the sum of 
 
 That the same are amply secured, and the accounts and minutes 
 of the commissioners in reference thereto are kept as required by 
 such act. 
 
 That we have not given to said commissioners any instructions 
 as to taking additional security from the borrowers for loans made, 
 as the security taken by the said commissioners on making said 
 loans is deemed ample and sufficient. All of which is respectfully 
 submitted. 
 
 G-iven under our hands this day of 18 
 
 [ No. 22. ] 
 Form of certificate to be annexed to the published proceedings 
 
 of the board of supervisors by their clerk. 
 County of ) 
 
 Supervisor's office, ) 
 I hereby icertify that the foregoing is a true and correct record 
 
APPENDIX. 609 
 
 of all of the acts and resolutions passed, and the proceedings had 
 by the board of supervisors of the county of , at their 
 
 annual meeting held in the .of , in said county, 
 
 in November, 18 , so far as the same are required by law to 
 be published. 
 
 J. M., 
 Clerk nf the board of supervisors of county. 
 
 Dated, Nov. , 18 . 
 
 [No. 2B,] 
 Form of the report of a committee to the board of supervisors. 
 The committee to whom was referred the duty of auditing sher- 
 iffs' and jailors' accounts, respectfully present the following re- 
 port : 
 
 (Here insert the substance of the report, and, is usually accom- ' 
 panied by such resolutions as the committee deem proper to offer. 
 The same form may be used by any other committee by substitu- 
 ting the name of the committee.) 
 
 A. B.,) 
 C. D., 
 
 B. P., [Committee. 
 
 a. h., I 
 i. j., j 
 
 [ No. 24. ] 
 
 Report of committee to the board relating to commissioners of 
 
 loans. 
 
 The committee to whom was referred the books, vouchers and 
 minutes of the commissioners of loans of the county of , 
 
 respectfully submit the following report : 
 
 That the books of mortgages and securities held by the said 
 commissioners for moneys loaned, together with their books of ac- 
 counts, minutes and vouchers have been duly presented, and the 
 committee have been attended by Esq., and 
 
 Esq., commissioners. 
 
 The committee have duly examined the said books, vouchers, 
 and papers and inquired into the safety and sufficiency of the se- 
 curities taken for the moneys loaned. That the securities taken, 
 are in the judgment of your committee, ample and sufficient for the 
 loans made, and the mortgages and securities, accounts and niin- 
 77 
 
610 APPENDIX,- 
 
 utcs of the said commissioners are in suitable and proper order as 
 required by the act authorising said loans. 
 
 The committee therefore recommend the adoption of the report 
 and certificate to the comptroller herewith submitted. 
 Dated, 18 . 
 
 By order of the committee, 
 
 H. D., Chairman. 
 [Should the committee find any defect in the proceedings or 
 securities, they will vary their report accordingly.] 
 
 [ No. 25. ] 
 
 Form of warrant appointing town superintendent. 
 To whom these presents shall come, greeting: It having been 
 satisfactorily shown to the subscribers, three justices of the peace 
 4 of the town of , in the county of , that there 
 
 is a vacancy in the office of town superintendent of common schools 
 for said town : Now, therefore, by virtue of the power vested in us 
 by law, we hereby appoint R. H., town superintendent of common 
 schools for said town, to hold said office until such time as a suc- 
 cessor may be elected or appointed for said office, and this shall he 
 the warrant of said R. H. 
 
 Given under our hands and seals at this day of 
 
 ,18 . 
 
 A.B. [L- s -]) 
 
 C. D. [L. S.] > Justices of the Peace. 
 E. F. [L. S.] ). 
 [The same form may be used for the appointment of any other 
 town officer which they have authority to appoint, by substituting 
 the name of the officer and title of office in the place of the words 
 town superintendent.] 
 
 [ No. 26. ] 
 
 Towri superintendent's bond. 
 
 Know all men by these presents : That we, Gr. H., A. F. and 
 
 E. B., of the town of , in the county of , are 
 
 held and firmly bound unto J. W., Esq., supervisor of the town of 
 
 , in the penal sum of dollars, (insert double the 
 
 whole amount of school money received during the preceding year,) 
 
 to be paid to the said J. "W., or his successor in office ; to which 
 
 payment well and truly to be made, we bind ourselves, our heirs, 
 
APPENDIX. 
 
 611 
 
 executors and administrators, jointly and severally, firmly by these 
 presents. Sealed with our seals, and dated this day of , 18 . 
 
 The condition of this obligation is such, that whereas the above 
 bounden Or. H. has been elected town superintendent of common 
 schools for the aforesaid town of : Now therefore if 
 
 the said G. H. shall faithfully and legally apply and disburse all 
 sshool moneys which shall be received by him during his continu- 
 ance in office as town superintendent, and shall faithfully discharge 
 all the duties of said office, then this obligation to be void, other- 
 wise, to remain in full force. 
 
 Signed, sealed and delivered 
 in presence .of 0. P. 
 
 [No. 27. ] 
 Jls&essment roll. 
 Assessment roll of the town of 
 of , [or, of the 
 
 of , and county of ,} 
 
 G. H., 
 
 [L. S.] 
 
 A. F., 
 
 [L.S.I 
 
 E. B., 
 
 [L. S.] 
 
 , in 
 
 the county 
 
 "ward, 
 
 in the city 
 
 for the year 
 
 18 . 
 
 Names of the taxable 
 inhabitants. 
 
 Number of 
 
 acres of 
 
 land- 
 
 Value of real 
 property. 
 
 Value of 
 personal 
 property. 
 
 Total value of 
 
 real 
 
 and personal 
 
 property. 
 
 LANDS OF NON-RESIDENTS. 
 
 ■ Description of tract. 
 
 Valuation. 
 
 Lot No. of township No. , t. , 
 
 a parcel of land bounded as follows : (here 
 insert the description, with all the mi 
 muteness of a deed.)* 
 
 Dated the day of , 18 . 
 
 D. C, ) 
 
 0. S., > Assessors. 
 
 B. A., ) 
 
 * It is for the want of this description that, a vast amount of trouble is made to 
 the comptroller, county treasurer, and boards of supervisors ; besides, a large amount 
 of non-resident land escapes its proper share of taxation. 
 
612 APPENDIX. 
 
 [ No. 28.] 
 Notice of completion of assessment. 
 ' Notice is hereby given that the assessors of the town of , 
 
 (or, of the ward, in the city of ,) have 
 
 completed their assessment roll for the present year, and that a 
 copy thereof is left with the undersigned D. C, at his office, (or 
 dwelling-house ; or, as the case may be,) in < , where 
 
 the same may be seen and examined by any of the inhabitants of 
 said town, (or, ward,) during twenty days from the date of this 
 notice ; and that the said assessors will meet at , in 
 
 said town, (or, ward,) on the day of instant, 
 
 at o'clock in the noon, to review their assess- 
 
 ments, on the application of any person conceiving himself ag- 
 grieved. 
 
 Dated , the day of , 18 . 
 
 D. C, ) 
 0. S., > AssessoTs. 
 
 B. A., ) 
 
 [For form of .certificate to attach to assessment roll, see ante, 
 page 133.] 
 
 [ No. 29. ] 
 
 Collector's bond. 
 
 Know all men by these presents, that we, A. B., C. D., and H. 
 G., of , in the county of , are held and 
 
 firmly bound unto E. F., supervisor of the town aforesaid, in the 
 penal sum of (insert double the amount of taxes named in the col- 
 lector's warrant,) dollars to be paid to the said E. F., or to his 
 certain attorney, or successor in ofiSce ; to which payment we bind 
 ourselves, our heirs, executors, and administrators, jointly and. 
 severally, firmly by these presents. Sealed with our seals and 
 dated this day of , 18 . 
 
 The condition of this obligation is such, that whereas the said 
 A. B., as collector of the town of , has this day re- 
 
 ceived the assessment roll of said town, for the purpose of collect- 
 ing the taxes therein named, the total amount of which being 
 dollars ; now, therefore, if the said A. B. shall faithfully execute 
 the duties of collector, then this obligation is to be void, otherwise 
 offeree.' A. B., [L. S.] 
 
 C. D., [L. S.I 
 II. G., [L'. S.] 
 
 Sealed and delivered 
 
 in presence of 
 
APPENDIX. 613 
 
 [No. 30. ] 
 Collector's affidavit of non-payment of taxes by an incorporated 
 
 company. 
 
 County, ss. 
 
 A. B., of the town of , in the county aforesaid, 
 
 being duly sworn, saith, that on the day ,18 
 
 he demanded of the president of the company, the 
 
 sum of , it being the-amount of the tax assessed upon 
 
 said company ; and that the president of said company did then 
 and hath since refused to pay any part of the said tax assessed on 
 said company — and further, that said company has no personal 
 property from which said tax could be levied. A. B. 
 
 Subscribed and sworn before me, ) 
 this day of , 18 . J 
 
 [No. 31. J 
 Collector's summons to appraisers. 
 "Whereas, by virtue of a collector's warrant, I have levied upon 
 and taken (here insert the articles distrained) the. goods and chat- 
 tels of G. H. : You are therefore hereby commanded, in pursu- 
 ance of the statute in such case made and provided, to repair forth- 
 with to the premises of the said G-. H., , there to ap- 
 praise the said goods and chattels. 
 
 A. B., Collector. 
 
 [ No. 32. ] 
 Oath of appraisers. 
 You and each of you do swear that you will well, truly, and im- 
 partially appraise the goods and chattels mentioned in this inven- 
 tory, (the collector at the same time holding the inventory in his 
 hands and showing it to the appraisers,) according to the best of 
 your judgment and understanding. 
 
 [ No. 33. ] 
 Inventory. 
 Of the several goods and chattels upon which I have levied this 
 day of , 18 , on the premises of D. B., situate in 
 
 , by virtue of a collector's warrant, for the sum of ( here state 
 the amount of the tax) being the tax assessed on the property of 
 the said D. B., for the year 18 . 
 
 (Here insert a list of the articles levied upon.) 
 
 A. B., Collector. 
 
614 APPENDIX. 
 
 • , [No. 34. ] 
 
 Certificate of appraisers to be endorsed on the inventory. 
 "We, appraisers duly sworn by A. B.. the collector above named, 
 well, truly and impartially to appraise the goods and chattels men- 
 tioned in this inventory, according to the best of our judgment and 
 understanding, do hereby certify that wc have appraised and valued 
 the same, at the sum of (here insert the sum at vihich the goods 
 are valued.) Witness our hands, this day of , 18 . 
 
 CD., > 
 E. F., > Sworn Appraisers. 
 
 a. u.,) 
 
 [ No. 35. J 
 Collector's affidavit of goods and chattels distrained. 
 County, ss. 
 A. B. of the town of , being duly sworn, doth depose 
 
 and say, that the tax assessed upon the property of G. H., as ap- 
 pears by the assessment roll of the taxable inhabitants of the town 
 of , for the year 18 -, is (here insert the amount of the 
 
 tax,) which sum the said Gr. H. has refused to pay, (or, state that 
 the person cannot he found, as the case may be;) that therefore, by 
 virtue of a collector's warrant, he did, on the day of , 
 
 18 j levy upon and take the property of Gr. H. aforesaid, and pro- 
 ceed with the same according to law. 
 
 A. B. 
 Subscribed -and sworn before me, ) 
 this day of , 18 . ) 
 
 [ No. 36. ] 
 Notice of levy and sale by collector. 
 By virtue of a collector's warrant, I have levied upon and taken 
 the following goods and chattels, of Gr. H., (or, in the possession of 
 G. H., as the case may be,) viz : (here insert a list of the articles :) 
 which I shall sell at public vendue, at in said town, on 
 
 the day of next, at ten o'clock in the forenoon of 
 
 that day. 
 
 Dated at , the day of , 18 . 
 
 A. B., Collector. 
 
APPENDIX. 615 
 
 [ No. 37. ] ' 
 
 Affidavit that notice of sale has been given. 
 County, ss. 
 A. B. of the town of , in the county aforesaid, 
 
 being duly sworn says, that on the day of , 18 , 
 
 he posted up in the town aforesaid, a notice of the sale of the 
 goods and chattels of G-. H., at the three following places, viz : 
 [here insert the three places at which the notices were posted 'up,) 
 and that said notices continued so posted up until the of 
 
 , 18 , the day appointed for the sale of said goods 
 and chattels. 
 
 A. B., 
 Subscribed and sworn before me, ) 
 this day of 18 -. ) 
 
 [ No. 38. ] 
 
 Application to compel a person to support a poor relative. 
 To the Court of Sessions of the county of 
 
 The application of the undersigned, overseers'of the poor of the 
 town of in said county, respectfully represents, that 
 
 0. P., a poor person, who is blind (or old, lame, impotent or de- 
 crepit, according to the fact), so as to be unable by work to main- 
 tain himself (or herself, if a female), is in said town ; that Q. R., 
 who dwells in said county, is the father of the said 0. P. and has 
 failed at his own charge to relieve and maintain the said 0. P., in 
 such manner as has been approved by the undersigned, overseers 
 of the poor. Wherefore, pursuant to the provisions of section 2, 
 title 1, chap. 20, part 1, of the Revised Statutes'of the State of 
 New-York, the undersigned hereby apply for an order to compel 
 the said Q. R. who is of sufficient ability to maintain the said 0. 
 P., in the manner to be in such order specified. 
 
 Dated at the town of this day of 
 
 AT) 
 
 »t' q - ' > Overseers of the Poor. 
 
 [ No. 39. ] 
 JYotice to relatives of application to court. 
 To G-. H. of the town of in the county of 
 
 Take notice, that on the day of at ten 
 
 o'clock in the forenoon, at the court house in the town of 
 
616 APPENDIX. 
 
 in said county, the undersigned, overseers of the poor of the town 
 of will apply to the court of sessions, of said county, 
 
 for an order to compel the relief applied for, by the application of 
 which a copy is hereto annexed ; and which application will, at the 
 time and place above mentioned, be presented to the said court. 
 Dated at this day of , 18 . 
 
 tj' q *' [ Overseers of the Poor. 
 
 [No. 40.] 
 Affidavit of service of notice and application. 
 County of ss : 
 
 "W. Gr., of the town of in said county, being duly 
 
 sworn, says : that on the day of he served a copy 
 
 of the annexed notice and application personally, (or, by leaving the 
 same at his last place of dwelling with a person of mature age), on 
 the therein named Q. K. W. Gr. 
 
 Subscribed and sworn before me 
 this day of 18 . 
 
 [ No. 41. ] 
 JYotice of seizure of property. 
 County of - , ss : 
 
 To the Court of Sessions of the county of 
 
 The undersigned, to whom the annexed warrant is addressed, on 
 the day of , 18 , in the county of , 
 
 therein mentioned, seized, byvirtue of the said warrant, the pro- 
 perty of which an inventory is hereunto annexed, and the proceed- 
 ings of the undersigned, subsequent to the said seizure,- are as fol- 
 lows : (State the proceedings.) All which is herewith returned. 
 
 Dated at this day of ' , 18 . 
 
 tt' q - ' J Overseers of the Poor. 
 
 [No. 42. ] 
 Form of bond to be given to the overseers of the poor. 
 Know all men by these presents, that we, and • , 
 
 both of the town of , in the county of • , are held 
 
 and firmly bound unto , overseers of the poor of 
 
 the town of , in the sum of dollars, for the 
 
 payment whereof to the said overseers, or their successors in office, 
 
APPENDIX. 617 
 
 we bind ourselves, our heirs, executors, and administrators, jointly 
 and severally, firmly .by these presents. Sealed with our seals, and 
 dated at this day of , 18 . 
 
 The condition of this obligation is such, that whereas the said 
 overseers of the poor have lately seized the property of the 
 said , under a warrant issued by 
 
 and , two justices of the peace of the county 
 
 of , upon due proof to them given that said 
 
 had absconded from his wife and children, leaving them chargeable 
 (or likely to become chargeable,) upon the public for support ; and 
 the said having returned, and being desirous of having 
 
 his property so taken restored to him : Now, therefore, if the said 
 wife and children so abandoned, shall not become chargeable either 
 to said town or county, then this obligation is to be void, other- 
 wise of force. 
 
 N. 0., [L. S.] 
 P. Q., [L. S.] 
 Sealed and delivered, and the security ap- 
 proved by and before us, two of the 
 justices of the'town of 
 
 > Justices. 
 
 [ No. 43. J 
 
 Notice from one tovm to another, [in a county where the towns 
 are liable to support their own poor), requiring the over- 
 seers of the town in which the pauper has a residence, to 
 provide for his support. 
 County of , ss : 
 
 To the overseers of the poor of the town of , in said 
 
 county: You are hereby notified that A. B., a pauper, who has 
 gained a settlement in your town, to which he belongs, is in the 
 town of , in said county, and is supported at the ex- 
 
 pense of the said town of , for which the undersigned are 
 
 overseers. You are, therefore, required to provide for the relief 
 and support of the said pauper. 
 
 Given under our hands at , this day of , 
 
 18 . 
 
 A. T., ) Overseers of the poor of 
 H. S., ) the town of 
 
 78 
 
618 APPENDIX. 
 
 [This notice should he served on One of the overseers of ihe poor 
 of the town where the pauper belongs, by some person who can 
 make an affidavit of the service of such notice, if proof of the fact 
 should become necessary. If the overseers to whom the foregoing 
 notice is directed, intend to contest the allegation of the settle- 
 ment of such pauper, they must, within ten days after the service 
 thereof, give notice to the overseers of the town where such pauper 
 may be, in the following form :] 
 
 [ No. 44. ] 
 Notice of intention to contest settlement. 
 County of , ss : 
 
 To the Overseers. of the Poor of the town of , in said 
 
 county : Please to take notice that the undersigned, overseers of 
 the poor of the town of , in said county, will appear be- 
 
 fore the superintendents of the poor of the said county, at the poor 
 house, (or other place, as may be designated,) on the day of 
 
 , at ten o'clock in the forenoon, to contest the alleged 
 settlement of A. B., a pauper, as set forth in your notice of the 
 instant. 
 Dated at , this day of , 18 . 
 
 E. F., ) Overseers of the Poor of 
 G. H., £ the town of 
 
 [ No. 45. ] 
 Order of the overseers of a town to remove a poor person to the 
 
 . t county poor-house. 
 
 County of , ss : 
 
 B. B., having applied for relief to the overseers of the poor of 
 the town of , who having inquired into the state and cir- 
 
 cumstances of the applicant, «nd it appearing that he (or, she) is in 
 such indigent circumstances as to require permanent relief and sup- 
 port, and can be safely removed, the undersigned, overseers, here- 
 by order the said A. B. to be removed to the county poor-house, 
 to be relieved and provided for, as the necessities of such applicant 
 may require, at the expense of the said county (Or, town, according 
 to the fact, if in a county where the towns are required to support 
 their own poor.) 
 
 Given under our hands, at , this day of , 18 . 
 
 AT) 
 
 it' a - ' > Overseers of the Poor. 
 
.APPENDIX. 619 
 
 [No. 46. ] 
 
 Order for a pauper's relief where no county poor-house or other 
 
 place has been provided for the reception of the poor. 
 County of , ss : ■ I 
 
 Application for relief having been made by A. B. to the under- 
 signed, overseers of the poor of the town of , they, with 
 the assistance of the undersigned, B. F., a justice of the peace of 
 the same town, having inquired into the facts and circumstances of 
 the case, find that the said A. 'B. has a legal settlement in the town 
 of , in said county, [or, has not any legal settlement in 
 any town in said county ;] they therefore hereby order, pursuant 
 to the provisions of § 43, (sec. 58,) title 1, chap. 20, part 1, of the 
 Revised Statutes of this State, the following allowance to said A. 
 B., weekly, (or, otherwise, to be here stated,) to wit, $ , which 
 the said justice and the said overseers (or, one of the said over- 
 seers) think required by the necessities of the said poor person, 
 A. B. 
 
 Given under our hands, in the town of , this day 
 
 of ,18 . 
 
 A. T., ) n 
 
 tt o ( Overseers. 
 
 E. F., Justice. 
 
 [ No. 47. ] 
 Notice of overseers of a tovm to a superintendent. 
 To , a Superintendent of the Poor of the county of 
 
 You are hereby notified that, on the application of A. B., a poor 
 person, for relief, the undersigned, overseers of the poor of ; thetown 
 of , in said county, with the assistance of C. D., a jus- 
 
 tice of the peace of said town, inquired into the facts, and circum- 
 stances of the case, and found that the said pauper'had no legal set- 
 tlement in any town in said county ; and until the county superin- 
 tendents take charge of said pauper, the overseers wijr provide for 
 his support, and an account for the expense thereof HErom-the time 
 of the service of this notice will be presented as a <-Jharg<i! against 
 said county. 
 
 Given under our hands, at ,this dayof ■ ' ,18 
 
 t7 o \ Overseers of the Poor. 
 
 H. fc., ) a 
 
620 
 
 APPENDIX. 
 
 6 
 
 O 
 
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 ■s 
 
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 a 
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 i * 
 
 
 Amount of 
 moneys 
 paid out. 
 
 
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 "cl 
 ! O 
 
 
 a 
 
 o 
 
 ■g 
 
 1 
 
 
 1 
 
 S 
 
 a 
 
 u 
 
 
 Amount of 
 moneys 
 receired. 
 
 
APPENDIX. 621 
 
 [ No. 48. J 
 
 Affidavit of service of notice on superintendent. 
 County of , ss : 
 
 E. F., one of the overseers of the poor of the town of 
 being sworn, says that a notice, of which the annexed is a copy, 
 was by him served on J. K., one of the superintendents of the poor 
 of said' county, on the day of 18 
 
 Subscribed and sworn before me, ) 
 this day of ,18 .J 
 
 E. E. 
 
 [ No. 49. ] 
 
 Form of indenture for binding out a child by overseers of the 
 poor, and consent of justices. 
 Whereas, the parents of A. B., a female child, years of age 
 have become chargeable to the town of , in- the county 
 
 of : Now, therefore, this indenture, made the day of 
 
 , 18 , between A. T. and 0. P., overseers of the poor, 
 of said town (or city), of the first part, and Gr. H., of the town of 
 , in the county of , of the second part, witness- 
 
 eth, that the said parties of the first part, in consideration of the 
 provisions of the statute in relation to children supported by the 
 public, and the covenants hereinafter contained, do hereby bind the 
 said A. B. to the said party, Gr. H., to serve in the employment of 
 mantua-making (or, other service, as the case may be,) until the 
 day of (Here insert a period not exceeding a time 
 
 when the girl will be eighteen years of age.) And the said party 
 of the secondjpart, in consideration of the services of the said A. 
 B., hereby, for himself, his heirs, executors and administrators, 
 covenants to and with the said overseers of the poor, that (here 
 state the conditions of the agreement.) And the said G. H. further 
 covenants and agrees that he will cause the girl named in this in- 
 denture to be instructed to read and write, and at the' expiration 
 of her service will give her a new bible. 
 
 Overseers of the Poor. 
 
 G. H., 
 
 m 
 
622 APPENDIX. 
 
 County of , ss : ' 
 
 The undersigned, two justices of the peace of the town of f 
 
 in said county, having informed themselves fully of the age of the 
 within named A. B., whose true age is years, and is correct- 
 
 ly stated in the within indenture, hereby give their consent to the 
 binding out of the said A. B., according to the within indenture. 
 
 ^%\ Justice, 
 
 [ No. 50. ] 
 
 Designation of drunkard, and notice to tavern keepers, fyc. 
 County of , ss : 
 
 The undersigned, overseers of the poor of the town of , 
 
 in said county, having discovered A. B., to be an habitual drunk- 
 ard, do hereby, pursuant to section 1, title 4, chap. 20, part 1, of 
 the Revised Statutes, designate him as an habitual drunkard, and 
 describe him as follows : [Here description should be given.) And 
 every merchant, distiller, shop keeper, grocer, tavern keeper, Or 
 other dealer in spirituous liquors, is required not to give or sell, 
 under any pretence, any spirituous liquors to the said A. B. 
 
 Given under our hands, at , this day of , 18 . 
 
 tt' r\'' [ Overseers of the Poor. 
 
 [No. 51.] 
 
 Form of revocation by the overseers when a drunkard reforms. 
 County of , ss : 
 
 The undersigned, overseers of the poor of the -town of , 
 
 being satisfied that A. B., respecting whose drunkenness a notice 
 has heretofore been given by the overseers of the poor of said 
 town, has reformed and become temperate, hereby revoke and 
 annul the notice given in the case of the said A. B., aforesaid. 
 
 Given under our hands, at •, this day of ,18 
 
 A. 
 H. 
 
 T ) 
 
 p'' > Overseers of the Poor. 
 
APPENDIX. 628 
 
 [ No. 52. ] 
 Application of the superintendents or overseers of the poor, re- 
 lative to a bastard. 
 County of , ss : 
 
 To J. K., Esq., a Justice of the Peace of said county : 
 A. B., having been delivered of a bastard child, which is charge- 
 able (or, likely to become chargeable) to the said county, (or, to! 
 the town of , in said county ;) (or, A. B. being preg- 
 
 nant of a child likely to be born a bastard, and to become charge- 
 able, &c.,) the undersigned, a superintendent of the poor of said 
 county (or, overseer,) pursuant to statute, applies to you to make 
 inquiry into the facts and circumstances of the case. 
 
 Dated at , this day of , 18 . 
 
 C. D., 
 Superintendent of the Poor, or 
 
 A. T., Overseer. 
 [ No. 53. ] 
 
 Form of examination before birth. 
 County of , ss : 
 
 A. B., o.f the town of ' , in said county, being duly 
 
 sworn, says that she is now with child, and that the child of which 
 
 she is pregnant is likely to be born a bastard, and to become 
 
 chargeable to said county (or, to the town of , in said 
 
 county) ; and that C. D. of , is the father of said child. 
 
 A. B. 
 
 Subscribed and sworn, this day ) 
 of , 18 , before me. ) 
 
 S. C, Justice. 
 
 [ No. 54. ] 
 Examination after birth. 
 County of , ss : 
 
 E. B., of the town of , in said county, being duly 
 
 sworn, says, that on the day of last, she was delivered 
 
 of a bastard child, which is chargeable (or, likely to.become charge- 
 able) to said county, (or, to the town of , in said county ;) 
 and that C. D., of , is the father of said bastard child. 
 
 E. B. 
 Subscribed and sworn, this day ) 
 of , 18 , before me. ) 
 
 S. C, Justice. 
 
624 APPENDIX. 
 
 [ No. 55. ] 
 
 Notice, by superintendent or overseer, that application will be 
 made to the sessions to increase the amount payable in- the 
 order of filiation. 
 
 To A. B., County, ss : 
 
 You will take notice, application will be made to the next court 
 of sessions ef the county of , to be holden at , in 
 
 said county, on the day of , at ten o'clock in the 
 
 forenoon, to increase the sum directed to be paid by the order of 
 filiation, a copy of which i3 annexed, for the support of the bastard 
 child named therein ; which application will be founded on the 
 affidavits, copies of which are also annexed. 
 
 Dated at , this day of , 18 . 
 
 D. S. , Superintendent of the Poor, or 
 
 A. T., Overseer of the Poor. 
 
 [ No. 56. ] 
 
 JYotice to be given to superintendent or overseer for reducing 
 amount in order of filiation. 
 
 To B.. S., Superintendent (or, Overseer) of the Poor : 
 
 You are hereby notified that application will be made to the 
 next court of sessions of the county of , to be holden 
 
 at , in said county, on the ,18 , at o'clock 
 
 in the forenoon', 1 by the undersigned, to reduce the amount directed 
 to be paid by the order, &c, of filiation made for the 
 
 support of a bastard child, a copy of which order is annexed to 
 this notice. 
 
 Dated at this day of , 18 . 
 
 A. B. 
 (This notice, as well as copies of any affidavits which the appli- 
 cant may intend to present to the court, should be served on the 
 superintendent or overseer, giving ten days' notice, by some per- 
 son who can make an affidavit of the fact.) 
 
 [No. 57.] 
 
 Warrant to seize the goods of an absconding father, husband, 
 
 or mother. 
 County of , ss : 
 
 To the Overseers of the Poor of the town of , in 
 
APPENDIX. 625 
 
 said county : It appearing to us, two of the justices of the peace 
 of said county, as well by the application and representation to us 
 made by the said overseers, as upon due proof of the facts be- 
 fore us made, that 0. P., late of said town, has absconded from 
 his wife and children, leaving said wife and children chargeable 
 (or, likely to become chargeable,) to the public for support; 
 and that said 0. P. has some estate, real or personal, in said 
 county, whereby the public may be wholly, or in part, indemnified 
 against said charge : we therefore authorize you, the said overseers 
 of the poor, to take and to seize the goods, chattels, effects, things 
 in action, and the lands and tenements of said 0. P., where- 
 eVer the same may be found in said county ; and you will, imme- 
 diately upon such seizure, make an inventory of the property by 
 you taken, and return the same, together with your proceedings, 
 to the next court of sessions of said county. 
 
 Given under our hands, in the town of , this 
 
 day of 18 . 
 
 S. C. 
 
 ,j p / Justices. 
 
 [By virtue of this warrant, the overseers may take possession of 
 the property of the person absconding, according to sec. 9, title 1, 
 and having made an inventory of the property, they should return 
 the same to the next court of sessions, together with their proceed- 
 ings.] 
 
 [No. 58. J 
 
 Form of order to discharge the warrant and to restore 
 property. 
 County of , ss : 
 
 To the Overseers of the Poor of the town of , in 
 
 said county : Whereas, by a warrant to you directed, bearing date 
 the day of , 18 , you were authorized 
 
 to seize the goods, chattels, effects, things in action, and the 
 lands and tenements of N, 0., upon proof that he had absconded 
 from his wife and children, leaving them chargeable to the pub- 
 lic for support : And whereas, the said N. 0. has returned, 
 and now supports his wife and children so abandoned, (or, has 
 given security to the overseers of the poor, satisfactory to us, that 
 the wife and children shall not become chargeable either to said 
 town or county,) we do therefore hereby discharge the said war* 
 79 
 
626 APPENDIX. 
 
 rant issued against the said N. 0., and direct the property taken 
 by virtue thereof to he restored to him. 
 
 Witness our hands at , this day of ' , 18 . 
 
 "' l Justices. 
 
 ii.gu! 
 
 [ No. 59. ] 
 Justices order for a pauper who requires temporary relief fyc. 
 
 The overseers of the poor of the town of , having 
 
 applied to the undersigned, a justice of the peace of said town, 
 relative to A. B., a person applying to them for relief, and having 
 examined into the facts and circumstances, and it appearing that 
 the said A. B., so applying, requires only temporary relief, (or, is 
 sick, lame, or otherwise disabled, so that he or she cannot be con- 
 veniently removed to the county poor-house,) the undersigned 
 hereby orders the said overseers to apply dollars per 
 
 week for the relief of said A. B., until they have expended the sum 
 of ten dollars, or such sum less than that amount as may be found 
 sufficient for the temporary relief of the said poor person, A. B. 
 
 Given in said town, the day of , 18 . 
 
 C. D., Justice. 
 
 [ No. 60. ] 
 Form of warrant to commit a child to the county poor-house. 
 County of , ss : 
 
 To any constable of said county, Greeting: Whereas, com- 
 plaint has this day been made, and the proof thereof given to me, 
 one of the justices of the peace of said county, that a child of 
 the name of A. B. has been found in the town of , in said 
 
 county, begging for alms. You are therefore hereby commanded, 
 in the name of the people of the State of New- York, to convey the 
 said child to the poor-house of said county (or, town, or the alms- 
 house of said city,) the keeper whereof is required to detain, keep, 
 employ and instruct said child in such useful labor as said child 
 shall be able to perform, until discharged therefrom by the county 
 superintendents of the poor, or bound out as an apprentice by them, 
 (or, by the commissioners of such alms-house, or by the overseers 
 of the poor.) 
 
 Given under my hand and seal, at , this day of 
 
 ,18 . 
 
 S. C, Justice. [L. S.] 
 
APPENDIX. 627 
 
 [No. 61. ] 
 Form of viarrant to confine a lunatic. 
 County of , ss : < 
 
 To the Constables and Overseers of the Poor of the town of 
 , in said county : 
 
 A. B., a lunatic, having been found in said town so far disorder- 
 ed in his senses as to endanger his own person [or, the person or 
 property of others,) if permitted to go at large, and no provision 
 having been made, either by the relatives or any committee, for 
 confining or maintaining such lunatic, the undersigned, two of the 
 justices of the peace of said county (or, city,) on the application of 
 the overseers of the poor of said town (or, upon our own view,) 
 being satisfied, upon examination (or, upon information on oath to 
 us given,) that the said A. B. should be forthwith confined : You 
 are, therefore, hereby commanded to cause the said lunatic to be 
 safely locked up in such secure place as said overseers may provido 
 in conformity to law. 
 
 Given under our hands, at , this day of 
 
 Justices. 
 
 C. D., > 
 
 B.F., r 
 
 [ No. 62. ] 
 Form of notice to overseers of an habitual drunkard. 
 To the Overseers of the Poor of the town of : 
 
 You are hereby notified that A. B., who has been designated by 
 you as an habitual drunkard, has applied to me for process to sum- 
 mon a jury, to try and determine the fact of such drunkenness ; 
 and that I have fixed upon the day of instant, at 
 
 o'clock in the afternoon, at my office in said town, as the time 
 and place for such trial. 
 
 Dated , 18 . 
 
 E. S. P., Justice of the Peaee. 
 
 [ No. 63. ] 
 Warrant to apprehend reputed father. 
 County of , ss : 
 
 To any constable of said county, Greeting : Whereas, A. B., of 
 , , in said-county, upon her examination on oath before 
 me, the undersigned, a justice of the peace of said county, this day 
 
628 APPENDIX. 
 
 had, did declare that, &c. (as in the examination ;) and whereas, 
 H. D. H., overseer of the poor of said town (or, one of the superin- 
 tendents, as the case may be,) in order to indemnify the said town 
 (or, county) in the premises, has applied to me to inquire into the 
 facts and circumstances of the case, and to issue my warrant to ap- 
 prehend the said CD., &c. : You are therefore hereby commanded, 
 in the name of the people of the State of New-York, forthwith to 
 apprehend the said C. D., and bring him before me, at my office in 
 aforesaid, for the purpose of having an adjudication re- 
 specting the filiation of such bastard child (or, of such child likely 
 to be born a bastard.) 
 
 Given under my hand, at , this day of ,18 . 
 
 S. C, Justice. 
 
 [If the person charged as the putative father resides in another 
 county than that in which the warrant was issued, the justice issuing 
 the warrant should direct, by endorsement thereon, the sum in 
 which a bond shall be taken of the person so charged. The en- 
 dorsement may be in the following form:] 
 
 " I, the within named justice of the peace, direct that the penal 
 sum, in which any bond shall be taken of the within named C. D., 
 shall be one thousand dollars. 
 
 S. C, Justice." 
 
 [Before the warrant is executed, it must be endorsed by some 
 justice of the county where the person so charged resides. The. 
 endorsement is to be made upon proof of the hand-writing of the 
 justice who issued the warrant. The endorsement may be as fol- 
 lows : See ante, page 201.] 
 County of , ss : 
 
 The within warrant, with the endorsement made thereon, by the 
 justice by whom it was issued, of the sum required to be put in the 
 bond, having been presented to the undersigned, a justice of the 
 peace of the county of , and proof having been made of 
 
 the handwriting of the justice who issued the said warrant, the ar- 
 rest of the said C. D. is hereby authorized, if he can be found with- 
 in the county of 
 
 Dated at , this day of , 18 . 
 
 S. C, Justice. 
 
 [When the person charged is arrested, he should be taken be- 
 fore the justice who endorsed the warrant, or some other justice of 
 
APPENDIX. 629 
 
 the same county, in order that he may be discharged on executing 
 the bond required by law, if he elects so to do.] 
 
 [ No. 64. ] 
 Bond on arrest in foreign county. 
 
 Know all men by these presents : That we, C. D., and 0. P., 
 of , in the county of , are held and firmly bound 
 
 Unto the People of the State of New-York, in the sum of 
 dollars, for the payment whereof to the said people, we bind our- 
 selves, our heirs, executors and administrators, jointly and severally, 
 firmly by these presents. Sealed with our seals, and dated this 
 day of , 18 .* 
 
 Whereas, the said C. D. has been this day brought before the 
 undersigned, one of the justices of the peace of the county of 
 , by virtue of a warrant issued by J. B., one of the justices 
 of the peace of the county of , whereon the name of 
 
 the said justice is endorsed, with an authority to arrest the said 
 C. D. in the said county of ; in which warrant it is recited 
 
 that A. M., of , in said county of , upon 
 
 , her examination, on oath, before the said J. B., justice, did 
 declare herself pregnant of a child, which is likely to be born a 
 bastard, and to become chargeable (or, did declare that she was, 
 on the day of ' , at aforesaid, delivered of a 
 
 bastard child, chargeable, or likely to become chargeable) to said 
 town (or county;) and upon the said warrant is endorsed the direc- 
 tion of the said J. B., that the penal sum in which any bond should 
 be taken of the said CD., should be $ : Now, therefore, if 
 
 the said C. D., &c, (Insert one of the conditions,) then the above 
 obligation to be void, otherwise of force. 
 
 Sealed and delivered in presence ) D l"L S 1 
 
 of, and the security approved > q p - ' L • -J 
 
 by me. ) ' ' 
 
 E. S. P., Justice. 
 
 [ No. 65. ] 
 Form of subpoena in such case. 
 County of , ss : 
 
 To John Doe, Richard B,oe, &c, Greeting : 
 You are hereby commanded, in the name of the People of the 
 
630 APPENDIX. 
 
 State of New-York, personally to appear before G-. C. S., and the 
 undersigned, two of the justices of the peace of said county, forth- 
 with, "(or, the time agreed on,) at the office of the undersigned, in 
 in said county, to testify touching the father of a bas- 
 tard child wherewith A. B. alleges she is now pregnant, (or, which 
 was lately born of A. B.) 
 
 Given under my hand, this day of , 18 . 
 
 S. C, Justice of the, Peace. 
 
 [No.. 66.] 
 
 Bond on adjournment before justices who issued warrant. 
 
 Know all men, &c, (as in No. 64, down to the *, and then add) 
 the condition of this obligation is such that, whereas, the under- 
 signed, C. D., has this day been brought before 
 and , two of the justices of the peace of said county, 
 
 charged, upon the oath of A. B., of , aforesaid, as the 
 
 reputed father of a bastard child, with which the said A. B. alleges 
 she is pregnant (or, of a bastard child lately born of said A. B.) 
 And, whereas, at the request of the said C. D., and for sufficient 
 reasons given, the said justices have determined to adjourn the 
 said examination and adjudication respecting the charge aforesaid, 
 upon the execution of this bond, until the day of , 
 
 inst., at o'clock in the noon, at the office of the 
 
 said , in : Now, therefore, if the said 
 
 C. D. shall personally appear before the said justices, at the time 
 and place last aforesaid, and not depart therefrom without leave, 
 then this obligation is to be void, otherwise in force. 
 
 Sealed, &c, 
 
 C. D., [L. S.] 
 E. F., [L. S.] 
 
 [ No. 67. J 
 Order of filiation. 
 County of , ss : 
 
 "Whereas, we, the subscribers, being two justices of the peace of 
 said county, having this day associated at , in said 
 
 county, upon the application of and , 
 
 overseers of the poor of the town of (or, superintend- 
 
 ents), for the purpose of making an examination and determination 
 touching a certain bastard child, lately born in said town of the 
 
APPENDIX. 631 
 
 body of A. B. (or, of a certain child wherewith A. B. is said to he 
 pregnant, and which, when born, will be a bastard,) and chargeable 
 (or, likely to become chargeable,) to said town (or, county), atad 
 of which child C. D. was alleged to be tbe father : And, whereas, 
 we have duly examined the said A. B. on oath, in the presence of 
 the said C. D., touching the father of said child, and have also 
 heard the proofs and allegations to us offered in relation thereto, 
 as well on the part and behalf of the said overseers (or, superin- 
 tendents,) as of the said CD., whereby it appears that the said 
 A. B. was on the day of delivered of a bastard 
 
 child* in said town (or, appears that the said A. B. is now preg 1 - 
 4 nant of a child, which, when bOrn, will be a bastard), and which is 
 chargeable (or, likely to become chargeable) to said town (or, 
 county), and that C. D. is the father of said child : We, therefore, 
 adjudge him, the said C. D., to be the father of the said bastard 
 child ; and thereupon, we hereby order that the said C. D. pay to 
 the overseers of the poor of said town of (or, to the 
 
 superintendents of the poor), for the support of said child, the 
 weekly sum of one dollar, so long as said child shall continue 
 chargeable to said town (or, county) ; and inasmuch as it appears 
 to us, and we find, that the said A. B. is in indigent circumstan- 
 ces, we determine and order that said C. I), pay to- the said over- 
 seers of the poor (or, superintendents), for the sustenance of the 
 said A. B. during her confinement and recovery therefrom, the sum 
 of dollars. And we do hereby certify, the reasonable costs 
 
 of apprehending and securing the said father, and of the order of 
 filiation, at the sum of dollars. 
 
 Given under our hands, at , this day of , 18 . 
 
 t^- p - ' / Justices. 
 
 [Upon receiving notice of the order of filiation, the reputed fa- 
 ther must immediately pay the costs and execute the bond with 
 one of the conditions specified in § 14, title" vi. 2 R. S. 59, 4th 
 ed. If he refuses to pay the costs, he may be committed, notwith- 
 standing he may have given the bond. See ante, page 206.] 
 
 [ No. 68. ] 
 Bond under order of filiation. 2 R. S. 59, 4th ed. 
 Know all men, &c. (as in No. 64 to the *, and then add,) the 
 condition of this obligation is such that, whereas, by an order this 
 
632 APPENDIX. 
 
 day duly made and subscribed by the subscribers, justices of the 
 peace of said county, it is adjudged that the said C. D. is the father 
 of a bastard child of which A. B. is pregnant, and likely to become 
 chargeable (or, of a bastard child lately born in said town of A. 
 B., and which is chargeable) to said town (or, county ;) and it was 
 thereupon ordered by the said justices, that, &c, (recite the order 
 for the support of the bastard and sustenance of the mother, as in 
 No. 67.) Now, therefore, if the said C. D. shall pay the sums for 
 the support of the bastard child and the sustenance of its mother, 
 as the same are ordered by the said justices, as aforesaid, or as shall 
 at any time hereafter be ordered by the court of sessions of said 
 county, and shall fully and amply indemnify the said town (or, 
 county,) and every other county, town or city, which may have in- 
 curred any expense, or may be put to any expense, for the support 
 of such child or its mother during her confinement or recovery 
 therefrom, against all such expenses, then this obligation to be 
 void ; otherwise of force. 
 
 C. D. [L. S.] 
 E. T. [L. S.] 
 
 G. H. [L. S.] 
 
 Sealed and delivered in presence of ] 
 and the penalties and securities 
 approved by us. 
 
 > Justices. 
 
 [ No. 69. ] 
 
 Warrant to commit putative father. 2 R. S. 59, 4tk ed. 
 County of , ss : 
 
 To any constable of said county, Greeting : Whereas, by an or- 
 der of filiation this day made by us, the undersigned, justices of the 
 peace of said county, at , in said county, we did ad- 
 
 judge C. D. to be the father of a bastard child, begotten upon the 
 body of A. B. of said town, and did therein order that the said C. 
 D. pay &c. (set forth the direction for the support of the child, 
 the sustenance of the mother, and the amount of costs and charges 
 required to be paid, as expressed in the order :) And whereas, up- 
 on the making and subscribing such order, we did require the said 
 G. D. immediately to pay the costs, so certified, and to enter into 
 a bond, in the penal sum of dollars, with good and suffi- 
 
APPENDIX. 683 
 
 cient sureties, to be by us approved, with one or other of the con- 
 ditions which, by the statute in such case made and provided, is 
 prescribed : And whereas, due notice of our said order has been 
 given to the said CD., but he has wholly neglected either to pay 
 the said costs and charges, or to execute the bond as aforesaid (or 
 as the fact may be.) You. are therefore hereby commanded, in the 
 name of the people of the State of New- York, to convey the said 
 C. D. to the common jail of the said county, the keeper whereof 
 is required to receive and detain the said C. D. in custody in said 
 jail until he shall be discharged by the court of sessions of the said 
 county, or shall execute such bond, in the penalty required, as 
 aforesaid. 
 Given under our hands, at , this day of , 18 . 
 
 > Justices. 
 
 [ No. 70. ] 
 
 Order of filiation in the absence of the reputed father, appre- 
 hended in a foreign county. 
 County of , ss : 
 
 C. D. having been arrested in the county of , in the 
 
 State of New- York, by virtue of a warrant and the direction there- 
 on endorsed, of which the following are copies, to wit: (insert 
 copies,) and been carried before , Esq., a justice of the 
 
 peace of said county of , who took from him, the said C. 
 
 D., a bond to the people of the State of New- York, with good and 
 sufficient sureties, in the sum so directed on said warrant, condi- 
 tioned that the said CD. should appear at the next court of ses- 
 sions to be holden in the county of , and not depart the 
 court without its leave ; and the said bond having been in due 
 form of law returned to the undersigned, , the justice who issued 
 the said warrant, he the said justice thereupon immediately called 
 to his aid the undersigned, , another justice of the same county, 
 and the subscribers, the said justices, proceeded to make examina- 
 tion of the matter, on the day of , 18 , at 
 , in said town, and then and there heard the proofs 
 that were offered in relation thereto ; by which it was proven that 
 the said A. B., being in the said town of , has been de- 
 livered of a bastard child, (conclude as in No. 67, from the*.) 
 
