CorneLL University Law Lisrary THE GIFT OF a ee Hs Boy Erg sad a Date Moveraher 1h,194] i SUPERVISORS’ MANUAL A DIGESTED TREATISE AND COMPENDIUM OF THE LAW ON: ¢ SUPERVISORS, COUNTY AND TOWN OFFICERS CONTAINING FULL AND COMPLETE ANNOTATIONS, NECESSARY FORMS AND A REFERENCE TABLE OF LAWS AND STATUTES. BY GEORGE D. REED anp ERWIN E. SHUTT OF THE BAR HESTER, MONROE COUNTY, N. Y¥. 1906 PUBLISHERS, WILLIAMSON LAW BOOK COMPANY ROCHESTER, N. Y. Entered according to Act of Congress, in the year 1906, By WILLIAMSON LAW BOOK CO. in the Office of the Librarian of Congress at Washington. 128 PREFACE. The purpose of this work is to present in a clear, concise and logical form all the laws pertaining to the duties of supervisors as well as the duties of the county and town officers whose official acts are to be reviewed by supervisors acting either individually or as members of official boards. The subject naturally divides itself into five parts: the first, relating to counties and county officers; the second, pertaining to towns, town boards and town officers; the third, to public health; the fourth, the poor, assessment and highway laws, and the fifth, the election and various other laws with which a super- visor should in the discharge of his duty be familiar, and it is in such order that the various subjects will be found fully treated. The laws and statutes as here. presented are as they exist at this date, including all amendments made by the legislature dur- ing its last session (1906). It has been deemed advisable in practically all cases to give the law or statute verbatim as taken from the official records rather than for the authors to state it in their own words. The work will be found to have full annota- tions which appear under the sections to which they refer. It is impossible in a work, within the compass with which this must be, to give a digest of all the decisions which may be found bearing upon the subjects treated throughout its sections, and instead of making any attempt so to do there has been selected such cases as broadly discuss the general principles or bring out particularly the important points under consideration. This volume will be found +o contain practically all forms that are in use, and these follow the sections to which they refer. This will be found more convenient than to have all forms ap- pear at the end of the book. Realizing the difficulty that always exists with one seeking to find the law, special effort has been made to provide a full and complete index and to so cross-reference every topic that the subject sought for may be easily and readily found. In treating the several subjects herein discussed it has been found necessary in some cases to either reprint or practically WM iv PREFACE, duplicate certain sections of some of the laws or to state their substance or set forth the part thereof applicable to the subject being treated. In such cases there will be found cross-references to the part of the work where the law may be found in full. To supplement these cross-references and cover any omission of cross- references that may exist, and to enable the reader to at any time readily find the particular law, statute or section that he may desire, there will be found on the first pages of this volume a table of all the laws and statutes herein appearing, giving the section in this work where such law, statute or section may be found. It is believed that this feature will be of great con- venience. Throughout the preparation of this work very valuable assis- tance has been rendered by Mr. ‘Charles Porter Downs, who for many years was an official of the Town of Brighton, N. Y., and as such had a wide, practical experience in town and county affairs. His services and experience have been of inestimable value. Perfection is not attainable in a work of this character but there has been made, however, a conscientious endeavor to pre- sent a treatise as free from error as may be, and it is hoped that this work will be of service to many and will receive such appro- bation as it may justly merit. Reep & Suourt. October, 1906. CONTENTS. PART ONE — COUNTIES. Chapter I. SECTION. Counties as bodies corporate........ 0.0... ccc eee eee eee eee 1-4 Chapter II. County: ‘Treasurer's j.c:seisscsise de aoa'es sees aes va wee Sead ahs 5-22 Chapter III. : County Clerk...... RS iota (a: aneidsa Smead Sia ler armtasarbpounuree Maino sence ee 23-32 Chapter IV. District Attorney... 0... csc cece eee e ese ee eee renner eee eeeee 33-40 Chapter V.. County Judge, Surrogate, etc......... cece cece cece eee eees 41-58 Chapter VI. Sheriff, Coroners, Jails, etc........ cece eee eee ciedadaenae une 59-97 Chapter VII. Boards of SupervisOrsirs s cisinc cain es cineca sieaa ee tei ga each bes 98-151 Chapter VIII. Clerks of Boards of Supervisors............ 20.0 eee eee eee 125-163 Chapter IX. Duties of Boards of Supervisors as to highways and bridges. . 164-278 Chapter X. Supervisors as County Auditors.................ee ee eee 279-346 PART TWO — TOWNS. Chapter XI. Towns as Corporations.........c.cceceee eee sesso enseeees 347-361 Chapter XII. Town Meetings.............- AG Sead Bee he Rey g4 4 Ie See Hee 362-448 Chapter XIII. TOW. Boards x. siscais ceca ssneg viarsved vce tenes Soa appa A GR God ora. § Meet besa ei8 449-518 Chapter XIV. SUpPervisOrs 2 eens sce eee ee see ys Hee eee dee ee ee ne Eee 519-673 Chapter XV. Town: Clerk: awestc awis owes ed eee 2 Sieed oe aee es owe vasa oe 674-697 Chapter XVI. Justices of the Peace. ...... cece eee cnet ene e enone 698-703 Chapter XVII. Town Audite':< 2108s asia ss eee ca omaae nde eelaaas weeded Hee 704-772 PART THREE — PUBLIC HEALTH. Chapter XVIII. State Department.........ceceee eee eee tee cence tence ence 733-778 Chapter XIX. Loeal Boards of Health.........0. cece cece cece eee e nena 779-800 Chapter XX. Water Supply.......... cece cece eee ee sissy sth /ov Biad scehatncs eaveuans 801-840 v PAGE. 17 23 28 38 55 95 103 170 215 223 277 302 399 418 423 465 476 506 CONTENTS. Chapter XXI. SECTION. Sewerage 20.0.0... cece ee ee eee erent eee ae eee nes 841-870 Chapter XXII. Drainage 2.2.2.2... cee cece eee eee enter eee eenes 871-892 Chapter XXIII. - Labor Law’. .¢ 260525 sae 028 weiete do ecig He etal ee Eee Ree TS 893-924 Chapter XXIV. Cemeteries ....... 0.0.0: e cece eet teen ene tetas 925-940 PART FOUR— POOR, INSANE, SCHOOLS, ASSESSMENTS, HIGHWAYS. Chapter XXV. Poor, indigent, insane, blind, deaf, etc.......--....eeeeee 941-1125 Chapter XXVI. Soldiers, sailors and veterans, indigent, etc...........--- 1126-1162 Chapter XXVII. SChOOIS: shes Sonne ceteaie Meee nwlahiE Bene Ree ee eine 1163-1221 Chapter XXVIII. Assessments and ASS€SSOTS.......... 002-0 e eee eee ee eee 1222-1405 Chapter XXIX. Town officers, duties to highways and bridges...........- 1406-1501 PART FIVE — ELECTION AND MISCELLANEOUS LAWS. Chapter XXX. Blection, awiies as ucdeaihnaeewani agin 1211 CODE CRIMINAL PROCEDURE. TWiteD 5. S22) raves anes. oie BS os 102, 1212 106: agen santahm neat eamGrahdn 656. TMG 8 cya veaaae ee See ees pes 1213 WOR creded aSa Becigtoee dctasnare aanae-e emis 657 Pited. $8 ages seseecgea yee tes 1214 VOSs, zeacatinr nade aicanadene seuae ae 658: Tit, 89. xe tasweseatina ted sas 1215 OD =* ©: scincacceiees seme aee eR 659. Tite: $4 ss cca seve ae endie 1185 DAO? sown eatecaters ee rides Sec aan Rey 660) IG G8 bec esiee pmacen ee ova ee 1186 MLD ts easccatSns crceshta pnts igs chee 661 Tit.6,§10 ................... 1187 I Vie ceiadtaate Ways Soh ewe altel ieee 662; TIt6; S11 ax aceansedeuss cw ales 1188 LS arene dic sae Wadia s baa Sve 663 Tit.7, Art.1. §14 ............. 1189 Ta ecg shee Ga a akerne encase OS 664, Tite, Arts; § 18) eccsscaa cen; 1201 BD larga Sasnctecdwaseesanccnartcerd odwetbcons 699 «Tit. 7, Art.6, §47 ........ i... 1192 EPA Sa ap aeeie boa Seca Ah suai Ghent 700 Tit.7. Art.7, §66 ............. 1193 BBG i buco 358 Adie tes arecnuun Abas GA eo7 Tit. 7. Art.7, §72 ............. 1194 ABS. «descr aecnyarls brace is slsteneos gesae Soe 296 Tit.7, Art.7, §73 ............. 1195 LOSI: (a ios nena ssaeigte: cae eee 594 Tit. 7, Art.7, §74 ..........4.. 1196 G5S=66 20: sn avatnnnhea-oden aces oa 1075) Tit.7. Art. 7, 875) ccc ees saws swan 1197 STB sks ox ants su s.agneee doe sitet iee 1005 Tit. 7, Art.7, §76 ............. 1198 GCS Ana ceea leat Scena adt Cee Acta ath 1006 Tit. 7, Arte, 897 oo2cavaeceenn 1199 SBT Am altos thteannadusanercoade guile 1101 ‘Tit. 7, Art.7, §80 .........0... 1190 S92. diss sue wiih wes a Bie Hag aS aK 1100 Tit. 7, Art. 7, §83 ............, 1200 OEMs "gciretaled vetstin eds y tolerate ae 1122 «Tit. 7. Art.7, §86 ............. 1191 ODS ohio, eaeiaiens Grow San visaraing 1193: ~ Tite 12s 8) pc casual ee aaeaa pesnans sl 298 OS cca bey Sar tala ecg poe Rite Liza, Tit. 15. Att, Wo 8 1 secieaeas 1203 NE Siac oily tease Aare ane 1044 Tit. 15, Art.1, §2 ............, 1203 OIG: ca sciore Bathgate dis Aaasps ste eeu a 1045. Tit. 15, Arts Vl. 8.9) us. mesa cn. 1205 VIG: 2. saiare od kieivlios aatadee acon ani 1046 Tit. 15, Art. 15, §48a .......... 1093 DLT: 5.wiicns bancowneaenaewane £4 1047 Tit. 16, 85 cede k es cece euann 1202 DUS csasgg: semen derek « Oa 1048 Tite 16, $F ss ae5 aden sew sean 1206 QD edigts jae decra ai adaweeancnae 1049: THI, 89) ccc cae shuvnaoades 1207 GON): sigideeea chy A tain ay Mites 2), lcpares 1050 O21) a wuumek daha at ceca. 1051 CONSTITUTION 2D ad perenne ae Nai Wood wee 1052 AT: 3.888 ap eccc cic acuatene cues « 136 QOS Baretta ait anes WO Reece an 1058: ATE, 89 coe cients ea des os cs 1615 DON ric TAS onan ae aes 1054 At 6,8 W5sg.cs dobeneeee sscuna ce 48 OG: Le scrote Syseacdonte pieusuh a acsumenirees 1055 Art.6, §16 «20.0... ee 47 NG. Stet fe oavastehie Grate ta Seateadensnicten es 1056 Art.6, §17 ........00.. 00.0000. 698 LOAVDIAY YE UsAsIN UIA 14 TI We Section of Section in Statute. this Manual. Art. 8, §10 ..... myatay oA rate aw cores 1643 Art. 8, S14 os enacts seafood anaes 137 ATU DS 4B) olden pave saree dee ad der 138 ALLO, $51. ite siews tance can one 73 COUNTY LAW. Sass aailasia Sie eyeeuar hace aaye dat. erate aap taka a ae 1 b -St gee Chu tek GaP Re ae eae ee ES ees 3 W240 ue eed ROS ha PEK Oe ee ws ee EOE 4 i eee eee eee Pee 100, 152 S234 cae at kee tw eaemeseqae Oo ume ee 101 12.17, 34, 95, 102, 279, 315, 944, 1475 Le -ebSesas ea da Ah Meese hese 103, 1643 14 seer iname has ao toa tans a SMERESNS ooa 104, 1644 AD 024s e4a yoo Ke bee aeE tere eee 105 i ere eee Cr Te Cee rr Seer ee 106 DT eieniescal cei ation ear tetaaetira- al ouste sevagpHc 107 DD See Ns A Mee Wee OES LAWS De 108 WO Se apsipes ait sched tose nw Weta ane 109 Wl 2 high a9. ee DS RR EO ee SS a Re OS 111 4 eee eee Sree eee ee 112 Bo oeGe 944 eet na9 ee eu eee Ee dee OA 113 De. ade e Ok CROSS OCA Rae BET REE ES 114 DAs 5 tolodsNcruaneubatapunc th alae § 115, 154, 318,714 DES asses Seances aide Rucudee Asma amie 116, 716 CO aise Rca ReR da ae La wR LS A 117 QM cee Sea aS OO a acs Reo EES 118 EQNS). oy atibeah ego suas ¢-4 veneae w-enghangy aeinie: Sag ee 119 rere sere cree Sere eee 120 BO \ ssc diated Be wena be weet oa eee 122 TL "ieee 2k Bobs a Rigas Gok cae 40 rw 123 O25 Seba RSG RRO legs Sa raush ard eMin eee b 124 De) cea Suiahiat Bh i Sprertectbiae Shanta ie ee Sma a eae hee tlzo a 125 Ut gy hglg he REwe ag Grek yg RE 128, 350 ee eee Cee ee eee 129, 351 SO soe 4 ob tes aE we Ror He 130, 352, 456 OE shaw haa Mia de WNe 82 4S rs VARS Y 4 8 131 HO eeed-e a Gee aes oe ERG SHES 1141 UD aie dane Wa aie h Ge OD BH ee ee 153 GN 5 Rene yy ROE AR De A 155, 344 De LRG be SHY a KES CA mR ST Ae OSS 156 Oo paige ine eee Ged eh aye SEES AEE Se 157 NA waaveawe tea rean nd Se eG ee eee 158 Gl! causes sas anid 34 te ae ates Be BE ee 164. Ue Som b eh nee ewe Tak he RHEL A 165 De Rae SEW DTA E ORS wap eh em RS 166 G4» 2d saan aide teeale ena sews eed OD gnccecs sag assis lis bg teria ecole ters a 168 GG: cat evel ae eee aita ee wuts how mete ate 169 OF sxaeeeeen sk oOae Nes ae os eH aee 170 GS oc esse des i eR ies eew Be a tee bee 171 Dee nae sci wm bad ee eB PSes 172, 480, 555 GOB: dintnce rate ann awit el Amiens 173, 1493 Dib gine eews AH bas weed ea ee 175, 555 Ty x stk somniqeon ye sare Ea S SS 176, 481 (2. sf eheri ise tys nce iss keer need 177 TD: Rib east wale Se veian’e He ened S 6 spt Spe Byes es 179 MG: oe age oy onl Redes anaes sade RO BAEIE Winks GSE 180 TD lesan 0.2 avegpieaapra Hanieale & Rema wR a 181 TO! Seeeevca yes wonhtantes a ele 1s arabes ae SeNe- aK 182 TET i aiSecis aug Tneptes pee aie Basle ese ee IE Ss 183 18 pe aiee ee Men cate ons Bee ee es 184 Section of Section in Statute. this Manual. CD cata \atigNendeavahe tiara aiataia lap ab hB 185 SO. Sitwweei ame vacua eas Gare eka ees 186 8d. Sasso sais tose ee Ae sees 187 GO seit @ eeneia Rds. 8 MMe aa Guine Leh tom 76 OW cake xargs {Gand ene are eee ta ea OE Di, gi tawe see Gugeaceie Sree wraare awa ces 78 OS, 25.5: 5. kins, aie aplesra nla. sgt soos Seber coehatelg Bs 79 DA: pccaisut eo Mid 294 BS ee we AS SS 80 QS 5.5 hanes Stace ee ek RAS 81 DG icra dualate dive. et avepate Dd ayinee wa tava s 82 OF Sei euse et tus otek Saas Gk Ree 83 OS) sve geese wile ved seme wooo aes 84 90). set ciaw ees MaKe G Bs ee RKC ey Wai 85 VO Os cea.ccyeans BA ess Sxous euanncabace sae NESE Semele 86 LON, 2.5 sseoikel tinea Gebse, adeatutsclapey ee saan 87 Ds is esses iecoiteren desea aed ats backed wee 88 VOB) seta stat avin vane sew 5 ecisiad Be soma ee erten S 89 ATO. oa wines g cede aes shuns ee era eae 1567 LLY, ocagees seus yemands ses Wel bs aoe 1568 VDD aes ee oad big. payed @ B aape sik hades Sones 1569 Lge -5 acetone grease Sih mngensman taunt ate aed 1570 TAL a aes tate 2 &.anterg cleaners 45 «1572 DV hace tte ete tae es sical acta erie Lae) Oya ea 1573 LG gos pies s,neaihuints a ante tas mia gai 1574 TUG ach dine 34 5 om 4 anal 8 2 3 ee BS 1575 LES ep eth bord Sine a ER ew eae ss 1576 TO. se. Suesse Sarthe ahs SOE GARE Rae BEND 1579 LP: oni diese eaest BRMOOR cater wat co enet dees 1578 ON cca teehee doe dee aces tucker e Medel eee 1580 DD) Sitteaititg se Mg oaingeo ee MACK owe 1581 ZS gg sarees ‘scasigighiat bows anes grace aieae goes she 1582 LOA: cs cern ey eee eed Ret A eR ese 1583 125: a4 casey oe des eee beg Hee esc 1584 VAG) ix dese Bacay epee nae dca sviuenat dow be 1585 WET ss tap aciecac tna ce aa taate Sa. aoRa ie us 1586 DS ss ajaicec ee Aicaeeiantvakie annie wean weave 1589 GE i sascha Giantifa leah Seta igi ert ake tag 1590 DBO «2a argh 5s aban iach es ea rata ata 1591 LOL ssigu yes case ca sme eae) ee 1592 IB sedis da veees 4 tees 8a$ Mere ae 1593 VSB. cattle Gece ance F Bee te sevecdauqe gerbes Asevane 1594 184 ........ Hed auadh Glennie suai sraacesls 1595 VBS: -eisisiekigg doe calaitnn a ake asare eee tate 1596 NBG! cata menga te ee naa wane ee 1597 VAO ssh sied spay ogee gered ear S tana Paes 5 T4080. dest dudes arenes us tik aon ene 16, 1307 WOO: sii asshin rests cenimacenavatans eaegiacaen Syanee 23 UGUy 52d cig iad witeadaren ala see ett eae rae 24 GD, eieiiidnts éntentetue eelles Faria ea x aus 25 163° ssmeovsaes ey eve sek Bes ceca 26 VGA cs Rapin ss Sn, Senseah pss ravens oases boa ear eantls 27 NGS.» se hardie. cle staengt Gonhoneneua 8405 auecaeee eee 28 180 ..... a eee a aad sabinlla ent-a Reta wg hee 59 TABLE OF GENERAL LAWS. x Section in Section of Section in Section of Statute. this Manual. Statute. this Manual. ASD: se bad eet ae na awe Wied aie ee GO! 2G ac ahduisdrad auasdave tuenooens .- 396, 1510: LB DT sae acterddtan cis eirland eo ratiaiigter cp abennlts ape’ Ol 18 2s ekewd teas aneee oS 1512 MBF aa aise aytare ane arose ereeaearte Siete dew 62 Se: Bk tas etinencace g pahis ee ceeve cares 391 86: soos sees Ree eG eee ok BESS GS BS. wales Sgn 5 tee oa hee e wees eaigs 417 180) cotati ss SSS ee soso es 64 59 ce iweie ed aevee meee et nee es xa 416 TSG sas ce Boe ea des esa Gee the eeees 65. 82 case es wey. b <5. nig 34 eres he es 376 UBT sacks cracie byes sanese eons esac eueeeneare accra 66° (86 nck ecete eer ea tines 1511 VBS: isaac. 8 Mote ache peices athens Panne GBs TOSS oe cetera sig eases 35% oun ae 387, 388, 389 VED ie eendidaeis a acecapent ys See aed de BO DDE | sis ieve cesta ve ete a ites 1513 190 ies ec Papankaaly 6 HSS eeraio’ Ee hans MO? VNB! sissinececerscotiers anti s cases 1514 IG) ete aa ore bec wedw ve aees oo eas GM VSO” wrens 5.6 ahasisesiare-sieedaie’s ee 1516 200. wesc tag aoe des wad 2 easlen ees Ses BO ASL Sinden sind see a ae 1517 QOV es shasta to hayes oars ase Stare Ely B00’ 132) cjg deceives ageas 1518 OD se teided 2x5 Mande sstancae neal Gl Gh a Seeuasae aes 35) ISS). sawesescanta a ames ss 15158. QO Bad Fuseecies averse modimigars Gu diwtareuarsa 86: -TS4 sinus canes i ianaced 1519 204s oeaad seas nlG Neat eames 88. AS. Sumi natienawhkoes 1520. ZO’ scatcaienscanmiie oun cumrete oiestve 528.1942.) TSG oe. ccs oa pean s eH S aoa Bea 1521 QA canes cee skieeee aera waaee es 948 BT sans ieawiawes ghyarrattenyptaay ee tise 18, © 1522 220 -srsigtcs Cavecesag Walne a gates oi BT 9 OS) ices Span al eshd vaceies Cone Aenean 458, 1530 221. dean eves Suigeed sens se ae es S AD!) TOA» see icons ea ined nacht x oath 406, 1530 QOD: vee fichiers 5 Ga ee Gee 2s Ke AB: AGS sa quae easiness eacew 24s 407, 1531 228 2aiewee es Mat BAe BR ee 44. 166 sxcenns cseba ded Sew voice 408, 1532 DAO) sizcosecdcsieananaeauana dic aaceaveeesewn 991,396 LOO s-sco sits enon d aces dclacaie 8a. 1533 232 Uibogumaueiss Geae ease aesiateudaie, Ae? UGS Seats: sacunce-yee evar Raneatw a 1534 DEB sak Ue Soe ig glial o coeaite BSR TOD oo ead duie Gradiannlecedcelduns 1535 DSA ok secede fang. a eevee adenass eae Se OER BID ces tbs «One d dae 1536. POOL sv vivian tebreys te cetera eighae Gar euleeanne B28. WL ai neade ad sasencis date 1537 DOG wei cicw ceding Savgone staeneeudiets VBE V2 ey ctes wae ga ed sealers 1538 OO ib a eee on ne He ae pice TO CLS sete ns cous bees eae 1539 DG ag hoa hree eh las ds was as 1540 DOMESTIC COMMERCE LAW. WIS acces hres ener oa Anche 2 1541 Fer VS TF a oe se oo Seen eas T599, LLG cases y ie hee te cielcy Sse sueuah exaels 1542 Arts, V8 12) 3 Sipe esis tio nea VGOO Whitt eras a ecccaecet coeenalal roan tea acuteeates 1543 FL TE like wach eukwae Sia TG6ONs' SEAS ony S aisle cys cae Ae Bae eee ess 1544 AP Ts, 8 V4 oss -a ceca gan ee ems ABD, WOOR LED: cists eave taine Be recarcin vases dead Be 1545 ATES S00 see 5b ais ee eae dia chias Kethovs VEO SUE USO ies 7 iacy crete ean a etenie one 1546 Art.1, §16 .............. 1604; 1605) USW) ocnacsines nay wee es cn oot Aus 1547 PAA Oe ustee Gk ooueeeead TG606 VS? ses e cain ee ae Seer ganas 409, 1548 NBD. 5 -siebea erate Gina Gea dectes sunk tk ae 1548 DOMESTIC RELATIONS LAW. 10: yen duet ves meet ce siodewe icone 2 684 EXECUTIVE LAW. L. nac saad $4 Serge a eeeseetaes G85) 24 |b remitan oe teva esa eeeanee 767 PDs 3 wedee toaycaatriey ase Soe. damage Gaeta 686 800 vice eiedercicaieae wuss oe 1598. LS RGEC CREE eRe VP ORE Baw ale ee 687 VA a5 ee spaiegssch9 epic Aoeaainne Weavaremnnees 688 FOREST, FISH AND GAME LAW. BB) tess Soahs thienat aeueanauae’ SecGen Oe ScQuveree 689 156. yes ster eae tes ee decd ee dt aiaen 511 TG) ics ets snes os Seat wae Graeme wa aiohe's 690 V6 is wae cceaiv eevee sb aen ones 139 ANG seta Qin e es Moai evens atantos- austen OOM UT Sen pte ce aceususass Gh wnlaiead Gated vhs 140 19 ideas os sewed ¥ G82. ETB ee enaiey wassua ts ave ana oes adeabaee 141 DUD! cs is enaices Sek aatete dal dies enue 142 ELECTION LAW. DEAD Vi ccly erase at ago megs te aes ees 584 Di anstitrie Sos pnauidces Ziad asian! wd vawntiun falas arte N52 22GB GS .wicesleaie 4 abiarn ie ausectrad ce dake eons 585 Di eisgashande te ep biderhentes ah algods sa ohne te oRee 1503) (226) ios cae Se aris sans bs; wie ba DRO Oe whhlnd cael enirs tryna om aanearalecs Shela F504 220 ie dre wate ae SENS é op hele bese eG OT Bey na ORE ewe ae Ome 7458, 1505 220 02 cee ee BBB. BE: oa pote Oke PE PAG eK Ree CARE V505 230. vooveaaie.n Wa: sc ne erage pa tee 6 os ee DOO D "eeu toe Kekene ORAS ON wR 458,1506 231 1.0.0... eee eee eee ee. 90 10). ake¢sn hate ager cea. 458,1507 234 1.0.00... ee. BOG ll Hades Eh BW LOE TH Mie ie 1508 VD Sciiheatyid ste lanss ar chduateuns W838 Ree 458, 1509 GENERAL CORPORATION LAW. LY Sous sth eeean aw # rsisidleew OOS, lal mi aeriseresarelagy bamaeh ees Ben nee 348 TABLE OF GENERAL LAWS. HIGHWAY LAW. Section of Section in Statute. this: Manual, 142. sia iste eGiscas: Seeaietie canes LON 6 fon es alt 561, 1406 VAS? sairascexnrastore gage el geaen ts oseriersien sees cece cence eee ee cece ce TAOT WDE cece cece eee eee eee eee apiece ode as te nN agente 1408 155 owe cece eee eee ee eee eee sedtaiterahaig aesavnccadhdie ee Rane EG GEES « 1409) IGT nna cicnideteas massed ra boomin ssiiaet Ge eroyesats a eect T4933) UG2 oes vicwetie atoms olsen bei asda ieneae aver tee viene 478, 1410 163) sscxccajoas sae vee wee es RCRA setae AA aU ane oee ants W499) VSO ecsck ccc surioeoxvew necdan eames hg tombs cite ened aeons ead TEAR UBM dc onc sane agenudinransene-eeesian’s Ss GiB hare ae ae saat aces le cada as VAG” VBS caer mona sereysak Saeae rane ieee tiac masters cd 1447. 1189 xswrecrnreesoeiice, meee a peaches hse cell nana Mama soee W448) 184. ong ition canvecan-eonmnsenncas 0 ee ane 858, 1500,80,871 185 1.0.0... ccc eee eee ees Meio soaie i LISID daee aE 1446) “186 - ea cknantense ek tneaennenee: nt heey econ VABO! CBG indss ina cachiiceatacera® Pistia, Bavspase es 1 as eer da tek int pA gene VAD, | SYS Be occ chai orcteBon iments pints dihinien DAcbinie Depa eMarp ice TL WG. Ace cuca cmaucheodensnen Sate SNe eee ane ae 1412 avid tabla av chcecre Toentse: Sinan ested the 1413 INSANITY LAW. Bafa add Rtg Me ce aac VAG AE GO er re See oe fence eee eee eens BEC ATT 6B cco aevcciah sg awxere’s eaanenearens Hit sa dessus saab Biggs aids fe Mouclte ve Baye ores ise 935 GI GA one lem Mad Ae samt Dita Gee 938 1 cing siavle nd aurea Sel paese Meee 938 UiBt ) day ea ai meer te ete gush aun Gee 939 GE eee ax Geka seuss 2 eae R 493, 619 DO. eeu 0S Sk soe hoe mee 1135 2 Tt iravaled ya ee at cadblenowina dod i viey ca 1136 VOD aia ciers Rada Oe a Mina eave ile 1137 VAG 4. hoes: thle a ness wig hae eos ogi 504 MILITARY CODE, Ae gilaphbecs Rerencun tee, ahd NSE, bene aan oat 1404 Dy Buwiis areness BES Bala AAD Bios es 1147 TG ea hie ta tile Dah Bel aa aa 1143 BL ag ip wena cdexetdesyinrw sale ar pieahnieavecthe« 1148 Lee. ad eee eS a Rao EARS. 2S ORS 1159 hs See errr ey eT ee ee ee eee 1150 L3G sa ee se hte Ree RRR ERE Rs 1151 DOL” nies 9G ee FALL RR DOR ELRRES 1152 BAS acdud-s- again aia Wine da wae ox 1153 TU" cise tegen sualeaal oameled 1154 140) eeacguxe deme ansee se Pha ES 1155 Mel a4 Seee cde ee headwear awe xe 1156 ca cee renee rare eee rery eee are 1157 TA sapeesancs pia. aie isa ar ae a 1158 WG ax seyeaveng gig icd ghey outs ana Ga 1144 WG0 §4deeeeee Geb eexs SE PEGs ES 1145 Wit saci ccagennd sees tase bs 1146 MUNICIPAL LAW Uh ate aaloai soiis ete gt Weisser hs a tpinn dye 1683 Seat se pees her ew eawan ea FER 1643 3 29 oRke BUS POEs Uae ae Oey ee RS 1684 eis PRS wie H Rea Dreoe RS aL Tie 754 DD. soeete fatatinng Bplie one ed gid ehh aia intaae 2 1645 Oe see Sivigifer saw arate 4 aes Gree we 1651 | gpd dele ed ence te ward bok Bee? 1646 No gkbedics Ho btese ge aes oem ness 1647 DS _seciccstueresl eve tah siceuistin ands derkeesS. aySitewuhine haat 1648 MO 2, dedtete Covet 5 antataleg suet auste, Aa Shae a 1649 DD easing Son'g ia satan Sore are wes een aeb Sick 1652 Ve geesnas ee ees eee oa dae cs « 1661 D3: - ace kay woe oe eee e- ee eee 540 Deh ho wee siiuat Scaibanieceal elle sang eGl ress vantanaug aed icn 1666 SLE ace cane wnverae rete Wldue te Weep wade Ore 1667 i ction in pour ia ae Manual, IO: cod Dek wee a ewes 4y Raw Smdee ox 1668 DV] se pangesien veers need unas a. - 1669 Cee ee ee es Ce ee er 1670 DD cna e Ge Hdd SERRA EOE OR ENAASE 1671 BE) pclae ba: be RADAR OOS BRR D 746 OD paGiea gees fewer en Gee tenes 89 665 ee Tee Tee ee LTE fae Oe 5h oy 644 BR SSN4E ERS OER RARER E 751 DA cc ewe sh Wha PameeG aah med Kpewe 757 OP a Eh DWE REBELS DE EM 463, 1139 ee eee ee re re oe 1142 QE xcidtew es Mae ods WS OEE WE Ee CF 149 OR bs wha bs Games HEE REA KORE OSE 510 NEGOTIABLE INSTRUMENT LAW. Uae se P89 Ga emses aoe pee OM weed 1650 PENAL CODE. ANAT iio le sites torers hea Ao ae 1703 HY beak pas pak eer ENT wES 1704 41W guxescaiwes s Seo eG We eee Sas 1705 QI seen p 8 Rea TRE EEE SS 1707 GEE anu sees vee hs ee se eS OS QOD BUD «ina aun. o leahanarissogeione x p.arons wees 790 6. hae heh esh oN dW e RRR EA MEOW 993 44 ..... ies Keene 6 OR w SHER eee 795 SD cesansat cas dea eostaoied Rianne aula, i anvtehr oe O04. BS sack be yews ee 4ui see RKe booed 796 G6) segnic nadia Aaamencsan ee aaa OD® 4G oc acua-nn kanes 4 dee ae eNO anee 924 GT .skdethegawomnes eer ee eee G96 LO: cetetacheve tes poe beetees gage 802 OR. cies cor nue cease does eae ed O97 JUy. sees Soe eee hee eel yee ee 803 Ny carne ame ou mew hae ae be eee ore O98: 72. sacwey sameeren tee AE OF Ge 804 OO! Gaveen de athlle aa pln He ewyeaas eA ece Q99%) id eshictyichd Anceun Ba aeael Deena ceed 859 CL S6e4 he eee 0a 4 eee RRS EY ORO OOO) 9 SEG sks chun edeivens eerarnann dateiouens tea vate 860 EE wh oS See EEAS COR ERRO TIOU. AUR suru wats spare bn wes 863 ND) paeued eReeReeae imah owns 1002) C7a 2aueaccemes fa sae eee Kee ERS 863 To .0ne 24 Kaede nr eens swe es aires TOOB? SiBi- sd. ahanets sce Meid oem te arrnusce Viton hah er 864 VA SEAR OEE REDS HER PERRYS ee LOO: . AID) cc htantorseaeathadthawh Hae a aR 868 BO! a eccbadheacissttiscyie oie lh iaria ORS EL PVG PGA secgpnt esse sinew) austin: ate Gaeiypits apres tvions 865 SH gaged epee anes Seeaerewn TW27 79D cawav esos jee HARE OEE RA LS ORS 866 So. sabes pe siuie tuavas des Si guwees VIDS: TO Oe capsanaeie adie a siceecq ho Swath a Rie eases 867 ee eT ee ere ee ee. AT BOe FOE. erarnlon. concern stations halasouanien sevandagts 869 IDO assests ctiigneles iusnev tna fe /oxerpsale ensure 1007 2188. aiavessreawiescns 127, 518, 800 TABLE OF GENERAL LAWS. PUBLIC OFFICERS LAW. Section of Section in Statute. this Manual. DO) - endioalaenk los Watinees Raa yee 522, 676 LO” os nedelns aeg ova sekeGe aes ese 526 LL nee kpanaiogs 3 Saiage baSisaee oe aE oS 534 UD od bad ep ehne Aaya xis junalae 535 LF ibe areca ne Heme Bee RK eK S 536 AS. skcexnes vemyeees hee ROAR 541 20 4554 Geto Ae ese BOS 527, 1223 De cates ara: b ake id a: ie ane alayeue eo: estosnans 531 2B» sii srcghasiere ae is gysio icgugs sieytectatig arenes 72, 292 DOA was veane De eaos gales 6 sti shee DOE 42) gees cee eee vedas ates e 8 sures 740 RAILROAD LAW. Bs. ait aniairasasiaras Specie a ease tate gn Me 1477 60 kied nage s beabs Uewigvewek ey 217 GY. sion ced pee bese ne helene aR 218 D2. sr sord bedhavaanecds ola aveeand BAR ocatons 219, 482 G3). siniely- cates BSF ean x bE aie 220 BE i crashed wean Cunice earn ee 221 65. sek saxdh sts eee ec eoeee ees 222 6G. 3c Rows aun sea tee je eediew ns 223 OT. GG seroreten Senrenaaie anan uahacepte ee 224 CTE ovniec cua nus Sa awe ede ewe cacsiean waste dab Gate ayotn tien wear eee 1114 Bg ga daen bu Rey heuer Seek © eee 1116 46 ois cea clG es Bae e eS « 1117 i caeate ne 5 wide h x alauds iptasenereuber ane 1118 G8 cet dca oaea ak See ai eee as 1119 HS ogee ay tee ose Day een ee 1120 10. saiscives Sted ceases ee 6 aaees 1121 OS? seer ee snek sas nametaanan ss 1105: VAT ccustia eee eeeise rae eS Siete die 1125 STATE FINANCE LAW. 65. canis asee ma ee saddens Wislalals 1218 A. cause SRAMR NS Shee eRe ee 1219 OF ° cases descdeeddebnrad aeaee oe 1220 STATUTORY CONSTRUCTION LAW, IS). vecee cca dotned meee decee ess 705 WO! °c acaauers, bars suanshiud Stersudidia oe ormla Ke 704 BU we take ceeanraes Stile a cleats 705 TAX LAW. Section of Section in Statute. this Manual. Bd Sand RERRESE Behe ees 1235-1238 DF sah sislgin s euee ee ple nee ne Sarees ge 1234 Ae ionis 3 bones aera 1233, 1246, 1162. G gaxcadew se eveais sae ews wan eon 1237 Wis chloe Gearon fe aunt aasrua ac anedhantetentas Soh 1232 Ge shy. Sava Jiisa sae ta Sree, Sms ertanta Bead odessa iw 1231 Dau bion pet we eed vee eee rere aes 1244. IO. s. eekaie PaaS eee ees 1245 De | sacs. ciataip a-omsuectloauatauen souiasrarets 1329 VD spisewveigssanedenega tel aisesey a aligptecpeede Be car 1330 VBP dies iewnigein Marg ais oe ele, eee Se 1336. 14 ix sieyevea nian -t.s edad 0d eke dw 40 1332 LG 5 cendieths a iiniaid aid tanehantSeeuinganerneess 1243 20” cSetnaia cava web tave wai heads 1259, 1230 OF) 2c sveatewieh on 1260, 1352, 1237 D2 devas kes Seee bee aa 1261, 1221 De. ses asafie 8 SARMEARN Gan bhsua-Osae Suaee Sia AED 1333 24 ...... Bi pie eawewwsbeawtes 1334 OB 6 inc ayanece; crane ah eae pik ee aie es ee 1335 26. is uiactete lyse Nee oe Sees ORR STS 1336 OT So tine, 58S eaaigaries tana nal 1337 Bs Ace hui Sti Liat mans Bet ealacas ose Goreme 1338 2S Me Wiis woes come wa eth anata eek 1351 OO ad tacatccctal ee eanialg alann ne ane eS 1262 BO.) sg eens PeEe rea deh waa Re 1264 BL. Gecexerear igre Sigehsan aot ve ceiges ses 1339: BOM anaceiayautue 8 aa faceaticce Sank erate sane 1265 BB DE iahislale ceed Abt a sige Sa See evs ame le 1266 REY rrehi%s ilee isles Sara tanned. @ aus nmaey bee 1267 BD Astrea be aster Sahat 2 ans late ox Bees 1268 BO > pdt tee i wea Wace Mate Pagcoacedee 4 1269 Bills bdasssc oPin ohayas Dna lreuax ates adeneus cave went 1272 BO. egeaiid acai ee re ee dionia hee 1273 DOL” ins Ad aoa e Aeenit nesses 1340, 1216. AO arsdele'nd aaa kie s Sahn 86s haere 1274 Wl. pelge aca Ads dal Sarqudteneg. ae 1263 a es duala, Bstahal SuawecBaaiesoaveriane 1239 BIS | i sae ce ai Boas Wasa @- Bums alps 1240: ADD. neigh cas Wise Gg Phas a ime Ree 1240: BO” inceiscn gs gaan +5 eteale-s Baws ewane 1241 DL” acess sree ca Seusaerd Geasteewicorss aude bie oes 1242 Oe cick ates terter as alnseemin Aamaeeee ik onic eyceetaran ihonetea wegen cic as TD R5 ABD sca tlectnetane itaonads nctvoreges Seativowees ANZ r © is satasibcvadanaiesteensrace nid ces ea uaee VORG) HAD!“ daveens ea hoonesauaprateciene ais TG) aiacacaiivaneca Rereroncnvipiona avaceiupintet 1287 50 ....... be eases Mecgatsus tks Tle? < gsreran Spar eecceenatere esta erel care VBR BY. cectcciecssveavive semsoe ot 525, 677, 1224 182: (anesinavaher nant orn eee T3AL, 82 cv aieronsiace suasivelcieneeevataetcuarite Oke USS) Zseeareonaes. eis Pendens adnan B49). (580 rs cree siattusa gained eels cane BAe ct cnsicd asin paietmarecaaceune tla Got bes 1343" 54) isesee cause eeesneneemss wom TB By test tartan aval saat eee dantcer W344. 30) caeemod marericinam meiner case 1BG!. -necorse mannered emna canis wens 1345; BB? paneuvees outed Satine mcemcimnn cron USE: eee Seiecasisiianteoaigerienstsontaie S'S VB4G) COT cus nessa 'g sanatenp arising entecee VBI Bs) sistaadaraicaeecyscanmtonSorew estonia 1347 58 ussinesiol act ee neeec tee ees 567 ASTD? schciansg davetadnotiiorg ea oceans 1348 59 ..... phvial ahaa aah, Base aie Pas bosue ye VSS stecoretacerae wis eas chen seeds V3AO) “GOS saci tescccecnmnsaaasenacnareyeeaanecen DOD ciiacavaga. svanssansis nies eases ea E BBO? G2 vies choncergrcvaooeiaise ademas eaneice y DBT caches acavlaladeat sande weabiontes sic ®?. (8S Saxiageesdnaaeud comes newness D566. wlidaciewite i cctareeanas ieee 1318 64 ........ nist erumunen teeta A DBO: iki soeh aienehegea in talon ne hse eres O73. OS weezaeseee niches 2590 ....... ineceneessnet eee GIS) (OE ss. windcowsnebusimananniur es DGD! acecsuavdcvoasa enicoe snore RRA 1313 80 ..358, 558, 577, 578, 582, 681, 739 DG coco cease artsanecyesen ein aT 1314, 81) cesencswes sages shee aewes * ODODE > i steconvacsiconsepten Bette tare nied TBUS: | SZ ec cia ssdisiscteawesie dnd asededranan end 583 264 0... i ecbaeanee tay saahioteacd T316! 88) skids damned ade . BA: | Bae orc mdennchgaised osm i TOWN LAW. SO. wesievancaueeswe aad 466, 591, 678 De che ca lata apa iesehacc uazaneeee BAT; 581 86 seeaeeidea ajar de aew OE: cavateravstutet tl ne bascttnonee rce ons B55) ADD LOO acicescspusceutsaciacesrecdcniensenvorivarnanane d= etal aeeia tem Ree at TS O0 P90: alee toncbleets oateenee artis ate note EeNCat beslalico even ahrneiatea W390) O40 cea odes eateries canguacus SoS hkt lech staracncarbaaayasats agacbyn 1891) "149 ona ects ca anecwanenenewls a Si Pa de ai caticnsatas Gavhar See eae TSOP) SVB ccrsrar es hue crs cys ese tasesn al wide ke ascetic oa halvnt staked 3s 1393 ea pip mba at nam eno 1394 UNIVERSITY Law. sai tite bee ACR anak 450, 681-708 36 1.0.0... eee ee eee eee Dohrn ttrantineae 451, Sins TIO: BT keke oecncak ebecue movaganDo ctl el ata ante ia Raa meant? TOO) 2881 crei ale Ge ade eel cnre tats Ie anette eetoes senha HEA) PROS cna eens ios Rack nen nerd Ne outs al eel ch ead FIGS 251d ea kee waahin Pt hg kid Aare Medina en fe sree ties hepa 512, 769 Syd eh oN Serre Certs oe Rane 740 VILLAGE LAW. gn at dc tage Nice teeta eG Y Tos Lins ar NENG ah Alita Be Nae tetas Cr ASS Bie adie dishes TNS 5B. Gail tank, ccetieetaceuaay steamed hed Sa lissgtanah'arg ec AtasG Tote’ Nea eaanaes er GOL? iA te beset a cone wakes Rarsiecsde taaein Dicey wes Me paceg nun net tn sheets. eed HOD ABS cd ates Boogie nl lreans omcnereew encore GO AR Rie eased eek Gives alo Sar BSA = OP cote hinge hak ee Mee A San da Ato ethic eb ghee aa TBR wT) sue tdic hdvesei Rois kee cieaa atest ras iwcastamnnae eine arnign die aM Ha ine MBO! MIB aeaatenshen coe atta vrs e neal wk Ateet et ea Pesala edast cizapshateteae hee AAT OG MLDe cers etiern oa uetie raaneen Mee aera Sais eee eee ore egtae as Mod (NON wees icte dings mies ane kaeen es amie a Sia laisse TOR e 25LV! frsuke bs oneal amen yee lens Masala eas eA 683,741 12 cece eee eee eee ee 2 08 Bc MR a ited easels Secs TAD UB eee Lacerta ghuenitan ads econ a Beret aes Guat cabaheat deat ok DGD VAY | Sedat anise ae oe site) tg ene anes DO BOG 20) base nase lated cite, satan calle ohe es lc aieee wtp are i aied ate ioe BOOS BD i tcc scan suuceiticre a xt ele alesis = ekg Deb tonramennann ALS. BOD ATS! 23° ser capits oligo’ a acdteds x(cx coed veto Jira iost blac ak oouenses BOG. 24>) a tes se mmietn sa cite des guanine sph ofe ah eb aspeben an aaah BOT. 225 eyelet nies oat a ar an ton ge Gene RO aioe nha Sao chiens, ee ee BOBY PRBS) xtra cena seqace ates nests cae Fe sense ae RS ord eee B08 Bid ci rcacn cic asco sais ra din i es cabin Soh eter areal Aa TAD) CBB 16 ena Panett eth ates ets ty each Ne BIB 459) 9 BOE dy we hed Sees woboees Gaon a eo EN RRS pac eeie: 460 142 2.20 eee. I Ac ge ea a tae aa BOP MAS. wets cena Cenex aha trne Reta ed ema Set siete 925 184,195 vec ecencascuvusaneiees Bee alia aibeih Alaa talc crenih tee 926) W190 we ccrtadn cd shou emandine ee ohare ahi Sck hie tor Culpa 927 234 ..................488, 628, 840 atte apse ra te aoe cet tats 928° 826 ee ssue cunuivsa soa newer snes See dais Secs cacdeounie bainie 929. (BQGR! sassy acid gid adie Woes oe rape deen ietetseliaa ites W678 $27 sciences omebesaivacuceec, 1 B26 alee eee Moh debt aie 1674 1376 TRANSPORTATION CORPORATION LAW. SFECIAL STATUTES. Section Laws. Chap. in Manual. BES -\ ccnisereskiessusnbieeinchacs amine DONS Sh Mode oe Mane Aw EHTS a gtreae s 872, 885 GG 2 cece stsascarnetes Bus eueuel ne veubusud dvslanses aiuetangeiat a ssealinssise SécnGs Be ANG 1084, 1085. 180 st terseeeeeeeerseee seers eeeerreecsscceseeecense es 1OOL, ‘1092 DDB» - joccisrcuscw tesdauans issdense oP Ga S RSD ea En eS Sanaa a ee BOK cas ore cian ecunes akan a ere ete ae ace Baas 1280 MAE © Bog py yore cao eanxcusharsanm esate tamrs kien reawen Deane, 19 550) saccnaa niet ace teiss< etd ee aecn dt aermneaees 1655, 1659 Laws. 1880 1880 1881] 1881 1882 1882 1883 1883 1883 1884 1884 1885 1885 1887 1887 1887 1888 1889 1889 1890 1890 1890 1890 1890 1890 1890 1890 1890 1890 1891 1891 1891 1891 1891 1892 1892 1892 1892 1892 1893 1893 1893 1894 1894 1894 1894 1894 1894. 1894 1894 1395 1895, 1895 1895 1895 1895 1895 1895 1895 1895 SPECIAL STATUTES. 7 - Section in Manual. Se atid toll eae aa uae 1107, 1113 BO (250 See E OR SOREES POTS MERE OS ee ere aay, aden oar i eee aa Lae een) ioe 104 DLO \ sara creataten wracetsqee ase erkene Bio tere sIe S Oconee estan same a a eee eae eas Bee ides on Senin tere 2 Aah RSE TOP RESIS TR reer a oes Ae ne . goer emer irre yaa tes ok eee 50k ies eee meer ae 122 pea oratory ope ac er oes ee eee os Be en ae net cen re te ‘Gen ane 275 pone pe Pane bay Shise neites Hehe: PAeOo Ree ey OBe aes ee ee oe ree on 160 see Nery Fae orm ema Ra REA SE Biron Pop Vee aes ae Bee ie ane Saree es eee eens e oe Se eee ate ALON OP Ren NEES anos a moas herent ian te a eae te np eo ante ene ar 711 cigcaeeicpin achir binticoenpnmeaiiceiaed reomee te se at ee ae Ga, Lecanto inete Aken Were nntne inn are eye) an 402 SI RO NaS este ERE ere re on Be ee ee re eee ie 20S saeesd tas eue ve Bee ee ee Oars ee ee ee ae ee see ee ve Fo tn co trees Pres ee On ea min be reat ie Diptera ee ee ee eee qu 568 eee mes et en aa ere Te hers fe ie a ee ee ae na 461 ERD Cen ntae AotR ReaD ied eee re et reeeron peers ie Gee ele a Fe ee as ne Soe eee ee er reas Pe een ee ee eee ae oe 164 Ris Sener we heie conn sae Gre pase Uaet ia ee ee hes tees 309 Be Renta ts ea eevee take ee Bae Bue Se ee eee Bos 808 ee I pe ae sare een eae ee ee Bete rn eae ne ene eet ay ae ee 255 ee ea lees hele eee oi eee oan a ON eae ey ri 130 ..nccieeusan seavaitud ane eee ee ee ee eee sa Phar 720 Muon tea dehicedes ramet eis Se aI Ae esis ne Fe oor a ee a Be en ee areas er Bee aes ee Ga fe ee ee an re en eres oc ee ye ie a 685 ERIE PB Se MIR aes ST Aid Fk ee ca GBS. aed: Seenitse e org slant een Meee a arene ene nen ay ee ce Le ihe tl ae epee rem dane et ie a ee see e oe a a vere Dy Oe pre Pepe inne Berea ee ate 550 ..... ee oe 611 ee ee ee a 615 ee Sania he ae Fr HRI es ear eee sohk ae aoilesee te Te Ao eae aetna ales tea M Uta dae 1 ae SPECIAL STATUTES. Section Laws. Chap. in Manual. 1895 TAOS i555 oo fa gB iS estes va" ova inca Sy Grave hte ach Aas nd apy aera on alele: ara Isher tng eemre ODO 1895 (9D. aocteiisad iaeeae sees ene womens avaterinld- a atau: bes ers 1679, 1682 1895: 1026) «csause aes. @ Hee cette es eeads A Se aret ne deee e458 cates 1059 1896 BIB siaib Senacaraveinis dc Dig ace (Ohba Spa a rsane rota enrcatirere aVanene a alee ganainann 645 1896 AGS ce via esastetatn se leceteas eck fait oa: icnwra sais aro Gldeaty agli s-owauely wlarated «ee 1468 1896 Bl ssid s chess ppewe ssrA A Sew ead es Gees cee ek ame Ke dee eS 1067 1896 SLOE ch cpreciccscirend Aare seadsareewaaniy cau nus snse.g fauaiieuayecavawaudval Sapeudsate amano oem 1282, 1283 1897 es is ea Catan spsiaucarasgcat Si slaite at telay aie Kerrey orca Wah Wet hlauatear ants antenteca rer adavavlan chara Renatedses 1293 1897 G2) a vdraisnss oeiaiie anche ian ered semen s aueou seas aie Keeway a ROSS 294 1897 AGE is, vie crops rian oi Siete Os aues Ak Binnie essences sites es queen a aware, on 645 1897 BBE eaccycneettse wagers ar eles wy tanearat aay ere tay MERTEN Pca eremvap a data ones ditaenann ala wes 755 1897 BAA 8 198 gs wees dais ek Owe ase Raley else ueretel Sl Gece collins v aman as 151 1898 BB Sr BI Tinted aratd Ne wege fa letloaie Snare ex mies Hines anmncrek Srey 1247 1898 DS ays. tbrisia 5 ate Sasa ete ise MeuaeiSt a hseavassiy wa aateed See eralg Gubaaetdtauannench Oe 228-246 1898 BIO: sa ccervnesdnre stig eeartnsrarore een y oRhagog Renae BAaRETE Shale: RG Some A -weeNess 1328. 1898 QU eaisdaa nana ds edainee ate ev pees saeene pe eee esas < deme eS Se 11381 1898 OE gxudinseuaweves ee foe BGRSR Bs GARGS SRN ie Hetaier Ag aU ONE acer iere eames 1328 1898 Oe Pi, suistel Guus laizaene i traveandllo apne aianaiea Daun uuneed Sia ocea ar Sexe 425-427, 826-836 1898 Cie fcieaca depres vawe eed cents abet he PUR D Sie Rear es Hoes) eaCaaeals 1526, 1529 1899 ST aes aiskine es Rava A Bee a te ANNE WARNS SRA T SERS Oe Te Rae Shee 474 1899 FOS gH ticotd ees iTS Ress eee ad Pe Ro Rene Sk en hae an 1474 1899 75 || eee fa atiantscin oer si tena, rem Sanainny a ibia dey spnbielyy euiel SWaetsllgy explants Ag St eijejniareton 509 1899 GOO 66a VES NEMA S oe BER WE ERAS A PENSAR ELS KN BOW Se BOs PRES Sa RS 1691 1899 BAL bin RE RREL SEAS 4 OEE OE SARTRE SERRE S ce 5S 4X ha goers Rea wies 646: 1899 eS Ga asdegciebtocecs ib se russe Toya es by Ae savsuansdh wud neni icaneaesd ey anaenutee MMAR Hae 259-263 1900 DSA 8 cig hha tiv caviar te piensa “einevay sr "a epee ong: atintay euler bays dah aie aprasle ues ebeetia ove ante 461 1900 O20) geno ewer ses Bare ey ainds aekloe cates oe Rees Cees as Sela Eee 646 1900 SALE | caisssinsy a dulpus cas ave Iorous var osscmanonsh 5 Ac ysis eas eat eaeaUSee Ete ese antae siesta Senna aL gnc EDEN 497 TQOO! SAB UE Soe clu datecsy cvariatcar ami custiania tent Aviad aeons ast aecsraels aon e487 1900 ADI | ae aivas k ileascr atone eked Eras ee pee enna ae Srere ele la $10, 825 1901 BO cg k¥Ge¥iG es Cees KER DEKERERE SEO RIAEN EA BRK Pa KEEN eee es Ma TS 1901 BAe “ocaesite sce epedrisikugd leuatnde dens attarenie ABet BEEN ova are aed We Pie Baseeatens 428-436 1901 TE . tehiotaan eS tachd Renae een EGR DEEDS ER RAPDEPRAGES SRO ES 1458, 1901 BO k gedit e eho ce ees pH ewe Rehm Eee gy eee ewawe eG aeeeeawe- ae 255. 1901 T52° 2 ack ss wears HOS TERNS Re mUEh eure e ragless eae s mee ew glee aed ¢ 133 T90L) “74s Socee ee oc aaa as meen meme amen cere oe 437, 440 1901 OE cdeaces tir tale ibid wep ER Ae re Pah Nl We Halen Wane de PEs EA 247, 254 TOO, | “SA oath eanign aren orem ru Matea cawoneumauteeanecn peas pas 490 1901 DES pee ba hE Ons ek OHS joel a a mR ex Neale's seas cnt oe ing avw Was 841, 858 1901 IOS. 882 We, the undersigned, board of town auditors in and for said town, do hereby certify that we have this day examined the foregoing account of sissies sitar tats , supervisor of said town, and the vouchers accompanying the same, ana do find the same true and correct in all respects, and that the following is a statement of his account with said town, to-wit: Disburse- | Receipts. merits. | Gn Band, POOLE FUN es css.c css cactvaie: Sobsivirey/as buenas avecavs DOP HIN) casrtaa awa ama cawaeen School moneys...........--.00e00- Local school fund................. Leaving a balance on hand belonging to said town of Dated Town Clerk. Town Law, § 161, as amended by Laws 1902, chap. 259. 331 TOWN OFFICERS—SUPERVISOR. [ CH. x1v, §§ 558-560 When to Account, Bonds, Commissioners of Highways, Under- taking. § 558. When to account.—On the Tuesday preceding the bien- nial town meeting and on the corresponding date in each alternate year he shall account with the justices of the peace and town clerk of the town for the disbursement of all moneys received by him. If the biennial town meeting in any town is held at the time of a general election, such account shall be rendered on the third Tues- day of December in each year. Town Law, § 80. sub. 4, as amended by chap. 363, Laws of 1898; see also §§ 358-555 ante. No account shall be audited by any board of town auditors, or supervisors, or superintendents of the poor, for any services or disbursements, unless such account shall be made out in items and accompanied with an affidavit attached thereto, and to be filed with such account, made by the person presenting or claiming the same, that the items of such account are correct, and that the dis- bursements and services charged therein have been in fact made or rendered, or are necessary to be made or rendered at that ses- sion of the board, and stating that no part thereof has been paid or satisfied; and the chairman of such board, or either of said superintendents, may administer any oath required under this section. Town Law, § 167. § 559. Bonds of other town officers—The following officers are required to give bonds for the proper performance of their duties : Highway commissioners, Collector. Constables. Justices of the peace. Overseers of the poor. Railroad commissioners. Officers issuing bonds to retire or pay town debts. PU See ge No As to supervisor’s rights and duties relative to such bonds see the fol- lowing sections, 560-577. § 560. Commissioners of highways—Undertaking.—Every com- missioner of highways shall, within ten days after notice of his election or appointment, execute an undertaking, with two or more sureties, to be approved by the supervisor of his town to the effect that he will faithfully discharge his duties as such com- 332 Cx. xiv.] TOWN OFFICERS—SUPERVISOR. Commissioners of Highways and Undertakings (Continued). § 560 missioner, and, within ten days after the expiration of his term of office, pay over to his successor all moneys remaining in his hands as such commissioner, and render to such successor a true account of all moneys received and paid out by him as such. Town Law, § 63; 3 R. 8. 3217. Such bond shall be delivered to the supervisor and filed by him within ten days in the town clerk’s office. Id. See form below. WHEREAS, sais4 9505 x0 Seas of the town of ............ » in the County OE 38 cagorncseuenunanns , and State of New York, was on the ............ day of ShiedE ieee eaters » 19.., duly elected Commissioner of Highways. Now, THEREFORE, we, the said .............. » principal, and ............ ONG, vaaxexsneweds tine of the Town of ................ , in said County, his sureties, do hereby, pursuant to Section 63 of the Town Law, jointly and severally undertake that the said .................. will faithfully dis- charge his duties as such Commissioner, and that he will, within ten days after the expiration of his term of office, pay over to his successor all moneys remaining in his hands as such Commissioner, and render to such successor a true account of all moneys received and paid out by him as such Commis- sioner. Dated this ........ day of ........ 190.. STATE or New York. County of .......... 8s TOW Of pisecocs anges ice On this csscsrenss day Of s.sessse ee 190, before me, the subscriber, per- sonally appeared ................ to me personally known to be the same persons mentioned in, and who executed the foregoing undertaking, and severally acknowledged that they executed the same. sian aderiaie aiesbanpan ce eens Strate or New York. 8s asier pha ua deniariaabedcd take and ..........y..... the sureties mentioned in the fore- going undertaking, being severally duly sworn, each for himself says that he is a resident and .............. holder within this State, and is worth 5.5, Salata somerset Dollars, over and above all debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale on execution. Jalicrodsig day of ........, 190... § Justice of the Peace. I Heresy Approve of the foregoing undertaking, and of the sufficiency of the sureties therein named. Supervisor of the Town of........... ate 333 TOWN OFFICERS—SUPERVISOR. [Cu. xiv. §§ 561,562 Treasurer of Highway Commissioners, Collector’s Undertaking. § 561. Treasurer of highway commissioners—When there is more than one commissioner of highways in any town they shall designate one of their number to be treasurer. If they fail so to do, the commissioner longest in office shall be the treasurer and all moneys collected for highway purposes or belonging to the highway fund of the town shall be paid to him. Before receiving such money he shall execute to the town an undertaking, to be approved by the supervisor, to the effect that he will faithfully account and pay over to any officer or person entitled thereto any money that may come into his hands as such treasurer. Highway Law, § 2; 2 R. S, 1409. § 562. Collector’s undertaking—Every person elected or ap- pointed to the office of collector, before he enters upon the duties of his office, and within eight days after he receives notice of the amount of taxes to be collected by him, shall execute an under- taking with two or more sureties, to be approved by the supervisor, to the effect that he will well and faithfully execute his duties as collector, pay over all moneys received by him, and account in the manner and within the time provided by law for all taxes upon the assessment-roll of his town delivered to him for the ensuing year, and shall deliver such undertaking to the supervisor of the town. Town Law, § 52; 3 R. S. 3214. See form below. WHEREAS, .......02..000000 of the Town of .............0 000s , in the County of ................ , and State of New York, was on the .........- CRY OL 2s ‘segs yarn eas » 190.., duly elected Collector of said Town. Now, THEREFORE, we, the said ................ » principal, and .........+ BP eek140 Ne bass of the Town of ............ , in said County, his sureties, do hereby, pursuant to Section 52 of the Town Law, jointly and severally undertake that the said .............. will well and faithfully execute his duties as Collector, and pay over all moneys received by him, as such Collector, to the officer or persons entitled thereto, and account in the manner and within the time provided by law for all taxes upon the assessment roll or his town, delivered to him for the ensuing year. Dated this .......... day: Of sisi ceca ys 190... Dm ee me ee me te eee ee eee rere rere ene StTaTe or NEw York, County of............. 88. TOWN. Of 0 snares on tanec ON this: occ seasicccg geass day Of ea seas acca 190.., before me, the subscriber, personally appeared ................ to me personally known to be the same persons mentioned in and who xecuted the foregoing undertaking, and severally acknowledged that they executed the same. Justice of the Peace. CH. XIv.] TOWN OFFICERS—SUPERVISOR. Filing and Lien of Collector’s Undertaking, Appointment. §§ 563, 564 State or NEw York, County of............. ss Town Of...2.s0500 008% Pics Sada enact oke cata @Nd) savectacessceass the sureties mentioned in the fore- going undertaking, being severally duly sworn, each for himself says that he is a resident and ................ holder within this State, and is WOE ax ia os tee baad eae Dollars ($.......... ) over and above all the debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale on execution. {Res eee day of .......... 190 Justice of the Peace. I Heresy Approve of the foregoing undertaking, and of the sufficiency of the sureties therein named. § 563. Filing and lien of collector’s undertaking.—The supervi- sor shall, within six days thereafter, file the undertaking with his approval indorsed thereon in the office of the county clerk, who shall make an entry thereof in a book to be provided for the pur- pose, in the same manner as judgments are entered of record; and every such undertaking shall be a lien on all the real estate held jointly or severally by the collector or his sureties within the county at the time of the filing thereof, and shall continue to be such lien until its condition, together with all costs and charges which may accrue by the prosecution thereof, shall be fully satis- fied. Upon a settlement in full between the county treasurer and collector a certificate of payment shall be executed in duplicate by the county treasurer, one copy to be delivered to the collector and one copy of such certificate shall be filed by the county treasurer in the office of the county clerk, and said county clerk shall then enter a satisfaction thereof in the book in which the filing of said bond is entered and opposite said entry of filing. Town Law, § 53, as amended by chap. 323, Laws of 1897; 3 R. S. 3214. The lien so created is a general one, having no greater force than the lien of a judgment, and a prior unrecorded mortgage is entitled to priority over the bond. Crisfield v. Murdock, 127 N. Y. 315. § 564. Appointment of collector—If a person chosen to the office of collector of a town shall refuse to serve or be disabled from entering upon or completing the duties of his office from any cause, the town board shall forthwith appoint a collector for the 335 TOWN OFFICERS—SUPERVISOR. [ Cu. xiv. $§ 565, 566 Surplus Moneys; Collector’s Undertaking. remainder of the year, who shall give the same undertaking, be subject to the same duties and penalties and have the same powers and compensation as the collector in whose place he was appointed. The supervisor of the town shall forthwith give notice of such appointment to the county treasurer. Such appointment shall not exonerate the former collector or his sureties from any liability incurred by him or them. If a warrant shall have been issued by the board of supervisors before the appointment of a collector to fill a vacancy or before the appointment of a collector under this section, the original warrant, if obtainable, shall be delivered to the collector so appointed and shall give him the same powers as if originally issued to him. If such warrant is not obtainable, a new one shall ge issued by the chairman and clerk of the board of supervisors of the county, directed to the collector appointed, with the same force and effect as if originally issued to him. Upon any such appointment, the supervisor of the town or ward, if he shall deem it necessary, may extend the time limited for the collection of taxes for a period not exceeding thirty days, and forthwith give notice of such extension to the county treasurer. Tax Law, § 86. § 565. Surplus moneys collected by tax collector.— See Tax Law § 71; see also § 1316 post. § 566. Constable’s undertakings.—Every person elected or ap- pointed to the office of constable shall, before he enters on the duties of his office, and within ten days after he shall be notified of his election or appointment, execute in the presence of the supervisor or town clerk of the town, with at least two sufficient . sureties, to be approved by such supervisor or town clerk, an undertaking to the effect that such constable and his sureties will pay to each and every person, who may be entitled thereto, all such sums of money as the constable may become liable to pay on account of any execution which shall be delivered to him for collec- tion; and also pay each and every person for any damages which he may sustain from or by any act or thing done by such constable by virtue of his office. The supervisor or town clerk shall indorse on the undertaking his approval of tke sureties therein named, and shall cause the same to be filed in the office of the town clerk within ten days thereafter. Town Law, § 54. See form below. 336 Cu. xiv.] TOWN OFFICERS—SUPERVISOR. Justice’s Undertaking. 8 567 See Generally as to form of undertaking. Skillinger v. Yendes, 12 Wend. 306. Fellows v. Gillman, 4 Wend. 414, Adams v. Tator, 42 Hun, 384. Jones v. Newman, 36 Hun, 634. WHEREAS,........ 0000 ee eee of the Town of ..........seee++, in the County of .............05 , and State of New York, was on the .......... day of .......... » 190... duly CG) senccr news eeaan: Constable of said Town Now, THEREFORE, we, the said .............. , principal, and .......... and: acaaaaweeees of the Town of ............ , his sureties, do hereby, pur- suant to Section 54 of the Town Law, jointly and severally undertake that the Said) i043 os. cc tad wanes will pay to each and every person who may be entitled thereto, all such sums of money as he may become liable to pay on account of any execution which shall be delivered to him for collection; and also pay each and every person for any damages which he may sustain from or by any act or thing done by said .............. as such Constable, by virtue of his office. Dated this ............ ay Of csciaise cs staves 190. . Strate or New Yor«K. County of ............ ss. Town, Of 65 spec Sar gees On this) oa 5 cee ae ee day Of cca saree yes 190.., before me, the subscriber, personally appeared ..............04-- to me personally known to be the same persons mentioned in and who executed the foregoing undertaking, and severally acknowledged that they executed the same. Justice of the Peace. Strate or New Yor«. ) County of ............ ss Town of.............. ee re er ee and ................ the sureties mentioned in the foregoing undertaking, being severally duly sworn, each for himself says that he is a resident and ............ holder within this State, and is WOPED. 2ueu nes caew i aes Dollars ($........ ) over and above all the debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale on execution. eas Raa ene day of.......... 190... Justice of the Peace. I Heresy Approve of the foregoing undertaking, and of the sufficiency of the sureties therein named. * Elected or appointed. § 567. Justice’s undertakings——Every justice of the peace elected or appointed in any of the towns or cities of this State, except the city of New York, and any city whose charter requires a 337 TOWN OFFICERS—SUPERVISOR. [CH. x1v. § 567 Justice’s Undertaking (Continued). such officer to give a bond or undertaking, shall, before he enters upon the duties of his office, execute an undertaking with two sureties to be approved by the supervisor of the town, or the town clerk thereof, where the justice of the peace is also supervisor of the town, or the common council of the city in which the justice shall reside, to the effect that he will pay over on demand, to the officer, person or persons entitled to the same, all moneys received by him by virtue of his office, and file the undertaking in the office of the clerk of the city or town in which he resides. Every justice shall also, on or before the fifteenth day of January next succeed- ing his election, file with the county clerk a certificate of the clerk of the city or town in which he resides that he has filed such under- taking, and thereupon take before the county clerk his oath of office; but; if elected or appointed to fill a vacancy, at the time existing or in any new town, he shall file such undertaking and certificate and take the oath of office, and entered upon the duties thereof within fifteen days after notice of his election or appoint- ment. No justice of the peace shall take his oath of office until he shall have filed such certificate with the county clerk. Town Law, § 58. Form oF UNDERTAKING. WHEREAS), oe<-ccnuw sei des venus of the Town of ................ » in the County of Monroe, and State of New York, was, on the ............ day of aniacire wR Saat 190.., duly elected Justice of the Peace of said Town, Now, THEREFORE, we, the said ................ » principal, and .......... BN) seesaw ch seylens Bnet of the Town of ................ , in said County, his sureties, do hereby, pursuant to Section 58 of the Town Law, jointly and severally undertake that the said ................ will pay over on demand to the officer, person, or persons entitled to the same, all moneys received by him by virtue of his office. Dated this ............ day Of cassaverccns 190... Stat or New YorK. County of Monroe, 88 Town Of: 2.23 06.02 20%es Ont his: «0:08 .acee se day of sccavcawaess , 190.., before me, the subscriber, personally appeared .................. to me personally known to be the same persons mentioned in, and who executed the foregoing undertaking, and severally acknowledged that they executed the same. StaTe or New YORK. County of Monroe, 8g: TOWN: Olisierog ana airmen siearnben nbelane ca heii hag and .............+++.+.. the sureties mentioned in the foregoing undertaking. being severally duly sworn each for himself, says that he is a resident and ................ holder within this State, CH. xIv.] TOWN OFFICERS—SUPERVISOR. Justice’s Acts Legalized, Overseer of Poor, Undertaking. §§ 568, 569 and is worth ...........:.... Dollars ($.......... ), over and above all debts and liabilities which he owes or has incurred, and exclusive of prop- erty exempt by law from levy and sale on execution. Subscribed and sworn to before me, this a dee RES day of.......... 190... I Heresy Approve of the foregoing undertaking, and of the sufficiency of the sureties therein named. § 568, Justice’s official acts legalized—The official acts hereto- fore done of every justice of the peace, duly elected or appointed to the office, so far as such official acts may be affected, impaired or questioned, by reason of the failure of any such justice to take and subscribe the official oath, or give an official bond as required by law, are hereby legalized, ratified and confirmed, and any jus- tice of the peace heretofore elected or appointed to the office, who has neglected to file an official bond within the time prescribed by law, may file an undertaking as herein required within sixty days from and after the passage of this act, and the same shall have all the force, effect and validity as if the bond had been filed within the time required by law. Nothing herein contained shall affect any action or proceeding now pending. Town Law, § 59. § 569. Undertaking of overseer of the poor.—Every person elected or appointed overseer of the poor in any town shall, within ten days after being notified of his election or appointment, exe- cute an undertaking with one or more sureties, to be approved by the supervisor of his town, to the effect that he will faithfully discharge the duties of his office, and will pay according to law all moneys which shall come into his hands as such overseer, which undertaking shall be delivered to the supervisor and filed by him in the office of the town clerk within ten days thereafter. Town Law, § 62; 3 R. S. 3217. In an action upon the bond of an overseer of the poor it is essential to show as against the sureties, not merely that their principal was indebted to the town, but that such indebtedness arose by reason of not accounting for He actually received by him during the term for which the sureties stood ound. Kellum v. Clark, 97 N. Y. 390. 339 TOWN OFFICERS—SUPERVISOR. [ Cu. xiv, § 570 Payment of Tax Foreign Fire Insurance Co. to Fire Department. See form below. MWEREREAIS 3 oc adi avertaetconts ion iiwe oe of the Town of .................. , in the Cotinty 06 csicccaua sis oa , and State of New York, was on the ............ Pay OF ssstown mnie , 190.., duly elected Overseer of the Poor of said Town. Now, THEREFORE, we, the said .............. » principal, and............ of the Town of ................ , his surety, do hereby, pursuant to Sec- tion 62 of the Town Law, jointly and severally undertake that the said ican Srianerapeicn tea will well and faithfully discharge the duties of his office, and will pay according to law all moneys that shall come into his hands as such Overseer. Dated this ............ GAY Of, wccecres anes de 190... STATH OF NEW YORK. County of............. 8s: OWL OP is sia cerssterecanns dnc es AY OB i ications » 190.., before me, the subscriber, personally appeared ................ BNO) sic wn ascod makes to me person- ally known to be the same persons mentioned in and who executed the foregoing undertaking and severally acknowledged that they executed the same. Justice of the Peace. County Of vcisesescavaaw ae Town. Ofvnss oe ciaeesevaice Sena UO RO IE the surety mentioned in the foregoing under- taking, being duly sworn, says that he is a resident and ................+. holder within this State, and is worth ................ Dollars, over and above all debts and liabilities which he owes or has incurred, and exclusive of property exempt by law from levy and sale on execution. SraTe of NEw YORE. } ss nsec inienteiohndae day of.......... 190... Justice of the Peace. I Heresy Approve of the foregoing undertaking, and of the sufficiency of the sureties therein named. § 570. Payment of tax by agents of foreign fire insurance corpo- rations to fire departments.—Except in the cities of New York and Buffalo there shall be paid to the treasurer of the fire department of every city or village of this State, whether incorporated or un- incorporated, having a fire department, company or organization for the use and benefit of such department, or to the treasurer of such fire department within the fire limits, a established by law, of an unincorporated village and when no treasurer of a fire depart- ment exists, then to the treasurer or other fiscal officer of such city or village, or in case of an unincorporated village to the supervisor of the town in which such village is situated who, for the purposes 340 Cu. Xiv.] TOWN OFFICERS—SUPERVISOR. Payment of Tax Foreign Fire Ins. Co. to Fire Department (Continued.) § 570 of this act, shall have the same powers as the treasurers of fire departments, on the first day of February of each year, by every person who shall act as agent for or on behalf of any foreign fire insurance corporation, association or individuals which insure property against loss or injury by fire, the sum of two dollars upon the hundred dollars, and at that rate, upon the amount of all premiums which during the year or part of a year ending on the last preceding thirty-first day of December shall have been received by such agent or person, or received by any other person for him, for any insurance effected or procured by him as such agent or broker against loss or injury by fire upon property situate within the corporate limits of such city or village, or within the fire limits of such unincorporated village. Every city, except the city of New York, village, fire department, fire, hose or hook and ladder company, fire district, or fire district association, firemen’s benevolent associations, exempt or veteran firemen’s associations, and every officer, board of officers and associations receiving any portion of the tax directed to be paid by this section or any similar provision of law, shall within ten days after the receipt of the same pay to the treasurer of the Firemen’s Association of the State of New York ten per centum of the amount so received by it or him for the support or maintenance of the Volunteer Firemen’s Home at Hudson, New York. On or before the first day of April in each year every such city, village, fire department, fire, hose or hook and ladder company, fire district, or fire district association, fire- men’s benevolent associations, exempt or veteran firemen’s associations, officer, board of officers and association shall, by its chief fiscal officer, treasurer or other officer whose duty it may be to receive such funds deliver to the treasurer of the Firemen’s Association of the State of New York a statement showing the name of each person or corporation from whom any such tax shall have been received and the amount paid by each, which statement shall be verified by the officer making the same to the effect that the same is correct and true and that such statement correctly shows the- amount of such tax received by such city, village, fire department, fire, hose or hook and ladder company, fire district or fire district association, firemen’s benevolent asso- ciations, exempt or veteran firemen’s associations, officer, board of officers and association since the first day of April in the preceding year. Any such city, village, fire department, fire, hose or hook and ladder company, fire district, or fire district association, fire- 34] TOWN OFFICERS—SUPERVISOR. [Cu. xiv. § 571 Undertaking of Agent of Foreign Fire Insurance Co. men’s benevolent associations, exempt or veteran firemen’s associations, officer, board of officers and association receiving any portion of such tax and failing to make and deliver such verified statement as herein provided or omitting to pay ten per centum thereof to the treasurer of the Firemen’s Association of the State of New York as provided herein within the time above allowed shall forfeit the sum of fifty dollars in addition to the amount of such tax, to be recovered in an action which may be maintained by said Firemen’s Association of the State of New York in any of the courts of this state. Insurance Law, § 133; as am’d by Laws 1901, chap. 726. § 571. Undertaking of agent—No person shall, as agent for any such foreign insurance corporation, association or individuals, effect any insurance upon any property situate in any city or vil- lage of this State upon which the sums specified in the preceding section are required to be paid, or as such agent procure such insurance to be effected, until he shall have executed and delivered to the officer to whom such account is to be rendered and such pay- ments to be made, a bond to such fire department in the penal sum of five hundred dollars, with such sureties as such treasurer, supervisor or other fiscal officer shall approve, with a condition that he will annually render to such treasurer, supervisor or other fiscal officer, on the first day of February in each year, a just and true account, verified by his oath that the same is true, of all premiums which, which during the year ending on the thirty-first day of December preceding such report, shall have been received by him or any other person for him for any insurance against loss or injury by fire upon property situated in such city or village, which shall have been effected or procured by him to have been effected by any such corporation, association or individuals, and that he will annually, on the first day of February in each year, pay to such treasurer or- supervisor or other fiscal officer two dollars upon every hundred dollars, and at that rate upon the amount of such premiums. Any such corporation, association or individual hav- ing authority to transact business in this State, on filing a bond in the penal sum of two thousand five hundred dollars with the superintendent of insurance that it will make its account and pav the sums so required to be paid, may effect such insurance in any city, town or village wherein it has no agent. Insurance Law, § 134. 342 CH. XIVv.] TOWN OFFICERS—SUPERVISOR. Penalty Refusing to Exhibit Foreign Policies, Railroad Bonds §§ 572,573 and Commissioners. The bond for this purpose can be adapted from the preceding forms em- bodying the conditions set forth in this section. § 572. Penalty for refusal to exhibit foreign policies——Every person whose property shall be insured in violation of section 135 of this chapter, and every person having the care or charge of property so insured, or of policies of insurance placed in violation of such section, as agent or trustee for another, who shall refuse or neglect to exhibit to the officer entitled by section 134 of this chap- ter to receive the per cent of premium in such section provided, all policies so placed upon such property, or shall neglect or refuse to give such officer full information as to when, by whom and in what corporation or corporations such property shall be so insured, and the name of the agent, broker or other person connected with the effecting of such insurance, upon demand being duly made by’ such officer shall become liable to an action by and in the name of the fire department, organization or company of which such officer shall be the treasurer for the sum of one hundred dollars for each such neglect or refusal. All persons acting as brokers between any such agent or any such corporation and the assured shall, within ten days after effecting any insurance specified in section 135, notify the officer entitled to receive the tax upon the premium upon such insurance of the fact of such insurance, together with the precise location of the property, the name of the insurer and the amount of the premium to be paid by the assured. Any broker willfully neglect- ing or refusing to comply with the provisions of this section shall be liable to a like action and like penalty brought in the like manner hereinbefore provided. Actions brought under this section must be tried in the county in which the property alleged to be so insured is situated. All moneys received pursuant to this section shall be appor- tioned and paid over in the same manner as provided in the preceding section of this chapter for the appointment and payment of moneys received pursuant to such section and under a like penalty. Insurance Law, § 136; 2 R. S. 1646. § 573. Railroad aid bonds and railroad commissioners — Bonds of guaranty companies.—Whenever a bond, recognizance, obligation, stipulation, undertaking or anything in the nature of either of the same is by law, municipal or otherwise, or the rules, B43 TOWN OFFICERS—SUPERVISOR. [Cu. x1v. § 573 Railroad Aid Bonds and Commissioners. regulations, orders, custom, practice or discretion of any board, body, organization, office or officer, local, municipal or otherwise, allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded, for the security or protection of, or by, or for any person, persons, corporation, body, officer, interest, municipality or other association or organization whatso- ever, in any any all capacities whatsoever, conditioned for the doing or not doing of anything, or for any conditions which may be provided for, in said bond, recognizance, obligation, stipula- tion, undertaking or anything in the nature of either of the same, specified, any and all corporations, associations, organizations, heads of departments, persons, officers, bodies, public officers and authorities, state, departmental, county, town, municipal or local, and any and all bodies, boards, courts, officers, judges, authorities, public or private, and municipalities, or the clerks or other offi- cers, or associates thereof, now or hereafter required or permitted to accept or approve the sufficiency of any such bond, recognizance, obligation, stipulation, undertaking or anything in the nature of either of the same, may, in the discretion of such corporations, associations, organizations, heads of departments, body, board, person, officer, court, judge, municipality or public officer, state, departmental, county, town, municipal or local, or other author- ity, public or private, or the clerks, or other officers or associates thereof, accept such bond, recognizance, obligation, stipulation, undertaking, or other thing required in the nature of either of the same, and approve the same whenever the same is executed, or the conditions thereof are guaranteed, solely by a corporation incor- porated under the laws of this State, or authorized to do business under the laws of this State, and authorized under its charter to execute the same or to guarantee the fidelity of persons holding places of public or private trust, and to guarantee the performance of contracts other than insurance policies, and to execute or guarantee bonds and undertakings required or permitted in all actions or proceedings or by law allowed; and whenever any such bond, recognizance, obligation, stipulation, undertaking or other ‘thing in the nature of either of the same is so required or permitted to be executed, made, given, taken, tendered, accepted, filed or recorded, with one surety, or with one or more sureties, the execution of the same, or the guaranteeing of the performance of the conditions thereof, shall be sufficient when executed or guaran- teed solely by such company so authorized and shall be accepted 344 CH. XIv.] TOWN OFFICERS—SUPERVISOR. Proviso Acceptance of Guaranty, Duty of Supt. of Ins. when Lia- § 574 bilities Exceed Assets. and taken and approved as in all respects a full and complete compliance with every requirement of every law, ordinance, order, by-law, custom, practice, rule, or regulation, or other authority whatsoever, that such bond, undertaking, recognizance, obligation, stipulation or anything in the nature of either of the same shall be executed, entered into, joined in, made, tendered, given, filed, recorded or guaranteed by one surety, or by one or more sureties, or that such sureties shall be residents or householders or free- holders or possess any other qualifications; and any and all cor- porations, associations, organizations, heads of departments, courts, persons, officers, bodies, judges, boards and municipalities, and any and all public officers and authorities, state, departmental, county, town, municipal or local, or authority, public or private, or the clerks or other officers or associates thereof, whose duty it may or shall hereafter be to pass upon, accept, report on or ap- prove the sufficiency of any such bond, recognizance, obligation, stipulation, undertaking or anything in the nature of either of the same may accept the same when entered into, joined in, made, tendered, given, filed, recorded, executed or guaranteed solely by such a company or corporation, and all such corporations so incorporated under the laws of this State, or so authorized to do business under the laws of this State, and so authorized under its charter are hereby vested with full power and authority to execute or guarantee any and all such bonds, recognizances, stipulations or undertakings, or other things in the nature of either of the same, whether given under the laws of this State, or of the United States, or of any state or country. Laws of 1893, § 1, chap. 720, as am’d by chap. 178, Laws of 1895; 2 R. S. 1686. Proviso as to acceptance of guarantee, ete.—It is further provided that the guarantee of any such company shall not be accepted by heads of departments or others, as provided in section one of this act, whenever its liabilities shall have been ascertained in the manner provided in section three of this act, to exceed its assets. Id., § 2, 2 R. S. 1687. § 574, Duty of superintendent of insurance when liabilities ex- ceed assets—Whenever the liabilities of any such company shall exceed its assets, the superintendent of the insurance department shall require the deficiency to be paid up within sixty days, and if it is not so paid up, then he shall issue a certificate showing the 345 TOWN OFFICERS—SUPERVISOR. [Cu. x1v. § 575 Same, Statement and Examination Required. extent of such deficiency, and he shall publish the same once a week for three weeks in the State paper, and thenceforth and until such deficiency is paid up such company shall not do business under the provisions of this act. And in estimating the condition of any such company under the provisions of this act the superin- tendent and such heads of the departments, courts, judges, boards, municipalities and public officers shall allow as assets only such as are authorized under existing laws at the time, and shall charge as liabilities in addition to the capital stock all outstanding indebt- edness of the company, and a premium reserve equal to fifty per centum of the premiums charged by said company on all risks then in force. Nothing herein contained shall apply to bonds given in criminal cases. Laws 1893, chap. 720, § 3 as am’d by L. 1895, chap. 178; 2 R. S. 1687. § 575. Statements and examinations, court may require—To be received as given in justification upon bonds, etc.—Further justifica- tion not required—The supreme court in the judicial department which includes the county in which the principal place of business in this State of any such company shall be located, may, at any time, and as frequently as said court shall deem requisite, require such company to file with the clerk of said county a sworn statement of its condition, and may also require such company, through one or more of its officers, to submit to an examination as to its solvency under the rules prescribed by section three of this act by a referee appointed by and under the direction of said court. Such statement and examination, when filed with said clerk, or a certified copy thereof, when filed with any other clerk of the Supreme Court, or with any other court, or with any of the persons, bodies, or officers mentioned in the first section of this act, shall be received and considered as given in justification upon any and all bonds and undertakings or other instruments executed or guaranteed by such company, which shall thereafter be presented to any of the said persons, bodies or officers for ap- proval. Any such person, body or officer may, in his diseretion, if he or it deems such justification sufficient, approve and accept such bond, or undertaking or other instrument without further justification, or he or it may direct such further justification through the officers of such company as he shall deem requisite, either limited to any particular matter relating to the condition of such company, or generally. Laws 1893, chap. 720, § 4 as am’d LL, 1895, chap. 178; 2 R. S. 1688. 346 CH. XxIv.] TOWN OFFICERS—SUPERVISOR. Filing Papers, Bonds, etc., Supervisor’s Duties at Annual Board §§ 576-578 Meeting, Sale Town Property. § 576. Filing papers, bonds, ete—AIl such papers should be indorsed so as to show what they contain, together with the fact and date of their reception. The following form may be used: TOWN OF ............ JoHN DoE to RicwaRD Rog, as Supervisor of the town of .......... Official Bond of JoHn Dog, as Overseer of the Poor for the year 190... TOWN OF ...... CLERK’S OFFICE, a3 The within bond was duly filed in said office this Town Clerk. | § 577. Supervisor’s duty to—Annual meetings of board, ete.—A’ supervisor is required to attend the annual meeting of the board of supervisors of the county, and every adjourned or special meet- ing of which he shall have notice, and present to such board the town audits, and such other accounts and demands against the town, and such reports and statements as he may be required by law to present to such board. Town Law, § 80, subd. 6; 3 R. 8. 3219; see also § § 358, 555, 558 ante. § 578. Sale of town property.—The supervisor of each town shall sell and convey in the name of the town property owned by it, when directed by a town meeting. Town Law, § 80, subd. 7, added by chap. 377, Laws of 1900. 847 TOWN OFFICERS—SUPERVISOR. [CH. xiv. §§ 579,580 Special Constables, Fines Directed by Supervisor. § 579. Special constables, appointment of.—The supervisor and two justices of the peace of any town, may, when in their judg- ment necessary for the preservation of the public peace during any period of three days or less, appoint five or less special con- stables of such town for such period. Duplicate certificates of the appointment, signed by such supervisor and such justices of the peace as such, shall be delivered to each of such special con- stables, specifying the days for which he is so appointed, and one of such duplicates shall be by such special constables filed with the town clerk of said town. The supervisor of such town shall cause to be provided and furnished to each of such special con- stables a badge on which shall be plainly printed the words “ special constable,’ which shall be worn conspicuously by each of such special constables while serving as such, and be delivered by him on the completion of his service to the supervisor of such town, who shall preserve the same for future use and deliver the same to his successor in office, who shall preserve the same when not in use. Each of such special constables, while in office as such, shall be a peace officer, and have all the powers and be sub- ject to all the duties and liabilities of a constable of such town in all criminal actions and proceedings and special vroceedings of a criminal nature, and shall be entitled to receive compensation from the town at the rate of two dollars per day during his term of office. Town Law, § 41, as am’d by chap. 481, Laws of 1897; 3 R. S, 3213; see § 410 ante. § 580. Supervisors may direct fines, etc., to be paid.—Boards of supervisors shall have power to direct the payment, by justices of the peace, of all fines and penalties imposed and received by them, to the supervisors of their respective towns, on the first Monday in each month, and to direct justices of the peace to make a verified report of all fines and penalties collected by them to the board of town auditors of their respective towns on Tuesday preceding the annual town meeting. Upon payment to the super- visor of any town as prescribed by this act, such supervisor shall immediately pay over such part of such fines and penalties to any person or corporation entitled to receive such amount by virtue of any statute, special or otherwise. The residue of such amount shall be applied to the support of the poor of such town. This act shall not apply to the county of New York or Kings. § 1, chap. 685, Laws of 1894; 3 R. S. 3216. 348 CH. XIv.] TOWN OFFICERS—SUPERVISOR. Fines to be Paid to Overseer or Supt. Poor, Prosecution for §§ 581-584 Penalties, Fires in Woods. § 581. Fine to be paid to overseer or superintendent of the poor.—An officer, who collects or receives a fine, imposed by a jus- tice of the peace for a contempt, must, within ten days thereafter, pay the money, for the benefit of the poor, to the overseer or super- intendent of the poor of the town, city, or district, wherein the fine was imposed; or, where there is no such officer, to the officer or officers performing corresponding functions under another name; unless the board of supervisors has directed the payment of fines and penalties to the supervisor of the town in a case where it is authorized by law so to do. Code Civ. Pro. § 2875. § 582, Supervisor to prosecute for penalties—The supervisor shall prosecute in the name of his town, for all penalties given by law to such town for its use and for which no other officer is specially directed to prosecute. Town Law, § 80, subd. 2; 3 R. S. 3218. With the exception of suits for penalties brought by the supervisor as above prescribed, he has no power to begin or to defend suits, or to employ an attorney so to do. The town board has exclusive authority to retain an attorney to prose- eute or defend a litigation which concerns the town, except that the super- visor may sue in the name of the town for all penalties given by law for its use and for which no other officer shall be directed to prosecute. The governing board of the town is the “town board.” Adee vy. Arnow, 91 Hun, 329. People v. Wood, 12 N. Y. Supp. 436. § 583. Fires in woods.—Whenever the woods in any town shall be on fire, it shall be the duty of the justices of the peace, the supervisor and commissioners of highways of such town, and of each of them, to order such and so many of the inhabitants of such town liable to work on the highways, and residing in the vicinity of the fire, as they shall severally deem necessary, to re- pair to the place where such fire shall prevail, and thereto to assist in extinguishing the same, or in stopping its progress. Town Law, § 82. Supervisors as fire wardens and the powers, duties and compensation of fire wardens, see Forest, Fish and Game Laws, § § 225, 227. Refusal to assist in extinguishing a fire is a misdemeanor. Penal Code, §§ 413, 414. § 584, Chief fire warden—The forest, fish and game commis- sion shall appoint a chief fire warden who shall have supervision 349 TOWN OFFICERS—SUPERVLSOR. | CH, xiv. §§ 585, 586 Fire Wardens ‘and Duties, of town fire wardens, visit and instruct them in their duties and enforce the law as to fire districts in towns. Forest, Fish and Game Law, § 224a, added by Laws 1901, chap. 326, as am’d by Laws 1904, chap. 590. § 585. Fire wardens and fire districts—The commissioner may from time to time in every town having lands which are part of the forest preserve, and may in every town having lands which would become part of the forest preserve if acquired by the state, appoint a fire warden who shall act during the pleasure of the commission. When required by the commission, such fire warden shall, and any such fire warden may establish two or more fire districts in his town. He may also by a written appointment filed in the town clerk’s office, from time to time appoint a resident citizen in cach district as district fire warden who shall act during the pleasure of the fire warden. In every other town the super- visor shall be fire warden by virtue of his office. If the supervisor be absent when fire occurs, or fails to act, and justice of the peace in the town may act as fire warden. If in a town situated in a county containing lands of the forest preserve, the commission is unable to find a suitable person who will accept the position of fire warden, then the supervisor of that town shall act as fire warden and discharge all the duties devolving on that office by law, and shall promptly make to the chief fire warden a report of each forest fire that occurs in his town. Forest, Fish and Game Law, § 225, as am’d by Laws 1903, chap. 442. Laws 1904, chap. 590. § 586. Duties of fire wardens—Under the commission a fire warden charged with preventing and extinguishing forest fires in his town, during a season of drought may with approval of the commission establish a fire patrol in his town. In ease of fire in or threatening forest or woodland, the district fire warden, if any, or if none, the fire warden shall attend forthwith and use all neces- sary means to confine and extinguish the same. The fire warden may destroy fences or plow land, or in an emergency, set back- fires to check fire. Either the fire warden or a district fire warden may summon any resident of his town to assist in putting out fire. And person summoned who is physically able and refuses to assist, shall be liable to a penalty of ten dollars. An action for trespass shall not lie against persons crossing or working upon lands of another to extinguish fire. In case a forest fire burn over more 350 Cu. xIv.] TOWN OFFICERS—SUPERVISOR. Fire Wardens, Compensation, To Clear Lands, ete. §§ 587,588 than acre of land, the fire warden of the town in which it occurs shall make a report thereof to the commission, giving the area burned over, the quantity of timber, wood, logs, bark or other forest products, and of fences, bridges and buildings destroyed, with an estimate of the value thereof. He shall also report the cause of such fire, and the means used in putting it out. Forest, Fish and Game Law (Laws 1900, chap. 20) § 226 as am’d by Laws 1904, chap. 590. § 587. Compensation of fire wardens and others employed at fires. —fFire wardens and district fire wardens shall receive two dollars and a half a day for time actually employed at forest fires or in the prevention thereof. Each town board of audit may fix the price to be paid per day, not exceeding two dollars, for service of labor- ers at forest fires in their respective towns, and serve notice thereof on their town fire wardens and on the forest, fish and game commission. If necessary to protect land in the forest pre- serve the commission may direct the employment of laborers at not exceeding two dollars a day, and such direction shall be bind- ing on the towns. All services rendered at forest fires or in the prevention thereof shall be a town charge. In towns where fires wardens are appointed by the commission, bills for services at fires must be approved by the fire warden and a duplicate bill with his approval and a certificate of the board of town auditors showing the bill has been paid, filed with ‘the commission. On approval of the bills filed with the commission, the comptroller shall pay one-half the amount so expended in any such town, to the town. Forest, Fish and Game Law, § 227, as amended by Laws of 1900, chap. 609, and Laws 1901, chap. 519. “The Forest Preserve” includes the lands owned or hereafter acquired by the State within the counties of Clinton (except in the towns of Altona and Dannemora), Delaware, Essex, Franklin, Fulton, Hamilton, Herkimer, Lewis, Onedia, St. Lawrence, Saratoga, Warren, Washington, Greene, Ulster and Sullivan except 1. Lands within the limits of any village or city, and 2. Lands not wild lands acquired by the State on foreclosure of mortgages made to the commissioners: for loaning certain moneys of the United States, usually called the United States Deposit Fund. Id., § 216. § 588. Fires to clear land—F allows, stumps, logs, brush, dry grass or fallen timber, shall not be burned in the territory herein- after described from April first to May thirty-first both inclusive, or from September sixteenth to November tenth both inclusive. 351 TOWN OFFICERS—SUPERVISOR. [CH. xv, § 589 Fire Wardens, Clearing Lands, Forest Fires, ete. From June first to September fifteenth both inclusive, such fires may be set therein if written permission of the fire warden or district fire warden of the town or district in which the fire is set has been first obtained. If in a locality near forest or wood- land, the fire warden or district fire warden shall be personally present when the fire is started. Such fires shall nét be started during a heavy wind or without sufficient help present to control the same, and the same shall be watched by the person setting the fire until put out. Any person violating any provision of this section is guilty of a misdemeanor, and in addition thereto is liable to a penalty of three hundred dollars. This section applies to Hamilton county; to the towns of Minerva, Newcomb, North Hudson, Schroon, Keene, Jay, Lewis, North Elba, Saint Armand, and Wilmington, Essex county; the towns of Waverly, Harriets- town, Brandon, Santa Clara, Brighton, Belmont, i‘ranklin, Duane and Altamont, Franklin county; the towns of Hopkinton, Colton, Clifton, Fine, Edwards, Piteairn, Clare, Russell, Piercefield and Parishville of St. Lawrence county; the towns of Diana, Croghan, Watson, Greig, and Lyonsdale of Lewis county; to the towns of Webb, Wilmurt, Ohio, Salisbury and Russia, I[ler- kimer county; the towns of Forestport and Remsen, Oneida county; the towns of Stratford, Caroga, Bleecker, and Mayfield, Fulton county; the towns of Day, Edinburg, Hadley and Corinth, Saratoga county; the towns of Johnsburgh, Thurman and Stony Creek, Warren county; the towns of Putnam, Dresden, and Fort Ann, Washington county; the towns of Altona, Danne- mora, Ellenburgh, Saranac and Black Brook, Clinton county; the towns of Denning, Hardenburgh, Shandaken, Olive, Rochester, Wawarsing and Woodstock, Ulster county; the towns of Neversink and Rockland, Sullivan county; the towns of Andes, Colchester, Hancock and Middletown, Delaware county; the towns of Hunter, Jewett, Lexington and Windham, Greene county. Forest, Fish and Game Law, § 229, as amended by Laws 1903, chap. 186. § 589. Forest fires prohibited—A person who wilfully or neg- ligently sets fire to waste or forest lands of the state or of a private person or who suffers a fire on his own lands to extend therefrom or to state lands is guilty of a misdemeanor and may be impris- oned not more than one year and be liable to pay a fine of not more than two hundred and fifty dollars or both. He shall also 852 Cu. xIv.] TOWN OFFICERS—SUPERVISOR. Town Clerk, Furniture, Sign, Removal Cemetery, Habitual Crim- §§ 590-594 inals. be liable to the state or any person for the damages caused by such wrongful act. Forest, Fish and Game Laws, part of § 230, as am’d by Laws 1901, chap. 519, Laws 1904, chap. 590. § 590. Proceeds of actions for forest fires—Moneys received in the name of the people for violations of sections two hundred and four, two hundred and twenty-eight, two hundred and twenty- nine, and two hundred and thirty of this act, shall be paid to the commission who shall apply so much thereof as may be necessary to the payment of the expenses of collection and shall pay one-half of the balance, not exceeding in any one case fifty dollars, to the fire warden or district fire-warden upon whose information the action was brought. The balance of such receipts shall be avail- able for enforcing the various provisions of law for the protection of forests against fire. Forest, Fish and Game Laws, § 231, as added by Laws 1901, chap. 491. § 591. Furniture and blank books for town clerk’s office.— Suitable furniture, blank books and supplies shall be furnished for town clerk’s office. Town Law, § 85; see §§ 466 ante and 682 post. § 592. Sign for town clerk’s office—There shall be furnished a proper sign for town clerk’s office. Town Law, § 86; see ante 564 and § 679, post. § 593. Removal of remains to other cemeteries—The super- visor of any town containing a private cemetery may remove any dead bodies or human remains interred in such cemetery to any other cemetery within such town, if the owners of such cemeteries and the persons residing within the State who are next of kin of such deceased persons consent to such removal. The owners of such cemeteries may remove the remains of deceased persons interred therein to any cemetery within such town, or to some cemetery designated by the persons who are next of kin of such deceased persons. Notice of such removal shall be mailed or served personally upon the next of kin of such deceased person, if known to such owners, within ten days of such removal. Laws 1854, chap. 112, § 11, as am’d by chap. 463, Laws 1897. § 594, Supervision of habitual criminal—The person of an ha- bitual criminal shall be at all times subject to the supervision of 23 853 TOWN OFFICERS—SUPERVISOR. [Cu. xiv. §§ 595-597 Mutual Insurance Companies, Incorporation of Villages. every judicial magistrate of the county and of supervisors and overseers of the poor of the town where the criminal may be found, to the same extent that a minor is subject to the control of his parent or guardian. Penal Code, § 691. Power to adjudge a person an “ habitual criminal” is given to the courts. Id., § 690; Code Crim. Pro. §§ 510, 511, 512, 513, 514. The judgment is to be duly entered in a book provided for that purpose. A copy of the entry, duly certified by the clerk, is proof of the judgment. Code Crim. Proc. § 511. § 595. Mutual fire insurance companies.—The incorporation of such companies is provided for by the Insurance Law. They shall not commence business if located in New York or Kings county, nor establish agencies until agreements have been entered into for insurance with four hundred applicants, the premiums on which shall amount to $200,000, of which $40,000 shall have been paid in, in cash and notes of solvent parties founded on actual and bona fide applications for insurance shall have been received for the remainder. In other counties two hundred appli- cants, with premiums amounting to $100,000 of which $20,000 shall be cash and notes of solvent parties, founded on actual and bona fide applications for insurance, shall have been received for the remainder. * * * Such notes shall be called capital stock notes. * * * No note shall be received as a capital stock note unless accompanied by certificate of a justice of the peace or su- pervisor of the town or city where the person making it shall reside that the maker is, in his opinion, pecuniarily good and responsible for the same. Insurance Law, part of § 111; 2 R. S. 1634-1635. § 596. State bounty for panthers—The statute authorizing the payment of a bounty for panthers has been repealed. Forest, Fish and Game Law, § 234, as renumbered by Laws 1900, chap. 607. § 597. Incorporation of villages.—Provisions for the incorpora- tion of villages are embodied in the general Act of 1897, known as the village law. Laws 1897, chap. 414. 354 CH. xIv.] TOWN OFFICERS—SUPERVISOR. Incorporation of Villages, Requisite Population, Consent, ete. §§ 598, 599 § 598. Requisite population—A territory not exceeding one square mile, or an entire town, containing in either case a popu- lation of not less thgn two hundred, and not including a part of a city or village, may be incorporated as a village under this chapter. But if a part of the territory of the town, which town has a popu- lation of not less than 10,000, has already been included in a city or village, then the whole or any part of the remaining territory may be incorporated as a village under this chapter if the popu- lation shall not be less than 1,000. Village Law, § 2, as am’d Law 1899, chap. 154, am’d 1904, chap. 35. § 599. Proposition for incorporation and consent of property owners.—Twenty-five adult freeholders residing in such territory may institute a proceeding for the incorporation thereof as a vil- lage, by making and delivering to the supervisor of the town in which such territory is situated, or if situated in two or more towns, to the supervisor of each of such towns, a proposition in substantially the following form: Proposition for the incorporation of the village of .......... The undersigned adult resident freeholders of the territory here- inafter described propose the incorporation thereof by the name of The territory proposed to be incorporated does not exceed one square mile and is bounded and described as follows: (or, the territory proposed to be incorporated is the entire town of shassteddpstahors ers, or the territory proposed to be incorporated is bounded and described as follows ............ and has a popu- lation of over 1000 and is a part of the town of ............ which town has a population of not less than 10,000, and a part of the territory of such town is already incorporated in a city or one or more villages namely ............ Ne Such territory contains a population of ............ » aS ap- pears from the enumeration hereto attached. ATE: pena ete ans (Signatures and residences. ) The proposition shall be signed by the persons proposing such incorporation, with the addition of the town in which they respect- ively reside. There shall be attached to said proposition and de- livered to said supervisor or supervisors concurrently therewith, a written consent to the proposed incorporation in substantially the following form: 355. TOWN OFFICERS—SUPERVISOR. [Cu. xiv. §§ 600,601 Incorporation of Villages, Notice and Hearing of Proceedings. Consent to the proposed incorporation of the village of ....... The undersigned, owners of one-third in value of the real prop- erty within the territory described in the Pr@position hereto at- tached, as assessed upon the last preceding town assessment-roll, hereby consent to the incorporation thereof as in said proposition set forth. Dated, ............ . Signatures, Residences, Assessments. The said consent shall be signed by owners of real property situate within such territory constituting one-third in value there- of, as assessed upon the last preceding town assessment-roll, with the addition of their places of residence and the assessments of their said real property, respectively. A list of the names of the inhabitants of such territory shall be attached to and accompany the proposition. At the time of the delivery of the proposition the sum of fifty dollars shall be deposited with one of the super- visors for the purchase specified in this article. Village Law, § 3, as am’d by Laws 1903, chap. 139 and Laws 1904, chap. 35, § 3; see Laws 1905, chap. 259, validating and confirming rein- corporation of certain villages. § 600. Notice of hearing—Within ten days after the receipt of such proposition the supervisor or supervisors shall cause to be posted in five public places in such territory and also published at least twice in each newspaper published therein, a notice, that a proposition for the incorporation of the village of (naming it) has been received by him or them, that at a place in such territory and on a day, not less than ten nor more than twenty days after the date of posting such notice, which place and date shall be specified therein, a hearing will be had upon such proposition; and that such proposition will be open for public inspection at a specified place in such territory until the date of such hearing. Village Law, § 4. $ 601. Proceeding on hearing.—The supervisor or supervisors shall meet at the time and place specified in such notice, and shall hear any objections which may be presented against such incorpora- tion upon either of the following grounds: 1. That a person signing such proposition is not qualified there- for, or 356 CH. xiv.] TOWN OFFICERS—SUPERVISOR. Incorporation of Villages, Decision of Supervisor, Appeal, ete. §§ 602, 603 2. That the persons signing such consent are not the owners of one-third in value of the real property within such territory, as assessed upon the last preceding town assessment-roll, or 3. That, if the territory is less than an entire town, it contains more than one square mile, or is a part of a town having a population of less than 10,000 and that part of the territory of such town is not already incorporated in a city or in a village and has a population of less than 1,000. 4. That the population of the territory is less than two hun- dred. All objections must be in writing and signed by one or more resident taxpayers of a town in which some part of the proposed village is situated. Testimony may be taken on such hearing, which shall be reduced to writing, and subscribed by the witnesses. The hearing may be adjourned, but must be concluded within ten days from the date fixed in the notice. Village Law, § 5, as am’d by Laws 1899, chap. 154; Laws 1903, chap. 139 and 1904, chap. 35. § 602. Decision of supervisor—Within ten days after such hearing is concluded the supervisor or supervisors shall determine whether the proposition, consent and papers filed therewith com- ply with this chapter, and shall within such time make and sign a written decision accordingly, and file it or a duplicate thereof in the office of the town clerk of each town in which any part of such proposed village is situated. The proposition for incorporation, consent and papers attached thereto, a copy of the notice, the objections, testimony and minutes of proceedings taken and kept on the hearing; shall also be filed with such decision in one of such town clerk’s offices. If the decision be adverse to the proposition, it shall contain a brief statement of the reasons upon which it is based. If no appeal be taken from such decision within ten days from the filing thereof, it shall be final and conclusive. Village Law, § 6, as am’d by Laws 1903, chap. 139. § 603. Notice of appeal from decision of supervisor.—If{ the decision sustains the proposition for incorporation, a resident tax- payer of a town in which any part of such proposed village is sit- uated may appeal therefrom by serving a notice of appeal upon each town clerk with whom the decision was filed, and on at least three of the persons who signed the proposition. If the decision be adverse, five of the persons who signed: the proposition may. join 357 TOWN OFFICERS—SUPERVISOR. [Cu am §§ 604-606 Incorporation of Villages, Appeal, Election and Notice. in an appeal therefrom, by serving a notice of appeal upon each town clerk with whom the decision was filed, and on each person who signed objections to the proposition. All appeals shall be taken to the county court of the county in which the proposition, notice, objections and testimony are filed, and the notice of appeal must be served within ten days after the filing of the decision. The town clerk with whom the proposition and other papers are filed must, within five days after service upon him of the notice of appeal, transmit all such papers to the county judge. Village Laws, § 7. § 604. Hearing and decision of appeal_—A person, except a town clerk, by or upon whom the notice of appeal is served, may bring on the appeal for argument before the county court, upon a notice of not less than ten nor more than twenty days. Such no- tice must be served upon all parties to the appeal, except a town clerk. The county court shall hear such appeal, and, within ten days after the date fixed in the notice of argument, shall make and file an order affirming or reversing the decision. The county judge shall file such order, together with the papers upon which the ap- peal was heard, with the town clerk by whom the papers were transmitted to him. Such order shall be final and conclusive. No costs of appeal shall be allowed to any party. Village Law, § 8. § 605. When election may be held.—An election to determine the question of incorporation upon such proposition shall be held in either of the following cases: 1. Where a decision has been made sustaining the proposition, and an appeal has not been taken therefrom. 2. Where an appeal has been taken from a decision sustaining the proposition, and such decision has been affirmed by the county court. 3. Where an appeal has been taken from an adverse decision, and the decision has been reversed by the county court. Village Law, § 9. § 606. Notice of election—Within five days after the right to an election is complete the town clerk with whom the proposition and other papers are filed shall give notice of an election to be held in such territory at a specified time and place. The notice shall be 358 CH. xiv.] TOWN OFFICERS—SUPERVISOR. Incorporation of Villages, Conduct of Elections. §§ 607, 608 signed by the town clerk and posted in ten conspicuous places in such territory, and also published at least twice in each newspaper published therein, and it shall fix a time for such election, not less than fifteen nor more than twenty-five days from the date of the posting thereof. Such election shall be held at a convenient place in such territory between the hours of one o’clock in the afternoon and sunset, but shall not be held upon the day of a town meeting or of a general election in a town in which any part of the pro- posed village is situated. Village Law, § 10. § 607. Conduct of election—Such election shall be held at the time and place specified. The town clerk giving such notice shall serve a copy thereof upon the supervisor and town clerk of each town, in which any part of the proposed village is situated, at least ten days before the date fixed for such election. Two or more of such officers, including the town clerk giving such notice, shall constitute the board of inspectors to conduct such election. If only one of the officers attend at the time and place fixed for the election, he shall appoint an elector of such territory to act with him as an inspector of such election. If no officer attend, the electors present may choose two of their number to act as inspectors. The inspectors shall file the constitutional oath of office with the town clerk .with whom the proposition was filed. Such inspectors of election shall possess all the powers conferred by law upon a board of inspectors of election at a town meeting, so far as the same are applicable. The ballot at such election may be either written or printed, and shall contain either the words “for incorporation,” or “ against incorporation.” Village Law, § 11. : Ballot and conduct of an election need not conform to the election law. Village of Harrisville v. Lawrence, 66 Hun, 304. Matter of Taylor, 150 N. Y. 243. § 608. Qualification of electors—Each elector qualified to vote at a town meeting, who has been a resident of such territory for at least thirty days next preceding such election, and who is the owner of property within such territory which was assessed upon the last assessment-roll of the town, may vote at such election. ‘A woman who possesses the qualifications to vote at a town meeting, except the qualification of sex, and who has been a resident of such territory for at least thirty days next preceding such election, 359 TOWN OFFICERS—SUPERVISOR. [Cu. xiv. §§ 609-611 Incorporation of Villages, Voters, Ballot Box, Canvass and New Election. and who is the owner of property, within such territory which was assessed upon the last assessment-roll of the town, may vote at such election. Village Law, § 12, as am’d by Law 1906, chap. 404. Qualification of voters—A voter at a village election, other than the first, must possess the following qualifications: 1. To entitle him to vote for an officer, he must be qualified to vote at a town meeting of the town in which he resides, and must have resided in the village thirty days next preceding such elec- tion. 2. To entitle him to vote upon a proposition, he must be entitled to vote for an officer, and he must also be the owner of property in the village assessed upon the last preceding assessment-roll thereof. A woman who possesses the qualifications to vote for village officers, except the qualifications of sex, who is the owner of property in the village assessed upon the last preceding assess- ment-roll thereof, is entitled to vote upon a proposition to raise money by tax or assessment, or for the dissolution of the village. Village Law, § 41. as am’d by Law 1906, chap. 404. § 609. Ballot boxes where territory is in more than one town.— If the proposed village is situated in more than one town, a sepa- rate ballot box shall be provided for each town, and the ballot of each person voting at such election shall be deposited in the ballot- box assigned to the town in which he resides. Village Law, § 13. § 610. Canvass of election.—Immediately after the closing of the polls of the election the board of inspectors shall canvass the ballots cast thereat, and make and sign a certificate of the holding of the election and of the canvass, showing, if the territory is wholly within one town, the whole number of such ballots, the number for incorporation, and the number against incorporation ; or if it includes parts of two or more towns, showing such facts separately as to each town. Within three days after the election, the inspectors shall file such certificate in the office of the town clerk with whom the proposition and other papers are filed. Village Law, § 14. § 611. New election—If the election be set aside on appeal, a new election shall be held. The right to such an election shall be 360 CH. xIv.] TOWN OFFICERS—SUPERVISOR. Village Incorporation, Compensation and Expense. §§ 612-614 complete upon the filing of the decision on appeal with the town clerk. He shall thereupon give notice of another election. All the provisions herein contained regulating tke first election apply to proceeungs for a new election, including the service and posting of notices, the conduct of the election, the canvass and certification of the result, and appeals therefrom. A new election shall be held in like manner if any election is set aside on appeal. Village Law, § 20. As to second election when first election void, see People v. Snedeker, 16 N. Y. 350. § 612. When village deemed incorporated.—If the territory is. wholly within one town, and a majority of the votes cast is in favor of incorporation, or if it includes parts of two or more towns and a majority of the votes cast in each town is in favor of in- corporation, then such territory shall become and be an incor- porated village under this chapter from and after the date of such election, unless the election is set aside on appeal as herein pro- vided. Village Law, § 21. When word “village” means incorporated village, see Statutory Con- struction Law, § 22. Admission by village establishes incorporation. Fox v. Village of Fort Edwards, 48 Hun, 365. § 613. Compensation for services under this article—The fol- lowing compensation is payable for services under this article: 1. To supervisors for services in connection with the proposition for incorporation, two dollars for each day actually and necessarily spent by them. 2. To town clerks, the compensation allowed by law for other similar services, and for services the compensation for which is. not fixed by law, two dollars for each day actually and necessarily spent by them. 3. To electors acting as inspectors of election, two dollars for each day actually and necessarily spent in such service. Village Law, § 23. § 614. Payment of expenses if village not incorporated.—if the incorporation of the proposed village be not effected by the pro- ceedings authorized in this article, the fees and expenses of the 361 TOWN OFFICERS—SUPERVISOR. [ Cu. xiv. §§ 615, 616 Expense of Incorporation of Village, First Election Officers, town officers or other persons performing official services shall be paid from the fund deposited with the supervisor. If the persons making such deposit and the officers and persons entitled to com- pensation for services in such proceedings do not agree upon the amounts payable therefor, such fees and expenses shall be taxed by the county judge of the county in which the proposition was filed, and the amounts taxed by him shall be paid to the persons entitled thereto. The remainder of the sum deposited, if any, or if the proceed- ings result in the incorporation of the village, the whole of such deposit, shall be returned to the persons making it by the su- pervisor on demand. Village Law, § 24. § 615. Payment of expenses of incorporation.—The following expenses incurred in the proceedings for incorporation shall be a charge against the village: 1. The reasonable necessary expenses incurred by the persons signing the proposition prior to the delivery thereof to the super- visor. 2. If on appeal from the decision of the supervisor the proposi- tion for incorporation be sustained, the reasonable necessary ex- penses on such appeal, not exceeding fifty dollars, incurred by the persons signing the proposition. 3. The fees payable to town officers and to electors acting as in- spectors of election for services performed by them under this article and their necessary disbursements. Village Law, § 25, as am’d Laws 1905, chap. 404. 4. If on appeal for a certificate of election showing that a majority of the votes cast at an election held under this article is in favor of incorporation the election is finally sustained, the reasonable and necessary expenses of such appeal in county court and appellate division incurred by those appealing in support of the validity or regularity of such election. Cost or expense not allowed for appeal involving merely the regularity of an election, see Village Law §§ 17, 18. § 616. First election of officers, when held.—An election of offi- cers of the village shall be held in either of the following cases: 1. After the lapse of ten days from the filing of the certificate of election showing the incorporation, unless an appeal has been taken therefrom. 362 Cu. xiv.] TOWN OFFICERS—SUPERVISOR. Diminishing Boundaries of Villages. § 617 2. If such an appeal has been taken, after the lapse of ten days from the filing of the decision of the county court sustaining the election, unless an appeal has been taken therefrom. 3. If an appeal has been taken from the decision of the county court, after the filing of the decision of the appellate division of the supreme court sustaining the election. Village Law, § 26. The provisions of the act for incorporation of villages, Laws 1870, chap. 291, § 9, have not vbeen changed or repealed by the changes in the general election laws or laws requiring town elections to be had by means of official ballots or ballot machines and still regulates the method of voting on the proposition of incorporating a town or parts of towns into a village. Matter of Taylor, 150 N. Y. 242. § 617. Diminishing boundaries of villages—The boundaries of a village may be diminished by excluding from its corporate lim- its, territory abutting upon a street, which is not adjacent to nor benefited by either street or sidewalk improvements, electric lights, sewers, waterworks system or fire protection, when any of such benefits, improvements or system have been completed in a village. A petition for diminishing the boundaries of a village by excluding territory therefrom may be presented to the board of trustees of such village. Such petition shall describe the territory sought to be excluded, and shall state the number of inhabitants thereof and the names of the owners and occupants of each parcel of land therein, and shall be signed and duly acknowledged by the owners of a majority in value of the real property sought to be excluded. Each person signing such petition shall state opposite his name the assessed valuation of all property owned by him in such ter- ritory, together with the amount of village taxes paid thereon during the preceding year. Such statement of assessed valuation and taxes paid shall be duly verified by each person signing such petition. The petition must also be accompanied by the consent in writing of the supervisor of the town in which the territory to be excluded is situated. Upon the presentation of such petition and consent, the board of trustees shall, if it appears that the exclusion of such territory will not decrease the number of in- habitants remaining in the village so as to change its class, cause a proposition for so diminishing such boundaries to be submitted at the next succeeding annual village election, or a special election called for the purpose of voting upon such proposition. If the proposition be adopted, the petition, consent and certificate of the 363 TOWN OFFICERS—SUPERVISOR. [ CH. xiv. § 618 Organization Fire Companies Unincorporated Villages. result of the vote cast upon the proposition shall be recorded in the village book of records. The diminishing of such boundaries shall take effect thirty days after such election. Within ten days after the adoption of such proposition, a certificate containing a description of the territory sought to be excluded, stating the assessed valuation thereof and the number of inhabitants therein, shall be filed in the town clerk’s office of each town, and in the county clerk’s office of each county in which the village is wholly or partly situated, and also in the office of the secretary of state. Territory so excluded from the village shall not be relieved from bearing its proportionate share of any liability or indebtedness incurred by such village while such territory was a part thereof, and until such liability is discharged, or such indebtedness paid, the proportionate share to which such territory would be liable if it had not been excluded shall be levied upon, assessed and collected from such territory by the proper officers of such village, in the same manner as if such territory had not been excluded therefrom. Provided however that this section shall not apply to any county in the state which has adopted, or may hereafter adopt, the system of highway improvement under chapter one hundred and fifteen of the laws of eighteen hundred and ninety-eight or the acts amendatory thereof. Village Law, § 326a, added L. 1903, chap. 606. § 618. Organization of fire, etc., companies in unincorporated villages—Any ten or more persons, residents of any unincorpora- ted village of this State, who shall desire to associate themselves together in a corporate capacity as a fire, hose or hook and Jad- der company, or as a department consisting of two or more of such companies, may make, sign and acknowledge before any officer authorized to take the acknowledgment of deeds in this State, and file in the office of the secretary of state, and also in the office of the clerk of the county in which the office of the proposed company shall be situate, a certificate in writing in which shall be stated the name or title by which said company shall be known in law, the particular business and object of said incorporation, the name of the unincorporated village in which said company or de- partment proposes to act, and the name of the county in which said village is situated, the number of trustees, directors or managers to manage the same and the names of the trustees, directors or managers for the first year of its existence and the number of 364 CH. XIv.] TOWN OFFICERS—SUPERVISOR. Additional Provisions, Payment for Injured Firemen. §§ 619, 620 years said company or department shall exist, not to exceed fiftv years, but such certificate shall not be filed unless there shall be annexed thereto a copy of a resolution of the board of town officers of the town in which said village is situated, consenting to such incorporation and certified by the clerk of said town to be a true copy thereof; provided, that such corporation shall engage in or conduct only such business as properly belongs to fire, hook or hook and ladder companies and only in the village or town named in the aforesaid certificate. Laws 1887, chap. 315, § 1; 3 R. S. 3446. § 619. Additional provisions for such organizations.—Ten or more persons may become a fire, hose, protective or hook and lad- der corporation by making, acknowledging and filing a certificate, stating the particular object for which the corporation is to be formed; the name of the proposed corporation; the city, village or town in which it proposes to act; the number of directors; and the names and places of residence of the persons to be directors until its first annual meeting. Such certificate shall not be filed without the approval, indorsed thereupon or annexed thereto, of a justice of the supreme court, nor unless there is annexed thereto a certified copy of a resolution of the board of trustees of the vil- lage or the approval of the mayor of the city, or if not within a village or city, a resolution of the town board of the town in which the corporation proposes to act, consenting to its incorporation on filing said certificate in pursuance of law the signers thereof their associates and successors shall be a corporation in accordance with the provisions of such certificate. The Membership Corporation Law, § 65. The town board has power to appoint firemen. See § 585. See, also, Laws 1887, chap. 244, § 2, as am’d by chap. 342, L. 1888; 3 R. S. 3445. § 620. Payments for injuries to firemen.—If an active member of a volunteer fire company in any incorporated village or in any fire district of a town outside of an incorporated village, dies from injuries incurred while in the performance of his duty as such fireman within one year thereafter, the village or town shall pay to the executor or administrator of such person the sum of $500. In villages, such sum shall be a village charge. * * * If such fireman was a member of a fire company in a fire district outside of an incorporated village such sum shall be a town charge and 365 TOWN OFFICERS—SUPERVISOR. [CH. xtv. §§ 621-624 Collection Garbage, Fees Justice Peace Criminal Cases. shall be assessed upon the property and persons in such fire dis- trict liable to taxation and collected in the same manner as other town charges. Such money shall be distributed in the manner provided by law for the distribution of personal property. Laws 1895, chap. 615; 3 R. S. 3448. § 621. Collection, etc., of garbage— * * * Within any town having over 10,000 inhabitants or within any district in any such town established by the town board of such town, it shall be lawful for the town board of such town to provide for the collection of and to cause to be consumed by fire or heat and to prohibit the throwing, casting or deposit in any body or stream of water or upon any ash heap or other place than such as may be provided by them within such * * * town or district, any animal or vegetable refuse, dead animal, carrion, offal, swill or garbage. And it shall be lawful for the town board of any such town * * * to contract for the collection and for the con- sumption by heat or fire, of any such refuse or other aforesaid matter, or for the purchase, maintenance and operation of any appliances for the collection and consumption thereof. Laws 1894, chap. 666, § 1; 3 R. S. 3449. § 622. Offense a misdemeanor.—Any person offending against any such provision as aforesaid made by any such town board * * * for the collection or for the prohibition of the throwing, casting or deposit of any such refuse or‘other aforesaid matter, shall be deemed guilty of a misdemeanor. Laws 1894, chap, 666, § 2. The expenses are a town charge, and, when collected, paid over to the supervisor and by him applied to payment thereof. id. § & § 623. Police justice—Fees of justice of the peace in village criminal cases.—If a police justice shall not be paid a salary, he is entitled to receive for his services the same fees as a justice of the peace in like cases. As to compensation, see Code of Crim. Pro. § 78. If he receives a salary, all such costs, fees, expenses and penalties or other moneys shall be paid by him to the village treasurer. Village Law, parts of §§ 184 and 185, § 624. Fees, salaries and expenses of policemen—The board of trustees may determine that each village policeman shall be paid 366 Cu. x1v.] TOWN OFFICERS—SUPERVISOR. Policemen’s Salaries, Extension of Boundaries. § 625 a salary instead of fees and may fix the amount thereof. A village policeman shall receive the same fees as constables of towns for similar services, to be paid in like manner, except that his fees for services in proceedings on account of a violation of a village ordinance shall be paid by the village. If a village policeman receives a salary all fees collected or received by him belong to the village and he must account therefor and credit the same upon his salary. A village policeman shall not receive any present or reward for his services other than his fees and salary, except by the consent of the board of trustees. Every village policeman who receives a salary from the village for his services performed by him, which are a town or county charge, and shall present claims therefor against the town or county charge, and shall present claims therefor against the town or county to which chargeable. All orders or warrants for such claims shall be made payable to the village treasurer, who shall collect the amount thereof. Village Law, § 190. Payment by the town of fees which are town charges when police justices receive no salary. People ex rel. Brockport v. Sutphin, 53 A. D. 614.: § 625, Extension of boundaries.—Territory not in a city or vil- lage may be annexed to an adjoining village. being duly sworn, says that the items of the annexed account are correct; ‘and that the disbursements and services charged therein have been in fact made or rendered or are necessary to be made-or rendered at that session of the board; and that no part thereof has been paid or satisfied. Sworn to before me, , 1906. Signed ( +) TOWN AUDITS. [ Cu. xvin. §§ 716, 717 Additional Requirements, Tort not Audited Unless Authorized. Forms for general accounts can be adapted from the above. Special forms are required for justices of the peace, constables, highway commissioners, overseers of the poor, railroad commissioners and super- visors. Every claim must be verified before being audited by board and great care should be used in this regard. $ 716, Additional requirements——Boards of supervisors may make such additional regulations and requirements, not in con- flict with law, concerning the keeping and rendering of official ac- counts and reports of its county anid town officers, and the presenta- tion and auditing of bills presented to their board or to the town boards of their county, as they may deem necessary for the cfti- ciency of the service and the protection of the interests of the public. County Law, § 25; 1 R. 8. 742. See § 116, ante. Unless the account is properly verified the board has no jurisdiction to act upon it. ‘ 3 Osterhoudt v. Rigney, 98 N. Y. 233; Hawley v. McIntyre, 24 Hun, 459. If an account is not properly verified or is informal or irregular it should be returned to the claimant with notice that he may appear and correct it. People ex rel. Sherman v. Supervisors of St. Lawrence Co., 30 How. 173; People v. Supervisors, 45 Hun, 62. If the board refuse to allow it to be corrected, it may be compelled to by mandamus. Id. § 717. “Torts” not to be audited unless statute expressly au- thorizes—The statute defines what are legal charges, and does not. include such demands as have their origin in “ torts.” “Torts ” defined.— A “tort” is a private or civil wrong or injury. A wrong in- dependent of contract. Bouvier’s , Dict. Such as damages from riots; injuries to person or property ; the wrongful taking of property; injury to personal or real property ; negligence and the like. The right of action therefor is generally founded, either upon: 1st. An invasion of some legal right of person or property; or 2d. On the violation of some duty toward the public, which has resulted in some damage to the plaintiff or claimant; or 3d. In the infraction of some private duty or obligation which has been productive of damage to the complaining party. 2 Wait’s Law & Pr. 418. The first two are the ones involved in town and county charges. 434 CH. xvit.] TOWN AUDITS. Torts not to be Audited, ete. § 717 Claims for torts ought not to be audited unless some statute authorizes the audit, e. g.: Claims for damages to persons or property, by reason of de- fective highways‘or bridges, may be thus audited. See Highway Law, § 18. Counties are not liable for the negligence of their officers in the main- tenance of bridges, such officers not being agents of their respective counties. Godfrey v. Venn of Queens, 89 Hun, “18. In the officers, for. whidh the county is not liable, are included the board of supervisors. Albrecht v. Queens Co., 84 Hun, 399; Ahern v. Kings Co., 89 Hun, 148. A bridge tender.’ — Godfrey v. Kings Co., supra, 89 Hun, 18. ‘An ‘employe in an-asylum operating a machine therein, Hughes v. Monroe Co., 147 N. Y. 49 Where an assessment for a local improvement is valid upon its face, but is in fact void because the assessors had not jurisdiction to impose it, an action may be maintained to recover back money involuntarily paid in satisfaction thereof without first having the assessment set aside or vacated. Payment to an officer who has a valid warrant for the collection of such an assessment and who threatens to execute the same is not a voluntary pay- ment. No demand for a return of the money so paid is necessary before the com-- mencement of an action to recover the same. Bruecher v. Village of Port Chester, 101 N. Y. 240. If such illegal tax is collected and paid into the treasury of a county, an action as for money had and received will lie against the county for its recovery. The money having come to the treasury of the county by the wrongful act and with the knowledge of its officers, no demand is necessary before suit, nor is it necessary to present the claim therefor to the board of supervisors for audit and allowanee. Newman v. Supervisors of Livingston County, 45 N. Y. 676. It seems, however, that the city has a remedy in such case under the pro- vision of the statute extending the powers of boards of supervisors (chap. 855, Laws of 1869, as am’d by § 5, chap, 695. Laws of 1871), which re- quires the board of supervisors of a county to refund the amount of any tax illegally or improperly assessed. City of R. v. Town. of. He 15 Hun, 239; reversed, City of Rochester v. Town of Rush, 80 N. Y. 302. A board of supervisors has power to waive the defense that an alleged erroneous payment of taxes to the county by a town therein was voluntary, provided there is no fraud or collusion and the county has had the benefit of the amount of such tax. N. Y. C. & H. R. R. Co. v. Maine, 71 Hun, 417; s. c., 54 St. Rep. 384. So it can waive the defense of the statute of limitations. Woods v. Supervisors, 136 N. Y. 403; 71 Hun, 425. A county is not. liable for the misappropriation by its county treasurer of funds belonging to an infant, deposited with said treasurer in pursuance of law in the absence of evidence that the funds were in some way used or applied for the benefit of the county. Gray v. Supervisors, 93 N. Y. 603. 435 TOWN AUDITS. [Cu. xvit. §§ 718-720 When Audit may be Made by Subsequent Board or Reconsidered. § 718. Account audited or rejected final—An account audited or rejected, after a determination and decision thereon, on the merits, cannot be audited or allowed by a subsequent board or by another board having concurrent jurisdiction. Osterhoudt v. Rigney, 98 N. Y. 222; Board of Supervisors v. Ellis, 59 id. 620; People ex rel. Meyers v. Barnes, 114 N. Y. 317. As a general rule no claim against a town is obligatory upon or enforcible against it until it has been audited and allowed by the auditors. Their jurisdiction over such claims is not only original but their decision is conclusive until reversed or modified by another court in the manner pre- scribed by law, i. e., in proceedings by certiorari. 114 N. Y. 317; People ex rel. O'Mara v. Supervisors, 40 St. Rep. 238; affirmed, 43 id. 77. A board has no power to audit and allow claims which have been passed upon and rejected by former board if the decision of such former board was upon the merits of the claim. Osterhoudt v. Rigney, 98 N. Y. 222. There is no express power in a board of audit to reverse a former board. The board of audit is a tribunal to which the law has committed the settle- ment and adjustment of town charges and its decision cannot be drawn in controversy in the courts for errors of judgment. Osterhoudt v. Rigney, 98 N. Y. 222. See also Chap. on Supervisors and County Auditors. § 719. When a claim is not rejected on the merits, it may be audited by a subsequent board—If a claim has been disallowed because not presented in proper form, or not properly verified or accompanied by proper vouchers, or for any reason not involving a determination on the merits, it may be audited by a subsequent board, or one of concurrent jurisdiction. People v. Supervisors, 45 Hun, 62. If for any reason a claim was not passed upon upon its merits then a subsequent board may act upon it. Osterhoudt v. Rigney, 98 N. Y. 222. The claimant should be allowed to correct such informality if he so de- sires. And if permission to do so is refused, the board may be compelled, by mandamus, to allow the correction. McCrea v. Chahoon, 28 St. Rep. 242-245. Unless the town board make and file a certificate in the office of the town clerk wholly rejecting a claim, the claimant is not bound by the rejection and may subsequently present the claim for audit. People ex rel. Canton Bridge v. Auditor of Horicon, 42 Misc. 116. § 720. When auditors may reconsider audit—The same board can reconsider its action, on any claim, at any time during its ses- sion before final adjournment. People ex rel. Hotchkiss v. Supervisors, 65 N. Y. 222. 436 CH. xvit.] TOWN.AUDITS. Audit Made by Board, When Board Neglects, ete. §§ 721, 722 A board of supervisors has power to receive a resolution auditing an accotint, and may repeal or reconsider its action when found erroneous. People v. Supervisors, 65 N. Y. 222. Cited in 153 N. Y. 378; 160 id. 389, A board of town auditors having once disallowed a claim has power to reconsider its action and allow it. Matter of Weeks, 97 A. D. 131. In order to obtain « review of the action of a board of town auditors by certiorari, the writ must be obtained while the board still has jurisdiction of the proceeding sought to be reviewed. People ex rel. Jonas v. T. Auditors of Hempstead, 49 A.D. 4. § 721. The audit must be made by the board—It cannot dele- gate such a power to a committee—The final auditing of claims must be made by the auditing board. The preliminary examina- tion may be properly done by a committee of the board, but when the question of allowing or disallowing claims, or any part thereof, arises, it must be determined by the board itself and cannot be ‘delegated to a committee or any other person. Board of Commissioners v. Sackrider, 35 N. Y. 154; People ex rel. Thurston v. Board of Town Auditors, 20 Hun, 150; People ex rel. Kim- ball v. Supervisors, 25 id. 131; Bellinger v. Gray, 51 N. Y. 610; People v. Hagadorn, 104, Id. 516. Where all the officers constituting the board have met, a majority of them may decide and their certificate will be sufficient, though one of the members has refused to sign it. People ex rel. Onderdonk v. Supervisors, 1 Hill, 195. No court can audit, or order any claim to be paid by a: town or county officer unless authorized so to do by some statute. In re Tinsley, 90 N. Y. 231; People ex rel. Myers v. Barnes, 114 id. 317. § 722. When board neglects to act upon a claim presented.— A claim presented to a board of supervisors who permitted their session to expire without taking any action upon it, is to be re- garded as rejected for the purpose of a mandamus to compel its allowance. People ex rel. Aspinwall v. Supervisors, 20 N. Y. 252. Where the supervisors of a county have neglected to perform any duty required of them at their annual meeting, they or their successors may be compelled by mandamus to meet again and perform it. They cannot by their neglect nullify a statute imposing duties upon them. People v. Supervisors of Chenango Co., 8 N. Y. 318. People v. Brinkerhoff, 68 N. Y. 259. A mandamus lies to require the chairman and clerk of the board of super- visors to reconvene the board and declare a resolution carried, and the clerk to so record it, where the chairman had before illegally declared it lost. People ex rel. Burroughs v. Brinkerhoff, 68 N. Y. 259. 437 TOWN AUDITS. [Cu. xvii. §§ 723-726 Suit Cannot be Brought, etc., Officers’ Fees, False Audit, etc. When the board reject a claim because the claimant refuses to produce further proof than that contained in the statutory affidavits it was held that the rejection was not the result of an examination of the claim and mandamus would lie to compel the board to audit the claim. People ex rel. Rhodes v. Mole, 85 A. D. 33. § 723. No suit can be brought on a town or county charge, unless authorized by statute—Where a board of audit having the power to audit claims, have done so, an action cannot thereafter be brought by the claimant on such claim or any part of it. Such decision is binding on the parties to it, so long as it remains unre- versed. See People v. Dennison, 84 N. Y. 272. See People ex rel. Myers v. Barnes, 114 N. Y. 317. Osterhoudt v. Rigney, 98 N. Y. 222. § 724. Officer not entitled to fees unless prescribed by law.— Each clerk of a court must perform all the duties required of him, in the course and practice of the court, without fee or reward, ex- cept as expressly prescribed by law. Each public officer, upon whom a duty is expressly imposed by law, must execute the same without fee or reward, except where a fee or other compensation therefor is expressly allowed by law. An officer or other person, to whom a fee or other compensation is allowed by law, for any service, shall not charge or receive a greater fee or reward, for that service, than is so allowed. Code Civ. Pro. § 3280. See Public Officers’ Fees, § 729 post. § 725. Officer to keep an account of fees—Where a public officer is required, by law, to keep an account of, or to pay over, the fees or other moneys, received by him for official services, he must include therein all sums received by him, to which he was entitled, by reason of any act performed by him in his official ca- pacity, whether the act did or did not pertain to his office, or to the business thereof. Code Civ. Pro., § 3286. See Public Officers’ Fees, § 729 post. § 726. False auditing and paying claims.—A public officer, or a person holding or discharging the duties of any office or place of trust under the State, or in any county, town, city or village, a part of whose duties it is to audit, allow or pay, or take part in auditing, allowing or paying claims or demands upon the State, or such county, town, city or village, who knowingly audits, allows or pays, or directly or indirectly consents to, or in any way con- nives at the auditing, allowance or payment of any claim or de- 438 CH. Xvit.] TOWN AUDITS. False Claims, Connivance, etc., Extortion, Fees Public Officers. §§ 727-729 mand against the State, or such county, town, city or village, which is false or fraudulent, or contains charges, items or claims which are false or fraudulent, is guilty of felony, punishable by impris- onment for not less than two, or more than five years, or by a fine not exceeding $5,000, or by both. Penal Code, § 165. See Public Officers’ Fees, § 729 post. § 727, Consenting or conniving at audit of false claim—A person who, being or acting as a public officer or otherwise, by willfully auditing or paying, or consenting to, or conniving at, the auditing or payment of a false or fraudulent claim or demand, or by any other means, wrongfully obtains, receives, converts, dis- poses of, or pays out, or aids or abets another in obtaining, receiv- ing, converting, disposing of, or paying out any money or property, held, owned, or in the possession of the State, or of any city, county or village, or other public corporation, or any board, de- partment, agency, trustee, agent or officer thereof, is guilty of a felony, punishable by imprisonment for not less than, three nor more than five years, or by a fine not exceeding five times the amount or value of the money or the property converted, paid out, lost or disposed of by means of the act done or abetted by such person, or by both such imprisonment and fine. The amount of any such fine, when paid or collected, shall be paid to the treasury of the corporation or body injured. A conviction under this sec- tion forfeits any office held by the offender, and renders him in- capable thereafter of holding any office or place of trust. Penal Code, § 166; § 729 post.: § 728. Extortion—A public officer who asks or receives, or agrees to receive, a fee or other compensation for his official serv- ice, either, 1. In excess of the fee or compensation allowed to him by stat- ute therefor ; or, 2. Where no fee or compensation is allowed to him by statute therefor ; Commits extortion, and is guilty of a misdemeanor. Penal Code, § 557. § 729. Public officers fees.— 1. The audit of an account not legally chargeable to the mu- nicipality is null and void; Supervisors v. Ellis, 59 N. ¥. 620; Haswell v. Mayor, 81 N. Y. 255- 439) TOWN AUDITS. [Cu. xvn. § 729 Public Officers’ Fees. 259; Lyddy v. L. I. City, 104 N. Y. 218; Osterhoudt v. Rigney, 98 id. 233; People ex rel. Merritt v. Lawrence, 6 Hill, 244. 2. Where services are to be performed by a public officer and no fee or other compensation is allowed therefor by some statute he must perform the service, without additional compensation. German Am. Bk. v. Morris R. C. Co., 68 N. Y. 585-590; Crofut v. Brandt, 58 N. Y. 106; Code Civ. Pro., § 3280; Haswell v. Mayor, 81 N. Y. 255-258; Code Civ. Proe., § 3301. 3. If such illegal fees have been audited and paid, they may be recovered from the officer to whom paid, in an action for money had and received. People v. Wood, 121 N. Y. 522; Code Civ. Pro., § 1969. See, also, Trus- tees v. Bowman, 136 N. Y. 521. The statute of limitations is ten years. Code Civ. Pro., § 1973. If, upon the facts alleged, a cause of action in tort, as well as one on contract, may be spelled out, it is optional with plaintiff to waive the tort and rely upon contract. Rowland v. Rowland, 141 N. Y. 485. Selye v. Zimmer, 40 St. Rep. 604; Starr C. C. Co. v. Reinhart, 2 Misc. 116. The defense or voluntary payment by the municipality 1s not a defense to the action. Supervisors v. Ellis, 59 N. Y. 620; 121 id. 522, supra; People v. Fields, 58 id. 491; Donohue v. Mayor, 10 Hun, 37; Supervisors v. Van Clief, 1 id. 454, supra. No demand is necessary before suit. Sharkey v. Mansfield, 90 N. Y. 227; Mills v. Mills, 115 Id. 80-85; Strough v. Suprs. 119 Id. 212; People v. Wood, 122 N. Y. 522. It seems that the county may bring such suit in its own right. 121 N. Y. 522. : But where the suit is brought by “‘ The People,” then the cause of action and title to the proceeds are thereby transferred to “ The People.” Code Civ. Pro., § 1972. 4, The fact that like illegal charges have formerly been au- dited is not binding upon, nor an estoppel of, the municipality. Dillon on Corp., § 381. See subd. 5, just below; People ex rel. White v. Supervisors, 46 St. Rep. 457-458. 440 CH. XVII] TOWN AUDITS. Presenting Fraudulent Claim; Account Rejected, etc. §§ 730,731 5. A municipality cannot, by acknowledgment or ratification, legalize a claim which it has no authority to create against it by express contract. Lyddy v. L. I. City, 104 N. Y. 218. See Calhoun v. Millard, 121 id. 69; Trustees v. Bowman, 136 id, 521. § 730. Presenting fraudulent claims—A person, who, know- ingly, with intent to defraud, presents, for audit, or allowance, or for payment, to any officer or board of officers of the State, or of any county, town, city or village, authorized to audit, or allow, or to pay bills, claims or charges, any false or fraudulent claim, bill, account, writing or voucher, or any bill, account or demand, containing false or fraudulent charges, items or claims, is guilty of a felony. Penal Code, § 672. The presentation to a board of supervisors of a bill containing items. which are correct and properly chargeable against the county, but the prices for which are excessive, is not indictable under Penal Code, § 672. People: v. King, 77 St. Rep. 975; affid., 7 id. 287; affig, 19 Misc. 98. Presentation of a false claim against the county constitutes a cause of action in favor of the county against such person. See Supervisors of Richmond v. Frean, 1 T. & C. 431. § 731. Account rejected wholly—certificates. TOWN OF BUGHTON, County of Monroe, The undersigned, composing the town board of said town, do hereby cer- tify that the annexed account of John Doe against said town, was *wholly rejected by said board at its meeting, held at the office of the town clerk on the ...... day of ............ , 1906. In witness we have hereunto subscribed our names this ...... day of eijetanudrass 1906. ; : RICHARD ROE, Supervisor. “Town Clerk, J ustices of ; the , Peace. To be filed in the town clerk’s office. Certificate as to town officers’ accounts: COUNTY OF......... } s8: The undersigned, composing the town board of said town, do hereby cer- tify: that at the meeting of said board for the year 1906, held at the town clerk’s office in said town on the ...... day of .......... , 1906, we duly examined and audited the accounts and vouchers of the town officers who. 441 TOWN AUDITS. [Cu. xvi. § 732 Abstracts for Board of Supervisors, Forms, etc. have received or disbursed any moneys of said town during the year last past, and that the state of the accounts of said officers is as follows: 1. Supervisor — A STATEMENT OF THE ACCOUNT OF RICHARD ROE, SUPERVISOR Amount NAME OF FUND. Receipts. Disbursements. on hand. Poor’ fund woes css satwawsee nude nsidaa $ 700.00 $ 600.00 $ 100.00 Dog fund vas. seas ves dame vend os eae 150.00 75.00 75.00 School moneys................2 00005 1,200.00 900.00 300.00 Local sehool fund.................. 500.00 25.00 475.00 Total a2<¢% santeese sates veamed eee $2,550.00 $1,600.00 $ 950.00 In witness whereof we have hereunto subscribed our names this........ day? OF \e.. oveieiee sane » 1906. setts se Hesaeest ae ae es eh ae acess ane ee Justices of the Peace. To be filed with the town clerk and by him produced at the next biennial town, meeting and publicly read, if requested by any elector. Account: allowed or allowed in part: (As in the preceding form to the * and then continue) wholly allowed (or allowed as to the following items) (stating the items allowed) and that the remaining items thereof were disallowed by said board at its meeting, held at the office of the town clerk on the ...... day Of ec scisuwes , 1906 In witness whereof, etc. (as in the preceding form). Signatures (as in the preceding form). Duplicates of every certificate, allowing an account, wholly or in part, are to be made, one to be filed in the town clerk’s office and one to be delivered to the supervisor to be by him laid before the board of supervisors at their annual meeting. § 732. Abstract for board of supervisors.—Boards of town auditors shall annually make brief abstracts of the names of all persons who have presented to them accounts to be audited, the ‘ amounts claimed by each of such persons, and the amounts finally audited by them respectively, and shall deliver such abstracts to the clerk of the board of supervisors, and the clerk shall cause the same to be printed, with the statements required to be printed by him. Town Law, § 170 3 R. 8S. 3234, The jurisdiction of the town board terminates with the delivery of the abstract of accounts to the clerk of the board of supervisors. People v. Board of Town Auditors, 56 St. Rep. 167; 3. c., 74 Hun, 83. Form of such abstract: COUNTY OF.......... SS: To the Clerk of the Board of Supervisors of the County................: We, the undersigned, the town board (or the board of town auditors) af said town, do hereby certify: 442 ‘CH. XvIt.] TOWN AUDITS. Election of Town Auditors, Powers Conferred, ete. §§ 733-735 That the following is an abstract of the names of all persons “who have presented to said board, accounts to be audited, the amounts claimed by each of said persons and the amounts finally audited by us respectively, to-wit: : NAMES. Amount claimed.| Amount allowed. i DOey auaroravsd oGnaue Ceeeaeedes $ 25.00 _ $ 20.00 FS AIRS ae oeieee erate nederg a eatin 600.00 | °° ‘' 550.00 In witness whereof, we have hereunto subscribed our names this.......... GAY! OF se coaiae occarsiaia sie » 1906. , (Signed) A. B., Supervisor. Cc. D., Town Clerk. E. F., 8. J., Justices of the Peace. Deliver the abstract to the clerk of the board of supervisors. When the town board of auditors have under § 170‘of the Town Laws complied therewith and made brief abstracts of the names of all persons who have presented claims to them for audit, the amounts claimed by each, the amounts finally audited respectively, and delivered said abstracts to the clerk of the board of supervisors the jurisdiction of the board. of town auditors ceases and a writ of certiorari sued out thereafter is ineffectual. People ex rel. Brockport v. Sutphin, 53 A. D. 613. $733. "Electing town auditors.—The electors in each of the towns may, on the application of twenty freeholders residing therein, at any biennial town meeting, determine by ballot whether there shall be elected, at the next succeeding biennial town meet- ing, held in the town, a board of town auditors, in and for the town, independent of the town board in the manner, and under the restrictions hereinafter prescribed. Town Law, § 172, as am’d by chap. 481, Laws 1897; 3 R. S. 3234. § 734. Board to be elected—If a majority of the ballots so cast, shall be in favor of electing a board of town auditors there shall be elected at the next succeeding biennial town meeting, and at every biennial town meeting held thereafter, until otherwise de- termined three town auditors, who shall form the board of town auditors of the town whose term of office shall be two years. Town Law, § 173, as am’d by chap. 481, Laws of 1897; 3 R. S. 3235. § 735.. Powers conferred upon town auditors—Upon the elec- tion or appointment and qualification of any such board of town auditors in any town, the powers of the town board of that town, 443 TOWN AUDITS. [ CH. xvit. § 736 Appointment of Temporary Board of Town Auditors, with respect to auditing, allowing or rejecting all accounts, charges, claims or demands against the town, and with respect to the examination, audit and certification of accounts of town offi- cers, shall devolve upon, and thereafter be exercised by such board of town auditors, during the continuance of such board; and with respect to the powers so conferred, and the duties so imposed, they shall be the town board of the town during their continuance. No person so elected or appointed shall hold any other office in the town during the term for which he is elected or appointed; and if he shall accept an election or appointment to any other office in the town, he shall immediately cease to be a town auditor, and the va- eancy in his office shall be supplied in the manner hereinafter provided. Town Law, § 174; as amended by chap. 85, Laws 1896, § 1. § 736. Town board to appoint temporary board of town audi- tors.—The town board of the town in which the electors shall de- termine to elect a board of town auditors, or a majority of them, shall, within sixty days after the town meeting where it was so de- termined, convene at some suitable place in the town, at the hour of ten o’clock in the forenoon, and appoint, in writing under their hands and seals, three persons having the qualifications herein pre- scribed, to be town auditors of the town, and shall immediately cause such appointment to be filed with the town clerk. The per- sons so appointed shall, within ten days after receiving notice of their appointment, take, subscribe and file in the office of the town clerk the oath of office; and thereupon they shall be the board of town auditors of the town, and shall possess and exercise all the powers and duties of town auditors and shall hold and discharge the duties of the office until the next annual town meeting to be held in the town after their appointment. Town Law, § 175. See § 454 ante. FORM OF APPOINTMENT. We, the undersigned, members of the town board of the town of.........- ; county of .......... , having duly met at.......... , on the .......... day of .......... , 19.., at ....M., do hereby appoint pursurnt to a vote of the electors of such town at a town meeting held therein on the.........- day Of 22 ss sauces eayasia's 19...., and § 175 of the Town Law, the following named persons, to-wit, A. B., C. D. and E. F., to be town auditors of such town until the next biennial town meeting held in such town. In witness whereof, we have set our hands and seals hereto on this...... day of .......... Dias (Signed A. B., Supervisor, and by other members of town board.) 444 CH. Xvitr.] TOWN AUDITS. Town Auditors, Compensation, Vacancies, Discontinuances, etc. §§ 737-741 § 737. Compensation of town auditors—Vacancies, how filled.— Each of such town auditors shall be entitled to receive for his serv- ices three dollars for each day, not exceeding ten days in any one year. The supervisor of the town shall appoint some suitable and competent person to fill any vacancy occurring in the board of town auditors until the next annual town meeting. Town Law, § 176; as amended by chap. 200 of 1890, § 1. ae § 738. Town meeting may vote to discontinue At any subse- quent town meeting, after the expiration of five years from the determination to elect a board of town auditors, the electors of the town may determine by ballot to abolish such board in the same manner as they determined to establish such board: and, thereupon such board shall be abolished. Town law, § 177; 3 R. 8. 3236. § 739. Accounting of town officers—The supervisor is required on the Tuesday preceding the biennial.town meeting, and on the corresponding date in each alternate year, to account with the jus- tices of the peace and town clerk of the town, for the disbursements of all moneys received by him to receive all aceounts against the town, which shall be presented to him, and'present the same to the town board for audit, except such accounts as he may be required by law to present to the board of supervisors.’ If the biennial town meeting in any town is held at the time of a general election, such account shall be rendered on the third Tuesday of December in each year. Town Law, § 80, sub. 4, as amended by chap. 481 of 1897, § 18, chap 363 of 1898, § 7, and chap. 377 of 1900. See § 681 ante. | § 740. Town officers’ pay—No fee unless authorized by law.— No town officer shall be allowed any per diem compensation for his services unless expressly provided by law. Town Law, § 166. Every public officer who is not allowed any compensation for his services shall be paid his actual expenses necessarily incurred in the discharge of his official duties. Public Officers’ Law, § 42. § 741. Compensation of tewn officers. — 1. The supervisor, except when attending the board of super- visors, town clerk, assessors, justices of the peace and overseers of the poor, each, two dollars per day, except that in any town where 445 TOWN AUDITS. [ CH. xvi § 741 Compensation of Town Officers, the assessed valuation of real estate is over twenty million dollars, the town board of such town may determine by resolution that the assessors shall receive each year a salary of not exceeding one thousand dollars in lieu of per diem compensation herein bedi re provided for and except that the town board of any town may fix a different compensation for the assessors in their town, of not less than two or more than three dollars per day, and alse except that in the county of Monroe, assessors shall be entitled to three dollars per day, and also, except that in the county of Nassau assessors and commissioners of highways shall be entitled to three dollars per day, and the town boards of the towns of and in said county of Nassau, having a population as appears by the last federal census, of seventeen thousand inhabitants, or more, are hereby authorized and empowered to fix an annual compensation for the assessors and commissioners of highways of said towns, not to exceed twelve hundred dollars per annum each, and to pro- vide for the payment of said compensation in quarterly install- ments. The town board of any town may, at a regular meeting, fix the compensation of the commissioner of highways of such: town at a sum of not’less than two nor more than three dollars per day. Town Laws, § 178, subd. 1 as amended by Laws of 1904, chap. 312. 2. If a different rate is not otherwise established as‘ herein pro- vided, each inspector of election, ballot clerk and poll clerk is en- titled to two dollars per day; but the board of supervisors may establish in their county a higher rate, not exceeding six dollars per day. Town Law, § 178, subd. 2. 3. The supervisor of each town, shall be allowed and paid, in the same manner as other town charges are allowed and paid, a fee of one per centum on all moneys paid out by him as suc: supervisor, including school moneys disbursed by him as provided in the consolidated school law, moneys paid out by him for dam- ages arising from dogs killing or injuring sheep as provided in article 6 of the county law, moneys in his hands paid out by him for the relief of the poor, and all other town moneys paid out by him for defraying town charges, except moneys expended under chap- ter one hundred and fifteen of the laws of eighteen hundred ani ninety-eight, entitled “ An act to provide for the improvement of 446 CH. xvii.) TOWN AUDITS. | Fees Poundmaster, Certain Town Clerks, Surplus Moneys, etc. §§ 742, 743 the publie highways,” and the acts amendatory thereof, and any acts amendatory thereof or supplemental thereto. But no such fees shall be allowed or paid upon moneys paid over by him to his successor in office. Such fees shall be in full compensation for all services rendered by him in respect to moneys received and paid out by him as such supervisor as provided by law. Town Law, § 178, subd. 3, added by Law of 1904, chap. 546, as amended by Law of 1905, chap. 642. Pound-masters’ fees——The pound-masters shall be allowed the following fees for their services, to-wit: For taking into the pound and discharging: therefrom every horse, mule and head of :cattle, fifteen cents; for every other beast, ten cents. Town Law, § 179. Of certain town clerks—The town clerk of each town contain- ing a population of 20,000 or upwards, except in Kings and Richmond counties, is entitled to the same pay for attending all meetings of the town board as each other member of such board, in addition to all compensation, salary and fees to which he is now entitled by law for the performance of all other duties of said office. Laws 1893, chap. 344, § 3. § 742. .Expenditure of surplus moneys.—The supervisor, town clerk and justices of the peace or a majority thereof in any town in this state, may expend any surplus moneys. for which no pro- vision: for expenditure is made, belonging to said town, for the purposes of redemption of outstanding bonds or for imprevements in said town. Laws 1891, chap. 164, § 1. § 743. Town boards may borrow when.—Whenever a town meeting shall vote a special appropriation of money in the sum of five hundred dollars or more, or an appropriation for highway purposes or for the support of the poor during the current year, to be levied upon the taxable property of the town, the town board shall have power to borrow the sum so appropriated upon the faithful credit of the town, and to issue therefor a certificate or certificates of indebtedness, bearing interest and payable at such date or dates as may be fixed by said board, and the proceeds of such loan shall be placed to the credit of the public officers charged by law with the expenditure of said moneys. A statement of the 447 TOWN AUDITS. [ CH. xvil. §§ 744,745 Employment of Attorney. What are Town Charges. amount maturing on such certificate of indebtedness shall be cer- tified by the town board at its second meeting and delivered to the supervisor of the town, to be by him presented to the board of supervisors of his county at its annual meeting, and the said board of supervisors shall cause the amount specified in such certified statement to be levied and raised upon the taxable property of the town in the same manner as they are directed to levy and raise other town charges. Town Law, § 184, added by Laws 1897, chap. 84. See §§ 473 and 505 ante. § 744. Employment of attorney.—The town board alone has authority to retain counsel to prosecute or defend a litigation which concerns the town, and such charge may be audited. Adee v. Arnow, 91 Hun, 329. See also People ex rel. Coon v. Wood, 12 N. Y. Supp. 436. TOWN CHARGES. § 745. What deemed town charges.—The following shall be deemed town charges: 1. The compensation of town officers for services rendered for their respective towns. Town Law, § 180, subd. 1; 3 R. S. 3236, 2. The contingent expenses necessarily incurred for the use and benefit of the town. Id., subd. 2; 3 R. S. 3236. It would seem that services rendered or expenses incurred by a town officer for such services, which are beneficial to a town and no specific compensation has been provided by Law therfor, may be deemed to be * contingent ” of the allowance of which the town board are judges, unless the legislature other- wise provides. People v. Haws, 34 Barb. 69; 21 How. 178; People v. City of Kingston, 101 N. Y. 82-96; Rockfeller v. Taylor, 23 Misc. 460. 3. The moneys authorized to be raised by the vote of a town meeting for any town purpose. Town Law, § 180, subd. 3; 3 R. 8. 3236. The mere fact that the town meeting votes in favor of raising the moneys is not sufficient. The town meeting must be authorized, by some statute, to so vote. Wells v. Salina, 119 N. Y. 280, and cases cited. To “raise money ” means to raise it by tax, not by borrowing it. 119 N. Y. 280-290. 448 Cu. xvi] TOWN AUDITS. Town Charges, Accounts of Town Officers. § 745 4, Every sum directed by law to be raised for any town pur- pose. Town Law, § 180, subd. 4; 3 R. 8S. 3236. 5. All judgments duly recovered against a town. ld., subd. 5; 3. R. S. 3236. Under this section such a judgment is required to be presented for audit to the town board. Town Law, § 180, subd. 7; 3 R. S. 3236-3237. 6. All damages recovered against a town officer for any act done pursuant to a direction or resolution, duly adopted by the town board, or at a town meeting duly held; and all damages against any such officer for any act done in good faith, in his official capacity, without any such direction or. resolution, may be made a town charge, by a vote of the town, at a town meeting duly held. Id., subd. 3 R. 8. 3236. The town board may also audit any unpaid judgment heretofore or here- after recovered against a commissioner of highways for any such damages (i. e., damages by reason of defective roads and bridges), if such town board shall be satisfied that he acted in good faith and the defect causing such damage did not exist because of the negligence or misconduct of the com- missioner against whom such judgment shall have been recovered. ‘Highway Law, § 18; 2 R. 8. 1416. See Everett v. Supervisors of Ulster County, 93 N. Y. 397. 7. The costs and expenses, lawfully incurred by any town officer in prosecuting or defending any action or proceeding brought by or against the town or such officer for an official act done, shall be a town charge in all cases where the officer is required by law to so prosecute or defend, or to do such act, or is instructed to so. prosecute or defend, or do such act, by resolution duly adopted by the town board, or at a town meeting duly held. Town Law, § 180, subd. 7; 3 R. S. 3236; Code Civ. Proc. § 3243 and 1931. See also next section. See Myers v. Barnes, 114 N. Y. 317. 