 80 
 
634 APPENDIX. 
 
 [ No. 71. ] 
 
 Warrant to commit mother who refuses to disclose the name of 
 
 the father, under 2 R. S., 60, 4th ed. 
 County of , ss : 
 
 To any constable of said county, Greeting : 
 
 Whereas we, the subscribers, justices of the peace of said county, 
 are now associated for the purpose of examining into the matter, 
 and making order for the indemnity of the town of , in 
 
 said county (or, for the indemnity of the said county), against the 
 support of a certain child, said to have been born a bastard of the 
 body of A. B., and chargeable (or, likely to become chargeable) to 
 said town (or, county), and whereas upon the application of L. M., 
 overseer of the poor of said town (or, a superintendent of the poor of 
 said county), have demanded of the said A. B., who is now before 
 us, that she submit to an examination on oath, in the presence of 
 C. D., who has been brought before us, charged with being the 
 father of said child, to testify touching such charge, and to dis- 
 close his name, but the said A. B. wholly refuses to testify and 
 disclose ; and inasmuch as it now appears to us, upon due proof 
 thereof given on oath before us, that more than a month has 
 elapsed since the said A. B. was delivered of said child, and that 
 she is now sufficiently recovered from confinement : You are 
 therefore hereby commanded, in the name of the people of the 
 State of New- York, to take the said A. B., and convey her to the 
 common jail of said county, the keeper whereof is required to de- 
 tain the said A. B. in his custody in said jail until she shall so tes- 
 tify and disclose the name of such father. 
 
 Given under our hands, at , this day of , 18 . 
 
 [ Justices. 
 
 [No. 72.] 
 Summons where mother has property. 
 County of , ss : 
 
 To any constable of said county, Greeting : 
 You are hereby required to summon A. B., of the town of , 
 in said county, to appear before us, the subscribers, justices of the 
 peace of said county, on the day of , instant, at 
 
 twoiO,'clockin;the afternoon, at the office of the undersigned, S. C, 
 to show cause, if any she may have, why we should not make an 
 
APPENDIX. 635 
 
 order for the keeping of a bastard child, said to have been lately- 
 born of the said A. B., and chargeable (or, likely to become 
 chargeable) to said county (or, town), by charging the said A. B. 
 with the payment of money weekly, or other sustentation ; E. F., 
 overseer of the poor of said town (or, superintendent of the poor of 
 said county), having applied to us for that purpose. 
 
 Given under our hands, at , this day of , 18 . 
 
 S. C. ) 
 
 T± p" > Justices of the Peace. 
 
 [ No. 73. ] 
 
 Order to compel the mother to pay for the support of the child, 
 
 under sec. 21, 2 R. S. 60, 4th ed. 
 County of , ss : 
 
 Whereas, E. F., one of the superintendents of the poor of said 
 county (or, G. H., overseer of the poor of the town of , 
 
 in said county), has made application to us, two of the justices of 
 the peace of said county, complaining that A. B., of , 
 
 in said county, was lately delivered at aforesaid, of a 
 
 bastard child, which is chargeable (or, likely to become charge- 
 able) to said county (or town) ; and that said A. B. is possessed 
 of property in her own right, and is of sufficient ability to support 
 said child, and desiring that we should examine into the matter, 
 and make order for the security of said county (or town). And 
 whereas, upon examination into the matter of said application, and 
 upon due proof thereof, on oath before us given, and the said A. 
 B., although present at such examination, not showing any suffi- 
 cient cause to the contrary (or, and the said A. B. neglecting to ap- 
 pear before us and show cause, if any she might have to the con- 
 trary, although duly summoned so to appear), we therefore order 
 that the said A. B. pay weekly to said superintendent (or, to said 
 overseer) the sum of , for the support of said child. 
 
 Given under our hands, at , this day of , 18 . 
 
 t^ p' ( Justices. 
 
636 APPENDIX. 
 
 [ No. 74. ] 
 
 Warrant to commit for not executing bond, under section 22, 
 
 same statute. 
 County of , ss : 
 
 To any constable of said county, Greeting : 
 
 Whereas, by an order duly made by us, the undersigned, jus- 
 tices of the peace of said county, bearing date the day of , 
 instant, respecting the keeping of a bastard child, lately born in 
 said county of the body of A. B., which is chargeable to the town 
 of (or, said county), we directed, (as in the order); 
 
 which order was so made upon the application of J. R. S., over- 
 seer of the poor of said town (or, a superintendent of the poor of 
 said county), and after due notice to the said A. B. to show cause, 
 if any she might have, against the making of such order ; and, 
 whereas, a copy of said order, subscribed by us, has been served 
 upon the said A. B., and she has neither executed the bond by law 
 required for her appearance at the next court of sessions, &c, nor 
 complied with the same : You are therefore hereby commanded, in 
 the name of the people of the State of New- York, to take the said 
 A. B., and convey her to the common jail of said county, there to 
 remain, without bail, until she shall comply with said order, or 
 execute the bond authorized by statute as aforesaid. 
 
 Given under our hands, at , this day of , 18 . 
 
 fj ri'[ Justices. 
 
 [ No. 75. ] 
 Process to compel the mother's attendance. 
 County of , ss . 
 
 To any constable of said county, Greeting : 
 Whereas, we, the undernamed justices of the peace of said 
 county, have, upon the application of the overseers of the poor of 
 the town of , in said county (or, the superintendents 
 
 of the poor of said county), associated for the purpose of examin- 
 ing into the matter of a certain complaint made to us by said over- 
 seers (or, superintendents), that A. B., of said town, is now preg- 
 nant with a child, which, when born, will be a bastard, and which 
 is likely to become chargeable to said town (or, county) (or, that 
 A. B. has been delivered in said town of a bastard child, which is 
 chargeable, or likely to become chargeable, to said town or county); 
 
.APrENDix. 637 
 
 and CD. having been brought before us this day, charged to be 
 the putative father of said child : Now, therefore, to the intent that 
 the said A. B. may be examined before us, on oath, and in the pre- 
 sence of the said C. D., touching the father of said child, you are 
 hereby commanded, in the name of the people of the State of New- 
 York, to bring the said A. B., forthwith, before us, at the office of 
 the subscriber, H. G-., in , aforesaid. 
 
 .Given under our hands, at , this day of , 18 . 
 
 tt' ri" ( Justices. 
 
 [ No. 76. ] 
 Warrant to seize the property of absconding father or mother 
 
 of bastard, under sec. 52. 2 R. S. 65, 4th ed. 
 County of , ss : 
 
 To the Overseers of the Poor of the town of . in said 
 
 county (or, to the Superintendents of the Poor of said county) : 
 
 It appearing to us, two of the justices of the peace of said coun- 
 ty, as well by the representation and application to us made by the 
 said overseers {or, the said superintendents,) as upon due proof of 
 the facts before us given, that C. D. is the father of a bastard child 
 whereof A. B., of said town, is now pregnant, and which, when 
 born, is likely to become chargeable to said town (or county,) (or, 
 that C. D. is the father of a bastard child lately born in said town, 
 of A. B., and which is chargeable, or likely to become chargeable 
 to said town,) {or county,) and that said C. D. has absconded from 
 said town, which is the place of his ordinary residence, leaving in 
 said county some estate, real or personal: We therefore, {conclude 
 as in No. 57.) 
 
 [ No. 77. ] 
 Order reducing sum to be paid by father or mother. 
 County of , ss : 
 
 To the Overseers of the Poor of the town of in said 
 
 county {or, the Superintendents of the Poor of said county) : 
 Whereas, by an order of filiation by us made, bearing date the 
 day of last, we did determine that C. D. is the 
 
 father of a certain bastard child, then lately born in aforesaid, 
 
 and did therein order, among other things, that the said C. D. should 
 pay to you, the said overseers {or, superintendents,) for the sup- 
 
638 APPENDIX. 
 
 port of said child, the weekly sum of ' one dollar, so long as said 
 child should continue chargeable to said town (or, county.) And 
 whereas, upon the application of the said C. D., we have this day 
 inquired into the circumstances of the case, and heard the proofs 
 and allegations to us submitted in relation thereto ; and it appear- 
 ing to us, upon such inquiry, that the circumstances in relation to 
 said bastard child render it proper and expedient that the sum re- 
 quired to be paid by the said C. D., by our former order, should 
 be reduced, as hereinafter expressed : And inasmuch as the said 
 overseers (or, superintendents) have shown before us no sufficient 
 reason against such reduction, although appearing before us (or, noti- 
 fied to appear before us and show cause, if any you might have,) 
 we do therefore reduce the sum required to be paid by the said C. 
 D. x by our former order as aforesaid, to the weekly sum of 
 Given under our hands, this day of , 18 . 
 
 W p'' { Justices. 
 
 [ No. 78. ] 
 Notice of appeal respecting order of filiation. 
 County of , ss : 
 
 To S. C. and H. Gr., Esqs., two Justices of the Peace of said 
 county : 
 
 You will please take notice that the subscriber conceiving him- 
 self aggrieved by the order made by you, of which a copy is an- 
 nexed, hereby appeals therefrom to the next court of sessions to be 
 holden in said county. 
 
 Dated at , this day of , 18 . 
 
 0. R. 
 
 [ No. 79. ] 
 Bond of superintendents of the poor. 
 
 Know all men by these presents, that we C. D., E. F., and Gr. 
 H., of are held and firmly bound unto the supervisors 
 
 of the county of , in the penal sum of dollars, lawful 
 
 money of the United States of America, to be paid to the said su- 
 pervisors, or their successors ; for which payment, well and truly 
 to be made we bind ourselves, and our heirs, executors and admin- 
 istrators, jointly and severally, firmly by these presents. 
 
 Sealed with our seals, dated the day of 18 . 
 
APPENDIX. 639 
 
 The condition of this obligation is as follows : Whereas the said 
 C. D. has been elected superintendent of the poor for the county 
 of , and his term of office will commence on the day 
 
 of ,18 . 
 
 Now, therefore, if the said C. D. shall faithfully execute the du- 
 ties of his office, and shall pay according to law all moneys that 
 shall come into his hands as superintendent of the poor, and ren- 
 der a just and true account thereof to the board of supervisors of 
 the county of , then the above obligation to be void, 
 
 otherwise to remain in full force and virtue. 
 
 Sealed and delivered in presence of 
 
 CD. 
 
 [L. S.] 
 
 E. F. 
 
 [L. S.] 
 
 G.H. 
 
 [L. S.] 
 
 I hereby certify that the above bond and the sureties therein 
 were duly approved by the board of supervisors this day of 
 18 . 
 
 E. S. P., 
 Clerk of the Board of Supervisors. 
 
 [No. 80.] 
 
 Subpcma to compel attendance of witnesses before superin- 
 tendents. 
 County of , ss : 
 
 The people of the State of New-York to C. D. : You are here- 
 by required, personally to appear before the undersigned, superin- 
 tendents of the poor of the said county, at the poor-house, (or, such 
 place as is designated in the notice), on the day of , 
 
 18 , at ten o'clock in the forenoon, to testify in behalf of the 
 overseers of the poor of the town of , in said county, 
 
 concerning the alleged settlement of A. B., a pauper. 
 
 Dated at , this day of , 18 . 
 
 t TVT ( Superintendents of 
 £• ^-' \ the Poor. 
 
 [ No. 81. ] 
 Superintendent's decision as to settlement of a pauper. 
 County of , ss : 
 
 The undersigned, superintendents of the poor of said county, 
 having convened as required by the overseers of the poor of the town 
 of , in said county, pursuant to their notice, proceeded 
 
640 APPENDIX. 
 
 to hear and determine a controversy which had arisen hetween the 
 said overseers and the overseers of the town of , 
 
 in said county, concerning the settlement of Gr. H., a pauper, 
 and upon such hearing of the facts, the undersigned hereby de- 
 cide, that the legal settlement of the said Gr. H., as such pauper, 
 is (or, is not), in the said town of . And the un- 
 
 dersigned hereby award to the overseers of the poor of the town 
 of , the prevailing party, the sum of dollars, 
 
 costs of said proceeding, by them expended. 
 
 Given under our hands and seals at , this day of 
 
 ,18 . 
 
 p' -p.'' ty ' „'i I Superintendents of 
 
 e: f - .; k: s.\ s the Poor - 
 
 E. F., [L. S.] 
 
 [ No. 82. ] 
 
 Superintendent' 's notice that pauper will be supported at the 
 
 expense of a town in a county where the towns support their 
 
 own poor. 
 County of , ss : 
 
 To the Overseers of the Poor of the town of , in said 
 
 county : Gr. H., a pauper, having been sent to the poor house as a 
 county pauper, and the undersigned, superintendents of the poor of 
 said county, having inquired into the fact, and being of the opinion 
 that the said pauper has a legal settlement in the town of , 
 
 in said county, pursuant to the provisions of section 35, title 1, 
 chapter 20, part 1 of the Revised Statutes, you are hereby notified 
 that the expenses of the support of said pauper will be charged to 
 the town of , unless you, the overseers of said town, 
 
 within (Here insert such time, not less than twenty days, as the 
 superintendents shall appoint,) after the service of this notice, 
 show that the said town of ought not to be so charged. 
 
 Dated at , this day of , 18 . 
 
 A. B., ) 
 
 C. D., > Superintendents. 
 E. F., ) 
 
 F 
 
 [No. 83.] 
 Decision of superintendents after re-examining settlement of 
 
 pauper, on application of overseers. 
 County of , ss : 
 
 The undersigned, superintendents of the poor of the said county 
 
APPENDIX. 641 
 
 having, on application of the overseers of the poor of the town of 
 , on whom the notice of which the annexed is a copy, 
 was served, re-examined the subject matter of the said notice, and 
 taken testimony in relation thereto, do hereby decide that the pau- 
 per, G. H., therein mentioned, has a legal settlement in the said 
 town of , to which, as such pauper, he belongs, (or, has 
 
 not a legal settlement in the said town of .) 
 
 Given under our hands, at , this day of 18 . 
 
 P * T)" ' ( Superintendents of 
 j," j,'' I the Poor. 
 
 [ No. 84. ] 
 Certificate of a superintendent that a person is a county pau- 
 per, on application of overseers of a town. 
 County of , ss : 
 
 The overseers of the poor of the town of , having 
 
 given notice to the undersigned that A. B., a poor person, being 
 in said town, should be supported as a county pauper, and having 
 inquired into the circumstances, and being satisfied that the said 
 pauper has not gained a legal settlement in any town in the said 
 county, this certificate of that fact is hereby given ; and that the 
 said A. B. is chargeable to the said county. 
 
 Dated at , this day of , 18 . 
 
 C. D,. Superintendent. 
 
 [ No. 85. ] 
 Notice to overseers that superintendents will examine into set- 
 tlement of paupers. 
 County of , ss : 
 
 To the Overseers of the town of , in said county : 
 
 You are hereby notified, that on the day%f , at 
 
 ten o'clock in the forenoon of that day, the board of superintendents 
 of the poor of said county will proceed to a hearing of the allega- 
 tions and proofs which may then be presented in relation to the 
 legal settlement of A. B., in the town of . And after 
 
 such hearing will affirm or annul the certificate given on the 
 day of , 18 , declaring that the said A. B. was charge- 
 
 able upon the said county. 
 Dated at , this day of , 18 . 
 
 T? ) 
 O ' T>'' ( Superintendents of the Poor, 
 
 81 
 
642 APPENDIX. 
 
 [ No. 86. ] 
 
 Decision of the board of county superintendents) annulling the 
 
 certificate. 
 County of , ss : 
 
 C. D., one of the superintendents of the poor of said county, 
 having reported to the board of county superintendents of the poor 
 for said county the case mentioned in the certificate, a duplicate or 
 copy whereof is hereunto annexed, the said board, after due notice 
 given to the overseers of the poor of the town of , in said 
 
 county, and after hearing the allegations and proofs in the premi- 
 ses, do hereby annul the said certificate so given, and do decide 
 that the legal settlement of A. B. is in the town of , in 
 
 said county. 
 
 Dated at , this day of , 18 . 
 
 B G ) 
 
 P* T)"' I Superintendents of the Poor. 
 
 [ No. 87. ] 
 
 Decision by the board of county superintendents, as to the re- 
 fusal of a superintendent to give the certificate. 
 County of , ss : 
 
 Notice having been given, by the overseers of the poor of the 
 town of , in said county, to C. D., one of the superin- 
 
 tendents of the poor of said county, that A. B., a poor person, 
 being in said town, should be supported as a county pauper, and 
 the said superintendent having refused (or, neglected) to give the 
 certificate prescribed by § 36, title 1, chapter 20, parti, of the 
 Revised Statute^ of the State of New-York, and the undersigned, 
 constituting the board of county superintendents of the poor for 
 said county, having, on application of the said overseers, summari- 
 ly heard the matter, hereby determine and decide that the said 
 pauper hath not gained a legal settlement in any town of the said 
 county, and should be supported as a county pauper (or, hath 
 gained a legal settlement in the town of , in said 
 
 county, as the case may be.) And the superintendents hereby 
 award to the overseers of the town of the sum 
 
APPENDIX. 643 
 
 of (here insert a sum not exceeding $10,) costs of said proceeding 
 by them in this behalf expended. 
 
 Certified under our hands, at , this day of , 18 . 
 
 B. ) 
 
 CD.'' [ Superintendents of the Poor. 
 
 [No. 88. J 
 
 Superintendents' order to pay expenses incurred by overseers 
 
 previous to the removal of a pauper. 
 To the Treasurer of the county of : 
 
 Pay to the overseers of the poor of the town of , in 
 
 said county, dollars, a sum which was necessarily paid 
 
 out or contracted to be paid for the relief or support of A. B., a 
 pauper, previous to his removal to the county poor-house, and 
 which sum the undersigned, superintendents of the poor of said 
 county, judged was reasonably expended by the said overseers, be- 
 fore the said pauper could properly be removed, and charge the 
 same to the county (or, if a town pauper, to the town of , 
 
 in said county.) 
 
 Given under our hands, at , this day of , 18 . 
 
 B C ) 
 
 q jy'' > Superintendents of the Poor. 
 
 [ No." 89.] 
 
 Superintendents 1 sanction of relief for pauper who cannot be 
 
 removed to poor-house. 
 County of , S3 : 
 
 The undersigned, one of the superintendents of the poor of the 
 county of , having been applied to by the overseers of 
 
 the poor of the town of , in said county, to give his 
 
 sanction for the expenditure of a greater sum than ten dollars for 
 the relief of A. B., as authorized by the justice's order hereunto 
 annexed, and having inquired into the facts of the case, and being 
 satisfied that the said A. B. cannot properly be removed to the 
 county poor-house, and that he is in need of further relief, hereby 
 gives his sanction to the continuance of the weekly allowance spe- 
 cified in said order, until the expenditure amounts to dol- 
 lars, over and above the sum of ten dollars authorized by the jus- 
 
644 APPENDIX. 
 
 tiee's order in this case, and to be charged to the county (or, town), 
 as specified in said order. 
 
 Given under my hand, at , this day of , 18 . 
 
 C. D., Superintendent of the Poor. 
 
 [No. 90.] 
 
 Notice of the improper removal of a pauper from another 
 county. 
 County of , ss : 
 
 To the Superintendents of the Poor of the county of : 
 
 You are hereby notified that A. B., a poor and indigent person, 
 has been improperly sent (or, carried, transported, brought, or 
 removed, or enticed to remove, as the case may be), from the said 
 county of to the county of , without legal au- 
 
 thority, and there left with intent to make the said county of , 
 to which the said removal was made, chargeable with the support 
 of the said pauper. Your are, therefore, pursuant to the provisions 
 of § 59, title 1, chap. 20, part 1, of the Revised Statutes of the 
 State, of New- York, required forthwith to take charge of such 
 pauper. 
 
 Given at , in said county of , the day of , 18 . 
 
 B. C, ) Superintendents of the Poor of 
 
 C. D., { the county of 
 
 [If a town in the county from which the pauper has been remo- 
 ved is liable for his support, then the foregoing notice will be 
 served on one of the overseers of the poor of such town, and the 
 notice 'will be varied accordingly. Service of the notice on one 
 superintendent is sufficient ; and the person serving the notice 
 should be able to make an affidavit as to the time of service, con- 
 nected with a copy of the notice served. If the superintendents 
 or overseers on whom the notice is served, do not acquiesce in its 
 allegations, they must, within thirty days after the service thereof, 
 serve on the county superintendents from whom the same was re- 
 ceived, or one of them, a notice, which may be in the following form :] 
 
 [ No. 91. ] 
 
 Superintendents' denial of removing paupers improperly. 
 County of , ss: 
 
 To the Superintendents of the Poor of county. 
 
 You are hereby notified that the undersigned, superintendents 
 
APPENDIX. 645 
 
 of the poor of the county of , deny the allegation con- 
 
 tained in your notice, of the supposed improper removal of A. B., 
 as mentioned in your notice to the undersigned, in the manner and 
 with the intent in said notice alleged. 
 
 Given under our hands, at ,this day of ,18 . 
 
 B. C, ) Superintendents of the Poor of 
 
 C. D., ) the county of 
 
 [This notice may be used by the overseers of a town in denying 
 the allegation of the superintendents that their town is liable for 
 the support of the pauper, by so varying the form as to make it 
 applicable to overseers of a town, instead of superintendents of a 
 county.] 
 
 [ No. 92. ] 
 
 Form of indenture for binding out a child by superintendents 
 of the -poor. 
 Whereas, A. B., a male child, years of age, hath been 
 
 sent to the county poor-house, in the county of , in the 
 
 State of New-York : Now, therefore, this indenture, made the 
 day of , 18 , between and , 
 
 county superintendents of the poor of the said county of the first 
 part, and C. D., of , in the county of , of the 
 
 second part, witnesseth, that the said parties of the first part, in 
 consideration of the provisions of the statute in relation to chil- 
 dren supported by the public, and of the covenants hereinafter 
 contained, do hereby bind the said A. B. to the said C. D., to serve 
 as apprentice (or, clerk) to the trade of (or, employ- 
 
 ment or profession,) until (Here insert a time, not exceeding the 
 time when the boy will be twenty-one, or, if a girl, eighteen.) 
 And the said party of the second part, in consideration of the above, 
 and of $ to him paid, (or, agreed to be paid,) as hereinafter 
 
 stated in relation to the said binding out of the said apprentice, (or 
 clerk,) hereby, for himself, his heirs, executors and administrators, 
 covenants to and with the said party of the first part, that (Here 
 state the whole agreement.) And the said C. D. further covenants 
 and agrees that he will cause such child to be instructed to read 
 and write, and also in the general rules of arithmetic ; and he fur- 
 
646 APPENDIX. 
 
 ther agrees that he will give to such apprentice, at the expiration 
 of his service, a new bible. 
 
 Signed and sealed ) [L. S.] ) Superintendents 
 
 in presence of ) [L. S.] \ of the Poor. 
 
 C. D., [L. S.] 
 
 [No. 93. J 
 
 Acknowledgment of a deed by a grantor known to the officer. 
 State op New-York, 
 
 County, ' '"'" 
 
 On this day of , in the year 
 
 C. D. came before me, and personally acknowledged that he had 
 executed the within conveyance : and I certify, that I know the 
 said C. D., who made the said acknowledgment, to be the individ^ 
 ual, described in, and who executed the said conveyance. 
 
 A. B., Justice of the Peace. 
 
 [ No. 94. ] 
 Acknowledgment by grantor, identified by a witness. 
 
 State op New- York, ) 
 
 County, \ ss - 
 
 On the day of , in the year , C. D. came before 
 
 me, and acknowledged that he had executed the within convey- 
 ance; and at the same time came E. F., residing in the town of 
 , in said county, who being duly sworn by me, deposed 
 and said, that he knew the person making the said acknowledg- 
 ment to be the individual described in, and who executed the said 
 conveyance : which J;o me is satisfactory evidence thereof. 
 
 A. B., 
 Justice of the Peace. 
 
 [ No. 95. ] 
 Aclcnowledgment by husband and wife, known to the officer. 
 State op New-York, 
 
 County, 
 
 ss. 
 
 On this day of , in the year , C. D. and Mary, 
 
 his wife, came before me, and severally acknowledged that they had 
 executed the within conveyance : and the said Mary, on a private 
 examination, apart from her husband, acknowledged that she ex- 
 ecuted the said conveyance freely, and without any fear or com- 
 pulsion of her husband — and I further certify, that I know the per- 
 
State of New-York, , 
 
 "• ss 
 
 APPENDIX. 647 
 
 sons who made the said acknowledgment, to be the same individ- 
 uals described in, and who executed the said conveyance. 
 
 A. B., 
 Justice of the Peace. 
 
 [ No. 96. ] 
 
 Acknowledgment by husband and wife, both identified by a 
 
 witness. 
 
 County, \ 
 
 On the day of , in the year , C. D. and Mary 
 
 his wife personally came before me, and severally acknowledged 
 that they had executed the within conveyance : and the said Mary, 
 on a private examination, apart from her husband, acknowledged 
 that she executed the same freely, without any fear or compulsion 
 of her husband : and at the same time appeared E. F, residing in 
 the town' of , in said county, who being by me duly 
 
 sworn, deposed and said, that he knew the persons making the ac- 
 knowledgment as aforesaid, to be the same individuals described 
 in, and who executed the within conveyance, which to me is satis- 
 factory evidence thereof. 
 
 A. B., 
 Justice of the Peace. 
 
 [ No. 97. ] 
 
 Acknowledgment by husband and wife — husband known and 
 wife identified. 
 
 State op New-York, ) 
 County, ) 
 On the day of , in the year , C. D. and Mary 
 
 his wife personally came before me, and severally acknowledged 
 that they had executed the within conveyance : and I certify, that 
 I know the said C. D. to be one of the individuals described in,, 
 and who executed the same : and the said Mary, on a private ex- 
 amination, apart from her husband, acknowledged that she exe- 
 cuted the said conveyance freely, without any fear or compulsion 
 of her husband : and at the same time appeared E. F., residing in 
 the town of , in the county aforesaid, who being by me 
 
 duly sworn, deposed and said, that he knew the said Mary, who 
 made the acknowledgment as aforesaid, to be the same individual 
 
648 APPENDIX. 
 
 described in, and who executed the within conveyance, which is to 
 me satisfactory evidence thereof. 
 
 A. B., 
 Justice of the Peace. 
 
 [ No. 98. ] 
 
 Acknowledgment by four persons, two known, and two identified. 
 State of New- York, ) 
 County, ) 
 
 On the day of , in the year , A. B., C. D., E. 
 
 F., and Gr. H., personally came before me, and severally acknow- 
 ledged that they had executed the within conveyance : and at the 
 same time appeared J. M., residing in the town of , in 
 
 said county, who being by me duly sworn, deposed and said, that 
 he knew A. B. and C. D., two of the persons making the said ac- 
 knowledgment, to be two of the individuals described in, and who 
 executed the within conveyance, which is to me satisfactory evi- 
 dence thereof, And I further certify, that I know E. P. and Gr. 
 H., the two other persons making the said acknowledgment, to be 
 the other two persons described in, and who executed the said con- 
 veyance. 
 
 J. K., 
 Justice of the Peace. 
 [ No. 99. ] 
 
 Acknowledgment by a person conveying by virtue of a power 
 
 of attorney. 
 State of New- York, ) 
 County, ) 
 On the day of , in the year , C. D. person- 
 
 ally came before me, and acknowledged that he had executed the 
 within conveyance as the act and deed of E. F., therein described, 
 by virtue of a power of attorney, duly executed by the said E. P., 
 bearing date the day of , in the year , 
 
 recorded in the office of the clerk of the county of . And 
 
 I further certify, that I know the said C. D., who made the said 
 acknowledgment, to be the same individual who executed the with- 
 in conveyance : (or if the person is unknown to the officer, and is 
 identified, say,) and at the same time appeared Gr. H., of the town 
 of , and county aforesaid, who being by me duly sworn, de- 
 
 posed and said, that he knew the individual who made the said 
 
APPENDIX. 649 
 
 acknowledgment to be the same person who executed the within 
 conveyance, which is to me satisfactory evidence thereof.- 
 
 A. B., Justice of the Peace. 
 
 [ No. 100. ] 
 
 Acknowledgment by a deputy sheriff, of a deed executed by him 
 
 in the name of the sheriff. 
 State of New- York, ) 
 
 County, \ ss - 
 On the day of , in the year , A. S. 
 
 "W. came before me, and personally acknowledged that he, as a 
 general deputy of B. H., Esq., the sheriff of the county of , 
 
 had executed the within conveyance, in the name and as the act 
 and deed of said sheriff: and I certify, that I know the said A. S. 
 "W., who made the said acknowledgment, to be the individual de- 
 scribed in, and who executed the said conveyance. 
 
 A. 3., Justice of the Peace. 
 
 [ No. 10i. ] 
 
 Proof of a deed by a subscribing witness who is known to the 
 
 officer. 
 State of New- York, 
 County, 
 
 On this day of , in the year , C. D. > 
 
 with whom I am personally acquainted, came before me, and being 
 by me duly sworn, deposes and says, that he is a resident of the 
 town of , in the county of , that he saw E. F. exe- 
 
 cute the within conveyance, that he the said C. D. subscribed his 
 name thereto as a witness, and that he knew the said E. F. to be 
 the person described in, and who executed the said conveyance. 
 
 A. B., Justice of the Peace. 
 [ No. 102. ] 
 
 Proof by a subscribing witness not known to the officer, but 
 identified by another witness. 
 
 State of New- York, ) 
 County, ) 
 On this day of , in the year , C. D. 
 
 came before me, and being by me duly- s.worn, deposes and says,, 
 that he resides in the town of < • , in the county of ; that 
 
 he saw-E..F. execute the within conveyance; that he the said C. 
 D. subscribed his name thereto as a witness, and that he knew the 
 82 
 
650 APPENDIX. 
 
 said E. F. to be the person described in, and who executed the said 
 conveyance : And at the same time came before me Gr. H., residing 
 in the town of , and county of , who being by me 
 
 duly sworn, deposes and says, that he knows the said C. D. to be 
 the same person who was a subscribing witness to the within con- 
 veyance, which is to me satisfactory evidence thereof. 
 
 A. B., Justice of the Peace. 
 
 [ No. 103. ] 
 
 Proof by subscribing witness of the execution of a deed by hus- 
 band and wife residing out of the State, the subscribing 
 witness being known to the officer. 
 
 State op New-York, 
 County, 
 
 On the day of , in the year , C. D., 
 
 with whom I am personally acquainted, came before me, and being 
 by me duly sworn, deposes and says, that he resides in the town of 
 , in the county of , and State of ; that 
 
 he saw E. F. and Mary his wife severally execute the within con- 
 veyance ; that he subscribed his name thereto as a witness, and 
 that he knew the said E. F. and Mary his wife to be the same per- 
 sons described in, and who executed the said conveyance : and that 
 at the time of the execution thereof, the said E. F. and Mary his 
 wife were residents of the said town of , in the State of 
 
 A. B., Justice of the Peace. 
 
 [ No. 104. ] 
 
 Proof by subscribing witness, identified in same case as pre- 
 ceding. 
 State of New-Yobk, ) 
 
 County, \ ss ' 
 On the day of , in the year , C. D. 
 
 came before me, and being by me duly sworn, deposes and says, 
 that he resides in the town of , in the county of , 
 
 and State of , that he saw E. F., and Mary his wife, 
 
 severally execute the within conveyance ; that he subscribed his 
 name thereto as a witness ; that he knew the said E. F., and Mary 
 his wife to be the same persons described in, and who executed the 
 said conveyance ; and that at the time of the execution thereof, 
 they were residents of the said town of , in the State of 
 
 . At the same time appeared before me, Gr. H., residing in 
 
APPENDIX. 651 
 
 the town of , county of , who being also by me duly 
 
 sworn, deposed and said, that he knew the said C. D.. to be the 
 same person who was a subscribing witness to the within convey- 
 ance, which is to me satisfactory evidence thereof. 
 
 A. B., Justice of the Peace. 
 
 [ No. 105. J 
 
 Proof as to husband by subscribing witness, and aclcnowledg- 
 ment by wife — the wife and the subscribing witness being 
 both known to the officer. 
 
 State op New- York. ) 
 County, ) 
 On the day of , in the year , C. D., 
 
 with whom I am personally acquainted, came before me, and being 
 by me duly sworn, deposes and says, that he resides in the town of 
 , in the county of ; that he saw E. F. execute the 
 
 within conveyance ; that he subscribed his name thereto as a wit- 
 ness ; that he knew the said E. F. to be one of the persons de- 
 scribed in, and who executed the within conveyance. At the same 
 time appeared before me M. F. the wife of the said E. F., who on 
 a private examination, apart from her husband, acknowledged that 
 she executed the within conveyance freely, and without any fear 
 or compulsion of her husband'. And I further certify, that I know 
 the said M. F. to be the same person described in, and who execu- 
 ted the said conveyance. 
 
 A. B., Justice of the Peace. 
 
 « 
 
 [ No. 106. ] 
 
 The same, except that the wife and subscribing witnessa re 
 both identified by another witness. 
 
 State op New- York, ) 
 County, ) 
 On the day of , in the year , C. D. came 
 
 before me, and being by me duly sworn, deposes and says, that he 
 resides in the said town of , in the county of ; 
 
 that he saw E. F. execute the within conveyance'; that he sub- 
 scribed his name thereto as a witness, and that he knew the said 
 E. F. to be the person described in, and who executed the said 
 conveyance. At the same time appeared before me, M. F., the 
 wife of the said E. F., who on a private examination, apart from 
 
652 APPENDIX. 
 
 her husband, acknowledged that she executed the within convey- 
 ance freely, and without any fear or compulsion of her husbandi 
 And at the same time appeared before be, Gr. H., residing in the 
 town of , and county of , who being. by me 
 
 •duly sworn, deposes and says, that he knows the said C. D. to be 
 the same person who was a subscribing witness to the within con- 
 veyance ; and that he also knows the said M. F., who made the 
 said acknowledgment, to be the individual described in, and who 
 executed the within conveyance, which to me is satisfactory evir 
 dence thereof. 
 
 A. B., Justice of the Peace. 
 
 [ No. 107. ] 
 Proof of a deed executed by an incorporated company. 
 
 State op New- York, ) 
 County, ) 
 
 On the day of , in the year , before me 
 
 came T. L. D., the president of the Bank of Albany, with whom I 
 am personally acquainted, and who being by me duly sworn, de- 
 poses and says, that he resides in the city of Albany, in said coun- 
 ty ; that he is the president of the Bank of Albany ; that the seal 
 affixed to the within indenture is the corporate seal of the president, 
 directors, and company of the said bank, and was affixed to the 
 said indenture by order of said directors, for the uses therein ex- 
 pressed ; and that he, by like order, did subscribe his name there- 
 to as president of said bank,, which being to me satisfactory evi- 
 dence of the due execution, of said indenture, I allow it to be 
 recorded. 
 
 L. M., Justice of the Peace. 
 
 [ No. 108. ] 
 
 Certificate of proof of the execution of a conveyance, when the 
 
 subscribing witnesses are dead. 
 State of New- York, ) 
 County, | 
 On the day of , in the year -, 0. P. came 
 
 before me, and being by me duly sworn, and the within deed of 
 conveyance being shown to him, he deposes and says, That he 
 knew the parties therein described ; that he was well acquainted 
 with A. B., the grantor ; that he had frequently, seen him write 
 
APPENDIX. . 058 
 
 and knew his handwriting ; that the name of the said grantor sub- 
 scribed to the said deed is in the proper handwriting of the said 
 A. B. 
 
 And the said 0. P. further deposes, that he was also well ac- 
 quainted with E. I., one of the subscribing witnesses to the said 
 deed, and with his handwriting ; that said E. E., at the time of 
 the date of said deed, resided in the said town of 
 in said county, and has been dead about four years ; that his name 
 subscribed as a witness to said deed is in the proper handwriting 
 of the said E. E., deceased. 
 
 And the said 0. P. further deposes, that at the time of the date 
 of said deed, he was, and for several years had been, acquainted 
 with one G. H., a shoemaker, who then resided in the said town 
 of , and in the neighborhood of the said grantor ; that 
 
 the said Gr. H. died at the town of , aforesaid, about 
 
 the year 18 , and since the date of said deed ; that deponent wag 
 not acquainted with the handwriting^ of the said G. H. ; that he 
 has never known or heard of any other person of the name of G-. 
 H., and he cannot say in whose handwriting the name last men- 
 tioned is subscribed to the said deed. 
 
 And I certify, that the deposition aforesaid of. the said 0. P., is 
 to me satisfactory evidence of the death of all the witnesses to the 
 said deed, and of the handwriting of E. E., one of the said wit- 
 nesses and of the handwriting of the said A. B., the grantor. 
 
 W. G., Justice of the Peace. 
 
 [No. 109.] 
 Order dividing a town into road districts. 
 The undersigned, commissioners of highways of the town of 
 , (or the undersigned two of the commissioners of high- 
 ways of the town of , all the commissioners of said 
 town,) having met and deliberated on the subject embraced in this 
 order, (or the undersigned, two of the commissioners of highways 
 of the town of , having met and deliberated on the sub- 
 ject embraced in this order, all the commissioners of highways of 
 said town having been duly notified to attend the said meeting of 
 the commissioners to deliberate thereon,) do hereby order that the 
 said town be, and it hereby is divided, into road districts, as 
 follows,. to wit: 
 Bond district number one, shall include (insert such a descrip- 
 
654 APPENDIX. 
 
 Hon as to include the intended highways, and the inhabitants on 
 or near the same.) And all the inhabitants liable to work on 
 highways residing therein shall be, and are hereby assigned to 
 work on' said district number one. [And if any inhabitants resi- 
 ding out of the district be assigned to work therein, insert as fol- 
 lows :) And the following inhabitants residing out of said district, 
 are assigned and required to work within the same, to wit : J. C, 
 and X. Y. District number two, &c. (proceed in like manner until 
 all are described.) 
 
 In witness whereof, we have hereto subscribed our hands, this 
 day of , 18 . 
 
 S. E. \ 
 
 D. V. > Commissioners. 
 
 T. G. ) 
 
 [No. 110. J 
 
 Appointment of overseer, by warrant of commissioners, where 
 
 a vacancy occurs. 
 Town of ) 
 
 County, ) 
 
 Whereas a vacancy has occurred in the office of overseer of high- 
 ways for road district number of said town, by reason of the 
 refusal of A. B., duly elected to said office, to serve, (or as the 
 case may be.) Now, therefore, by virtue of the power vested in 
 us by the statute in such case made, we, the undersigned commis- 
 sioners of highways of said town, (or the undersigned two of the 
 commissioners of highways of said town, all the commissioners of 
 said town,) having met and deliberated on the subject embraced 
 in this warrant, (or the undersigned, two of the commissioners of 
 highways of the town of , aforesaid, having met and de- 
 
 liberated on the subject embraced in this warrant, all the commis- 
 sioners of highways in said town having been duly notified to 
 attend the said meeting of the commissioners to deliberate thereon,) 
 do hereby, in order to fill such vacancy, appoint P. Q. overseer of 
 highways, of and for said road district, number , in said town. 
 
 In witness whereof, we have hereto placed our hands, this 
 day of , 18 . 
 
 S. R. ) 
 
 D. V. > Commissioners. 
 
 T. Q. ) 
 
APPENDIX. 
 
 655 
 
 [ No. 111. ] 
 
 Overseer s list of persons in his district liable to highway labor, 
 to be delivered by him to the town clerk, within sixteen days 
 after his election or appointment. 
 I, A. B. overseer of highways for road district number , of 
 
 the town of . , do hereby certify that the following is a 
 
 true list made by me of all the inhabitants in said road district 
 
 number 
 
 day 
 
 who are liable to work on the highways. Dated the 
 
 of 
 
 18 
 
 Names. 
 B.C. 
 L. M. 
 
 Names. 
 R. S. 
 H. J. 
 
 B., 
 
 Overseer. 
 
 [No. 112.] 
 
 Last and statement, by commissioners, of non-resident lands. 
 
 The commissioners of highways of the town of , at a 
 
 meeting of which due notice was given to all the commissioners of 
 highways of said town, and held on the day of , in 
 
 the year 18 , have made out the following list and statement of 
 the contents of all lots, pieces, or parcels of land within said town 
 of , owned by non-residents therein, through which any 
 
 road in said town doth run, or which bound upon or joins any 
 road, and which in the judgment of the said commissioners will be 
 enhanced in value by the highway labor to be assessed thereon. 
 
 Dated this day of , 18 . 
 
 Owners. 
 
 Number of 
 Road District. 
 
 Description 
 of Land. 
 
 Value. 
 
 Commissioners. 
 
 [ No. 113. ] 
 
 JL list of the assessment of highway labor. 
 
 At a meeting of the commissioners of highways of the town of 
 
 , held in said town on the day of , J. 
 
 C, H. D., and T. J., the said commissioners, having proceeded to 
 
 ascertain, estimate, and assess the highway labor to be performed 
 
 in their town for the ensuing year, (if only two of them will agree 
 
656 ■ APPENDIX. 
 
 to, the assessment roll as prepared, then insert, the undersigned, 
 two of the said commissioners,) have made out the estimate and 
 assessment for Toad district number , in said to : wn, as follows. : 
 
 (Or if only two of the' commissioners were present at the assess- 
 ment, then instead of the preceding say,) The undersigned, two of 
 the commissioners of highways of the town .of , having 
 
 met in said- town on the day of , and proceeded to 
 
 ascertain, estimate, and assess the highway labor to be performed 
 in their town for the ensuing year, all the commissioners of high- 
 ways of said town having been duly notified to attend the said 
 meeting of the commissioners for the purpose of deliberating there- 
 on, have made out the estimate and assessment for road district 
 number , in said town, as follows : 
 
 1. The inhabitants of said town assigned to said road district are 
 assessed as follows, to wit: 
 
 Names. Names, 
 
 G. S. 1 day. 
 H. T. 3 days. 
 
 P. 0. 2 days. 
 D. L. 10 days. 
 
 2, The lands owned by non-residents of said town, and situate 
 therein, are assessed as follows, to wit : 
 
 Owner's name, 
 if known. 
 
 Description of 
 Land. 
 
 Value. 
 
 Assessment. . 
 
 In witness whereof, we have hereto subscribed our names, this 
 day of , 18 . 
 
 J. C, > 
 
 H. D., > Commissioners. 
 
 T. J., ) 
 
 [ No. 114. ] 
 Additional assessment by an overseer. 
 The quantity of labor assessed on the inhabitants of road district 
 number , in the town of , being by me, the under- 
 
 signed, overseer of highways in said district, deemed insufficient 
 to keep the roads -therein, in repair, I do therefore, in pursuance 
 of the provisions of the statute in such case made, hereby make a 
 farther assessment, as follows, to wit : ■ 
 . Names. 
 
 a. S. 2 days. 
 
 H. T. lday.. 
 
 Dated the day of 18 
 
 Names. 
 
 P. 0, 4 days. 
 
 D. L. 5 days; 
 
 X. Y., Overseer. 
 
APPENDIX. 657 
 
 [No. 115.] 
 
 Agreement releasing right of way by commissioners and super- 
 visor. 
 
 This indenture, made this day of , 18 , between 
 
 A. B., supervisor of the town of and C. D. and E. P. com- 
 
 missioners of highways of said town of the first part, and 
 road company of the second part, Witnesseth : 
 
 The said party of the first part, having first become satisfied that 
 at least two-thirds of all the owners of land along the line of the 
 plankroad (or turnpike road) hereinafter described, have consented 
 in writing to the construction of such road, for value received, here- 
 by agree to release, and do release and convey to the said party of 
 the second part, the right to use and occupy the public highway 
 (here describe the same) for the purposes of a plankroad, (or°turn- 
 pike,) so long as the same shall be needed by said corporation. 
 
 In witness whereof we have hereunto set our hands this 
 day of , 18 . 
 
 [ No. 116. ] 
 
 Consent for railroad to cross a highway. 
 Countv, ) 
 Town of , j ss - 
 
 We, the undersigned, commissioners of highways, of said town 
 of , do hereby consent that the railroad com- 
 
 pany may construct a railroad across the public highway leading 
 from (describe the highway,) provided that the usefulness of said 
 highway be not impaired, 
 
 Given under our hands, this day of , 18 . 
 
 A. B., \ 
 
 C. D., > Commissioners. 
 F. H., ) 
 
 [ No. .117. ] 
 
 Notice by the overseer as to non-resident lands, to be affixed 
 on the outer door of the building in which the last town 
 meeting was held. 
 
 I, the undersigned, overseer of highways for road district num- 
 ber , in the town of , do hereby give notice, that 
 the labor assessed on the several tracts of land hereafter mentioned, 
 which have been assessed as owned by non-residents, is to be per- 
 
 83 
 
658 APPENDIX. 
 
 formed on the day of next, on the highway of said 
 
 district, between the dwelling-houses of J. M. and E. S., and the 
 owners of said land, or their agents, are hereby required to cause 
 the said labor to be performed accordingly. 
 
 Owner's names. 
 
 Description of land or tract. 
 
 Assessment. 
 
 Dated the day of ,18 
 
 X. Y., Overseer. 
 
 [No. 118. J 
 
 Complaint by an overseer to a justice, against a person notified, 
 for refusing to work, fyc. 
 X. Y., overseer of highways for road district number , of 
 
 the town of , in the county of , on oath makes 
 
 complaint to Gr. H., a justice of the peace of said town, that he 
 gave to C. D., who resides in the said district, and is assessed to 
 work on the highways therein, twenty-four hours previous notice, 
 to appear with a hoe, on the day of , instant, at 8 
 
 o'clock in the forenoon, at the dwelling-house of J. P., for the 
 purpose of working on the highways in said district, under the di- 
 rection of said X. Y., as overseer. And that the said C. D., ne- 
 glected to appear either in person, or by an able-bodied man as a 
 substitute, or to pay the commutation money for said work ; nor 
 has he rendered any excuse for such neglect. 
 
 X. Y. 
 Subscribed and. sworn, the day ) 
 
 of 18 , before me, ) 
 
 Gr. H., Justice of the Peace. 
 
 [No. 119. ] 
 
 Complaint ~by an overseer to a justice, against a person notified, 
 for neglecting to furnish a team. 
 County, ) 
 Town of , S 
 
 X. Y., overseer of highways for road district number , in 
 
 said town, on oath makes complaint to Gr. H., a justice of the peace 
 of said town, that he gave to 0. D., who resides in the said district, 
 and is assessed to work three days [or more) on the. highways 
 therein, and has a cart (or, wagon, or, plow, as the case may be), 
 with a pair of horses {or, oxen), and a man to manage them, and 
 
APPENDIX. 659 
 
 who has not commuted for his said assessment, twenty-four hours 
 previous notice, to furnish, on the day of , at 
 
 o'clock in the forenoon, at the dwelling house of E. W., a cart, 
 with a pair of horses (or as the case may be), and a man to manage 
 them, for the purpose of working one day on the highways of said 
 district, under the direction of said X. Y., as overseer; and the 
 said C. D. neglected to furnish said horses and cart, and a man to 
 manage them, or to pay the commutation money for said work ; 
 nor has he rendered any excuse for such neglect. 
 
 X. Y. 
 Subscribed and sworn before me, ) 
 this day of 18 . ) 
 
 G. H., Justice of the Peace. 
 
 [ No. 120. ] 
 
 Summons to be issued by the justice, upon the complaint of an 
 overseer, against a person notified, for refusing to work. 
 
 County 
 
 Town of , f ss " 
 
 To any constable of said town, Greeting : 
 
 Whereas, complaint hath been made to me the undersigned, a 
 justice of the peace in and for said town, by X. Y., overseer of 
 highways for road district number , in said town, that C. D., 
 
 &c. (recite the complaint.) You are therefore, in the name of the 
 people of the State of New-York, hereby commanded to summon 
 the said C. D. forthwith to appear before me, at my office in said 
 town, to show cause why he should not be fined according to law 
 for such refusal or neglect, as in said complaint is alleged against 
 him. 
 
 Given under my hand, this day of , 18 . 
 
 G. H., Justice of the Peace, j 
 
 [ No. 121. ] 
 
 A list of the lands of nonresidents and of persons unknown, 
 on which the labor assessed is unpaid, to be delivered to the 
 supervisor. 
 
 A list of all the lands of non-residents and of persons unknown, 
 which were taxed on the lists of the undersigned overseer of high- 
 ways for road district number , in the town of , on which 
 the labor assessed by the commissioners of highways has not been 
 paidj and the amount of labor unpaid. 
 
660 APPENDIX. 
 
 Owners. I Description of land. 
 
 Days assessed 
 
 Days unpaid. 
 
 Dated the day of , 18 . 
 
 X. Y., Overseer. 
 
 [ No. 122. ] 
 
 Affidavit to he written on the above list. 
 County, ss. 
 X. Y., overseer of highways for road district number , in 
 the town of , in said county, being duly sworn, saith, that 
 
 in relation to the lands described in the above list, he has given the 
 notices required by the thirty-third and thirty-fourth sections of 
 title first, chapter sixteenth of part first of the Revised Statutes, 
 and that the labor for which the said lands are returned has not 
 been performed. A. B. 
 
 Subscribed and sworn before me, ) 
 the day of , 18 . J 
 
 J. K. 
 
 [ No. 123. ] 
 Jlnnual account of an overseer of highways. 
 The annual account of X. Y., overseer of highways for road dis- 
 trict number , in the town of , rendered to the commis- 
 sioners of highways of said town, on the day of , in the 
 year 
 
 1. The names of all persons assessed to work on the highways, 
 in said road district number , of which I am overseer, are as 
 
 follows, to wit : 
 
 Names. 
 
 Names. 
 
 2. The names of all those who have actually worked on the high- 
 ways, with the number of days they have so worked, are as follows, 
 to wit : 
 
 Names. 
 
 Number of days worked. 
 
 3. The names of all those who have been fined, and the sums in 
 which they have been fined, are as follows, to wit : 
 
 Names. 
 
 Amount of fines. 
 
 4. The names of all those who have commuted, are as follows : 
 Names. 1 Amount paid by each. 
 
APPENDIX. 661 
 
 5. And the moneys arising from said fines and commutations 
 have been expended by me, as follows, to wit : 
 
 (Specify the items of expenditures, and the persons to whom 
 paid.) 
 
 6. And the following is a list of all the lands which I have re- 
 turned to H. D. H., the supervisor of said town, for the non-pay- 
 ment of taxes, and the amount of tax on each tract of land so re- 
 turned : 
 
 Owner's names. 
 
 Description of lands. 
 
 Dated the day of ,18 
 
 Amount of tax. 
 
 X. Y., Overseer. 
 
 County, ss. 
 
 X. Y., overseer of highways for road district number , 
 
 in the town of , being sworn, saith, that the preceding ac- 
 
 count is true. 
 
 Subscribed and sworn this day ) X. Y. 
 
 of 18, before me, ) 
 
 J. K. 
 
 [No. 124.] 
 
 Annual account of the commissioners of highways to town 
 
 auditors. 
 The undersigned, commissioners of highways of the town of 
 , hereby render their annual account to the board^of 
 town auditors, on the day of , 18 . 
 
 1. The labors assessed in said town, during the year ending on 
 the date hereof, is days, and the amount thereof performed is 
 
 days, as appears by the account rendered to us by the several 
 overseers of highways in said town. 
 
 2. The said commissioners have received for fines and commuta- 
 tions, received under the statute relative to highways, the sum of 
 
 dollars, to wit : 
 
 Date. From whom Received. On what Account, 
 
 Amount. 
 
 3. The improvements which have been made on the roads and 
 bridges in said town, during the year immediately preceding the 
 date of this report are as follows : (Here specify the improvements.) 
 And the roads and bridges in said town are (here give the state of 
 them, and specify whether they are in good repair or otherwise.) 
 
662 APPENDIX. 
 
 4. The following improvements are necessary to be made on the 
 roads and bridges in said town, viz : (Here specify the improvements 
 deemed necessary.) 
 
 5. And the expense of making such improvements, beyond what 
 the labor to be assessed this year will accomplish, is by us esti- 
 mated at $ 
 
 Given under our hands, this day of , 18 . 
 
 g. k., » 
 
 D. V., > Commissioners. 
 T. G., ) 
 
 [ No. 125. J 
 
 Statement and estimate to be delivered by the commissioners 
 
 of highways to the supervisor. 
 To the Supervisor of the town of : 
 
 The following improvements, &c. (As in the £th and bth clauses 
 of their annual account rendered to town auditors.) 
 
 [No. 126.] 
 
 Complaint to the commissioners of highways, against an over- 
 seer, for neglect of duty. 
 To the Commissioners of Highways of the town of : 
 
 The complaint of A. B., a resident of the town of , 
 
 aforesaid, respectfully showeth. that X. Y., the overseer of high- 
 ways for road district number , in said town, has neglected 
 and refused to warn the following persons, to wit: G. H., J. K., 
 and L. M., to work on the highways in said district, after having 
 been required to do so by the commissioners, or one of them. And 
 the said A. B. hereby requires the commissioners of highways 
 aforesaid, to prosecute the said X. Y. for the said offence. 
 
 Dated the day of , 18 . 
 
 A. B. 
 
 [ No. 127. ] 
 
 Security to be given by complainant to commissioners, to in- 
 demnify them against the costs in prosecuting the complaint 
 against overseer. 
 
 We, A. B. and E. F., acknowledge ourselves indebted to the 
 commissioners of highways of the town of , in the sum 
 
 of $ , which we jointly and severally bind ourselves to pay. 
 
 Dated the day of , 18 . 
 
APPENDIX. 663 
 
 The condition of this obligation is such, that if the said A. B. 
 doth well and truly indemnify the said commissioners of highways, 
 against the costs which may be incurred in prosecuting X. Y., the 
 overseer of highways for read district number , for the pen- 
 alty incurred by the said X. Y., in the refusal or neglect set forth 
 in the annexed complaint, then this obligation to be void, other- 
 wise of force. 
 
 C. D„ [L. S.] 
 E. F., [L. S.] 
 
 [ No. 128. ] 
 
 Application to commissioners to lay out a new road through 
 unimproved land, or through improved land with the con- 
 sent of the owner. 
 To the Commissioners of Highways of the town of , in the 
 
 county of : 
 
 The undersigned, a person liable to be assessed for highway 
 labor in said town, and residing therein, doth hereby make appli- 
 cation to you to lay out a new road of the width of three rods, 
 through land not enclosed, improved, or cultivated, (or through 
 lands not enclosed, improved, or cultivated, excepting as to lands 
 of P. Q., who consents to the laying out of said road, and has sig- 
 nified the same by signing this petition,) beginning at, &c. (descri- 
 bing the road by courses and distances, or such objects and boun- 
 daries as may make the route sufficiently definite and certain.) 
 
 [ No. 129. ] 
 
 Order of commissioners to lay out a highway through lands not 
 enclosed, improved, or cultivated, excepting in part, and by 
 the consent of the owner of that part. 
 
 At a meeting of the commissioners of highways of the town of 
 , in the county of , at , in said town, 
 
 on the day of , all the said commissioners having 
 
 met and deliberated on the subject embraced in this order, (or if 
 but two of the commissioners met, say, all the said commissioners 
 having been duly notified to attend the said meeting for the pur- 
 pose of deliberating upon the subject matter of this order,) it is 
 ordered and determined by the said commissioners, that a highway 
 be laid out in the said town of the width of four rods, on the ap- 
 plication of A. B., and by the consent of P. Q., through whose 
 
664 APPENDIX. 
 
 improved land the said highway is to pass for a part of the dis- 
 tance ; the residue of said highway being through lands not en- 
 closed, improved, or cultivated. And the said commissioners have 
 caused a survey thereof to be made as follows : The centre line of 
 the said highway is to begin at , and to run thence, &c. (here 
 insert the survey.) 
 
 In witness whereof, the undersigned, commissioners of highways 
 of said town, have hereunto subscribed their names, this day 
 of , 18 . 
 
 B. D., 1 
 
 H. S., )■ Commissioners. 
 
 U.N..J 
 
 [No. 130.] 
 
 Application to alter a road, v)here the alteration passes through 
 land not improved, enclosed, or cultivated, or through im- 
 proved land, by the consent of the owner. 
 To the Commissioners of Highways of the town of , in the 
 
 county of : 
 
 We, the undersigned, E. D. and F. Gr.. residents of said town, 
 and liable to be assessed for highway labor therein, do hereby 
 make application to you, the said commissioners, to alter the high- 
 way leading from the house of Gr. H. to the house of P. Q., in said 
 town, as follows : (Insert a description of the proposed alteration 
 by cmirses and distances, or by objects and boundaries, so as to 
 render it sufficiently certain and definite.) The proposed altera- 
 tion passes through lands which are not improved, enclosed, or 
 cultivated (or, passes through the land of E. D. and F. Gr., who 
 consent thereto.) 
 
 Dated the day of , 18 . 
 
 E. D. 
 
 F. G. 
 
 [No. 131.] 
 Order of the commissioners to alter a highway. 
 
 At a meeting of the commissioners of highways of the town 
 of , in the county of , at , in the 
 
 said town, on the day of , all the said commission- 
 
 ers having met and deliberated on the subject embraced in this 
 order (or if but two of the commissioners met, say, all the said com- 
 missioners having been duly notified to attend the said meeting, 
 
APPENDIX. 665 
 
 for the purpose of deliberating on the subject matter of this order), 
 it is ordered and determined by the said commissioners, upon the' 
 application and by the consent of 0. B. and J. S., through whose 
 lands the alteration hereafter described is to be made, that the 
 highway leading from the house of G. H. to the house of P. Q., in 
 said town, be altered according to the following survey, which the 
 commissioners have caused to be made thereof, as follows, to wit : 
 The centre line of the alteration is to begin at the centre of the 
 present highway, opposite the northerly corner of the barn of the 
 said 0. B., and to run thence (here include the whole survey), and 
 that the said alteration be of the width of rods. 
 
 In witness whereof, the commissioners of highways of said town 
 have hereto subscribed their names, this day of , 18 . 
 
 S. B., ^ 
 
 T>. V., > Commissioners. 
 T. G., ) 
 
 [ No. 132. ] 
 
 Application to lay out a highway through improved land, 
 without the consent of the owner. 
 
 To the Commissioners of Highways of the town of , in the 
 
 county of : 
 
 The undersigned, resident of the said town, and liable to be as- 
 sessed for highway labor therein, hereby makes application to you, 
 the said commissioners, to lay out a highway in said town, com- 
 mencing at, &e. (here insert a description by courses and distances, 
 or by objects and boundaries, so as to render the proposed route 
 sufficiently certain and definite), which said highway will pass 
 through the improved (or, enclosed, or, cultivated) lands of P. Q. 
 and E. S., who do not consent to the laying out of the same.* 
 
 Dated the day of , 18 . 
 
 N. M. 
 
 [No. 133. J 
 
 Notice of application, and of the meeting of freeholders, when, 
 the intended highway is through improved or cultivated 
 lands. 
 
 Notice is hereby given, that the undersigned has made applica- 
 tion to the commissioners of highways of the town of , 
 in the county of , for the laying out of a highway, conj- 
 84 
 
666 APPENDIX. 
 
 mencing, &c. (insert description as in the application), and which 
 highway will pass through a lot of improved meadow land of J. M., 
 and a lot of improved pasture land of J. S. And that on the 
 day of , at o'clock in the noon, at. , 
 
 in said town, twelve freeholders, duly qualified for that purpose, 
 will meet to examine the ground, and to certify with respect to the 
 necessity and propriety of such highway. 
 
 Dated at , this day of , 18 . 
 
 F. H. 
 
 [ No. 134. ] 
 Affidavit of affixing the notice of application. 
 County, ss. 
 H. P., of , in said county, being duly sworn, says, 
 
 that he posted up notices in writing, of which the within is a copy, at 
 (here insert the names of three prominent pullic places, where the 
 notices were posted,) three of the most public places in said town, 
 on the day of , being six days before the time specified 
 
 therein for the meeting of the freeholders. 
 
 Subscribed and sworn before me, ) H. P. 
 
 this day of , 18 . J 
 
 J. K-, Justice of the Peace. 
 
 [ No. 135. ] 
 
 Oath of freeholders. 
 
 You, and each of you, do solemnly swear, that you will well and 
 
 truly examine and certify, in regard to the necessity and propriety 
 
 of the highway applied for through the land of A. B., C. D., and 
 
 others. 
 
 [ No. 136. ] 
 
 Certificate of freeholders, with copy notice, and the affidavit 
 of posting of notice, attached. 
 County, ) 
 Town of ' , \ ss> 
 
 We, the undersigned, twelve reputable freeholders of the said 
 town, not interested in the lands through which the road described 
 in the annexed notice is to be laid, nor of kin to any owner thereof, 
 having appeared at the time and place specified in said notice, and 
 having been duly sworn, well and truly to examine and certify in 
 
APPENDIX. 667 
 
 regard to the necessity and propriety of the highway applied for ; 
 and having proceeded to and personally examined the route of such 
 highway, and heard, all reasons that were offered for and against 
 laying out the same, do hereby certify that we are of opinion, that 
 the highway applied for, and described in the annexed notice, is 
 necessary and proper. 
 
 In witness whereof, we have hereto subscribed our names, this 
 day of , in the year 18 . 
 
 E. EL, &c. &c. 
 
 [The affidavit of the posting of the notice ought to be annexed, 
 with the notice, to the certificate of the freeholders, and to go into 
 the hands of the commissioners, who are not bound to act on the* 
 application, by laying out the road, until the proof of the posting of 
 the notice shall have been made. ] 
 
 [No. 137.] 
 
 Notice to be given by the commissioners to the occupant of 
 
 land through which the road is to run. 
 To W. D. 
 
 You will take notice, that on the day of , at 
 
 o'clock in the noon, at the house of X. Y. Z., in the town of 
 , we, the undersigned, commissioners of highways of the 
 town of , and county of , will meet to decide 
 
 on the application of A. B., for the laying out, &c. (as in applica- 
 tion,) twelve qualified freeholders having, pursuant to the provisions 
 of the statute, certified that the road is necessary and proper. 
 Dated the day of , 18 . 
 
 Yours, &c. 
 
 C. H., ) . . * 
 
 D. J., > Commissioners, 
 T. D., ) 
 
 [ No. 138. ] 
 
 Certificate by the commissioners of laying out a road through 
 
 improved land. 
 
 At a meeting of the commissioners of highways of the town of 
 
 , in the county of , at , in the said 
 
 town, on the day of , all the said commissioners 
 
 having met and deliberated on the subject matter of this order, (or 
 
 if but two of the commissioners met, say, all the said commission- 
 
668 APPENDIX. 
 
 ers having been duly notified to attend the said meeting for the 
 purpose of deliberating on the subject matter of this order,) upon 
 the application of A. B. a resident in said town, and liable to be 
 assessed to work on the highways therein, for the laying out of the 
 highway hereafter described, and on the certificate of twelve repu- 
 table freeholders of said town, convened and duly sworn after due 
 public notice, as required by the statute, certifying that such high- 
 way is necessary and proper ; and notice in writing of at least 
 three days having been given in due form of law to P. Q. and K. 
 S., occupants of the lands through which the highway hereafter de- 
 scribed is to run, that the undersigned commissioners would meet 
 at this time and place, to decide on the application aforesaid, and 
 the undersigned having heard all reasons offered for and against 
 laying out such highway, it is ordered, determined, and certified, 
 that a public highway shall be, and the same is hereby laid£out 
 pursuant to said application, whereof a survey hath been made, and 
 is as follows, to wit : Beginning, &c. (as in the survey,) and the 
 line of the said survey is to be the centre of said highway, which is 
 to be rods in width. 
 
 In witness whereof, the said commissioners of highways have 
 hereto subscribed their names, this day of , 18 . 
 
 C.H.,} 
 
 D. J., > Commissioners. 
 T. D., ) 
 
 [ No. 139. ] 
 Order of commissioners, refusing to lay out or alter a highway^ 
 At a meeting of the commissioners of highways of the town of 
 , in the county of , at , in the said 
 
 town*, on the day of , all the said commissioners 
 
 having met and deliberated on the subject matter of this order, (or 
 if but two of the commissioners met, say, all the said commission- 
 ers having been duly notified to attend the said meeting for the 
 purpose of deliberating on the subject matter of this order :) It is 
 hereby ordered and determined, that the application of A. B. 
 dated the day of , for the laying out (or altering) of 
 
 the highway therein mentioned, be, and the same hereby is denied 
 and refused. 
 
APPENDIX. 669 
 
 In witness whereof, we have hereto subscribed our names, this 
 day of ,18 . 
 
 C. H., ) 
 
 H. J., > Commissioners. 
 
 T. D., ) 
 
 [ No. 140. ] 
 Agreement as to damages. 
 
 It is hereby agreed between the commissioners of highways of 
 the town of , of the one part, and P. Q. of the other part, 
 
 that the damages sustained by the said P. Q., by reason of the lay- 
 ing out and opening of a highway through the lands of the said P. 
 Q., on the application of A. B. and others, by order of the com- 
 missioners, dated the day of , be fixed and liquida- 
 ted at the sum of $ 
 
 Witness our hands, this 
 
 Commissioners. 
 
 [ No. 141. ] 
 Release of damages by the owner of the land. 
 I do hereby release to the town of , all claim to damages 
 
 by reason of the laying out and opening of a highway through my 
 lands, by order of the commissioners of highways, dated the 
 day of 
 
 In witness whereof, I have hereto set my hand and seal, this 
 
 day of , 18 . 
 
 P. Q. [L. S.] 
 
 [ No. 141, A.] 
 Order ascertaining and describing an old highway. 
 At a meeting of the commissioners of highways of the town of 
 , in the county of , at in said town, on 
 
 the day of , 18 , all the said commissioners (state 
 
 the meeting of the commissioners as in the preceding forms ;) it 
 appearing to the said commissioners, that the road in said town, 
 used as a highway, leading from to , has 
 
 been laid out, but not sufficiently described; (or, it appear- 
 ing to the said commissioners that the road in said town leading 
 
670 APPENDIX. 
 
 from to , has been used as a public highway 
 
 for twenty years, but has not been recorded :) It is therefore 
 ordered by the said commissioners, that the said road be ascer- 
 tained, described, and entered of record. And the said commis- 
 sioners having caused a survey of the said road to be made, do fur- 
 ther order that the description, courses, and distances of the said 
 road, according to the said survey, be as follows, beginning (insert 
 survey.) And it is further ordered that the line above described 
 be the centre (or, the south line &c.) of the said road, and that 
 the said road be of the width of rods. In witness whereof the 
 said commissioners have hereunto subscribed their names, the 
 day of IS . 
 
 A. B., 
 
 D. F., ^ Commissioners. 
 
 H. GL, 
 
 [ No. 142. ] 
 
 Jlppeal to the county judge from the determination of high- 
 way commissioners. 
 To the Hon. X. Y., County Judge of the county of : 
 
 The undersigned, conceiving himself aggrieved by the order and 
 determination of A. B., C. D., and E. F., commissioners of high- 
 ways of the town of , in said county, made on the 
 day of , 18 , and filed in the town clerk's office of said 
 town, altering (or, refusing to alter, or, laying out, or, refusing to 
 lay out, discontinuing, as the case may be) a highway in said town, 
 which order was made pursuant to the application of J. D., hereby 
 appeals to you from such determination. 
 
 The order hereby appealed from was filed and recorded in the 
 town clerk's office, on the day of , 18 , a copy 
 
 whereof is hereto annexed. 
 
 (To avoid mistakes, it is recommended to annex to the notice of 
 appeal a copy of the order appealed from.) 
 
 The grounds upon which this appeal is based are as follows : 
 (here state the grounds of appeal.) This appeal is brought to re- 
 verse entirely the determination of said commissioners, (or if a 
 part, state what part.) 
 
 Dated , 18 . 
 
 W. V. 
 
APPENDIX. 671 
 
 [ No. 143. ] 
 Appointment of referees by county judge to hear appeal. 
 On the day of , 18 , W. V., of the town of 
 
 , appealed to me from the order of A. B., highway commis- 
 sioner of the town of , which order was filed and recorded 
 in the town clerk's office of the town of , on the day 
 of , 18 , and is as follows : 
 (Here insert a copy of the order.) 
 
 Now, therefore, I do hereby appoint F. H., S. P. and 0. K., 
 residents of the said county of , but not of the town of , 
 
 referees to hear and determine said appeal. 
 
 Given under my hand, this day of , 18 . 
 
 X. Y., County Judge. 
 
 [ No. 144. J 
 
 Notice to the referees rf their appointment. 
 To F. H., S. P., and 0. K. 
 
 Take notice, that you have been appointed by me referees to 
 
 hear and determine an appeal made by W. V. from the order and 
 
 determination of A. B., commissioner of highways of the town of 
 
 , in the county of , contained in his order, 
 
 filed and recorded in the office of the town clerk of said town of 
 
 , on the day of 18 , as follows : (here 
 
 insert description.) And that the papers herewith delivered to you 
 
 are the papers pertaining to the appeal referred to you. 
 
 Dated the day of , 18 . 
 
 X. Y., 
 County Judge. 
 
 [No. 145.] 
 
 Notice to be given by the referees to the commissioner. 
 To A. B., Commissioner of Highways of the town of , in 
 
 the county of : 
 
 The undersigned having been duly appointed referees to hear 
 and determine an appeal made to X. Y., county judge of the coun- 
 ty of , by Gr. H., of said town of , from 
 your determination embraced in your order, made on the day 
 of , 18 , and filed and recorded in the office of the 
 town clerk of said town, on the day of , 18 , re- 
 fusing to lay out, &c, (as in the appeal ;) you will therefore take 
 
672 APPENDIX. 
 
 notice that we shall attend at the house of C. D., in said town, on 
 
 the day of , at o'clock in the noon of that 
 
 day, to hear and determine such appeal. 
 
 |i Dated the day of , 18 . 
 
 J. D., ) 
 
 P. K., > Referees. 
 
 N. K., ) 
 
 [ No. 146. ] 
 Referee's subpeena on an appeal. 
 County, ss : 
 To Q. E., T. S., and P. V., Greeting : 
 
 You, and each of you, are hereby required to appear before us, 
 at , in the town of , in said county, on the 
 
 day of , 18 , at o'clock in the noon of that day, 
 
 to testify and give evidence in the matter of an appeal made by G-. 
 H., from a determination of B. C, commissioner of highways of 
 the said town of , on the part of the said commissioner, 
 
 (or, appellant, as the case may be.) 
 
 Given under our hands, this day of , 18 . 
 
 J. D., ) 
 
 P. K., } Referees. 
 N. E., ) 
 
 [ No. 147. ] 
 
 Decision of the referees upon an order respecting the altering 
 or discontinuing a road. 
 County, ss : 
 On the day of , A. D., 18 , Gr. H., of the town 
 
 of , appealed to the Hon. X. Y., county judge of said 
 
 county, from the order and determination of B. C, commissioner 
 (or, B. C, L. M., and S. T., commissioners) of highways of said 
 town of , contained in his (or their) order, filed and re- 
 
 corded in the office of the town clerk of said town of , 
 
 on the day of , 18 , as follows : (insert the des- 
 
 cription,) copies of which said appeal and order are hereto annexed) 
 and we, the undersigned, having been duly appointed by said coun- 
 ty judge, referees to hear and determine the said appeal, convened 
 and attended at , in the said town of , on this 
 
 day of , 18 , at o'clock in the noon, in 
 
 pursuance of notice duly given to the said commissioner (or com- 
 
APPENDIX. 673 
 
 inissioners) and to G. H., the applicant aforesaid, according to law, 
 to hear the proofs and allegations of the parties. And having pro- 
 ceeded to have such hearing, had, we do hereby adjudge, and de- 
 cide, that the order and determination of the said commissioner 
 (or commissioners) t be, and the same is in all things affirmed ; 
 (or, reversed ; or, reversed in part, as follows : give the decision 
 in full.) 
 
 Given under our hands, this day of , 18 . 
 
 J. D., \ 
 
 P. K., > Referees. 
 N.B.,i 
 
 [ No. 148. ] 
 Decision of the referees on an order refusing to lay out a road. 
 County, ss. 
 On the day of , 18 , &c, (as inform No. 147 
 
 to the t, and then add :) be, and the same is in all things reversed, 
 and that a highway be laid out and established pursuant to the ap- 
 plication of the said G. H. And we do further order that the said 
 highway be of the width of rods. 
 
 Given under our hands, this day of , 18 . 
 
 J. D., 1 
 
 P. K., > Referees. 
 N. R., ) 
 
 [ No. 149. ] 
 
 Order of commissioners after a decision by referees reversing 
 a former order in part. 
 
 County, ) ggi 
 Town of , ) 
 
 An appeal having been made by G. H., to the Hon. X. Y., 
 county judge of said county of , from the order and de- 
 
 termination of the undersigned commissioners (or commissioner) of 
 highways of said town of , made on the day of 
 
 , 18 , which order was filed and recorded in the 
 town clerk's office of said town, on the day of , of 
 
 which the following is a copy, (here insert a copy of the original 
 order.) J. D., P. K., and N. R., were appointed referees, to hear 
 and decide the said appeal; and upen such hearing, the following 
 decision was made by the said referees, viz ; (here insert a copy of 
 
 the decision.) 
 
 85 
 
674 APPENDIX. 
 
 Now, therefore, in pursuance of such decision, we, the said com- 
 missioners, (or, I, the said commissioner,) do hereby order, adjudge 
 and determine, &c, (proceed as in an original order.) 
 
 In witness whereof, we, the said commissioners, (or, I, the said 
 commissioner,) have hereunto subscribed our names, (or, my name) 
 this day of 18 . 
 
 B. C, Commissioner of Highways 
 
 of the tovm of , or 
 
 B C ) 
 
 l' m' ( ^ omm ^ ss i° ners °f Highways 
 
 s' T ' ( °f ^ ie town °f 
 
 [ No. 150. ] 
 
 Order of commissioners after a final decision, when they had 
 originally refused to alter, discontinue, or lay out a road. 
 County, ) 
 Town of , J SSl 
 
 In obedience to the statute and in compliance with a decision of 
 J. D., P. K. and N. K., referees heretofore appointed by the Hon. 
 X. Y., county judge of said county of , a copy whereof 
 
 is hereunto annexed : I, the commissioner (or, we, the commission- 
 ers) of highways of said town of , do hereby order and de- 
 termine, &c. (proceed in the same manner as in an original order, 
 and annex a copy of the decision of the referees.) 
 
 In witness, &c. (as inform No. 149.) 
 
 [No. 151. ] 
 
 Application by a commissioner of highways to the county court, 
 
 to appoint commissioners to assess damages. 
 To the County Court for the county of 
 
 I, the undersigned, commissioner, (or, B. C, L. M., and S. T., 
 commissioners) of highways in and for the town of , in 
 
 said county, hereby make application to the county court of said 
 county, in pursuance of law, for the appointment of commissioners 
 to assess the damages for laying out (or, discontinuing, or, altering) 
 the highway in said town, commencing at the house of A. B., and 
 terminating at ; the said highway having been laid out 
 
 upon that route (or, discontinued ; or, altered) by virtue of an or- 
 der made by the undersigned, on the day of , 18 , 
 
APPENDIX. 675 
 
 of which the following is a copy. (Here insert a copy of the order 
 in full.) Dated the day of , 18 . 
 
 B. C, Commissioner of Highways ■ 
 
 of the town, of , or 
 
 T ' m'' ( Commissioners of Highways 
 a' m - ' ( of the town of 
 
 [No. 152.] 
 
 Appointment of commissioners. 
 At a county court, held in and for the county of , at 
 
 the court rooms in , in said county, on the day of 
 
 , A. D., 18 . Present Hon. X. Y., County Judge : 
 On reading and filing the application of B. C, commissioner, 
 lor, B. C, L. M., and S. T.,) commissioners of highways for the 
 town of , in said county of , asking for the ap- 
 
 pointment of commissioners to assess the damages for laying out 
 (discontinuing ; or, altering) the highway, (describe it at length, 
 as in the application.) 
 
 Ordered, That N. M., D. B., and H. A., be, and they are here- 
 by, appointed commissioners to assess the damages for laying out, 
 (discontinuing, or, altering) the said highway. 
 
 E. M. H., Clerk of the County Court 
 
 of county. 
 
 [No. 153.] 
 Notice to the commissioners of their appointment. 
 To N. M., D. B., and H. A. : 
 
 Please to take notice that you have been duly appointed by the 
 county court of the county of , by an order, a copy 
 
 whereof is hereto annexed, commissioner to assess the damages for 
 laying out, (discontinuing, or, altering) the highway, (describe the 
 highway,) and that you are required to meet the undersigned, com- 
 missioner at , in the town of , in said county, 
 on the day of , instant, at o'clock, in the 
 noon, to view the premises, and hear and determine the matter 
 there to be submitted. 
 
676 APPENDIX. 
 
 Dated the day of , 18 . 
 
 B. C, Commissioner of Highways 
 
 of the town of , or 
 
 T ' m'' ( Commissioners of Highways 
 a" m'' ( of the town of 
 
 [ No. 154. ] 
 Oath of commissioners to assess damages. 
 [This will be the constitutional oath ; the person administering 
 the oath will recite the duties of the person taking the oath, as 
 they are mentioned in the application for the highway.] 
 
 [ No. 115. ] 
 Assessment of damages by commissioners. 
 County, ss : 
 The subscribers, having been appointed commissioners by the 
 county court of county, to assess the damages sustained 
 
 by Gr. H., by reason of the laying out (or, the altering, or, discon- 
 tinuing) of the highway (describe the highway), which highway 
 was laid out (altered, or, discontinued), in pursuance of the order 
 of the commissioners of highways of the town of , bearing 
 
 date the day of , 18 , after having taken the con- 
 
 stitutional oath, and viewed and examined the premises, and heard 
 the parties and their witnesses, do adjudge, determine, and as- 
 sess the damages of the said Q. H., at dollars. (If dama- 
 ges are to be awarded to others, so state.) 
 
 In witness whereof we have hereunto set our names, this 
 day of , A. D., 18 . 
 
 N. M., \ 
 
 D. B., > Commissioners. 
 
 H. A., ). 
 
 [ No. 156.] 
 
 Notice of re-assessment by a jury. 
 
 Sir — You will please take notice that I consider myself aggrieved 
 
 by* the assessment of damages made on the day of , 
 
 18 , by N. M., D. B., and H. A.* commissioners appointed to 
 
 make an assessment of damages by the county court of 
 
 * If the notice is giyen by the commissioner, he will use the words "dissatisfied 
 with," in the place of the words " aggrieved by." 
 
APPENDIX. 677 
 
 county, for laying out (or, altering, or, discontinuing) the road 
 (here insert a description of the same), (the assessment being on 
 file in your omce,) and I hereby request a jury to re-assess the 
 said damages. I request that such jury be drawn by D. W., town 
 clerk of the town of (name some adjoining town), at his office 
 in said town, on the day of , instant, at o'clock in 
 
 the noon. 
 
 Dated the day of , 18 . 
 
 G. H., (or, 
 B. C, Commissioner of Highways 
 of the town of 
 To 0. L., Town Clerk of the town of 
 
 [ No. 157. ] 
 Notice to the town clerk of the adjoining town to draw a jury. 
 Sir — You are hereby required to draw a jury, to consist of 
 twelve jurors, on day of instant, at o'clock in 
 
 the noon of that day, for the purpose of re-assessing the dama- 
 ges for laying out (or, altering, or, discontinuing) the highway 
 (insert a description of the highway) ; the said damages having 
 been been assessed by N. M., D. B:, and H. A., commissioners 
 appointed for that purpose. This request is made on the ground 
 that I am aggrieved by such assessment of damages (or, I being 
 dissatisfied with the assessment of the said commissioners if made 
 by a highway commissioner). 
 Dated the day of , 18 . 
 
 G. H., (or, 
 B. C, Commissioner of Highways 
 
 of the town of .) 
 
 To D. W., Town Clerk of the town of 
 
 [ No. 158. J 
 Justice's summons for a jury. 
 
 County, ) 
 Town of , £ SS " 
 
 To any constable of the town of in said county, Greeting : 
 
 You are hereby commanded, in the name of the people of the 
 State of New- York, to summon (insert the names of all the jurors 
 drawn) jurors regularly drawn by D. W., town clerk of the town 
 of , to re-assess the damages for laying out (or, altering 
 
678 APPENDIX. 
 
 or discontinuing) the highway (describe the same) to meet at 
 . in the town of , on the day of 
 
 o'clock in the noon, for the purpose aforesaid. And 
 
 have you then and there this precept, with your return thereupon, 
 
 as by law required. 
 
 Given under my hand, this day of , 18 . 
 
 S. C, Justice of the Peace. 
 
 [No. 159. ] 
 
 Certificate of the town clerk of the drawing of the jury. 
 County, ) 
 Town of , \ ss - 
 
 I hereby certify that upon the application of G. H., (or, B. C, 
 commissioner of highways of the town of ;) and in ac- 
 
 cordance with law, on the day of , 18 , at 
 
 o'clock in the noon, at my office in the town of , 
 
 (here insert the names of all the jurors drawn) were drawn by me 
 as jurors, to re-assess the damages occasioned by laying out (or, 
 altering ; or, discontinuing) the highway (insert description of the 
 same,) the damages having been assessed by N. M., D. B., and 
 H. A., commissioners for that purpose, but the said G. H. con- 
 ceiving himself aggrieved by (or, the said B. C, commissioner of 
 highways being dissatisfied with) the decision and assessment of 
 the said commissioners. 
 
 Given under my hand, this day of , 18 . 
 
 D. W., Town Clerk of the town of 
 
 [ No. 160. ] 
 
 Verdict of jury re-assessing damages. 
 County, 
 
 Town of 
 
 We, the undersigned, freeholders of said county, neither resi- 
 dents of , nor of kin to G. H., nor in any manner inte- 
 rested in the lands through which the road hereinafter mentioned is 
 located, being the jury drawn, summoned and sworn to re-assess 
 the damages sustained by the said G. H., by reason of the laying 
 out (or, altering, or, discontinuing,) of the highway, (describe the 
 highway,) in pursuance of the order of the commissioners of high- 
 ways of the town of , bearing date the day of 
 18 , after having viewed and examined the premises, and heard 
 
APPENDIX. 679 
 
 the parties, and such witnesses as were examined before us, do hereby 
 re-assess the damages of the said G. H., sustained by him by rea- 
 son of the said laying out (or, altering, or, discontinuing) of the 
 highway aforesaid, at dollars ; (if other persons are inte- 
 
 rested in the damages, state the amount. re-assessed to each.) 
 In witness whereof, we have hereunto set our hands, this 
 day of , 18 . 
 
 A. B., 1 
 C. D., 
 E. F., 
 
 &c. &c. 
 
 ■ Jurors. 
 
 [No. 161. J 
 
 Certificate of justice to the verdict of jury 
 
 County, ) 
 Town of , \ ss - 
 
 I, S. C, a justice of the_'peace of said town, do hereby certi- 
 fy that the above is the verdict of the jury summoned in pursuance 
 of a summons issued by me, and drawn and sworn by me to re-as- 
 sess the damages sustained by G. H., by the laying out (or, alter- 
 ing, or, discontinuing) of the highway mentioned in the said ver- 
 dict. 
 
 Given under my hand this day of , 18 . 
 
 S. C, Justice of the Peace. 
 
 [ No. 162. ] 
 
 Order ascertaining and describing an old highway. 
 At a meeting of the commissioners of the town of 
 in the county of , held in the said town, at the house of 
 
 , on the day of , all the said commissioners 
 
 having met and deliberated on the subject of this order, (or if but 
 tvjo of the commissioners met, say, all the said commissioners hav- 
 ing been duly notified to attend the said meeting for the purpose 
 of deliberating on the subject of this order), it appearing to the 
 said commissioners that the road in said town, used as a highway, 
 leading from to , has been laid out, but not 
 
 sufficiently described of record (or, has been used as a public high- 
 way for twenty years, but has not been recorded), it is ordered by 
 the said commissioners, that the said road be ascertained, described 
 and entered of record. And the said commissioners do further 
 
680 APPENDIX. 
 
 order, that the description, courses, and distances of said road, he 
 according to a survey which they have caused to be made of the 
 same, as follows : {insert survey,) and that the line of said survey 
 be the center of said road, and said road be of the width of 
 rods. 
 
 In witness whereof, we have hereunto placed our hands, this 
 day of ,18 . 
 
 J. C, ) 
 
 H.D., > Commissioners. 
 
 T. J., ) 
 
 [ No. 163. ] 
 
 Determination upon a subject of disagreement between the 
 
 commissioners of two towns, relating to a road extending 
 
 into both their towns. 
 
 At a joint meeting of the commissioners of highways of the town 
 of , in the county of , and the commissioners 
 
 of highways of the town of , in the same county, held at 
 
 on the day of , upon the request of the said 
 
 commissioners of highways for the town of , for the 
 
 purpose of making a determination upon the subject of a disagree- 
 ment between the said commissioners of the said towns relative to 
 the laying out (or alteration of) a road hereinafter described, and 
 extending into both the said towns, have made their determination 
 upon the subject of the said disagreement, and do hereby deter- 
 mine, that the said road be laid out (or altered) as follows, to wit : 
 (here set forth the manner in which the dispute is adjusted and 
 settled.) 
 
 In witness whereof, we have hereto subscribed our names, this 
 
 day of , 18 . 
 
 J C ) 
 
 W -rv'' ! Commissioners of Highways 
 
 T ' t' ( °f *^ e town °f 
 
 m' n"' ( Commissioners of Highways 
 
 p ' n' \ of the town of 
 Jr. l^., ) 
 
 [ No. 164. ] 
 
 Order of commissioners for laying out a highway on the line 
 between two towns. 
 At a meeting of the commissioners of highways of the towns of 
 , and , in the county of , in 
 
APPENDIX. 681 
 
 the said town of , on the day of , for 
 
 the purpose of laying out a highway upon a line between the said 
 towns, two of the commissioners of each of the said towns being 
 present, It is ordered and determined by the said commissioners, 
 that a highway be laid out upon the line between the said towns, 
 or as near thereto as the convenience of the ground will admit, 
 according to a survey thereof which the said commissioners have 
 caused to be made as follows : [insert survey ;) and that the said 
 line as above. described be the centre of the said highway, and that 
 the said highway be of the width of rods. And it is further 
 ordered, that the said highway be divided into two road districts, 
 as follows : that part thereof from to shall be one of 
 
 the said road districts, and shall be allotted to the said town of 
 ; and the residue of the said highway shall be the other 
 of the said road districts, and shall be allotted to the said town 
 of 
 
 In witness whereof, the said commissioners have hereto sub- 
 scribed their names, the day of , 18 . 
 
 J. C, ) Commissioners of Highways 
 H. D., ) of the town of 
 L. M., ) Commissioners of Highways 
 M. N., ) of the town of 
 
 [ No. 165. ] 
 Notice to the tovm cleric of application for a private road. 
 
 To D. N., Town Clerk of the town of : 
 
 Please take notice that an application has been made to me {or, 
 us) by R. H., to lay out a private road in said town, for his use, 
 commencing, &c, (describe the road at length by metes and bounds, 
 as in the application), and passing through the lands of P. Q., and 
 that I hereby request you to draw a jury, in accordance with law, 
 on the day of instant, at o'clock in the 
 
 noon'of that day, to determine the necessity of such road, and assess 
 the amount of damage to be sustained by the opening of the same. 
 Dated this day of , 18 . 
 
 B. C, Commissioner of Highways 
 
 of the town, of , (or 
 
 B. C. 
 
 of the town of 
 
 T ™'' ( Commissioners of Highways 
 - L - ^-' ( of the town of 
 
 S. T., ) 
 
 86 
 
682 APPENDIX. 
 
 [ No. 166. ] 
 Notice to persons interested that a jury will be drawn. 
 To B. S. : 
 
 You are hereby notified that a jury will be drawn by D. N., 
 town clerk of the town of , at his office in said town, 
 
 on the day of , instant, at o'clock in the 
 
 noon, to determine the necessity of laying out a private road 
 through the land of P. Q., in said town, and the damage incident 
 thereto, commencing at, &c, (insert the description of the road), 
 upon the application of R. H., made to us. 
 
 Dated the day of , 18 . 
 
 B C ) 
 
 T " m'' ( C° mm i ss i° ners °f Highways 
 
 a' m'' ( of the town of 
 
 [No. 167. J 
 Certificate of the drawing of the jury for a private road. 
 County, ) 
 Town of \ 
 
 I hereby certify, that, in pursuance of a notice of the commis- 
 sioners of highways of the town of , requiring a jury to be 
 drawn, agreeably to the provisions of the statute, to determine the 
 necessity of laying out a private road, and the amount of damage 
 occasioned by the opening of the same through the land of P. Q., 
 in said town, commencing at, &c. {describe the road), upon the ap- 
 plication of R. H., made to the said commissioners, on the day 
 of , 18 , at o'clock in the noon, at my office, 
 (here insert the names of the jurors drawn) were severally drawn 
 by me as jurors to determine the necessity of said private road, and 
 the amount of damage to be sustained by the opening thereof. 
 Given under my hand, this day of , 18 . 
 
 D. N., Town Clerk 
 town of 
 
 [No. 168.] 
 Justice's summons to summon jury to determine the propriety of 
 laying out a private road. 
 County, | 
 Town of , \ ss< 
 
 To any constable of the town of , in said county, Greeting : 
 
 You are hereby commanded, in the name of the people of the 
 
APPENDIX. (183 
 
 State of New- York, to summon (insert the names of all the jurors 
 drawn) jurors regularly drawn in accordance with law, by the 
 town clerk of the said town of , to meet at 
 
 in said town, on the day of instant, at o'clock 
 
 in the noon, to determine the necessity of laying out a pri- 
 
 vate road through the land of P. Q., and the amount of damage 
 sustained by the opening of the same ; the road to commence at, 
 and passing through the lands of, &c, (give description of the road.) 
 And have you then and there this precept, with your return there- 
 upon, as by law required. 
 
 Given under my hand, this day of , 18 . 
 
 S. C, Justice of the Peace. 
 
 [No. 169.] 
 
 Verdict of the jury in reference to laying out a private road. 
 "We, the undersigned, disinterested freeholders of the town of 
 , in the county of , having been drawn, 
 
 summoned, and sworn, well and truly to determine the necessity 
 of laying out a private road, upon the application of R. H., to the 
 Commissioners of Highways of the town of , bearing 
 
 date the day of ,18 , through the land of P. Q., 
 
 commencing at &c, (give description of the road) and also to de- 
 termine the amount of damage to be sustained by the opening 
 thereof, having viewed the premises, and heard the allegations of the 
 parties and their witnesses, do hereby determine that it is necessa- 
 ry and proper to lay out and establish such private road. And we 
 further certify that the amount of damage occasioned to P. Q., by 
 the opening thereof, is dollars. In witness whereof, we 
 
 have hereunto set our hands, thi3 day of , 18 . 
 
 A. B., 
 C. D., 
 E. ¥., 
 &c. &c. 
 
 Jurors. 
 
 [ No. 170. ] 
 Certificate of the justice to the verdict of the jury. 
 County, ) gs _ 
 Town of » ) 
 
 It is hereby certified by me, the undersigned, one of the justices 
 of the peace of said town, that the above is the verdict of the jury 
 
684 APPENDIX. 
 
 summoned by a summons issued by me,, and drawn and sworn by 
 me, to determine the necessity of laying out the private road men- 
 tioned in said verdict, and the amount of damage to be sustained 
 by the opening of the same. 
 
 Given under my hand, this day of , 18 . 
 
 S. C, Justice of the Peace. 
 
 [ No. 171. ] 
 Order for laying out a private road. 
 County, 
 Town of , 
 
 At a meeting of the commissioners of highways of the town of 
 , aforesaid, on the day of , all the said 
 
 commissioners having met and deliberated on the subject of this 
 qrder, {or if but two of the commissioners met, say,) all the said 
 commissioners having been duly notified to attend the said meet- 
 ing, for the purpose of deliberating on the subject of this order,) 
 upon the application of K. H., for the laying out of the private 
 road hereafter described, and on the verdict of six jurors of said 
 town, drawn, summoned, and sworn, after due notice had been given 
 to the persons interested in the lands through which said road 
 is to pass, as required by law, determining that such road was 
 necessary, and the amount of damage* to be sustained by the open- 
 ing of the same : It is therefore ordered and determined by the said 
 commissioners, that a private road be laid out for the use of the 
 said R. H., pursuant to his application, the courses and distances 
 whereof, according to a survey thereof which the said commission- 
 ers have eaused to be made, are as follows : {Insert the survey at 
 length.) And it is further ordered and determined, that the line 
 above described be the center of said road, and that said road be 
 of the width of rods. 
 
 In witness whereof, we have hereunto subscribed our hands, this 
 day of 18 . 
 