8. Every sum allowed by the highway commissioners of a town in which the highways are worked and repaired by the money system of taxation in abatement of highway taxes for the mainte- nance of watering troughs. Town Law, § 180, subd. 8; added by Laws 1897, chap. 227. Accounts of town officers——The accounts of any town officer for personal or official services rendered by him, in relation to the town poor, shall be audited and settled by the town board and 449 TOWN AUDITS. [ CH. xvii. § 746 Costs Against People and Town Officers, and on Accounting. charged to such town. But no allowance for time or services shall be made to any officer for attending any board solely for the pur- pose of having his account audited or paid. Poor Law, § 28. The claim to recover compensation for the support of a pauper child on a charge against a town under an alleged agreement with the town board, the claim must be presented to the town board for audit in § 180 of the Town Law and that remedy is exclusive. If it refuses to act the board may be mandamused and its action is reviewable by certiorari. Goodfeld v. Town of Lyme, 90 A. D. 334. § 746. Provisions as to costs against people and town officers— Costs, ete—In an action or special proceeding, brought in the name of the people of the State, to recover money or property, or to establish a right or claim, for the benefit of a county, city, town or village, costs shall not be awarded against the people; but, where they are awarded to the defendant, they must be awarded against the body for whose benefit the action or special proceeding was brought. Code Civ. Pro., § 3243; People v. Alden, 112 N. Y.,119-i21; People v. Hodnett, 81 Hun, 138. Costs cannot be awarded to the plaintiff in an action against a. school officer or supervisor, on account of an act performed by him, by virtue of, or under color of his office; or on account of a refusal or omission to perform a duty enjoined upon him by law, where his act or refusal or omission might have been the subject of an appeal to the State superintendent of public instruction, and where it is certified that it appeared upon the trial that the defendant acted in good faith. But this section does not apply to an action for a penalty, or to an action or a special proceeding to enforce a decision of the superintendent. Id., § 3244. Clark v. Tannancleff, 38 N. Y. 58; Budd v. Allen, 69 Hun, 538; DeWolf v. Watterson as trustee, 35 Hun, 114. Against officer to be allowed on accounting.—An execution can- not be issued upon a judgment for a sum of money, rendered against an officer in an action or special proceeding, brought by or against him, in his official capacity, pursuant to this article; except where it is rendered against the trustee or trustees of a school district, or the commissioner of commissioners of highways of a town. In either of those cases, an execution may be issued against and be collected out of the property of the officer, and the 450 Cu. xvit.}' TOWN AUDITS. Judgments “Against Municipal Corporations, Tax to Pay Same. § 747 sum collected must be allowed to him, in the settlement of his official accounts, except as otherwise specially prescribed by law. Code Civ. Pro., § 1931. People v. Board of Supervisors, 93 N. Y. 397; People v. Abbott et al., 107 N. Y. 226; People v. Barnes, 114 N. Y. 324. Judgment against municipal corperation—When a final judg- ment for a sum of money shall be recovered against a municipal corporation and the execution thereof shall not be stayed pursuant to law, or the time for such stay shall have expired, the treasurer or other financial officer of such corporation having sufficient moneys in his hands belonging to the corporation not otherwise specifically appropriated, shall pay such judgment upon the pro- duction of a certified copy of the docket thereof. Municipal Law, § 20. The term “ municipal corporation” includes a county or a town. Id., § 1; 2 R. S. 2100. The supervisor is, in a general sense, the treasurer of the town. Bridges v. Supervisor, 92 N. Y. 570-575. The following act seems to be unrepealed, as follows: § 747. Board of supervisors required to levy tax to pay judg- ment.—If a final judgment for a sum of money, or directing the payment of money, shall have been, or shall hereafter be recov- ered against any county, town, city or incorporated village within this State, and the same remains, or shall hereafter remain un- paid, and the execution thereof is not, or shall not be stayed as required by law, or if so stayed, the stay has expired, or shall hereafter expire, it shall be the duty of the board of supervisors, if the judgment is or shall be recovered against a county or town * * * and the said board of supervisors * * is here- by empowered to assess, levy and cause to be collected at the same time and in like manner as other moneys for the necessary ex- penses of the county or town, * * * as the case may be, are then next thereafter to be assessed, levied and collected, and in addition to the moneys now authorized by law to be assessed, lev- ied and collected for that purpose, a sum of money sufficient to pay the said judgment with the interest thereupon, and the fees and expenses chargeable by law upon the execution, if any, issued to collect the same. The moneys so assessed and levied as soon as collected and paid to the proper receiving and disbursing officer or officers, or so much thereof as may be necessary, shall, from 451 TOWN AUDITS. [CuH. xvu. §§ 748,749 Limitation as to Amounts, etc., When to Borrow to Pay Judg- ments. time to time, be paid by him or them to the judgment creditor, administrator or assignee, or other person entitled to receive the same by reason of the said judgment, without any deduction for his or their fees or commissions. Laws of 1880, chap. 554, § 1; 2 R. 8S. 2109. § 748. Limitation as to amount shall not apply to money to be raised under this act.—No restriction or limitation imposed by law, as to the sum to be raised in any year in any city or village, shall apply to the moneys to be raised for the purposes specified in the last preceding section; but the said moneys shall be raised in addition to any sum so restricted or limited. Id., § 2. § 749. When money may be borrowed to pay judgments.— Whenever a final judgment recovered against a town exceeds one thousand dollars, the town board of such town may borrow the sum necessary to pay such judgment by the issue of bonds to be signed by the supervisor and attested by the town clerk. Such bonds shall become due within twenty years from the date of is- sue, and unless the whole amount of the indebtedness represented thereby is to be paid within five years from their date, they shall be so issued as to provide for the payment of the indebtedness in equal annual installments, the first of which shall be payable not more than five years from their date. They shall bear interest at a rate not exceeding five per centum per annum, and shall be sold for not less than their par value. They shall be sold on sealed proposals or at public auction upon notice published in a paper printed in the town, if any, and also in such other papers as may be designated by the town board, and posted in at least five public places in the town, at least ten days before the sale, to the person who will take them at the lowest rate of interest. Such bonds shall be consecutively numbered from one to the highest number issued and the town clerk shall keep a record of the num- ber of each bond, its date, amount, rate of interest, when and where payable, and the purchaser thereof or the person to whom they are issued. Town Law, § 189, as added by Laws 1899, chap. 57. Under the present law a judgment against a town should be presented to the town board for audit, certified by them to the board of supervisors for levy upon the town, except that if a supervisor has town funds in his hand~ not otherwise specifically appropriated, he may pay such judgment upon re- ceiving a certified copy of the docket of such judgment. 452 CH. xvit.] TOWN AUDITS. Stone for, Insurance of, Condemnation of, Municipal Works and §§ 750-753 Property. The audit of a judgment by the town board is a mere ministerial act, not involving the exercise of judicial discretion on their part, Allaben v. Super- visors, 12 How. 50; Newman v. Supervisors, 45 N. Y. 676, for they seem to have no right to increase or diminish it, yet the later enactment of the legislature seems to require all judgments to be presented to the town board for audit, ete. § 750. Stone for municipal works—All stone used in State and municipal works, except paving blocks and crushed stone, shall be worked, dressed and carved within the State. There shall be inserted in each contract or specification -hereafter awarded by State, county or municipal authorities, authorizing or requiring the use of worked, dressed or carved stone, except pav- ing blocks or crushed stone, within the State, or such county or municipality, a clause to the effect that such stone shall be so worked, dressed, or carved, within the boundaries of the State as required by this section. If a contractor of the State or any municipality therein shall use stone except paving blocks and crushed stone which has been worked, dressed or carved without the State, the State or such nncitetpulity: shall revoke the con- tract of such contractor and be released from liability thereon. Labor Law, § 14. This provision of the Labor Law held to be unconstitutional and void. People ex rel. Treat v. Coler, 166 N. Y. 144. § 751. Insuring buildings—Public officers having by law the care and custody of the public buildings and other property of a municipal corporation may insure the same at the expense and for the benefit of such corporation. Municipal Law, § 23. § 752, Condemnation of real property—A municipal corpora- tion authorized by law to take and hold real property for the uses and purposes.of the corporation, may if it is unable to agree with the owners of the purchase thereof, acquire title to such property by condemnation. Municipal Law, § 22. § 753. Eight hours a legal day’s work.—All mechanics, work- ingmen and laborers are to receive not less than the prevailing rate of wages in the respective trades or callings, in the locality. Labor Law, § 3, as amended by Laws 1900, chap. 298. 453 TOWN AUDITS. (Cu. xvit. 8§ 754-758 Eight-Hour Legal Day, Loans, Books to be Kept, Libraries, etc. The provision of the Labor Law, requiring contractors to stipulate that they will pay their employes the prevailing rate of wages, held to be uncon- stitutional and void. People ex rel. Rodgers v. Coler, 166 N. ¥. 1. See § 893 post, reénacting the above § 3, after rendering the above decision. § 754, Temporary loans.—Moneys shall not be borrowed by a municipal corporation on temporary loan, except in anticipation of the taxes of the current fiscal year and for the purposes for which such taxes are levied and shall not be in excess of the amount of such taxes. Such loans shall always be made payable within eight months and in no ease shall interest run on any such loan after such taxes are paid into the treasury of the corpora- tion. Municipal Law, § 4. § 755. Books for entering chattel mortgages—Chattel mort- gages are to be entered in books to be provided for that purpose and such are doubtless town charges. Law 1897, chap. 418, § 93, as am’d by Law 1900, chap. 248. § 756. Jury list for justices of the peace—The town clerk shall deliver to each justice of the peace in his town a certified copy of the list of trial jurors, selected in his town, and filed with him, for which he is entitled to a fee of $1 for each list. It is a town charge. See Code Civ. Pro., § 2990, as amended by Laws 1889, chap. 505, and Laws 1897, chap. 146. § 757, Free public libraries and museums.—Any municipal corporation may establish and maintain a free public library or museum in accordance with the library provisions of the Uni- versity Law, being chapter 378, Laws of 1892. Municipal Law, § 24. § 758. Establishment of library—By majority vote at any election, any city, village, town, school district, or other body authorized to levy and collect taxes, or by vote of its common council, or by action of a board of estimate and apportionment or other proper authority, any city, or by vote of its trustees, any village, may establish and maintain a free public library, with or without branches, either by itself or in connection with any other body authorized to maintain such library. Whenever twen- ty-five taxpayers shall so petition, the question of providing 454 CH. Xvit.j TOWN AUDITS. Libraries, Establishment of, ete. ' § 759 library facilities shall be voted on at the next election or meeting at which taxes may be voted, provided that due public notice shall have been given of the proposed action. A municipality or district named in this section may raise money by tax to estab- lish and maintain a public library, or libraries, or to provide a building or rooms for its or their use, or to share the cost as agreed with other municipal or district bodies, or to pay for library privileges under a contract therefor. It may also acquire real or personal property for library purposes by gift, grant, devise or condemnation, and may take, buy, sell, hold and trans- fer either real or personal property and administer the same for public library purposes. By majority vote at any election any municipality or district or by three-fourths vote of its council, any city may accept gifts, grants, devises or bequests for public library purposes on condition that a specified annual appropriation shall thereafter be made for maintenance of such library or libraries. Such acceptance, when approved by the regents of the university under seal and recorded in its book of charters, and in a school not subject to their visitation when approved by the state superin- tendent of public instruction, shall be a binding contract, and such municipality and district shall levy and collect yearly the amount provided in the manner prescribed for other taxes. University Law, § 36, as amended by Laws 1895, chap. 859; Laws 1902, chap. 185. § 759. Subsidies for libraries— By similar vote money may be granted towards the support of libraries not owned by the pub- lic, but maintained for its welfare and free use; provided, that such libraries shall be subject to the inspection of the regents and registered’ by them as maintaining a proper standard, that the regents shall certify what number of the books circulated are of such character as to merit a grant of public money and that the amount granted yearly to libraries on the basis of circulation shall not exceed ten cents for each volume of the circulation thus cer- tified by the regents; and provided that the trustees of any insti- tution supported under this chapter by public money, in whole or in part, may, so far as consistent with free use by the public at reasonable or specified hours, close any of its museum col- lections at certain other hours, for study, to meet the demands of special students or for exhibition purposes, and may charge an admission fee at such hours, provided that all receipts shall be 455 TOWN AUDITS. (Cu. xvi. §§ 760-762 Libraries, Taxes, Apportionment, Abolishing, etc. paid into the treasury and be used for the maintenance or enlarge- ment of the institution. University Law, § 37, as amended by chap. 481, Laws of 1900. § 760. Taxes for libraries—Taxes, in addition to those other- wise authorized, may be voted by any authority named in section thirty-six, and for any purpose specified in sections thirty-six and thirty-seven, and shall, unless otherwise directed by such vote, be considered as annual appropriations therefor till changed by further vote, and shall be levied and collected yearly, or as di- rected, as are other general taxes; and all money received from taxes or other sources for such library shall be kept as a separate library fund and expended only under direction of the library trustees on properly authenticated vouchers. University Law, § 38; 3 R. 8. 3398. Sections 36 and 37 above re- ferred to are §§ 758 and 759. § 761. Apportionment for public library money.—Such sum as shall have been appropriated by the legislature as public library money shall be paid annually by the treasurer, on the warrant of the comptroller, from the income of the United States deposit fund, according to an apportionment to be made for the benefit of free libraries by the regents in accordance with their rules ani authenticated by their seal; provided that none of this money shall be spent for books except those approved or selected and furnished by the regents; that no locality shall share in the ap- portionment unless it shall raise and use for the same purpose not less than an equal amount from taxation or other local sources; that for any part of the apportionment not payable directly to the library trustees the regents shall file with the comptroller proper vouchers showing that it has been spent in accordance with law exclusively for books for free libraries or for proper expenses incurred for their benefit; and that books paid for by the State shall be subject to return to the regents whenever the library shall neglect or refuse to conform to the ordinances under which it secured them. University Law, § 50; 3 R. S. 3400. § 762. Abolition of library—Any library established by pub- lie vote or action of school authorities, or under section thirty-six of this act, may be abolished only by a majority vote at a regular annual election, ratified by a majority vote at the next annual election. If any such library is abolished its property shall be 456 CH. xvit.] TOWN AUDITS. Gifts for Parks and Libraries, Incorporation for, etc. §§ 763, 764 used first to return to the regents, for the benefit of other public libraries in that locality, the equivalent of such sums as it may have received from the State or from other sources as gifts for public use. After such return any remaining property may be used as directed in the vote abolishing the library, but if the entire library property does not exceed in value the amount of such gifts it may be transferred to the regents for public use, and the trustees shall thereupon be free from further responsibility. No abolition of a public library shall be lawful till the regents grant a cer- tificate that its assets have been properly distributed and its abolition completed in accordance with law. University Law, § 51; 3 R. 8. 3400. § 763. Gifts to trustees for parks and libraries authorized.—It shall be lawful to grant and devise real estate, and to give and bequeath personal property to trustees and their successors in trust, for the purpose of creating, continuing and mainiaining, according to the terms, conditions and provisions of such grant, gift, devise or bequest, one or more public parks, or a public library, or both such park or parks and library, in any village or town of this State. The number of such trustees shall not be less. than three nor more than nine. Laws of 1890, chap. 160, as am’d by chap. 53, Laws, of 1896; 3 R. S. 3489. § 764. Incorporation of park and library trustees.—Whenever any such grant, gift, devise or bequest shall have been made, such trustees shall thereupon become and be a body politic and cor- porate with the name which shall have been specified by the donor in making the donation, and with the number of trustees, within the foregoing limits, named by the donor; and such corporation shall have full power to take and hold all property which shall have been and also which shall thereafter be granted, given, de- vised or bequeathed to it as aforesaid for said uses and purposes, and shall possess the powers and be subject to the provisions and re- strictions contained in title three of chapter eighteen of part one of the Revised Statutes. If no name shall have been specified by the donor as aforesaid, the name of the corporation shall be such as the said trustees shall adopt, certify and file in the county elerk’s office of the county in which the interested village or town. is located. Laws of 1890, chap 160, as am’d by chap. 53, Laws of 1896, § 2; 3 R. S. 3489. 457 TOWN AUDITS. [Cu. xvi. §§ 765-768 Park and Library Trustees, ete.; Habitual Drunkards, Scssion Laws. § 765, Eligibility of park and library trustees—Vacancies—Re- ‘movals.—Residents of the interested village or town only shall be eligible as trustees. In case of the death of a trustee or of his resignation, removal from the village or town, removal from office, or inability to discharge the duties of his office, his place shall be deemed to be vacant, and may be filled by the remaining trustees; and, in default of their so making an appointment within three months, the appointment to fill the vacancy shall be made by the supreme court, on the petition of any inhabitant of the interested village or town, and after due notice to the other trustees and to the president of the village or supervisor of the town. Said trustees shall be subject to removal by said court for malfeasance or misfeasance in office, upon such notice and after trial in such manner as said court shall direct. Laws 1890, chap. 160 as amended Laws 1896, chap. 53 § 3; 3 R. S. 3489. § 766. Habitual drunkard.—The accounts of overseers of the poor for the expense of defending the trial of an action to deter- mine whether he is an habitual drunkard, shall be audited and allowed as town charges. 3 R. S. 1925-1926. § 767. Session laws.—The secretary of State shall, at the expense of the State, transmit to the clerk of every new county and town, the latest legislative revision of the general laws of the State and if practicable, a complete set of the volumes of the session laws, passed since the session of 1830. Whenever the revision of the general laws of the State or any of the volumes of the session laws passed since 1830, belonging to any town, shall be destroyed by fire, the secretary of State shall, if practicable, replace them at the expense of the State. Executive Law, § 24; 1 R. S. 1163. § 768. Accounts of justices in criminal matters.—The accounts rendered by justices of the peace for services in criminal proceed- ings shall, in all cases, contain the name and residence of the complainant, the offense charged, the action of the justice on such complaint, the constable or officer to whom any warrant on such complaint was delivered, and whether the person charged was or was not arrested, and whether an examination was waived or had, and witnesses sworn thereon; and the account shall also show the final action of the justice in the premises. Town Law, § 164; 3 R. S. 3332. See Fees in Criminal Proceedings. 458 Cu. xvit.] TOWN AUDITS. Justices’ Account in Criminal Matters. § 768 Form of justice’s account: THE TOWN OB}. isiicccoscacciwcsnvied PTR cee cementing le Nace eit en oan ee nema oe apa , Justice of the Peace, Dr. who resides at...........-....-0..050- town Of «scesncrcenwcenresnusreads THE PEOPLE agt. Defendant. Complainantis: mame: WaSsixscucccsiciiseuiigunsegdeakacuicen eugene eames oy Complainant resides at..................-. COW Ofsccecswanexosvarress Offense charged was.......... and was committed in town of.......... On the information tiled I issued a........ 00.0.0 eee eee eee (Giving the action of justice in the matter.) Warrant: was: delivered. t0. scscsavacscasese dane din teeee ye ceded Constable TAG A CRON GATE VAR occ seocep sce suacds csapwehsso uns ois duels navieeatssdoeislanertecivactasea eden arrested An examination of defendant was............ 0.0.00 cece ce cee eee ees had Witnesses sworn on such examination were as follows: Edicion eco tien onan edeemeataeaneastidh (Giving final action of justice in the matter.) To administering.......... OALHS, At LOC ec cicuvisse a a susie eta asdaareacsena aves — drawing an information.....-......-.....se sees cence eee eee 25 taking’ depositions of........ witnesses on information............ — issuing warrant of arrest........-... 2222s cece eee ee eee eee eee 25 indorsing warrant from county of .............. 2002s ee eee eee 25 warrant of commitment occu ccc cannes neeie es au ea ee eee 25 BUDPOENA .... seu tcrkeemnceeL PEN ERS Eee ened VeneE TE aeemae 25 Sauisinstvonei copies of subpoena for service, at 10c..... atin Same aae — PURI cca sits ssar seems iscan adie nse soca nate sleesn eign insect Rip omap piesa Hamed Gutudueed alter dite —- filing........ COPY OF oo srccaw seas folios, at 5c.................. — Centificate: -cosnacs ee wa ii au ieie aid Grn abe aca adn emia ae aera mire dare — drawing undertaking of bail...........- eee eee eee eee eee eres 25 taking wscekscecernans acknowledgment ch tg nV E OR Sse jedenelaoac em — swore days’ attendance in hearing or examination............. —— nd eR necessary adjournments..........-...-- cece eee e eee eee VENITE 222s eee tenet eee te eens 25 swearing.......---. witnesses, at 10€........ 0c cece eee e cee eceees — SWeaTing jUTY... 6.6.6 ei eee eee reece ete eee eee ee 25 {And so on v with each item.) TOtAl ccwicnsacngauiad od PRBS Seee «ae Dae RES Sew $— STATE OF NEW YORK,] ,, . Monroe County, Lchamnassh tieload tana assay RRMA EO BEY , being duly sworn, says that he is the claimant above named; that the items of such account above set forth are 459 TOWN AUDITS. . [ CH. XvII. § 769 Fees in Criminal Matters, Town or County Charges. correct and that the services charged therein have been in fact made or ren- dered or necessary to be made or rendered; that no part thereof has been pre- sented to any preceding board of audit for audit, and no part thereof has been paid or satisfied. Monroe County, N. Y. § 769. Fees of officers in’ criminal proceedings, when town or county charge.—The fees of magistrates and other officers for services in criminal proceedings, for or on account of an offense which a court of special sessions has not jurisdiction to try, shall be a county charge, if the magistrate had jurisdiction of the pro- ceedings in which the services were rendered. The fees of magis- trates and other officers in other criminal proceedings, or in crim- inal actions tried before a magistrate of the town where the offense is charged to have been committed, shal] be a charge against such: town. The fees of a magistrate or officer in issuing or- serving process for an offense committed in a town other than that in which such magistrate resides, and of which a court of special sessions has jurisdiction to try, or which a magistrate has juris- diction to hear and determine, and the fees of a magistrate in the trial or examination of a person brought before him by reason of the absence or inability to act of the magistrate before whom he i+ directed by the warrant to be brought, charged with such an of- fense committed in a town other than that in which the magistrate before whom such person is brought resides, shall, in either case, be a charge against the town in which such offense was committed. Except as provided in this section no fees shall be allowed either as a town or county charge to a magistrate or other officer, for services in a criminal action or proceeding, before a magistrate of one town for or on account of an offense charged to have been committed in another town, and which a court of special sessions has jurisdiction to try, or which a magistrate has jurisdiction to hear and determine. The fees of a magistrate and the fees and mileage of a peace officer in connection with the arrest, examina- tion, conviction and commitment of a tramp, or of a vagrant un- der subdivisions one, five or six of section eight hundred and eighty-seven of the Code of Criminal Procedure, may be fixed by the board of town auditors, if any, and otherwise by the town board of the town, or the board of supervisors of the county, to 460 CH. xvit.] TOWN AUDITS. Officers’ Compensation for Conveying Juveniles, etc. § 770 which the same are chargeable, not exceeding the amount now allowed by law; and when so fixed, shall supersede as to such town or county any other provision of law fixing fees or mileage in such ease,’ Town Law, § 165; 3 R. S. 3233, as amended by chap. 667, Laws 1898. See § 512, ante. A justice of the peace is a town officer. 109 N. Y. 170; 6 Cow. 642. Contra, 47 Hun, 409. See Report of County Officers as to Fines; County Law, § 233, post; also, chap. 685, Laws 1894, § 1. No magistrate shall charge or be allowed for more than six subpenas in any one criminal case nor shall any board of supervisors allow any charge for issuing or serving any subpena in any criminal case or proceeding issued or served on behalf of a defendant. Laws 1845, chap. 180, § 18; 1 R. 8S. 1116. To fix and determine compensation of officers for the conveyance of juvenile delinquents to houses of refuge, and Innatics to insane asylums.—The board of supervisors in the respective counties of this State are empowered, and it shall be their duty, annually, to fix and determine the compensation to be allowed and paid to officers for the conveyance of juvenile delinquents to the houses of refuge, and of lunatics to the insane asylums, and no other or greater amount than that so fixed and determined shall be allowed and paid for such service. Laws 1859, chap. 254; 2 R. S. 2372. As to fees and expenses for conveying convicts to the penitentiary, see “ Sheriffs’ Fees,” For juvenile delinquents sentenced to the House of Refuge in New York city the sheriffs seem to be entitled to the same compensation as in the transporta- tion of convicts to State prison, to be audited and paid by the supervisors as are other county charges. Laws 1826, chap. 24, §§ 2 and 3; 2 R. S. 2390. It is a sufficient answer to a charge for taking care of the courthouse that a janitor is employed for that purpose at a salary. In order that a claim of an officer or magistrate against a town for services in criminal cases shall be allowed, it must state the place where the crime was committed. People ex rel. Andrews v. Auditors, 16 Misc. 92; s. ¢., 73 St. Rep. 82. § 770. Form of constable’s accounts. The Town (or County) of.................00. THE PEOPLE agt. Warrant issued DY......... cc ccc cece een rete ee eaten eee eenteeebnceeaneae Offense; charged. cc cgiecd cate Bendis ep pevtiy soa bee a eee. a anaes es nde TOWN AUDITS. [ CH. xvir. § 771 Appeal from Town Board. Offense committed in town of............-. 0.00 e eee cece ee ee @ Defendant: arrested: at. coc. ceded ene odoueege toes mesos s gene naaee rend Renee Distance actually and necessarily traveled to arrest said defendant going trom ian Neh pent 3 to ............ and returning .......... miles ......... To serving (insert name of precept served) on said defendant at............ To taking said defendant into custody on mittimus........................ Om oss sus a3 miles traveled in going from................ to (Utica or Rome jail, as the case may be) in order to deliver said defendant. To taking charge of jury. To keeping prisoners............ days. To notifying complainant, complainant’s name was........-.-- 66. esee eee and; he- resides: atic 44sec dbp betty ates ea ena Dieses D4 iene DO eum us A aii The services herein were rendered by the direction of...................... The said defendant was (discharged or committed or bailed as the case may be) by said magistrate. (Add verification as in § 247, ante.) FORM OF ACCOUNT FOR SERVICE OF SUBPOENA. FDO cst 2 sp exten oh 2 ssad de Bile Pscsae Bh ree RG UIE eett eas SEG SOE BOD ONT I Constable, Dr. THE PEOPLE agt. Subpoena issued by.... 2.0.0... ccc cee eee ete tenet ete ete nee Offense charged WaS........- 0.6 cece erence eee cence eee eees Number of names in precept........... 000. c cece cnet eee nne Number of persons upon whom served.........-..--+-++- Risse wndand ahebosbary deg Place where each witness was served was as follows: : Notifying aa uateah eee eee ere rere reer eee er ee cee re Precept returned t0......... 00. eee eee eee tee eee eee Offense was committed in town of..............--4- AG iar) couse Seay k Ratereeee gas (Add verification as in § 247, ante.) § 771. Appeal from town board to board of supervisors.—If any account of a justice of the peace, or town constable, for fees in criminal proceedings, is audited by a town board of any town, any taxpayer of the town may appeal from the auditing and allowance to the board of supervisors of the county, and the board of supervisors may audit and allow such account. If the account shall be disallowed, or the amount thereof reduced, the party presenting the same shall have the same right of appeal as above provided. The appeal shall be taken within fifteen days 462 . CH. XVII. ] TOWN AUDITS. Justices’ Dockets, ete. § 772. after filing the certificate of allowance, or disallowance of an ac- count by the town board, in whole or in part, by the service of a notice of appeal in writing on the town clerk and the clerk of the board of supervisors; and the town clerk shall forthwith there- after transmit the account to the board of supervisors of the county, to be audited and allowed by them; and the town board shall have no further jurisdiction over the account after the serv- ice of the notice of appeal. Such part of such accounts as the board of supervisors shall allow, shall be assessed and collected the same as other town charges. Town Law, § 163; 3 R. S. 3232; see § 682, ante. If the account so presented is rejected in whole or in part, the claimant. may have mandamus to the town board, although he has the right to appeal to the board of supervisors. He is not confined to the appeal. People ex rel. Frazer v. Board, 71 Hun, 461; People ex rel. Millspaugh v. Board, 1 How. (N. 8.) 224. § 772. Justice of peace docket.—The justices of the peace are required to keep a civil and criminal docket to be furnished by the town. Code Civ. Pro., § 3140, subd. 16; Code Crim. Pro., § 220; see § 700, ante. As to accounts for elections, see chapter on “ Elections.” As to schools, see chapter on “ Schools.” As to expenses for soldiers, veterans, militia, see chapter on “ Soldiers,” ete. As to expenses of board of health, see chapter on “ Board of Health.” As to expenses for monuments, see chapter on “ Soldiers.” As to municipal bonds, debts, see chapter on “ Municipal Debts.” As to vaccination, see chapter on “ Board of Health.” In relation to dogs, see “ County Law” and “ Dogs.” In relation to bastards, see chapter on “ The Poor,” §§ 873 and 885, Code Crim. Pro. As to suits, actions against towns and towns as corporations, see chapter on “Towns as Corporations.” As to appointment of committee of incompetent, see chapter on “ Poor.” As to town bonds and other municipal obligations, see chapter on “ Mu~ nicipal Debts.” 463 PART THREE. Cuap. 18. Public health— state de- 21. Sewerage, §§ 841-870. partment, §§ 773-778. 22. Drainage, §§ 871-892. 19. Local boards of health 23. Labor law, §§ 893-924. § 779-800. 24. Cemeteries, §§ 925-940.. 20. Water supply, §§ 801-840. CHAPTER EIGHTEEN. THE PUBLIC HEALTH. §773. Organization, state department. §777. Examination and inspection of §774. General powers and duties of public works. commissioners. 8778. Powers of commissioners when §775. Duties with respect to vital municipality fails to establish statistics. board of health. §776., Nuisances. § 473. Organization—State department of health—Commis- sioner of public health—The State department of health and the office of commissioner of health are hereby created. The com- missioner of health shall be the head of such department. Such commissioner shall be appointed by the governor, by and with the advice and consent of the senate, and shall be a physician, a graduate of an incorporated medical college, of at least ten years’ experience in the actual practice of his profession, and of skill and experience in public health duties and sanitary science. The term of office of the commissioner first appointed hereunder shall expire on the thirty-first day of December, nineteen hundred and four, and the term of office of the cammmisaionen thereafter ap- pointed shall be four years, beginning on the first day of January of the year in which he is appointed. Within twenty days after the amendment of this section takes effect, the governor shall ap- point a commissioner of health as herein provided and upon the appointment and qualification of such commissioner, the terms of the members of the state board of health and the secretary of such board shall expire. Public Health Law, § 2. § 774, General powers and duties of commissioner.—The com- missioner of health shall take cognizance of the interests of 465 THE PUBLIC HEALTH. [ CH. Xvirt. § 775 Commissioner’s Powers and Duties, Vital Statistics, etc. health and life of the people of the state, and of all matters ap- pertaining thereto. He shall make inquiries in respect to the cause of disease, especially epidemics and investigate the source of mortality, and the effect of localities, employments and other conditions, upon the public health. He shall obtain, collect and preserve such information relating to mortality, disease and health as may be useful in the discharge of his duties or may contribute to the promotion of health of the security of life in the state. He may issue subpoenas, compel the attendance of witnesses and compel them to testify in any matter or proceeding before him and a witness may be required to attend and give tes- timony in a county where he resides or has a place of business, without the payment of any fees. The commissioner of health may reverse or modify an order, regulation, by-law or ordinance of a local board of health concerning a matter which in his judg- ment, affects the public health beyond the territory over which such local board has jurisdiction; and may exercise exclusive jurisdiction over all lands acquired by the state for sanitary pur- poses. The commissioner of health and any person authorized by him so to do, may, without fee or hindrance, enter, examine and survey all grounds, erections, vehicles, structures, apartments, buildings and places. Public Health Law, § 4, as am’d by Laws 1901, chap. 29. Disobedience of subpena, see Code of Civ. Pro., §§ 854-859. For obstruction of health officer and violation of health laws, see Penal Code, §§ 396 and 397. § 775. Duties with respect to vital statistics—There shall be in the state department of health a bureau of vital statistics for the registration of births, marriages, deaths and prevalent dis- eases, which shall be under the general charge and’ supervision of the commissioner of health. He shall prescribe and prepare the necessary methods and forms for obtaining and preserving such statistics, and to insure the prompt and faithful registration of the same in the several municipalities and in the state bureau. He shall from time to time recommend such forms and such amendments of law as shall be deemed necessary for the thorough organization and efficiency of registration of vital statistics throughout the state, as supervised by him. The clerical duties and safekeeping of the state bureau shall be provided for by the commissioner of health. The comptroller shall provide and fur- nish such stationery as the commissioner may require in the dis- 466 Cu. xviil.] THE PUBLIC HEALTH. Duties with Respect to Vital Statistics. § 775 charge of his duties. If defects exist in any registration under the supervision of a local board of health, the commissioner shall notify ‘the local board that such defects must be amended’ and prevented within one month from the date of the notice. If such defects are not so amended or prevented, the commissioner shall take control of such registration and the record thereof, and enforce the rules and regulations in regard thereto, and secure a complete registration in such municipality, and such control shall continue until the local board satisfies the commissioner that it will make such record and registry complete, as required by law. A copy of any record or registry in the office of the state depart- ment of health, duly certified by the commissioner to be a true copy thereof, shall be presumptive evidence in all courts and places of the facts therein stated. The commissioner of health shall prescribe and prepare the necessary methods, forms and rules regulating the issue of transfer permits, by local boards of health, for the transportation of corpses, for burial outside of the county where death occurred, and the use of such permits. He shall require: a coupon to be attached to every such permit to be de- tached ‘and preserved by every common carrier, or person in charge of any vessel, car or vehicle, to whom any such corpse shall be delivered for transportation. Public Health Law, §5, as am’d by Laws 1901, chap. 29; am’d by chap. 484, Laws 1904. See references in sec, 813. This “ Stub ” to be kept by 9 STATE OF NEW YORK. person issuing Permit. pee ue e BURIAL PERMIT. BURIAL PERMIT. . Name of Town, pe Sek a : . : = (Village) and County. 1. Name of Deceased, Bio. EES Sehuecatee Adload a aba vie Gide a eee ane 4 hs ateaca ina tac (Dated, ) 1 facse TE saa ered ac ae ge, -+- a The Certificate of Death having been fur- £2 Pew ; 8 nished to me, as required by the Laws of 2 Place of Burial,....... *§ this State, permission is hereby given for ; : the Burial fsa chiara est pice aes, ee Age,.... 3. Date and. Place of Death, % (City or Township.) § who died at....... cee cc cece nee » in the Sr w County of ...... eee eee eee. OMe, a ; the cause of death being.......... Sa Place of Burial,.................... eas a Undertaker or person Flctaiea Tasos eeees ee een 5. Certified By... esse Se en NRA a MH a oes Ries D ee sacha eae were pirates ncn ont 6. Undertaker, oo... (Official Title.) THE PUBLIC HEALTH. [Cu. xvul. § 775 Forms for Burial Permit and Tansit Permit. BURIAL PERMIT. Name of Deceased, In the Town (Village) City of.... County Of s. coseesaauliseeanass Note. — This permit is only to be issued for a burial within the county where the death takes place, and is to be kept by the cemetery keeper where the body is buried. It is to be issued on the filing of a death cer- tificate, certified to as required by Sec. 23 of Chapter 661, Laws of 1893. Note. — Burial Permits, and all Blanks, are to be procured of Town and Village Clerks and Boards of Health, for the Registry of Births, Marriages, Deaths and Burials. This coupon is to be used only when body is in transit through the City of New York or other large cities requiring a record of bodies passing through such cities. When not needed this coupon should not be given out nor should it be signed by officer issuing the permit. When not used this coupon must be torn from the permit. Coupon No. Three to Transit Permit No.............. of the body of Sue lancs daere Oe eens who died at.................., and is to be buried at e Pentihe Hawedc . scagusseeduesonsee OU OP isla alae ncsats for transit through the city Of ....6656046cees see awe ee eud ccedween es Before this body leaves the city of........ 0.0... cece eee eee ee eee through which it is in transit, the ferry or bridgemaster or transport agent will tear off this coupon and send it to the Health Department of the city as its regulations may require. Signed sve s vais ta wre a se gares sages TertieR ee es . (Official Title.) TRANSIT PERMIT. TRANSPORTATION OF CORPSE. NEV? YORK STATE DEPARTMENT OF HEALTH. Transit Permit No............20ceeeee ‘ 468 (Always write with ink.) Cu. xvii. ] THE PUBLIC HEALTH. Form for Transit Permit. § 775 PERMIT OF LOCAL HEALTH DEPARTMENT. This permit must be properly signed and presented, with Undertaker’s Certificate, to the Railroad, Express or other Transportation Agent before a body can be shipped. In the...... Ol oni ayamarsemapas GCOlinty? Of wii ccsccnacaeare aie anare-vs State of New York, on this.................. day” Of us cee wse seins sesamaoe en aes 190 .... Permission is hereby given ................ 00 c cece eee holder of Embalmer’s License No.............. , to remove for burial at............ Say ants Secs osedauts wessalesint COUT OF ooo c ccna ecto aod omnia heuer oa BERLE, OF EG Nps hayek aka late cana nadine Ga Bans Mae thE OMY: OF ies, corwsteardignndaumnin comerae eaecens Sse soudeonn do who died at ................ County of ................ State of New York, on the................ day Of os enacseevioe sa adenine 190, at ceva M. Aged............ years ............ Months and............ days. The cause of death being .................... which isa............ communicable disease requiring shipment under Rule No...............- of the Rules of the New York State Department of Health for the Transporta- tion of the Dead, as printed on the back of this Permit. Name of person in charge of transit ............ 0... cece cece eee eee DIB! Gates: nae eR eS tS ic: tymtane SE Gusiahd Rd seaNaienon Grewal s Rua 22 PRES 8 8 eae oe ARE Gn Eh Ge Gee, G8 SR BMS SEG WEL Be WSS 6 wR S Be RISES Se Dieses we (Official Title. ) This Permit and Coupon must be detached and delivered to the Person in charge of the Corpse. Coupon No. Two, to transit permit of......... 00... cece cece cece eee ee (Name. ) who died at................ , County of................ » New York. Before this body leaves............... cee eee eee eee the Carrier or Transportation Agent will tear off and keep this coupon. If otherwise de- tached from the permit the coupon must not be received. Coupon No. Two, to transit permit of..................000cce cece ee (Name. ) who died at................ , County of.............. ++» New York. Before this body leaves................ 0.0. cece eee eee ee the Carrier or Transportation Agent will tear off and keep this coupon. If otherwise de- tached from the permit the coupon must not be received. NEW YORK STATE DEPARTMENT OF HEALTH. (Always write with ink.) This Certificate with the Paster below must be detached and pasted to the box. Transit Permit No................ CERTIFICATE OF UNDERTAKER. I hereby certify that the accompanying dead body of.................. (If a minor give parent’s name also. eissauauibbviie dosh angie charieent Reaves BBSISNE CO... seiws eacecieiy saisscinia o 4 ww wee onsen OE SEAL ONO R acca ites conersusrca aid Guashedea ayant fea wie seater and who died of ........ iy dataecbl ty eis orphaauians onan tgaates (Sentence arabes has been prepared by me for transportation, in conformity with Rule No.................... of the Rules printed with this permit; and that I hold Embalmers License No.................... issued by the Board of Embalming Examiners of the State of New York. Essie tan 8 toga av aala ds ghia a ent cae Shipping Undertaker. Saueg acs eharaiene dss Mars baw UREN TE ace Place of Business. sates ae of ............, County of ............ State of New York. 469 THE PUBLIC HEALTH. [Cu. xvi. § 775 Rules for Transportation of Dead Body PASTER. The Railroad or Other Transportation Agent must enter hereon a descrip- tion of the ticket held by the passenger in charge of the corpse, the exact route, VIA WHAT JUNCTIONAL POINTS it reads. SPECIAL INSTRUCTIONS — A burial case containing a corpse must not be received for transportation unless the person in charge presents a permit from the local Board of Health, and an Undertaker’s Certificate that the body has been prepared for shipment in accordance with the Laws of the State; nor will be received even then if any fluids or offensive odors are escaping from the case. Date cao caus eeness ING: Min di eocachieie z.caiiawe 190! esi: PRON wah 52s nee eeanets ieee State of New York, £0 0 cswsss-canvws ces eseuys State Of 25.sseesvsase ss sanee es No. of Mscort’s Ticket ............. Form No. of Escort’s Ticket ....... No. of Corpse Ticket .............. Form No. of Corpse Ticket ....... N40. ccna pag ype este wns 2h eee a eee TO) ck Se ctoa etiarde ibd Macnee Rak taenned WE apaines WAR) c ght A ciads RA Neadm Suave oedema TDOt: soc ites enone wa eres bos eaee coed gs Wir sass ereuy face stede ee wae danas: LO i sisi g dels Samoa s ig SESH cae lees Nit sces t sae tiie en i ees eee poe 5 TO sa xeeesapadiede ote eeies 0834 meee NAG s waa pagan SRR OGD SRE dw ares TO. sven sk arate Hass cots 2 34 REE Name of Passenger in charge..... Place of Residence ................ BIGNE” neienan miner sae ea 5pe09 a mubebeged aus Shipping Agent .................065 NEW YORK STATE DEPARTMENT OF HEALTH. Form 60 RULES OF THE NEW YORK STATE DEPARTMENT OF HEALTH, FOR THE TRANSPORTATION OF THE DEAD. TITESE RULES HAVING BEEN DULY ADOPTED AND PROPERLY PUBLISHED, HAVE TITE FORCE OF LAW. Rue 1. The transportation of bodies dead of smallpox, Asiatic cholera, yellow fever, typhus fever or bubonic plague, is absolutely forbidden except upon certification, sworn to by the undertaker in charge of the remains, and the certificate of the Health Officer, both to be approved by the State Com- missioner of Health, that the bodies have been thoroughly disinfected by (a) arterial and cavity injection with an approved disinfectant fluid, (b) disin- fecting and stopping all orifices with absorbent cotton, and (c) washing the body with the disinfectant, all of which must be done by an embalmer hold- ing a license as such approved by the State Department of Health. After being disinfected as above, such body shall be enveloped in a layer of cotton not less than one inch thick, completely wrapped in a sheet and bandage, and encased in an air-tight zine, tin, copper or lead-lined coffin, or iron casket, all joints and seams hermetically soldered, and all enclosed in a strong, tight wooden box. Or, the body being prepared for shipment by disinfecting and wrapping as above, may be placed in a strong coffin or casket, and said coffin or casket encased in an air-tight zinc, copper or tin case, all joints and seams hermetically soldered ad all enclosed in a strong outside wooden box. Rue 2. The bodies of those who have died of diphtheria (membraneous croup), scarlet fever (scarlatina, scarlet rash), glanders or anthrax, shall not be accepted for transportation unless prepared for shipment in the manner prescribed by Rule 1, the same to be approved and certified to by the local health officer. 470 CH. XyiiI.] THE PUBLIC HEALTH. Rules for Transportation of Dead Body. § 775 Rue 3. The bodies of those dead of typhoid fever, puerperal fever, erysipelas, tuberculosis and measles, or other dangerous communicable diseases other than those specified in Rules 1 and 2 may be received for transportation when prepared for shipment by filling the cavities with an approved disin- fectant, washing the exterior of the body with the same, stopping all orifices of the body with absorbent cotton, and by being arterially embalmed; all of which must be done by a licensed embalmer of the State of New York, and the same encased in a coffin or casket, and outside wooden box. In the event of bodies dying of diseases mentioned in this rule not reaching their destina- tion within 120 hours after the hour of death, the casket or overbox shall be hermetically sealed. Rue 4. The bodies of those dead of diseases that are not contagious, in- fectious or communicable may be received for transportation when encased in a sound casket or overbox, providéd that they reach their destination within thirty hours after death. If the body cannot reach its destination within thirty hours after death, it must be prepared for shipment by filling the cavi- ties with an approved disinfectant, washing the exterior of the body with the same, stopping all orifices with absorbent cotton and the body must be arterially embalmed by a licensed embalmer of the state of New York, and the same encased in a coffin or casket and outside wooden box. Rute 5. In cases of contagious, infectious, or communicable diseases, the body must not be accompanied by persons or articles which have been ex- posed by the infection of the disease, unless certified by the health officer as having been properly disinfected; and before selling passage tickets agents shall carefully examine the transit permit and note the name of the passenger in charge, and of any other proposing to accompany the body, and see that all necessary precautions have been taken to prevent the spread of disease. The transit permit in such cases shall specifically state who is authorized by the local Board of Health to accompany the remains. In all -cases where bodies are forwarded under Rules 1 and 2 notice must be sent by telegraph health officer at destination, advising the date and train on which the body may be expected. This notice must be sent by or in the name of the health. officer at the initial point, and is to enable the health officer at destination to take all necessary precautions at that point. Rute 6. Every dead body must be accompanied by a person in charge who must be provided with a passage ticket and also present a full first-class ticket marked “ corpse,” for the transportation of the body, and a transit per- mit— with undertaker’s certificate, name of deceased, date of death; age, place of death, cause of death, and if of a contagious, infectious or com- municable nature, the point to which the body is to be shipped. And when death is caused by any of the diseases specified in Rules 1 and 2, the name of the person or persons authorized by the local Board of Health to accom- pany the body. The undertaker’s certificate and paster shall be detached from ‘the transit permit and pasted on the coffin box. The transit permit shall be handed to the person in charge of the corpse. The first coupon shall be sent to the official in charge of the baggage department of the initial line, and by him to the secretary of the local Board of Health of the municipality from which such shipment was made. Rute 7. Every disinterred body dead from any disease or cause, shall be treated as infectious or dangerous to the public health and shall not be accepted for transportation unless said removal has been approved by the local health authorities having jurisdiction where such body is disinterred, and the consent of the health authorities of the locality to which the corpse is consigned has first been obtained; and if the death was from causes spcci- fied in Rule 1 the approval of the State Commissioner of Health must like- wise be obtained. AJl such disinterred remains shall be inclosed in a her- metically sealed (soldered) zine, tin or copper lined coffin or box. Bodies deposited in receiving vaults shall be treated and considered the same as buried bodies. 471 THE PUBLIC HEALTH. [ CH. xvi, § 775 Form. TRANSPORTATION OF DECEASED PERSONS. TO TRANSPORTATION AGENTS CONCERNED: You will in no case receive a corpse for transportation unless accom- panied by a board of health certificate, also an undertaker’s certificate that the body has been prepared for burial and shipment in accordance with the rules of the State Department of Health, nor will you receive it even with such certificates if fluids are escaping from the case or it has become offensive in any degree. One full first-class limited or unlimited ticket will be re- quired for the transportation of a corpse without regard to the age of the deceased, and a corpse will not be taken for transportation except there is x passenger with it in charge. The word “ Corpse” should be plainly written on the face of a local and each coupon of a coupon ticket. A record must be made of all bodies shipped and carried, on the back of your station and trip reports, giving name of deceased and destination. It will be the duty of Agents and Baggage Agents to see that each burial case is properly marked on “ Paster,” giving date and at what station shipped, point of destination, “State,” number and form of ticket, name of passenger in charge and place of residence, with name of Agent. If the corpse is des- tined to a point beyond the initial line, the initials of each road over which it passes must be written on the paster; also the terminal point of each road at which transfer is made with connecting line, as shown on the coupons of the ticket. You will see that the “ Certificate of Undertaker ” is properly filled out by him, and the paster is properly filled out by yourself and is securely pasted to the coffin box before it is put into the car, and the permit remaining you will hand to the passenger in charge of the corpse. The first coupon will be sent to the General Baggage Agent of the initial road by first passenger train. All this information is necessary to insure the prompt and correct trans- portation of the corpse. WE, the Groom and Bride named in Chapter 138 of Laws of 1897. this Certificate, hereby certify, that the Section 22. * * * Every groom, offici- information given therein is correct, to ating Savane or magilate eee ; : marriage shall cause a certificate of suc the best of our knowledge and belief. + * * marriage to be returned within thirty days thereafter to the local board Groom. of health or person designated by it to receive aS same) which shall be attested, . * * * by the officiating clergyman or mag- UP ES) ais causenasge Sear vaasos Sig eee Bride. istrate, ** * The person making such Bi z certificate shall be entitled to the sum of igned in the presence of twenty-five cents thereof, which shall be a charge upon, and paid by the municipality where such * * * marriage * * * occurred, and The law requires that the Certificate of a Marriage shall be returned and _regis- tered in the town, village or city where it jee RR wae we Seen eee eee eee e eens OCCUFS. 