 B. 0.,i 
 
 L. M., > Commissioners. 
 
 S. T„ ) 
 
 [ No. 172. ] 
 Application for discontinuance of an old road. 
 To the Commissioners of Highways of the town of , in 
 
 the county of : 
 
APPENDIX. 685 
 
 The undersigned, a resident of said town, liable to be assessed 
 for highway labor, hereby makes application to you for the discon- 
 tinuance of the old road in said town, commencing, &c. (describe 
 the road), on the ground of its having become useless and unne- 
 cessary. 
 
 Dated the day of ,18 . 
 
 A. B. 
 [ No. 172, A. ] 
 
 Oath of freeholders, upon application for the discontinuance 
 
 of a road. 
 You, and each of you, do swear, that you will well and truly 
 examine and certify in regard to the propriety of the discontinu- 
 ance of the road for which A. B. has made application. 
 
 [ No. 173. ] 
 
 Certificate of freeholders upon application for the discontinu- 
 ance of an old road. 
 
 "We, the undersigned, disinterested freeholders of the town of 
 , having met at , on this day of , 
 
 in pursuance of the summons of the commissioners of highways of 
 said town, in order to examine and certify in regard to the pro- 
 priety of discontinuing the road described in the annexed applica- 
 tion, and after being duly sworn, and having viewed said road, do 
 certify that the same is in our opinion useless and unnecessary. 
 
 In witness whereof we have hereunto subscribed our names, this 
 
 day of , 18 . 
 
 3 P. E. 
 
 S. T., &c. 
 [ No. 174. ] 
 
 Order of commissioners for discontinuing a road. 
 At a meeting of the commissioners of highways of the town of 
 , in the county of , at , in said 
 
 town, on the day of , 18 , all the said commission- 
 
 ers having met and deliberated on the subject of this order, (or if 
 but two of the commissioners met, say, all the said commissioners 
 having been duly notified to attend the said meeting, for the pur- 
 pose of deliberating on the subject of this order,) upon the applica- 
 tion of A. B., of said town, for the discontinuance of the road here- 
 inafter described, and on the certificate of twelve disinterested free- 
 holders duly summoned and sworn, who have in due form certified 
 
686 APPENDIX. 
 
 that said road is useless and unnecessary, and the said commission- 
 ers having caused a survey of said road to be made as follows, to 
 wit : (Here insert the survey.) It is ordered and determined by 
 the said commissioners, that the said road be, and the same 
 hereby is discontinued. 
 
 In witness whereof, we have hereto subscribed our names, this 
 day of , 18 . 
 
 J. C, } 
 
 H. D., > Commissioners. 
 
 T. J. ; ) 
 
 [No. 175.] 
 
 Notice to the occupant of the land for the removal of his 
 
 fences. 
 To Mr. E. F. : 
 
 Please to take notice, that we, the commissioners of highways 
 of the town of , having by an order duly made and filed 
 
 with the town clerk, bearing date the day of , laid 
 
 out a public highway through your enclosed lands, do hereby re- 
 quire you to remove your fences from within the bounds of said 
 highway within sixty days after the service of this notice. Dated 
 the day of , in the year 18 . 
 
 Yours, &c, . 
 
 J. C.,1 
 
 H. D., > Commissioners. 
 
 T. J., ) 
 
 [ No. 176. J 
 
 Order of commissioners to remove fences in case of an en- 
 croachment on the highway. 
 
 We, the commissioners of highways of the town of 
 in the county of , having ascertained that the public 
 
 highway in said town leading from the house of , to the 
 
 house of , is encroached upon on the easterly side thereof, 
 
 along the lands in the occupation of W. X., by a stone fence erected 
 by the present or former occupant thereof, which forms part of the 
 enclosure of said land ; and having caused the said highway to be sur- 
 veyed, and having ascertained the easterly bounds and limits thereof 
 to be upon, and according to the following line, to wit: Beginning, 
 &c. (here insert the survey of the line over which the encroachment is 
 made,)~a,n& that all that narrow piece of land which lies under and 
 
APPENDIX. 687 
 
 between the said stone fence and the line above described, is a part 
 of the public highway aforesaid : 
 
 It is therefore ordered by the commissioners of highways of 
 said town, that the said stone fence be removed, so that the said 
 highway be open and unobstructed, and of the breadth originally 
 intended, which was rods. 
 
 Done at a meeting of the commissioners of highways of the 
 said town of , on the day of , all of the 
 
 said commissioners having met and deliberated on the subject of 
 this order, (or, all the said commissioners having been notified to 
 attend the said meeting, for the purpose of deliberating on the sub- 
 ject of this order.) 
 
 J. C, i 
 
 H. D., \ Commissioners. 
 
 T. J., ) 
 
 [No. 177.] 
 
 Notice to the occupant to remove the encroachment. 
 To Mr. W. X. 
 
 Take notice that an order of which a copy is hereto annexed, has 
 been duly made by the Commissioners of Highways of the said 
 town of , and you are required, according to the statute 
 
 in such case made to remove the fence therein mentioned within 
 sixty days after service of this notice. Dated the day of 
 
 , in the year 18 
 
 .!. C, ) 
 
 Commissioners. 
 
 [ No. 178.'-] 
 
 Precept to summon a jury to inquire into the encroachment. 
 County, ) 
 Town of , \ 
 
 To any constable of said town, Greeting : 
 
 You are hereby commanded, in the name of the people of the 
 State of New- York, to summon twelve freeholders of said town, to 
 meet on the day of , instant, at o'clock in the 
 
 noon, at , in said town, to inquire whether any 
 
 encroaehment has been made, and by whom, upon the highway in 
 said town, leading from the house of to the house of 
 
 , where it runs along the lands in the occupation of 
 
688 APPENDIX. 
 
 W. X., in the said town, and give at least three days' notice to the 
 commissioners of highways of said town, and to the said W. X., of 
 the time and place at which the said freeholders are to meet. 
 Given under my hand, this day of , 18 . 
 
 A. R., Justice of the Peace. 
 
 [ No. 179. ] 
 
 Juror's oath on an inquiry concerning an encroachment. 
 Tou do swear, that you will well and truly inquire whether any 
 encroachment has been made, and by whom, on the highway now 
 in question. 
 
 [ No. 180. J 
 
 Oath to a witness on an inquiry concerning an encroachment. 
 You do swear, that the evidence you shall give in relation to the 
 encroachment on the highway now in question, shall be the truth, 
 the whole truth and nothing but the truth. 
 
 [ No. 181. J 
 
 Verdict of the jury, on an inquiry concerning an encroachment 
 
 by fence. 
 
 The undersigned, freeholders of the town of , in the 
 
 county of , summoned and assembled, and duly sworn 
 
 as a jury, in pursuance of a precept dated the day of , 
 
 issued by J. S., a justice of the peace of said town, on the appli- 
 cation of the commissioners of highways thereof, or of one of them, 
 to inquire whether any such' encroachment on the public highway 
 in said town, as is specified in an order of said commissioners, 
 dated the day of , has been made, and by whom, 
 
 and having heard the proofs and allegations produced and submit- 
 ted, do certify, that such encroachment has been made by W. X., 
 the present occupant, (or, by Y. Z., the former occupant.) 
 
 And for the purpose of specifying the particulars of such en- 
 croachment, the jurors aforesaid do find and certify, that the 
 easterly bounds and limits of the said highway along the said en- 
 croachment, are as follows, to wit : Beginning, &c. (here insert the 
 survey, or a precise description of the line,) and that the stone 
 fence along the land in the occupation of the said "W". X., and 
 westerly of said line, is upon the said highway, and an encroach- 
 ment thereon ; and that the narrow piece of land, under and between 
 the said stone fence and the aforesaid line, is a part of the said 
 public highway. 
 
APPENDIX. 
 
 Done and certified, this day of , in the year , 
 
 as witness our hands. < 
 
 (If the Jury find that no encroachment has been made, the form 
 will be like the preceding as far as the word '• certify," and then 
 as follows, to wit :) 
 
 That no such encroachment has been made on the public high- 
 way, and we have ascertained, and do certify, that the said W. X., 
 the occupant of the land through (or by) which the said highway 
 runs, has sustained damages by reason of the proceedings of the 
 said commissioners against him to the sum of dollars. 
 
 [ No. 182. J 
 Warrant to collect the costs of an inquiry concerning an en- 
 croachment. 
 The people of the State of New- York, to any constable of the town 
 of , in the county of : 
 
 Whereas the commissioners of highways of the said town did, on 
 the day of , last, make, reduce to writing, and sign 
 
 an order for the removal of a certain fence as an encroachment 
 upon the highway, running through (or by) the lands in said town 
 in the occupation of "W. X., specifying the breadth of the road, and 
 the extent and place of the encroachment, according to the statute, 
 which said encroachment being denied by said occupant, a jury of 
 twelve freeholders was, upon the application of said commissioners, 
 (or T. J., one of said commissioners,) by a precept issued by me, 
 duly summoned to inquire into the premises, and the said jury 
 being duly assembled and sworn, after due notice to the said occu- 
 pant, as required by law, and having heard the allegations pro- 
 duced and submitted on the day of last, the said 
 jury made and subscribed a certificate in writing, that an encroach- 
 ment had been made by , the present (or former) occupant of 
 said land, stating the particulars thereof. And whereas the costs 
 of the said inquiry amount to the sum of dollars and cents, 
 which remain unpaid : Therefore you are commanded to levy the 
 said costs of the goods and chattels of the said W. X., the occu- 
 pant of the said land through (or by) which the said highway runs, 
 and bring the same before me without delay. 
 
 Given under my hand and seal, this day of , in 
 
 the year . A. R., 
 
 Justice of the Peace. [Jj. S,] 
 87 
 
690 APPENDIX. 
 
 [ No. 183. ] 
 Marriage certificate. 
 This is to certify, that on the day of , instant, Gr. 
 
 H., of &c, and M. N., of &c, were lawfully joined together in 
 holy matrimony, which was solemnized by me, in the presence of 
 A. B., of &c, and E. L., of &c, attesting witnesses. And I fur- 
 ther certify, that the said G-. H., and M. N., are known to me (or, 
 were satisfactorily proved, by the oath of W. F., known to me), to 
 be the persons described in this certificate ; that I ascertained, 
 previous to the solemnization of such marriage, that the parties 
 were of sufficient age to contract the same ; and that, after due in- 
 quiry, there appeared no lawful impediment to such marriage. 
 Dated this day of , 18 . 
 
 J. K., Justice of the Peace, 
 (or, Minister, <f-c.) 
 
 ' Witnesses. 
 
 F, L.',\ 
 
 [ No. 184. ] 
 Collector's notice. 
 Notice is hereby given to the taxable inhabitants of the town of 
 (or, of the ward, in the city of ,) that 
 
 I, the undersigned, collector of taxes in and for said town, (or, 
 ward) have received the warrant for the collection of the taxes for 
 the present year; and that I will attend at , in said 
 
 town, on Tuesday of each week, for thirty days from the date 
 hereof, from nine o'clock in the" forenoon until four o'clock in the 
 afternoon, for the purpose of receiving payment of taxes. 
 Dated , the day of , 18 . 
 
 A. B., Collector. 
 
 [ No. 185. ] 
 
 Commissioner's bond. 
 Know all men by these presents, that we, A. B., C. D., and B. 
 F., of , are held and firmly bound unto G. H., super- 
 
 visor of the town of , in the penal sum of one thousand 
 
 dollars, to be paid to the said supervisor, or his successor in 
 office. For which payment, well and truly to be made,' we bind 
 ourselves and our heirs, executors, and administrators, jointly 
 and severally, firmly by these presents. 
 
APPENDIX. 691 
 
 Sealed with our seals, and dated the day of , in 
 
 the year of our Lord one thousand eight hundred and 
 
 The condition of this obligation fs such, that if the above boun- 
 den A. B., who has been elected commissioner of highways of the 
 town of , in the county of , shall faithfully . 
 
 discharge his duties as such commissioner ; and within ten days 
 after the expiration of his term of office, pay over to his successor 
 or successors all moneys which may be remaining in his hands as 
 such commissioner, and faithfully, and truly account to such suc- 
 cessor for all moneys received and paid out by him as such com- 
 missioner, without fraud or delay, then the preceding obligation to 
 be void otherwise to remain in full force and virtue. 
 
 Sealed and delivered in presence of 
 
 [No. 186. ] 
 Notice of resignation of commissioner. 
 To A. B., C. D., and E. F., Esqs., Justices of the Peace of the. 
 town of 
 
 I hereby tender my resignation of the office of commissioner of 
 highways for the town of , for the following reasons : 
 
 [Give the reasons.) G-. H. 
 
 Dated, &c. 
 
 [ No. 187. ] 
 
 Notice of application for additional appropriation of money 
 
 for highway purposes. 
 To the public. 
 
 Notice is hereby given that the undersigned will apply at the 
 next annual town meeting to be held in the town of , on 
 
 the day of 18 , to the qualified voters of said town, 
 
 to raise by vote the sum of , dollars, to be used in said 
 
 town during the ensuing year, for the construction of roads and 
 bridges therein. 
 
 Dated, , 18 . 
 
 Signed, C. E. W. 
 
 [No. 187, A] 
 
 Notice from the sheriff to the supervisor, or to an assessor of 
 each town or ward in his county. 
 
 Snt:— 
 
 A general election is to be held on the day of Novem- 
 
692 APPENDIX. 
 
 ber next, at which are to be elected the officers mentioned in the 
 annexed copy of a notice, from the secretary of state, of which no- 
 tice is hereby given to enable you to notify the inspectors of elec- 
 tion in each election district of your town (or, ward) to meet as 
 required by law, to make the necessary arrangements for holding 
 the said election. A. B., Sheriff of the- 
 
 county of 
 
 [No. 188.] 
 
 Certificate to be given to a teacher by town superintendent. 
 I hereby certify that I have examined G. B., and do believe 
 that he (or, she, as the case may be,) is well qualified in re3pect to 
 moral character, learning and ability, to instruct a common school 
 in this town for one year from the date hereof. 
 
 Given under my hand at this day of , 18 . 
 
 C. D., 
 Town Superintendent of Common 
 Schools of the town of 
 
 [ No.* 189. J 
 Instrument annulling teacher's certificate. 
 Having inquired into certain complaints against A. B., hereto- 
 fore licensed as a teaeher of common schools of said town, and 
 being of opinion that he, the said A. B., does not possess the requi- 
 site qualifications as a teacher, in respect to moral character, (or, 
 in respect to learning, or, in respect to ability in teaching, as the 
 case may be,) and having given at least ten days' previous notice 
 in writing to said teacher, and to the trustees of the district in 
 which he is employed, of my intention so to do, I have annulled, 
 and hereby do annul the said certificate and license so granted as 
 aforesaid. 
 
 Given under my hand this day of , 18 . 
 
 C. D., 
 Town Superintendent of Common 
 Schools of the town of 
 
 [No. 190.] 
 Form of a resolution for the alteration of a district. 
 At a meeting of, &c, x 
 
 Resolved, That districts number one and number two, in the said 
 
APPENDIX. 693 
 
 town be altered as follows, viz : by setting off the farms and par- 
 cels of land occupied by J. B., T. J. and W. B., from district 
 number one, in which they have heretofore been included, to dis- 
 trict number two, so that the east boundary of district number one 
 shall hereafter be the easterly line of the farms and parcels of 
 lands occupied by A., B., C, D., &c, and the westerly boundary 
 of district number two shall be the westerly lines of the farms and 
 parcels of land occupied by the said J. B., T. J., and W. B. ; the 
 said J. B., having consented to be set off as aforesaid. The writ- 
 ten consent of the. trustees of the said districts number one and 
 two, having been presented to the town superintendent, is filed 
 with the town clerk; (orj the consent of the trustees of the said 
 districts respectively, or, of district No. 1 , or 2, as the case may be, 
 not having been given to the said alteration, it is ordered, that a 
 notice in writing of such alteration, signed by the town superin- 
 tendent, be served on some one of the trustees of each of the said 
 districts, or, of district No. 1, or 2). 
 
 [No. 191.] 
 Form of a resolution creating a new district. 
 At a meeting, &c, 
 
 Resolved, That a new school district be formed to consist of the 
 present districts No. 1 and No. 2 ; (or, the present district No. 1, 
 and a part of district No. 2 ; or, parts of districts No. 1 and No. 
 2, as the case may be,) which said new district shall be numbered 
 and shall be bounded as follows : on the north by the north line 
 of the town of ; on the east by the easterly line of the 
 
 farms and lots of land now occupied by Q. B., S. T., &c. ; on the 
 south by the south line of lots No. 56, 57, and 58, as designated 
 on the map of said town ; and on the west by the westerly line of 
 the farms and lots now occupied by A, B, C, D, &c. 
 
 The formation of the aforesaid district, involving an alteration 
 of District No. 1 and No. 2, the consent of the trustees of the 
 said districts to such alteration has been presented to the town su- 
 perintendent, and filed with the town clerk. (Or, if such consent 
 has not been given, the following entry should be made: The for- 
 mation of the aforesaid district, involving an alteration of districts 
 ■ No. 1 and 2, and the consent of the trustees of district No. 1 to 
 such alteration not having been given, it "is ordered that a notice 
 
694 APPENDIX. 
 
 in writing of the said alteration,' signed by the town superinten- 
 dent, be served on one of the trustees of the said district, by the 
 town superintendent.) 
 
 [No. 192.] 
 
 Notice to trustees not giving their consent to an alteration - 
 of their district. 
 The trustees of district No. , in the town of , will 
 
 take notice, that an order was made this day by the town superin- 
 tendent of common schools of the said town, of which the follow- 
 ing is a copy, by which certain alterations in the said district are 
 made as will appear by the said order ; arid that such alterations 
 will take effect after three months from the service of this notice. 
 Dated, &c. 
 
 G. H., Town Superintendent of Common 
 Schools of the town of 
 [Here insert copy of order of town superintendent.) 
 
 [No. 193.] 
 Notice of first meeting in a district, to organize. 
 To W. X., a taxable inhabitant of district No. , in the 
 
 town of 
 The town superintendent of common schools of the town of 
 , having by an order, of which the following is a copy, form- 
 ed a new district in the said town, to be numbered , ■ , consisting 
 of the territory particularly specified in the said order ; you are 
 hereby required to notify every inhabitant of the said district quali- 
 fied to vote at district meetings, to attend the first district meet- 
 ing of the said district, which is hereby appointed to be held at the 
 house of in the said town, on the day of 
 
 next, at '6 o'clock in the afternoon, by reading this 
 notice in the hearing of each such inhabitant, or in case of his ab- 
 sence from home, by leaving a copy of this notice, at least six 
 days before the said time so appointed for the said meeting. Da- 
 ted, &c. 
 
 A. B., Town Superintendent of Common 
 Schools, of the town of 
 
APPENDIX. 695 
 
 [ No. 194. ] 
 
 Oath to be administered by inspectors of election to a person 
 challenged. 
 "You do swear {or, affirm, as themse maybe,) that you have 
 been a citizen of the United States for ten days, and are now of 
 the age of twenty-one years, that you have been an inhabitant of 
 this State for one year next preceding this election, and for the 
 last four months a resident of this county; that you have been for 
 thirty days next preceding this election, a resident of this Assem- 
 bly district, (or, Senate, or, Congressional district, ward, town, vil- 
 lage, or, city, as the case may he, naming any or all of the foregoing 
 districts, ward, town, village or city from which the officer is to be 
 chosen for whom said person offers to vote,) that you are now a 
 resident of this town, (or, ward, as the case may be,) and of the' 
 election district in which you now offer to vote ; and that you have 
 not made any bet or wager, and are not directly or indirectly in- 
 terested in any bet or wager depending upon the result of this elec- 
 tion, and that you have not voted at this election." 
 
 [ No. 195. ] 
 
 Form of a precept to be issued by the inspectors for the arrest 
 and detention, until the canvass of the votes, of any individ- 
 ual who is guilty of disorderly conduct in the presence or 
 hearing of the inspectors. 
 
 The people of the State of New- York to the sheriff of the city 
 and county of , and to any constable of said county : 
 
 Whereas, at the present annual election held in and for election 
 district number in the town of , (or, in the 
 
 ward of the city of ,) in said county, C. D., in the pre- 
 
 sence (or, in the hearing) of us the undersigned inspectors of the 
 said election did, by disorderly conduct, to wit : (by loud and bois- 
 terous noises, or, by violent stamping, or, by assaulting K. S., and 
 divers others, or, by commencing a riot or, an affray with divers 
 persons, as the case may be,) interrupt and disturb the proceedings 
 of us the said inspectors in conducting the said election ; you are 
 therefore hereby ordered forthwith to arrest the said C. D., and 
 him safely detain in custody until the final canvass of the votes 
 given in this election district shall be completed. 
 
 Given under our hands and seals this day of , 18 . 
 
 [This should be signed by at least a majority of the inspectors.] 
 
696 
 
 APPENDIX. 
 
 [No. 196.] 
 
 Form of a precept for the arrest and detention of any person 
 who " shall refuse to obey the lawful commands of the in- 
 spectors.'''' - 
 
 The people of the State of 'New- York to the sherifF of the (city 
 and) county of , and to any constable of said county : 
 
 Whereas^ at the present annual election held in and for the elec- 
 tion district composed of the town of [or, of the ward 
 of the city of ) in said county, C. D., did wilfully and in- 
 tentionally obstruct the passage way to the poll of the said election, 
 thereby hindering and preventing free access to the said poll in 
 open and known violation of the command of us the undersigned 
 inspectors of this election, previously and publicly given in his 
 hearing j you are therefore hereby ordered forthwith to arrest the 
 said 0. D., and him safely keep and detain in custody until the 
 final canvass of the votes given in this election district shall be 
 completed. 
 
 Given under our hands and seals this day of , 18 . 
 
 [To be signed by a majorityof the inspectors.] 
 
 [ No. 197. ] 
 Form of the poll lists to be kept by the clerks of the election. 
 
 Names of Voters. 
 
 State box. 
 
 Judiciary box. 
 
 Assembly box. 
 
 L. M. A. B. 
 P. 0. C. D. 
 G. 0. E. F. 
 B. 0. G. H. 
 
 1 
 1 
 1 
 1 
 
 
 
 [ No. 198. ] 
 
 Form of the minute or statement of persons challenged, to 
 
 each of whom is administered the oath or oaths required by 
 
 law. 
 
 At the general election; held in election district number three,' 
 in the town of (or, in the ward of the city 
 
 of ), in the county of , on the day of , 
 
 18 , the following persons were challenged, and respectively took 
 the oath, or oaths, as stated below, to wit : 
 
 0. P., Q. It., and S. T., each took the preliminary oath, where- 
 upon the challenge was in each case withdrawn. 
 
APPENDIX. 697 
 
 H. G-., E. F. anct X. Y., each took the preliminary, and also the 
 general oath, (or, affirmation, as the case may be.) 
 
 We certify that the above is a true minute and statement of the 
 persons challenged, who took either or both of the oaths or affirma- 
 tions required by law. 
 
 Dated , 18 . 
 
 A. B., -J 
 
 C. D., > Inspectors. 
 
 E. F., ) 
 
 [No. 199.] 
 
 Certificate of canvass of votes for electors of president and 
 vice president. 
 
 We, the undersigned, composing the board of inspectors of elec- 
 tion in and for the election district of the town of , 
 (or, of the ward of the city of ) in the county 
 of , do certify that the following is a correct statement 
 of the votes given for electors of president and vice president at 
 a general election held in said district on the day of Novem- 
 ber, one thousand eight hundred and , viz : 
 
 That the whole number of votes given in said district for the 
 office of electors of president and vice president was eighteen 
 thousand five hundred and forty ; of which J. D. received five hun- 
 dred and fifteen; P. B. received five hundred and forty, &c. 
 
 Dated 18 . 
 
 A. W., ) T . , 
 j -o ( Inspectors of 
 
 m. n!' ) Electim - 
 
 [No. 200.] 
 Certificate of canvass for governor. 
 
 We, the board of inspectors of election, in and for the 
 election district of the town of (or, of the ward 
 
 of the city of ) in the county of , do certify 
 
 that the following is a correct statement of the result of a general 
 election held in said district, on the day of November, one 
 
 thousand eight hundred and , viz : 
 
 That the whole number of votes given for the office of governor, 
 was four hundred and fifty ; of which J. D. received two hundred 
 and ten ; B. T. received one hundred and twenty ; I. J. received 
 
698 APPENDIX. 
 
 ninety ; C. P. received seventeen ; A. D. received eleven ; P. H. 
 received one, and J. Gt. received one. 
 
 Dated , in the year 18 . 
 
 n' -n'' / Inspectors of 
 ■pi' -n'' ( Election. 
 
 [ No. 201. ] 
 Certificate of canvass of votes for judicial officers. 
 We, the undersigned, composing the board of inspectors of elec- 
 tion in and for the election district of the town of 
 
 (or, of the ward of the city of ) in the county 
 
 of , do certify that the following is a correct statement 
 
 of the result of a general election held in said district on the 
 day of November, one thousand eight hundred and , (or, at 
 
 the election held in said district on the seventh day of June, one 
 thousand eight hundred ,) viz : 
 
 That the whole number of votes given in the said district for the 
 office of judge of the court of appeals, was six thousand and forty- 
 four ; of which L. M., received eight hundred and twenty-two ; J. 
 S., received eight hundred and thirty, ($■<:., $•<:., proceeding through 
 the whole list of officers and names voted for.) 
 
 That the number of votes given in said district for the office of 
 justice of the supreme court, was six thousand and thirty-five ; of 
 which W. D. received nine nundred and fifty-three ; N. F. received 
 nine hundred and forty-two, (fyc, as before.) 
 Dated, in the year 18 . 
 
 A. B., } 
 
 C. D., > Inspectors. 
 
 E. T., ) 
 
 [No. 202. ] 
 
 Statement by the board of county canvassers. 
 
 Statement in relation to governor, lieutenant-governor, judges of 
 the court of appeals, justices of the supreme court, clerk of the 
 court of appeals, secretary of state, comptroller, treasurer, attor- 
 ney-general, state engineer and surveyor, canal commissioners, 
 inspectors of state prisons, senators and representatives in con- 
 gress : 
 The board of county canvassers of the county of having 
 
 met at the office of the clerk of said county, on the day of No- 
 
APPENDIX. 699 
 
 t 
 
 vember, 18 , to canvass and estimate the votes given in the se- 
 veral election districts of said county, at the general election, held 
 on the day of , in the year aforesaid, do certify as 
 
 follows , to wit : That it appears, on such estimate and canvass, 
 that the whole number of votes given for governor, was fifteen 
 thousand one hundred and ten ; of which P. D. received seven 
 thousand and one ; A. K., received six thousand and twelve ; J. 
 D. received one thousand two hundred and seventeen, and J. F. 
 received eight hundred and seventy-two votes : 
 
 That the whole number of votes given for lieutenant governor, 
 was fifteen thousand, of which, (<^c., as before:) 
 
 That the whole number of votes given for senator, (or, senators, 
 as the case may be,) was, &c. : 
 
 [If more than one judge of the court of appeals, justice of 
 the supreme court, canal commissioner, or inspector of state 
 prisons, is to be elected, give the number of years assigned to 
 each candidate, as contained in the aggregate of the canvass of 
 the several election districts.] 
 
 That the whole number of votes given for canal commissioner 
 (or, canal commissioners, as the case may. be,) was &c. 
 
 That the whole number of votes given for a representative in 
 congress, was, &c. 
 
 Dated the day of , in the year 18 . 
 
 A. B., Chairman. 
 
 C. D., Clerk of the County and Secretary. 
 
 [ No. 203. ] 
 Statement in relation to county officers. 
 The statement may be in the same farm as the preceding, vary- 
 ing only as to the description of officers in the caption or heading 
 and then proceed as follows : 
 
 That the whole, number of votes given for county judge, was, &c. 
 That the whole number of votes given for district attorney, &c. 
 That the whole number of votes given for sheriff, &c. : 
 That the whole number of votes given for county clerk, &o. 
 That the whole number of votes given for coroners, &c. 
 
 [And in the city of New York.'] 
 That the whole number of votes given for register, &c. 
 
700 APPENDIX. 
 
 [ No. 204. ] 
 Certificate of the election of county officers. 
 
 The board of county canvassers of the county of having 
 
 canvassed and estimated the votes given in the several election dis- 
 tricts of the said county, at a general election, held on the 
 day of , 18 do hereby certify, determine and declare, 
 
 that J. D. by the greatest number of votes, was duly elected county 
 judge of said county : 
 
 That P. Q., by the greatest number of votes, was duly elected 
 district attorney of said county : 
 
 That A. S., by the greatest number of votes, was duly elected 
 sheriff of said county : 
 
 That A. "W., by the greatest number of votes, was duly elected 
 county clerk of said county : 
 
 And that N. F., R. M. and E. R., by the greatest number of 
 votes, were duly elected coroners of the said county. 
 
 Dated the day of November, in the year 1 8 . 
 
 A. B., Chairman. 
 
 C. D., County Clerk and Secretary. 
 
 [ No. 205. ] 
 Statement by board of county canvassers. 
 
 Statement in relation to members of assembly : 
 
 The board of county canvassers of the county of having 
 
 met at the office of the clerk of said county on the day of 
 
 November, 18 , to canvass and estimate the votes given in the 
 several election districts in each of the assembly districts of said 
 county, at the general election, held on the day of , 
 
 in the year aforesaid, do certify as follows, to wit : 
 
 That it appears on such estimate aod canvass, that the whole 
 number of votes given for member of assembly in the first assem- 
 bly district of said county, was nine thousand four hundred and 
 fifty ; of which W. S. received four thousand and eight hundred; 
 E. F. received four thousand four hundred and fifty ; and J. D. 
 received two hundred votes. 
 
 That the whole number of votes given for member of assembly 
 in the second assembly district of said county, was nine thousand 
 and fifteen ; of which P. N. received five thousand and ten ; Cr. P. 
 
APPENDIX. 701 
 
 received four thousand ; J. T. received three, and R. H. received 
 two votes. 
 
 [Proceed in this manner with the subsequent districts in the 
 county, where there may be more than two, until the result in each 
 assembly district is given. Where the county does not elect but 
 one member of assembly, the statement will be varied to conform to 
 the fact.] 
 
 [ No. 206. ] 
 Certificate of the election of members of assembly. 
 
 The board of county canvassers of the county of having 
 
 canvassed and estimated the votes given in the several election dis- 
 tricts in each of the assembly districts of the said county, at a gen- 
 eral election held on the day of 18 , do hereby 
 certify, determine and declare that J. S., by the greatest number 
 of votes was duly elected member of assembly, in and for the first 
 assembly district in said county. 
 
 That C. D., by the greatest number of votes was duly elected 
 member of assembly in and for the second assembly district in said 
 county. 
 
 Dated the day of November, 18 
 
 A. B., Chairman. 
 
 C. D., County Clerk and Secretary. 
 
 [ No. 206, A. ] 
 
 Form of notice to be published by the sheriff in the newspapers. 
 Election Notice. 
 A general {or, special) election is to be held in the county of 
 on the day of November next, at which will be 
 
 chosen the officers mentioned in the notice from the secretary of 
 state, (or, in the order from the board of canvassers, or, in the pro- 
 clamation of the governor, as the case may be,) of which a copy 
 is annexed. 
 
 Dated at this day of ) 
 
 in the year 18 . ) 
 
 A. B., Sheriff. 
 
 [No. 206, B.] 
 Appointment of a minority inspector for each district. 
 We, the presiding officers of the annual town meeting held in 
 
702 APPENDIX. 
 
 the town of (or, charter election held in the city of 
 
 ) on the day of 18 , do hereby, in pursuance of 
 
 the directions given in § 21 of title III, article third of the act en- 
 titled "An act respecting elections other than for militia and town 
 officers," passed April 5, 1842, appoint A. B. in district No. 1, 
 C. D. in district No. 2, and E. F. in district No. 3, in said town 
 (or, in the ward of said city) to be associated respectively 
 
 with the two who have this day been elected for each of said dis- 
 tricts, and each to be an inspector of election in and for his dis- 
 trict in all elections held in said district during the present year ; 
 the said A. B., C. D. and E. F., each being one of the two persons 
 in the election districts respectively, who had the highest number 
 of votes next to the two inspectors who were elected. 
 Given under our hands this ) 
 day of 18 . J 
 
 (To be signed by a majority of the presiding officers.) 
 
 [No. 206, C. ] 
 appointment of inspectors to supply vacancies. 
 A. B. is hereby appointed inspector of elections in and for dis- 
 trict No. 1, in the town of to supply the vacancy oc- 
 casioned by the omission to elect or appoint (or, occasioned by the 
 death, removal, or, inability to serve, as the case may be,) of C. D., 
 and E. F. is hereby appointed inspector of election in and for dis- 
 trict No. 2, in said town, to supply the vacancy occasioned, &c. 
 Given under our hands this ) 
 day of 18 . \ 
 
 D. E., Supervisor. 
 R. 0., Town Clerk. 
 
 tt' j"' (Justices of 
 
 r. £, i 
 
 the Peace. 
 
 [ No. 206, D. ] 
 
 Appointment of an inspector or inspectors to form o, board 
 where a majority is not present on the day of election. 
 A majority of the inspectors not being present, I hereby appoint 
 A. B. (or, A. B. and C. D.), to officiate as inspector of election 
 (or, as inspectors of election), until a majority of the inspectors 
 shall be present. 
 Dated , 18 . 
 
 R. B., Inspector of Election. 
 
APPENDIX. 703 
 
 [No. 206, E.] 
 Proclamation of the opening of the poll. 
 Hear ye, hear ye, hear ye. The poll of this election is opened, 
 and all persons attending the same are strictly charged and com- 
 manded, by the authority and in the name of the people of this 
 State, to keep the peace thereof during their attendance at this 
 election, upon pain of imprisonment. 
 
 And all persons are desired to take notice, that the poll will be 
 closed at sunset. 
 
 [No. 206, F.] 
 
 Proclamation on closing the poll. 
 
 Hear ye, hear ye, hear ye. The poll of this election is closed. 
 
 [No. 207.] 
 
 Bond or instrument in writing, to be given by a constable and 
 his sureties. 
 A. B., chosen a constable in the town of , in the 
 
 county of , and C. D. and E. F., as sureties, do hereby 
 
 jointly and severally agree to pay to each and every person who 
 may be entitled thereto, all such sums of money as the said con- 
 stable may become liable to pay, on account of any execution 
 which shall be delivered to him for collection. 
 Dated the day of , 18 . 
 
 A. B. 
 G. D. 
 E. F. 
 Executed in the presence of L. M., supervisor of , {or, 
 
 of N. 0., town clerk of ); 
 
 I approve the sureties named in the within instrument. 
 Dated the day of , 18 . 
 
 L. M., Supervisor, 
 {or, N. O., Town Clerk.) 
 [This certificate of approval should be endorsed on the bond 
 before filing it in the town clerk's office.] 
 
 [No. 208.] 
 Constable's return upon a summons. 
 The within summons personally served : {or, by leaving a copy, 
 as the case may be.) , 18 . Fees $0 13. 
 
 A. B., Constable, 
 
704 APPENDIX. 
 
 [ No. 209. J 
 Bond to prevent the removal of goods attached. 
 Know all men by these presents, that we, I. K., and S. Q., of 
 the town of , in the county of 
 
 are held and firmly bound unto A. B., in the sum of 
 dollars, (insert double the sum sworn to by the plaintiff, as stated 
 in the attachment,) to be paid to the said A. B., or to his certain 
 attorney, executors, administrators or assigns ; to 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 this day ef 18 . 
 
 Whereas, A. B., one of the constables of the county of 
 
 , by virtue of an attachment issued by S. C, Esq., in 
 favor of X. Y., against the above bounden I. K., has 'attached 
 certain goods and chattels, to wit, (enumerate all the articles at- 
 tached : — ) Now, therefore, the condition of this obligation is 
 such, that if the said goods and chattels, shall be produced to sa- 
 tisfy any execution that may be issued upon any judgment which 
 shall be obtained by the plaintiff upon the said attachment, within 
 six months after the date of this bond; then this obligation to be 
 v«d, otherwise of force. 
 
 J. K., [L. S.] 
 P. Q., [L. S.] 
 Sealed and delivered ) 
 in presence of ) 
 
 L. M. 
 
 [No. 210. ] 
 Bond by claimant of property attached. 
 
 Know all men by these presents, that we, J. K., P. Q., and D. 
 F., of the town of , in the county of , are 
 
 held and firmly bound unto X. Y., in the sum of dollars, (dou- 
 ble the value of the property attached,) to be paid to the said X. 
 Y., or to his certain attorney, executors, administrators or assigns ; ' 
 to which payment well and truly to be made, we bind ourselves, 
 our heirs, executors and administrators, jointly and severally, firm- 
 ly by these presents. Sealed with our seals, and dated the 
 day of , 18 . 
 
 Whereas certain goods and chattels, to wit : (enumerate the ar- 
 ticles attached,) were on this day of , 18 , seized 
 
APPENDIX. 705 
 
 by A. B., one of the constables of the county of , by 
 
 virtue of an attachment issued by S. C, Esq., a justice of the 
 peace of said county, in favor of the above named X. Y., against 
 G. H. And whereas the above bounden J. K. claims the said 
 goods and chattels as his property : 
 
 Now, therefore, the condition of this obligation is such, that if, 
 in a suit to be brought on this obligation within three months from 
 the date hereof, the said J. K. shall establish that he was the 
 owner of the said goods at the time of the said seizure ; and in 
 case of his failure to do so, if the said J. K. shall pay the value of 
 the said goods and chattels, with interest, then this obligation to 
 be void, otherwise of force. 
 
 J. K., [L. S.] 
 P. Q., [L. S.] 
 D. F., [L. S.] 
 Sealed and delivered in ) 
 presence of \ 
 
 L. M. 
 
 [ No. 211. J 
 
 Inventory. 
 Copy of an inventory of property this day seized by me, by vir- 
 tue of the annexed attachment, (or, by virtue of an attachment, of 
 which the annexed is a copy :) six pigs, one cow, one table, one hoe, 
 one spade, one axe. 
 ,18 . 
 
 A. B., Constable. 
 
 [No. 212.] 
 
 Form of return to attachment. 
 By virtue of the within attachment, I did, on the day 
 
 of , 18 , attach and take into my custody, the goods and 
 
 chattels of the defendant, mentioned in the inventory, of which the 
 annexed is a copy ; and immediately on the same day I made an 
 inventory of the property seized, and served a copy of the within 
 attachment and of the said inventory, duly certified by me on the 
 defendant personally. 
 ,18 . 
 
 A. B., Constable. 
 
 [If not personally served, substitute the following in the place of 
 latter ckuse of the above form :] 
 89 
 
706 APPENDIX. 
 
 " And immediately on the same day I made an inventory of the 
 property seized, and because the defendant could not he found in 
 the county of , I left a copy of the within attachment, 
 
 and of the said inventory,; duly certified by me, at the last place of 
 residence of the said defendant, (or, if the defendant have no place 
 of residence, in. the county, with J. B., in whose possession I found 
 the said goods and chattels, the defendant having no place of resi- 
 dence in the county of .) 
 
 ,18 . 
 
 A. B., Constable." 
 
 [If a bond be given, the constable should add to his return the 
 following clause : " But the said goods and chattels were delivered 
 up to A. B., the defendant, or (J. D.,) upon receiving the bond here- 
 with returned."] 
 
 [No. 213.] 
 Return of the venire. 
 By virtue of the within precept, I have personally summoned as 
 jurors, the several persons named in the annexed list. Bated 
 ,18 . 
 
 A. B., Constable. 
 
 [ No. 214. J 
 Bond of indemnity. 
 
 Know all men by these presents, that we, J. K. and P. Q. are 
 held and firmly bound unto A. B., a constable of the county of 
 
 , in the sum of dollars, (double the value 
 
 of the goods,) to be paid to the said A. B., or to his certain attor- 
 ney, executors, administrators or assigns; to 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 this day of 18 . 
 
 Whereas the said A. B. as constable as aforesaid, by virtue of .a 
 certain execution issued., by^S. C, Esq., one of the justices of the 
 peace. of the said county, against G. H., in favor of the said J. K., 
 for dollars, hath seized, or is about to levy the same 
 
 execution upon (insert a list of the articles) now or lately in pos- 
 session of the said Gr. H., with intent to sell the same, in order to 
 satisfy the said execution : Now, therefore, the condition of this 
 obligation is such, that if the said J. K. shall, at. all times, and 
 
APPENDIX. 707 
 
 forever hereafter, keep the said- A. B. harmless and indemnified of, 
 from and against all damages, costs, charges, trouble and expense, 
 of what nature soever, which he may be put to, sustain or suffer, 
 by reason of such levy and sale, or either, then this obligation to 
 be void, otherwise of force. 
 
 J. K. [L. S.] 
 P. Q. [L.S.] 
 Sealed and delivered in presence of 
 L. M. 
 
 [ No. 215. J 
 Notice of constables sale. 
 By virtue of an execution, I have seized and taken into my cus- 
 tody, (insert list of the articles levied upon,) the goods and chat- 
 tels of P. Q., which I shall expose for sale at public auction to the 
 highest bidder, on the day of instant, at o'clock 
 
 in the noon, at the house of , in 
 
 Dated, ,18 . 
 
 A. B., Constable. 
 
 [ No. 216. J 
 Return of the execution satisfied. 
 I have levied the within sum of the goods and chattels of the 
 within P. Q., as I am within commanded. 
 
 Dated, 18 . A. B., Constable. 
 
 • [No. 217. J 
 
 Return of the execution, defendant committed. 
 
 No sufficient goods and chattels of the within P. Q. could be 
 
 found whereon to levy ; I, therefore,, took and conveyed his body 
 
 to the common jail, as I am within commanded. 
 
 Dated, , 18 . 
 
 A. B., Constable. 
 
 [ No. 218. ] 
 Receipt for goods taken on execution. 
 Justice's Court, 
 O.N., 
 
 vs. 
 R. S. \ 
 Execution issued by A. B., Esq., one of the justices of the 
 peace of the county of , for $95 00 
 
708 APPENDIX. 
 
 Constable's fees for collecting, 5 00 
 
 Amount, $100 00 
 
 By virtue of the above described execution, W. dr., one of the 
 constables of said county of ' has levied upon the follow- 
 
 ing goods and chattels, the property of the said E. S.. viz : (state 
 what.) 
 
 18 . 
 Received of W. G., constable, as aforesaid, the goods and chat- 
 tels above mentioned, which I promise to deliver to him at any 
 time when he shall demand the same, at the dwelling house of the 
 above defendant E. S. in the town of in the said coun- 
 
 ty ; or in default thereof, I do hereby agree with the said W. G., 
 to pay him the amount of the judgment above described, together 
 with the fees for the collection thereof, as above specified. 
 
 O. P. 
 
 [No. 219.] 
 Form for constable's accounts. 
 
 The County of To "W. G. a constable, Dr. 
 The People ) 18 . Offence grand lar- 
 
 vs. > ceny, committed in the town of , 
 James Jackson. ) J. D., Justice of the Peace. 
 
 For arresting deft $ 50 
 
 Travel 6 miles, 6c, 36 
 
 Conveying deft, to court Is., 13 
 
 Travel 6 miles, 6c, 36 
 
 Serving subp. on 6 wit. Is., 75 
 
 Travel 15 miles, 6c 90 
 
 Keeping deft, in custody- on examination, * 50 
 
 Summoning jury, 50 
 
 Keeping deft, in custody on trial 1 day, * 1 00 
 
 For taking deft, on mittimus, 13 
 
 Conveying him to jail, 13 
 
 Travel 20miles, 6c, 1 20 
 
 • Discretionary with the board of supervisors to allow or reject. 
 
APPENDIX. 709 
 
 [No. 220. ] 
 
 Affidavit of correctness. 
 State of New- York, ) 
 
 county, J ■ 
 
 A. B. of the town of in said county, 
 
 being duly sworn, says that the items contained in the fore- 
 going account are correct, and that the disbursements and services 
 charged therein, have been in fact made and rendered, and that no 
 part thereof has been paid or satisfied. And further this deponent 
 saith not. 
 
 A. B. 
 Subscribed and sworn before me ) 
 
 this day of 18 . \ 
 
 [ No. 221. ] 
 
 Form for entering judgment on failure to answer. 
 Court. 
 
 I. D.,) 
 
 vs. > Judgment, A. D., 18 . 
 
 R. R. ) 
 
 The summons with a copy of the complaint in this action hav- 
 ing been personally served on the defendant more 
 than twenty days previous to this date, and no copy of an answer 
 to the complaint having been served on the plaintiff's attorney as 
 required by the summons : 
 
 Now, on motion of plaintiff 's attorney , it is hereby 
 
 adjudged that the plaintiff , recover of the 
 
 defendant , the sum of dollars and cents, with 
 
 dollars and cents, costs and disbursements, 
 
 amounting in the whole to 
 
 Clerk. 
 
 [ No. 222. ] 
 
 Order for judgment on confession. 
 
 Supreme Court. 
 
 I. D. 
 
 vs. 
 R. R. . 
 
 On filing the within statement and confession, it is adjudged by 
 
710 APPENDIX. 
 
 the court, that the plaintiff do recover against the defendant the sum 
 of dollars with dollars and cents, costs. 
 
 Clerk. 
 [No. 223. J 
 
 Subptma. 
 County, ss : The people of the State of New- York, 
 To 
 
 We command you, That laying aside all pretences and 
 excuses whatsoever, you be and appear in your proper per- 
 son, before our court of to be held at 
 the court-house in in and for said county of 
 , on the day of at o'clock in the 
 noon of that day, then and there to testify the truth 
 [L. S.] and give evidence concerning a certain prosecution — The 
 people of the State of New- York, against for 
 on the part of the defendant : and this you are not to omit 
 under the penalties provided by law. 
 Witness, Hon. justice, at the court-house, in 
 in the county aforesaid, the day 
 
 of 18 . 
 
 Clerk. 
 [No. 224. J 
 
 Subpana ticket. 
 County, ss : To 
 By virtue of a writ of subpoena, to you directed, and here- 
 with shown, you are commanded, that laying aside all pretences 
 and excuses whatsoever, you be and appear, in your proper per- 
 son, before our court of to be held at 
 the court-house in in and for the said county 
 of on the day of at o'clock 
 in the - noon of that day, then and there to testify the 
 truth and give evidence concerning a certain prosecution — the 
 people of the State of New- York, against 
 
 for on the part of the defendant : 
 
 And this you are not to omit under the penalties provided by law. 
 Dated the day of 18 . 
 
 By the Court. 
 
 Clerk. 
 
APPENDIX. 
 
 711 
 
 "53 
 
 s 
 I — «"» 
 
 
 f 
 
 § 
 
 "to 
 
 £ 
 
 When 
 satisfied- 
 
 
 
 Attorneys' names. 
 
 
 
 *1 
 
 
 
 t3 
 
 .si 
 
 Pi 
 
 
 
 1 
 si 
 
 I 8 
 n 
 
 
 
 -49 
 ft 
 
 
 
 ^5 
 
 5 P< 
 
 
 
 Names of parties in 
 
 whose favor judgments 
 
 have been obtained. 
 
 
 
 Names of parties against 
 
 whom judgments hare 
 
 been obtained. 
 
 
 
 
 
 h3 
 
 13 
 
 o 
 
712 APPENDIX. 
 
 [ No. 226. ] 
 
 Certificate of the authenticity of acknowledgment. 
 
 State op New-Yobjc, ) gs 
 County Clerk's office, ) 
 
 I, J. M., clerk of county, do hereby certify that J. 
 
 K., whose name is subscribed to the certificate of the proof or ac- 
 knowledgment of the annexed instrument, and thereon written, 
 was, at the date of said certificate, a in and for said 
 
 county, and duly authorized to take the same. And further, that 
 I am acquainted with the hand-writing of the said J. K., and verily 
 believe the signature to the said certificate of proof or acknowledg- 
 ment to be genuine. 
 
 And I further certify, that the said instrument is acknowledged 
 and in all respects executed according to the laws of this State. 
 
 In testimony whereof, I have hereunto set my hand, and affixed 
 the seal of said county, this day of ,18 . 
 
 [L.S.] J. M., Clerk. 
 
 [ No. 227. ] 
 
 Execution. 
 County, ss. 
 The people of the State of New- York, to the sheriff of the county 
 of , Greeting : 
 
 Whereas, on the day of , 185 , judgment was 
 
 rendered before J. F., Esq., a justice of the peace in and for 
 county, against , defendant, in favor of 
 
 , for dollars and* cents, a transcript of which 
 
 was filed and docketed in the clerk's office of county, 
 
 on the day of , 18 . 
 
 Therefore, we command you, that of the goods and chattels of 
 the said defendant in said county, you cause to be made 
 
 the amount of the said judgment, with the interest from the day 
 of the rendition thereof; and if sufficient goods and chattels can- 
 not be found, that then you cause the amount of said iudgment to 
 be made of the real estate and chattels real, which the said de- 
 fendant had in said county at the time of docketing the said judg- 
 ment, or at any time afterwards, in whose hands soever the same 
 may be. 
 
 And that you make due return of your proceedings therein, to 
 the clerk of county, within sixty days from the date 
 
 hereof. 
 
APPENDIX. 713 
 
 Witness, J. E., Esq., judge of our county court of 
 county, and the seal of the said court, this day of , 
 
 18 . 
 
 J. M., Clerk. 
 
 [No. 228.] 
 
 Juror's certificate. 
 Circuit Court and Court of Oyer and Terminer, ) 
 
 Term, 18 . \ 
 I certify, that J. S., served as a juror at said term 
 
 days. Distance traveled miles. 
 
 G-. H., Dept. Clerk. 
 
 [No. 229.] 
 Declaration of intention, to file (naturalization.) 
 
 State of New-York, ) 
 
 County, f ss. 
 
 being duly sworn, deposes and 
 
 says, that it is bona fide his intention to become a citizen of the 
 
 United States of America, and to renounce, forever, all allegiance 
 
 and fidelity to any and every foreign prince, potentate, state or 
 
 sovereignty whatsoever, and particularly to the 
 
 whose subject he is ; and farther, that he- is of the age of 
 
 years, and that the place of his nativity is 
 
 Sworn and subscribed, before me, this ) 
 
 day of . A. D. 18 . ) 
 
 [No. 230.] 
 Copy to deliver. 
 
 State op New- Yoke, ) 
 
 County, ) ss, 
 
 being duly sworn, deposes and says, 
 that it is bona fide his intention to become a citizen of the United 
 States of America, and to renounce, forever, all allegiance and 
 fidelity to any and every foreign prince, potentate, state or sove- 
 reignty whatsoever, and particularly to the whose 
 subject he is ; and farther, that he is of the age of years, 
 and that the place of his nativity is 
 
 Sworn and subscribed, before me, this ) 
 
 day of A. D. 18 . $ 
 
 90 
 
714 APPENDIX. 
 
 [No. 231. J 
 Certificate, to deliver. 
 
 State op New-York, ) 
 
 County, ) 
 I, the undersigned, clerk of the do hereby cer- 
 
 tify, that the above is a correct and true copy of the original decla- 
 ration, on oath, of to become a citizen of the United 
 States of America, subscribed and made, on the day therein men- 
 tioned, and on file and of record in my office, as clerk of the said 
 
 court. 
 In testimony whereof, I have hereunto set my hand and 
 [L.-S.] affixed the seal of the said court, at the in the 
 
 of this day of A. D. 18 . 
 
 [ No. 232. ] 
 Oath of witnesses. 
 
 State of New- York, ) 
 County, ) 
 
 A. B., and C. D., citizens of the United States, in the county 
 aforesaid, being severally sworn, do depose and say, that we have 
 been acquainted with Gr. H., that said G-. H., has resided within 
 the United States at least five years, and within the State of New- 
 York one year at least ; that he has behaved as a man of good 
 moral character, attached to the principles of the constitution of 
 the United States, and well disposed to the good order and happi- 
 ness of the same. 
 
 Sworn in open court, this ) 
 
 day of , A. D., 18 . \ 
 
 [ No. 233. ] 
 
 Oath of party. 
 State oe New- York, 
 County, 
 
 I, Gr. H., do swear, that I will support the constitution of the 
 United States of America, and that I do absolutely and entirely 
 renounce and abjure forever all allegiance and fidelity to every for- 
 eign power, prince, potentate, state or sovereignty whatever, and 
 particularly to the of the of , 
 
 whose subject I was : and further, that I never have borne any 
 
APPENDIX. 715 
 
 hereditary title, or been of any of the degrees of the nobility of 
 the of 
 
 Sworn in open court, this day ) 
 of A. D. 18 .\ 
 
 [ No. 234. ] 
 Certificate of citizenship. 
 
 UNITED' STATES OF AMERICA : 
 State of New-York, ) 
 County, ) 
 
 Be it remembered that G-. H., of the county of , who 
 
 hath resided within the limits and jurisdiction of the United States 
 for the term of five years, and within the State of New- York for 
 the term of one year at least, appeared in the , which 
 
 is a common law court of record, held in and for the county of 
 , in the State of New-York, on the day 
 
 of , in the year of our lord one thousand eight hundred 
 
 and , and having made proof to the satisfaction of the 
 
 said court, that he is a person of good moral character, attached to 
 the principles of the constitution of the United States, and well 
 disposed to the good order and happiness of the same ; and having 
 in the said court taken the oath prescribed by law, to support the 
 constitution of the United States, and did, in open court, absolute- 
 ly and entirely renounce and abjure all allegiance and fidelity to 
 every foreign prince, potentate, state or sovereignty ; and particu- 
 larly to of the of of whom he 
 was then a subject. 
 
 The said.G. H., was thereupon, pursuant to the laws of 
 the United States in such case made and provided, admit- 
 ted by the said court to be, and he is accordingly to be con- 
 sidered a citizen of the United States. 
 [L. S.] Given under the seal of the said cdurt, the day and year 
 first above written. 
 Per Curiam. 
 
716 
 
 APPENDIX. 
 
 [ No. 235. ] 
 County treasurer's account to be transmitted to the comptroller. 
 
 Account of unpaid taxes of the year 18 , on lands of non- 
 residents in the town of , in the county of 
 
 No. of 
 lot. 
 
 Name of tract or patent. 
 
 No. of acres. 
 
 Valuation. 
 
 Amount of 
 tax, includ'g 
 five per cent. 
 
 (Collector'' s affidavit.) 
 County, ) 
 Town of , \ SS - 
 
 A. R., being duly' sworn, says, that he is the collector of taxes 
 for said town ; that the annexed is a true account of the taxes re- 
 maining unpaid upon the assessment roll of said town, for the 
 year 18 ; that the sums mentioned in such account remain un- 
 paid ; and that he has not, upon diligent inquiry, been able to dis- 
 cover any goods or chattels, belonging to, or in the possession of 
 the persons charged with, or liable to pay such sums, whereon he 
 could levy the same. 
 
 A. E., Collector. 
 Sworn and subscribed before me, ) 
 
 this day of , 18 . J 
 
 J. M., County Treasurer. 
 
 [In making this affidavit, the oath must be administered by the 
 county treasurer, or in case of his absence, by a justice of the 
 peace ; when the jurat is signed by a justice, it should show on its 
 face that the county treasurer was absent. Sec. 10, id. 
 
 Upon the receipt of this account it is the duty of the county 
 treasurer to compare it carefully with the original assessment roll, 
 and annex a certificate thereto in the following form.] 
 (County Treasurer's certificate to correctness of collector' s return.) 
 County, ) 
 
 Treasurer's Office. ) 
 
 I hereby certify that the preceding is the account of unpaid 
 taxes of the year 18 , delivered to me by A. R., collector of 
 
APPENDIX. 717 
 
 taxes in the town of , in said county ; and that I have 
 
 examined and compared such account with the entries of the same 
 taxes, in the original assessment roll of said town for said year, 
 and found the same to be a true transcript from such roll. 
 Dated at , this, day of ,18 . 
 
 J. M., County Treasurer. 
 [No. 236.] 
 
 Summons for coroner's jury. 
 County, ss. 
 To any of the constables of the county of 
 
 By virtue of my office, I command you to summon not less than 
 nine nor more than fifteen able and sufficient men of the county of 
 , to be and appear before me on the day of 
 
 at o'clock in the noon, at the house of 
 
 in the town of in said county, then and there to do 
 
 and execute all such things that shall be given them in charge on 
 behalf of the people, touching the death of A. B., and for so doing 
 this shall be your warrant : And that you also attend at the time 
 and place above mentioned, to make a return of the names of the 
 persons wbom you shall have so summoned, and further to do and 
 execute such other matters as shall be then and there enjoined up- 
 on you : and have you then and there this warrant. Given under 
 my hand and seal this day of • 18 . 
 
 E. S. P., Coroner. [L. S.] 
 
 [ No. 237. ] 
 Inquisition by drowning. 
 County, ss. 
 An inquisition taken for the people of the State of New- York, 
 at the town of in the county of the 
 
 day of in the year, &c, before G-. H. one of the coro- 
 
 ners of the said people for the said county, on view of the body 
 of A. B., then and there lying dead, upon the oath of C. F., 
 (here name the jurors sworn) good and lawful men of the 
 said county, duly chosen, and who being then and there duly 
 sworn, and charged to inquire for the said people, when, where, 
 how and in what manner, the said A. B. came to his death, do up- 
 on their oath say, that the said A. B. not being of sound mind, but 
 lunatic and distracted, on the day of , in the year 
 
 aforesaid, at the town and in the county aforesaid, to wit, into 
 
718 APPENDIX. 
 
 , there did cast and throw himself, by means of which 
 he, the said A; B. was then and there drowned, and there died. And 
 so the jurors aforesaid, upon their oath aforesaid, do say, that the 
 said A. B. did drown and kill himself. In witness whereof, as well 
 the said coroner as the jurors aforesaid, have to this inquisition set 
 their hands and seals, on the day and year, and the place above 
 
 mentioned. 
 
 Gr. H., Coroner. [L. S.] 
 
 A. B., ) g [L. S.] 
 
 C. D., i g [L. 8.] 
 E. F., &c. ) h» [L. S.] 
 
 [ No. 238. ] 
 
 Inquisition by hanging. 
 (As in the former precedent to the words, upon their oath say) : 
 " That the said R. F. not having the fear of Grod before his eyes, 
 on the day of , in the year aforesaid, with force 
 
 and arms, at the town of in the county aforesaid, in and 
 
 upon himself, wilfully and of his malice aforethought, did make 
 an assault, and did then and there hang, suffocate and strangle 
 himself; of which said hanging, suffocation and strangling, he the 
 said R. F. did then and there die. And so the jurors aforesaid, 
 upon their oath aforesaid, do say, that the said R. F., in manner 
 and by the means aforesaid, feloniously, wilfully, and of his malice 
 aforethought, did kill and murder himself, against the peace of the 
 people of, &c. and their dignity. In witness, &c." 
 
 [No. 239.] 
 
 Inquisition by poisoning. 
 "That the said R. F., &c, to wit: on the same day, in the 
 same year at the town, in the county aforesaid, feloniously, 
 wilfully, and of his malice aforethought, did take, drink, and 
 swallow down, a poisonous substance, (state what) by means 
 whereof he, the said R. F. then and there became sick and distem- 
 pered in his body ; and of the said poison and the said sickness 
 and distemper thereby occasioned, from the day of 
 
 in the year aforesaid, until the day of the same month 
 
 in the same year, at the town and county aforesaid, he the said R. 
 F. of the poison, sickness and distemper aforesaid, did die. And 
 so the jurors aforesaid, &c. (as before). In witness, &c" 
 
APPENDIX. 719 
 
 [ No. 240. ] 
 Inquisition by cutting his throat. 
 " That the said B. F. not having the fear of God, &c. {as before, 
 until you come to the word assault.) And that the said R. F., 
 with a certain razor, the throat of him the said R. F. did then and 
 there strike and cut, thereby giving himself a mortal wound, of 
 the length of three inches and depth of one inch, of which said 
 mortal wound Tie the said R. F. then and ther^ instantly died. 
 And so the jurors aforesaid, upon their oath aforesaid, do say, tha^ 
 the said R. F^ in manner and by the means aforesaid, feloniously 
 wilfully, and of his malice aforethought, did kill and murder him- 
 self, against the peace of the people of the state of New- York and 
 their dignity." 
 
 [ No. 241. ] 
 Inquisition by shooting. 
 " That the said R. F. not having, &c. {as before, until you come 
 to the word assault, then proceed) : And the said R. F. a certain 
 pistol charged with gunpowder and a leaden bullet, which the said 
 R. F. then held in his right hand, feloniously, wilfully, and of his 
 malice aforethought, to and against the head of him the said R. F. 
 did then and there shoot off and discharge ; and that by means 
 thereof did then and there give unto himself with the leaden bul- 
 let aforesaid, so as aforesaid discharged, one mortal wound, of the 
 breadth of one inch, and depth of three inches ; of which said 
 mortal wound, he the said R. F. then and there instantly died. 
 And so the jurors aforesaid, upon their oath aforesaid, do say, &c. 
 (as in the former.) In witness, &c. 
 
 [No. 242.] 
 Warrant to bury without view. 
 County, ss. 
 To whom it may concern. Whereas I am credibly informed, 
 that on the day of instant, A. B. died suddenly 
 
 in the street, to wit, in {name the street) in the town of 
 in the county of aforesaid, as supposed by a fit of 
 
 apoplexy, or other sudden visitation of God ; and that he came 
 not to his death by any violent means or manner whatsoever : 
 These are therefore to certify, that in case of the said A. B. being 
 
720 APPENDIX. 
 
 a town or county charge, you may permit the body of the said A. 
 B. to be buried ; and for your so doing, this shall be your warrant. 
 Given under my hand and seal this day of 18 . 
 
 G. F. Coroner. [L. S.] 
 
 [No. 243.] • 
 
 Warrant to bury a suicide after inquisition. 
 County, ss. 
 To constable, &c. Whereas by an inquisition taken 
 
 before me, one of the people's coroners for the county of , 
 
 this day of in the year, &c, at in the county 
 
 of , on view of the body of J. D., then and there lying dead : 
 
 the jurors in the said inquisition named have found that the said 
 J. D., feloniously, wilfully, killed and murdered himself. 
 This is therefore by virtue of my office, to require you forthwith 
 to cause the body of the said J. D. to be buried in some public 
 highway, and thereof certify to me the place, and for your so doing 
 this shall be your warrant. Given under my hand and seal this 
 day of 18 . 
 
 G. F. Coroner. [L. S.] 
 
 [ No. 244. J 
 
 Warrant to apprehend a person for murder. 
 County, ss : 
 To the constables of county, and each of them : 
 
 Whereas, by an inquisition taken before me, one of the people's 
 coroners for the county of , this day of , 
 
 at in the said county, on view of the body of G. H., then and 
 there lying dead, one A. B., late of the town of , in the 
 
 said county, stands charged with the wilful murder of the said G. 
 H. : These are therefore by virtue of my office, in the name of 
 the people, &c., to charge and command you, and everyone of 
 you, that you, or some one of you, without delay, do apprehend 
 and bring before me the said coroner, or one of the people's justices 
 of the peace for the said county, the body of the said A. B., of 
 whom you shall have notice, that he be dealt with according to 
 law. And for your so doing this shall be your warrant. Given 
 under my hand and seal this day of , 18 . 
 
 G. F. Coroner. [L. S.] 
 
APPENDIX. 
 
 721 
 
 [ No. 245. ] 
 
 Warrant of commitment. 
 County, ss : 
 To the constables of the county of , and each of them : 
 
 Whereas, by an inquisition taken before me, one of the people's 
 coroners for the county of , the day and year hereunder 
 
 mentioned, on view of the body of G. H., lying dead in the town 
 of , in the county aforesaid, A. B., late of the town of 
 
 , in the said county, laborer, stands charged with the 
 wilful murder of the said G. H. These are therefore, by virtue of 
 my office, in the name of the people, &c, to charge and command 
 you, forthwith safely to convey the body of the said A. B., to the 
 jail of the said county, and safely to deliver the same to the keeper 
 of the said jail : and these are likewise, by virtue of my said 
 office, in the name of the said people, to will and require you the 
 said keeper to receive the body of the said A. B., into your custo- 
 dy, and him safely to keep in the said jail, until he shall be thence 
 discharged by due course of law, And for your, so doing this shall 
 be your warrant. Given under my hand and seal this day of 
 ,18 . 
 
 F. G., Coroner. [L. S.] 
 
 [No. 246. J 
 Form of a bond from an under-sheriff" or deputy to a sheriff". 
 Know all men by these presents, that we, J. M. and A. B., are 
 held and firmly bound unto C. W., Esq., sheriff of the county of 
 , in the sum of dollars, to be paid to the said 
 
 C. W., or to his successors in office, or to his certain attorney, re- 
 presentatives, or assigns, to which payment,. well and truly to be 
 made, we bind ourselves, jointly and severally, firmly by these 
 presents. 
 
 Sealed with our seals, and dated the day of , 18 . 
 
 The condition of this obligation is such, that whereas the above 
 named J. M. is, at the special instance and request of the said oblig- 
 ors, appointed by him, the said C. "W., his deputy-sheriff under him, 
 the said C. "W., in and for the said county of : Now, 
 
 therefore, if the said J. M. shall well and faithfully, in all things, 
 perform and execute the office of deputy-sheriff, of the said county 
 f , during his continuance in said office, by virtue of 
 
 91 
 
722 APPENDIX. 
 
 the said appointment, without deceit, fraud, or oppression, and 
 shall keep and save, harmless and indemnified, the said C. W., his 
 executors and administrators, of and from all actions, suits, trouble, 
 costs, charges, damages, and expenses whatsoever, on account or by 
 raason of any omission or neglect of duty of him, the said J. M., in 
 his said office of deputy-sheriff, then this obligation shall be void 
 and of no effect, otherwise in full force. 
 Signed, sealed, &c, 
 
 J. M. [L. S.l 
 A. R. [L. S.] 
 
 [ No. 247. ] 
 Jailer's hand. 
 
 Know all men by these presents, that I, J. K., of , in 
 
 the "county of , and State of New-York, am held and 
 
 firmly bound unto C. A., sheriff of the said county of in 
 
 the sum of one thousand dollars, of lawful money of the said state, 
 to be paid to the said C. A., his heirs, executors, administrators 
 or assigns ; for which payment well and truly to be made, I bind 
 myself, my heirs, executors and administrators, and each of them, 
 firmly by these presents. Sealed with my seal, and dated this 
 day of in the year, &c. 
 
 Whereas the said C. A., sheriff as aforesaid, hath appointed the 
 said J. K., jailer of the common jail of the said county of : 
 
 Now, therefore, the condition of the above obligation is such, 
 that if the above bounden J. K., jailer as aforesaid, shall and do 
 from time to time take and receive into his custody within the jail 
 in the county of aforesaid, all such persons and prison- 
 
 ers, which shall be committed and sent to the sajd jail, or commit- 
 ted to the custody of the said jailer by the said sheriff or his de- 
 puty, or by any justice or justices of the peace, or by any other 
 having lawful authority to commit persons or prisoners to the said 
 jail, and the said persons and prisoners so committed as aforesaid, 
 do well and truly, duly and sufficiently, by his own proper person, 
 or by his deputy or deputies, so keep, that the said C. A., his heirs, 
 executors and administrators, and each of them, shall be saved 
 harmless from all losses, penalties, amercements, and damages 
 whatsoever, as well against the people of the said State, as also 
 against all other person or persons of, for and concerning the cus- 
 tody of the said jail and prisoners ; and likewise do discharge, save, 
 
APPENDIX. 728 
 
 and keep harmless the said C. A., his heirs, executors and admin- 
 istrators, from time to time, and at all times hereafter, as well of 
 convict persons, reprieves and felons, as of all other persons com- 
 . mitted for any contempts, condemnations, trespasses, or misdemea- 
 nors, which may happen, or chance hereafter to be committed to 
 the said jail for any of the said causes, during the time the said C. 
 A., shall be sheriff of the said county ; and likewise that the said 
 J. K., or any other by his consent, privity or appointment, shall 
 not in any wise let to bail or mainprize any prisoner or prisoners 
 to him committed as aforesaid, not bailable by law, without the 
 special commandment or appointment of the said sheriff ; and if 
 the said J. K., or his sufficient deputy, be ready to give his atten- 
 dance upon the said sheriff, and his deputy at all times necessary 
 and convenient, and all and every thing and things that he shall 
 be required to do by the said sheriff or his deputy, touching or con- 
 cerning the affairs or business wherewith the said sheriff is or shall 
 be charged or employed, in or about the keeping the said jail or 
 prison, then the above obligation to be void, otherwise to be in full 
 force and virtue. > J. K. [L. S.] 
 
 Sealed and delivered, ) 
 in the presence of j 
 
 [ No. 248. J 
 Bond of indemnity to sheriff for payment of money. 
 
 Know all men by these presents, that we, A. B., and C. D., of 
 the county of , are held and firmly bound unto H. 
 
 D., Esq., sheriff of the said county of , in the 
 
 penal sum of four hundred dollars, of lawful money of the State 
 of New- York, to be paid to the said H. D.,. or to his heirs, 
 executors or administrators, for which payment well and truly to 
 be made, we bind ourselves jointly and severally, and our joint 
 and several heirs, executors and administrators, firmly by these 
 presents. Sealed with our seals, and dated this day 
 
 of , in the year, &c. 
 
 "Whereas, by virtue of an execution, issued out of the supreme 
 court of the State of New-York, directed unto the above named 
 sheriff, commanding him, that he should cause to be made of the 
 goods and chattels of C. B. in his bailiwick, as well a certain 
 debt of five hundred dollars, as also thirty dollars, for his costs and 
 charges by him about his suit in that behalf expended. And 
 whereas by virtue of the said execution, the said sheriff hath taken, 
 
724 APPENDIX. 
 
 the goods and chattels of the said C. B., and sold the same for the 
 sum of five hundred dollars, being the best price he could get for 
 the same : And the above bounden A. B. hath applied to and re- 
 quested of the said sheriff to pay him the monies so levied, on 
 being properly indemnified, which the said sheriff hath agreed 
 to do: 
 
 Now the condition of this obligation is such, that if the said A. 
 B. and C. D., their and each of their heirs, executors and adminis- 
 trators, shall aud do well and truly save harmless and keep indem- 
 nified him, the said sheriff, his under-sheriff, bailiffs, and officers, of, 
 from and against all manner of action and actions, suit and suits, 
 either at law or in equity, brought or to be brought against them 
 or either of them, for or by reason of the levy or payment of the 
 said sum of five hundred dollars to the above bounden A. B., and 
 also of, from and against costs, charges, damages, and expenses 
 they or either of them may be put to, for or on account thereof, 
 then this obligation to be void, otherwise to be and remain in full 
 force and virtue. 
 
 Sealed and delivered ) A. B., [L. S.] 
 
 in the presence- of ) CD., [L. 8.] 
 
 [ No. 249.] 
 
 Sheriff's certificate of the sale of real estate. 
 Supreme Court. 
 
 A. B. 1 I, H. D. H., sheriff of the county of 
 vs. > do certify, that by virtue of an execution in the 
 
 C. D. J above cause, tested the day of , in 
 
 the year , by which I was commanded to make of the 
 
 goods and chattels 'of W. X., in my bailiwick, dol- 
 
 lars, which P. M. had recovered against him in the said court, 
 for his damages, which he had sustained as well by reason of the 
 not performing certain promises as for his costs and charges, and if 
 sufficient goods and chattels could not be found, that then I should 
 cause the said damages to be made of the real estate which the 
 said W. X. had on the day of , in the year 
 
 , or at any time afterwards, in whose hands soever the 
 same might be, as by the said writ of execution, reference being 
 thereto had, more fully appears ; I have levied on and this day 
 sold, at public vendue, according to the statute in such case made 
 and provided, to D. L., who was the highest bidder, for the 
 
APPENDIX. 725 
 
 sum °f dollars, which was the whole consideration, the 
 
 real estate described in the annexed notice. (Insert description.) 
 
 And that the said sale will become absolute at the expiration of 
 fifteen calendar months from this day, at which time the purchaser 
 will be entitled to a conveyance pursuant to law, unless the said 
 lands shall be redeemed or purchased from him before that time. 
 
 Given under my hand, this day of 18 . 
 
 H. D. H., Sheriff of the county of 
 
 [ No. 250. J 
 Sheriff's deed to the purchaser. 
 
 To all to whom these presents shall come : I, G. C. S., sheriff 
 of the county of , send greeting : Whereas, by a writ of 
 
 execution, issued out of the supreme court of the State of New- 
 York, to me directed and delivered, dated the day of , 
 in the year , I was commanded to make of the goods 
 and chattels of W. A. R., in my bailiwick, dollars, 
 which J. E. K. had recovered against him in the said court, for 
 his damages, which he had sustained as well by reason of the not 
 performing certain promises as for his costs and charges, and that 
 if sufficient goods and chattels could not be found, that then I 
 should cause the said damages to be made of the real estate, which 
 the said W. A. R. had on the day of , in the 
 year , or at any time afterwards, in whose hands soever 
 the same might be, as by the said writ of execution, reference be- 
 ing thereunto had, more fully appears. And whereas, after the re- 
 ception of the said writ by me, and before the day of the return 
 thereof, I did by virtue of the same, seize and take the lands here- 
 inafter particularly described, and have, for want of goods and 
 chattels in my bailiwick of the said W. A. R., to satisfy the said 
 damages, sold the said lands, as is hereinafter mentioned, at public 
 auction, according to the statute in such case provided, to P. Q., 
 for dollars, being the highest sum bid for the same. 
 
 And whereas, upon the said sale, I made out and subscribed du- 
 plicate certificates thereof, containing a particular description of 
 the premises sold, the price bid for the same, the whole considera- 
 tion money paid, and the time when such sale would become abso- 
 lute, and the purchaser would be entitled to a conveyance pursu- 
 ant to law ; one of which duplicate certificates was, within ten 
 
726 ..APPENDIX, 
 
 days after the sale of the said lands, filed in the office of the clerk 
 of the said county of , and the other was delivered to 
 
 the said purchaser. 
 
 And whereas the said premises, after the expiration of fifteen 
 months from the time of the said sale, remained unredeemed, and 
 no creditor of the said W. A. R. hath acquired the right or title 
 of the said purchaser, according to the statute in such case made 
 and provided : Now therefore, know ye, that I, the said Gr. C. S., 
 sheriff aforesaid, by virtue of the said execution, and of the statutes 
 in such case made and provided, in consideration of the said sum 
 of , to me in hand paid by the said P. Q., the re- 
 
 ceipt whereof is hereby acknowledged, have granted, bargained and 
 sold, and by these presents do grant and convey unto the said P. 
 Q., and to his heirs and assigns, forever, all {insert boundaries), 
 with its appurtenances, and all the estate, right, title, and interest 
 which the said W. A. It. had in the said tract, piece, and parcel of 
 land, on the said day of , in the year 18 , or at 
 
 any time since, or now hath : To have and to hold the said land 
 and premises, and every part thereof, with the appurtenances, unto 
 the said P. Q., his heirs and assigns, for ever, as fully and ab- 
 solutely as I, the said Gr. C. S., as sheriff aforesaid, and under 
 the authority aforesaid, might, could, or ought to sell and convey 
 the same. 
 
 In witness whereof, I have hereto set my hand and seal, this 
 
 day of , in the year 18 . 
 
 G. C. S. [L. S.] 
 
 Sealed and delivered in ) 
 presence of ) 
 
 [ No. 251. ] 
 Sheriff's notice of sale of real estate. 
 
 By virtue of an execution issued out of the supreme court of the 
 State of New- York, against the goods and chattels, lands and tene- 
 ments of W. L. and C. Gr., I have seized and taken all the right, title, 
 and interest which C Gr. had on the day of , 18 , 
 
 or which he may since have acquired of, in and to the following 
 described premises, to wit : {Here insert description of land.) 
 Which above described premises, I shall expose for sale at public 
 
APPENDIX. 727 
 
 auction, as the law directs at the , in the village of , 
 
 on , the day of , at o'clock, of that day. 
 
 Dated , 18 . 
 
 K. H., Sheriff. 
 By J. B., Deputy. 
 [ No. 252. ] ' 
 
 Sheriffs return of service of summons and complaint. 
 County of , ss : 
 
 I, E. S., sheriff of the county of , hereby certify that 
 
 on the day of , 18 , at , in said county, 
 
 I served upon the within named A. B., the defendant in the with- 
 in entitled action, a copy of the within summons and complaint, by 
 delivering the same to him in person, and leaving the same with 
 him. $ fees. 
 
 E. S. Sheriff. 
 By C. D., Deputy. 
 
 [No. 253.] 
 
 Return of nulla bona to execution. 
 
 The within named defendant has no goods or chattels, lands or 
 
 tenements, in my bailiwick, whereof I can cause to be made the 
 
 money within mentioned, or any part thereof, according to the 
 
 command of this execution. 
 
 E. S., Sheriff. 
 By C. D., Deputy. 
 [If the execution should be collected, the sheriff, under-sheriff, or 
 deputy, collecting or returning the same, will endorse on the same 
 the word " satisfied," and date it and sign his name.] 
 
XIDEX. 
 
 PAGE 
 
 ABSCONDING PARENT OR HUSBAND, 
 
 proceedings in regard to 170-173,, 214 
 
 form of notice of property seized, belonging to, 616 
 
 bond to be given to overseers of the poor by, 616 
 
 Abstract, 
 
 general, 65 
 
 form of, .• 607 
 
 Academies, 
 
 incorporated, exempt from taxation,. . • 124 
 
 Acknowledgment of Deeds, 
 
 maybe taken by justices of the peace, 118 
 
 forms for, 646-652 
 
 requisites of, 456 
 
 proof of, 457 
 
 Acre, 
 
 standard of, • 354 
 
 Adjournments, 
 
 of board of supervisors, 74, 79 
 
 none of poll of election, 296 
 
 of sales under executions by constables, 337 
 
 of coroners' inquest, • ■ 525 
 
 of board of county canvassers, . 554 
 
 Adminstrators, Public, 
 
 county treasurers are, 507 
 
 powers and duties as, 507-512 
 
 Agents, 
 
 personal property in hands of, 123 
 
 Alms Houses, f 
 
 exempt from taxation, • • • 124 
 
 Aldermen, etc., 
 
 in city of New- York, ex-ojjfcio supervisors, 15 
 
 Animals, 
 
 penalty for raoing of, t • • • • 226 
 
 noxious, 
 
 boards of supervisors to provide for destruction of, . , • 36 
 
 supervisors to pass laws to prevent injury to sheep by, 36 
 
 when justices to order killed, • - • U6 
 
 tax to be assessed for, • 138 
 
 how collected, 139,166 
 
 when may be killed, • • 1W> 1 W 
 
 92 
 
'BO INDEX. 
 
 PAGE 
 
 Apportionment of School Moneys, 
 
 how made, < ■ 277-280 
 
 [See Town Superintendent.'] 
 Appraisement, 
 
 of damages in laying out plank roads and railroads, 235 
 
 highways through improved land, • 245, 246 
 
 [See Commissioners of Highways.] 
 
 of wrecked property, 519 
 
 Apprentices, 
 
 overseers may bind out children found begging, 193 
 
 male and female paupers under age, 220 
 
 consent of justices necessary,.. 221 
 
 Indian children, 221 
 
 contents of indentures, 221 
 
 consent of justices must be endorsed upon indentures, 222 
 
 form of indenture and consent, 621* 
 
 when county superintendents may bind out infants, 441 
 
 [See Overseers of the Poor.'] 
 Appeals, 
 
 from assessment of damages, 113 
 
 [See Commissioners of Highways.] 
 Arrest, 
 
 on civil process, 322 
 
 in criminal proceedings, 344 
 
 when and how made 344 
 
 of sheriff, 521 
 
 Assessment, 
 
 of taxes, 122 
 
 roll, 128 
 
 form of, 611 
 
 corrected, 19 
 
 districts, 128 
 
 [See Assessors.] 
 of highway labor, 238, 239, 240 
 
 Assessors, 
 how chosen or appointed, 
 
 must be three assessors, 121 
 
 who may appoint, 121 
 
 quakers exempt, 122 
 
 ex-offieio fence viewers, 122 
 
 property liable to be assessed, 
 
 estate of a corporation, ■ 122 
 
 principle of taxing corporations, 122 
 
 definition of term " land," 123 
 
 personal property defined, ....'. 123 
 
 personal estate in hands of an agent, 123 
 
 property exempt, 124, 125 
 
 powers and duties, 
 
 when assessors act judicially, 125 
 
INDEX. 731 
 
 PAGE 
 
 responsible for assessing exempt property, • 125 
 
 funds and securities held by courts to be taxed, 126 
 
 farm divided by town line, 126 
 
 trespass cannot be maintained for a levy for over valuation, 126 
 
 when lands assessed as non-resident, 126 
 
 personal estate, where to be assessed, 126, 127 
 
 toll bridges, 127 
 
 assessment districts, 128 
 
 assessment roll, 128 
 
 form of, 611 
 
 how to assess trustees, guardians, executors, and administrators, . . . . 128 
 
 lands of non-residents, 129, 130, 131 
 
 to cause maps to be made, 130 
 
 to cause surveys, 131 
 
 must estimate property at its true value, 131 
 
 when to complete assessment rolls, 131 
 
 notice of completion of assessment roll, 131 
 
 form of notice, 690 
 
 to hold meeting to review assessments, 131, 132 
 
 penalty for neglect, 132 
 
 reduction of valuation, how made, 132 
 
 to administer oaths, 133 
 
 assessment roll to be sworn to, 133 
 
 when rolls to be delivered, 134 
 
 wilful neglect of duty, 134 
 
 care to be used in denning non-resident land, 135 
 
 certiorari will lie to review, 135 
 
 to tax rents, 135 
 
 may correct an assessment, 136 
 
 affidavit for reduction, 136 
 
 to make list of insane persons, 137 
 
 enforcing payment of taxes, 137 
 
 tax on dogs, 138 
 
 owner must deliver description, ' 138 
 
 tax how collected, 139 
 
 assessment of taxes in villages, 139 
 
 assessment of taxes on incorporated companies, 
 
 all deriving any income liable, 139 
 
 president of company to deliver statement, 140 
 
 manner of assessing corporations, 140, 141 
 
 turnpike, bridge, and canal companies, when exempt, 141 
 
 how to secure exemption, 141 
 
 what are moneyed corporations deriving an income from capital, .... 142 
 
 associations under general banking law to be taxed, 142 
 
 no deduction for losses, 1*3 
 
 railroad companies, how assessed, , 143, 144 
 
 insurance companies,. 
 
 144 
 
 compensation, 1** 
 
 enrolment of persons subject to military duty and the assessment 
 and collection of commutations. 
 how enrolled, ™ 
 
732 INDEX. 
 
 PAGE 
 
 notice of completion of enrolment, 146 
 
 affidavit to be made by persona claiming to be exempt, ■ 116 
 
 commandants of military companies and foremen of fire companies to 
 
 deliver lists of members to assessors, 147 
 
 to determine who are exempt, 147 
 
 who to be deemed armed and equipped, 148 
 
 to make and file lists of persons exempt, 149 
 
 to verify roll and deliver to supervisor, 149 
 
 to pursue instructions of adjutant general, 150 
 
 penalty for neglect to perform duties, ... 150 
 
 delinquent assessor to be reported to commandant of regimental dis- 
 trict, 150,151 
 
 information of persons liable to be enrolled, 1 51 
 
 penalty for not giving information, 151 
 
 duty of board of supervisors, 152 
 
 mode of collecting commutations, 152 
 
 commanding officer of regiment may remit erroneous assessment, .... 153 
 
 remarks on the office of assessor, 153 
 
 Associations, 
 
 under general banking law to be taxed, 142 
 
 are corporations, 142 
 
 Attorney, 
 
 constable not to act as, 338 
 
 coroner not to act as, 515 
 
 sheriff not to act as, 531 
 
 Attachments, 
 
 suits by, 323 
 
 mode of execution of, < 324 
 
 return of, 325 
 
 constable may not serve in his own favor, 326 
 
 short, : 325 
 
 Auditors, 
 
 town, board of, 360 
 
 of whom composed, 360 
 
 for what purpose created, 360 
 
 when and where to meet, 360 
 
 clerk of board of supervisors to give notice of meeting, 360 
 
 some member should publish notice, 361 
 
 what claims may be audited, 361, 362 
 
 town charges defined, 363 
 
 to make certificates, 363, 365 
 
 to forward copy to clerk of board of supervisors, 363 
 
 accounts for moneys received and disbursed, when presented, 363 
 
 settlement day, • 364 
 
 duties to be performed at that time, 364 
 
 majority may act, 365 
 
 verification of accounts, 365 
 
 form of affidavit to be made, 709 
 
 board may require further evidence than the affidavit, 366 
 
 BALLOTS, 
 
 form and contents of, 296, 297, 298 
 
INDEX. 733 
 
 PAGE 
 
 boxes, how made, 302, 303 
 
 when to he destroyed, 308 
 
 state, ; , 308 
 
 judiciary, , 309 
 
 electoral, 309 
 
 assembly, 309 
 
 exposing of, 316 
 
 for justices of the peace, 
 
 how written, 110 
 
 Banking Associations, 
 
 to be taxed, 142 
 
 are corporations, 142 
 
 Bank Bills, 
 
 may be levied on under execution, 335, 536 
 
 Ba'keel, 
 
 standard of, 354 
 
 Bastards, 
 
 Who are deemed, 199 
 
 how supported, 199 
 
 mother of, not to be removed, 199 
 
 proceedings to compel support of mother and child in proper county, 200 
 
 when overseers of the poor should apply to magistrate, 200 
 
 form of application, 623 
 
 proceedings of justice on the complaint, 201 
 
 against father out of the county, 201 
 
 justice to take bond to indemnify or appear at sessions, 202 
 
 form of bond, 629 
 
 form of subpoena for witness, 629 
 
 proceedings when bond is executed, 203 
 
 when not executed, ,. 203 
 
 before the justices, ■ 203,204, 205 
 
 form of bond on adjournment, 630 
 
 form of order of filiation, 630 
 
 father to pay costs and give bond, 205 
 
 form of bond, 631 
 
 father to be committed if costs not paid, 206 
 
 warrant to commit, 632 
 
 proceedings in case bond is given out of the county, r 207 
 
 may be had in absence of accused, 208 
 
 mother compelled to testify, .., 208 
 
 warrant to commit mother, 634 
 
 may be compelled to support child, 208 
 
 summons where mother has property, 634 
 
 form of order to compel mother to support child, 635 
 
 warrant of commitment against mother, . . 636 
 
 sum ordered may be reduced or increased, ......._. < . . . 209 
 
 appeals from order of the justice, * 209, 210, 21 1 
 
 notice of appeal, » « • 638 
 
 proceedings where mother bound to appear, 211 
 
 on affirming order, • 212 
 
734 INDEX. 
 
 PAGE 
 
 costs on appeal, 212 
 
 original order may be made by sessions, 213 
 
 district attorney to prosecute in case of default in bonds, 213 
 
 proceedings against absconding father or mother, 214 
 
 mother and child supported as paupers, 214 
 
 when to be removed, 215 
 
 notice to be given of bastardy cases, 215 
 
 moneys paid by parents, 216 
 
 settlements in bastardy cases, • 217, 218 
 
 mother and child may be removed to poor-house, 218 
 
 mother to be paid for nursing, 219 
 
 actions on bonds and orders, 219, 220 
 
 duty of superintendents in regard to, 440, 441 
 
 Beggars, 
 
 when justices may commit, 115 
 
 when overseers may bind out, 192 
 
 Betting and Gaming, 
 
 penalty for, • '225 
 
 overseers of the poor to sue for, 225 
 
 persons winning forfeit five times the value, 225 
 
 persons losing may recover back, > 225 
 
 Binding out Children, 
 
 [See Apprentices.'] 
 Blind, 
 
 money to be raised for clothing of, 39 
 
 Boakd of Town Auditors, 
 
 [See Auditors.] 
 Board of County Canvassers, 
 
 [See County Canvassers.] 
 
 Board of Excise, 
 
 [See Excise, Boards of.] 
 
 Board of Health, 
 
 [See Health, Boards of.] 
 Board of Supervisors, 
 
 [See Supervisors, Boards of.] 
 Bond, 
 of collector, 
 
 omission to give, deemed refusal to serve, 154 
 
 form of, 612 
 
 satisfaction of, 164 
 
 when to be sued, > 164 
 
 bastardy, 
 
 when action may be maintained upon, 220 
 
 of town superintendent, 
 
 omission to file renders office vacant, . . 275 
 
 form of, 610 
 
 of constable, 
 
 actions upon, 319 
 
 form of, 703 
 
INDEX. 735 
 
 PAGE 
 
 of commissioners of loans, 
 
 when to be given, , 384 
 
 form of, 393 
 
 of superintendents of the poor, 
 
 to be given within ten days after election, 422 
 
 to be filed and approved, 423 
 
 form of, 638 
 
 of county treasurer, 
 
 how approved, 496, 497 
 
 to be filed in clerk's office 496 
 
 when it may be sued, 499 
 
 of sheriff, 
 
 must be given within twenty days after election, , 530 
 
 when to be renewed, 530 
 
 Books and Papers, 
 
 of the town, town clerk has custody of, 89 
 
 to deliver to successor, 92 
 
 to receive from justices, 96 
 
 what county clerk has custody of, . . , 446 
 
 Bridges, 
 
 supervisor's duty in regard to, , , 6 
 
 board of supervisors to levy tax for repair of, 47 
 
 commissioners of highways to keep in repair, , . 230, 231 
 
 on highway, across race, , . . . . 259 
 
 commissioners of highways to erect, 262 
 
 to put up notice of penalty, 263 
 
 how erected over streams dividing towns, 263 
 
 toll, 
 
 how assessed, 127 
 
 Bridge Companies, 
 
 when exempt from taxation, 141 
 
 how to secure exemption, 141 
 
 Bushel, 
 
 standard of, 353, 355 
 
 number of pounds to, 356 
 
 By-Laws, 
 
 of board of health, not binding unless published, 381 
 
 CANAL COMMISSIONEKS, , 
 
 maylay out and alter roads, 256 
 
 Canvass, 
 of votes at elections, 
 
 how made, 305 
 
 comparison of poll lists, 305 
 
 ballots to be counted, 305 
 
 excess to be destroyed, 305 
 
 estimate of votes, 306 
 
 statement of result to be made, 306 
 
 votes for electors of president and vice -president, 307 
 
 poll lists to be filed, 308 
 
736 INDEX. 
 
 PAGE 
 
 ballots to be destroyed, 308 
 
 original statements to be delivered to supervisors, 308 
 
 [See County Canvassers.] 
 
 Canvassers, 
 
 county, boards of, 
 
 [See County Canvassers.] 
 