472 “SRILA ‘aSeLIIE YL S2PHa $,UL0015) jo Jaquny jo Jaquinn “WEN ‘ouleN uaprey uspleW S,Ja4j0W 8 ,J0410 ‘ouleN ER, s,2oqey §,J94}2 ‘apg: jo ‘woorn jo seeder soupdyyaig ‘MOPIM B JI *paMmopt oueN zs Saute uaplen PaMopry, ‘uoredn339Q, JO a[suIg : *10J0D) “r0joD ‘33V ‘a3V apug jo “woO1X) JO aouepisay aouapisay aure n ‘oweN TINA Sanne a §,W001n) Mona in aouapIsay Weea SURE Sea eM elas 6 WOHRIG TROY tet rteterereeees Uiees seers 8y aouapisoy *Auoulaiay 344 } “OBRLIEYL er ey ence reer esenee ween nece Surutiojsad WOSIOd (cece encaeercesces en aeane wane cesces 3T]} 0} SSauzT A jo aanzeusis nae oan eUaIS OOT ete tet eee cree tne neene jo Cop nile aia ay eb e sOee daNiR MS OSE. 0 aae ERT. mre “$141 Ce meee me eee eee ee weet eee nee 40 "440K man fo aqDIS ays fo SMO] 24} YPM aIUDpAsOIID WA ‘aut fq asnasom ut pauiol a4am oe cites dd GhaNS gO lang fis. g Male RT GME bas UTS ay Rey See nes |, eS eee eee a neers cre eeee ‘sss apu TT RATLLNAD AGAYAH I ost St IS be : ste eeeee eee rerezg AIID AOVIMAUVA AO GUOOTA GNV ALVOWMILYAD....... wine aan ‘ON PetastBoyy cence eee jo umoy| SOILSILVLS TVLIA AO NVAANA— AAOA MAN AO ALVIS verre sess jo Ayunog GHAISOaU Ad TIM ALVOISILYRD GALVIILNW ON ONIGNIG YOK CHAMASATA NIDAVIN ATINIV1d ALTYM GNV ANI HLIM LINO THA ‘aseliieur JO aywoyIyAVd se padtad 721 9g OU [IM qnys sit Lay dices gents valtas | sapere dts 2 sha { Ssaugt yy ayy fO aouapisay a3DMAD 94 {0 ssauqty seneee Fottteeeeeeeeree gang BAG GERTE Swe inh 6 Shae aouapisay, Tt eee caer ee eas (24nyousts) Se nies €q poutsofaag aSriaavyy ar ace 6 dase auDN uapwy saayioyy Yaa RNR ABL LTS Ae aia dares owoN s4ayIDy PSS s SSS we apug jo aonjdyqaig (Topas) °° aeisor> 98H stiita es Vials Se spitg fo auapisay este a ae mopwm jr ‘ounmy vapwy KS PRUE. 6 OWRSS O aupyy S,apug ther ele Seaton auUDN Uapiwpy s,4ayiopy Sieyk a SwaceCate S Bb Seoeiace, aUDAT S,40YIDT eevee ceeees moo4y {fo aandyiag weer eee c ae no 4034DGnII9 (Sosisutd ) ++ 4ooge+++ aay eee eee ane wmooay fo aduapisay seem acc eer ean acee aun s M004) ‘HDVINYVN AO LYOdae SOLLSILVIS IVLIIA dO° NVvaNN —MYOA MAN AO ALVIS 473 THE PUBLIC HEALTH. [ CH. xvin, §§ 776-777-778 Nuisances, Public Works and Commissioner. § 776. Nuisances.—The commissioner of health shall have all necessary powers to make examinations into nuisances, or ques- tions affecting the security of life and health in any locality. Whenever required by the governor of the state, he shall make such an examination and shall report the results thereof to the governor, within the time prescribed by him therefor. The re- port of every such examination, when approved by the governor, shall be filed in the office of the secretary of state, and the gov- ernor may declare the matters public nuisances, which may be found and certified in any such report to be nuisances, and may order them to be changed, abated or removed as he may direct. Every such order shall be presumptive evidence of the existence of such nuisance; and the governor may, by a precept under his hand and official seal, require the district attorney, sheriff or other officers of the county where such nuisance is maintained, to take all necessary measures to execute such order and cause it to be obeyed, and the acts of any such county officer in the abatement of any such nuisance, reasonable or necessary for such abatement, shall be lawful and justifiable and the order of the governor a sufficient protection to such officer. The expense of such abate- ment shall be paid by the municipality where the nuisance. occurs, and shall be a debt recoverable by such municipality of all per- sons, maintaining it or assisting in its maintenance, and a lien and charge upon the lands upon which the nuisance is maintained, which may be enforced by a sale of such lands to satisfy the same. Public Health Law, § 6, as am’d by Laws 1901, chap. 29. Public nuisance defined and maintaining thereof, see Penal Code, §§ 385- 388. The maintaining of such is misdemeanor. Penal Code, §§ 385-388. § 777. Examination and inspection of public works.—A]]l per- sons having the control, charge or custody of any public structure, work or ground, or of any plan, description, outline, drawing or chart thereof or relating thereto, made, kept or controlled by or under any public authority, shall permit and facilitate the ex- amination, inspection and copying thereof by the commissioner of health, or by any person authorized by him to make such exam- ination or inspection or such copies. Public Health Law, § 9, as am’d by Laws 1901, chap. 29. $ 778. Power of commissioner where municipality fails to estab- lish board of health.—If any municipal corporation, authorized by 474 Cu. xvult.] THE PUBLIC HEALTH. Commissioner, etc. § 778 law to establish a local board of health, shall omit to do so, the commissioner of health may, in such municipality, exercise the powers of a local board of health and appoint a health officer thereof and fix his duties and compensation. The compensation of such health officer and the expenses lawfully incurred by him and by the commissioner of health in such municipality shall be a charge upon and paid by such municipality until such time as a local board of health shall be established therein, whereupon the jurisdiction of such health officer and of the commissioner of health conferred by this section shall cease. Public Health Law, § 11, as am’d by Laws 1901, chap. 29. 475 CHAPTER XIX. LOCAL BOARDS OF HEALTH. §779. Local boards of health. §791. Sanitary regulations recom- §780. General powers and duties of mended. local boards of health. §792. Contract with board of health. §781. Vital statistics. §793. Payment for destroyed animals. §782. Burials and burial permits. §794. Contagion; inspection; vaccin- §783. Contagious and infectious dis- ation. eases. §795. Samples to be furnished. §784. Nuisances. §796. Seizure of milk. §785. Removal of nuisances. §797. Suppression of infectious and §786. Expense of abatement a lien contagious diseases. on premises. §798. Federal regulations. §787. Manufactures in tenements, §799. Rights of federal inspection. ete. §800. Consents requisite to the es- §788. Jurisdiction of town and vil- tablishment of hospitals or lage boards. camps for the treatment of pul- §789. Expenses, how paid. monary tuberculosis. §790. Mandamus. § 779. Local boards of health There shall continue to be local boards of health and health officers in the several cities, villages and towns of the state. In the cities, except cities of the first and second class, the board shall consist of the mayor of the city who shall be its president, and, at least six other persons, one of whom shall be a competent physician, who shall be appointed by the common council, upon the nomination of the mayor, and shall hold office for three years. Appointments of members of such boards shall be made for such shorter terms as at any time may be necessary, in order that the terms of two appointed members shall expire annually. In the cities, except cities of the first and second class, and such other cities whose charters otherwise pro- vide the board shall appoint a competent physician, not one of its members, to be the health officer of the city and shall fill any vacancy that now exists or may hereafter exist from expiration of term or otherwise in the office of health officer of the city. In villages the board shall consist of not less than three nor more than seven persons, not trustees of the village, who shall be ap- pointed by the board of trustees at the first meeting of the board of trustees of such village, after the next annual election of the village; the members of said board of health shall at their first 476 Cu.ux.] © LOCAL BOARDS OF HEALTH. Local Board, How, When and Where Established. § 779 meeting divide themselves by lot into three classes, whose terms of office shall expire respectively in one, two and three years, from the annual election held prior to their appointment; and in case of an increase in the membership of such board, as hereinafter provided, there shall be a like apportionment by lot, of the added members, in respect to their terms of office, at the first meeting of said board after such increase occurs, whereby the whole num- ber of terms expiring annually shall be as nearly equal as possible. From and after the appointment of said board as above pro- vided, the appointment of the successors of said members shall be made jmmediately after the annual elections of said village and shall continue in office until their successors are appointed unless removed therefrom; provided, however, that upon failure to ap- .. point such board of health at such first meeting such appointment may be made at any subsequent meeting, in the event of no ap- pointment having been made by the proper authorities as herein- after provided. The board of trustees of such village may, in its discretion, at the first meeting of such board held after any annual election of the village, increase the number of members of the board of health of such village, and appoint such additional mem- bers and thereafter appoint their successors, providing the number of members of such board of health, as increased, shall not exceed seven. Every such village board shall elect a president and secre- tary, the president to be elected from among the members of said board. In towns the board of health shall consist of the town board and another citizen of the town of full age biennially ap- pointed by.the town board at a meeting thereof after each biennial town meeting for the term of two years from and after such town meeting and until his successor is appointed. The state commis- sioner of health shall appoint for each municipality except in the cities of the state on the nomination of the local board of health, a competent physician, not a member of the local board of health, to be the health officer of the municipality. The term of office of the health officer shall be four years and he shall hold office until the appointment of his successor. If a local board of health fails to nominate a physician for appointment to the position of health officer within thirty days after the expiration of the term of office of the health officer, or if a vacancy in the office is not filled within thirty days, the state commissioner of health shall appoint a competent physician to the position, or, should a local board of health nominate a physician for appointment to the position of ATT LOCAL BOARDS OF HEALTH. ® — (Cu. stv. § 780 Loeal Board, General Powers and Duties. health officer, who, in the judgment of the state commissioner of health is not properly qualified for appointment to the position, the state commissioner of health shall notify the local board of health of such fact, and thereupon such local board of health shall within thirty days from the date of such notice present to the state commissioner of health the name of another physician for appointment to the position of health officer, failing in which, the state commissioner of health shall appoint a physician to the posi- ‘tion. He may be removed for just cause by the local board of health after a hearing, such removal must be approved by the state commissioner of health. The health officer need not reside within the village or town for which he shall be chosen, but unless he shall, he must reside in an adjoining town. If the proper an- thorities shall not fill any vacancies occurring in the membership of any local board within thirty days after the happening of such vacancy, the mayor of the city, president of the village, or super- visor of the town, shall appoint a competent person to fill the vacancy for the unexpired term, which appointment shall be im- mediately filed in the office of the county clerk, and a duplicate thereof filed with the clerk of the municipality for which such appointment is made. Notice of the membership and organiza- tion of every local board of health shall be forthwith given by such board to the state department of health. The term munici- pality, when used in this article, means the city, village or town for which any such local board may be or is appointed. The provisions herein contained for the appointment and number of members of boards of health, and for the appointment of health officers, shall apply to all towns and villages, whether such villages are organized under general or special laws. Public Health Law, § 20, as am’d by Laws 1906, chap. 253. If the municipal corporation authorized by law to establish a local board of health fails to do so the state board may exercise the power of a local board and appoint a health officer and fix his duties and compensation. Public Health Law, § 11. Veterans are not entitled to preference. See Hall v. Board of Trustees, 85 A. D. 141; affd. in 159 N. Y. 568. § 780. General powers and duties of local boards of health— Every such local board of health shall meet at stated inter- vals to be fixed by it, in the municipality. The presiding officer of every such board may call special meetings thereof where in his judgment the protection of the public health of the munici- 478 CH. xIx.] LOCAL BOARDS OF HEALTH. General Powers and Duties. 3 780 pality requires it, and he shall call such meeting upon the petition of at least twenty-five residents thereof, of full age, setting forth the necessity of such meeting. Every such local board shall pre- scribe the duties and powers of the local health officer, who shall be its chief executive officer, and direct him in the performance of his duties, and fix his compensation. In addition to his compen- sation so fixed, the board of health may allow the reasonable expenses of said health officer in going to, attending and returning from, the annual sanitary conference of health officers, or equiva- lent meeting, held yearly within the state, and may also in its judgment whenever the services rendered by its health officer dur- ing any year are extraordinary, or extra hazardous, by reason of epidemic, or otherwise, allow to him such further sum in addition to said fixed compensation as shall be audited by the town board of a town or by the board of trustees of a village, which said expenses and said additional compensation shall be a charge upon and paid by the municipality as provided in section thirty of this act. Every such local board shall make and publish from time to time all such orders and regulations as they may deem necessary and proper for the preservation of life and health, and the execution and enforcement of the public health law in the municipality. It shall make without publication thereof,. such orders and regulations for the suppression of nuisances,' and concerning all other matters in its judgment detrimental to the public health in special or individual cases, not of general application, and serve copies thereof upon the owner or occupant of any premises whereon such nuisances or other matters may exist, or upon which may exist the cause of other nuisances to other premises, or cause the same to be con- spicuously posted thereon. It may employ such persons as shall be necessary to enable it to carry into effect its orders and regu- lations, and fix their compensation. It may issue subpoenas, corel the attendance of witnesses, administer oaths to witnesses. and compel them to testify, and for such purposes it shall have the same power as a justice of the peace of the state in a civil action of which he has jurisdiction. It may designate by reso- lution one of its members to sign and issue such subpoenas. No subpoenas shall be served outside the jurisdiction of the board issuing it, and no witness shall be interrogated or compelled to testify upon matters not related to the public health. It may issue warrants to any constable or policeman of the municipality 479 LOCAL BOARDS OF HEALTH. [Cu. xrx. § 786 General Powers and Duties. to apprehend and remove such persons as cannot otherwise be subjected to its orders or regulations, and a warrant to the sheriff of the county to bring to its aid the power of the county whenever it shall be necessary to do so. Every warrant shall be forthwith executed by the officer to whom directed, who shall have the same powers and be subject to the same duties in the execution thereof, as if it had been duly issued out of a court of record of the state. Every such local board may prescribe and impose penalties for the violation of or failure to comply with any of its orders or regulations, not exceeding one hundred dollars for a single viola- tion or failure, to be sued for and recovered by it in the name and for the benefit of the municipality ; and to maintain actions in any court of competent jurisdiction to restrain by injunction such violations, or otherwise to enforce such orders and regulations, Whenever such local board of health in any corporated village shall deem the sewers of such village insufficient to properly and safely sewer such village, and protect the public health, it shall certify that fact in writing to the board of trustees of such village, stating and recommending what additions or alterations should in the judgment of such board of health be made with its reasons therefor, and thereupon such board of trustees shall immediately convene and consider such recommendations, and if approved by such board of trustees, the same shall be certified to the state commissioner of health for his approval, and if such recommenda- tions shall be approved by the state commissioner of health, it shall be the duty of the board of trustees or other board of such village having jurisdiction of the construction of sewers therein, if there be such a board, whether sufficient funds shall be on hand for such purpose or not to forthwith make such additions to or alterations in the sewers of such village and execute such recommendations, and the expenses thereof shall be paid for wholly by said village in the same manner as other village ex- penses are paid or by an assessment of the whole amount against the property benefited, or partly by the village and partly by an assessment against the property benefited, as the board of trustees of such village shall by resolution determine. If the board of trustees shall determine that such expenses shall be paid partly by the village and partly by an assessment against the property benefited, as authorized by this section, it shall in the resolution making such determination “fix the proportion of such expense to be borne by each, and the 480 Cu. x1x.] LOCAL BOARDS OF HEALTH. General Powers and Duties. § 780 proportion thereof to be raised by an assessment against the prop- erty benefited shall be assessed and collected in the manner pro- vided by the village law for the assessment and collection of sewer assessments. Said village is hereby authorized to raise such sum as may be necessary for the payment of the expenses incurred, which are a village charge, if any, as herein provided, in addition to the amount such village is now authorized to raise by law for corporation purposes, and such board shall have the right to ac- quire such lands, rights of way, or other easements, by gift, or purchase, or in case the same cannot be acquired by purchase may acquire the same by condemnation in the manner provided by law. Public Health Law, § 21, as am’d by Laws 1906, chap. 39. Actions to abate a nuisance should now be brought in name of municipality. Board of Health v. Magill, 17 A. D. 249. The board of health may by an ordinance forbid the keeping of cows within two hundred feet of a dwelling house but may not forbid the so keeping of cows without a special permit. Village of Flushing v. Carraher, 87 Hun, 63. The board cannot take to itself the power of licensing cow stables. No such power as that is granted to it by the legislature. Id. A by-law providing that no person should keep a slaughter house without a special resolution of the council was held invalid as creating a monopoly. In re Nash, 33 U. C. Q. B. 181. Where the trustees of a village authorized to fix a fire district within which frame buildings should not be constructed, and an ordinance was passed fixing a district within which such buildings should not be erected without the consent of the trustees, the court intimated the ordinance was bad. Village of New Rochelle v. Lang, 75 Hun, 608. Whenever the board of health in an incorporated village shall deem the sewers insufficient to protect the public health, it shall certify the fact to the board of trustees with its recommendations of additions and alterations and a statement of its reasons therefor. Kent. v. Village of Tarrytown, 26 Misc. 86. It is a valid exercise of power for a local board of health to regulate the cooking of garbage even though it is not yet in the state which can be char- acterized as a ‘“‘ decayed or decaying condition.” Town of Newton v. Lyons, 1] A. D. 105. If the matter is such that a general ordinance can be passed upon the sub- ject, then such an ordinance should be enacted and all will be bound by it. Village of Flushing v. Carraher, 87 Hun, 63. If not susceptible to general regulation then the board should proceed by special order in a particular case when the person attacked may. defend him- self in the courts. Id. ou 481 LOCAL BOARDS OF HEALTH. [Cu. xix. § 780 General Powers and Duties. The fact that an ordinance was passed without notice of hearing or op- portunity to the owner to be heard does not invalidate it as a hearing is not. necessary. Board of Health v. Copeutt, 140 N. Y. 12. Where a board of health without notice to the alleged owner of certain premises makes an order which in effect determines him to be the owner thereof and that a nuisance exists upon his premises and requires him to re- move it, the order affects a substantial right of the owner and the board of health has no power to conclude him thereby without notice. People v. Wood, 62 Hun, 131. The orders and regulations referred to in the above section are such as the board may deem necessary and proper for the preservation of life and health, the suppression of nuisances and the execution and enforcement of the Public Health Law in the municipality. These may be either by general application or in individual cases. Kent v. Village of Tarrytown, 26 Misc. 86. The Public Health Law empowers the local board of health of a town to make and publish from time to time all such orders and regulations as they may deem necessary and proper for the preservation of health and life and the execution and enforcement of the Public Health Law in a municipality. Town of Newton v. Lyons, 11 A. D. 105. The board of health has power to pass a general ordinance against the maintenance of public nuisances and to maintain an action for a penalty for a violation thereof. Board of Health v. Copcutt, 140 N. Y. 12. The board of health alone as a body outside of the courts is clothed with power to fix the amount within the limit of the statute as a penalty which any person shall be required to pay for violation of the ordinance or regula- tion. ; MeNall v. Kales, 61 Hun, 231. The powers granted by this section are of two distinct characters: the first, the power of general regulation or quasi legislation; the second, the power to abate a particular nuisance. Village of Flushing v. Carraher, 87 Hun, 63. A failure to obey any valid exercise by the health board of the first power would per se subject the offender to punishment. Health Dept. v. Rector, 145 N. Y. 37. The violation of an order of the Health Board under the second power, the party offending still has the right to contest in the courts the question of the existence of the nuisance. People ex rel. Copcutt v. Board of Health, 140 N. Y. 1. The Public Health Law does not abrogate methods of procedure required by municipal charters, such as, for instance, a requirement that no sewer ex- ceeding twenty rods in length shall be constructed without advertising. Matter of Taxpayer of Plattsburg, 157 N. Y. 78. The original statute, Laws 1850, Chapter 324, conferred upon ‘boards of health among other things the power to make public rules and regulations for the “ suppression and removal of nuisances” but conferred no power to main- tain any action to enforce their regulations. These powers were subsequently enlarged by amendment to the original act and they were authorized to main- tain actions in any court of competent jurisdiction to collect the penalties. 482 Cu. xix.] LOCAL BOARDS OF HEALTH. Vital Statistics, § 781 While the board of health of a town may not summarily execute its orders as to abatement of a. nuisance by going outside of the boundaries of the town for that purpose, it may invoke the aid of the court to restrain a viola- tion of its order: and to enforce the abatement of the nuisance although the cause thereof arises in an adjoining municipality. It is not essential to the validity of the service of a special order made by a board of health requiring the abatement of « nuisance that it be served on the occupant of the premises wherein the nuisance exists within the territorial jurisdiction of the board. A service outside of the jurisdiction is sufficient. Gould v. City of Rochester, 105 N. Y. 46. § 781, Vital statistics—Every such local board shall supervise and make complete the registration of all births, marriages and deaths occurring within the municipality, and the cause of death and the finding of coronors’ juries, in accordance with the meth- ods and forms prescribed by the state department of health, and, after registration, promptly forward the certificates of such births, marriages and deaths to the state bureau of vital statistics. Every physician or midwife attending at the birth of a child, and no physician or midwife being in attendance, the parent or custodian of a child born, and every groom, officiating clergyman or magis- trate at every marriage shall cause a certificate of such birth or marriage to be returned within thirty days thereafter to the local board of health or person designated by it to receive the same, which shall be attested, if a birth, by the physician or midwife, if any in attendance, no physician or midwife being in attend- ance, by the parent or custodian of a child born, and, if a mar- riage, by the officiating clergyman or magistrate. The person making such certificate shall be entitled to the sum of twenty- five cents therefor, which shall be a-charge upon, and paid by the municipality where such birth, marriage or death occurred. The cost of such registration, not exceeding twenty-five cents for the complete registered record of a birth, marriage or death, shall e a charge upon the municipality. The charge for a copy thereof shall be fixed by the board, not exceeding the same sum for a complete copy of a single registered record and the additional sum of twenty-five cents if certified to. Such copies shall be furnished upon request of any person, and when certified to be correct by the president or secretary of the board or local register- ing officer designated by it shall be presumptive evidence in all courts and places of the facts therein stated. The physician or midwife attending at the birth of a child, shall, at the time of filmg such certificate of birth, unless it contains the given name of such child, cause to be enmnished to the parents or custodian of 483 LOCAL BOARDS OF HEALTH. [CH. xix, $$ 782,783 Burials and Burial Permits, Contagious Diseases, etc. such child a name card, which shall be filled in by such parent or custodian with the given name of such child when named, and immediately filed in the same office where certificates of birth are filed. Blank name ecards shall be furnished by local boards of health in the form prescribed by the state department of health, the expense of which shall be a charge upon the municipality. Rules and regulations shall be adopted by local boards of health providing for the enforcement of this section. Health Law, § 22, as am’d by Laws 1904, chap. 392. Such records are evidence of the cause of death. Woolsey v. Trustees, 84 Hun, 236; affd. in 155 N. Y. 573. See forms under § 775, ante. § 782. Burials and burial permits—Every such local board shall prescribe sanitary regulations for the burial and removal of corpses, and shall designate the persons who shall grant permits for such burial, and permits for the transportation of any corpse which is to be carried for burial beyond the county where the death occurred. Every undertaken, sexton or other person having charge of any corpse shall procure a certificate of the death and the probable cause duly certified by the physician in attendance upon the deceased during his last illness, or by the coroner where an inquisition is required by law, and if no physician was in at- tendance and no inquest has been held or required by law, an affidavit stating the cireumstances, time and cause of death, and sworn to by some credible persons known to the officer granting the permit, and there shall be no burial or removal of a corpse until such certificate or affidavit has been presented to the local board or to the person designated by it, and thereupon a permit for such burial or removal has been obtained. When application is made for a permit to transport a corpse over any railroad or upon any passenger steamboat within the State, the board of health, or the officers to whom such application is made, shall re- quire such corpse to be inclosed in a hermetically-sealed casket of metal or other indestructible material, if the cause of death shall have been from a contagious or infectious disease. Public Health Law, § 23. See forms under § 775, ante. § 783. Contagious and infectious diseases.—Every such local board of health shall guard against the introduction of contagious 484 CH. XIx.] LOCAL BOARDS OF HEALTH. Contagious and Infectious Diseases. § 783 and infectious diseases by the exercise of proper and viligant medi- cal inspection and control of all persons and things arriving in the municipality from infected places, or which from any cause are liable to communicate contagion. It shall require the isolation of all persons and things infected with or exposed to such dis- eases, and provide suitable places for the treatment and care of sick persons who cannot otherwise be provided for. It shall prohibit and prevent all intercourse and communication with or use of infected premises, places and things, and require, and, if necessary, provide the means for the thorough purification and cleansing of the same before general intercourse with the same or use thereof shall be allowed. It shall report to the state depart- ment of health, promptly, the facts relating to contagious and in- fectious diseases, and every case of small-pox or varioloid within the municipality. Health officers of villages and towns shall report in writing once a month to the state department of health all cases of such infectious and contagious diseases as may be required by the state department of health, and for such reporting the health officer shall be paid by the municipality employing him, upon the certification of the state department of health, a sum not to exceed twenty cents for each case so reported; and the health officer shall report annually on or before the first day in January in each year the number of cases of consumption which have existed in his jurisdiction during that year, and for each case thus reported he shall receive a sum not to exceed ten cents, to be paid in the same manner as the other like charges are paid. It shall provide, at stated intervals, a suitable supply of vaccine virus, of a quality and from a source approved by the state department of health, and during an actual epidemic of small-pox obtain fresh supplies of such virus at intervals not exceeding one week, and at all times provide thorough and safe vaccination for all persons in need of the same. If a pestilential, infections or contagious disease exists in any county almshouse or its vicinity, and the physician thereof shall certify that such disease is likely to endanger the health of its inmates, the county superintendent of the poor may cause such inmates or any of them to be removed to such other suitable place in the county as the local board of health of the municipality where the almshouse is situated may designate there to be main- tained and provided for at the expense of the county, with all necessary medical care and attendance until they shall be safely returned to such almshouse or otherwise discharged. The boards 485 LOCAL BOARDS OF HEALTH. [Cu. xrx, § 783 Contagious and Infectious Diseases. of health of the cities of New York, Brooklyn, Buffalo, Albany and Yonkers, shall report promptly to the state department of health all cases of small-pox, typhus and yellow fever and cholera and the facts relating thereto. Public Health Law, § 24, as am’d by Laws 1903, chap. 383. The property of a citizen may be seized and burned if in the judgment of physicians it is infected and liable to cause the spread of contagious dis- eases. People v. Hawker, 152 N. Y. 234. While responsibility and wide authority has been conferred upon the health commissioners in the administration of its important office, nevertheless the statute contemplates when persons or property are to be affected by isolation that the fact must exist either that they are infected with the contagious disease or that they were exposed to it. “Isolation of all persons and things” is only permitted when they “are infected with or exposed to” contagious and infectious diseases. That language means when speaking of persons and things exposed to disease the actual fact and not a mere possi- bility. No authority is given by the statute to health commissioners to quarantine any person simply because he refuses to be vaccinated and to continue him in quarantine until he consents to such vaccination. Matter of Smith et al., 146 N. Y. 68. The board of health shall “require the isolation of all persons and things infected with or who have been exposed to such diseases.” Matter of Smith, 146 N. Y. 68; Smith v. Emery, 11 A. D. 10. The danger should actually exist in the infection of the person or things or in their having been exposed to the disease. Matter of Smith ante; People ex rel. Copcutt v. Board of Health, 140 N. Y¥. 1 The board must guard against the introduction of contagious and infectious disease and to require the isolation of persons and things infected or exposed. Kent v. Village of Tarrytown, 26 Misc. 86. The board is only authorized to quarantine an individual who has been ex- posed to the disease under conditions which would permit of the communica- tion of it. The mere possibility that the individual might have been exposed to the disease is insufficient. Smith v. Emery, 11 A. D. 10. The power given by statute to isolate a person is dependent upon his in- fection with or exposure to a contagious disease. Matter of Smith, ante. The general laws of the state make it the duty of the village trustees to comply with the orders of the local board of health for the purpose of sup- pressing diseases or preserving the public health. Matter of Taxpayer of Plattsburg, 157 N. Y. 78. Where the local board of health incurs expense in the performance of the duty imposed by the public health law in guarding against the introduction of contagious or infectious disease or in the isolation of infected persons or things, it becomes the duty of the municipal authorities to comply with the order of the board of health in that regard, whether there is any provision to that effect in the charter or not. Matter of Taxpayer of Plattsburg, ante. 486 CH. xIx.] LOCAL BOARDS OF HEALTH. Nuisances, Complaint of, etc. § 784 § 784, Nuisances——Every such board shall receive and ex- amine into all complaints made by any inhabitant concerning nui- sances, or causes of danger or injury to life and health within the municipality, and may enter upon or within any place or premises where nuisances or conditions dangerous to life and health or which are the cause or nuisances existing elsewhere are known or believed to exist, and by its members or other persons designated for that purpose, inspect and examine the same. The owners, agents, and occupants of any such premises shall permit such sanitary examinations to be made, and the board shall fur- nish such owners, agents and occupants with a written statement of the results and conclusions of any such examination. Every such local board shall order the suppression and removal of all nuisances and conditions detrimental to life and health found to exist within the municipality. Whenever the state department of health shall by notice to the presiding officer of any local board of health, direct him to convene such local board to take certain definite proceedings concerning which the state department of health shall be satisfied that the action recommended by them is necessary for the public good, and is within the jurisdiction of such board of health, such presiding officer shall convene such local board, which shall take the action directed. Public Health Law, § 25, as am’d by Laws 1903, chap. 383. Public nuisance and maintenance is a penal offense. See Penal Code, §§ 385-387. Abatement of nuisances, see Copcutt v. Board of Health, 140 N. Y. 1; Health Dept. v. Rector, etc., 145 N. Y. 32. (101) COMPLAINT OF A NUISANCE. Village (Or Town) Of... 0... e ccc cece cen eee e ees 8s TO THE BOARD OF HEALTH OF SAID ona GREE SORE He Take notice that there is, upon the premises owned by........... SAiead aya tinea acuaaunes of aie Bis oUe tezekae? 4: aie iatinnd CRs Oe Pace ms Street Or TOAd @ CETLAIN. 0.6.06 c eect eens pate Sc ge nan oe ee on a: sioiteretaf sities o males space. gee sataaiee Dated aticwissnsasccvnewcs saeeae veesex N. Y., this........ day Of........ 6... cece ee eee 190 seedy cov bid ixdeaaicded casa Nace cena ct ay CoMPLAINANT. Obstructing a health officer in performing his duty is a penal offense. Penal Code, § 396. The board of health has ample power and authority to remove the third story of a building providing it is a nuisance and dangerous to the lives of persons who may desire in the ordinary way to travel upon a sidewalk ad- jacent thereto. Smith v. Irish, 37 A. D. 220. 487 ‘ LOCAL BOARDS OF HEALTH. [CH. x1x. § 784 . Nuisances, what are, ete. The acts of a municipal authority in abating a nuisance are not subject to judicial interference unless they are manifestly unreasonable or op- pressive or unwarrantably invade private rights or clearly transcend the powers granted to such authorities. Eckhardt v. City of Buffalo, 19 A. D. 1. The fact that the control of a pond or dam is vested-in city authorities does not relieve the owner from liability provided either the maintenance of the dam or the method of its use causes a public nuisance. People v. Pelton, 14 N. Y. Cr. 64. ‘A person who maintains a dam which is a nuisance is not relieved from responsibility for its condition by the fact that others besides himself con- tributed to it. Board of Health of Yonkers v. Copcutt, 71 Hun, 149, affd. 140 N. Y. 12. The power of the board of health to abate a nuisance and charge the ex- pense upon the occupant should be exercised only in extreme cases and then only upon notice of hearing. People v. Wood, 10 N. Y. Cr. 64. The village trustees as commissioners of highways cannot authorize an eree- tion of a nuisance on a highway or legalize its continuance. People v. Fowler, 10 N. Y. Cr. 159. The board of health has power to prohibit the re-building of a dam which will create a nuisance. It is not necessary for it to wait until it is re-built and then adjudge it a nuisance. If the owner or occupant threatens to re- build it may maintain the action. Board of Health of Yonkers v. Copcutt, 71 Hun, 149. The board of health is required to receive and examine into all complaints made by any inhabitants concerning nuisances or causes of danger or injury to life and health within the municipality and may enter upon or within any place or premises where nuisances or conditions dangerous to life or health are known or believed to exist and by its members or other persons designated for that purpose inspect and examine the same. These powers are broad anil general and should be interpreted in the light of the beneficial purposes to be subserved. They include constant and necessary inspection and _ super- vision with the view of anticipating, suppressing and preventing all dangers which may threaten the public health. Kent v. Village of Tarrytown, 26 Misc. 86. Under Sub-division 4, Section 3, Chapter 270 of Laws of 1885, the person complained of is entitled to notice and to hearing before the~board. People v. Wood, 10 N. Y. Cr. 64. The duties of the board in respect to inquiring into and determining whether or not a nuisance existed are of a quasi judicial nature and the omission to give notice of the action proposed to be taken is fatal to the regularity of the proceedings. People ex rel. N. Y. C. H. R. Co. v. Board of Health, 58 Hun, 595. The opportunity to be heard before condemnation is the right which every person has under the common law and under our constitution. Though no special provision is made in the act for notice to the offending party yet the power given to the board “to receive and examine into the na- ture of complaints made by any of the inhabitants concerning nuisance,” etc., requires by necessary implication the board to give a reasonable notice to the 488 Cu. xix.] LOCAL BOARDS OF HEALTH. Removal of Nuisances. § 785 person against whom the maintenance of the nuisance is alleged that com- plaint has been made or that such facts exist so that he may be heard in his own behalf and if possible refute the charge made against him. People v. Wood, 62 Hun, 131. The order of the board of health declaring defendant’s rendering factory a nuisance is invalid where it is made without notice to defendant. Schoepfiin v. Calkins, 5 Mise. 159. Where a dam was erected by a former owner of land and has not been used by the new owner, notice to remove is essential. Where, however, he continuously uses the property which caused the nuisance, no notice is necessary to authorize its abatement. People v. Pelton, 14 N. Y. Cr. 64. A thing is «4 nuisance when because of its inherent qualities or the use to which it is put it works an injury to people who live in its neighborhood. The right to abate it arises from the necessity of the case exists only because of that necessity and is to be exercised only so far as the necessity: requires. A thing which is a nuisance because of the use to which it is put cannot be destroyed by way of abating the nuisance unless such destruction is neces- sary. If the nuisance can be abated by discontinuing the use of it, it must be abated in that way. Health Dept. v. Dassori, 21 A. D. 348; Eli v. Supervisors of Niagara Co., 36 N. Y. 297. The legislature may lawfully confer on boards of health the power to enact sanitary ordinances having the force of law within the localities for which they act. Cartwright v. City of Cohoes, 39 A. D. 69; Polinsky v. People, 73 N. Y. 65; Cronin v. People. 82 N. Y. 318. The legislature under police power may regulate or even prohibit the car- rying on of any business which is dangerous or detrimental to the health, morals or good order of community. People v. Rosenberg, 138 N. Y. 410. The members of the board of health acting in abating an alleged nuisance act at their peril; they should not destroy property as nuisance unless they know it to be such. The better way is to bring action to restrain or abate the nuisance and thus have the protection of a judgment for what they may do. People ex rel. Copcutt v. Board of Health, 140 N. Y. 1. The remedy of the board of health is to abate and remove the nuisance if it exists and charge the expense upon the owner of the land, not te'order-him to do it and impose a penalty for failure to do so. Board of Health of Yonkers v. Copcutt, 71 Hun, 149, affd. 140 N. Y. 12. § 785. Removal of nuisances—If the owner or occupant of any premises whereon any nuisance or condition deemed to be detrimental to the public health exist or the cause of the exist- ence elsewhere, fails to comply with any order or regulation of any such loeal board for the suppression and removal of any such nuisance or other matter, in the judgment of the board detrimental to the public health, made, served or posted as re- quired in this article, such boards or their servants or employes 489 LOCAL BOARDS OF HEALTH. [Cu. xix, § 785 Removal of Nuisances. may enter upon the premises to which such order or regulation relates, and suppress or remove such nuisance or other matter. The expense of such suppression or removal shall be paid by the owner or occupant of such premises, or by the person who caused or maintained such nuisance or other matters, and the board may maintain an action in the name of the municipality to re- cover such expense, and the same when recovered shall be paid to the treasurer of the municipality, or if it has no treasurer to its chief fiscal officer, to be held and used as the funds of the munici- pality. Whenever the suppression or removal of such nuisance or conditions detrimental to health demand the immediate expendi- ture of money, every such local board of health shall be authorized to use for such purpose any money in the hands of the board, or may call on the city council, village trustees or town board for such money or it may borrow the same on the credit of the munici- pality. All such moneys so expended or borrowed shall be imme- diately repaid to the fund or source whence they were received on the recovery of the same by action or otherwise from the persons responsible for the expenses of suppression or removal. Public Health Law, § 26, as am’d by Laws 1903, chap. 383. To abate a nuisance and charge the expense to the owner or occupant should be exercised only in extreme cases. People v. Wood, 10 N. Y. Crim. 64. The delay and danger may be obviated by the board itself. People v. Wood, 62 Hun, 131; Weil v. Schultz, 33 How. 7; Rogers v. Barker, 31 Barb. 447. As to what is a nuisance and how it should be disposed of, see Health Dept. v. Dassori, 21 A. D. 348; Ely v. Suprs. Niagara, 36 N. Y. 297; Wood on Nuisance, § 1, et seq. As to abatement of a nuisance, see Code of Crim. Pro., § 953, et seq. When upon notice the board has adjudged a thing or condition a nuisance it may enter upon the premises and abate it summarily. Cartwright v. City of Cohoes, 39 A. D. 69; People ex rel. Copcutt v. Board, 140 N. Y. 1; Health Dept. v. Rector, 145 N. Y. 32. £102] eh Sanita encase wali gsi Ny Vige evemeesapscend IO PO sock we aihiuth Bt fr seatla eh a csae cois weata, Geos Gilaaleraalnhgrales You are hereby required within three days to abate a nuisance on your premises on.............. Street, in....-... cee een. WIE vie sa. i2sy 00 or the same will be done and the expense yerat collected from you, together with the penalty of neglect in relation thereto. By order of Board of Health of.............0. 0.00 cece uee HEALTH OFFICER. [104] Board of Health of.............0200005 490 Cu. x1x.] LOCAL BOARDS OF HEALTH. Expense and Abatement of Nuisance. § 786 NOTICE FOR A HEARING BEFORE THIS BOARD. You are hereby notified that a hearing concerning the matter above referred to, will be given by this Board of Health, on.............++++5 the cet cviatanat an tiate tg esstoss 190 , Qt ...... 2. cece eee. ot which hearing you are By order of the Board. Respectfully, SLSR PEP ee VEE REESE etn [105] Board of Health of.........-...0000005 NOTICE OF THE IMPOSITION OF A PENALTY. ‘rhe fact appears upon the record, of this legally constituted Board of Health, of the.................... , that after complaint of a nuisance upon your premises had been duly filed in the office of this Board, and an order and notice for its abatement and prevention had been duly served upon you, and a hearing had before said Board, notice of which to you was duly made, and now further the fact is duly reported to this Board that said order and notice have not been complied with by you. THEREFORE, take notice that this Board of Health has on the.......... imposed upon you a penalty............ dollars in accordance with authority given to the Board, under the laws of this State, for your failure to comply with the Board’s said order and regulation. ‘his penalty is required to be immediately paid to the Treasurer of the {ShiMPat Tare URW sd SERRE ER OL Semen we and if not so paid, it will be collected as provided for in Chapter 661 of the Laws of 1893. Dated. Ob). j.sieeidsensin sna aparoaduere suaue ee "Secretary. § 786. Expense of abatement a lien on premises.—If execution upon a judgment for the recovery of the expense of the sup- pression or removal of a nuisance or other matter, pursuant to an order or regulation of any such local board, is returned wholly or in part unsatisfied, such judgment, if docketed in the place and manner required by law to make a judgment of a court of record a lien upon real property, shall be a first lien upon such premises, having preference over all other liens and incumbrances whatever. The board may cause such premises to be sold for a term of time for the payment and satisfaction of such lien and the expenses of the sale. Notice of such sale shall be published for twelve weeks successively, at least once in each week, in a 491 LOCAL BOARDS OF HEALTH. [ Cu. xt. § 786 Expense and Abatement of Nuisance. newspaper of the city, village or town, or if no newspaper is pub- lished therein, in the newspaper published nearest to such prem- ises. If the owner or occupant of the premises, or his agent, is known, a copy of such notice shall be served upon him, either personally, at least fourteen days previous to the sale, or by mail at least twenty-eight days prior thereto. The premises shall be sold to the person offering to take them for the shortest time, paying the amount unpaid on such judgment and interest and the expenses of such notice and sale. & person ap- plying to them for relief, and having examined into the facts and circum- stances, and it appearing that the said ........ , so applying, requires only temporary relief (or, is sick, lame, or otherwise disabled, so that he or she" can not be conveniently removed to the county almshouse), the undersigned hereby orders the said overseers to apply ........ dollars per week for the relief of the said ........ , until they have expended the sum of ten dollarx, or such sum less than that amount as may be found sufficient for the tein- porary relief of the said poor person, ........ Given in said town, the ...... day Of sau saccuwa sy 5 1D ss Supervisor. SANCTION OF COUNTY SUPERINTENDENT FOR THE EXPENDITURE OF A GREATER Sum THAN TEN DOLLARS. County Of css ye8 geen 88.5 The undersigned, one of the superintendents of the poor of the county of Lage pee kas , having been applied to by the overseers of the poor of the town of ............ , in said county, to give his sanction fur the expenditure of a greater sum than ten dollars for the relief of ....,... , as authorized by the supervisor’s order hereunto annexed, and having inquired into the facts of the case, and being satisfied that the said ........ cannot be properly re- moved to the county almshouse, and that he is in need of further relicf. hereby gives his sanction to the continuance of the weekly allowance specified in said order, until the expenditure amounts to ........ dollars over and 604 Cu. xxv. ] THE POOR, INSANE, ETC. Relief in Counties Having no Almshouses, $ 962 above the sum of ten dollars authorized by the supervisor’s order in this case and to be charged to the county (or town), as specified in said order. Given under my hand at ............ 5 EMIS: esawse day of ccc: e.cnes , 19.. Superintendent of the Poor. The statute provides a guard against extravagant or improper expenditure by providing that relief shall be furnished only upon an order of a justice of the peace. Osterhoudt v. Rigney, 98 N. Y. 222. If temporary relef only is sought $10 a year can be expended. Nuns of St. Dominick v. L. I. City, 48 Hun, 306. § 962. Relief in counties having no almshouses.—If applica- tion for relief be made in any county where there is no county almshouse, the overseer of the poor of the town where such ap- plication is made shall inquire into the facts and cireumstances of the ease, and with the written approval of the supervisor of such town, make an order in writing for such allowance, weekly or otherwise, as they shall think required by the necessities of such poor person. If such poor person has a legal settlement in such town, or in any other town in the same county, the overseer shall apply the moneys so allowed to the relief and support of such poor person. The money so paid by him, or contracted to be paid, when the poor person had no legal settlement in the town, and charged to the town in which he had a legal settlement, shall be drawn by such overseer from the county treasurer on producing such order. If such person has no legal settlement in such county, the overseer shall, within ten days after granting to him any re- lief, give notice thereof, and that such person has no legal settle-- ment in such county, to one of the county superintendents, and until the county superintendents shall take charge of the support of such poor person, the overseer shall provide for his relief and support, and the expense thereof from the time of giving such notice shall be paid to such overseer by the county treasurer, on the production of such order and of proof by affidavit of the time of the giving of such notice, and shall be by him charged to the conuty. Poor Law, § 24. In counties where there is no poor house an overseer is authorized to make an order for the allowance of such sum weekly or otherwise as the necessities of the poor person may require. The overseer has absolute control of the funds placed in his hands from the respective towns and is liable only for moneys not lawfully appropriated. Robins v. Wolcott, 66 Barb. 63. 605 THE POOR, INSANE, ETC. [CH. xxv. §§ 963,964 Overseer to Make Examinations and Audits, ete. § 963. Overseer to make monthly examinations and audit ac- counts.—The overseer of the poor of a town or city shall at least once each month, examine into the condition and necessities of each person supported by the town or city out of the county alns- house and provide within the provisions of this chapter for such allowances, weekly or otherwise, as the circumstances may in his judgment require. All accounts for care, support. supplies or attendance, connected with the maintenance of such poor person or family, shall be settled once in three months, and paid if there be funds for that purpose. No bill, claim or account for care, support, supplies or attendance, furnished to poor persons, by or- der of the overseer of the poor, or otherwise, shall be andited or allowed by the overseer, unless such bill, claim, or account be verified by the claimant, to the effect that such care, support, sup- plies or attendance have been actually furnished for such poor persons, that such poor persons have actually received the same, and that the prices charged therefor are reasonable, and not above the usual market rates. Poor Law, § 25; see form below. ORDER FOR SUPPLIES TO PoOR PERSONS AND VERIFICATION OF ACCOUNTS FUR AUDIT. Brighton, N. Y., ........0.0005- , 190.. TOs csxcewinca venous cmd Please furnish to................-- , the articles named in the following: schedule, in the quantities and to the amount therein specified, not exceeding a total of.............. dollars, and charge the same to the account of the town of Brighton, N. Y. Pe ce eee te ee ee eee ee ’ Overseer of the Poor. § 964. Overseers to keep books of accounts.—QOverseers of the poor, who receive and expend money for the relief and support of the poor in their respective towns and cities, shall keep books to be procured at town or city expense, in which they shall enter the name, age, sex and native country of every poor person who shall be relieved or supported by them, together with a statement of the causes, either direct or indirect, which shall have operated to render such relief necessary, so far as the same can be ascertained. They shall also enter upon such books a statement of the name and age, and of the names and residences of the parents of every child who is placed by them in a family, with the name and ad- dress of the family with whom every such child is placed, and the occupation of the head of the family. They shall also enter upon 60G Cu, xxv. ] THE POOR, INSANE, ETC. Overseer to Keep Books of Accounts. § 964 books so procured, a statement of all moneys received by them, when and from whom, and on what account received, and of all moneys paid out by them, when and to whom paid and on what. authority, and whether to town, city or county poor; also a state- ment of all debts contracted by them as such overseers, the names of the persons with whom such debts were contracted, the amount and consideration of each item, the names of the persons for whose benefit the debts were contracted, and if the samme have been paid, the time and manner of such payment. The overseers shall lay such books before the board of town auditors or the common coun- cil of the city, at its first annual meeting in each year and, upon being given ten days’ notice thereof, at any adjourned or special meeting of such board or council, together with a just, true and verified itemized account, of all moneys received and expended by them for the use of the poor since the last preceding annual meet- ing of said board, and a verified statement of debts contracted by them as such overseer and remaining unpaid. The board or coun- cil shall compare said account with the entries in the book, and shall examine the vouchers in support thereof, and may examine the overseers of the poor, under oath, with reference to such ac- count. They shall thereupon audit and settle the same, and state the balance due to or from the overseer, as the case may be. Such account shall be filed with the town or city clerk, and at every an- nual town meeting, the town clerk shall produce such town ac- count for the next preceding year, and read the same, if it be re- quired by the meeting. The overseers of the town shall have such books present each year at the annual town meeting, subject to the inspection of the voters of the town, and the entries thereon for the preceding year shall there be read publicly at the time reports of other town officers are presented, if required by a resolution of such meeting. No crédit shall be allowed to any overseers‘ for moneys paid, unless it shall appear that such payments were made necessarily or pursuant to a legal order. . Poor Law, § 26, as am’d by chap. 222, Laws of 1897; see form below. ACCOUNTS OF OVERSEERS OF THE POOR To BE RENDERED TO TowN Boagps og Common CoUNCIL. To the Town Board of the town of.........-...0608 Account of..........0005 , overseer of the town of Brighton, for amounts. received and expended for the support and relief of the poor during the year ending....... see eee eee eee ,» 190.. 607 THE POOR, INSANE, ETC. [CH. xxv. § 965 Annual Report of Overseer. Receipts June 10. From county treasurer......... 02. cece cee eee teens $15 00 Sept. 15. From ............. for sale of property of............ ‘i WhO? had: AUSCONDE Mic cce sae tiew BRAS be a Ee ee Hien 15 50 Expenditures. June 15. To Richard Roe. for groceries.................0..0000. $15 00 Sept. 16. To county treasurer, pursuant to Poor Law, § 135...... 16 50 Jonroe County, Ss.: Sci ie Ris HOLS RRA NG , overseer of the poor of the town of Brighton, being duly sworn, deposes and says that the foregoing account is just and true; that the amount stated therein to have been received for the support and relief of the poor is all that has been received by him during the year ENMINR voice scdarsaseeme , 190.., and that the amounts stated to have been ex- pended were actually and necessarily expended by him for the purposes speci- tied, during such time. Overseer of the Poor. Subseribed and sworn to before me, Chisinw saan day OF vs ce een 190.. Notary Public. The statute regulating the manner of auditing accounts of overseers of the poor prescribes that no credit shall be allowed unless such payment was made pursuant to legal order of a justice of the peace. The hoard ought to pursue the method pointed out by the statute, but « departure from a directory provision does not render the audit void. Osterhoudt v. Rigney, 98 N. Y. 222. The books must be laid before the board of town auditors with all accounts of the moneys received and paid out. The boards should compare such ac- counts with the entries in the books, examine the vouchers, ete., and audit and settle the same, and strike the balance due from or to such overseers as case may be, and no credit should be allowed unles- the moneys were paid pursuant to a legal order. Robbins v. Wolcott, 66 Barb. 63. § 965, Annual report of overseers—Such overseers shall make to the town board, at its second annual meeting in each year, a written report, stating their account as provided in the last section, continued to that date, and any deficiency that may then exist in the town poor fund, with their estimate of the sum which they shall deem necessary for the temporary and outdoor relief and support of the poor in their town for the ensuing year, and in counties where there is no county almshouse, their estimate of such sum as they shall deem necessary to be raised and collected therein for the support of the poor for the ensuing year. If such board shall approve the statement and estimate so made or anv part thereof, they shall so certify in duplicate, one of which cer- 608 Cu. xiv. ] THE POOR, INSANE, ETC. Annual Report of Overseer (Continued). § 965 tificates shall be filed in ‘the office of the town clerk, and the other shall be laid by the supervisor of the town, before the board of supervisors of the county, on the first day of its next annual meeting. The board of supervisors shall cause the amount of such deficiency and estimates, as so certified, together with the sums voted by such town for the relief of the poor therein to be levied and collected in such town, in the same manner as other town charges, to be paid to the overseers of the poor of such town, and the warrants attached to the tax-rolls in such county shall di- rect accordingly. The moneys so raised shall be received by such overseers, and applied toward the payment of such deficiency, and for the maintenance and support of the poor, for whose relief such estimates were made. The town board shall also, on or be- fore the first day of December, annually certify to the county su- perintendents, the name, age, sex and native country, of every poor person relieved and supported by such overseers during the preced- ing year, with the causes which shall have: operated to render them such poor persons, the amount expended for the use of each person, as allowed by the board, and the amount allowed to each overseer for services rendered in relation to temporary or town relief. The town board shall include in such annual statement to the county superintendents and the county superintendents shall in- clude in their own report to the State board of charities a state- ment of the name and age, and of the names and residence of the parents of every child who has been placed by such overseers in a family during the preceding year, with the name and address of the family with whom each child is placed, and the occupation of the head of the family. Poor Law, § 27. The method of supporting the poor has been for the overseers to procure supplies upon their own credit and to present their account annually. to the board of audit for allowance, and the amount audited was put into the schedule of accounts and levied by the supervisors with other town charges, the collection to be paid to the overseers. Osterhoudt v. Rigney, 98 N. Y. 222. The overseer is not. bound to furnish supplies on his own credit. The funds should be provided for in advance. Id. The overseer should present to the town meeting his estimate, and the town meeting should determine the amount to be assessed. Id. 39 609 THE POOR, INSANE, ETC. [Cu, xxv. §§ 966-968 Overseer in Cities, Hospital Accommodations, Settlements, etc. § 966. Overseers of the poor in cities—This chapter shall apply to overseers of the poor in cities, except where otherwise specially provided by law. In the absence of such special provision, over- seers of the poor in each city shall make their report to the audit- ing board of such city, by whatever name known, at the begin- ning of the fiscal years of such city, if such time be fixed, other- wise on the first day of January in each year; the common coun- cils of such cities as shall be liable for the support of their own poor shall yearly determine the sum of money to be appropriated for the ensuing year, and a certified copy of such determination shall be laid before the board of supervisors of the county, who shall cause the same to be assessed, levied, collected and paid to the county treasurer. Poor Law, § 29; 2 R. S. 2301. § 967. Hospital accommodations for indigent persons—In all counties of this state in which there are not adequate hospital accommodations for indigent persons requiring medical or surgical care and treatment, or in which no appropriations of money are made for this specific purpose, it shall be the duty of county sn- perintendents of the poor, upon the certificate of a physician ap- proved by the board of supervisors, or of the overseers of the poor in the several towns of such counties, upon the certificate of a physician approved by the supervisor of the town, as their juris- diction over the several cases may require, to send all such in- digent persons requiring medical or surgical care and treatment to the nearest hospital, the incorporation and management of which have been approved by the state board of charities, pro- vided transportation to such hospital can be safely accomplished. The charge for the care and treatment of such indigent persons in such hospitals, as herein provided, shall not exceed one dollar per day for each person, which shall be paid by the several coun- ties or towns from which such persons are sent, and provision for # which shall be made in the annual budgets of such counties and towns. Poor Law, § 30. § 968. Settlements, how gained—Place of relief.—Every person of full age, who shall be a resident and inhabitant of any town or city for one year, and the members of his family who shall not have gained a separate settlement, shall be deemed settled in such town or city, and shall so remain until he shall have gained a 610 Cu. xxv.] THE POOR, INSANE, ETC. Qualification of Last Section. § 969 like settlement: in some other town or city in this State, or shall remove from this:State and remain therefrom one year. A minor may be emancipated from his or her father or mother and gain a separate settlement: 1. If a male, by being married and residing one year separately from the family of his father or mother. 2. If a female, by being married and having lived with her hus- band; in which case the husband’s settlement shall be deemed that of the wife. 3. By being bound as an apprentice and serving one year by vir- tue of such indentures. 4. By being hired and actually serving one year for wages, to be paid such minor. Poor Law, § 40. The old statute is repealed and the settlement must now be ascertained from this and the next section. People ex rel. French v. Lyke, 159 N. Y. 149. By gaining a settlement in another state the poor person loses all claim in a settlement in any of the towns of the county and can only regain such settlement in the usual way by continuing to be a resident in some one town for one year. Matter of Chapman, 15 Misc. 296; City Syracuse v. County Oneida, 25 Mise. 371; Sup. Poor Cattaraugus Co. v. Sup. Poor Erie Co., 50 St. Rep. 347. The residence should be continuous and notorious such as to lead the authorities to the conclusion that there is an intention to gain a settlement. Matter of Hector, 24 N. Y. Supp. a Dupuy v. Wutz, 53 N, Y. 556; De Meli v. De *Meli, 120 N. Y. The settlement of the father is the settlement of the child if not emanci- pated. Overseer Poor v. Overseer P. Albany, 2 Cow. 537. This section applies to every person who 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 settlement. Sitterly v. Murray, 63 How. 367. § 969. Qualification of last section—A woman of full age, by marrying, shall acquire the settlement of her husband. Until a poor person shall have gained a settlement in his or her own right, his or her settlement shall be deemed that of the father, if living, if not, then of the mother; but no child born in any almshouse shall gain any settlement merely by reason of the place of such birth; neither shall any child born while the mother is such poor person, gain any settlement by reason of the place of its birth. No residence of any such poor person in any almshouse, while 611 THE POOR, INSANE, ETC. [ CH. xxv. § 970 Poor Person not to be Removed, How Supported. such person, or any member of his or her family is supported or relieved at the expense of any other town, city, county or State, shall operate to give such poor person a settlement in the town where such actual residence may be. Poor Law, § 41. The settlement cannot be gained in a town where the actual residence may be so long as the poor person or any member of his family is supported at expense of any other, municipality. People ex rel. May v. Maynard, 160 N. Y. 453. The revision of the Poor Law 1896 did not so change the conditions of settlement that a poor person residing in « town or city for more than one year, while relieved at the expense of the county, ceased to be a county charge and become thereafter a town or city charge. People ex rel. French v. Lyke, 159 N. Y. 149. § 970. Poor person not to be removed, and how supported.—No person shall be removed as a poor person 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 except as hereinafter pro- vided; but every poor person, except the State poor, shall be supported in the town or county where he may be, as follows: 1. If he has gained a settlement in any town or city in such county, he shall be maintained by such town or city. 2. If he has not gained a settlement in any town or city in the county in which he shall become poor, sick or infirm, 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 distinction between town and county poor is abolished, he shall, in like manner, be supported at the expense of the county, and in both cases, proceed- ings for his relief shall be had as herein provided. +. If such poor person be in a county where the respective towns are liable to support their poor, and has gained a settlement in some town of the same county other than that in which he may then be, he shall be supported at the expense of the town or city where he may be, and the overseers shall, within ten days after the application for relief, give notice in writing to an overseer of the town to which he shall belong, requiring him to provide for the support and relief of such poor person Poor Law, § 42; see form below. 612 Cu. xxv. ] THE POOR, INSANE, BTC. Proceeding How to Determine Settlement. § 971 Notice From Onz Town To ANOTHER (IN A CounTY WHEBE THE, TowNs "ARE LIABLE TO SUPPORT THEIR Own Poor), REQUIRING THE ‘OVERSEERS oF THE TowN in Waicu THE Pook Person Has A RESIDENCE TO: PRovipE FoR His Support. County, of ..........-. 0.208. Ss. To the Querseers of the Poor of the town of............ , in said county: You are hereby notified that dssndp then ca. aepsdlasucncc anata » &@ poor person, who has gained a” settlement in your town, to which he belongs, is in the town of ai Parees geeans in said county, and is’ supported at the’ expense of the said 10mm Oiesnsavecneax , for which the undersigned are overseers. You are, therefore, required to provide for the relief and support of the said poor person. ; Given under our hands at.......... gy EMIS seca day: Of sss dissects 19.. Overseers of the Poor of the town of...........+..-. (This notice should be served on one of the overseers of the poor of the town where the poor person belongs.) If a town grants aid to a poor person who it claims had a legal settlement in another municipality, it must within 10 days after application for relief serve the notice prescribed by subd. 4 of this section. Matter ‘of Melville, 23 Mise. 398. Every poor person shall be supported in the town or county where he may be. Overseers of Norwich v. Overseers of Poor, 15 N. Y. 341. When a settlement is once gained in any town it remains there until a subsequent settlement is gained elsewhere. Sitterly v. Murray, 63 How. 367. county charge, but state poor. See § 1007. § 971. Proceedings to determine settlement.—If, within ten days after the service of such notice, the overseer to whom the same was directed, shall not proceed to contest the allegation of the settlement. of such poor person, by giving the notice herein- after directed, he or his successors, and the town which he or they represent, shall be precluded from contesting or denying such settlement. He may, within the time mentioned, give written notice to the overseer of the town where such person may be, and from whom he has received the notice specified in the last section, that he will appear before the county superintendents, at a place and on a day therein to be specified, which day shall be at least ten days and not more than thirty days from the time of the ser- vice of such notice of hearing, to contest ‘the alleged settlement. If the county superintendents fail to appear at the time and place so appointed, they shall, at the request of the overseers of either 613 THE POOR, INSANE, ETC. (Ci. xxv. § 972 Hearing Before Superintendent. town, appoint some place, and some other day, for the hearing of such allegations, and cause at least five days’ notice thereof to be given to such overseers; and no poor person shall be deemed to have gained a settlement, when the proper notices to contest the settlement have been served, until there has been a hearing before the superintendent thereof, and an order by them made and filed in the office of the county clerk, fixing the settlement of such poor person. Poor Law, § 43. If the overseer of the poor does not institute the proceeding authorized to be taken for that purpose, he and his town shall be forever precluded from denying that the settlement was in that town. Overseer of Norwich v. Overseer, etc., 15 N. Y. 341. The notice required must be served within the time required or the pro- ceedings will fail. Matter of Merville, 23 Misc. 398. NoTICE OF OVERSEER OF THE PooR TO APPEAR BEFORE SUPERINTENDENT OF THE Pook AND CONTEST ALLEGED SETTLEMENT OF A Poor PERSON, (Poor Law, § 43.) County Of ooo cecccccenescs 88.2 To the Overseers of the Poor of the town of............ , said county: Please take notice that the undersigned, overseers of the poor of the town OR ics Sis 2 in Bes » in said county, will appear before the superintendents of the poor of said county, at the poor house (or, other place, as may be desig- nated), on the...... day of........ , at ten o’clock in the forenoon, to con- test the alleged settlement of.............. , ® poor person, as set forth in your notice of the................ , 19.. Dated eine da dee o 80 anid , 19.. § 972. Hearing before superintendents—The county superin- tendents shall convene whenever required by any overseer pur- suant to such notice, and shall hear and determine the controversy, and may award costs, not exceeding fifteen dollars, to the prevail- ing party, which may be recovered in an action in a court of competent jurisdiction. Witnesses may be allowed fees as in courts of record. The decision of the superintendent shall be final and conclusive, unless an appeal therefrom shall be taken as pro- vided by this chapter. Poor Law, § 44; see form below. DECISION OF SUPERINTENDENTS CONCERNING THE SETTLEMENT OF POOR PERSONS. County Of. ews225 sais snes $8.3 The undersigned, superintendents of the poor of said county, having con- vened as required by the overseers of the poor of the town of............ , in 614 ‘CH. xxv.] THE POOR, INSANE, ETC. How to Compel Town to Support Poor. § 973 said county, pursuant to their notice, proceeded to hear and determine: a controversy:'which had arisen between the said overseers and the overseers of the town of..............0, , in said county, concerning the settlement of auuegdn ene ‘.++++++) @ poor person; and upon such hearing of the facts, the undersigned hereby decide that the legal settlement of the said.............- as such poor person, is (or, is not) in the said town of..........-.-- And the undersigned hereby award to the overseers of the poor of the town of As hacubiee RiGee , the prevailing party, the sum of.......... dollars, costs. of said proceeding, by them expended. Given under our hands and seals at.............. EM ISe ctaiaieget te day of WES Romar HaiE 19. Saud hed see hI 18 eh) ee hence [u. 8.] a a VOIR seal allS sean eco dm Yoana sav 8 can aap laia ESE Sea eases [. s.] sie i avigh Bahco aa anis ginal gibt se sascha mea SHierin ed ants [u. 8.] Superintendents of the Poor. § 973. How to compel towns to support poor persons.—The over- seers of the poor of the town in which it may be alleged any poor person has gained a settlement, may, at any time after re- ceiving such notice requiring them to provide for such person, take and receive such poor person to their town, and there support him ; if they omit to do so, or shall fail to obtain the decision of the county superintendents, so as to exonerate them from the main- tenance of such poor person, the charge of giving such notice, and the expense of maintaining such person, after being allowed by the county superintendents, shall be laid before the board of su- pervisors at their annual meetings from year to year, as long as such expenses shall be incurred, and the supervisors shall an- nually add the amount of such charges to the tax to be laid upon the town to which such poor person belongs, together with such sum in addition thereto, as will pay the town incurring such ex- pense, the interest thereon, from the time of expenditure to the time of repayment, which sum shall be assessed, levied and col- lected in the same manner as other charges of such town. Such moneys when collected shall be paid to the county treasurer and be by him eredited to the account of the town which incurred the expense. Poor Law, § +45. Where overseers of the poor relieve and support poor belonging to another town at request of overseer of poor of the town where the pauper belongs, the proper remedy is to get the claim allowed by superintendent of poor and lay the same before the board of supervisors in order that they may add the amount to the tax list of the town in which the pauper belongs. Holmes v. Brown, 13 Barb. 599. The overseers may on receiving the notice do one of two things: contest the alleged settement or take the pauper home to his own town and provide for him. If they do neither, then the law takes charge of the case and declares that the pauper shall be supported in the first instance by the town G15 THE POOR, INSANE, ETC. [Cui. xxv, §§ 974, 975 Proceedings to Determine Who are County Poor. where the pauper is, and the expense, after being audited by county super- intendent, shall be collected like other town charges out of the town which is chargeable through the agency of the board of supervisors. Overseers of Norwich v. Overseers of Poor, 15 N. Y. 341. § 974. Proceedings to determine who are county poor.—Thie support of any poor person shall not be charged to the county, without the approval of the superintendents. If a poor person be sent to the county almshouse as a county poor person, the super- intendents, in counties where there are town poor, shall imme- diately inquire into the facts, and if they are of opinion that such person has a legal settlement in any town of the county, they shall, within thirty days after such poor person shall have been received, give notice to the overseers of the poor of the town to which such poor person belongs that the expenses of such support will be charged to such town, unless the overseers within such time as the superintendents shall appoint, not less than twenty days there- after, show that such town ought not to be so charged. On the application of the overseers, the superintendents shall re-examine the matter and take testimony in relation thereto, and decide the uestion; which decision shall be conclusive, unless an appeal t erefrom shall be taken in the manner provided in this chapter. Poor Law, § 46; see form below. SUPERINTENDENTS’ NOTICE THAT Poor PERSON WILL Be SUPPORTED AT THE EXPENSE OF A Town IN A CouNTY WHERE THE Towns Support THEIR Own Poor. County of....-..... ec eee 88.: To the Overseers of the Poor of the town of...........60. » in said county: ge we 4 ee een ies , @ poor person, having been sent to the poor house as a county poor person, and the undersigned, superintendents of the poor of said county, ‘having inquired into the fact, and being of the opinion that the said poor person has a legal settlement in the town of.............6-..05. » in said county, pursuant to the provisions of section 46 of the’Poor Law, you are hereby’ notified that the expenses of the support of ‘said poor person will be charged to the town of................ , unless you, the dverseers of said town, within................ (here insert such time, not less than twenty days, as the superintendent 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....-..... 000 , 19 Superin tendents. § 975. In counties without almshouses.—In counties having no almshouse, no person shall be supported as a county poor person, without the direction of at least one superintendent. In such 616 Cu. xxv.] THE POOR, INSANE, ETC. Decisions, Appeals, ete. §§ 976, 977 cases the overseers of the poor, where such person may be, shall, within ten days after granting him relief, give notice thereof and that such person is not chargeable to their town, to one of the superintendents who shall i inquire into the circumstances, and if satisfied that such poor person has not gained a legal settlement in any town of the county, and is not a State poor person, he shall give a certificate to that effect, and that such poor person is charge- able to the county. He shall report every such case to the board of superintendents at their next meeting, who shall affirm such certificate, or, on giving at least eight days’ notice to the overseers of the poor of the town interested, may annul the same. After hearing the allegations and proofs att the premises, if the superin- ‘tendent to whom the overseers have given such notice shall neg- lect or refuse to give such certificate, the overseers may apply to the board of superintendents, who shall summarily hear and deter- mine the matter, and whose decision shall be conclusive, unless an appeal thérefrom shall be taken in the manner provided in this chapter. Such appeal may also be taken from the refusal of one superintendent to grant such certificate when there is but one superintendent in the county. Poor Law, § 47. § 976. Decisions to be entered and filed—The decisions of county. superintendents in. relation to the settlement of poor per- sons, or to their being a ‘charge upon the county, shall be entered in books to be provided for that purpose, and certified by the sig- nature of such of the superintendents as make the same; and a duplicate thereof, certified in the same manner, shall be filed in the office of the county clerk within thirty days after, making such decision. co en Poor Law, § 48. § 977, Appeal to the county court—Any or either of the parties interested in a decision of the superintendent, of the poor, or in any dispute that shall arise concerning the settlement of any poor person, may appeal from such decision to the county court of the county in which such decision shall be made, by serving upon the other parties ‘interested therein, within thirty days af- ter service upon the appellant of a notice of the same, a notice of appeal, which shall be signed by the appellant or his attorney, and whicli shall specify the grounds of the appeal. The hearing of such appeal may be brought on by either party in or out of 617 THE POOR, INSANE, ETC. (CH, xxv. -§§ 978,979 Penalty for Removing, Proceedings.to Compe! Support. term, upon notice of fourteen days. Upon such appeal a new trial of the matters in dispute shall be had in the county court without a jury, and a decision of the county court therein shall be final and conclusive, and the same costs shall be awarded as are allowed on appeals to said court. For the purposes of this chapter the county court shall be deemed open at all times. Poor Law, § 49. § 978. Penalty for removing.—Any person who shall send, re- move or entice to remove, or bring, or cause to be sent, removed or brought, any poor or indigent person, from any city, town or county, to any other city, town or county, without legal authority, and there leave such person for the purpose of avoiding the charge of such poor or indigent person upon the city, town or county from which he is to be sent, removed or brought, or enticed to remove, shall forfeit fifty dollars, to be recovered by and in the name of the town, city or county to which such poor person shall be sent, brought or removed, or enticed to remove, and shall be guilty of a misdemeanor. Poor Law, § 50. Where a person is sued for enticing a pauper under this section, the de- fendant may be allowed to state that he sent the pauper from his county in good faith. The penalty is incurred when any person removes or entices the pauper to remove without legal authority with intent to make the county to which the removal shall be made chargeable, etc. Cortland v. Herkimer County, 44 N. Y. 22. The town supporting the poor person is forbidden under penalty from removing him to the place where he is chargeable. Matter of McCutcheon, 25 Misc. 650; Smith v. Brundage, 17 Wk. Di- gest, 266. In order to maintain criminal liability under this provision it must be alleged and proven that the person guilty of bringing or enticing the pauper into a particular county did so with intent to make such county chargeable with the support of such pauper. Foster v. Cronkhite, 35 N. Y. 139; Bellows v. Courter, 24 St. Rep. 870; Coe v. Smith, 24 Wend. 341. The legislature did not intend to prohibit a destitute person or one who happened to be disabled while temporarily residing in one county from re- turning to his family and friends residing in another, though he might charge the county from which he thus removed with his support. Foster v. Cronkhite, 35 N. Y. 139. § 979. Proceeding to compel support of person removed, etc.— A poor person so removed, brought or enticed, or who shall of his own accord come or stray from one city, town or county into any 618 CH. Xxv.] THE POOR, INSANE, ETC. Penalty for Removing, Proceedings to Cornpel Support (Continued). § 979: other city, town or county not legally chargeable with his support, shall be maintained by the county superintendents of the county where he may be. They may give notice to either of the over- seers of the poor of the town or city from which he was brought or enticed, or came as aforesaid, if such town or city be liable for his support, and if there be no town or city in the county from which he was brought or enticed or came liable for his support, then to either of the county superintendents of the poor of such county, within ten days after acquiring knowledge of such im- proper removal, informing them of such improper removal, and requiring them forthwith to take charge of such poor person. If there be no overseers or superintendents of the poor in such town, city or county, such notice shall be given to the person, by what- ever name known, who has charge and care of the poor in such locality. ? Poor Law, § 51; see form below. Notice of Improper REMOVAL OF Poor PERSON FRoM a Town, CrTy OB County. County Of... 6... cece eee 88.: TO iss. donetehomuarenes iene , Superintendent of the Poor of the county of............ (or Overseer of the Poor of the town of............-- s You are hereby notified that.....,.......... » @ 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 (town or city) OF sas aanedi dane ois tu the county (town or city) of............ , without legal authority, and there left, with intent to make the said county (town or city) Of sot aaieraigacniess , to which the said removal was made, chargeable with the support of the said poor person. You are, therefore, pursuant to the pro- visions of section 51 of the Poor Law of the state of New Yerk, required forthwith to take charge of the said poor person. Given at.............. , in said county of............ 5 MRO tarda awss day WON als Mrathuvanseeeutons » 19 Superintendents of the Poor of the county of............ (or, Overseers of the Poor of the town of............4. ). Where a poor person removes or is removed from a town not chargeable with his support in another county and is there necessarily relieved by the overseer of the poor of the town, the expense incurred and the burden of thereafter maintaining the person is as between that town and its county a charge on the county, provided the overseer gives the superintendent of the poor of hijs county notice of the circumstances of the case as provided by statute. Stillwell v. Coons, 122 N. Y. 242. This section directs that the pauper so removed shall be maintained by the county superintendent where he may be, and further provides for the giving of notice of such improper removal to the proper officer of the county or 619 THE POOR, INSANE, ETC. [ CH. xxv, § 980 Liability, How Contested. town from which he was brought, and requiring such officer to take charge of the pauper. Cortland County v. Herkimer County, 44 N. Y. 22. The officers of the county claiming to fix it upon another county shall give notice to the appropriate authority of the latter county informing them of such improper removal and requiring them forthwith to take charge of such auper. ? Foster v. Cronkhite, 35 N. Y. 139. As to the sufficiency of notice, see City of Lynn v. City of Newburyport, 5 Allen, 545, 103 Mass. 117, 124 Mass. 117. A notice which does not state that the pauper was a pauper while in the town from which he came in order that his voluntary change of residence was improper, is insufficient. McKay v. Welch, 24 St. Rep. 838. A removal of the pauper which will charge the county with the expense of his maintenance must be such as would subject the person concerned in it to the penalty imposed by the preceding section. Coe v. Smith, 24 Wend. 341; Cortland County v. Herkimer County, 44 N. ¥. 22. : § 980. Liability, how contested—The county superintendents, or overseers, or other persons to whom such notice may be di- rected may, after the service of such notice, take and remove such poor person to their county, town or city, and there support him, and pay the expense of such notice, and of the support of such person ; or they shall, within thirty days after receiving such notice, by a written instrument under their hands, notify the county superintendents from whom such notice was received, or either of them, that they deny the allegation of such improper enticing or removal, or that their town, city or county is liable for the support of such poor person. Poor Law, § 52. “ Any pauper who shall of his own accord come or stray from any city, town or county into any other city, town or county not legally chargeable with his support,” did not give « right of action for the support of.a person by a county into which he had voluntarily removed, at a time when he was not a pauper, against the sae from which he had so removed. Bellows v. Courter, 6 N. Y. Supp. 73. When a poor person removes, or is removed, from a town in one county to. a town not chargeable with his support in another county, and is there neces- sarily relieved by the overseers, the expense incurred and the burden of there- after maintaining the person is, as between that town and its county, a charge on the county, provided the overseer gives the superintendent of the poor of his county notice of the circumstances “of the case, as provided by the statute. Stillwell v. Coons, 122 N. Y. 242. Plaintiff, as superintendent, after receiving notice from the overseer of if that he had given temporary relief to H., a pauper, who had formerly lived in B. in another county, with a statement of the circumstances of ‘the case. believing that the removal of H. to the town of T. was prohibited, mailed to 620 CH. xxv.] THE POOR, INSANE, ETC. Neglect to Contest. § 981 defendant, overseer of B., a notice of the removal, with a request that he provide for H. Within the thirty days prescribed by statute after. service of the notice, plaintiff received an answer from defendant denying unequivocally, but not in the words of the statute, that H. was a pauper while he lived in his county and denying any liability for his support. More than six months after receipt of the answer, this action to recover for such support was com- menced. Held, that as the action was not commenced within three months after receiving defendant’s denial of liability, it was barred by the statute. Stillwell v. Coons, 122 N. Y. 242. Where such denial was served by mail, received and retained by the plain- 1itf without objection, held, a sufficient service. Stillwell v. Kennedy, 51 Hun, 114. A notice which does not state the person was a pauper while in the town from which he came, nor that his voluntary change of residence was improper, is not sufficient. McKay v. Welch, 6 N. Y. Supp. 358; s. «, 24 St. Rep. 838. Rev. St. N. Y., part 1, chap. 20, tit. 1, § 31, 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, or from any county to any other county, but every poor person shall be supported in the county where he may be; that if he has gained a settlement in any town in such county he shall be maintained by such town; and that if he has not gained a settlement in the county in which he shall become poor, sick or infirm, he shall be supported and relieved by the superintendent of the poor at the expense of the county. Such stat- utes, as amended by Laws of New York, 1885, chap. 546, provide that any pauper who shall, of his own accord, come or stray from one city, town or county into any other city, town or county not legally chargeable with his sup- port, shall: be maintained by the superintendent of the county where he may be, and that by taking certain proceedings the liability of the county or, town from whence he came for his support may be fixed, if such county is so liable. Held, that’ one who had always been able to support himself and family by manual labor, though the wages earned by him were not more than sufficient for that purpose, was not a pauper, within the meaning of the statute; and where, having been a resident of the city and county of New York, he went to another county, and there met with an accident, which rendered him unable to support himself, the county from whence he came is not liable for his support. PP Wood v. Simmons, 4 N. Y. Supp. 368; s. c., 51 Hun, 325. Notice oF DENIAL OF REMOVAL oF Poor PERSONS. County Of .... 0.0.6 eee ee 8s.: To the Superintendents of the Poor of....... oe county : You are hereby notified that the undersigned, superintendents of the poor of the county of.............. , deny the allegation contained in your notice, of the supposed improper removal of......... spears » aS mentioned in your notice to the undersigned, in the manner and with the intent in said notice alleged. Given under our hands, at........ 5 ENTS cused day of........ , 19.. § 981. Neglect to contest.—If there shall be a neglect to take and remove such poor person, and to serve notice of such denial 621 THE POOR, INSANE, ETC. [Cu. xxv. §§ 982, 983 Actions, etc., Penalty Bringing Poor into State. within the time above prescribed, the county superintendents and overseers, respectively, whose duty it was so-to do, their successors, and their respective counties, cities or towns, shall be deemed to have acquiesced in the allegations contained in such first notice, and shall be forever precluded from contesting the same, and their counties, cities and towns, respectively, shall be liable for the ex- penses of the support of such poor person, which may be recovered from time to time, by county superintendents incurring such ex- penses, in the name of their county in actions against the county, city or town so liable. Poor Law, § 53. If there shall be « neglect to take and remove such pauper and to notify such denial, then the superintendent shall be deemed to have acquiesced in the allegations of the notice and shall be liable for the expenses of the sup- port of such pauper. Foster v. Cronkhite, 35 N. Y. 139. The denial of liability need not follow the language of the section above quoted, but it is quite sufficient if it contains an unequivocal denial of the liability asserted in the notice. Stillwell v. Coons, 122 N. Y. 242. This section makes the town liable absolute and precludes it from contest- ing the allegations of the notice unless the facts and liability are denied by the counternotice. McKay v. Welch, 24 St. Rep. 838. If the allegations of such notice are denied, then a suit may be instituted to recover the expenses incurred in the support of such pauper. Foster v. Cronkhite, 35 N. Y. 139. The action must be commenced within three months or it is forever pre- cluded. Cortland County v. Herkimer County, 44 N. Y. 22; Stillwell +. Coons, 122 N. Y. 242. § 982. Actions, when and how to be brought.—U pon service of any such notice of denial, the county superintendents upon whom the same may be served, shall, within three months, commence an action in the name of their county, against the town, city or county so hable for the expenses incurred in the support of such poor person, and prosecute the same to effect; if they neglect to do so, their town, city or county, shall be precluded from all claim against the town, city or county to whose officers such first notice was directed. Poor Law, § 54. § 983. Penalty for bringing foreign poor into this state—Anv person who shall knowingly bring or remove, or cause to be 622 Cu. xxv.] THE POOR, INSANE, ETC. Poor Children Under 16, How Supported § 984 brought or removed, any poor person from any place without this State, into any county, city or town within it, and there leave or attempt to leave such poor person, with intent to make any such. county, city or town, or the State, wrongfully chargeable with his support, shall forfeit fifty dollars, to be recovered by an action in a court of competent jurisdiction in the county, and in the name of the county, city or town into which such poor person shall be brought, and shall be obliged to convey such person out of the State, or support him at his own expense, and shall be guilty of a misdemeanor, and the court or magistrate before whom any person shall be convicted for a violation of this section shall require of such person satisfactory security that he will within a reasonable time, to be named by the court or magistrate, transport such per- son out of the State, or indemnify the town, city or county for all. charges and expenses which may be incurred in his support; and if such person shall refuse to give such security when so required, the court or magistrate shall commit him to the common jail of the county for a term not exceeding three months. Poor Law, § 55. In an action for bringing a poor person from out the state, it is no defense: that the pauper formerly had a legal settlement in the place to which he was brought and had not subsequently gained one elsewhere, and that the defend- ant acted in the removal as public officers of another state in conformity with the laws of such state. Winfield v. Mapes, 4 Denio, 571. When a person brings a pauper from out the state into a county within the state, he is neither subject to the penalty nor to the maintenance of the pauper without the existence of the intent to charge the county. Coe v. Smith, 24 Wend. 341. Overseers of the poor under the order of two justices who have spent money for the maintenance of the pauper cannot maintain an action on the case against the person who brought the pauper into the town. Their remedy is. under the statute to recover the penalty given in such case, Crouse v. Mabbett, 11 John. 167. § 984. Poor children under sixteen years of age—How sup- ported.—No justice of the peace, board of charities, police justice, or other magistrate, or court, shall commit any child under sixteen years of age, as a vagrant, truant or disorderly person, to any jail or county almshouse, but to some reformatory, or other institu- tion, as provided for in the case of juvenile delinquents; and when such commitments are made, the justice of the peace, board of charities, police justice, or other magistrate or court making the same, shall immediately give notice to the superintendents of the 623 THE POOR, INSANE, ETC. [Cu, xxv. § 985 Public Fund for Support Poor Children. poor or other authorities having charge of the poor of the county in which the commitment was made, giving the name and age of the person committed, to what institution, and the time for which committed; nor shall any county superintendents, overseers of the poor, board of charity, or other officer, send any child un- der the age of sixteen vears, as a poor person, to any county alms- house, for support and care, or retain any such child in such alms- house, but shall provide for such child or children in families, orphan asylums, hospitals, or other appropriate institutions for the support and care of children as provided by law, except that a child under two years of age may be sent with its mother, who is 4 poor person, to any county almshouse, but not longer than until it is two years of age. The board of supervisors of the several counties, and board of estimate and apportionment of the county of New York, and the appropriate board or body in the county of Kings shall take such action in the matter as may be necessary to carry out the provisions of this section. When any such child is committed to an orphan asylum or reformatory, it shall, when practicable, be committed to an asylum or reformatory that is governed or controlled by persons of the same religious faith as the parents of such child. Poor Law, § 56. The overseer of the poor in those cases where there is no county orphan asylum may place the children in any incorporated orphan asylum in the county at the expense of the town to which they were chargeable. Nuns of St. Dominick \. L. I. City, 48 Hun, 306. This section provides in detail for the commitment of poor children under sixteen years of age. Matter of Knowack, 158 N. Y. 482. Two classes of children are recognized by the act; one class in a sense criminal, which magistrates were required to commit, and the other pauper and destitute, for which the supervisors and poor authorities were reauired to care for. People ex rel. Horton y. Fuller, 41 A. D. 404. The provisions of sections 291 and 292 of the penal code may be read with the above section as referring to the two classes of children. Matter of Riley, 31 Hun, 612; People ex rel. Van Heck v. N. Y. C. P., 101 N. Y. 195. § 985. Public funds for support of poor children.—The guard- ianship of the person and the custody of any indigent child may be committed to any incorporated orphan asylum or other institution incorporated for the care of orphan, friendless or desti- tute children, by an instrument in writing signed by the parents 62+ CH. xxv.] THE POOR, INSANE, ETC. When Not Sent to Poorhouse, ete. § 986 of such child, if both such parents shall then be living, or by the surviving parent, if either parent of such child be dead, or if either one of such parents shall have, for the period of six months then next preceding, abandoned such child, by the other of such par- ents, or if the father of such child shall have neglected to provide for his family during the six months then next preceding, or if such child be a bastard, by the mother of such child; or if both parents of such child shall then be dead, by the guardian of the person of such child, legally appointed, with the approval of the court or officer which appointed such guardian to be entered of record; or if both parents of such child shall have been dead and no legal guardian of the person of such child shall have been ap- pointed, and no guardian of such child shall have been appointed by a last will and testament, or by a deed by either parent thereof, or if the parents of such child shall have abandoned such child for the period of six months then next preceding, by the mayor of the city or by the county judge of the county in which such asylum or such other institution shall be located, upon such terms, for such time, and subject to such conditions as may be agreed upon by the parties to such written instrument. And such written in- strument may provide for the absolute surrender of such child to such corporation. But no such corporation shall draw or re- ceive money from public funds for the support of any such child committed under the provisions of this section, unless it shall have been determined by a court of competent jurisdiction that such child has no relative, parent or guardian living, or that such relative, parent or guardian, if living, is destitute and actually unable to contribute to the support of such child. Laws 1884, chap. 438, § 1. § 986. When not to be sent to poorhouse—How provided for— Religious faith—It shall not be lawful for any county superin- tendent or overseer of the poor, board of.charity or other officer, to send any child between the ages of two and sixteen years as a _ pauper, to any county poorhouse or almshouse for support and care, or to detain any child between the ages of two and sixteen years in such poorhouse or almshouse; but such county superin- tendents, overseers of the poor, boards of charities or other officers shall provide for such child or children, in families, orphan asy- lums, hospitals, or other appropriate institutions, as provided by law. The boards of supervisors of the several counties of the 40 625 THE POOR, INSANE, ETC. (CH. xxv. §§ 987,988 Record Kept of Children, Removal, Change Name, ete. State are hereby directed to take such action in the matter as may be necessary to carry out the provisions of this section. When any such child shall be so provided for or placed in any orphan asylum or such other institution, such child shall, when practic- able, be so provided for or placed in such asylum or other institu- tution as shall then be controlled by persons of the same religious faith as the parents of such child. Laws 1884, chap. 438, § 2. § 987, Institutions to keep record of children—A]I institutions, public or private, incorporated or not incorporated, for the recep- tion of minors, whether as orphan or as pauper, indigent, destitute, vagrant, disorderly or delinquent persons, are hereby required to provide and keep a record, in which shall be entered the date of reception, and the names and places of birth and residence, as nearly as the same can reasonably be ascertained, of all children admitted in such institutions, and how and by whom and for what cause such children shall be placed therein, and the names. residence, birthplace and religious denomination of the parents of such children so admitted, as nearly as the same can be reason- ably ascertained; and whenever any such child shall leave such institution, the proper entry shall be made in such record, show- ing in what manner such child shall have been disposed of, and if apprenticed to or adopted by any person or family, or other- wise placed out at service or on trial, the name and place of resi- dence of the person or head of the family to or with whom such child shall have been so apprenticed, adopted or otherwise placed out. The Supreme Court may, upon application by a parent, relative or legal guardian of such child, after due notice to the institution and hearing had thereon, by order direct the officers of such institution to furnish such parent, relative or legal guardian with such extracts from such record relating to such child as such court may deem proper. Nothing in this sec- tion shall be construed to prevent visitation by relatives and friends in accordance with the established rules of such in- stitutions. Laws 1884, chap. 438, § 3, as am’d Laws 1894, chap. 54. § 988. Removal of child—Change of name—When returned to parent.—While any child which shall have been placed in such asylum, or other institution, as a pauper, in pursuance of the second section of this act, shall remain therein at the expense 626 CH. xxv.] THE POOR, INSANE, ETC. Penalty Removing Mother of Bastard, Support, ete. § 989 of the county or town to which such pauper child is chargeable, the superintendents of the poor of such county, or the oversecr of the poor of such town, may, in their discretion, remove such child from such asylum or other institution and place such child in some other such institution or make such other disposition of such child as shall then be provided by law. The name of no such child shall be changed while in such institution as in this section aforesaid. But no parent of such pauper child, so in such asylum or other institution as in this section aforesaid, shall be entitled to the custody thereof except in pursuance of a judgment or order of a court or judicial officer of competent jurisdiction, .adjudging or determining that the interests of such child will be promoted thereby, and that such parent is fit, competent and able to duly maintain, support and educate such child. Laws 1884, chap. 438, § 4. A corporation organized under the laws of this miata for the care, education and support of poor orphan children, may recover the amount due it for sup- porting certain children between the age of two and sixteen years, residents of Long Island City, and whom it had received, cared for and supported, on authority of written orders given by the overseer of the poor of the defendant city. As the relief of the children was gion and not temporary, the $10 limitation imposed by section 42 of 2 Revised Statutes (7th ed., p. 1861), did not apply to them. Nuns of St. Dominick v. Long Island City, 48 Hun, 306. Relator was a charitable institution approved by the state board. Under the statutes and by commitments not in all respects perfect, children were sent to relator and its bills therefor audited by the supervisors; the defend- ant,’ county treasurer, refused to pay. Held, that the bills were a county charge, and, that the court would not scrutinize the commitments with that care it would exercise if the proceeding were a habeas corpus and the com- mitment were claimed to be illegal or insufficient. People ex rel. Mt. Magdalen School v. Dickson, 57 Hun, 312. § 989. Penalty for removing mother of bastard; how supported after removal.