 Census Marshals, 
 
 compensation of, , 55 
 
 Certified Copies, 
 
 of papers are evidence, 90, 449 
 
 Certiorari, 
 
 referee's decision in laying out roads, may be reviewed upon, 256 
 
 Challenges, 
 
 at the polls, .' 298-302 
 
 minutes of to be kept, 301 
 
 oaths to be administered, 298»299 
 
 questions to be asked by inspectors, 299 
 
 oath of a colored man, 300 
 
 Chattels, 
 
 what are, « 335 
 
 mortgages of, to be filed, 93, 99 
 
 Children, 
 
 idle and truant, 43 
 
 parents bound to support, > 168 
 
 bound to support parents, 168 
 
 settlement of, 176 
 
 begging to be sent to poor-bouse, , 192 
 
 poor, when and how bound out, 193, 220, 441 
 
 Indian, 221 
 
 bastards, 
 
 regulations concerning, • 198-220 
 
 [See Bastards and Overseers of the Poor.] 
 Citizens, 
 
 who are, 310, 311, 312 
 
 Clerk of the Board of Supervisors, 
 
 to record proceedings of the board, 61 
 
 to make entries of resolutions, 61 
 
 to record vote of each supervisor, 61 
 
 to preserve and file accounts, 61 
 
 office to be depository of books and records of the board, 61 
 
 to deliver certified copies of accounts, 62 
 
 to deliver abstracts to county superintendents, 62 
 
 penalty for neglect, 62 
 
 to send aggregate valuation of real estate to comptroller, 62 
 
 penalty for neglect, 63 
 
 to publish names of persons who present claims 63 
 
 form of this statement, 602 
 
 to publish proceedings in regard to equalization, 63 
 
INDEX. 737 
 
 PAGE 
 
 to publish abstracts of town accounts, 63 
 
 form of abstract, 603 
 
 to publish statement of supervisors' accounts, • 63 
 
 form of statement, 604 
 
 form of table showing equalization of assessment rolls, 605 
 
 form of same with tax apportioned, • 606 
 
 to serve notice of order abolishing distinction between town and county 
 
 poor on overseers and clerks, 65 
 
 to approve bonds of superintendents, 65 
 
 to prepare list of grand jurors, 65 
 
 general abstract, 65, 66 
 
 form of, 607 
 
 to furnish county treasurer with, 67 
 
 may call special meetings, 67 
 
 to lay notice of apportionment of moneys before board, 67 
 
 to transmit copies of resolutions to superintendent of public instruction, 67 
 
 to send certificate relating to loan commissioners to comptroller, ..... 67 
 
 form of certificate, 608 
 
 to exchange published proceedings with clerks of other boards, 68, 88 
 
 new towns, 68 
 
 town houses, 69 
 
 collector's warrant, 69 
 
 form of, 599 
 
 to send description of seal to county clerk and secretary of state, .... 69 
 
 what papers to furnish county treasurer, 70 
 
 credentials of officers, 70 
 
 to keep a journal, 70 
 
 order book, 71 
 
 form of orders, 71 
 
 to keep a record, * 71. 
 
 index book, 71 
 
 to report to adjutant general, 72 
 
 form of certificate to be annexed to published proceedings, 608 
 
 fees, 72 
 
 Classification, 
 
 of justices, 110 
 
 in new towns, 107, 108 
 
 Clerks of Counties, 
 
 [See County Clerk.] . 
 
 Clerk of Court of Appeals, 
 
 funds transferred to county treasurer from, 506 
 
 Clerk of Courts, 
 
 county clerk is, ** 5 
 
 [See County Clerk.] 
 Clerks of the Poll, 
 
 of elections, '. 296 
 
 Clerks of Towns, 
 
 [See Town Clerks.] 
 
 Clerk of town Meeting, 
 
 town olerkis,.... 
 
 93 
 
738 INDEX. 
 
 PAGE 
 
 Cock Fighting, 
 
 penalty for, 225 
 
 Collector, 
 of taxes, 
 
 one in each town, 154, 
 
 chosen by ballot, 154 
 
 must be an elector, 154 
 
 term of office one year, 154 
 
 must give bond, 154 
 
 form of bond, 612 
 
 neglect to give bond, • 154 
 
 bond must be filed 154 
 
 vacancy how supplied, 154, 155 
 
 collector's warrant, 155, 156, 157 
 
 form of warrant, 599 
 
 to give notice where he will receive taxes, 157 
 
 fees on taxes voluntarily paid, 157 
 
 on taxes not voluntarily paid, 158 
 
 mode of collecting taxes not voluntarily paid, . . . .JX- 158 
 
 proceedings in case of refusal to pay, .% 158 
 
 sale, &c v^ 159 
 
 proceedings in case of removal of the person taxed, 159 
 
 warrant will protect collector when fair on its face, 160 
 
 form of collector's affidavit of the non-payment of taxes by an incor- 
 porated company, 613 
 
 form of summons to appraisers 613 
 
 oath of appraisers, 613 
 
 inventory, 613 
 
 certificate of appraisers, 614 
 
 affidavit of goods levied upon, 614 
 
 notice of levy and sale, , 614 
 
 affidavit that notice of sale has been given, 615 
 
 payment of tax on personal property, how enforced, • 160, 161 
 
 when to pay over moneys, 161 
 
 tax on portion of lot, ■ 161 
 
 unpaid taxes, 162 
 
 proceedings where collector neglects to pay over, 162 
 
 duty of sheriff on warrant against collector, 163 
 
 sheriff's return, 163 
 
 collector's bond, when to be sued, 164 
 
 satisfaction of collector's bond, 164 
 
 manner of collecting taxes against corporations, 164 
 
 losses, 165 
 
 collectors to meet with assessors, 165 
 
 special provisions, 165, 166 
 
 military fines, 166 
 
 to collect tax on dogs, 166 
 
 when dog may be killed, 167 
 
 Colleges, 
 
 buildings for the use of, exempt from taxation, 124 
 
INDEX. 
 
 739 
 
 PAGE 
 
 Coloeed Persons, 
 
 oath when challenged at election, 300 
 
 Commissioners of Deeds, 
 
 cannot hold the office of supervisor, 1 
 
 Commissioners of Excise, 
 
 [See Excise, Hoards of] 
 
 Commissioners of Health, 
 
 [See Health, Boards of.] 
 
 Commissioners of Highways, 
 how elected, 
 
 by ballot at town meeting, ' 228 
 
 may be appointed, 229 
 
 must take oath within ten days, 229 
 
 form of oath, 593 
 
 forfeiture on refusal to serve, 229 
 
 electors to determine number of, 229 
 
 when one chosen, does duties of three, 229 
 
 if appointed or elected to supply vacancy, 230 
 
 must execute a bond, 230 
 
 form of bond, 690 
 
 to give notice of intention to resign, 230 
 
 form of notice, 691 
 
 general powers and duties, 
 
 to repair roads and hridges, 230, 231 
 
 to regulate, alter and describe roads, 231 
 
 power of trustees and common councils, 231 
 
 commissioners to cut down and grade streets, 232 
 
 to divide towns into road districts, 232 
 
 form of order, 653 
 
 division to be made annually, , 232 
 
 to require overseers to warn persons to work on the highways, 232 
 
 statement to bo rendered to board of town auditors, 233 
 
 form of statement and account, • 661 
 
 to deliver statement to supervisor, 233 
 
 form of statement, 662 
 
 additional appropriation, 233 
 
 form of notice of application for same, 691 
 
 mile stones, 234 
 
 guide boards, 234 
 
 scrapers, 234 
 
 to appoint overseers, 234 
 
 form of appointment, 654 
 
 to prosecute default by overseers, 235 
 
 form of bond by complainant, 662 
 
 penalty for neglect to prosecute, 235 
 
 may administer oaths, • 235 
 
 damages by building of plank roads, 235 
 
 form of release of right of way, 657 
 
 to«pply to have toll gates changed, 236 
 
740 INDEX. 
 
 PAGE 
 
 may consent that railroads cross highways, 236 
 
 form of consent, 657 
 
 majority may act, 236 
 
 to invest public money, 237 
 
 fence viewers, 237 
 
 may maintain actions, 237 
 
 should be in their individual name, 237 
 
 liable on contracts of predecessors, 237 
 
 exeoution against them, how issued, • 237, 238 
 
 may compromise disputes 238 
 
 to file list of gates, 238 
 
 to pay moneys to successors, 238 
 
 fire in forests, • 238 
 
 when to meet, 238 
 
 mode of assessment of highway labor, 238, 239, 240 
 
 form of certificate of assessment, 655 
 
 corporations entitled to notice when to perform labor, 240 
 
 corporations may commute, 240 
 
 suits against corporations, 240 
 
 may correct omissions of assessors, 241 
 
 copies of lists, 241 
 
 non-residents may appeal from assessments, 241 
 
 labor done on private roads, 241 
 
 separate assessment, 241 
 
 highway labor may be anticipated, 241 
 
 laying out, opening, altering and discontinuing highways, 
 
 highways, how created, 242 
 
 by dedication, 242 
 
 by twenty years use, .■ 243 
 
 roads to be ascertained and described, 243 
 
 form of order ascertaining and describing a road, 66 
 
 applications to lay out, alter and discontinue roads, • 243 
 
 form qf application, 663, 664, 665 
 
 notice that twelve freeholders will meet, 243 
 
 form of notice, 665 
 
 proceedings of freeholders, 244 
 
 form of oath to be administered, 666 
 
 form of certificate of freeholders, 666 
 
 to notify occupant of land, 244 
 
 form of notice to occupant, 667 
 
 description of the road, 245 
 
 form of order laying out highway through improved land without con- 
 sent of owner, '. 667 
 
 damages, 245 
 
 how assessed 245, 246 
 
 form of application for appointment of commissioners to assess dama- 
 ges, 674 
 
 form of appointment of commissioners, 675 
 
 form of notice to commissioners of their appointment, 675 
 
 form of oath to be taken, ..,..■ 676 
 
 form of order assessing damages, ■ 676 
 
INDEX. 741 
 
 PAGE 
 
 form of release of damages, 669 
 
 parties aggrieved may ask for a re -assessment, 246 
 
 form of notice to town clerk asking for jury to re -assess damages, .. 676 
 
 clerk to draw jury, 247 
 
 form of certificate of drawing, '. 678 
 
 jury to be summoned, 217 
 
 form of summons, 677 
 
 proceedings of the jury, 248 
 
 their verdict final, 248 
 
 form of verdict, 678 
 
 hoard of supervisors may be compelled to pay damages, 248 
 
 costs, , 218 
 
 pay of jurors, 248 
 
 damages to be audited by board of supervisors, 249 
 
 disputes between commissioners of different towns, 249 
 
 form of order of commissioners of adjoining town, 680 
 
 road on a line between two towns, 250 
 
 roads not to be laid through orchards, fixtures or buildings, 250, 251 
 
 proceedings to alter or discontinue a road, 251, 252 
 
 form of application to alter aroad, 664 
 
 form of application to discontinue a road, 684 
 
 form of freeholders certificate to discontinue, 685 
 
 oath of freeholders, 685 
 
 form of order of discontinuance, 685 
 
 all applications, certificates Ac, must be filed, 252 
 
 appeal and proceedings thereon, 252, 253, 254 
 
 form of appeal, 670 
 
 notice to referees of their appointment, 671 
 
 notice to commissioner by referees, 671 
 
 referees subpoena on appeal, 672 
 
 decisions of referees, 672 
 
 commissioners entitled to notice, 254 
 
 referees to affirm or reverse order only, 254 
 
 cannot affirm part and reverse part, 254 
 
 must be sworn, 255 
 
 may be put in motion by mandamus, 255 
 
 compensation of referees, • 255 
 
 final determination to be carried into effect, 255 
 
 fences to be removed, • 256 
 
 when roads cease, 256 
 
 review of referee's decision by certiorari, 256 
 
 canal commissioners may lay out roads, 256 
 
 proceedings to lay out private roads, 256, 257, 258 
 
 form of notice to town clerk to draw a jury, 681 
 
 form of notice to persons interested, of the drawing, 682 
 
 form of certificate of the drawing by clerk, 682 
 
 form of summons of the justice, 682 
 
 form of verdict of the jury, • 683 
 
 form of certificate of the justice, 683 
 
 form of order laying out private road, 684 
 
 owner may recover damages by action, 258 
 
742 INDEX. 
 
 PARE 
 
 road not to be opened till damages paid, 258 
 
 obstructions of highways, • 258 
 
 bridge on highway across race, 259 
 
 public entitled to whole of astreet, 259' 
 
 what are obstructions, 259 
 
 falling trees into road or river, 260 
 
 encroachments by fences, 260 
 
 form of order to remove fences, 686 
 
 form of notice to occupant of land to remove encroachment, 687 
 
 what notico must contain, 260 
 
 penalty for not removing fences, 261 
 
 proceedings where encroachment is denied, 261, 262 
 
 form of precept to summon twelve freeholders, 687 
 
 form of oath to jury, 688 
 
 oath to witness, 683 
 
 what verdict of jury must contain, 261 
 
 must be filed, 262 
 
 fences to be removed within sixty days after, 262 
 
 costs to be paid within ten days, 262 
 
 form of verdict, 688 
 
 bridges, 262, 263 
 
 to put up notice of one dollar penalty, 262 
 
 bridges over streams dividing towns, 263 
 
 trees to whom they belong, 263 
 
 injuring trees planted on highway, 263 
 
 injuries to mile boards, ' 264 
 
 injuries to guide posts, 264 
 
 injuring roads, • t 264 
 
 penalties to be recovered by commissioners, 264 
 
 side-walks, 265 
 
 fees, 265 
 
 Commissioners of Loans, 
 
 name and origin of the office, 382, 383 
 
 how appointed, 384 
 
 term of office, 384 
 
 who eligible, 384 
 
 cannot hold office of supervisor, 1 
 
 fund with which the commissioners have to do, 384 
 
 bond to be executed, 384 
 
 how given and approved, 384 
 
 to be filed in comptroller's office, 385 
 
 oath to be endorsed upon bond, 385 
 
 aotions brought by commissioners, 385 
 
 suits not to abate by death, &c. , of commissioners, 385 
 
 recovery against commissioners, how settled, » 386 
 
 money, how drawn from the treasury, 386 
 
 how to be loaned, 386-389 
 
 applications to be entered in minute book, &.c. , 387 
 
 when to be abated, ". 387 
 
 certificates to be given to borrowers, 388 
 
 interest, when to be deducted, • • 388 
 
INDEX. 743 
 
 PAGE 
 commissioners to bo satisfied as to value, and that borrower has a title 
 
 infee > .•■■., 388 
 
 in what sums money to be loaned, 389 
 
 interest, when payable, 389 
 
 payment of principal, when permitted, 389 
 
 when Commissioners to be removed, ' 390 
 
 governor to make new appoitment 390 
 
 commissioners may be summoned to answer charges, .". 390 
 
 may resign, \ 390 
 
 amount of disbursements to be retained incaseof sale, 391 
 
 to report to comptroller, 391 
 
 moneys remaining on hand four weeks, 391 
 
 interest to be paid to state treasurer, 392 
 
 compensation of commissioners, 392 
 
 evidence of title to be given to purchaser at sale, 392 
 
 form of bond to be given by commissioners, 393 
 
 to procure books, blank mortgages, &c, 393 
 
 interest on mortgage from its date, 393 
 
 when one commissioner may execute a deed, 394 
 
 to attend to receive money, 394 
 
 to examine lands and titles, Ac, 394 
 
 oath of mortgagor, 394 
 
 examination of borrower to be entered in minute book, 395 
 
 deeds of mortgaged premises to be recorded, 395 
 
 moneys to be loaned at seven per cent., 395 
 
 mortgage must be witnessed, : 395 
 
 must be minuted in a book, 395 
 
 fees for same, 396 
 
 attested copies are evidence, 39S 
 
 taking security, receiving payments, <tc, 396 
 
 release of mortgage, 396 
 
 fees therefor, 396 
 
 moneys to be reloaned, 396, 414 
 
 moneys, books, <&c, to be delivered to successors, 397 
 
 when commissioners to be seized in fee of mortgaged premises, 397, 420 
 
 mortgagor to hold possession until sale, 398 
 
 mortgaged premises to be advertised, 398 
 
 when to be sold, 398 
 
 rights acquired by purchaser, 398 
 
 fees for conveyance, 399 
 
 when commissioners to enter mortgaged premises, ■ 399 
 
 when to bid in premises for the State, 399 
 
 on what condition title to revert to mortgagor, 400 
 
 commissioners not to be interested in purchase, 400 
 
 when sale may be postponed, 400 
 
 compensation of appraisers, 401 
 
 when to bid amount due the State, 401 
 
 when to bid amount of appraisement, * 401 
 
 mortgagor to be credited amount of bid, . 401 
 
 moneys received on sale, how disposed of, 401 
 
 surplus to be paid to mortgagor, ,....,,.. 402 
 
744 INDEX. 
 
 PAGE 
 
 loans to purchaser of mortgaged premises, 402 
 
 assignee of mortgagor to serve notice, <tc, 402 
 
 when to prosecute mortgagor, , .' 403 
 
 offices of commissioners, where kept, 403 
 
 to give notice of first meeting, 404 
 
 must attend on Tuesdays and Wednesdays, 404 
 
 false swearing declared perjury, 404 
 
 books of commissioners may be examined, 404 
 
 when mortgages have the effect of a record 404 
 
 duty of commissioners in taking and cancelling mortgages, 405 
 
 care of land until sold, 406 
 
 minute book, how kept, 406 
 
 what entries to be made, 406 
 
 additional security may be required of mortgagor, 407 
 
 proceedings where mortgagor refuses to give additional security, .... 408 
 
 mortgages Ac, to be exhibited to board of supervisors, 408 
 
 supervisors to examine mortgages and report to comptroller, 408 
 
 how sales to be made and notices given where county is divided 409 
 
 comptroller to credit commissioners with the amount of the mortgage, 409 
 
 books of mortgages to be deposited in clerk's office, 410 
 
 form of mortgage, 410 
 
 form of deed to be given by commissioners, 412 
 
 commissioners refusing to give additional security, to be reported to 
 
 the governor, 413 
 
 moneys received for interest, how deposited, 414 
 
 mortgages in the city of New-York, 414 
 
 new accounts to be opened for parts of premises, 414 
 
 when part to be discharged from mortgage, 415 
 
 report to he made to supervisors, 415 
 
 comptroller to prescribe regulations, 416 
 
 bonds and mortgages of loans of 1798 and 1808 to be transferred to 
 
 commissioners, 416 
 
 bond of mortgagor to be required, 417 
 
 condition of transfer, 417 
 
 accounts of commissioners how settled, 418 
 
 transferred mortgages to be a part of the U. S . D. Fund, 418 
 
 commissioners to pay into treasury money in their hands, 419 
 
 to deliver books and papers to commissioners of XT. S . D. Fund, 419 
 
 income, how expended, 420 
 
 commissioners responsible for false statements as to title, 420 
 
 evidence of default in payment of interest, 420 
 
 both commissioners must be present at a sale, 420 
 
 Commitment, 
 
 contents of, ■ 345 
 
 service of, 346 
 
 Committee or the Whole, 
 
 rules for, ■■■■/, 80 
 
 Common Schools, 
 districts, 
 
 town to be divided into, 276 
 
INDEX. 745 
 
 PAGE 
 
 description and number of, , 276, 277 
 
 formation and alteration of, 289 
 
 form altering, 692 
 
 when alterations take effect, 290, 291 
 
 consolidated, * 291 
 
 formation of, 292 
 
 non-resident taxes belonging to, 58 
 
 form of resolution creating new, 693 
 
 suits against, 59 
 
 claims against, 40 
 
 inspectors of, 
 
 town superintendents are, 288 
 
 school moneys, 
 when and how to be apportioned, 277-280 
 
 town superintendent of, 
 
 [See Town Superintendent af Common Schools.] 
 
 school law, 
 
 duty of county clerk under, , 454 
 
 tax, 
 
 board of supervisors to assess, 51 
 
 county treasurer to receive, 505 
 
 COMBIUTATION, 
 
 for work on highways, 269 
 
 Constables, 
 
 importance of the office, 318 
 
 how chosen, t 318 
 
 to take constitutional oath, ■ .' 319 
 
 form of oath, <. 593 
 
 must give sureties, 319 
 
 form of bond, 703 
 
 actions on such bond, when to be brought, 319 
 
 refusal to serve, 320 
 
 tennre of office, 320 
 
 vacancies, how supplied, 320 
 
 duties with respect to civil process, 
 
 summons, 
 
 320 
 
 when and how to be served, 321 
 
 fractions of days not counted, 321 
 
 return, . • ■ ■ 321 
 
 short summons, • 322 
 
 warrants in civil aotions, 322 
 
 how served, 322 
 
 returning warrant, 323 
 
 detention of defendant, 323 
 
 suits by attachment, 323 
 
 mode of executing the attachment, 324 
 
 may take bond for delivery of the goods, 324 
 
 form of bond, 704 
 
 bond to be given by claimant of goods, 324 
 
 form of such bond, •• 704 
 
 94 
 
740 INDEX. 
 
 PAGE 
 
 when constable to deliver up property, 325 
 
 return of attachment, 325 
 
 form of inventory to be attached, , 705 
 
 form of return, 705 
 
 short attachments, '■ 325 
 
 venire, what to contain, 326 
 
 what constables may not serve it, 326 
 
 how executed and returned, 326, 327 
 
 custody of the jury, 327 
 
 constable's oath, 327, 328 
 
 who exempt from jury service, 328 
 
 duties of constable with regard to such persons, 329 
 
 who may serve subpoena, 329 
 
 contents of an execution, 329 
 
 execution against joint debtors, 330 
 
 how served in such case, 330 
 
 when execution returnable, 330 
 
 constable's duty upon receipt of, 330 
 
 how levy is to be made 331 
 
 constable may obtain receiptor for delivery of goods, 331 
 
 form of receipt, „ . . . 707 
 
 to give notice of sale, 331 
 
 form of notice, , 707 
 
 proceedings at sale, 332 
 
 constable may not be a purchaser, 332 
 
 when defendant may be imprisoned, 332 
 
 imprisonment of a female, 332 
 
 return of execution partly satisfied, 332 
 
 consequences of not returning execution, . . 332 
 
 not to act after return day, ... - 333 
 
 what property exempt, 333, 331, 335 
 
 term " goods and chattels," 335 
 
 what may be a good levy, 336 
 
 renewal of execution, 336 
 
 omission of justice to enter return, 336 
 
 may sell on premises of debtor, 336 
 
 promise not to sell within thirty days void, > 337 
 
 constable may serve process in any part of the county, 337 
 
 must not oppress, * • 337 
 
 may adjourn sale, 337 
 
 his proceedings not void for irregularity in his appointment, 337 
 
 when claim upon goods lost, . .'. 338 
 
 may collect execution after expiration of term of office, 338 
 
 not to officiate as attorney, 338 
 
 may be removed, 338 
 
 may not act by deputy, 339 
 
 justices may authorize persons to serve civil process, 339 
 
 special proceedings, "• 339 
 
 when process may not be served, 339 
 
 breaking open ndoors, 339 
 
1KDEX. 747 
 
 . . PAGE 
 
 criminal proceedings, 
 
 powers and duties as a peace officer, 340, 341 
 
 process must be fair upon its face, ,, 341 
 
 requisites of a warrant, 342 
 
 cannot arrest a person without a warrant unless taken while commit- 
 ting the act, 34 j 
 
 what are felonies 343 
 
 what is an arrest, 344 
 
 all persons liable, 344 
 
 arrest may be made at any time and place, 344 
 
 mode of arrest, 344 
 
 officer should state his authority, 344 
 
 not obliged to show warrant, 344 
 
 may command assistance, , 344 
 
 may use force when resisted, 345 
 
 conveying prisoner before magistrate, 345 
 
 return of warrant, 345 
 
 form of return, 345 
 
 examination of prisoner, 345 
 
 commitment, what to contain, 345 
 
 executing commitment, 346 
 
 search warrants, 3*46 
 
 constables to attend courts, 346 
 
 compensation under insolvent laws, 347 
 
 rewards to constables, 347 
 
 buying securities &e. for prosecution, 347 
 
 penalty for, 348 
 
 consequences of neglecting duty, 348, 349 
 
 accounts for services in criminal cases, 349 
 
 form of preparing account, - 708 
 
 fees in civil cases, 349, 350 
 
 fees in special proceedings in civil cases, 350, 351 
 
 fees in criminal cases, 351, 352 
 
 Conveyances, 
 
 to be recorded in clerk's office, 454 
 
 certain, to be deemed mortgages, 455 
 
 must be acknowledged before being recorded, 455 
 
 how acknowledged or proved, 455, 456, 457 
 
 by comptroller and sheriff, ' 479 
 
 when one commissioner of loans may execute, 394 
 
 given by commissioner of loans, form of, . 412 
 
 forms for acknowledgment and proof of, 646-652 
 
 how recorded in clerk's office, 476-483 
 
 definition of term, : 482 
 
 Convicts, 
 
 removal of, 43 
 
 challenged at polls, 302 
 
 Corporations, 
 
 when to be struck out of assessment roll, • 18 
 
 assessment of taxes on, 139-14 4 
 
748 INDEX. 
 
 PAGE 
 
 principle of taxation of, 122 
 
 taxes on, how collected, 164 
 
 may commute for highway labor, 240 
 
 suits against by commissioners of highways, 240 
 
 town superintendents have powers of, 287 
 
 superintendents of the poor are, 423 
 
 Coroners, 
 
 how chosen 515 
 
 term of office, 515 
 
 number in each county, 515 
 
 to take constitutional oath, .' 515 
 
 must reside in county, 515 
 
 resignation, 515 
 
 not to act as attorney, 515 
 
 may be removed by governor, 515 
 
 when to do the duties of sheriff, 515 
 
 duty and powers, 516 
 
 when second or other designations to be made, 516 
 
 where but one coroner, 517 
 
 when judge to appoint some other person, 517 
 
 appointment to be in writing, 518 
 
 to be Bled in clerk's office, 518 
 
 duty and power of person so appointed, » 518 
 
 general provisions, 518 
 
 wrecks, and wrecked property, 519 
 
 sale, proceeds how disposed of, 519 
 
 what will be deemed wrecks, 520 
 
 actions against coroners, 520 
 
 process against sheriff to be executed by coroners, 520 
 
 one coroner may act, 520 
 
 powers on arresting sheriff, ■ 521 
 
 imprisoning sheriff, 521 
 
 liability for escape, 521 
 
 sheriff to have liberties, &c, 522 
 
 proceedings on bond of sheriff, 522 
 
 where sheriff is plaintiff, 522 
 
 prisoner how kepi ; bail bond, 523 
 
 bonds for liberties, 523 
 
 escape from liberties, 523 
 
 coroner's court, 523 
 
 inquisition, when to be made, 523 
 
 proceedings upon inquest, 524, 525 
 
 oath to jury, .. 524 
 
 charge to jury, 525 
 
 oath to witness, 525 
 
 caption of coroner's minutes, 525 
 
 adjournments, 525 
 
 to keep jury together, 526 
 
 oath to constable to keep jury, 526 
 
 to issue subpoenas, 526 
 
 to subpoena surgeon or physician, 526 
 
INDEX. 749 
 
 PAGE 
 
 form of summons for jury, 717 - 
 
 inquisitions, 527 
 
 forms of, 717,718,719 
 
 when to bind over witnesses, 527 
 
 to apprehend persons accused, 527 
 
 to return testimony, 527 
 
 coroner in New York city, 627 
 
 to deliver moneys to oounty treasurer, 528 
 
 compensation, 528, 529 
 
 duty in regard to preparing statement of effects of deceased persons, . 529 
 
 Costs, 
 
 how inserted in judgments, , 489 
 
 duty of clerk as to taxation of, 489 
 
 how stated and verified, 490, 491 
 
 how collected of overseers of the poor, 224 
 
 of commissioners for assessing damages in laying out roads, 248 
 
 County Clerk, 
 
 how elected, and term of office, 445 
 
 must reside in the county, 445 
 
 oath of office, 445 
 
 is clerk of courts, 445 
 
 custody of books, Ac, 445 
 
 to provide books for records, 446 
 
 where to keep his office, 446 
 
 deputy, 446 
 
 oath of, 447 
 
 powers of, 447 
 
 special deputy, • 447 
 
 notice to persons appointed, 448 
 
 to notify governor of neglect of officer to give bond, 448 
 
 to notify governor of vacancies, 448 
 
 fees for such notices, 448 
 
 to report to district attorney, • 448 
 
 to report incorporation of religious societies, 449 
 
 certified copies of papers, when evidence, 449 
 
 removal of records, • 449 
 
 to keep account of fees, 449 
 
 to send statement to secretary of state, • ■ • • 450 
 
 statement to be verified, 450 
 
 not to charge for fuel or lights, 450 
 
 official seal, 451 
 
 transcripts of judgments and decrees, 451 
 
 salaried office in Erie county, 451 
 
 county clerk may be removed by the governor, 451 
 
 vacancies, how supplied, 451 
 
 when to hold over, •" **2 
 
 census, *" 
 
 oaths of officers, 452 
 
 to notify governor and supervisor of neglect to file oath and bond, . . . 453 
 
 elections, * 53 
 
750 INDEX. 
 
 ♦ PAGE 
 
 collector's bonds, • 453 
 
 duty respecting sheriff s bunds, 453 
 
 to decide sufficiency of surrogate's sureties, 454 
 
 duty under school law, 454 
 
 conveyances to be recorded, 454 
 
 to provide different sets of books, 454 
 
 certain deeds to be deemed mortgages, 455 
 
 conveyances to be acknowledged before they can be recorded, 455 
 
 before whom to be acknowledged, 455, 456 
 
 requisites for acknowledgments, 456 
 
 acknowledgment by married woman, * . . 456 
 
 forms for acknowledgments, '• 646-652 
 
 certain acknowledgments must be certified by county clerk, 457 
 
 to reeord affidavits of sale, 457 
 
 indices to books, • 458 
 
 certificates of limited partnership, 458 
 
 office hours, - 458 
 
 riling papers, 458 
 
 to send list of convictions to secretary of state, 458 
 
 to file reports of town superintendents, 459 
 
 to send abstract of such reports to superintendent of public instruction, 459 
 
 to distribute laws, ic, 459 
 
 to copy names of jurors, 459 
 
 to publish notices of drawing jurors, 460 
 
 to serve copy of same on sheriff and county judge, 460 
 
 when to draw jurors, .' 460 
 
 mode of drawing, 460, 461 
 
 mode of drawing grand jurors, 462 
 
 when to issue subpoenas, • 462 
 
 may take affidavits, 462 
 
 duties of clerk respecting courts, 
 
 to make up calendar, 462 
 
 what it consists of, 463 
 
 when to be printed, 463 
 
 to keep minutes of the court, 463 
 
 opening the court at a circuit and oyer and terminer, 463 
 
 proclamation to sheriff, 464 
 
 names of constables to be called, 464 
 
 proclamation before calling grand jury, 464 
 
 oath to foreman of grand jury, _ 464 
 
 oath to grand jurors, ,. . . . 465 
 
 proclamation for silence while court is charging grand jury, 465 
 
 proclamation on calling petit jurors, 465 
 
 proclamation before imposing fines, 466 
 
 oath to petit jurors, 466 
 
 affirmation of jurors, 466 
 
 calendar first taken up, 467 
 
 circuit court, by whom held, 467 
 
 court of oyer and terminer, 467 
 
 proclamation for jury in a civil cause, 467 
 
 oath to triers, 468 
 
INDEX. 751 
 
 » TAGE 
 
 oath to witness in a civil cause, 468 
 
 oath to interpreter, 468 
 
 voire dire, 468 
 
 oath to a constable on retiring with a juror, 468 
 
 oath to constable to keep jury during recess, 469 
 
 oath to constable when jury retire to make up their verdict, 469 
 
 oath to juror or oonstable asking to be excused or discharged, 469 
 
 oath to poor witness on application for expenses, 469, 470 
 
 arraignment for felony, 470 
 
 ■ proclamation for petit jury in case of felony, 470 
 
 clerk's address to jury before he begins to call the jury, 470 
 
 juror's oath, 471 
 
 oath of a witness on a trial for- a felony, 471 
 
 proclamation for persons bound to answer, • • 471 
 
 for bail to produce principal, 471 
 
 for discharge of persons against whom no bills are found, 472 
 
 for defendant on an inquest, 472 
 
 for plaintiff to appear and prosecute, 472 
 
 for adjournment, 472 
 
 for opening court after adjournment, 472 
 
 proclamation before sentence, 472 
 
 proclamation calling jury in case of misdemeanor, 473 
 
 oath to witness in suoh case, ■ • 473 
 
 receiving verdict in case of felony, ". 473 
 
 polling the jury, 474 
 
 receiving verdict in civil action, 474 
 
 form of keeping minutes of verdict, 475 
 
 verdict in other cases, 475 
 
 orders, 475 
 
 duty with regard to records, etc., 
 
 mode of keeping them, 476 
 
 deed book and mortgage book, 476, 477, 478 
 
 to keep a register, .■ ■ ■ 478 
 
 formof, - 478 
 
 how to proceed on receiving a conveyance, 478, 479 
 
 acknowledgments taken in other states, 479 
 
 patents for lands, 479 
 
 comptroller's deeds, 479 
 
 deeds by sheriffs or other officers, 479 
 
 affidavits of foreclosure, 480 
 
 when conveyances considered recorded, • 480 
 
 scribes, ' » , 
 
 conveyances to be oopied entire, 480 
 
 certain words to be made prominent, "• 481 
 
 omissions and repetitions, 
 
 errors in spelling, &c, 482 
 
 term "conveyance," ■_ 
 
 leases, how recorded, 
 
 miscellaneous records, 
 
 homestead exemption, 
 
 ABO 
 
 record a9 to wife, " 
 
752 INDEX. 
 
 PAGE 
 
 alphabetical indices, 483 
 
 malting searches, 
 
 number of years to be examined, 484 
 
 to ascertain chain of title, 485 
 
 manner of searching records, 485, 486, 487 
 
 conveyances by master in chancery, 486 
 
 notice of lis pendens, 486 
 
 conveyances by sheriffs, 487 
 
 by attorneys, 487 
 
 wills conveying real estate, 487 
 
 certificate to be given, 488 
 
 searches upon foreclosure of mortgage, 489 
 
 costs, how inserted in judgment, 489 
 
 duty of clerk as to taiation of costs, 489 
 
 disbursements, how stated and verified, 490, 491 
 
 fees of clerk, 491-495 
 
 what'compensation audited by board of supervisors, 495 
 
 naturalization, 495 
 
 forms respecting naturalization, 713, 714, 715 
 
 County Charges, 
 
 what are, 24-26, 29 
 
 County Canvassers, 
 
 what constitutes board of, • 551 
 
 when and where to meet, 551 
 
 chairman and secretary, .' 552 
 
 oath to be taken, 552 
 
 quorum, 552 
 
 estimate of votes to be made, 552 
 
 separate statements to be made, 552 
 
 number of votes and names to be written out, 553 
 
 statements to be certified and recorded, 553 
 
 members of assembly and county officers, 553 
 
 copy to be published, 553 
 
 inspectors unable to attend, ••• 554 
 
 duty of those who attend, 554 
 
 statements containing omissions Ac, to be returned for correction, . . 554 
 
 county clerk to deliver statements to board, 555 
 
 to send same to governor, secretary and comptroller, 556 
 
 to deliver copy of certificate to county officers, 556 
 
 list to be sent to secretary of state, 556 
 
 ballots containing surname only, 556 
 
 when board acts ministerially and when judicially, 556, 557 
 
 County Judge, 
 
 salary of, how paid, 26 
 
 County Officers, 
 
 fees to be charged by, 27 
 
 County and Town Sealers, 
 
 county sealer appointed by board of supervisors, 352 
 
 term of office, 352 
 
INDEX. 753 
 
 PAGE 
 
 general duties, 352 
 
 town sealer, how appointed, 3,52 
 
 duration of office, 352 
 
 duties, 352 
 
 standard weights and measures, 353 
 
 the unit, 353 
 
 the yard, 353 
 
 the rod, 354 
 
 the acre, • 351 
 
 the pound, 354 
 
 the gallon, 354 
 
 the barrel, , 354 
 
 half bushel, 355 
 
 the peek, 355 
 
 measures of coal, ashes, &c, 355 
 
 heap measure, 355 
 
 contracts, how construed, 355 
 
 number of pounds to the bushel 356 
 
 superintendent of weights and measures, 356 
 
 his duties, 356, 357 
 
 copies of standard weights and measures, 356 
 
 copies of standards for counties, 357 
 
 devices for standards • • ■ • 357 
 
 weights and measures to be marked, 357 
 
 fees, 358 
 
 to deliver standards to successors, 358 
 
 penalty for refusal, 358 
 
 damages, how disposed of, • 359 
 
 penalty for using false weights and measures, 359 
 
 surveyor's testimony, 359 
 
 County Poor Houses, 
 
 when to be erected, • 427 
 
 superintendents ol-. 427 
 
 physician and keeper of, 426 
 
 furniture and implements of, 424 
 
 County Superintendents, 
 
 of the poor, ■ 
 
 [See Superintendents of the Poor.] 
 
 County Treasurer, 
 
 how elected, 496 
 
 termofoffice, 496 
 
 vacancies, how filled, 496 
 
 bond to be given, s - •'■ 496 
 
 to be filed in clerk's office, 49* 
 
 by whom approved, '49? 
 
 board of supervisors to fix penalty, " 497 
 
 oath to be taken, . . . 497 
 
 to receive and pay over moneys, 497 
 
 to keep accounts, 497 
 
 accounts with comptroller, • 497 
 
 95 
 
754 INDEX. 
 
 PAGE 
 
 accounts to supervisors, 498 
 
 books, &c, to be delivered and moneys paid to successor, 498 
 
 penalty for negleot, 498 
 
 commission, 498 
 
 salary in King's Co., 499 
 
 in Monroe Co., • 499 
 
 in Erie co., 499 
 
 when his bond may be sued, 499 
 
 to receive moneys from district attorney, 499 
 
 to charge collector, 500 
 
 proceedings when collector neglects to pay over moneys, 162, 163, 164 
 
 taxes upon lands of non-residents, 500 
 
 act to equalize taxation, 500 
 
 duty of treasurer under that act, 500 
 
 provision in case warrant returned unsatisfied, 501 
 
 debts owing for purchase of real estate, taxable, 501 
 
 agents of non-resident creditors to report to treasurer, 502 
 
 penalty for not making report, 502 
 
 abstract to he sent to assessors, 502 
 
 unpaid taxes how collected, 502 
 
 warrants, how made out, > 503 
 
 proceedings when unsatisfied, 503 
 
 expenses of treasurers and assessors, how paid, 504 
 
 to notify comptroller of the non-payment of taxes by corporations, . 504 
 
 to distribute forms, 504 
 
 school moneys, 505 
 
 to give notice of amount apportioned, 505 
 
 moneys not applied for, how disposed of, 505 
 
 annual tax for school purposes, ■ 505 
 
 penalties under poor laws, 505 
 
 funds transferred to treasurer from clerk of court of appeals, 506 
 
 moneys deposited by order of court, 507 
 
 powers as public administrators, ■ 507, 508 
 
 in certain cases to secure effects, 508 
 
 concealed effects, 509 
 
 perishable property, 509 
 
 property to be appraised, 509 
 
 proeeedings, 509 
 
 to return inventory to surrogate, 509 
 
 penalty for neglect to return, 510 
 
 bond, Ac, 510 
 
 must accept letters of administration, 511 
 
 evidence of his authority, 511 
 
 power of treasurer before letters are granted, 511 
 
 after reception of letters, •' 512 
 
 authority, how superseded, 511, 512 
 
 effect thereof, 512 
 
 to account to comptroller, 512 
 
 to publish statement, penalty for neglect of, 513 
 
 when responsible for money stolen, 513, 514 
 
 when may refuse to pay claims, 514 
 
INDEX. 755 
 
 . PAGE 
 
 to convert goods received from coroner into money, 514 
 
 Court Houses, 
 
 to be repaired when necessary, 15 
 
 land to be purchased for erection of, 34 
 
 to be ereoted, 35, 48 
 
 location may be changed, 37 
 
 exempt from taxation, 124 
 
 CoUET EoOMS, 
 
 to be provided by board of supervisors, 31 
 
 Crier, 
 
 sheriff to act as, 533 
 
 DAMAGES, 
 
 by building of plank roads, ■ 235 
 
 by laying out road through improved land, 245 
 
 assessment of, 245, 246 
 
 form of application for appointment of commissioners to assess, 674 
 
 form of appointment of commissioners, 675 
 
 notice to commissioners of their appointment, 675 
 
 oath to be taken by commissioners assessing, 676 
 
 form of order assessing, •• 676 
 
 form of release of, 669 
 
 parties aggrieved may ask re-assessment of, 246 
 
 notice to town clerk asking jury to re-assess, 676 
 
 clerk to draw and summon jury, 247 
 
 certificate of drawing of jury, 678 
 
 form of summons, 677 
 
 board of supervisors to audit and pay, 249 
 
 by laying out private roads, 257, 258 
 
 justice to summon jury to assess, •■ 114 
 
 Dead Bodies, 
 
 coroner's inquest upon, 523-527 
 
 Deaf and Dumb, 
 
 supervisors' duty with regard to, 39 
 
 overseers of the poor to furnish lists of, 226 
 
 Debts, 
 
 owing for purchase of real estate, taxable, 501 
 
 Deeds, 
 
 justices of the peace to take acknowledgments of, 116 
 
 forms for acknowledgment and proof of, 646-652 
 
 by comptroller and sheriff, W 
 
 when one commissioner of loans may execute, 394 
 
 given by commissioner of loans, form of, 412 
 
 to be recorded in clerk's office, *54 
 
 certain, to be deemed mortgages, • * 55 . 
 
 must be acknowledged before being recorded, 455 
 
 how acknowledged or proved, 455,456,457 
 
 how recorded in clerk's office, 476-483 
 
 when comptroller to give, 580, 581 
 
 Delinquents, 
 
 juvenile, to be sent to house of refuge, ; 43 
 
"756 INDEX. 
 
 PAGE 
 
 Deputies, 
 
 constable cannot. a«t by, 339 
 
 of county clerks, 
 
 powers of, « /• HI 
 
 of sheriffs, 
 
 do not continue in office in cose of vacancy in office of sheriff, 532 
 
 hare same power as under sheriff, 533 
 
 cannot transfer general powers, . > • 533 
 
 Disorderly Persons, 
 
 definition of 198 
 
 overseers ef poor to prosecute for breach of recognizance given by, ... 198 
 
 Districts, 
 school, 
 
 claims against, 40 
 
 town to be divided into, 276 
 
 description and number of, 276, 277 
 
 formation and alteration of, 289 
 
 consolidated, 291, 292 
 
 non-resident taxes belonging to, 58 
 
 suits against, 59 
 
 [See Common Schools and Town Superintendents. 1 
 rood, 
 town to be divided into, 232 
 
 Dogs, 
 
 justice, when to order to be killed, 116 
 
 to be taxed, 138 
 
 owner must deliver description of, 138 
 
 tax on, how collected, 139, 167 
 
 when may be killed, 167 
 
 supervisors to pass laws to prevent injury to sheep by, 36 
 
 to pay for sheep killed by, 54 
 
 Doors, 
 
 breaking open, 339 
 
 .Draining Swamps, 
 
 justice's duty in regard to, 116 
 
 Drunkards, 
 
 habitual, 
 
 overseers to designate and give notice not to sell to, 195 
 
 form of notice, ■ • ■ • 622 
 
 charge of drunkenness, how contested, 196 
 
 proceedings, verdict, &c, 196, 197 
 
 ELECTIONS, 
 
 manner of conducting, 
 
 [See Inspectors of Elections.] 
 Encroachments, 
 
 on highways, by fenoes, • 260 
 
 justice to summon jury in case of, 113 
 
 proceedings on denial of, 261, 262 
 
 certificate of to be filed, 101 
 
INDEX. 757 
 
 PAGE 
 
 Enrolment, 
 
 of militia, ; 
 
 [See Militia.] 
 Entries, 
 
 on minutes of board of supervisors, 79 
 
 in town clerk's book, supervisor's certificate to accompany copies of, . 594 
 
 of votes, copies of, 89 
 
 Equalization, 
 
 of assessments, 23, 63, 64 
 
 Escapes, 
 
 coroners liable for, 523 
 
 sheriffs, coroners, constables and marshals conniving at, 542 
 
 Excise, 
 
 boards of, ■ 
 
 to grant licenses to keep inns, 558 
 
 who compose board, 558 
 
 when licenses to be granted, 558 
 
 penalty for keeping tavern without license 558 
 
 bond to be executed by applicant, 559 
 
 form of, ." 559 
 
 bond to be filed, .,. 560 
 
 board to keep a record, 560 
 
 form of, 560 
 
 members need not be sworn, 560 
 
 Execution, 
 
 not to issue against board of supervisors, 23 
 
 may issue against commissioners of highways, 236 
 
 when not to issue against superintendents of the poor, 443 
 
 from justices' courts, 
 
 contents of, 329 
 
 constables duty upon receipt of, • 330 
 
 when returnable, 330 
 
 return of partly satisfied, 332 
 
 what property exempt from, 333, 334, 335 
 
 renewal of, 336 
 
 against joint debtors, 
 
 how served, 330 
 
 against the body, 
 
 imprisonment of defendant upon, 332 
 
 duty of sheriff respecting, 
 
 proceedings upon receipt of, 535 
 
 where there are several against same defendant, 536 
 
 mode of sale under, 537, 538, 539 
 
 requisites of, 538 
 
 against the person, 540 
 
 [See Constables and Sheriffs.] 
 
 FELONIES, 
 
 what offences are, 3*3 
 
758 INDEX. 
 
 PAGE 
 
 Females, 
 
 not to be imprisoned on any execution from a justice's court, 332 
 
 pregnant, 
 
 under sentence of death, execution of, hoV suspended , 544 
 
 Fences, 
 
 removal of on laying out of a road, 256 
 
 encroaching on highways, 260 
 
 order for removal of, 686 
 
 notice to occupant to remove, 697 
 
 penalty for not removing, 261 
 
 proceedings if encroachment be denied, 261, 262 
 
 Fence Viewers, 
 
 assessors and commissioners of highways to be, 122, 237 
 
 Firemen, 
 
 maybe appointed by supervisors, 5 
 
 exempt from jury service, 328 
 
 Fire Arms and Fire Works, 
 
 penalty for discharge of, 224 
 
 Fire in Woods, 
 
 how extinguished, 7, 115,238 
 
 Floating Timber, v 
 
 duty of town clerk in regard to, 93, 94 
 
 Foreman, 
 of grand jury, 
 
 oath to, ■ 465 
 
 . of coroner's jury, 
 
 oath to, 524 
 
 Forms, 
 
 for town and county officers, 
 
 [See Index to the Forms.} 
 GALLON, 
 
 standard for, 353, 354 
 
 GAMING AND BETTING, 
 
 penalty for, 225 
 
 overseers of the poor to sue for, « 225 
 
 persons winning forfeit five times value, 225 
 
 losing may recover back, 225 
 
 Game, 
 
 board of supervisors to provide for protection of, 36 
 
 Gardens, 
 
 roads not to be laid through, .■ ■ 250 
 
 Grain, 
 
 bushels of different kinds of, how much to weigh, 356 
 
 Grand Jurors, 
 
 pay of, • • 16 
 
 supervisors to select persons to serve as, 11 
 
 lists of, 52 
 
INDEX. 759 
 
 PAGE 
 
 who to be placed on list of, 52 
 
 contents of list, &c, ; . . . 53 
 
 increasing number of, 53 
 
 qualifications of, .• , 54 
 
 mode of drawing, 461 
 
 oath to foreman of, • 464 
 
 oath to, ,- 465 
 
 Guide Posts, 
 
 injuries to, 264 
 
 HABITUAL DRUNKARDS, 
 
 [See Drunkards.] 
 Health, Boards of, 
 
 by whom appointed, , 366 
 
 appointed annually, 366 
 
 of how many persons composed, 366 
 
 health officer to be appointed, 366 
 
 general powers and duties of board, , . . 366, 367, 368 
 
 boards of health in towns, 366 
 
 rooms for sick poor to be provided, 368 
 
 cities and counties excepted, 369 
 
 power relating to nuisances, ' 3(9, 370 
 
 nuisance denned, 370, 371 
 
 boards to make a record of their proceedings, 371 
 
 accounts, to whom chargeable, 371, 372 
 
 must be verified, 372 
 
 form of verification, • ' ■-' 709 
 
 law relating to claims of boards of health, 372-381 
 
 cannot sue or be sued, ; 374 
 
 have no powers only those given by the general act, 374 
 
 what expenses are county charges, 376-379 
 
 accounts for supervisors must be made out in items and verified, . . 378,379,380 
 
 board cannot purchase and hold real estate, 380 
 
 by-laws not binding unless published, 381 
 
 Heaped Measure, 
 
 what is deemed, 365 
 
 Highways, 
 
 how created, 242 
 
 officers intrusted with care of, 228 
 
 their powers and duties, 228-275 
 
 [See Commissioners of Highways and Overseers of Highways.] 
 
 House of Refuge, 
 
 juvenile delinquents to be sent to, 43 
 
 IDIOTS, 
 
 paupers, how supported, 433 
 
 Imprisonment, 
 
 . of defendant on execution, 332 
 
 Incorporated Companies, 
 
 t of tax on, ■ 139-144 
 
 [See Corporations.] ' 
 
760 INDEX. 
 
 PAGE 
 
 Indentures, 
 
 for binding out children, what to contain, 221 
 
 form of , . 621 
 
 Indian Corn, 
 
 standard weight of, 356 
 
 Indian Children, 
 
 how bound out, 221 
 
 Inns and Taverns, 
 
 how licensed, 558 
 
 penalty for keeping up sign without license, 55S 
 
 bond to be given by applicant for license, 559 * 
 
 Infamous Crime, 
 
 persons challenged at polls as convicted of, 302 
 
 Inquisition, 
 
 upon persons found dead, when to be had, 523 
 
 proceedings upon, 523-527 
 
 Insane Persons, 
 
 indigent, at asylum, 57 
 
 duties of justice in regard to,. ••■ 115 
 
 assessors to make lists of, 137 
 
 when to be confined and maintained, 193 
 
 to be sent to asylum, 193, 436 
 
 penalty for unlawfully confining, 194 
 
 committee may be compelled to support, 194 
 
 support of at asylum, 436-440 
 
 Intestates' Estates, 
 
 administration of by county treasurer, '• 507-512 
 
 Insurance Companies, 
 
 are corporations, 142, 144 
 
 Inspectors of Election, 
 
 responsibility of the office, 293 
 
 manner of their election, 294 
 
 in case of vacancy may be appointed, 295 
 
 division of towns and wards into election districts, 295 
 
 new towns, 295 
 
 manner of conducting elections, 
 
 board to be formed, 295 
 
 chairman, 295 
 
 oath of office to be taken, 296 
 
 form of oath, 593 
 
 clerks of the poll, '. 296 
 
 poll opened, 296 
 
 how long to be kept open, 296 
 
 electors to vote by ballot, 296 
 
 ballot, form and contents of, 296, 297, 298 
 
 challenge and preliminary oath, 298 
 
 questions to persons challenged, 299 
 
 vote when to be rejected, 299 
 
INDEX. 761 
 
 , PAGE 
 
 oath to be taken if challenge not withdrawn, 299 
 
 oath of a colored man, * 300 
 
 vote to be rejected if oath not taken, 301 
 
 minutes respecting persons challenged to be kept and filed, 301 
 
 challenge as a convict, 302 
 
 ballot boxes, 302,303 
 
 ballots, how t» be deposited, 303 
 
 poll lists, 303 
 
 inspectors to challenge, 303 
 
 to preserve order, 304 
 
 sheriff and constables to execute their orders, 304 
 
 canvass of votes, 
 
 to be made as soon as poll is closed, 305 
 
 to be public, 305 
 
 comparison ef poll lists, 305 
 
 ballots to be counted, 305 
 
 excess to be destroyed, 305 
 
 estimate of votes, 305 
 
 statement of result to be made, 306 
 
 statement of votes for presidential electors, 307 
 
 form of inspectors' statement, 30? 
 
 copy to be filed, 303 
 
 poll lists to be filed, 30g 
 
 ballots to be destroyed, 30g 
 
 original statements to be delivered to supervisors, . . . 308 
 
 state ballot, 30s 
 
 judiciary ballot, 309 
 
 electoral ballot, 309 
 
 assembly ballot, 309 
 
 qualifications of voters, 309, 310 
 
 who are citizens, 310, 311, 312 
 
 fraudulent votes, 312 
 
 questions to persons challenged should be asked by inspectors, 312 
 
 what questions to be put, . .... 313 
 
 vote to be received when general oath taken, 313 
 
 what persons not permitted to vote, 313 
 
 penalty for permitting them, 311 
 
 residence of voters, 314, 315, 316 
 
 preserving order, 316 
 
 may appoint electors to assist, . 316 
 
 exposing ballots, 317 
 
 when inspectors act judicially, 317 
 
 addition of junior and a middle letter forms no part of the name, .... 317 
 
 when defective ballots to be allowed, 317 
 
 when to be returned, • 317 
 
 when inspectors to act as clerks, 318 
 
 form of precept to be issued by inspectors for the arrest and detention 
 
 of a person guilty of disorderly conduct, 695 
 
 form of precept for the arrest of a person refusing to obey the lawful 
 
 commands of the inspectors, • 696 
 
 form of poll lists, 696 
 
 96 
 
762 INDEX. 
 
 PAGE 
 
 form of minute of persons challenged, 696 
 
 certificate of canvass of votes for electors of president and vice-presi- 
 dent, 697 
 
 certificate of canvass for governor, 697 
 
 for judicial officers, 698 
 
 form of appointment of a minority inspector for each district, .... 701 
 
 form of appointment of inspectors to supply vacancies, 702 
 
 appointment of an Inspector to form a board where a majority is not 
 
 present on the day of election, 702 
 
 proclamation of the opening of the poll, 703 
 
 proclamation on closing the poll, 703 
 
 JAILS, 
 
 to be repaired when necessary, 15 
 
 board of supervisors to purchase land for sites for, 34 
 
 board to erect, 35, 48 
 
 may change location of, 37 
 
 expense of guarding, how paid, 41 
 
 exempt from taxation, ]24 
 
 sheriff to have custody of, > 534 
 
 Joint Debtors, 
 
 execution against, 330 
 
 JUDGMENTS, 
 
 against towns, • 7 
 
 Jurors, 
 
 payof, 16 
 
 who exempt from service as, 328 
 
 petit, 
 
 names to be copied, 459 
 
 clerk to publish notices of drawing of, 460 
 
 when to draw, 460 
 
 mode of drawing, 460 
 
 oath to, 466 
 
 oath to triers, 468 
 
 grand, 
 
 supervisors to select persons to serve as, 11 
 
 lists of, 52 
 
 who to be placed on list, - 52 
 
 contents sf list Ac, 53 
 
 increasing number of, 53 
 
 qualifications of, 54 
 
 mode of drawing, 461 
 
 oath to foreman of, 464 
 
 oath to, 465 
 
 Justices of the Peace, 
 how elected and tenure of office, 
 
 by ballot, 105 
 
 to be divided into four classes, 106 
 
 term of office four years, 106 
 
 four justices in each town, 106 
 
 on election of a new town, to be elected at next general election, 106 
 
INDEX. 76S 
 
 PAGE 
 
 justices residing within a, new town to be Justuses thereof, 106 
 
 notice of meeting to determine classes, 107 
 
 classes how determined, 107 
 
 neglect to attend drawing, 108 
 
 certificates of result of such" drawing, 108 
 
 when there may be more than four justices, i08 
 
 proceedings when number reduced, 109 
 
 to be elected at same time as other town officers, 109 
 
 when elected to supply Tacancies, 109 
 
 town clerk to transmit certificate of eleotion to county clerk, 109 
 
 when to enter on their duties, 110 
 
 ballots, how to be written, 110 
 
 duty of presiding officers, , ]tl 
 
 determination by lot, ...... Ill 
 
 oatn of office, 112 
 
 must be a resident and elector, 112 
 
 how removed, 112 
 
 powers, duties and privileges, 
 
 to preside at town meetings and preserve order, 112 
 
 to appoint town officers when not elected, 112 
 
 in case of vacancies, 114 
 
 form of appointment, 610 
 
 warrant to be filed, 112 
 
 member of board of town auditors, 113 
 
 appeals from assessment of damages for laying out roads, 113 
 
 form of oath, 67G 
 
 form of summons, 677 
 
 form of certificate, 678 
 
 to summon jury in case of encroachments upon highways, 113 
 
 form of precept to summon jury, 687 
 
 may accept resignation of town officers, 114 
 
 laying out private roads, to summon jury, 114 
 
 form of summons, 682 
 
 verdict of the jury, 683 
 
 form of certificate to the verdict, ' 683 
 
 fire in woods, • 114 
 
 beggars, 115 
 
 lunatics, 115 
 
 temporary relief of poor persons, 115 
 
 to license exhibitions, 116 
 
 to order dogs to be killed on complaint, 116 
 
 draining swamps and low lands, * 116 
 
 may solemnize marriage, » 116, 117 
 
 to furnish certificate, : 117, 118 
 
 form of certificate, > ■ • • 690 
 
 town houses, » H8> 119 
 
 fees, • 12* 
 
 fees in criminal proceedings, 120 
 
 buying securities &c. for prosecution, 347 
 
 penalty for, ■ 348 
 
 to take acknowledgments of deeds, 4c, 118 
 
764 INDEX. 
 
 PAGE 
 
 form of acknowledgment by a grantor known to the officer, 646 
 
 by grantor identified by a witness, > 646 
 
 by husband and wife known to the officer, 646 
 
 by same, both identified by a witness, 647 
 
 by same, husband known and wife identified, 647 
 
 by four persons, two known and two identified, 648 
 
 by a person conveying by power of attorney, ....". 649 
 
 by a deputy sheriff of a deed executed by him in the name of the sheriff, 649 
 
 proof of a deed by a subscribing witness known to the officer, 649 
 
 by subscribing witness identified by another witness, 649 
 
 by subscribing witness of the execution of a deed by husband and 
 
 wife residing out of the State, witness known to the officer, 650 
 
 by subscribing witness identified, in same case as preceding, 650 
 
 proof as to husband by subscribing witness, and acknowledgment by 
 
 wife, wife and witness both known, 651 
 
 same with wife and witness both identified, 651 
 
 proof of a deed executed by an incorporated company, 652 
 
 certificate of proof of the execution of a conveyance when subscribing 
 
 witnesses are dead, 652 
 
 KEEPEES, 
 
 of poor houses, how employed, 424, 426 
 
 LAND, 
 
 term defined, 123 
 
 Lands of Non-Residents, 
 
 taxes on, 
 
 land to be described as in a deed, 549 
 
 inconveniences of poor description, 550 
 
 when tax to be assessed' to town, 551 
 
 Law of 1855 — payments and returns by county treasurers — duty of 
 comptroller and other officers : 
 
 county debts, ■ 561 
 
 state tax, when to be paid, 561 
 
 how paid, 561 
 
 certificate of unpaid taxes, 562 
 
 tax on land vacant by removal of occupant, 562 
 
 non-resident lands, , 563 
 
 tax may be paid to treasurer, 563 
 
 apportionment of state tax, 563 
 
 lands imperfectly described, .' 564 
 
 arrears, how paid, 564 
 
 accounts with county treasurer, 564 
 
 suits for neglect to pay, 565 
 
 bond to be sued, 565 
 
 suits, when to be discontinued, • : • 565 
 
 statement of arrears, > 565 
 
 statement of rejeoted taxes, 566 
 
 taxes on lands imperfectly described, 566 
 
 transoript to be delivered to supervisors, 566 
 
 description of land to be made, 567 
 
 if not made, tax assessed upon town, 567 
 
INDEX. 765 
 
 PAGE 
 
 how assessed in case of division of town, 567 
 
 tax, when cancelled, 568 
 
 account to be transmitted to supervisors, 568 
 
 overpaid taxes, 568 
 
 losses by default, 568 
 
 interest on unpaid taxes, 569 
 
 certificate of taxes due, *. 569 
 
 persons may pay tax for their interest in lands, 569 
 
 map of subdivisions, 569 
 
 taxes how paid, 570 
 
 overcharges to be re-charged to county, 570 
 
 town to be liable therefor, , 570 
 
 sales for unpaid taxes — conveyance and redemption of lands sold, etc., 
 
 land, when to be sold, 571 
 
 list of lands, and notices of sale, 571 
 
 lists, how transmitted, 572 
 
 pay of agents, 572 
 
 expenses, bow paid, 573 
 
 copies in treasurer's office, * 573 
 
 treasurer's expenses, 573 
 
 notice by town clerk, 573 
 
 general notice, 573 
 
 affidavit of publication, 574 
 
 maps of lands sold, 574 
 
 sale, 575 
 
 bids, how paid, • - 575 
 
 certificate of purchase, 575 
 
 cancellation^ sale, 575 
 
 new certificates, 576 
 
 change of purchaser, 576 
 
 time for redemption, • 576 
 
 undivided parts, 576 
 
 undivided share of undivided part, 577 
 
 specific parts, - 577 
 
 specific part of undivided tract, 577 
 
 proportional parts, how paid, 577 
 
 partial redemptions, 578 
 
 taxes on land conjointly sold, 578 
 
 suits for proportion of value, 578 
 
 lien of judgment 579 
 
 docket how made, 579 
 
 notice of unredeemed lands, 579 
 
 how published, • 580 
 
 deeds, 580 
 
 lost certificate, 580 
 
 conveyances, how executed, 581 
 
 bids for state, 581 
 
 sale of lands bid in by comptroller, 582 
 
 notice to occupants, 582 
 
 notice how served, 583 
 
 redemption, W 
 
766 INDEX. 
 
 PAGE 
 
 certificate, ■ 583 
 
 affidavit of service of notice, 584 
 
 comptroller's certificate of facts, 584 
 
 occupant may redeem, 584 
 
 treasurer's receipt, 585 
 
 mortgage liens, not affected, 585 
 
 notice to mortgagee, 585 
 
 mortgagee's lien, 585 
 
 failure to pay, 586 
 
 mortgagee defined, 586 
 
 notices, how served, 586 
 
 notices, to whom directed, 586 
 
 invalid sales, 587 
 
 error, how charged, 587 
 
 cancelling sale and refunding money, 587 
 
 expenses of sales, 588 
 
 moneys to be paid into treasury, 588 
 
 neglect of duty, , 588 
 
 pay of county treasurers, 588 
 
 payments, how audited, 589 
 
 exceptions, - 590 
 
 acts repealed, 590 
 
 [See Supervisors, Boards of, Assessors and County Treasurer.] 
 Laws, 
 
 for destruction of wild beasts, <lc , 36 
 
 local, 
 
 board of supervisors to provide for publication of, 40 
 
 Legislative Powers, 
 
 of boards of supervisors, 32 
 
 Letters of Administration, 
 
 county treasurer must accept, 511 
 
 power of treasurer before granting of, 511 
 
 after reception of, 512 
 
 Levy, 
 
 what constitutes, > 331, 536 
 
 what property exempt from, 334, 335, 336 
 
 Licences, 
 
 for exhibitions, > 116 
 
 to keepers of taverns, 558 
 
 bond to be given by applicant for, 559 
 
 Liquid Measure, 
 
 standards of, 353, 354 
 
 Lis Pendens, 
 
 clerk to search for notice of, 486 
 
 Losses, 
 
 by collector, 165 
 
 Lunatics, 
 
 indigent at asylum, , 57 
 
INDEX. 767 
 
 PAGE 
 
 duty of justices in regard to, 115 
 
 assessors to make lists of, 137 
 
 when to be oonfined and maintained, 193 
 
 to be sent to asylum, 193, 436 
 
 penalty for unlawfully confining,, , 194 
 
 committee may be compelled to support....... 194 
 
 support of, at asylum, 436-440 
 
 MAINE LAW, 
 
 supervisor to prosecute for violation of, 12 
 
 Mandamus, 
 
 when to be granted to compel board of supervisors to aot, 29, 30, 31 
 
 Maps, 
 
 of towns, 4 
 
 of new towns,, to be filed, 32 
 
 of lands to be sold for taxes, 45 
 
 Marriages, 
 
 justices of the peace may solemnize, 116 
 
 how solemnized, 116 
 
 facts to be ascertained, 116 
 
 entry of facts to be made, 116 
 
 solemnizing in certain cases a misdemeanor, 116 
 
 certificate of, 116, 117 
 
 filing of, 101 
 
 form of certificate, 690 
 
 Marshals, 
 
 for taking census, compensation of, 55 
 
 Mayor, 
 
 and aldermen in New-York, ex-qfficio supervisors, , 15 
 
 Measures, 
 
 standards of, ; 353, 354, 355 
 
 construction and distribution, 356, 357 
 
 devices for, • 357 
 
 penalty for using false, 359 
 
 Mile Stones, 
 
 penalty for injuring 264 
 
 Ministers, 
 
 of the gospel, 
 
 oertain property of exempt from taxation, 125 
 
 exempt from jury service, 329 
 
 of the United States, 
 
 to take acknowledgment af deeds, 456 
 
 Militia, 
 
 enrolment of, 1*5 
 
 notice of completion of enrolment, 146 
 
 affidavit to be made by persons claiming to be exempt, 146 
 
 commandants of military companies and foremen of fire companies 
 
 to deliver lists of members to assessors, 147 
 
 assessors to determine who are exempt, 147 
 
768 INDEX. 
 
 PAGE 
 
 who to be deemed armed and equipped, .' 118 
 
 lists of persons exempt to be made, 149 
 
 assessors to verify roll and deliver to supervisor, 149 
 
 instructions of adjutant general to be pursued, 150 
 
 information of persons liable to be enrolled, 151 
 
 penalty for not giving information, *. 151 
 
 mode of collecting commutations, 152 
 
 commanding officer of regiment may remit erroneous assessment, .... 153 
 Moneyed Corporations, 
 
 what are, 142, 143 
 
 taxation of, 142 
 
 Mortgages, 
 
 of chattels, to be riled, 98 
 
 to commissioners of loans, 
 
 when to hare effect of a record, 404 
 
 books of to be deposited in clerk's office, 410 
 
 form of, ' 410 
 
 Mother, 
 of bastard child, 
 
 not to be removed, 199 
 
 compelled to testify, 208 
 
 may be compelled to support child, 208 
 
 when to be supported as pauper, 214 
 
 to be removed to poor house, 218 
 
 to be paid for nursing, 219 
 
 NATURALIZATION, 
 
 duty of clerk with regard to, 495 
 
 forms with reference to, .' 713, 714, 715 
 
 New Towns, 
 
 duty of board of supervisors with regard to, 32, 33, 68 
 
 election districts in, how formed, . . . -. 295 
 
 justices in, 
 
 how elected, 106 
 
 classes of, how determined, 107, 108 
 
 Non-Residents, 
 
 lands of, how assessed, 129, 130, 131 
 
 [See Lands of Non- Residents.} 
 
 Noxious Animals, 
 
 boards of supervisors to provide Tor destruction of, 36 
 
 weeds, 
 
 destruction of, 36 
 
 Nuisance, 
 
 what is, 370,371 
 
 OATHS, 
 
 to be administered to certain town officers by town clerk, 97 
 
 assessors may administer certain, 133 
 
 town superintendent to administer certain, 287 
 
 of certain officers, to be taken before county clerk, 452 
 
INDEX. 769 
 
 PAGE 
 
 Oath, 
 
 constitutional „„, 593 
 
 preliminary to persons challenged,. 298 
 
 if challenge not withdrawn, 299 
 
 of a colored man, challenged, 300 
 
 of constable having charge of jury, 327, 469, 526 
 
 ancient, of constable, 340 
 
 to foreman of grand jury, . , 465 
 
 to grand jurors, * 465 
 
 to petit jurors, . - 466 
 
 to triers , . . 468 
 
 to witness in a civil cause, 463 
 
 to juror or constable asking to he excused or discharged, 469 
 
 to poor witness on application for expenses, 470 
 
 to jurors on a trial of a criminal, 471 
 
 of a witness on a trial for a felony, 471 
 
 to witness in case of misdemeanor, 473 
 
 to jury on coroner's inquest, 524 
 
 to witness on an inquest, 525 
 
 [See Index to the Forms.] 
 Obstructions, 
 
 of highways, penalty for, 258, 259 
 
 overseers to remove, 267 
 
 Orchards. 
 
 roads not to be laid through, 250 
 
 Overseers of Highways, 
 
 how chosen, 265 
 
 must be one for each road district, 265 
 
 may be appointed, 265 
 
 appointment to be filed, 265 
 
 form of appointment, 654 
 
 penalty for not serving, 265 
 
 not liable but once, 266 
 
 to file acceptance, 266 
 
 general duties, 
 
 to repair highways, 266 
 
 to warn persons to work, 266 
 
 to destroy weeds, 266 
 
 to remove loose stones, 266 
 
 to erect monuments, ■ 266 
 
 to collect fines, &c, 266 
 
 > may make second assessment, 267 
 
 to remove all obstructions, 267 
 
 notice to work, - 267 
 
 notice to non-residents, ■ 268 
 
 commutation for work, 269 
 
 when to be paid,. . .". 269 
 
 teams to be furnished, 269 
 
 number of hours to work, • 269 
 
 penalty for not working faithfully, 270 
 
 neglect to comply with notice, ■ 270 
 
 97 
 
770 INDEX. 
 
 PAGE 
 
 complaints, how made, 270 
 
 proceedings on complaint,. 271 
 
 penalties to be set off, < 271 
 
 excuses, 272 
 
 proceedings to collect non-resident labor unpaid, 272 
 
 annual return of overseers, 273 
 
 to pay over moneys, 273 
 
 penalty incurred by neglect, 273 
 
 re-assessment, 274 
 
 form of overseer's list of persons in bis district, 656 
 
 additional assessment, 656 
 
 notice as to non-resident lands, 657 
 
 complaint against a person refusing to work, 658 
 
 complaint for not furnishing a team, < 658 
 
 list of non-resident lands &o. to be delivered to supervisor, 659 
 
 affidavit to attach, 660 
 
 annual account of overseers, > 660 
 
 Overseers of the Poor, 
 how elected, 
 
 by ballot at the annual town meeting, 167 
 
 may be appointed, 168 
 
 refusal to serve, 168 
 
 oath of office, 168 
 
 form of oath, 593 
 
 name on poll list sufficient notice of election, 168 
 
 duty in relieving the poor, 
 
 to determine how paupers are to be maintained by relatives, 168 
 
 natural relations only liable, 168 
 
 child must support grandparents, 168 
 
 form of application to compel a person to support a poor relative, ... . 615 
 
 form of notice to relatives to accompany same, 615 
 
 form of affidavit of service, 616 
 
 proceedings to compel relatives to support poor persons, 169 
 
 proceedings in regard to absconding parent or husband, • 170, 171 
 
 form of notice of property seized belonging to such absconding per' 
 
 son, 616 
 
 form of bond to be given to overseers, 616 
 
 one overseer may carry on suit, 172 
 
 consent, when presumed, 172 
 
 disposition of moneys received, 173, 171 
 
 settlement, how gained, 171, 175, 176 
 
 paupers not to be removed and how supported, 177 
 
 form of notice from overseer of one town to overseer of another, 617 
 
 proceedings to determine settlement of paupers, 178 
 
 form of notice of intention to contest settlement, 618 
 
 towns, how compelled to support paupers, 178 
 
 proceedings to determine who are county paupers, '. 179 
 
 proceedings in counties where there are no poor houses, 180, 181 
 
 relief to paupers in counties having poor houses, ■ • 181 
 
 form for order of removal to poor honse, 618 
 
 proceedings where paupers cannot be removed to poor honse, 182 
 
INDEX. 771 
 
 PAGK 
 
 neglect to give relief. • 183 
 
 relief of paupers in counties not having poor houses, 183, 184 
 
 form of order of relief where there is no poor house, 619 
 
 form of notice to superintendent where pauper has no legal settlement, 619 
 
 county paupers in counties having no poor houses, how supported, . . 184 
 
 accounts with county treasurer, 184 
 
 accounts by superintendents, 185 
 
 accounts of overseers in counties where there are no poor houses, .... 185 
 
 form for keeping such accounts, 620 
 
 how audited and settled, 186 
 
 penalty for neglect to exhibit accounts^ , 186 
 
 accounts and estimates to be presented at town meeting, 186 
 
 expenses of supporting town poor, how defrayed, 187 
 
 overseers in the cities of Albany, Hudson, Troy, Oswego, and Sche- 
 
 neotady, 187 
 
 compensation to overseers, l 187 
 
 accounts for county paupers, how settled, • 188, 189 
 
 penalty for removing paupers, ■ • • 189, 190 
 
 proceedings to compel support of a removed pauper, 190 
 
 liability, how contested, 190, 191 
 
 penalty for bringing paupers from without the State, 191 
 
 overseers to prosecute diligently for penalties, 191 
 
 poor moneys invested, 192 
 
 where overseers to receive poor moneys, 1 92 
 
 to commit children to poor house when found begging, 192 
 
 may consent to their being bound out, 193 
 
 duty concerning lunatics, 
 
 when to confine and maintain them •• 193 
 
 to be sent to asylum, 193 
 
 penalty for unlawfully confining lunatics, ■. 194 
 
 may compel committee to support lunatic, 194 
 
 appeal may be taken from the order of the justice or overseer, 194 
 
 drunkards, 
 
 to designate and give notice not to sell to, • 195 
 
 form of notice, • • •••• 622 
 
 penalty for disregarding notice, 195 
 
 charge of drunkenness, how contested, 196 
 
 effect of verdict, » • . - , 197 
 
 costs, ■ • 197 
 
 howpaid for services, • •-» 197 
 
 when to revoke notice, 197 
 
 form of revocation, • • 622 
 
 to prosecute for offences committed under the provisions of the pro- 
 hibitory liquor law, •••• 198 
 
 to prosecute for breach of recognizances given for good behavior, . . . . , 1 98 
 support of bastards, 
 
 who are bastards, 199 
 
 when supported by county or town, ......... 199 
 
 removal of mother prohibited, ■ »- 199 
 
 how supported if removed, 200 
 
 proceedings' to compel support of mother and child in proper county, . 200 
 
772 INDEX. 
 
 PARE 
 
 when the overseers should apply to a justice, 200 
 
 form of application, 623 
 
 proceedings of justice on the complaint, 201 
 
 proceedings against father out of the county, 201 
 
 justice to take bond to indemnify or appear at sessions, 202 
 
 form of bond, 629 
 
 form of subpoena for witness 629 
 
 manner of proceeding when bond is executed, 203 
 
 when not executed, ,. 203 
 
 proceedings before the justices, 203 
 
 hearing may be adjourned, . . . . • . 204 
 
 form of bond on adjournment, 630 
 
 hearing before the justices, '. 204 
 
 form of order of filiation, 630 
 
 an appeal by superintendents will not lie, 205 
 
 costs to be paid and bond entered into, 205 
 
 form of bond under order of filiation, 631 
 
 father to be committed if costs not paid, 206 
 
 form of warrant to commit, % 632 
 
 when father to be discharged, 207 
 
 when committed, 207 
 
 proceedings in case bond is given out of the county, 207 
 
 proceedings may be had in absence of the accused, 208 
 
 mother compelled to testify, 208 
 
 form of warrant, to commit mother, 634 
 
 when the mother may be compelled to support bastard, 208 
 
 form of summons, 634 
 
 form of order to compel mother to support child, 635 
 
 form of warrant of commitment against mother, 636 
 
 sum ordered may be reduced or increased, 209 
 
 appeals from the order of the justices, 209, 210, 211 
 
 form of notice of appeal, 638 
 
 proceedings where mother is bound to appear, 211 
 
 on affirming order, 212 
 
 costs on appeal, 212 
 
 when an original order may be made by the sessions, 213 
 
 district attorney to prosecute in case of default in bonds, 213 
 
 proceedings against absconding father or mother, 214 
 
 mother and child to be supported as paupers, 214 
 
 when mother and child to be removed, 215 
 
 notice to be given of bastardy cases, 215 
 
 when overseers to support child and mother, 215 
 
 moneys paid by parents of bastards, how disposed of, 216 
 
 disputes concerning settlement of mother or child, how determined,. 216, 217 
 
 settlements in bastardy cases, 217 
 
 when application to be made to a justice to obtain an order, 218 
 
 may remove mother and child to county poor house, 218 
 
 penalty for neglect of duty, 219 
 
 to compromise with putative father, 219 
 
 mother to be paid for nursing child, .■ 219 
 
 actions on bonds and orders, • • > 219, 220 
 
index. 773 
 
 PAGE 
 binding out children, 
 
 may bind out male children under twenty-one, 220 
 
 females under eighteen, 220 
 
 consent of justices &c. necessary, 221 
 
 Indian children, 221 
 
 contents of indentures, 221 
 
 consent of justices must be endorsed upon indentures, 222 
 
 form of indenture and consent, 021 
 
 actions by and against, 
 
 may be brought on contracts with predecessors, 222 
 
 to recover any penalty or damages, 222 
 
 against, how commenced, 222 
 
 by, how commenced, 223 
 
 implied authority to sue, 223 
 
 suits do not abate by death, removal or resignation, 223 
 
 must pay judgments, 224 
 
 costs, 224 
 
 miscellaneous duties, 
 
 to sue for penalty for exhibiting idle shows, 224 
 
 for discharging fire arms, rockets, &c, 224 
 
 for keeping gaming tables, 225 
 
 for gambling or betting, 225 
 
 for breach of recognizance given by a disorderly person, 225 
 
 for racing of animals, 226 
 
 to furnish superintendent of schools with list of deaf and dumb per- 
 sons, 226 
 
 local provisions, 226, 227, 228 
 
 compensation, 228 
 
 PAUPEKS, 
 
 [See Overseers of the Poor and Superintendents of the Poor.] 
 Peace, 
 
 constables, officers of, 318 
 
 to arrest for breach of, 318 
 
 justices of, 
 
 [See Justices of the Peace.] 
 
 Peck, 
 
 standard of, 355 
 
 Penalties, 
 
 supervisor to prosecute for, 3 
 
 overseers of the poor to prosecute for certain, 224, 225, 226 
 
 county treasurer to receive money collected for, 505 
 
 Personal Property, 
 
 term defined, 123 
 
 in hands of agent, what is, 123 
 
 what exempt from taxation, 124 
 
 where to be assessed, 126 
 
 tax on, how enforced, 161 
 
 Physicians, 
 
 for poor-houses, how appointed, 426 
 
774 JNDEX. 
 
 ' PAGE 
 
 Plank Roads, 
 
 inspectors of, • .,.,..•...,..,.......,...,. 41 
 
 duty of board of supervisors with regard to, 41 
 
 damages by building of, how appraised, • > 235 
 
 Poll of Election, 
 
 when to be opened, • 296 
 
 how long to be kept open, 296 
 
 Poll Lists, 
 
 clerks to keep, 803 
 
 to be filed, 308 
 
 Polling the Jury, 
 
 how done, 474 
 
 Poor, 
 
 overseers of, powers and duties, 167-228 
 
 [See Overseers of the Poor.'} 
 
 county superintendents of, 421-445 
 
 [See Superintendents of the Poor.'] 
 Poor Houses, 
 
 lands to be purchased for erection of, 34 . 
 
 exempt from taxation, 124 
 
 physicians and keepers of, how appointed, • ■ • • 426 
 
 superintendents to erect and have the care of, 427 
 
 Pound, 
 
 standardof, 353, 354 
 
 Previous Question, 
 
 what is, •-• 79 
 
 Printers, 
 
 to publish laws, how elected, «... 55 
 
 compensation of, 56 
 
 Private Eoads, 
 
 labor done on, 241 
 
 Process, 
 
 liability of officer for not executing, 541 
 
 may be returned by mail, 541 
 
 civil, 
 
 service of, 320, 326 
 
 may not be served on Sunday, 339 
 
 criminal, 
 requisites and service of, 342, 346 
 
 Proclamation, 
 
 for silence while court is charging grand jury, 465 
 
 on calling petit jurors, 465 
 
 before imposing fines, 466 
 
 for jury in a civil cause, 467 
 
 for petit jury in case of felony, 470 
 
 for persons bound to answer, 471 
 
 for bail to produce . principal, 471 
 
 for discharge of person against whom no bills are found, • 472 
 
INDEX. 775 
 
 PAGE 
 
 for defendant on an inquest, 472 
 
 for plaintiff to appear and prosecute, 472 
 
 for adjournment, 472 
 
 on opening court after adjournntent, .-. „ 472 
 
 before sentence, , 472 
 
 calling jury in case of misdemeanor, 473 
 
 i Public Buildings, 
 
 when and how to be erected, 35 
 
 location of may be changed, 37 
 
 Public Administrator, 
 
 county treasurer to do the duties of, S07 
 
 proceedings as, 507 r 512 
 
 Published Proceedings, 
 
 to be exchanged by clerks of boards of supervisors, 68, 88 
 
 QUAKERS, 
 
 exempt from service as assessors, 122 
 
 RACING, 
 
 of animals, penalty for, 226 
 
 overseer of the poor to prosecute for, 226 
 
 Raffling, 
 
 penal ty for, 225 
 
 Railroads, 
 
 assessment of, 143, 144 
 
 commissioners may consent to the crossing of streets by, 236 
 
 form of consent, 657 
 
 Recognizances, 
 
 by disorderly persons, overseers of the poor to prosecute for breach of, 198 
 
 Records, 
 
 mode of keeping by county clerk, 476 
 
 Redemption of Lands, 
 
 sold for taxes, 576*585 
 
 Referees, 
 
 appeals to, from decision of oommissioners of highways, 252, 253 
 
 proceedings thereupon, 254, 255 
 
 Relatives, 
 
 to support paupers, 168, 169 
 
 Rents, 
 
 to be taxed, 43, 135 
 
 Residence, 
 
 of voters, 314,315, 316 
 
 Roads, 
 
 may be planked or gravelled, > .241 
 
 laying out, altering, or discontinuing, 243-256 
 
 private, 
 
 laying out of, 256,257,258 
 
 injuries to, • « * • • «64 
 
776 INDEX. 
 
 PAGE 
 
 Eod, 
 
 standard of, -. 354 
 
 SALES, 
 
 of lands belonging to counties, 34 
 
 of goods and chattels under execution) 
 
 notice of to be given, ZZ1, 537 
 
 form of notice, 707 
 
 manner of conducting, .- 332, 537 
 
 officer may not purcbase at, ; 332 
 
 property exempt from, 333-336 
 
 must be by vendue and by daylight, 539 
 
 .of real estate under execution, 
 
 n°t'«9 of, 53 8j 539 
 
 mode of conducting, 539 
 
 penalty for irregular, 539 
 
 purchases by officer void, 539 
 
 certificate of, its contents, 540 
 
 of goods and, chattels for taxes, 
 how made, 159, 160 
 
 of lands by commissioners of loans, 
 
 evidence of title to be given' to purohaser at, 392 
 
 when to be made, 398 
 
 rights acquired by purchaser at, t * . . . • 398 
 
 commissioners not to be interested in purchase at, » 400 
 
 when may be postponed, 400 
 
 how to be made where county is divided, 409 
 
 both commissioners must be present at, , 420 
 
 of non-resident lands for taxes, 
 
 when to be made, 571 
 
 notice of, to be given, 571 
 
 mode of conducting, 575 
 
 bids at, how paid, ■ 575 
 
 certificate of purchase at, 575, 576 
 
 cancellation of, 575, 587 
 
 invalid 537 
 
 expenses of, 588 
 
 affidavits of, 
 how recorded, 457 
 
 Salaries of Officers, 
 
 board of supervisors must allow, 16 
 
 School Districts, 
 
 claims against, * 40 
 
 non-resident taxes belonging to, 58 
 
 suits against, 59 
 
 town to be divided into, 276 
 
 description and number of, 276, 277 
 
 formation and alteration of, • 289 
 
 consolidated, 291, 292 
 
 School Houses, 
 
 exempt from taxation, 124 
 
index. 777 
 
 School Moneys, 
 
 duty of county treasurer with regard to, 505 
 
 apportionment of, how made, 277 280 
 
 School Tax, 
 
 board of supervisors to assess, 51 
 
 oounty treasurer to receive, 505 
 
 Scrapers, 
 
 to be used on highways, 234 
 
 Seal, 
 
 of the county j r . 
 
 of board of supervisors, *..... 69 
 
 Sealers of Weights and Measures, 
 
 [See County and Town Sealers.] 
 
 Searches, 
 
 to be made by clerks, 484-489 
 
 Search Warrants, 
 
 requisites of, 34g 
 
 Settlements, 
 
 how gained under poor laws, 174 175 
 
 decisions relative to, 175 177 
 
 in bastardy cases, 217 218 
 
 Sheep, 
 
 killed by dogs, how paid for, 54 
 
 Sheriff, 
 
 how chosen, 529 
 
 term of office, ' 529 
 
 ineligible to any other office, , 529 
 
 to hold office until successor is duly qualified, 529 
 
 oath of office to be taken within fifteen days, 530 
 
 bond to be given, 530 
 
 amount of security, 530 
 
 to be renewed each year, 530 
 
 resignation to be tendered to governor, 530 
 
 governor to supply vacancies in the office, 530 
 
 duty when superseded, • 531 
 
 what to be delivered to successor, 531 
 
 not to practice law, 531 
 
 under sheriff, 532 
 
 to execute office of sheriff in case of vacancy, 532 
 
 doputies, 532 
 
 do not continue in office in case of vacancy in office of sheriff, 532 
 
 have same power as under sheriff, 533 
 
 cannot transfer his general powers, • 533 
 
 sheriff to summon constables to attend courts, 533 
 
 to act as crier, 533 
 
 duty on receiving precept from district attorney for summoning jury, 533 
 
 to have custody of the jails, 534 
 
 to appoint keepers, 534 
 
 98 
 
778 INDEX. 
 
 PAGE 
 
 persona imprisoned in civil cases, 534. 
 
 where to keep his office, 534 
 
 to file notice in clerk's office, 534 
 
 office hours, 534 
 
 to be closed on fourth of July, 535 
 
 papers served on him, 535 
 
 duty respecting executions, 
 
 memorandum to be entered in register, 535 
 
 several executions against same defendant, 536 
 
 may levy on coin, bank bills, Ac, - 536 
 
 may levy on goods pledged, 536 
 
 on any goods and chattels not exempt, 536 
 
 what constitutes a levy, 536 
 
 notice of sale of personal property, 537 
 
 form of notice, 726 
 
 mode of sale, 537 
 
 requisites of an execution, 533 
 
 notice of sale of real estate, 538 
 
 how to be described, 539 
 
 sales of property to be at vendue and by daylight, 539 
 
 penalty for irregular sales, , 539 
 
 manner of conducting sale of real estate, 539 
 
 purchases by officer forbidden, 539 
 
 certificate of sale, its contents, 540 
 
 to be filed, <fcc, 540 
 
 executions against the person, 540 
 
 to give receipt for process, 540 
 
 to give copy of process when required, 540 
 
 liability for not executing process, 541 
 
 may return process by mail, 541 
 
 persons surrendered by their bail, 541 
 
 may call power of the county, 541 
 
 neglecting duty or conniving at escapes, 542 
 
 reports to secretary of state, 542 
 
 . drawing and summoning jurors, 543 
 
 jury before execution in case of insanity, 543 
 
 female convicts, - 544 
 
 sheriff's fees, 544- 548 
 
 Shows, 
 
 idle, penalty for exhibition of, 224 
 
 overseer of poor to sue for penalty, 224 
 
 Sick Persons, 
 
 how provided for, 367-371 
 
 Sidewalk?,, 
 
 how constructed, •••••• 265 
 
 State Tax, 
 
 amount of, how raised, 56 
 
 Standard "Weights and Measures, 
 
 what are, 353 
 
INDEX. 779 
 
 PAGE 
 
 Strays, 
 
 duty of supervisor in regard to, 7 
 
 Subpoenas, 
 
 how served, , 329 
 
 when county clerk may issue, 462 
 
 Summons, # 
 
 from justice's court, 
 
 requisites of, , 320 
 
 when and how to be served, , 321 
 
 return of, 321,322 
 
 snort, 322 
 
 Superintendent of Common Schools, 
 
 [See Town Superintendent of Common Schools.'} 
 Superintendents of the Poor, 
 
 supervisor or county treasurer ineligible, 421 
 
 three in each county, 42 1 
 
 may be but one, 421 
 
 majority may act, 421 
 
 when to be elected, 421 
 
 tenure of office, 422 
 
 classification, 422 
 
 vacancies, how filled, 422 
 
 filled temporarily, . . 422 
 
 bond to be executed, 422 
 
 must be approved, 423 
 
 where filed, 423 
 
 form of bond, 638 
 
 when to enter on their duties, 423 
 
 when to take oath of office and file bond, 423 
 
 supervisors to fix penalty, 423 
 
 county clerk to approve bond, 423 
 
 are a corporation, 423 
 
 when and where to meet, /.......- 423 
 
 general care of the poor, 424 
 
 to provide places for poor, 424 
 
 to make rules and regulations, 424 
 
 to employ keepers, 424 
 
 to purchase materials, &e.j 424 
 
 allowance for bringing paupers, 425 
 
 payment of such allowance, 425 
 
 to decide disputes respecting settlements, 425 
 
 form of subpoena to compel attendance of witnesses, 639 
 
 to direct and commence suits, 425 
 
 to draw on county treasurer, 426 
 
 to account to board of supervisors, 426 
 
 to pay over moneys, •_• 426 
 
 to appoint physician and keeper of poor house, 426 
 
 children to be taught, • 426 
 
 expense, by whom borne, 427 
 
780 INDEX. 
 
 i PAGE 
 
 count; poor house;, 427 
 
 superintendents of county poor houses, 427 
 
 moneys received by overseers, 428 
 
 poor to be a connty charge in certain counties, • 428 
 
 proceedings to determine settlement of pauper, 429 
 
 to determine who are county paupers, 429 
 
 proceedings where there are no poor houses 180, 181 
 
 relief to paupers in counties having poor houses, 181 
 
 expense of removal and temporary support, 430 
 
 how supported and when to be discharged, 430 
 
 county paupers where there are no poor houses, 184 
 
 expense of supporting county poor, how defrayed, 431 
 
 powers of county superintendents, 431 
 
 accounts for county paupers, how settled, 432 
 
 penalty for removing paupers, 189 
 
 proceedings to compel support of a pauper removed, 190 
 
 suits, when to be brought, 432 
 
 penalty on superintendents for neglect to render accounts, 433 
 
 payment over of penalties and their application, 433 
 
 support of idiots and lunatics, 433 
 
 annual reports to secretary of state, 434 
 
 penalty for neglect or false report, 434 
 
 one superintendent in Montgomery and Wayne counties, 435 
 
 supervisors in those counties to appoint keeper of poor house, 435 
 
 superintendents appointed by board of supervisors in Jefferson county, 435 
 
 powers of superintendents in Onondaga county, 435 
 
 lunatics may be sent to asylum, 436 
 
 expense thereof, and of lunatics 1 support, 436 
 
 powers of superintendents in respect to lunatics, 436 
 
 number of patients allowed to each county, 436 
 
 must be supported by county after six months, 437 
 
 what patients supported by counties, 437 
 
 expense of removing patients from asylum, how paid, 437 
 
 indigent persons not paupers, when to be admitted, 438, 439, 440 
 
 lunatic may be sent to poor house or asylum, 440 
 
 duty of superintendents in regard to bastards, 440 
 
 compromise in other counties, ■ 440 
 
 penalty for neglect of duty under bastardy act, 441 
 
 penalty on constables neglecting to deliver over bonds received by 
 
 them, 441 
 
 when superintendents may bind out infants, 441 
 
 actions by superintendents, 442 
 
 on contracts, Ac, with their predecessors, 442 
 
 when not to be held to bail, 442 
 
 when execution not to issue, 443 
 
 may sue as a corporation, 443 
 
 suing commissioners of excise, , 443 
 
 when liable for the services of a justice, 444 
 
 what accounts not bound to audit, ■ 441 
 
 when action will not lie, 444 
 
 compensation, 445 
 
INDEX. 781 
 
 PAGE 
 
 form for superintendent's decision as to settlement of a pauper, 639 
 
 notice that pauper will be supported at the expense of a town in a 
 
 county where the towns support their own poor, 640 
 
 form for decision after re-examining settlement of pauper on appli- 
 cation of overseers, 640 
 
 certificate that a person is a county pauper, on application of overseers 
 
 of a town, 641 
 
 notice to overseers that superintendents will examine into settlement 
 
 of paupers, 641 
 
 form for dcoision of board of county superintendents annulling the cer- 
 tificate, 642 
 
 decision as to the refusal of a superintendent to give the certificate. ... 642 
 order to pay expenses incurred by overseers previous to the removal 
 
 of a pauper, • 643 
 
 form for sanction of relief for pauper who cannot be removed to poor- 
 house, 643 
 
 notice of the improper removal of a pauper from another county, . . . 644 
 
 form for denial of removing paupers improperly, 644 
 
 indenture for binding out a ohild, 645 
 
 Supervisors, 
 
 who eligible, 1 
 
 cannot hold office of county treasurer, superintendent of the poor, 
 town superintendent of common schools, commissioner of deeds 
 