—If the mother of any bastard, or of any child likely to be born a bastard, shall be removed, brought or enticed into any county, city or town from any other county, city or town of this state, for the purpose of avoiding the charge of, such bastard or child upon the county, city. or town from which she shall have been brought or enticed to remove, the same penalties: shall be imposed on every such person so bringing, removing or enticing such mother to remove, as are provided in the case of: the fraudulent removal of a poor person. Such mother, if unable to support herself, shall be supported during 627 THE POOR, INSANE, ETC. Ci. XXV. §§ 990-992 Mother and Bastard Child, How Supported, ete. her confinement 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. Poor Law, § 60. § 990. Mother and child poor persons: proceedings against county or town from which she was removed.—Such mother and her child shall, in all respects, be deemed poor persons; and the same proceedings may be had by the county superintendents to charge the town, city or county from which she was removed or enticed, for the expense of supporting her and her child, as are provided in the case of poor persons fraudulently or clande- stinely removed; and an action may be maintained in the same manner for said expenses and for all expenses properly incurred in apprehending the father of such child, or in seeking to compel its support by such father or its mother. Poor Law, § 61. § 991. Mother and bastard, how to be supported.—The mother of every bastard, who shall be unable to support herself, during her confinement and recovery therefrom, and every bastard, after it is born, shall be supported as other poor persons are required to be supported by the provisions of this chapter, at the expense of the eity or town where such bastard shall be born, if the mother have a legal settlement in such city or town, and if it be required to support its own poor; if the mother have a settlement in any other city or town of the same county, which is required to support its own poor, then at the expense of such other city or town; in all other cases, they shall be supported at the expense of the county where such bastard shall be born. Poor Law, § 62. $ 992. Mother and child not to be removed without her consent. —The mother and her child shall not be removed from any city or town to any other city or town in the same county, nor from one county to any other county, in any case whatever, unless volun- tarily taken to the county, city or town liable for their support, by the county superintendents of such county or the overseers of the poor of such city or town. Poor Law, § 63; 2 R. S. 2310. 628 ‘On. xxv.] THE POOR, INSANE, ETC. Mother and Bastard Child, How Supported, ete. (Continued). §§ 993-997 § 993. Overseers to notify superintendents of cases of bastardy —When county chargeable-—The overseers of the poor of any city or town where a woman shall be pregnant with a child, likely to be born a bastard, or where a bastard shall be born, which child or bastard shall be chargeable, or likely to become chargeable to the county, shall, immediately on receiving information of such fact, give notice thereof to the county superintendents, or one of them. Poor Law, § 64. § 994. Duty of superintendents to provide for mother and child. —The county superintendents shall provide for the support of such bastard and its mother, in the same manner as for the poor of such county. Poor Law, § 65. § 995. Until taken charge of by superintendents, to be sup- ported by overseers.—Until the county superintendents take charge of and provide for the support of such bastard and its mother so chargeable to the county, the overseers of the poor of the city or town shall maintain and provide for them; and for that purpose, the same proceedings shal] be had as for the support of a poor person chargeable to the county, who cannot be convenient- ly removed to the county almshouse. Poor Law, § 66. § 996. Overseers of towns to support bastard and mother, whether chargeable or not—Where a woman shall be pregnant with a child likely to be born a bastard, or to become chargeable to a city or town, or where a bastard shall be born chargeable, or likely to become chargeable to a city or town, the overseers of the poor of the city or town where such bastard shall be born, or likelv to be born, whether the mother have a legal settlement thevetn or not, shall provide for the support of such child and the sustenance of its mother during her confinement and recovery therefrom, in the same manner as they are authorized by this chapter to provide for and support the poor of their city or town. Poor Law, § 67. § 997. Moneys received by overseers from parents of bastard, how applied and accounted for—Where any money shall be paid to any overseer, pursuant to the order of any two justices, by any putative father, or by the mother of any bastard, the overseers may 629 THE POOR, INSANE. ETC. [CH. xxv. §§ 998-1000 Money Received on Account of Bastard, Disputes, etc. expend the same directly, in the support of such child, and the sustenance of its mother as aforesaid, without paying the same into the county treasury. They shall annually account, on oath, to the board of town auditors, or to the proper auditing board of a city, at the same time that other town or city officers are required to account for expenditures of all moneys so received by them, and shall pay over the balance in their hands, and under like penalties, as are provided by this chapter, in respect to the poor moneys in their hands. Poor Law, § 68. § 998. When moneys received on account of bastard chargeable to county, how to be disposed of—AlI] moneys which shall be ordered to be paid by the putative father, or by the mother of a bastard chargeable to any county, shall be collected for the benefit of such county; and all overseers of the poor, superintendents, sheriffs, and other officers, shall within fifteen days after the receipt of any such moneys, pay the same into the county treasury. Any officer neglecting to make such payment shall be liable to an action by and in the name of the county, for all moneys so received and withheld, with interest from the time of receipt, at the rate of ten per centum; and shall forfeit a sum equal to that so withheld, to be sued for and recovered by and in the name of the county. Poor Law, § 69. § 999. Disputes concerning settlement of bastard, how deter- mined.—When a dispute shall arise concerning the legal settle ment of the mother of a bastard, or of a child born or likely to be born a bastard, in any city or town, the same shall be determined by the county superintendents of the poor, upon a hearing of the parties interested, in the same manner and with the same effect as they are authorized to determine the settlement of a poor person under this chapter. Poor Law, § 70. § 1000. Proceedings when bastard is chargeable to another town.—When a bastard shall be born, or be likely to be born in a town or city, when the legal settlement of the mother is in another town or city of the same county, which is required by law to support its own poor, the overseers of the poor of the town or city where such bastard shall be born, or be likely to be born, 630 CH. xxv. | THE POOR, INSANE, ETC. Mode of Ascertaining Sum Allowed, ete. § 1001 shall give the like notice to the overseers of the town or city where the mother’s settlement may be, as is required in the case of a person becoming a poor person, under the like circumstances, and the same proceedings shall be had, in all respects, to deter- mine the liability of such town or city as in the case of poor persons. The overseers of the town or city to which the mother of such bastard belongs may, before the confinement of such mother, or at any time after the expiration 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 determination of the county superintendents in their favor on the question of set- tlement, the town or city to which the mother belongs shall be 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, shall be assessed, together with the lawful interest on the moneys expended, on the town or city to which such mother belongs, and shall be collected in the same manner as provided for poor persons supported under the same circumstances, and the moneys so col- lected shall be paid to the county treasurer, for the benefit of, and to be credited to, the town which incurred such expenses. Poor Law, § 71. § 1001. Mode of ascertaining sum to be allowed for support of bastard—When any town is required to support a bastard, and its mother, whether the mother have a settlement in such town or not, and no moneys shall be received from the putative father or from the mother, to defray the expense of such support, the over- seers of the poor shall apply to the supervisor of the town and obtain an order for the support of such bastard, and the sustenance of its mother during her confinement and recovery therefrom, and the sum to be allowed therefor, in the same manner as is required in the case of poor persons, and the moneys paid or contracted to be paid by the overseer, pursuant to such order, shall be paid by the county treasurer in the same manner as for poor persons, and be charged to the town to whose officer such payment shall be made. Poor Law, § 72. 631 THE POOR, INSANE, ETC. [Cx. xxv. §§ 1002, 1003 When Mother and Child Removed to Almshouse, Compromise with Father, ete. § 1002. When mother and child to be removed to county alms- house.—If there be a county almshouse in any county where the towns are required to support their own poor, the overseers of the poor of a town where a bastard shall be born, or shall be likely to be born, may, with the approval of the county superintendents or any two of them, and when the situation of the mother will allow it, remove the mother of such bastard, with her child, to such almshouse, in the same manner as poor persons may be removed ; the expenses of which removal shall be defrayed in like manner, and such mother and her child shall be considered as poor of the town so liable for their support, and the expense shall in like manner be estimated and paid. Poor Law, § 73. § 1003. Compromise with father of bastard—When mother may receive money.—Superintendents and overseers of the poor may make such compromise and arrangements with the putative father of any bastard child within their jurisdiction, relative to the sup- port of such child, as they shall deem equitable and just, and thereupon discharge such putative father from all further liability for the support of such bastard. . Whenever a compromise is made with the putative father of bastard child, the mother of such child, on giving security for the support of the child, and to indemnify the city and county, or the town and county, from the maintenance of the child, to the satis- faction of the officers making the compromise, shall be entitled to receive the moneys paid by such putative father as the consider- ation of such compromise. If the mother of such child shall be unable to give the security, but shall be able and willing to nurse and take care of the child, she shall be paid the same weekly allow- ance for nursing and taking care of the child, out of the 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. Poor Law, § 74; see form below. The superintendent or overseer of the poor may compromise with the father of the bastard child and discharge him from all further liability. The mother may receive the money or security given by the father, providing she give sufficient indemnity to the town or county for the child’s support. People ex rel. Allen v. Supt. of Poor, 3 Hill, 116. 632 Cu. xxv.] THE POOR, INSANE, ETC. Compromise with Putative Father, Appeal, etc. §§ 1004, 1005 AGREEMENT Upon CoMPROMISE WITH PUTATIVE FATHER OF BASTARD. Know all men by these presents, that oe complaint was: made on CHG: cio a: ccivane ares AY OL ccc ce cirains ere gy AD sits: DELOTO® oxi pscrgise eeewen es » Esq., a justice of the peace of the county of ............ by? acxasasscsaees , on oath, charging .............. with being the reputed father of a child, of which the said .....-..-..--- is now pregnant, and which, when born, will be a bastard, and likely to become (or, the father of a bastard child, of which the said .............. was on the ........ day Of sess sese: i AD ees delivered, and which said child is) chargeable to said county; and Whereas, the said .............. was arrested on said charge, and brought before. ican arse cease ONG sisson easier ag , justices of the peace of said county, and. 2s emcee 2 euauen , the father of said child (of which the said ............ is now pregnant) (or, so born a bastard), as aforesaid; Now, therefore, .............. of the poor of said county, for and in con- sideration of the sum of .............. dollars, to .......... paid, as such superintendent (or overseer), and by virtue of the statute in such case made and provided, do hereby compromise the said charge, and release and dis- charge the said .............. from all liability to the ............ -+, or to the superintendent of the poor (or overseer of the poor) thereof, by reason of the liability of the said .............. to support the said:............. (or bastard) child, or from any other cause, by reason of the birth of said (or bastard) child. Given under ........ hand and seal this ........ day of .......... 5 19s Signed, delivered and duly acknowledged in the presence of and before ........ 5 Justice of the Peace. § 1004. Compromise with putative fathers in New York.—The | commissioners of public charities of the city of New York, or any two of them, may make such compromise and arrangements with the putative fathers of bastard children in said city, relative to the support of such children, as they shall deem equitable and just, and thereupon may discharge such putative fathers from all further liability for the support of such bastards Poor Law, § 75. § 1005. Costs on appeal.—The court must award costs to the party in whose favor an appeal is determined. When awarded against county superintendents or overseers of the poor of a town, not liable for the support of its own poor, they must be patel by the county treasurer, on delivering to him a certified copy of the order and of the taxed costs, and must be charged by him to the town in the same county, liable to support the bastard, or if there be none, to the county. In the city of New York, when costs are awarded upon an appeal, to the person charged as the father or mother of the bastard, they must, upon the produc- tion of similar vouchers, be pa’ by the comptroller of that. 633 THE POOR, INSANE, ETC. [Cu. xxv. §§ 1006, 1007 Cost against Plaintiff, Who are State Poor, etc. city, and charged to the appropriation made to the commissioners of charities and corrections thereof. Code Crim. Pro., § 873. § 1006. Costs against plaintiff, how recovered—If, in the action, costs be awarded against the plaintiffs, they may be recov- ered, as follows: 1. If against the corporation of the city of New York, in the same manner as in any other action; 2. If against county superintendents or overseers of the poor, they must, upon the delivery of a transcript of the judgment, be paid by the county treasurer, and by him charged to the town in the same county, liable for the support of the bastard, or if there be none, to the county. Code Crim. Pro., § 885. Taxable costs are allowed. Ont. Go. v. Moon, 12 Wend. 273; Washburn v, Overseer, 9 John. 119. § 1007. Who are State poor, and how relieved.— Any poor per- son who shall not have resided sixty days in any county in this State within one year preceding the time of an application by him for aid to any superintendent or overseer of the poor, or other officer charged with the support and relief of poor persons, shall be deemed to be a State poor person, and shall be maintained as in this article provided. The State board of charities shall, from time to time, on behalf of the State, contract for such time, and on such terms as it may deem proper, with the authorities of . not more than fifteen counties or cities of this State, for the reeeption and support, in the almshouses of such counties or cities respectively, of such poor persons as may be committed there- to. Such board may establish rules and regulations for the discipline, employment, treatment and care of such poor persons, and for their discharge. Every such contract shall be in writ- ing and filed in the office of such board. Such almshouses, while used for the purposes of this article, shall be appropriately desig- nated by such board and known as State almshouses. Such board may, from time to time, direct the transfer of any such poor per- son from one almshouse to another and may give notice from time to time to counties, to which almshouses they shall send poor persons. Poor Law, § 90. 654 Cu. xxv. ] THE POOR, INSANE, ETC. Notice as to State Almshouse, State Poor, etc. §§ 1008-1010 §-1008. Notice to be given to county clerks of location of State almshouses.—Such board shall give notice to the county clerks of the several counties of the location of each of such almshouses, who thereupon shall cause such notice to be duly promulgated to the superintendents and overseers of the poor, and other officers charged with the support and relief of poor persons in their respective counties. A circular from the superintendent of State and alien poor appointed by such board shall accompany such notice, giving all necessary information respecting the commit- ment, support and. care of the State poor in such almshouses, according to the provisions of this article. Poor Law, § 91. § 1009. State poor to be conveyed to State almshouses.—County superintendents of the poor, or officers exercising like powers, on satisfactory proof being made that the person so applying for relief as a State poor person, as defined by this chapter, is such poor person, shall, by a warrant issued to any proper person or officer, cause such person, if not a child under sixteen years of age, to be conveyed to the nearest State almshouse, where he shall be maintained until dulv discharged, but a child under two years of age may be sent with its mother, who is a State poor person, to such State almshouse, but not longer than until it is two years of age. All testimony taken in any such proceeding shall be forwarded, within five days thereafter, to the superintendent of State and alien poor, and a verified statement of the expenses incurred by the person in making such removal, shall be sent to such superintendent. Such board shall examine and audit the same, and allow the whole, or such parts thereof as have been actually and necessarily incurred; provided that no allowance shall be made to any person for his time or service in making such removal. All such accounts for expense, when so audited and allowed, shall be paid by the State treasurer, on the warrant of the comptroller to the person incurring the same. Poor Law, § 92. § 1010. Punishment for leaving almshouse—An inmate of a State almshouse, who shall leave the same without being duly dis- charged, and within one year thereafter is found in any city or town of this State soliciting publie or private aid, shall be pun- ished by confinement in the county jail of the county in which he is so found, or in any workhouse of this State in such county, 635 THE POOR, INSANE, ETC. [ Cu. xxv. §§ 1011,1012 Expense for Support, Poor Indians, ete. for a term not exceeding three months, by any court of com- petent jurisdiction; and it shall be the duty of every superintend- ent and overseer of the poor and other ofticers charged with the support and relief of poor persons, to cause, as far as may be, the provisions of this section to be enforced. Poor Law, § 98. . § 1011. Expenses for support.—The expenses for the support, treatment and care of all poor persons who shall be sent as State poor to such almshouses, shall be paid quarterly, on the first dav of January, April, July and October in each year, to the treasurer of the county, or proper officers incurring the same, by the treasurer of the State, on the warrant of the comptroller; but no such expenses shall be paid to any county or city, until an account of the number of persons thus supported, and the time that each shall have been respectively maintained, shall have been rendered in due form and approved by the State board of charities. Poor Law, § 94. $ 1012. Indian poor persons—Removal to county almshouses.— Every Indian residing within this State or upon any of the Indian reservations of this State, who is a poor person within the meaning of this chapter, shall be maintained as provided in this article. Upon application being made by such Indian poor person to the superintendent of the poor of the county where such Indian resides, or to any other officer charged with the support and relief of the poor, and on satisfactory proof being made that such Indian is a poor person as defined in this chapter, such superintendent or other officer shall, by warrant, cause such Indian to be conveyed to the almshouse of the county where such Indian resides, where he shall be maintained at State expense. Immediately upon the removal of such Indian who is a poor person to such almshouse, all testimony taken and all facts re- lating thereto, together with a verified statement of the expenses incurred in making such removal, shall be transmitted to the State board of charities. Such board shall examine all matters relating thereto, and if satisfied that such removal was proper, and that the expenses thereof were actually and necessarily incurred, shall audit and allow the amount of such expenses, which when so audited and allowed shall be paid by the State treasurer, on 636 CH. Xxv.] THE POOR, INSANE, ETC. Contracts to Support Indians, ete., Alien Poor, etc. §§ 1013-1015 the warrant of the comptroller, to the person incurring the same. If, however, it shall appear to the satisfaction of such superin- tendent that the Indian poor person making application for relief is in such physical condition as to make it improper to remove him to the almshouse, the superintendent may, subject to such rules and regulations as may be prescribed by the State board of charities, provide for the care and support of such Indian poor person, without removing him to the almshouse, and the expenses incurred in such care and support shall be paid by the State treasurer on the warrant of the comptroller, upon the order and allowance thereof by the State board of charities as in eases of support of Indian poor persons in almshouses. Poor Law, § 101. § 1013. Contracts for support of Indian poor persons.—The State board of charities shall from time to time, on behalf of the State, contract with the proper officers of the county within which such Indians who are poor persons reside, on such terms and for such times as it may deem proper, for the reception and support in the almshouse of such counties of such Indians who are poor persons as may be committed thereto. Such board may establish rules and regulations for the discipline, treatment and care of such Indians and provide for their discharge. Every such contract shall be in writing and filed in the office of such board. Poor Law, § 102. § 1014. Expenses for support of Indian poor persons.—The ex- penses for the support, treatment and care of all Indians who are poor persons and shall be sent to such county almshouse pursuant to this chapter, shall be paid quarterly on the first day of January, April, July and October in each year, to. the treasurer of the county wherein such Indians are supported by the State treasurer, on the warrant of the comptroller, but no such expenses shall be paid until an account of the number of Indians thus -upported, and the time that each shall have been respectively maintained shall have been rendered in due form and approved by the State board of charities. Poor Law, § 103. § 1015. Duty of keepers—Superintendent. of State and alien poor to keep record.—The keeper or principal officer in charge of G37 THE POOR, INSANE, ETC. [Cu. xxv. § 1016 Investigation by Board, Order Thereon, such almshouse shall enter the names of all Indians committed thereto, with such particulars in relation thereto as the State board of charities may prescribe. Immediately upon the admis- sion of any such Indian, such keeper or principal officer shall transmit by mail the names of such Indians, with the particulars hereinbefore mentioned, to the superintendent of State and alien poor; and notice of the death, discharge or absconding of any ‘such Indian shall in like manner be transmitted to such superin- tendent. Such superintendent shall cause the names of such Indians in such county almshouse to be entered in a book to be kept for that purpose in the office of such board, and he shall verify the correctness thereof by comparison with the books kept in the almshouse by personal examination of such Indians or in such other manner as the board may direct; and he shall furnish the board in tabulated statements, annually on or before the second Tuesday in January, the number of Indians main- tained in all such county almshouses during the preceding year, the number discharged, bound out, removed from the State, and the number who died or left without permission during the year, with such other information as the board may require. Poor Law, § 104. tv! § 1016. Investigations by board or committee—Orders thereon. —The board may, by order, direct an investigation by a committee of one or more of its members, of the officers and managers of any almshouse, or of the conduct of its officers and employes; and the commissioner or commissioners so designated to make such investigation may issue compulsory process for the attendance of witnesses and the production of books and papers, administer oaths, examine persons under oath, and exercise the same powers in respect to such proceeding as belong to referees appointed by the supreme court. If it shall appear, after such investigation, that the inmates of the almshouse are cruelly, negligently or improperly treated, or inadequate provision is made for their sustenance, clothing, care and supervision, or other condition necessary to their com- fort and well being, such board may issne an order in the name of the people, and under its official seal, directed to the proper officer of such almshouse, requiring him to modify such treat- ment or apply such remedy, or both, as shall therein be specified. Before such order is issued it must le approved by a justice 638 Cu. via THE POOR, INSANE, ETC. Almshouse Construction, elie, Distinction Between Town and §§ 1017, 1018. County Poor. of the supreme court, after such notice as he may prescribe, and an opportunity to be heard thereon, and any person to whom such an order is directed who shall willfully refuse to obey the same shall, upon conviction, be deemed guilty of a misdemeanor. Poor Law, § 117. § 1017. Almshouse construction and administration—No alms- house shall be built or constructed, in whole or in part, except .on plans and designs approved in writing by the State board of charities. It shall be the duty of such board to call the at- tention, in writing or otherwise, of the board of supervisors and the superintendent of the poor, or other proper officer, in any county, of any abuses, defects or evils, which, on inspection, it. may find in the almshouse of such county, or in the administration thereof, and such county officer shall take proper action thereon, with a view to proper remedies, in accordance with the advice _ of such board. Poor Law, § 118. § 1018. Boards of supervisors may abolish or revive distinction between town and county poor—The board of supervisors of any county may, at an annual meeting or at a Special meeting called for that purpose, by resolution, abolish or revive the distinction between town and county poor of such county, by a vote of two- thirds of all the members elected to such board, and until such abolition or revival, such county, or the towns therein, shall con- tinue to maintain and support their poor as at the time when this. chapter shall take effect. The clerk of ‘the board shall, within thirty days after such determination, serve, or cause to be served, a-copy of-the resolution-upon:the-clerk-of each town, village or city within such county, and upon each of the superintendents and overseers of the poor therein. Upon filing such determination to abolish the distinction between town and county poor, duly certified by the clerk of the board, in the office of the county clerk, the poor of the county shall thereafter be maintained, and the expense thereof defrayed, by the county; and all costs and charges attending the examinations, conveyance, support and necessary expenses of poor persons therein, shall be a charge upon the county. Such charges and expenses shall be reported by the sup- erintendent of the poor, to the board of supervisors, and shall be assessed, levied and collected the same as other county charges. Poor Law, § 134. 639 ‘ THE POOR, INSANE, ETC. [ CH. xxv, §§ 1019, 1020 Overseer to Pay to County Treas., Investment of, ete. In order to render the expense of maintaining all the poor of a county a county charge, the board of supervisors must not only determine to abolish the distinction between county and town poor, but must file such determina- tion with the county clerk. Until such determination be filed, the duties of the officers arising out of such change in the poor system do not attach. Such filing cannot be proved by parol unless it be first shown that primary evidence cannot be obtained. The service of the resolution of the board of supervisors on the town clerks is not essential to effect a change of system, such provision being only directory. Thompson vy. Smith, 2 Denio, 177. By the general law state boards of supervisors have power at will to abolish or revive distinctions existing in their counties between town and county, poor; they also had the power to abolish such distinction and make the sup- port of all the poor of the county a county charge. Peope ex rel. Sup. v. Supervisors, 103 N. Y. ‘Bl, § 1019. Overseers, when to pay money to county treasurer.— Within three months after notice shall have been served upon the overseers of the poor, that the distinction between town and county poor has been abolished, they shall pay over all moneys which shall remain in their hands as overseers for the use of their town, after discharging all demands against them, to the county treasurer, to be applied by him toward the future taxes of such town; and all moneys thereafter received by them, as such overseers, for the use of the poor of their town, shall be paid by them to the county treasurer within three months after receiving -the same, and by him credited to the town whose overseer shall have paid the same. It shall be the duty of all _officers or persons to pay to the county treasurer all moneys which shall be ‘received for, or owing by them to the overseers of the poor of any such town, for the use of the poor thereof, pursuant to any law or obligation requiring the same to be paid to such overseer, and credited by such county treasurer to the town for whose use such moneys were received or owing. Any overseer or other person having received or owing such moneys, who shall neglect or refuse to pay the same within thirty days after de- mand thereof, shall be liable to an action therefor, with interest at the rate of ten per cent. thereon, by such county treasurer, in the name of his county. Poor Law, § 135. § 1020. Invested town money.—When any town shall have any moneys raised for the support of the poor, invested in the name of the overseers of the poor of such town, such overseers shall continue to have the control thereof, and shall apply the interest 640 Cu. xxv.] THE POOR, INSANE, ETC. Report by Supervisor. § 1021 : arising therefrom to the support of the poor of their town, so long as such town shall be liable to support its own poor, but when relieved from such liability by a vote of the supervisors of the county, the money so raised and invested shall be applied to the payment of such taxes upon the town, as the inhabitants thereof shall at an annual town meeting, or a special town meet- ing called for that purpose, determine. Poor Law, § 136. § 1021. Report by supervisors.—The supervisor of every town in counties where al] the poor are not a county charge, shall 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 town board at its first annual meeting in each year, an abstract of all such accounts, which shall exhibit the number of poor persons that have been relieved or supported in such town the preceding year, specifying the number of county poor, and town poor, the whole expense of such support, the allowance made to overseers, justices, constables or other officers, which shall not comprise any part of the actual expenses of maintaining the poor. Poor Law, § 137; see form below. Form of report: To THE CLERK OF THE BOARD OF SUPERVISORS: The undersigned, supervisors of the town of ....... , in the county OL Ssouisksusti duet ace , respectfully reports as follows: The number of poor supported ........ relieved in the town of ............ during the year ending the .... day of ...... , 190.., as appears from the accounts of the overseers of the poor was Of these, the number of county poor was ee Se town Bes abr ashlee ts ea ede hanes The whole expense of such support was.................eeeeeeeee 8 Of this sum there was paid for transportation of the poor Allowance made to overseers for their services.................... se SPUASEL COS ae stevectiiane iescastrnda nee anteaseca Mien Reem ona naa keepers and officers...........-...000- cee eeue physicians for services and medicines overseers for support of county poor.......... LOL TOWN) POOK yc tincek ie meres Ea nhw wines The actual value of the labor of the poor maintained was.......... Estimated amount saved in the expense of their support, in conse- quence of their labor, was....... 6... cece eee ec teenies {Insert any other charges there may be.] Of the whole number of poor relieved by the overseers, there were ........ foreigners, .... lunatics, .... idiot and .... mutes. The number of poor 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 preceding this report, was .... dollars. I certify that the foregoing is a correct abstract of the accounts of the over- 41 641 “ “ec “ “ “ “ “ “ THE POOR, INSANE, ETC. {Cu. xxv. §§ 1022-1025 Poor Fund Diverted, How, etc. seers of the poor of the town of ........... :, for the year ending the ...... day of ......-.-- , 190.., as they were settled by the town board. Dated .........- « the: sie: day of .......... , 190.. Supervisor. § 1022. Town poor fund may be diverted—It shall be lawful for the inhabitants of any town in such counties as have abolished the distinction between county and town paupers, and in such counties as may hereafter abolish such distinction, at any annual or special town meeting to appropriate all or any part of the moneys and funds remaining in the hands of the overseers of the poor of such town after such abolition, to such objects, and for such purposes, as shall be determined on at such meeting. Laws 1829, chap. 287, § 1. § 1023. May go to school fund.—If any such meeting shall appropriate such money or funds for the benefit of common schools in their town, the money so appropriated shall be denomi- nated ** The common school fund of such town,” and shall be under the care and superintendence of the commissioners of common schools* of said town. Laws 1829, chap. 287, § 2. * This is now vested in supervisor. § 1024. Money, etc., to go to supervisor.—If any such meeting shall appropriate such money or funds for the benefit of common schools, after such appropriation shall have been made, and after the commissioners of common schools shall have taken the oath of office, the overseers of the poor of such towns shall then pay over and deliver to the said commissioners* such moneys, bonds, mortgages, notes and other securities, remaining in their hands as such overseers of the poor, as will comport with the appropriation made for the benefit of common schools of their town. Laws 1829, chap. 287, § 3. § 1025. Supervisor may sue therefor.—The said commission- ers (now supervisors) may sue for and collect in their name of office, the money due or to become due on such bonds, mortgages, notes or other securities, and also all other securities by them taken under the provisions of this act. Laws 1829, chap. 287, § 4. 642 CH. xxv.] THE POOR, INSANE, ETC. Fund May be Loaned, etc., Foreclosure, ete. § 1027-1030 § 1026, Continue permanent school fund.—The moneys, bonds, mortgages, notes and other securities aforesaid, shall continue and be a permanent fund, to be denominated the common school fund of the town appropriating the same, the annual interest of which shall be applied to the support of common schools in such towns, unless the inhabitants of such town, in annual town meeting, shall make a different disposition of the whole of the principal and interest, or any part thereof, for the benefit of the common schools of such town. Laws 1829, chap. 287, § 5. § 1027. Supervisors may loan money, when—Secured by mort- gages.—The said commissioners of common schools * whenever the whole or any part of the principal of said fund shall come to their hands, shall loan the same on bond, secured by a mortgage on real estate of double the value of the moneys so loaned, exclusive of buildings or artificial erections thereon. Laws 1829, chap. 287, § 6. § 1028. Foreclosure of suck mortgages.—The said commission- ers of common schools (now supervisors) may purchase in the es- tate on which the fund shall have been secured, upon the fore- closure of any mortgage, and may hold and convey the same for the use of said fund. Laws 1829, chap. 287, § 7. § 1029. Interest, how to be applied.—The said commissioners of common schools (now supervisors) shall retain the interest of said common school fund, which shall be distributed and applied to the support of common schools of such town, in like manner as the public money for the support of common schools shall be distributed by law. Laws 1829, chap. 287, § 8. § 1030. Supervisors to account annually.—The said commis- sioners of common schools (supervisors) shall account annually, in such manner and at such time as town officers are required by law to account, and shall deliver to their successor in office all moneys, books, securities and papers whatsoever, relating to said fund, and shall take a receipt therefor, and file the same with the town clerk. Laws 1829, chap. 287, § 9. 643 THE POOR, INSANE, ETC. [CH. xxv, §§ 1031, 1032 Account of Overseer, Forms, etc. § 1031. Account of the overseer of the poor.—The following is an account of moneys received and expended together with the name, age, sex, nativity and cause of pauperism of each person relieved or supported by the overseer of the poor of the town of Ze oe Place Dateof | aS5 Names of | age] sex | Tot | Same.cl | orderior | & EIB: Nativity. P Relief | 3" & ay aq vu Louise Barnes...] 22 Female |Canada_ | Disease Oct. 15, 91 $23 50 Patrick Murphy.| 78 Male Ireland |Old age May 30, 00) 25 00 Camille Fouquet.| 31 Male France | Intemp’rance| Dec. 4, ’00 4 75 Toni Bonafedi...| 42 Male Italy Idiocy Feb. 20,’01} 10 25 Fritz Schmidt...} 25 Male Germany | Disease July 21,00) 18 00 Bertha Napier...} 31 Female | Scotland |Debauchery |Jan. 2, ’01 7 65 § 1032. Form of report and additional certificate by town board.— The undersigned submits the following report as prescribed by section 27 of the Poor Law: {Here state the account as in the last section, brought down to date, and continue. ] There is a deficiency in the town poor fund of.................045 $ For the ensuing year there will be necessary for temporary and outdoor relief the sum of......... 0.2 c eee cee ett [If there is no county almshouse add the following: ] There will be necessary for the support of the poor for the ensuing year the sum. Qfecu0s 9:6 uta crews otegas sos doa od ke MRR FER Bek Dated .......... , 190.. (Signed; ce ean ace eee Rade om Seimiete Overseer of the Poor. " CERTIFICATE. We hereby approve the statement and estimate of the overseer of the poor Of thé town Of | ...20c6 sen , contained in the annexed report. Dated, .......... , 190.. (Signed. ) to at seem g saat Town Board. One of the reports and certificates so signed should be filed in the town clerk’s office and the other given to the supervisor for delivery to the board of supervisors. Additional certificate by town board.— On or before December first of each year the town board should send to the superintendent of the poor the following certificate: 644 Cu. xxv.] THE POOR, INSANE, ETC. Register of Age and Sex. § 1033 To the Hon. , Superintendent of the Poor of the County of : The undersigned, members of the town board of the town of said county, do hereby certify: The following are the names, age, sex and native country of every poor person relieved and supported by the overseers of the poor of said town dur- ing the preceding year, with the causes whicn have operated to render them such poor persons, and the amount expended for the use or each person as allowed by the board: , in Amt. allowed Native for expenses NAMES. Age. | Sex. country. Causes. Af each person. We have allowed the overseers named below, for their services rendered in relation to temporary or town relief, the several sums set opposite their names : To Elie: SUT S Ob Salado" wis Sabi Gis thduacd wielaueds Sm desea $ To Ah): SUN, SOP cha Peake ee pesca tina d-ooiease To the sum of The following is a statement of the name and age, and of the names and residence of the parents, of every child who has been placed by such over- seers in a family during the preceding year, with the name and address of the family with whom each child is placed and the occupation of the head of the family, viz.: . 3 Name Addre x os . r 4 Names Residence of the of fe mica NAME OF CHILD. of child’s | of child’s | family : Uae ree “ : with whom} of such parents. parents. | with whom E eo placed. family. 2 placed. ot ———————_—| ———————————“—— Dated, 19 (Signed) he tee eee eee eee e nett eee eee Town Board. § 1033. Register of sex and age.—In addition to the general register of the inmates of the various almshouses, there shall be kept a record of the sex, age, birthplace, birth of parents, educa- tion, habits, occupation, condition of ancestors and family rela- tions, and cause of dependence of each person at the time of 645 THE POOR, INSANE, ETC. [Cu. xxv. §§ 1034-1036 Care of not Auctioned off, Reports Certain Officers, ete. admission, with such other facts and particulars in relation thereto as may be required by the State board of charities, upon forms prescribed and furnished by such board. Superintendents and overseers of the poor, and other officers charged with the relief and support of poor persons, shall furnish to the keepers or other officers in charge of such almshouses, as full information as prac- ticable in relation to each person sent or brought by them to such almshouse, and such keepers or other officers shall record the information ascertained at the time of the admission of such per- son, on the forms so furnished. All such records shall be pre- served in such almshouses, and the keepers and other officers in charge thereof shall make copies of the same on the first day of each month, and immediately forward such copies to the State board of charities. Poor Law, § 138. §$ 1034. Care of poor persons not to be put up at auction.—No officer or persons whose duty it may be to provide for the main- tenance, care or support of poor persons at public expense, shall put up at auction or sale, the keeping, care or maintenance of any such poor person to the lowest bidder, and every contract which may be entered into in violation of this provision shall be void. Poor Law, § 139. § 1035. Reports of certain other officers—The provisions of ‘this chapter, relating to reports by superintendents of the poor, to the State board of charities, and the penalties applicable thereto, are hereby extended to, and made applicable to the commissioners of public charities for the city and county of New York, the super- intendent of the almshouse of the county of Albany, the keeper of the almshouse of the county of Putnam, the commissioners of the almshouse elected in the cities of Newburgh and Poughkeepsie, and all poor officials elected or appointed in other cities of this State, under general or special acts of the legislature. Poor Law, § 140. $ 1036. Reports with relation to children placed in family homes.—The superintendents of the poor of counties, the overseers of the poor of cities and towns and all other public officers by whatsoever name or title known who are authorized by law to place out dependent children in family homes by adoption, in- 646 CH. Xxv. | THE POOR, INSANE, ETC. Report of State Beard, Supervisor’s Acceptance of Convey- §§ 1037-1039 ance, ete. denture or otherwise, are hereby required to report to the state board of charities on blanks provided by such board, the par- tieulars with relation to each child so placed out. Such report shall state the name, age and sex of the child so placed out, together with the father’s full name and residence, the mother’s full name and residence, and the religious faith of the parents. The report shall also state the full names and residence of the heads of the family with whom such child is placed, their rela- tionship to the child, if any, the religious faith of the heads of such family, and their occupation or occupations, together with such further information as the State board of charities may re- quire on the blanks provided. Such reports for the preceding month shall be filed with the state board of charities on or before the tenth day of each month. Poor Law, § 141, as am’d Laws 1905, chap. 273. § 1037. Report of state board of charities—The state board of charities shall include in its annual report to the legislature the results of the information obtained from the reports to be made to it as herein provided. It shall also, from time to time, furnish to the officials so required to report to it, necessary forms, blanks and instructions required in making up such reports. Poor Law, § 142, § 1038. Supervisor may accept conveyance or real property.— The supervisor of a town may as such official accept a deed or conveyance of real property or mortgage-thereon in behalf of the town, and sell and convey such real property or mortgage the same after the expiration of one year from the date of such conveyance or mortgage for the care and maintenance of a poor person. No such deed or conveyance shall be accepted by him, unless by the written consent of the town board given at any regular meeting thereof. Such consent shall be filed in the office of the town clerk. The person or persons giving such deed or mortgage may within one year from the date of such conveyance or mortgage secure a conveyance or cancellation of said deed or mortgage upon payment to said supervisor of the expense in- curred by such town for taxes and necessary repairs on said prop- erty and also in maintaining such person or persons. Poor Law, § 143, added by Laws 1902, chap. 117. § 1039. Leaving children or wife a public charge—How pro- ceeds of property applied—Whenever the father, or the mother 647 THE POOR, INSANE, ETC. [CH. xxv. § 1039 Leaving Wife or Children Public Charge, Proceeding, etc. being a widow or living separate from her husband, has absconded or shall abscond from his or her children or a husband from his wife, leaving any of such children or such wife chargeable, or likely to become chargeable, upon the public for their support, and any real or personal estate of such father, or mother, or husband, has been or shall be seized by a superintendent of the poor or an overseer of the poor, or by a board of charities (or by other officers authorized to make such seizure), by warrant of the justices of the peace of the county where such real or personal property may be situated, and the court of sessions of the county wherein such superintendent or overseer of the poor or board of charities, or other officers authorized to make such seizure resides, has confirmed, or shall confirm said warrant and seizure and has heretofore directed, or shall hereafter direct what part of any of the said personal property shall be sold and how much, if any, of the proceeds of such sale and of the rents and profits of the real estate, if any, be applied toward the maintenance of the children or wife of the person so absconding, then the said superintendent or overseer of the poor, board of charities or other officer so authorized and directed, shall apply the said proceeds of sale of said personal property, or rents and profits of the real estate (as the case may be): First, to the payment of such taxes and assessments as may be outstanding and existing liens upon the said real estate, and repairs necessary to be made upon said real estate; and premiums for insurance on the buildings on said real estate and the balance, if any, dircctlv to the maintaining, bringing up and providing for the wife, child or children so left and abandoned, as the same may be required from time to time; and for all of such expenditures they shall take proper vouchers, and from the rents and’ profits thereafter received from any real estate so seized they shall first pay all legal taxes and assessments, as they shall be assessed against said real estate and such premiums for insurances and expenses for such repairs thereon as they may deem necessary for the pro- tection and preservation of said real estate, and the balance of said rents and profits shall be applied by said overseers, superin- tendents, boards of charities, or other persons authorized to make such seizures, to the maintaining, bringing up, and pro- viding for the wife, child, or children so left and abandoned, and proper vouchers shall be taken thereof. Laws 1878, chap. 304, § 1. 648 Cu. xxv. ] THE POOR, INSANE, ETC. Minors’ Guardians, Funds, Security, Accounting, etc. §§ 1040, 1041 § 1040. Guardians for minors—Care of fund—Security—Ac- counting.—Whenever any child or children, entitled to the bene- fits provided by this act, shall be a minor or minors whose mother is dead and whose father has absconded from his children, or whose mother, being a widow or living apart from her husband, has absconded from her children, and such minor or minors shall have no guardian, the court of sessions having jurisdiction of this matter shall appoint some suitable person guardian ad litem or next friend of such minor or minors, whose duty it shall be to see that the provisions of this act are carried into effect. The proceeds of the sale of said personal property and the rents and profits of said real estate shall not be mingled or placed with any other funds held or owned by the officer or officers receiving the same, but shall be kept separate and distinct. Such super- intendent, overseer of the poor, board of charities or other author- ized officer shall give security for the faithful performance of the duties hereby imposed in such form and in such sum as the aforesaid court may direct, and shall account to the court of sessions for all moneys so received by them and for the applica- tion thereof from time to time and may be compelled by the said court to render such account at any time. Laws 1878, chap. 304, § 2. § 1041. 192% Subscribed and sworn to, etc. To enable the county treasurer to keep a record of such commitments the supervisor should report to him whenever he makes an order placing any child in such institution. 676 Cu. xxv.] THE POOR, INSANE, ETC. Support of Vagrants, “ Tramps ” Defined. §§ 1100, 1101 CERTIFICATE. The supervisor or overseer of the poor will issue a certificate in the follow- ing form to be delivered ta the institution. STATE OF NEW YORK, County of.......... i I have this day selected ............ , of the town of ............ , county OL: 34. sesn sss eas , son (or daughter) of ............ ,» who was born on the stetegaes day of .........., 19.., as a county pupil in the Western New York Institution for Deaf- Mutes, for the term of ...... years, from the ...... day OLE 23.2 a esgaeadpantte 19.., to GUE. ca vevaue day of .......... 19.., (he being then twelve years of age), to be educated and supported therein during that pe- riod, at the expense of the county of .......... , in conformity with the pro- visions of chapter 325, Laws of 1863, as am’d by chapter 213 of the Laws of 1875. Dated at ............ , 190.. Of the town of ............ § 1100. Support of vagrants—The magistrate must imme- diately cause the certificate which constitutes the record of convic- tion, together with the testimony taken before him as to the resi- dence of such vagrant, to be filed in the office of the clerk of the county, and must, by a warrant signed by him with his name of office, commit the vagrant, if not a notorious offender, and a proper object for such relief, to the county poorhouse, if there be one, or to the almshouse or poorhouse of the city, village or town, for not exceeding six months, at hard labor, or, if the vagrant be an im- proper person to be so committed, he must be committed for a like term to the county jail. In those counties of the State where the distinction between county poor and town poor is maintained, the expense of conviction and maintenance during the commit- ment of any vagrant committed to any one of the place of confine- ment above specified, who shall at the time of such commitment have obtained a legal settlement in one of the towns of the county in which said:person shall be convicted, shall be a charge upon the town where they may reside at the time of such commitment. Code Crim. Pro., § 892, as am’d by chap. 664, Laws of 1898, in effect September 1, 1898. § 1101. Tramp defined—A tramp is any person, not blind, over sixteen years of age, and who has not resided in the county in which he may be at any time for a period of six months prior thereto, who 1. Not having visible means to maintain himself, lives without employment; or 2. Wanders abroad and begs, or goes about from door to door, 677 THE POOR, INSANE, ETC. [ Cir. xxv. §§ 1102-1105 Shelter for Girls and Expense, etc., Epileptics, ete, or places himself in the streets, highways, passages or public places to beg or receive alms; or 3. Wanders abroad and lodges in taverns, groceries, alehouses, watch or station houses, outhouses, market places, sheds, stables, barns or uninhabited buildings, or in the open air, and does not give a good account of himself. Code Crim. Pro., sec. 887a, added by chap. 664, Laws 1898; in effect September 1, 1898. $1102. “Tramps” are a State charge, during their impris- onment,. and the law requires them to be sentenced to the nearest penitentiary, Laws 1885, chap. 490, § 1. § 1108. Shelter for unprotected girls—The law authorized the commitment of girls by the magistrate in the districts named to an institution organized for the care for and maintenance of un- protected girls, Laws 1881, chap. 278, § 1. §$ 1104. Expense thereat.