 or loans, . . , 1 
 
 how chosen, 1 
 
 penalty for refusing to serve, 1 
 
 may be appointed, 2 
 
 when office is vacant, 2 
 
 oath of office, 2 
 
 officer before whom taken must certify the same, 3 
 
 certificate must be filed, 3 
 
 form of oath, 593 
 
 to receive and disburse town moneys, 3 
 
 to sue for penalties, 3 
 
 must keep accounts, 3 
 
 form for keeping supervisor's hook 593 
 
 must account with justices and town clerk, 3 
 
 form of certificate of town clerk and justices, 594 
 
 to attend board of supervisors, 4 
 
 to cause survey to be made, ■ 4 
 
 surveys of non-resident lands, "5 
 
 to defend suits against his town, 5 
 
 may appoint firemen, 5 
 
 to receive surplus moneys, 5 
 
 to present overseers' lists to board of supervisors, 6 
 
 to present estimate of improvements on roads and bridges, 6 
 
 to report paupers, 6 
 
 form of report, 594 
 
 fire in woods, 1 
 
 to receive moneys resulting from sale of strays, 1 
 
 judgments against towns, 7 
 
782 INDEX. 
 
 PAGE 
 
 to pay judgment when in funds, 7 
 
 is a member of the board of town auditors, 8 
 
 to. make abstract of the names of persons who hare presented claims, ■ 8 
 
 town houses, 8 
 
 to prosecute town superintendents, 8 
 
 to prosecute trustees and collectors, .' . 9 
 
 security from superintendent of common schools, 9 
 
 form of notice requiring further security, , 595 
 
 to appoint town sealer of weights and measures, 10 
 
 rejected taxes, 10 
 
 list of persons to serve as jurors, 10 
 
 form of list, 596 
 
 to file duplicates, 11 
 
 grand jurors, 11 
 
 form of list, " 596 
 
 election districts, ' 12 
 
 form of notice of an election, 597 
 
 form dividing a new town into election districts, 597 
 
 form of supervisor's notice calling meeting to fill vacancy in office of 
 
 inspector of elections, 598 
 
 form of appointment of inspectors, 598 
 
 form for alteration of an election district, 598 
 
 to prosecute for violation of the law for the pretention of intemper- 
 ance, 12 
 
 some general recommendations, 12 
 
 mayor, aldermen, &c, of New-York, ex-officio supervisors, 15 
 
 to deliver military roll to board at their annual meeting, ]49 
 
 form of supervisor's certificate to accompany copies of entries in town 
 
 clerk's book, 594 
 
 Supervisors, Board of, 
 
 to meet annually, • 13 
 
 to fix time and place, ■ ■ • 13 
 
 to make orders respecting corporate property, 14 
 
 to audit accounts, 14 
 
 to levy taxes, • 14 
 
 majority constitute a quorum, 14 
 
 to set with open doors, 14 
 
 must elect chairman, 14 
 
 to appoint clerk, 15 
 
 court house and jail to be repaired, 15 
 
 compensation, 15 
 
 penalty for negleot of duty, 15 
 
 mayor, aldermen, <fcc, of New- York, ex-qfficio supervisors, 15 
 
 to provide for payment of jurors, 16 
 
 must allow salaries of officers, 16* 
 
 actions by and against, . • 16 
 
 to examine assessment rolls, ■ 17 
 
 lands of non-residents, • 18 
 
 tax, how set down, 18 
 
 when to strike corporations out of assessment roll, < 18 
 
INDEX. 783 
 
 PAGE 
 
 corrected assessment roll, < 1 9 
 
 warrant to be annexed to assessment roll, 19 
 
 form of warrant, 599 
 
 to notify county treasurer of the delivery of the assessment rolls, .... 20 
 
 when collector's warrant to be varied in cities, 20 
 
 to call meetings of assessors and collectors, 21 
 
 rejected taxes, 21 , 22 
 
 to report defaulting assessors and clerks, 23 
 
 list of overseers of highways, 23 
 
 execution not to issue against board, 23 
 
 equalization of assessments, 23 
 
 what are county charges by statute, 24, 25, 26 
 
 salary of county judge, 26 
 
 salary of surrogate, 26 
 
 officer discharging duties of judge and surrogate, 26 
 
 fees to be charged by county officers, 27 
 
 when board may be sued, .....< 27, 28 
 
 county charges defined, 29 
 
 mandamus, 29, 30, 31 
 
 charges of counsel defending poor persons accused of crime, 31 
 
 to provide courtrooms, ; 31 
 
 to alter the bounds and to erect new towns and file map, 32 
 
 notice to be posted and published, 33 
 
 to designate name of new town and appoint first meeting, 33 
 
 to purchase lands for the erection of poor houses, court bouses, i-c. , . 34 
 
 to determine the site of public buildings, 34 
 
 sale or leasing of lands,. ■ • • 34 
 
 to erect public buildings, 35 
 
 raising of money by tax, 35 
 
 to borrow money for county use, 35 
 
 to borrow money for town use, 35 
 
 collection of taxes, • 35 
 
 to make laws to destroy wild beasts, thistles, &c, 36 
 
 to make laws to protect game, 36 
 
 county officers to report, 36 
 
 location of public buildings may be changed, 37 
 
 every resolution to be signed and recorded, 37 
 
 securities to be given for loans, 38 
 
 allowance to supervisors for travel, &e., 38 
 
 special commissioners of highways, 38 
 
 duty in regard to deaf, dumb, and blind persons, 39 
 
 to publish accounts, 39 
 
 to publish laws, 40 
 
 claims against school districts, 40 
 
 to fix salary of county treasurer, 40 
 
 to examine securities held by him, 40 
 
 may fill vacancies, • '40 
 
 to appoint time for holding town meetings, 41 
 
 plank and turnpike roads, 41 
 
 to separate the office of county judge and surrogate, 41 
 
 to pay for guarding jails, 4 
 
784 INDEX. 
 
 PAGE 
 
 relief of poor in Livingston county, 42 
 
 may appoint superintendent of the poor in case of vacancy, 42 
 
 to levy military tax, , 42 
 
 idle and truant children, 43 
 
 juvenile delinquents, 43 
 
 removing convicts, 43 
 
 to tax rents, ■ 43 
 
 special meetings of the board, 44 
 
 not to allow accounts to be withdrawn, 44 
 
 unpaid taxes on lands of non-residents, how collected, 44 
 
 losses by default of collector, 45 
 
 to furnish maps, 45 
 
 to appoint county sealer of weights and measures, 45 
 
 must provide proper standards, 46 
 
 fees in criminal proceedings, by whom paid, 46 
 
 accounts, how and when to be audited, 47 
 
 bridges, 47 
 
 to raise money to repair highways, Ac., 48 
 
 accounts in county of Rensselaer, 49 
 
 accounts with county treasurer under poor laws, 49 
 
 statement by superintendents of the poor, . ■ 49 
 
 to be laid before supervisors, 50 
 
 expense of supporting county poor, how defrayed, 50 
 
 to assess school tax, 51 
 
 board of county canvassers, 51 
 
 lists of grand jurors, 52 
 
 who to be placed on list, 52 
 
 who to be omitted 52 
 
 contents of lists &c, 53 
 
 increasing number of jurors, 53 
 
 qualification of jurors, 54 
 
 sheep killed by dogs, 54 
 
 accounts audited by town auditors, 54 
 
 compensation of census marshals, 55 
 
 mode of electing printer and publishing laws, 55 
 
 state tax, 56 
 
 duty in regard to indigent insane persons, 57 
 
 may fix the number of superintendents of the poor, 5? 
 
 coroner's accounts, 58 
 
 additional security from ccmmissioners of loans, 58 
 
 commissioners to exhibit their books and securities, 58 
 
 non-resident taxes belonging to school districts 58 
 
 suits against school districts, 59 
 
 persons paying costs to present an account verified by oath, 60 
 
 payment when to be ordered, 60 
 
 mode 0/ procedure as a hoard, 
 
 roll to be called, 72 
 
 contested seats, 72 
 
 to elect chairman and clerk, • 73 
 
 to adopt code of rules, 73 
 
 rules recommended, ..-•.. 74 
 
INDEX. 785 
 
 PAGE 
 
 minutes of preceding day to be read, " 74 
 
 order of business, ' 74 
 
 standing committees, 75 
 
 priority of business, » , 76 
 
 chairman to preserve order, , 76 
 
 vote of chairman, , 76 
 
 order of speaking 76 
 
 order and silence to be observed, 76, 77 
 
 members to speak but once, 77 
 
 calls to order, 77 
 
 members to vote, 77 
 
 manner of presenting petitions, 77 
 
 motions and resolutions, 77 
 
 withdrawal of motions, 78 
 
 division of questions, 78 
 
 filling blanks, 78 
 
 motions when receivable, 78 
 
 laying a question upon the table, 78 
 
 previous question, 79 
 
 adjournment, 79 
 
 entries on minutes, • 79 
 
 ayes and noes, 80 
 
 committee of the whole, 80 
 
 rules for that committee, 80 
 
 rising and reporting progress, • 80 
 
 motions to reconsider, 80 
 
 altering rules, 81 
 
 special orders, • 81 
 
 excuse from voting, 81 
 
 duties of standing committees, 
 
 committee to audit accounts, 82, 83, 84 
 
 sheriff's accounts, 84 
 
 justices' accounts, *" " °5 
 
 constable's compensation, 85 
 
 discretionary allowanoe to constables, 85, 86 
 
 report of the committee, 86 
 
 form of report, 609 
 
 committee to foot rolls, 87 
 
 committee to equalize valuation, 87 
 
 committee to settle with treasurer, judicial officers, superintendents 
 
 of poor, and commissioner of loans, 87 
 
 committee on miscellaneous aooounts, 87 
 
 committee on rejected taxes, 87 
 
 resolution respecting accounts to be published, 88 
 
 Swamps, 
 
 justice's duty in regard to draining of, •• 116 
 
 Surrogates, 
 
 salary of, how paid, 26 
 
 Surveys, 
 
 supervisor to cause to be made, * 
 
 99 
 
786 INDEX. 
 
 PAGE 
 
 TAVERNS, 
 
 lioenses to keep, how granted, • 558 
 
 keeping up sign without license, 558 
 
 bond to be given by applicant for license, 559 
 
 Taxes,' 
 
 assessment and collection of, 
 
 [See Assessors and Collectors.'] 
 
 on lands of non-residents, 
 
 [See Lands of Non-Residents.] 
 Teachers, 
 
 who deemed qualified, 281 
 
 duty of superintendents with regard to, 288 
 
 Teams, 
 
 to be furnished to work on highways, 269 
 
 TlMBEK, 
 
 floating, '• 93, 94 
 
 Toll Bridges, 
 
 how assessed, • 127 
 
 Toll Gates, 
 
 when location of may be changed, 23S 
 
 Town Auditors, 
 
 [See Auditors.] 
 
 Town Charges, 
 
 what are deemed, 363 
 
 Town Clerk, 
 how elected or appointed, 
 
 by ballot, 88 
 
 by warrant of three justices, 89 
 
 who eligible, •. 89 
 
 to. take and file oath, 89 
 
 form of oath, 593 
 
 penalty for not serving, 89 
 
 powers and duties, 
 
 custody of books and papers of town, 89 
 
 to keep minutes of town meeting, 89 
 
 to deliver to board of supervisors copies of entries of votes, 89 
 
 to return names of constables to county clerk, • • ■ • 90 
 
 penalty for neglect, 90 
 
 certified copies of papers evidence, 90 
 
 to give supervisors names of assessors and collectors, 90 
 
 is clerk of town meeting, 91 
 
 to notify persons of their election, 91 
 
 to give notice to clerk of board of supervisors of the eleotion of a 
 
 supervisor, • 91 
 
 to notify county clerk of eleotion of justices of the peace, 92 
 
 to meet with town auditors, • 92 
 
INDEX. 787 
 
 PAGE 
 
 to enter and preserve accounts audited by them, 92 
 
 to deliver all books and papers to successor, 92 
 
 to read notices of applications to alter towns, 93 
 
 floating timber, 93, 94 
 
 to file orders of highway commissioners, 94 
 
 classifying justices in new towns, 95 
 
 to record resolutions raising money, 95 
 
 to give notice of special town meeting, 96 
 
 when to call same, 96 
 
 to demand and receive boots and papers of justices of the peace, .... 96 
 
 to give notice of reception of lists of lands sold for taxes, 97 
 
 to administer oaths to town officers, 97 
 
 to draw jury to re-assess road damages, 97 
 
 compensation therefor, 97 
 
 to file and enter chattel mortgages, 98 
 
 compensation for same, 98 
 
 not to allow chattel mortgages to be taken from files, 99 
 
 fees, 99 
 
 to deliver overseers' lists to highway commissioners, 100 
 
 to file orders discontinuing highways, and appointing referees, 100 
 
 to file certificate of encroachment, 101 
 
 town houses, 101 
 
 member of board of town auditors, 101 
 
 marriage certificates, 101, 102 
 
 to record births, marriages and deaths, 102 
 
 to keep papers &c. of town superintendent, 102 
 
 liabilities, and remarks thereon, 103, 104, 105 
 
 Town Houses, 
 
 who to have custody of, "8, 101, 118 
 
 copies of resolutions respecting, 69 
 
 when and how to be built, 119 
 
 Town Meetings, 
 
 time for holding, how appointed, 41 
 
 minutes of, how kept, • 89 
 
 clerk of, 91 
 
 special, notice to be given, 96 
 
 when to be called, 96 
 
 justices of the peace to preside at, . • 112 
 
 accounts of overseers of the poor to be presented at, 186 
 
 Town Officers, 
 
 justices of the peace to appoint certain in case of vacanoies, 112, 114 
 
 form for warrant of appointment of, 610 
 
 justices may accept resignation of, 114 
 
 Town Poor, 
 
 expenses of supporting, how defrayed, 187 
 
 Town Sealer, 
 
 how appointed, 352 
 
 duties of, 352 
 
788 INDEX. 
 
 PAGE 
 
 Town Superintendent of Common Schools, 
 
 elected at the annual town meeting, 275 
 
 term of office two years, .' 275 
 
 ineligible to the office of supervisor or town clerk, 275 
 
 to execute a bond, 276 
 
 form of bond, . - 610 
 
 omission to file bond, 276 
 
 to divide town into school districts, 276 
 
 to describe and number same, 276, 277 
 
 to set off a neighborhood by itself, 276 
 
 to deliver description of same to town clerk, 277 
 
 to receive school moneys, . ■ 277 
 
 apportionment of school moneys, 277-280 
 
 to sue for penalties, 280 
 
 when to withhold moneys, 280 
 
 teachers' and library money to be designated, • • • 281 
 
 when moneys cannot be apportioned, 281 
 
 who deemed a qualified teacher, .. 281 
 
 apportionments to be ordered in case of omission, 282 
 
 moneys remaining in hands of superintendent, 283 
 
 money on hand for two years to be returned, 283 
 
 yearly report to county clerk, 283, 284 
 
 penalty for neglect to furnish same, 285 
 
 to keep accounts, 285 
 
 to give same to successors, 286 
 
 must pay balance, 286 
 
 if appropriated to be paid accordingly, 286 
 
 successors to prosecute, 286 
 
 has the powers of a corporation, 287 
 
 compensation, 287 
 
 to administer oaths, 287 
 
 term of office when appointed, 287 
 
 removal, 287 
 
 inspector of common schools, 288 
 
 duty as to teachers, 288, 289 
 
 form of certificate to be given, 692 
 
 form annulling certificate, 692 
 
 to visit schools, 289 . 
 
 must examine Ac, ; 289 
 
 formation and alteration of districts, 289 
 
 form altering a district, 692 
 
 who may form and regulate joint districts, 290 
 
 when alterations to take effect, • 290 
 
 joint meeting of superintendents, 290 
 
 moneys belonging to districts that are annulled, 291 
 
 when districts consent to an alteration it takes effect immediately, . . 291 
 
 consolidated districts, 291 
 
 formation of districts, • • • • 292 
 
 may consent to the levying of taxes, 292 
 
 may order special school meetings, 292 
 
INDEX. 789 
 
 PAGE 
 
 form of resolution creating new district, 693 
 
 form of notice to trustees not giving their consent to an alteration of 
 
 their distrust, 694 
 
 notice of first meeting in a district to organize, 694 
 
 Transcripts, 
 
 of judgments, how filed and docketed, 451 
 
 Treasurer, 
 
 [See County Treasurer.] 
 
 Trees, 
 
 falling into road or river, 260 
 
 standing on highways, 263 
 
 penalty for injuring, 263 
 
 Trespass, 
 
 cannot be maintained for levy on account of over valuation of assess- 
 ment, 126 
 
 Trustees, 
 
 of school districts, when to be prosecuted, 9 
 
 persons assessed as, 129 
 
 Turnpikes, 
 
 inspectors of, .' 41 
 
 damages by building of, how agreed upon, 235 
 
 UNDER SHERIFF, 
 
 how appointed, 532 
 
 powers and duties, 532 
 
 VACANCIES, 
 
 in office of supervisor, 2 
 
 in office of justice of the peace, Ill 
 
 of collector, 154 
 
 of commissioners of highways, 230 
 
 of town superintendent, 276, 287 
 
 of constable, 320 
 
 of superintendents of the poor, 420 
 
 of county clerk, 451 
 
 of county treasurer, 496 
 
 of sheriff, 530 
 
 Venire, 
 issued by justice, 
 
 what to contain, 326 
 
 what constables may not serve, 326 
 
 how executed and returned, - 326, 327 
 
 Verdict, ' 
 
 reception of incaseof felony, 473 
 
 in civil actions, *< 4 
 
 form for keeping minutes of, •. 475 
 
 Voire Dire, 
 
 form of, * 68 
 
 Voters, 
 
 who are, 
 
 [See Inspectors of Election.] 
 
790 INDEX. 
 
 PAGE 
 
 WARRANT, 
 
 in civil actions, 
 
 requisites of, 322 
 
 how served, 322 
 
 return of, 323 
 
 detention of defendant upon, 323 
 
 criminal, 
 
 requisites of, 342 
 
 service of, -. 343, 344, 345 
 
 return of, 345 
 
 search, 
 
 what must specify, 346 
 
 of collector, 
 
 what to contain, - 155, 156 
 
 to be annexed to asssessment roll,.:. 19 
 
 duty of clerk of board of supervisors with regard to, 69 
 
 form of, 599 
 
 Weights and Measures, 
 
 standards of, .■ 353, 354, 355 
 
 standards to be marked, 357 
 
 penalty for using false, 359 
 
 Wills, 
 
 how recorded, 487 
 
 Women, 
 
 not to be imprisoned on execution from justice's court, 332 
 
 married, 
 
 how to acknowledge deeds, 456 
 
 pregnant, 
 
 under sentence of death, execution of, how suspended, 544 
 
 Woods, 
 
 on fire, how extinguished, 7, 115, 238 
 
 Wrecks, 
 
 duty of coroner with regard to, ( 519 
 
 what will be deemed, 520 
 
 YARD, 
 
 standard of, 354 
 
INDEX TO THE FORMS. 
 
 PAGE 
 
 Constitutional oath, - 593 
 
 Form for keeping supervisor's book, 593 
 
 Certificate of the town clerk and justices of the peace on examination of the 
 
 supervisor's accounts, to be entered in his book, 594 
 
 Supervisor's certificate to accompany copies of entries in town clerk's book, . . 594 
 
 Report of the supervisor of a town where all the poor are not a county charge, 594 
 
 Notice to town superintendent of common schools to give additional security, . 595 
 
 List of jurors, 596 
 
 List of grand jurors, 596 
 
 Notice of an election, . . . . : 597 
 
 Division of a new town into election districts, 597 
 
 Supervisor's notice calling meeting to fill vacancy in the office of inspector of 
 
 elections, 598 
 
 Appointment of an inspector of elections, 598 
 
 Alteration of an election district, ■ • 598 
 
 Collector's warrant, . '• 599 
 
 Abstract of accounts, 602 
 
 Abstract of town accounts presented and allowed by the board of town audi- 
 tors, 603 
 
 Statement to be made by the clerk of board of supervisors, relating to the 
 
 services of the board, 604 
 
 Equalization table, 605 
 
 Statistical table, 606 
 
 General abstract or statistical table, 607 
 
 Report of board of supervisors to comptroller concerning commissioners of 
 
 loans, fi 08 
 
 Certificate to be annexed to the published proceedings of the board of super- 
 visors by their clerk, ' 608 
 
 Report of a committee to the board of supervisors, 609 
 
 Report of a committee to the board relating to commissioners of loans, 609 
 
 Warrant appointing town superintendent, 610 
 
 Town superintendent's bond, 610 
 
 Assessment roll, • • 811 
 
 Notice of completion of assessment, • 612 
 
 Collector's bond, ■ 612 
 
 Collector's affidavit of non-payment of taxes by an incorporated oompany, . . 613 
 
 Collector's summons to appraisers, 613 
 
 Oath of appraisers, ( - 613 
 
 Inventory, 
 
 Certificate of appraisers to be endorsed on the inventory, 614 
 
 Collector's afifidavit of goods and chattels distrained, 614 
 
 Notice oflevy and sale by collector, • 614 
 
 Aflidavit that notice of sale has been given, 615 
 
 Application to compel a person to support a poor relative, 615 
 
792 INDEX. 
 
 PAGE 
 
 Notice to relatives of application to court, 615 
 
 Affidavit of service of notice and application, 616 
 
 Notice of seizure of property, •> • 616 
 
 Bond to be given to the overseers of the poor, 616 
 
 Notice from one town to another requiring the overseers of the town in which 
 
 the pauper has a residence to provide for his support, 617 
 
 Notice of intention to contest settlement, CIS 
 
 Order of the overseers of a town to remove a poor person to the county poor 
 
 house, . - 618 
 
 Order for a pauper's relief where no county poor house or other place has been 
 
 provided for the reception of the poor, 619 
 
 Notice of overseers of a town to a superintendent, 619 
 
 Overseer's account,. '. 620 
 
 Affidavit of service of notice on superintendent, 621 
 
 Form of indenture for binding out a child by overseers of the poor with con- 
 sent of justices, 621 
 
 Designation of drunkard and notice to tavern keepers, &c, 622 
 
 Revocation by overseers when a drunkard reforms, 622 
 
 Application of the superintendents or overseers of the poor, relative to a bas- 
 tard, 623 
 
 Form of examination before birth, 623 
 
 Examination after birth, 623 
 
 Notice by superintendent or overseer, that application will be made to the 
 
 sessions to increase the amount payable in the order of filiation, 624 
 
 Notice to be given to superintendent or overseer for reducing amount in order 
 
 of filiation, 624 
 
 Warrant to seize the goods of an absconding father, husband or mother, .... 624 
 
 Order to discharge the warrant and to restore property, 625 
 
 Justice's order for a pauper who requires temporary relief, &c, 626 
 
 Warrant to commit child to county poor house, 626 
 
 Warrant to confine a lunatic, 627 
 
 Notice to overseers of an habitual drunkard, 627 
 
 Warrant to apprehend reputed father, 627 
 
 Bond on arrest in foreign county, 629 
 
 Subpoena in such case, 629 
 
 Bond on adjournment before justioes who issued warrant 630 
 
 Order of filiation, 630 
 
 Bond under order of filiation, 631 
 
 Warrant to commit putative father, 632 
 
 Order of filiation in the absence of the reputed father, apprehended in a foreign 
 
 county, 633 
 
 Warrant to commit mother who refuses to disclose the name of the father, . . 634 
 
 Summons where mother has property, 634 
 
 Order to compel mother to pay for the support of the child, 635 
 
 Warrant to commit for not executing bond, 636 
 
 Process to compel mother's attendance, .^. 636 
 
 Warrant to seize property of absconding father or mother of bastard, 637 
 
 Order reducing sum to be paid by father or mother, 637 
 
 Notice of appeal respecting order of filiation, 638 
 
 Bond of superintendents of the poor, 638 
 
 Subpoena to compel attendance of witnesses before superintendents, 639 
 
INDEX. 793 
 
 PAGE 
 
 Superintendent's decision as to settlement of a pauper, 639 
 
 Superintendent's notice that pauper will be supported at the expense of a town 
 
 in a county where towns support their own poor, 640 
 
 Decision of superintendents after re-examining settlement of pauper, on ap- 
 plication of overseers, 640 
 
 Certificate of a superintendent that a person is a county pauper, on applica- 
 tion of overseers of a town, 641 
 
 Notice to overseers that superintendents will examine into settlement of pau- 
 pers, : 641 
 
 Decision of the hoard of county superintendents annulling the certificate,. . . 642 
 Decision by board of county superintendents, as to the refusal of a superin- 
 tendent to give the certificate, 642 
 
 Superintendent's order to pay expenses incurred by overseers previous to the 
 
 removal of a pauper, 643 
 
 Superintendent's sanction of relief for pauper who cannot be removed to poor 
 
 house, 643 
 
 Notice of the improper removal of a pauper from another county, 644 
 
 Superintendent's denial of removing paupers improperly, 644 
 
 Indenture for binding out a child by superintendents of the poor, '. 645 
 
 Acknowledgment of a deed by a grantor known to the officer, 646 
 
 by a grantor identified by a witness, 646 
 
 by husband and wife known to the officer, 646 
 
 by husband and wife, both identified by a witness, 647 
 
 by husband and wife, husband known and wife identified, 647 
 
 by four persons, two known and two identified, 648 
 
 by a person conveying by virtue of power of attorney 648 
 
 by a deputy sheriff of a deed executed by him in the name of the sheriff, . 649 
 
 Proof of a deed by a subscribing witness known to the officer, 649 
 
 by subscribing witness not known to the officer but identified by another 
 
 witness, 649 
 
 by subscribing witness of the execution of a deed by husband and wife re- 
 siding out of the State, the subscribing witness known to the officer, . . . 650 
 
 by subscribing witness identified, 650 
 
 Proof as to husband by subscribing witness and acknowledgment by wife, wife 
 
 and witness both known to officer, 651 
 
 Same, except that wife and subscribing witness are both identified by another 
 
 witness, 651 
 
 Proof of a deed executed by an incorporated company, ' 652 
 
 Certificate of proof of the execution of a conveyance when subscribing wit- 
 nesses are dead, 652 
 
 Order dividing a town into road districts, 653 
 
 Appointment of overseer by warrant of commissioners where a vacancy oc- 
 curs, 654 
 
 Overseer's list of persons in his district liable to highway labor, 655 
 
 List and statement of non-resident lands by commissioners, 655 
 
 List of assessment of highway labor, 655 
 
 Additional assessment by an overseer, 656 
 
 Agreement releasing right of way by commissioners and supervisor, 657 
 
 Consent for railroad to cross a highway, 657 
 
 Notice by orerseer as to non-resident lands, , 657 
 
 100 
 
794 INDEX. 
 
 PAGE 
 Complaint by an overseer to a justice against a person notified, for refusing to 
 
 work, Ac, 658 
 
 Complaint for neglecting to furnish a team, 65S 
 
 Summons to be issued by the justice upon the complaint of an overseer, 659 
 
 List of the lands of non-residents and of persons unknown, on which the labor 
 
 assessed is unpaid, 659 
 
 Affidavit to be affixed to list, 660 
 
 Annual account of an overseer of highways, 660 
 
 Annual account of commissioners of highways to town auditors, 661 
 
 Statement and estimate to be delivered by commissioners to supervisors, 662 
 
 Complaint to the commissioners of highways against an overseer for neglect 
 
 of duty, 662 
 
 Security to be given by complainant to commissioners to indemnify them 
 
 against the costs in prosecuting the complaint against overseer, 662 
 
 Application to commissioners to lay out a new road through unimproved land, 
 
 or through improved land with the consent of the owner, 663 
 
 Order of commissioners to lay out a highway through lands not improved, en- 
 closed or cultivated, excepting in part, and by the consent of the owner of 
 
 that part, 663 
 
 Application to alter a road, where the alteration passes through lands not im- 
 proved, &o., 664 
 
 Order of commission! rs to alter a highway, 664 
 
 Application to lay out a highway through improved land without the consent 
 
 of the owner, 665 
 
 Notice of the application and of the meeting of freeholders, when the intended 
 
 highway is through improved or cultivated lands, * . . 665 
 
 Affidavit of affixing notice of application, 666 
 
 Oath of freeholders, 666 
 
 Certificate of freeholders, with copy notice and the affidavit of posting at- 
 tached, 666 
 
 Notice to be given by the commissioners to the occupant of land through 
 
 which the road is to run, •• 667 
 
 Certificate by the commissioners of laying out a road through improved land,. 667 
 
 Order refusing to lay out or alter a highway, 668 
 
 Agreement as to damages, 669 
 
 Release of damages by owner of land, 669 
 
 Order ascertaining and describing an old highway, 669 
 
 Appeal to county judge from determination of commissioners, 670 
 
 Appointment of referees by county judge to hear appeal, 671 
 
 Notice to referees of their appointment, 671 
 
 Notice to commissioners to be given by referees, 671 
 
 Referee's subpoena on an appeal, 672 
 
 Decision of referees upon an order respecting the altering or discontinuing a 
 
 road, 672 
 
 Decision of the referees on an order refusing to lay out a road, ,673 
 
 Order of commissioners after a decision by referees reversing a former order 
 
 in part, 673 
 
 Order of commissioners after a final deoision when they had originally refused 
 
 to alter, discontinue, or lay out a road, 674 
 
 Application by commissioner of highways to the county court to appoint com- 
 missioners to assess damages, 674 
 
INDEX. 795 
 
 Appointment of commissioners, 6 75 
 
 Notice to the commissioners of their appointment, 675 
 
 Oath of commissioners to assess damages, 676 
 
 Assessment of damages by commissioners, ' 676 
 
 Notice of re-assessment "by a jury, 6 76 
 
 Notice to town clerk of adjoining town to draw a jury, .'.'.'.' .' .' .' .' .' .' .'.'.' 677 
 
 Justice's summons for a jury, g77 
 
 Certificate of the drawing of the jury, 678 
 
 Verdict of the jury re-assessing damages, 678 
 
 Certificate of justice to the verdict of jury, 679 
 
 Order ascertaining and describing an old highway, 679 
 
 Determination upon a subject of disagreement between the commissioners of 
 
 two towns relating to a road extending into both their towns, 680 
 
 Order of commissioners for laying oat a highway on the line between two 
 
 t0 . wns > 680 
 
 Notice to the town clerk of application for a private road, 681 
 
 Notice to persons interested that a jury will be drawn, 682 
 
 Certificate of the drawing of the jury for a private road, 682 
 
 Justice's summons to summon jury to determine the propriety of laying out a 
 
 private road, gg, 
 
 Verdict of the jury, , 683 
 
 Certificate of the justice to the verdict, 683 
 
 Order for laying out a private road, 684 
 
 Application for discontinuance of an old road, 684 
 
 Oath of freeholders upon application, 685 
 
 Certificate of freeholders, ;.. 685 
 
 Order of commissioners for discontinuing a road, 685 
 
 Notice to occupant of land to remove his fences, 686 
 
 Order of commissioners to remove fences in case of an encroachment on the 
 
 highway, '. 686 
 
 Notice to occupant to remove encroachment, 687 
 
 Precept to summon a jury to inquire into encroachment, 687 
 
 Juror's oath on inquiry concerning encroachment, 688 
 
 Oath to witness, 688 
 
 Verdiat of the jury, 688 
 
 Warrant to collect the costs of an inquiry concerning an encroachment, 689 
 
 Marriage certificate, „ 690 
 
 Collector's notice, 690 
 
 Commissioner's bond, 690 
 
 Notice of resignation of commissioner, 691 
 
 Notice of application for additional appropriation of money for highway pur- 
 poses, : 691 
 
 Notice from the sheriff to the supervisor, or to an assessor of each town or 
 
 ward in his county, 691 
 
 Certificate to be given to a teacher by town superintendent, 692 
 
 Instrument annulling teacher's certificate, 692 
 
 Form of resolution for the alteration of a district, 692 
 
 Form of resolution creating a new district, 693 
 
 Notice to trustees not giving their consent to an alteration of their district, , . 694 
 
 Notice of first meeting in a district to organize, ••••••. ••• 694 
 
 Oath to be administered by inspectors of election to a person challenged, .... 695 
 
196 
 
 INDEX. 
 
 Precept to be issued by inspectors for the arrest of a person guilty of disor- 
 derly conduct, : 695 
 
 Precept to be issued for the arrest of a person who refuses to obey commands 
 
 of the inspectors, 696 
 
 Form of poll lists to be kept by clerks of the election, 696 
 
 Certificate of canvass of votes for electors of president and vice-president, . . 697 
 
 Certificate of canvass for governor, 697 
 
 Certificate of canvass for judicial officers, 698 
 
 Statement by board of county canvassers, 698 
 
 Statement in relation to county officers, 699 
 
 Certificate of the election of county officers, 700 
 
 Statement in relation to members of assembly, 700 
 
 Certificate of the election of members of assembly, 701 
 
 Form of notice to be published by the sheriff, 701 
 
 Appointment of a minority inspector for each district, 701 
 
 Appointment of inspectors to supply vacancies, 702 
 
 Appointment of inspectors to form a board where majority not present on 
 
 day of election, 702 
 
 Proclamation of the opening of the poll, 703 
 
 Proclamation on closing the poll, 703 
 
 Bond to be given by constable and his sureties, 703 
 
 Constable's return upon a summons, • 703 
 
 Bond to prevent removal of goods attached, 704 
 
 Bond by claimant of property attached, 704 
 
 Inventory, 705 
 
 Return to attachment, 705 
 
 Return of venire, 706 
 
 Bond of indemnity, 706 
 
 Notice of constable's sale, • • . 707 
 
 Return of the execution unsatisfied, 707 
 
 Return of the execution, defendant committed, 707 
 
 Receipt for goods taken on execution, 707 
 
 Form for constable's accounts, 708 
 
 Affidavit of correctness, 709 
 
 Form for entering judgment on failure to answer, 709 
 
 Order for judgment on confession, 709 
 
 Subpoena, % 710 
 
 Subpoena ticket, 710 
 
 Transcript of judgment, 710 
 
 Certificate of the authenticity of acknowledgment, 712 
 
 Execution, 712 
 
 Juror's certificate, • 713 
 
 Declaration of intention to file naturalization, 713 
 
 Copy to deliver, 713 
 
 Certificate to deliver, 714 
 
 Oath of witnesses, 714 
 
 Oath of party, 714 
 
 Certificate of citizenship, 715 
 
 County treasurer's account to be transmitted to the comptroller, 716 
 
 Summons for coroner's jury, 717 
 
 Inquisition by drowning, 717 
 
INDEX. 977 
 
 PAGE 
 
 Inquisition by hanging, 718 
 
 Inquisition by poisoning, 718 
 
 Inquisition by cutting his throat, 719 
 
 Inquisition by shooting, 719 
 
 Warrant to bury without view, 719 
 
 Warrant to bury a' suicide after inquisition, '. . . . 720 
 
 Warrant to apprehend a person for murder, 720 
 
 Warrant of commitment, 721 
 
 Bond from an under sheriff or deputy to the sheriff, 721 
 
 Jailor's bond, 72a 
 
 Bond of indemnity to sheriff for payment of money, 723 
 
 Sheriff's certificate of the sale of real estate, 724 
 
 Sheriff's deed to the purchaser 725 
 
 Notice of sale of real estate by sheriff, 726 
 
 Return of service of summons and complaint, 727 
 
 Return of nulla bona to execution, 727 
 
ERRATA 
 
 Page 83> bottom line; for "expediency," read "expediting." 
 " 223, line 17; for "officer," read "office." 
 " 478, line 3; for "names," read "name." 
 " 484, line 6; for "experiences," read "experience." 
 " 834, line 3; for "setting," read "sitting." 
 " 676, line 12; for "No. 115," read "No. 155." 
 
PUBLISHED BY 
 
 "W. O. LITTLE cSc CO., 
 LAW BOOKSELLERS AND PUBLISHERS, 
 
 No. 53 State Street, Jlbani/, N. Y. 
 
 ~L. 
 
 A Treatise on the Powers and Duties other than judi- 
 cial, of Town and County Officers in the State of New-York, 
 containing copious references to the Statutes, and the leading 
 and latest Judicial Decisions ; with an Appendix of Precedents 
 designed for the use of those Officers and the Legal Profession. 
 By Amos G-. Hull, Counsellor at Law. 
 
 Extract from the Preface. 
 
 " The purpose of this work is to furnish to a large class of pub- 
 lic officers in each town and county in the State of New-York, a 
 concise epitome of their powers and duties (other than judicial), as 
 the same are laid down in the voluminous and scattered statutory 
 enactments, and numerous judicial decisions relating thereto." 
 
 TESTIMONIALS. 
 
 OP THE PRESS, JUSTICES OF THE "VARIOUS COURTS, AND DISTIN- 
 GUISHED MEMBERS OF THE BAR THROUGHOUT THE STATE. 
 
 From Hon. Thomas A. Johnson and Hon. Henry Welles, Justices of the Supreme Court. 
 
 Rochester, Sept. 8, 1855. 
 A. G. Hull, Esq. 
 
 Dear Sir: We have examined hastily, but with much interest, 
 the proof-sheets of your forth-coming " Treatise on the Powers and 
 Duties (other than judicial) of Town and County Officers in the 
 State of New- York." The plan of the work, and the arrangement 
 of the several topics which it embraces are apt and skillful, and 
 the directions to each class of officers, fortified as they are by re- 
 ferences to all the decisions of our courts bearing upon the subject, 
 evince care and research worthy of all commendation. In a work 
 of this kind, clearness, orderly arrangement and accuracy are car- 
 dinal merits; and these, we think, you have combined in a degree 
 
11 TESTIMONIALS. 
 
 which must render it a standard work in every town and county of 
 our State. We know, of no work which is more needed than this. 
 It will, we trust, supply a want which has long been seriously felt 
 by all persons who are at all acquainted with the workings of that 
 important portion of. our system of government the administration 
 of which belongs to Town and County Officers. If the work shall 
 prove, as we trust it may, a safe, judicious and enlighened guide 
 to that class of- officers, in the discharge of their responsible and 
 often most difficult and delicate trusts and duties, you will have 
 rendered the State an essential and enduring service, and become, 
 in the highest sense, its benefactor. We most cordially commend 
 the work, not only to those officers for whose guidance it is more 
 especially designed, but to business men generally, and to the pro- 
 fession, who will find it a valuable accession to their libraries. 
 With great respect, we remain, 
 
 Your obed't serv'ts, 
 
 T. A. JOHNSON, 
 HENRY WELLES. 
 
 From Hon. William F. Allen, Justice of the Supreme Court. 
 
 Oswego, Sept. 3, 1855. 
 Amos G. Hull, Esq. 
 
 Dear Sir: A work of the character of your " Treatise on the 
 Powers and Duties (other than judicial) of Town and County Of- 
 ficers," is greatly needed, not only by the officers whose duties are 
 treated of, and for whose immediate benefit the work is designed, 
 but also by the legal 'profession, whose labors will be greatly less- 
 ened by a reliable work in which the laws and legal decisions re- 
 lating to the powers and duties of the municipal officers named are 
 faithfully collated. 
 
 The plan and general outline of the book seem to be well cal- 
 culated to accomplish the desired object. From the cursory ex- 
 amination which I have been able to give the proof-sheets sub- 
 mitted to me, I am happy to say that you have, in my opinion, 
 been very successful in the execution of the work, and that it will 
 meet the wants of the public, and I commend it to; all who have 
 occasion to become familiar with the duties of Town and County 
 Officers in the State. r <•. ,-. 
 
 Very respectfully yours, 
 
 W. F. ALLE1N. v 
 
TESTIMONIALS. in 
 
 From Hon, W. J. Bacon, Juslioe of Ihe Supreme Court 
 
 Utica, Sept. 12, 1855. 
 ' It gives me great pleasure to concur with Judge Allen, in his 
 estimate' of the value and importance of the proposed work of Mr. 
 Hull, and from a necessarily hasty glance of the titles of the chap- 
 ters, and the few pages of the proof-sheets which have been sub- 
 mitted to me, it seems to me the work is judiciously arranged, and 
 the plan fully and faithfully carried out. 
 
 WM. J. BACON. 
 
 From Hon. George Humphreys, Judge, &c. 
 
 Auburn,' Sept. 8, 1855. 
 A. G. Hull, Esq. 
 
 My Dear Sir: — I have examined with some care the proof- 
 sheets of your work on "The Powers and Duties of Town and 
 County Officers (other than judicial)." With the subject matter, 
 and general plan, I am much pleased, and believe this work to be 
 very much needed at this time, and particularly ou account of the 
 many changes made by recent legislative enactments relating to the 
 duties of those officers. A mere collection of the different statutes 
 in relation to these officers would be of, great public use ; but you 
 have gone far beyond this. You have gleaned in addition, from 
 volumes of elementary works and reports, that would make a small 
 library, general principles and adjudications as to the most difficult 
 questions that may arise in the discharge of their official duties, 
 and, what I would regurd as a great merit, you have given such 
 plain directions as cannot fail to be of great practical advantage. 
 Of necessity it must become a book of extensive general reference, 
 and I have no doubt it will save the legal profession many tedious 
 hours of labor. I shall procure a copy for my own use, at the 
 first opportunity. 
 
 Respectfully yours, &c, 
 
 GEO. HUMPHREYS. 
 
 Foom Charles B. Sedgwick, Esq. 
 
 Syracuse, Aug. 29, 1855. 
 My Bear Sir : — I have examined the plan and general outlines 
 of your proposed work, "A Treatise on the Powers and Duties 
 (other than judicial) of Town and County Officers." The nece's- 
 
IV TESTIMONIALS. 
 
 sity of such a work has been long felt by the profession, and it 
 cannot but be of great utility to the officers of whose powers and 
 duties it treats. I am much pleaded with the general plan and 
 arrangement of the work, and so far as I can determine, the details 
 are carried, out with fulness, industry and judgment. I cannot 
 doubt that the work, when completed, will be one of great practi- 
 cal value. 
 
 I am, very respectfully, your friend, 
 
 C. B. SEDGWICK. 
 
 From Daniel H. Marsh, Esq. 
 
 Oswego, Aug. 20, 1855. 
 A. G. Hull, Esq. 
 
 Dear Sir : — I have given such hasty perusal of the proof-sheets 
 of your proposed work on " Town and County Officers and their 
 Duties (other than judicial)," as my time would permit, and highly 
 approve it, and the plan on which you propose to complete it. 
 
 Such a work is much needed by the class of officers to which it 
 refers, and by the legal profession ; and if you apply to the work 
 the zeal, industry and discrimination which usually characterizes 
 you, I doubt not but that it wilL be a valuable acquisition to the 
 community, and highly remunerative to yourself. 
 
 Truly yours, 
 
 D. H. MARSH. 
 
 From Hon. Orville Robinson 
 
 Oswego, Sept. 3, 1855. 
 To A. G. Hull, Esq. 
 
 I concur with what Judge fiXLqa says of the plan and execution 
 of your, wprk, and cheerfully bear testimony to the care and dis- 
 criminatiqn with which the same has been prepared. Such a work 
 
 is eminently needed. 
 
 Yours truly, 
 
 O. ROBINSON. 
 
 From J. C. Churchill, Esq. 
 
 Oswego, Sept. 20, 1855. 
 A. G. Hull, Esq. 
 
 Dear Sir: — I have been highly gratified with a. perusal of some 
 of the proof-sheets of your work on "The Duties (other than judi- 
 cial) of Town and County Officers." 
 
TESTIMONIALS. V 
 
 As a member of the legal profession I have long since felt the 
 need of such a work. You have brought to the preparation of this 
 Treatise that skill and discrimination which will make it, in my 
 opinion, very acceptable to the public. 
 
 Truly yours, &c, 
 
 J. C. CHURCHILL. 
 
 NOTICES OF THE PRESS 
 
 FROM EXAMINATION OP PROOF SHEETS, IN ADVANCE OF 
 PUBLICATION. 
 
 This is an invaluable work, it is intended not only for the legal 
 profession but for popular use. . The functions of each officer of 
 which it treats, with the laws relating to them, and minute instruc- 
 tions as to the discharge of their duties, are combined with copious 
 references to the statutes and the leading and latest judicial deci- 
 sions, and an Appendix of Precedents. In this respect it is later 
 than anything heretofore published, especial eare having been taken 
 to note the numerous changes made by recent acts. 
 
 In Blatchford's " New-York Justice," this work, and the 
 " Clerk's Assistant," the Town Officer has a library of only three 
 volumes that will be of more practical service to him than the 
 ablest legal adviser, or all the tomes in the State Library. The 
 one contains all that is needful as to duties and powers within the 
 court ; the other as to duties and powers outside the court, and 
 the other forms for all necessary papers and documents. — Albany 
 Evening Journal 
 
 It is a work that is destined to become immensely popular, and 
 will be the means of saving a vast amount of toil, and perplexity, 
 and trouble, that is now experienced for the want of such a guide. 
 Mr. Hull has conferred a lasting benefit upon the public in the 
 preparation of this work. — Oswego Palladium. 
 
 The author is well known in this section of the State, as a lead- 
 ing member of the Bar of this county. The principles set forth in 
 this work are sound deductions from statutory law and judicial de- 
 cisions. The entire Treatise shows itself as a skillfully modeled 
 and carefully reared fabric — the legitimate result of long and toil- 
 some research — shaped by a logical as well as legal mind. It fills 
 a void in legal literature, and will be welcomed by the profession. 
 
VI TESTIMONIALS.- 
 
 To the Town and County Officer it must become almost as essen- 
 tial as the certificate of his election. — Oswego County Gazette. 
 
 The arrangement of the work is admirable. County and Town 
 Officers will here find clear, concise and safe guides in the dis- 
 charge of their several duties. In fine, the book is just what the 
 profession needs, what all Town and County Officers require, and 
 what every elector should have to fit him to discharge his duties as 
 a citizen, and to fill the responsible offices to which, at any time, 
 he may be called. — Times fy Journal. 
 
 We rejoice that such a work is in press and soon to appear, and 
 we are glad that Mr. Hull has undertaken its preparation. He 
 wields a polished and vigorous pen. The work will be. in great 
 demand, and we do not well see how a lawyer, or a County or 
 Town Officer, can be without one. It has cost immense labor to 
 prepare it. — Patriot.