—Each board of supervisors of the several counties within the fifth, sixth, seventh and eighth ju- dicial districts of this State, is hereby authorized and directed to audit the bills for boarding any inmate of said institution received therein, from the county of such board, by virtue of any of the provisions of section one of this act, at such prices as such board of supervisors may deem just and reasonable, and the bills so audited shall be paid by the county treasurer of such county. When any such bill is so audited and paid, it shall be apportioned by said board among the various cities and towns in such county as such board shall deem equitable, and the amount so apportioned to any city or town shall be reimbursed by such city or town to such county. Laws 1881, chap. 278, § 8, as am’d by chap. 53, Laws of 1893. § 1105. Epileptics—Designation and admission of patients— There shall be received and gratuitously supported in the colony, epileptics residing in the State, who, if of age, are unable, or, if under age, whose parents or guardians are unable to provide for their support therein; and who shall be designated as State pa- tients. Such additional number of epileptics as can be conven- iently accommodated shall be received into the colony by the man- agers on such terms as shall be just, and shall be designated as pri- 678 CH. xxv. ] THE POOR, INSANE, ETC. Epileptics, Care of, etc. § 1105 vate patients. Epileptic children shall be received into the colony only upon the written request of the persons desiring to send them, stating the name, age, place of nativity, if known, the town, city or county in which such children respectively reside, and the ability of their respective parents, or guardians or others to provide for their support in whole or in part, and if in part only, stating what part; and stating also the degree of relationship or other circum- stances of connection between the patients and the persons re- questing their admission ; which statement in all cases of State pa- tients must be verified by the affidavits of the petitioners and of two disinterested persons, and accompanied by the opinion of a qualified physician, all residents of the same county with the epi- leptic patient, and acquainted with the facts and circumstances or surrogate of the county; and such judge or surrogate must also stated, and who must be certified to be credible by the county judge certify, in each case, that such State patient, in his opinion, is an eligible and proper candidate for admission to the colony. State patients may also be received into the colony upon the official application of a county superintendent of the poor, or of the poor authorities of any city. It shall be the duty of the superintendent of the poor in every county and of the poor authori- ties of every city to furnish annually to the State board of chari- ties, a list of all epileptics in their respective jurisdictions, so far as the same can be ascertained, with such particulars as to the condition of each epileptic as shall be prescribed by the said State board. Whenever an epileptic shall become a charge for his or her maintenance on any of the towns, cities or counties of this State, it shall be the duty of all poor authorities of such city, and of the county, to place such epileptic in the said colony. Any parent, guardian or friend of an epileptic child within this State may make applieation to the poor authorities of any city, or the super- intendent of the poor of any county, or the board of supervisors or any supervisor of any town, ward or city where such child re- sides, showing by satisfactory affidavit or other proof that the health, morals, comfort or welfare of such child may be en- dangered or not properly cared for if not placed in such colony; and thereupon it shall be the duty of such officer or board to whom such application may be made to place such child in said colony. The board of supervisors shall provide for the support of such patients, except those properly supported by the State, and may recover for the same from the parents or guardians of such chil- 679 THE POOR, INSANE, ETC. [| Cu. xxv. §§ 1106-1108 State Charitable Institutions, Definitions and Reports, ete. dren. In the admission of patients preference shall always be given to poor or indigent epileptics, or the epileptic children of poor or indigent persons, over all others; and preference shall always be given to such as are able to support themselves only in part, or who have parents able to support them only in part, over those who are able or who have parents who are able wholly to furnish such support. State Charities Law, § 109; 3 R. S. 2847. §$ 1106. State charitable institutions—The term State chari- itable institutions, when used in this chapter, shall include all institutions of a charitable, eleemosynary, correctional or reforma- tory character, supported in whole or in part by the State, except institutions for the instruction of the deaf and dumb and the blind, and such institutions which, by section eleven, article eight of the Constitution, are made subject to the visitation and in- spection of the commission in lunacy or the prison commission, whether managed or controlled by the State or by private corpora- tions, societies or asociations. State Charities Law, § 2. § 1107. Definition—Each of the asylums, reformatories, homes, retreats, penitentiaries, jails, or other institution of this State, in which the board, instruction, care or clothing of persons committed thereto is, or shall be a charge against any county of this State, or town therein, shall be known for the purposes of this act as one of the State benevolent institutions of the State. Laws of 1880, chap. 347, § 1. : § 1108. Report of persons making commitment.—lIt shall be the duty of every judge, justice, superintendent of the poor, over- seer of the poor, supervisor, or other person, who by law is author- ized to make commitments or appointments to any of the State benevolent institutions of the State, to make a report in writing to the clerk of the board of supervisors of the county so liable, or of the county in which any town is so liable for the board, instruction, care, or clothing mentioned in section one of this act; said report shall be made within ten days after making such commitment or appointment, and shall show, when known, the nationality, age, sex, and residence of each person so appointed or committed, and the length of time of such appointment or commitment. Laws 1880, chap. 347, § 2. 680 Cu. xxv.] THE POOR, INSANE, ETC. Keepers of Same, etc. §§ 1109-1111 § 1109. Same, of keeper, etc.—It shall be the duty of the keep- er, superintendent, warden, secretary, director, or other proper officer of each of the State benevolent institutions of the State, within ten days after receiving any person into any of the insti- tutions mentioned in section one of this act, whose board, care, instruction, tuition, or clothing shall be chargeable to any town or county, to make a report in writing to the clerk of the board of supervisors of the county so liable, or of which any town is so liable. Such report shall show when such persons were received into said institution and when known, the name, age, sex, nation- ality, residence, length of time of commitment or appointment, the name of the officer making such commitment or appointment and the sum chargeable per week, month or year for such person. Laws 1880, chap. 347, § 3. § 1110. Same, in case of death, etc.—In case of the death, re- moval or discharge of any person committed or appointed to any of the institutions mentioned in this act it shall be the duty of the officers mentioned in section three of this act, to immediately re- port to the clerk of the board of supervisors of the respective county the date of such death, removal or discharge. Laws 1880, chap. 347, § 4. § 1111. Keeper, etc., to present annual account and report.— It shall be the duty of the officers mentioned in section three of this act, annually, on or before the fifth day of October, to present to the clerk of the board of supervisors of the county liable for the board, instruction, care or clothing mentioned in this act, or of the county in which any town is so liable, a sworn statement of the account of such institution, with such county or town, .up to the first day of said October, and in case of a claim for clothing, an itemized statement of the same, and in case any part of the board, care, tuition, or clothing has been paid by any person or persons, the account will show what sum has been so paid, and accompany- ing such account shall be a report showing the name, age, sex, nationality and residence of each person mentioned in the account, the name of the officer who made the commitment or appointment, the date and length of commitment or appointment, the time to which the account has been paid, and the amount claimed to the first day of said October, the sum per week or per annum charged, 681 THE POOR, INSANE, ETC. | Ci. xxv. $$ 1112-1114 Reports, Neglect of, etc., Presentation to Supervisors, ete. . and if no part of such account has been paid by any person or persons, the report shall show such fact, duly verified. Laws 1880, chap. 347, § 5. § 1112. Neglect to make same.—Any officer mentioned in this act, who shall refuse or neglect to make the reports required by this act shall not be entitled to receive any compensation or pay for any services, salary or otherwise, from any town or county to which he is required to make such report. Laws 1880, chap. 347, § 6. § 1113. Filing and presenting same to supervisors.—The clerk . of the board of supervisors who shall receive any report or ac- count in pursuance of the provisions of this act shall carefully file the same and present the same to the respective boards of supervis- ovs on the second day of the annual meeting of the board next succeeding the receipt of the same. Laws 1880, chap. 347, § 7; 3 R. §. 2828. Poor houses of the several counties of the state and Kings county are ex- cepted for this act. Id., §§ 8, 9. £ 1114. General powers and duties of board.—The State board of charities shall visit, inspect and maintain a general supervision of all institutions, societies or associations which are of a charita- ble, eleemosynary, correctional or reformatory character, whether State or municipal, incorporated or not incorporated, which are made subject to its supervision by the constitution or by law; and shall, 1. Aid in securing the just, humane and economic administra- tion of all institutions subject to its supervision. 2. Advise the officers of such institutions in the performance of their official duties. 3. Aid in securing the erection of suitable buildings for the accommodation of the inmates of such institutions aforesaid. 4. Approve or disapprove the organization and incorporation of all institutions of a charitable, eleemosynary, correctional or reformatory character which are or shall be subject to the super- vision and inspection of the board. 5. Investigate the management of all institutions made subject to the supervision of the board, and the conduct and efficiency of the officers or persons charged with their management, and the care 682 ‘CH. XXv.] THE POOR, INSANE, ETC. General Duties State Board of Charities. § 1115 and relief of the inmates of such institution therein or in transit. 6. Aid in securing the best sanitary condition of the buildings and grounds of all such institutions, and advise measures for the protection and preservation of the health of the inmates. 7. Aid in securing the establishment and maintenance of such industrial, educational and moral training in institutions having the care of children as is best suited to the needs of the inmates. 8. Establish rules for the reception and retention of inmates of all institutions which, by section fourteen of article eight of the constitution, are subject to its supervision. 9. Investigate the condition of the poor seeking public aid and advise measures for their relief. State Charities Law, § 9. 10. Administer the laws providing for the care, support and removal of state and alien poor and the support of Indian poor persons. 11. Collect statistical information in respect to the property, receipts and expenditures of all institutions, societies and asso- clations subject to its supervision, and the number and condition of the inmates thereof, and of the poor receiving public relief. A corporation organized under Laws 1875, chap. 130, which takes legal measures to prevent cruelty to children and to enforce the law with regard to them, also feed, cloth and assist them, as well as destitute families, and fur- nish medical aid, doing the latter work with funds supplied in part by public moneys, is deemed a “ charitable” institution, and is subject to visitation by the state board. People ex rel. State Board v. N. Y. 8. P. 0. C. C., 25 Misc. 53. As to the branch of preventing cruelty to children the state board has no jurisdiction. Id. § 1115: Payments for support, etc., of inmates of institutions.— Boards of estimate and apportionment, common councils, boards of aldermen, boards of supervisors, town boards, boards of trustees of villages, and all other boards or officers of counties, cities, towns and villages, authorized to appropriate and raise money by taxa- tion and make payments therefrom, are hereby authorized in their discretion, to appropriate and to raise money by taxation and to make payments from said moneys, and from any moneys received from any other source and properly applicable thereto, to charitable, eleemosynary, correctional and reformatory institu- tions wholly or partly under private control, for the care, support and maintenance of their inmates, of the moneys which are or 683 THE POOR, INSANE, ETC. [Cu. xxv. §§ 1116, 1117 Report to Supervisors, etc. may be appropriated therefor; such payments to be made ouly for such inmates as are received and retained therein pursuant to rules established by the state board of charities; except that board< of trustees of villages and town boards of towns in which there is no hospital located, and which are situated upon and adjoin the boundary line of a neighboring state, are hereby authorized in their discretion to appropriate and to raise money by taxation and to make payments from said moneys, and from any moneys te- ceived from any other source and properly applicable thereto, to hospitals in such adjoining state for the purpose of maintaining a bed or beds in such hospital for the-benefit of and to be use exclusively by the inhabitants of such village or town. Boards of trustees of villages and town boards of towns situate upon the boundary line of a neighboring state, which have appropriated and raised money by taxation for the purpose of maintaining a bed or beds in a hospital in such adjoining state and have not paid the same are hereby authorized to use said money for the purpose for which it was appropriated and raised. Payments to such hospital in an adjoining state shall be made only for such inmates as are received and retained therein pursuant to rules established by the state board of charities. Laws 1895, chap. 754, § 1, as am’d by Laws 1902, chap. 155. § 1116. Reports to supervisors of appointments and committals to charitable institutions—Every judge, justice, superintendent or overseer of the poor, supervisor or other person who is authorize by law to make appointments or commitments to any state chari- table institution, except almshouses, in which the board, instruc- tion, care or clothing is a charge against any county, town or city, shall make a written report to the clerk of the board of supervisors of the county, or of the county in which any town is situated, or to the city clerk of any city, which are liable for any such board, instruction, care or clothing, within ten days after such appoint- ment or commitment, and shall therein state, when known, the nationality, age, sex and residence of each person so appointed or committed and the length of time of such appointment or commit- ment. State Charities Law, § 45. $ 1117. Reports by officers of certain institutions to clerks of supervisors and cities.—The keeper, superintendent, secretary. director or other proper officer of a o A Oe Bs = : : al ZuxLgRH ° > | & a ST TAGS S : 7 BS | Fr acss =i: | o S32 sbs Ss |: B28 | 2e°5he eae z eS a Om 4 B< 3 mH S : : vo . 2 SSB su 2 ie Fy wan Ss : 3 So S258 oS |: | 4 =Sis S = be 7 4 % eo oo or =| : & oa ! e 2S y = 8 agsgb 2 2, moKRG : sane g a Es Sess : gee" 6 9 S z : PSeoveZ Ss aay a ao a 2 Bees ; BSR5 86 n 638°" : A - 3 iS] : a D n 7 < DM om a < = 02 0 ese. eS pearl onda ~—ot mR 27 oo Con a a2 x oe E35 Ba 2as S 23 2 wre} & CH. xxvii] ASSESSMENTS, ETC. Form of Assessment Roll, with Tax Extended. § 1291. ASSESSMENT -ROLL OF THE TOWN OF ........ , COUNTY OF ........ 5 FOR THE YEAR 190.. Lanps or NoNRESIDENTS. Name of tract, patent, | aes and description of Ne eae a eee part. Great Lor No. 3, oth Allotment, Division 3, Division 6. Rejected 1888. TO THE TOWN ASSESSORS. To the end that there may be uniformity in the town assessment rolls, when completed, the board of supervisors of Monroe county, in annual session convened, passed the following resolutions, instructing the town assessors to comply with certain forms as here set forth: Plain Figures — Make all figures PLAIN and DISTINCT. Ditto Marks — Do not make ditto marks in the columns for figures, Figures — See that the figures are placed under each other, inside the blue lines and not zig-zag. Acreage — Do not omit any acreages however small, and be sure and report the railroad acreage. Valuation per Acre —In the column designated “value per acre,” place the valuation as fixed by you; this is indispensable. Affiavit — The assessor’s affidavit should immediately follow that portion of the roll made by them, viz.: After the recapitulation. Fractions — Reduce all fractions of an acre to 100ths, thus 75% acres, report 75.75, 50 1-3 acres, 50.33; placing the 100ths in the column designated for the purpose. ; Description — The attention of the assessors is called to the necessity of placing in the roll a correct description of the property, particularly the number of lots or parts of lots. Railroad Property —In entering Railroad, Telegraph and Telephone prop- erty in the assessment roll, place each corporation on separate pages, alpha- beting Railroads under R in the index, and Telegraph and Telephone under T in the index. Assessing Lots— In assessing lots, owned by one person, assess each sep- ~ arately. Do not assess several lots to one name, as in case any of the lots are sold, it makes it impossible for the county treasurer to give a receipt. Completion of Roll ~The assessors shall complete the assessment roll on or before the first day of August, and notices must be posted in three or more public places; on the third Tuesday of August they must meet to review their assessments. . i Proper Heading — Railroad and Telegraph property should be placed. under the column marked “assessed value of real estate,” not under the column marked “ value of personal estate,” unless “special franchise,” when it should go under that heading. 825 ASSESSMENTS, ETC. [Cu. xxvumt. § 1291 Forms of Assessment Rolls. Assessing Railroad Property — In assessing railroads give miles and 100ths of miles of track in town, with value; also acres of land, with value of land and buildings; do not assess it all in one lump as N. Y. C. R. R. $100,000, and do not put it on a page with any other property. Map of Non-Resident Property — If the assessors shall deem it necessary to have an actual survey made, to ascertain the quantity of any lot or tract of non-resident real property, they shall notify the supervisor, who shall cause the necessary surveys to be made at the expense of the town. Column for Fire Tax —In the assessment rolls a column has been placed for “ fire tax.” This column will contain the tax on fire districts; assessors can note immediately after property that is liable for fire tax in red ink, the initials “ F. T.,” which will indicate the property is liable to fire tax. Making Two Copies of Assessment Rolls — When the assessment roll is com- pleted and verified the assessors shall make two copies thereof, one of which shall be retained by them for the use of themselves and their successors in office, and the other of which, duly certified by the assessors to be a copy, shall be filed in the office of the town clerk, on or before the 15th day of September. Filing of Roill—On or before the 15th day of September a copy shall be filed in the office of the town clerk, which shall become w public record. The assessors shall cause to be posted notices in at least three public places and to be published in one or more newspapers, if any, published in the town, that such assessment has been finally completed and that such certified copy has been so filed. The said original assessment roll shall be delivered to the supervisor on or before October Ist. Village Property — Place incorporated village property on the rolls separate from farm property and make a recapitulation of both, viz.. a recapitulation of the village property immediately after the pages that the property appears on; then commence with the farm property and make a recapitulation of that. On the next page make the grand total, showing the total valuation in the town, of both village and farm property. In several of the rolls last year the recapitulation was strung out for several pages. This is not necessary, and only tends to confuse. Apportionment of R. R. in School Districts — The practice of the assessors making the apportionment for school districts in the assessment roll is wrong; under the law the assessors shall make such apportionment, to be signed by a majority within fifteen days after the final completion of the roll, and said apportionment must be filed with the town clerk within five days thereafter. The town clerk shall furnish the trustees a certified copy of such apportion- ments. A decision on this point held the method of making the apportionment . in the assessment rolls to be illegal. People v. Adams, 125 N. Y. 471. Personal — The terms “ personal estate” and “ personal property,” as used in this chapter, includes chattels, money, things in action, debts due from solvent debtors, whether on account, contract, note, bond or mortgage; debts and obligations for the payment of money due or owing to persons residing within this state, however secured or wherever such securities shall be held; debts due by inhabitants of this state to persons not residing within the United States for the purpose of any real estate, public stocks, stocks in moneyed corporations, and such portion of the capital, as shall not be invested in real estate. (Sec. 4, Chap. 808, Laws of 1896.) Order of Assessing — The practice of alphabeting the names in the assess- ment roll is unnecessary, as the index in the front portion of the book is there for that purpose. Place the names in the assessment roll exactly the way you find the property when you assess along a road or street. If you find Brown, Smith, Jones, Robinson, ete., living on one road, place their names in the roll in that order, and it would facilitate the making of tax searches, if the assessors would head the page by stating the name of the tract, road or street 826 ‘ CH. XXVIII. ] ASSESSMENTS, ETC. Form of Assessment Rolls. § 1291 on which the property is found. Telephones, fill out the page. Recapitulation — Place all the village property in the book first, regardless of the alphabetical arrangement of names, and then make a recapitulation. Then enter the farm property and make a recapitulation of that. On the following page place the two recapitulations, adding them together, which will give the total valuation of the town. The Railroads, Telegraph and Telephone companies valuations should be divided between the village and town. In case property has been omitted the previous year, and is placed in the assessment roll to be re-assessed, place -it on a separate page after the recapitulation, and write at the head of the page “To be re-assessed.” Do not add the amount to be re-assessed in the total. Footing Assessment Rolls — According to the law the AssEssors Must Foot THE ASSESSMENT Ro ts before delivering them to the supervisors. The assessors of the towns will understand the Great ImporTANCE of adding the columns correctly; an error in acreage, personal or real, however small, may work great injury to your particular town. In making the recapitulation in the back of the book carry over the footings of the page like this: In all cases except Railroads, Telegraph and Assessed value Value of Per- Sex. No. of Acres. es sepa sonal Property. |Dog. Slut. Page 1 145.75 $ 24,785 $ 2,000 4 1 ae. 377.50 52,591 12,000 15 1 oS 276.18 37,747 27,450 20 2 Total 899.43 $115,133 $41,450 39 4 Uneven Amounts — The attention of the assessors is called to the common practice of making the valuation in odd amounts. As, for instance, John Doe has 57 acres of land at $87 per acre, which would make the assessment $4,959. As these uneven amounts are hard to handle for the town officers, school trus- tees, and all persons having taxes to extend on the property, it is suggested | the assessors in the towns follow the practice of the large majority of the assessors, and where a multiplication brings amounts of this character, either reduce or add to them to bring 50 or 100. In the above amount of $4,959, it would be called $4,950; if the amount was $4,996, it would be called $5,000. In other words, if the result is 49 or less, call it even hundred; if more than 49 and less than 76, it should be called 50; if 76 and less than 99, call it a hundred in the next hundred, ete. Exempt Property — All exempt property, as schools, churches, city, state and property purchased with pension money, must be placed in the assessment roll in the same manner as other property, and in the same order that it is found along a street or road; if the property is entirely exempt, the word “free” should be written in the column under “assessed value of real estate; ” if the property is exempt on account of pension, or any portion of it, the total amount of valuation should be placed on the left hand page and amount of exemption deducted, and the balance, if any, placed under proper heading. Property purchased with pension money is liable for local school taxes and maintenance of streets and highways. Make the entry as follows,. on the left hand page: ; 827 ASSESSMENTS, ETC. [Cu. xxv. § 1292 Tax Roll and Collector’s Warrant. Valuation ............$5,000 Assessed Valuation of Real Estate Exempt ........... 3,000 $2,000. If the assessors fail to comply with the above instructions, the supervisor is hereby authorized to return the rolls to the assessors for correction. § 1292. Tax-roll and collector’s warrant.—On or before De- cember fifteenth, in each year, the board of supervisors shall an- nex to the tax-roll a warrant under the seal of the county, signed by the chairman and clerk of the board, commanding the collector of each tax district, to whom the same is directed, to collect from the several persons named in said roll the several sums mentioned in the last column thereof opposite their respective names, except taxes upon the shares of stock of banks and banking associations, on or before the first day of the following February, and further commanding him to pay over on or before that date, all moneys so collected, appearing on said roll, to the treasurer of the county, if he be a collector of a city or a division thereof, or if he be a collector of a town: 1. To the commissioners of highways of the town, such sum as shall have been raised for the support of highways and bridges therein. 2. To the overseers of the poor of the town, such sum as shall have been levied, to be expended by such overseers for the sup- port of the poor therein. 3. To the supervisor of the town, all of the monevs levied therein, to defray any other town expenses or charges. 4. To the treasurer of the county, the residue of the money so to ke collected. If the law shall direct the taxes levied for any local or special purpose in a city or town, to be paid to any person or officer other than those named in this section, the warrant shall be varied so as to conform to such direction. The warrant shall authorize the collector to levy such taxes by distress and sale, in case of non- payment. The corrected assessment-roll, or a fair copy thereof, shall be delivered by the board of supervisors to the collector of the tax district on or before December fifteenth, in each year. Tax Law, § 56, as am’d by Laws 1901, chap. 550, § 3. It seems that officers imposing tax may ascertain amount required to be paid to county treasurer and held by him as a sinking fund for redemption of railroad aid bonds and specify same in the warrant; if they do not do so the collector may deduct for school and road taxes and pay balance to county treasurer. Matter of Clark v. Sheldon, 106 N. Y. 104; People v. Brown, 55 N. Y. 180. 828 CH. XXVIII. ] ASSESSMENTS, ETC. Validation of Certain Warrants. § 1293 If ‘towns are so bonded the moneys collected for such purposes must be so used, and the authorities have no right to divert or appropriate such taxes for any other purpose. Bridges v. Supr., 92 N. Y. 570. Moneys for the poor and highway purposes should be paid over to the proper ofticer, not to the supervisor. The warrant should so direct. People v. Penneck, 60 N. Y. 421. Although a warrant may have been issued erroneously or irregularly, if on its face it gives authority to the officer to collect the tax, replevin cannot be sustained for property taken by virtue of the warrant. Troy & L. R. R. v. Kane, 72 N. Y. 614; L. 8S. & M. 8. R. R. Co. v. Roach, 80 N. Y. 339. A delay in delivery of warrant to collector until after December 15th does not invalidate the warrant, neither is it invalidated because no affidavit is at- tached to the copy of the roll delivered to him. The collector is protected and has a right to assume that a proper affidavit was attached to the original roll. Bradley v. Ward, 58 N. Y. 401. An omission of the dollar mark in the statement in a tax roll and warrant of the amount of a tax does not invalidate the assessment tax roll or warrant, such mark should however appear. American Tool Co. v. Smith, 96 N. Y. 670; Ensign et al. v. Barse et al., 107 N. Y. 329, 338. The official designation of the one so signing the warrant should be added. Sheldon v. Van Buskirk, 2 N. Y. 473. § 1293. Validation of certain warrants—The acts of the boards of supervisors of the several counties of this State, in an- nual session for the year eighteen hundred and ninety-six, in is suing warrants for the collection of taxes, to the collectors of the several towns or tax districts thereof, so far as such acts may be affected, questioned or impaired by reason of such warrants hav- ing been issued to such collectors under the hands and seals of the individual members of said boards of supervisors respectively, or a majority thereof, are hereby legalized ratified and confirmed, and made as effectual and valid as if such warrants had been is- sued under the seal of the county and signed by the chairman and clerk of said several boards of supervisors, as required by the “tax law” of this State. Laws 1897, Chap. 4. § 1294. Collector’s warrant. STATE OF NEW YORK, i ‘ae: County or MONROE, EG icin (So ab eazue-taaytoialacna. sSvoie Soxds 5 “alelavescoa waned a ° Collector of the town of......... in said County: YOU ARE HEREBY COMMANDED to collect from the several persons named in the ASSESSMENT ROLL hereunto annexed, the several sums men- 829 “ASSESSMENTS, ETC. { Cr, xxvii, _§ 1204 Same. tioned in the last column in each page thereof, opposite to their respective names; and you are hereby authorized, in case any of them shall refuse or neglect to pay such sum or sums to levy the same by distress and sale of his or her goods and chattels. And you are hereby directed and required out of the moneys so to be col- lected to pay: To the Commissioner of Highways of the said Town, the sum of Gee ass iwadone vewahccice GON AES-HUNl dns eqan eanngy caves aaa lien ode To the Overseer of the Poor of the said Town, the sum of................ saps duslalond acl waetnieat gesagt AURA DONE aes ac kc ede oi anch aus mania ADI To the Supervisor of the said Town, the sum of.................. icudatoce geet amwerwns MOMS WMO ou veunmaerescenenemes sexeqnmes AUN. To the Treasurer of the said, County, ..024 .o.009sex-rusurengaenase res ra Ais bRa mus Cues ae dollars: and. 2. ¢sih24 25 ses egeeasepesabees stay CAs, the residue of the said moneys so to be collected (exclusive of Dog Taxes). AND YOU ARE FURTHER COMMANDED to collect (in the same manner as the said other taxes ve directed to be collected) from the several persons named in the said rojl as owning or harboring any dog or bitch, the sum set opposite their respective names, and to pay the same to the Supervisor of the said Town, first retaining therefrom a commission of ten per cent. upon all sums so collected by you, for Dog Taxes, for your fees. And you are required to make all the payments hereinbefore specified on or before the first duy of February next ensuing the date thereof. And for +0. doing this shall be your warrant. Witness the hands and seals of the Boarp of SUPERVISORS OF THE COUNTY oF Monrog, or a majority of them, at the City of Rochester, this .......... day of December, in the year of our Lord, one thousand eight hundred and NUMNEtY + oe cawaseswayewns a Meanie ea gran Sc se: aA BR Ria a ees L. 8S. Pee a Ae RE Mee ele Sasa ara De whe a) Bi diveOavaieh 4S cod Buennbansd weaver a Sis Glee SS L. 8S. SG WG, BER a ae a PR aera le: Be iabighygpisi ai -atab shierinod aa pittnawecetsmua raneitelse\ S.cb Jatis BS, cxtator dows iiien fia wen eriaviavemmbe dae Se BE MARRS Foe eee eow Sina garRTRNS & A SEAM eee L. S. Oe are whe eGRGE aN an oe oan ermatetene CBs: 1s SSE FE ce ae Bee ee Sa pera Se L. S. Ba ei she Ga: MA ea Grane es ane enn eacane, Ma Se Sandceenity SRE aS Pe eee oem ete & sexe L. 8. aap arhiahh aop Raided Mies arene o aus weal aiste Ths: Ss 3, fey si uae eaborgae sa Piaia BIOS SS AOTH BSE L. S. te gue hse Mae Oe RE Das saaeieia Th Ay ee ee ee ee eee ae ae ees L. S. A Dey See eas Bee See BR ie es lesetepeienans” Dee OF aaah Biapecanarahie ¥ takseadue Gee cariae cane ane L. S. Senet Spe RS) Bie Ge nscetvar'el Sanierndiessdeeneyay Meio ey 36 eabetie Grater eben sea: RENE) eid Gnshtg a Rue L. S. Fa eCaiid Buea eaplaegs oy maaan eve Gynatacenenin Daa Be ee Oe aed ee ee ee oe ae L. Ss. of € Rit na a a ena a siesta de Bie Be eke aes GUAM Ae eee Boe wel ede ents L. S. Je Dad Ba sea wy eee Ew emEaeAEls ULE Th: Ha anewd oi hte fSae Re Ss Lee Saw L. 8. MS PHEtes eam ne eee ee eee Ba Be s isbesh ps Se e2iSs Srl dh Sw sb warns by ioe ig MS aSigs eS VES OTS De Ss oe Res newb * tweets wicca ly By cas cbs (a Waal toc (oh ee cee a. DG a ate sede i av gn L. S. BeBe Soa feels o aromiengiee a eee redeem gy Hb 2 jaatatyerss aOR Bethe Sana hae pa fea S ak ee L. Ss. ae Bed ae eiiee 8 a Gri Lam deratonaaue Te ie na acuta ah Her and prea ane Reb Sener ane: L. 8. Sew ae ai aha BUA Serene tipadaas Ai Shs SUNG 29 SR Be = shes oe Bees settee L. Ss. Dea eh eG eels ake Von me eet SORES OPES BESTS se L. S. MRL bee see bees Pee eee gee Ube Ae wee seca deities 8 Apes Se Be See ee L. 8. 830 CH. xxvitt.] ASSESSMENTS, ETC. Collector’s Warrant, Dog Law. § 1294 del. Highway Tax,|$ Scraper Tax, 8 of the Poor, ’ Dog Taz, County Treasurer, Total, Sections 29 anp 30, oF CHAPTER 180, or Laws oF 1845. (As amended by Chap. 96, 1876.) § 29. Whenever any Town Collector shall have received any warrant for the collection of taxes, he shall immediately thereafter cause notices of the reception thereof to be posted up in five public places in the ward or town, and so located as will be most likely to give notice to the inhabitants thereof, and shall designate in such notices, one or more convenient places in such town, where he will attend from nine o’clock, forenoon, till four o’clock, after- noon, at least three days in each week, for thirty days, which days shall also be specified in such notice, for the purpose of receiving payment of taxes; and it shall be the duty of such Collector to attend accordingly, and any person may pay his taxes to such Collector at the time and place so designated, or at any other time or place, on paying one per cent. fees thereon within thirty days from the first posting of said notices; and no collector shall receive over one per cent. fees for receiving or collecting any taxes within said thirty days. But every such Collector shall be entitled to receive one cent fees on every amount of tax under one dollar paid in or collected within’ said thirty days, except in cases where it is now otherwise provided by law. § 30. It shall be the duty of the Collector, after the expiration of the said thirty days, to proceed and collect the unpaid taxes in the same manner, and shall pay over or account to’ the County Treasurer, and shall be entitled to charge, collect and receive the same fees as now provided by law; which said tees shall be collected with such unpaid taxes from the several and respective persons named in said tax list. Additional Fees of Collectors. — Town Collectors shall be entitled to collect. five per cent. fees for all unpaid taxes under the thirtieth section of the act hereby amended, and whenever such Collector shall make return to the County Treasurer for any unpaid taxes, he shall add to the several sums so returned by him, five per cent., which shall go to the credit of the county, and be col- lected with said unpaid taxes; and such Collector shall be entitled to receive from the County Treasury, and be paid by the Treasurer, two per cent. as fees for all taxes so returned by him. L. 1847, ch. 455, sec. 16, as amended L. 1875, ch. 474, see. 1. DOGS. Laws of 1892, § 113, ch. 686, * * * * * and if any person duly assessed, shall refuse or neglect to pay the tax so assessed, within five days ‘ 831 ASSESSMENTS, ETC. (Cu. xxvut. § 1295 Town Collector’s Undertaking. after demand thereof, it shall be lawful for any person, and it shall be THE DUTY of the Collector to kill the dog so taxed. Laws of 1892, § 115, ch. 686. Each Collector shall be allowed to retain a commission of ten dollars on every hundred dollars collected, and at that rate upon all sums collected by him pursuant to this article, and upon filing his affidavit of the fact with the Supervisor, be entitled to retain, as a further compensation from the moneys collected by him, the sum of one dollar for every dog or bitch killed by him under the provisions of this article. § 1295. Town collector’s undertaking.— Know all Men by these Presents, That I, .............. collector of the HOW OF 2544 a8 ees eee ve , in the county of Monroe, State of New York, as PUMP Al 5 SAN 05s eter aiait these cue hance e me peuess 24.) WR Ua domi ce Kambone it 4A eee case of the said town, county and state, as sureties, are held and firmly bound unto ENE: HOWM OF ic sce de a nee eee emas . in said County of Monroe, in the sum of ee dollars, [1] for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Signed, sealed and delivered this ...... day of do hereby certify that the fcllowing list of names, with the amount set opposite each re- spective name, is a correct list of the taxable inhabitants of said district, who are assessed for the purpose of paying for road machines, under chap. ‘987, Laws of 1896. 925 HIGHWAYS, ROADS AND BRIDGES. [Cu. xxix. §§ 1434, 1435 Certain Towns May Purchase Stone, Borrow Money for Same. (To be delivered to Supervisor ten days before the annual meeting of thie Board of Supervisors.) % rs.| ASSESSED] AMOUNT TOBE NAME. TRACT. | ACRES. | TCE LEVIED. § 1434, Certain towns may purchase stone, etc., for highways.— The commissioners of highways and the town board of any town of one thousand or less inhabitants adjoining a city having not less than thirty-five thousand inhabitants, which shall have been an- thorized by a majority vote of electors in said town by ballot at the last annual election in said town to expend a sum not excecd- ing twenty thousand dollars, in addition to the sum authorized to be expended by section seven, article one, chapter nineteen of the general laws, known as the highway law, for the purpose of pur- chasing stone, ana quarrying, breaking, crushing and spreading the same upon the highways in said town, and defraying the ex- penses incidental thereto, are hereby authorized, jointly, to pro- ceed with the said work so authorized by said vote. Laws 1895, chap. 499, § 1. § 1485. Borrowing money for same.—And the town board of any such town is hereby authorized to pledge the faith and credit of said town to the extent and amount of such bond or bonds, and the sum to bear interest at a rate not to exceed five per cent. per annum, to be for such amounts and upon such terms and condi- tions as may be determined by the said board. Said bonds, when issued, shall be binding on the town, and shall contain a recital that they are issued under the provisions of this act, and said recital shall be conclusive evidence in any court of the validity thereof, and of the regularity of their issue. But the said bonds shall be payable within twenty years from the date of their is<1- ance. Each bond shall be signed by the supervisor of the sail town and countersigned by the town clerk, and delivered to the supervisor of the said town, who shall advertise the same for sale at public auction to the highest bidder, after one publication at least in one of the newspapers published in the county seat of the county in which such town is situated, at least two weeks heture the date of the sale. No such bond shall be sold for less than the par value thereof. All such bonds shall le numbered consten- 926 CH. XxIx.] HIGHWAYS, ROADS AND BRIDGES. Work to Be Done by Contract. § 1486 tively, and a record thereof kept of each by the town clerk and supervisor, showing the date, amount and date of maturity of each. All moneys to be derived from the sale of bonds shall be kept in a separate fund by the supervisor, and all orders for the payment of such moneys shall be drawn only by the authority of the town board, signed by the supervisor of the town, and counter- signed by the town clerk. Before the supervisor shall advertise -any such bond, he shall execute to such town, and file with the town clerk a special bond, with sufficient sureties, to be approved as to its form and sufficiency, by a majority of the town board, exclusive of the said supervisor, conditioned for the- faithful -exe- cution of his duties in reference to the sale of said bonds, and applications of the proceeds under the direction of the said town board. At any time, when in the opinion of a majority of the members of such town board the moneys intrusted to such person as supervisor shall be deemed unsafe, or the surety insufficient, they may require a new and further bond, with like conditions as the first, and in such penalty and with such sureties as they may deem requisite and proper. Should default be made in the giv- ing and filing of the bond as herein provided for, within the time limited herein, or if the supervisor neglect to renew his bond as last hereinbefore provided for, the town clerk, at the request of the said board, shall cause a written notice to be served upon the person so in defeat, requiring him to furnish such bond, or such renewal, as the ease may be, within ten days from the dey of service of an notice. Laws 1895, chap. 499, § 2. § 1436. Work to be done by contract—The work done on the roads and highways under and by virtue of the provisions of this act shall be awarded to the lowest responsible bidder, who shall furnish security satisfactory to the majority of the town board and highway commissioners of the town. The said highway com- missioners and town board of such town are authorized and di- rected to advertise for any and all work done under the provisions of this act at least once a week for two weeks in a paper published in the county seat of the county in which such town is situated. Said advertisement for such work to be done shall contain a suffi- cient specification of the character and extent of the work to be done, and the places designated by a special town meeting in said town where the work is to be done. Laws of New York 1895, chap. 499. 927 HIGHWAYS, ROADS AND BRIDGES. [Cu. xxix. §§ 1437, 1438 Discontinuance of Highway, Additional Tax. § 1437. Discontinuance of highways.—Whenever the commis sioners of highways of any town, in which during the past ten years there has been expended the sum of three hundred thousand dollars, or more, for the purpose of macadamizing the highways of such town, shall by a majority of vote of such commissioners, determine that any portion of any highway or street, not within the limits of an incorporated village, which is the terminus of such street or highway, is unnecessary for highway purposes, the said commissioners may, by an order to be duly entered upon their minutes, order such highway to be discontinued and aban- doned for public purposes. Provided, however, that no portion of such highway leading to tidewater, to be discontinued shall be greater than ten huidred feet of the terminus thereof, and that the owners of the land on both sides of such highway or street, for the distance it is proposed to discontinue the same shall, by written petition to such highway commissioners, have re- quested the discontinuance thereof. Laws 1895, chap. 611, as am’d by Laws 1902, chap. 331; Laws 1903, chap. 643. § 1438. Additional tax.—Whenever the commissioners of high- highways and town board shall determine that the sum of one thousand dollars will be insufficient to pay the expenses actually necessary for the improvement of highways and bridges, the re- moval of obstructions caused by snow and the prevention of such obstructions, and the purchase of road machines, tools and imple- ments, they may cause a vote to be taken by ballot at any town meeting, authorizing such additional sum to be raised as they may deem necessary for such purpose, not exceeding one-third of one per centum upon the taxable property of the town as shown by the last assessment-roll thereof. Highway Law, § 9, am’d by Laws 1906, chap. 423. The commissioner is required to give notice of his application for such additional moneys. Town Law, §§ 34, 35 and 33. The moneys so raised are to be expended by the commissioner upon such highways as he deems best. The town meeting cannot designate the highways upon which the moneys shall be spent. People v. George, 38 St. Rep. 345. ¥or a history of the statutes authorizing an additional tax for highway purposes, see Birge v. R. I. B. Co., 133 N. Y. 477; see also Hill v. Supvrs. of Living- ston, 12 N. Y. 52; Peo. ex rel. Everett v. Supvrs., 93 N. Y. 397; Ivory vy. T. of Deerpark, 116 N. Y. 476. 928 CH. Xx1x.] HIGHWAYS, ROADS AND BRIDGES. Additional Sums Authorized, Fencing Highways, Collecting, §§ 1439-1442 Expense, etc. The commissioners may cause the vote to be taken and it must be by ballot. Edwards v. Ford, 22 4. D. 277; Birge v. B. I. B. Co., 133 N. Y. 477. § 1489. Additional sums authorized by the board of supervisors. --The board of supervisors shall: * * * * , Borrow money when they deem it necessary for the erection of county building and for purchase of sites therefor on the credit of the county and for the funding of any debt of the county not represented by bonds and issue county obligations therefor and for other lawful county uses and purposes, and authorized a town in their county to borrow money for town uses and purposes on its credit and issue its obligations therefor when in the manner authorized by law. County Law, § 12, subd. 6. § 1440. Additional moneys for fencing highways.—It shall be lawful for the commissioner of highways of any town in this State to apply in open town meeting for a vote authorizing such sum, not to exceed three hundred dollars in any one year, to be raised, in addition to the sums now allowed by law, as they may deem necessary for the purpose specified in the third section of this act. The same notice shall be given by the commissioners of their in- tention to apply for the raising of such additional sum as is now required by law for the raising of money for roads and bridges, above the amount of two hundred and fifty dollars. Laws of 1890, chap. 291, § 1. § 1441. Proceedings for collecting, ete.—If the town meeting shall, by their votes, determine that a sum shall be raised for the purpose specified in this act, the proceedings for certifying and levying, collecting and paying the same shall be in all respects the Same as now provided by law for the raising and paying over of money for roads and bridges, above the amount of two hundred and fifty dollars. Laws of 1890, chap. 291, § 2. § 1442. Expenditures—Proviso.—The commissioners of high- ways shall expend the money raised under the provisions of this act in the purchase of fence wire, in the same manner as other supplies for highway purposes are by law required to be pur- chased, and no part of such money shall be expended, except for the purchase of fence wire as aforesaid; and the said commission- 59 929° HIGHWAYS, ROADS AND BRIDGES. [Cu. xxix. §§ 1443-1445 Construction of Wire Fences, Repairs, Extraordinary Repairs, ete. ers are hereby authorized to contract with the owners of the lands lying along the highways of their respective towns, at such points as are liable to snow blockade, for the removal of the fences now standing along the boundaries of such highways, and the replacing of such fences with wire fences. And they may contract to de- liver to said landowners, fence wire to be used in the construction of such fences, without charge to said landowners, at the place of purchase, but they shall not agree to pay any part of the cost of the removal or construction called for by said contracts, or to make any payment to said landowners as a compensation for the con- struction of fences. Laws 1890, chap. 291, § 3. § 1443. Construction of wire fences; repairs.—The fences to be built under the provisions of this act, shall be of four strands of wire with a substantial bar of wood at the top; and the construc- tion of said fences, and the size of said top bars and of the posts and supports of said fences, and their distance apart shall be such as said commissioners shall prescribe. Whenever such fence or fences shall become so out of repair as to be dangerous to animals passing along the highways, it shall be the duty of the owner or owners of said fence or fences to immediately repair or remove the same. Laws 1890, chap. 291, § 4. § 1444. Description of highway covered by contract.—Whenever the commissioner of highways of any town shall contract for the removal of any fence, under the provisions of this act, they shall file in the office of the town clerk of said town, a description of that portion of the highway to which said contract shall apply, and thereafter, it shall not be lawful for any person to replace the fence so contracted to be removed, with any fence liable to cause the drifting of snow. Laws 1890, chap. 291, § 5. § 1445. Extraordinary repairs of highways or bridges.—If any highway or bridge shall at any time be damaged or destroyed by the elements or otherwise or become unsafe, the commissioner of highways of the town in which such highway or bridge may be may cause the same to be immediately repaired or rebuilt if con- sented to by the town board, but if the expense thereof exceed five hundred dollars, it shall be done under a written contract therefor 930 . CH. xxrx.] HIGHWAYS, ROADS AND BRIDGES. Auditing Expense Therefor, ete. § 1446 which must be approved by the town board and the commissioners of highways shall present the proper vouchers for the expense thereof to the town board, at their next annual meeting, and the same shall be audited by them and collected in the same manner as amounts voted at town meetings and if the expense thereof shall exceed $1500.00 it shall be done only after such expense shall have been duly authorized at town meeting. Highway Laws, § 10, as am’d by L. 1899, chap. 84 L. 1905, chap. 417. For construction by county of destroyed bridge see County Law, § 64. For county aid to towns for the construction and repair of bridges, see County Law, § 63. CONSENT oF Town Boarp. (Highway Law, § 10.) COUNEY. (OF ccc vostte ws nate pextee? yet PLOWING OFF sacle parhye tie cc eich we iaiigusha At a special meeting of the town board of the town of ............ called by the supervisor (or town clerk) thereof, held on this ........ day of anerivin ia nantes , 19 .., the following preamble and resolution was adopted : Whereas, the highway (or bridge) known as (here describe it) was de- stroyed by (describe how) on ............. 19.. (or has become damaged), and there not being sufficient moneys in the hands of the commissioners of highways to rebuild (or repair) the same; therefore, be it Resolved, That we do hereby consent that the commissioners of highways of the town of ............ cause said highway (or bridge) to be immedi- ately rebuilt (or repaired) according to law. SS. 6 (Town board sign here.) Town CERK’S CERTIFICATE TO TRANSCRIPT. TOWN OF 22. ccc ee renee ) Orrice or Town CLERK, § I do hereby certify that I have compared the above transcript of the pro- ceedings of the town board of said town, at a special meeting held on the wteanigen donee a day of ............, 19.., with the original record thereof in my office, and that the same is a correct transcript therefrom, and of the whole of such original. Dated this .......... day Of wees ease een , 19.. S8.f 0. P., Toun Clerk. § 1446. Auditing expense thereof—The town board may be convened in special sessions by the supervisor, or in his absence, by the town clerk upon the written request of any commissioners of highways, and the bills and expenses incurred in the erection or repairs of any such highways or bridges, may then be presented to, and audited by the town board; and the supervisor and town clerk shall issue a certificate, to be subscribed by them, setting forth the amount so audited and allowed, and in whose favor, and the nature of the work done and material furnished, and such cer- 931 HIGHWAYS, ROADS AND BRIDGES. [Cu. xx1x. § 1447 Damage for Change of Grade. tificate shall bear interest from its date, and the amount thereof, with interest, shall be levied and collected in the same manner as other town expenses. Highway Law, § 11; see § 174 ante. REQUEST FoR SPECIAL SEssIon oF Town Boarp To AUDIT EXPENSES. (Highway Law, § 11.) To the Supervisor (or Town Clerk) of the town of COUNTY Of ices aga ce iene s : The undersigned, commissioners of highways of the town of .............. do hereby request that the town board be convened in special session, for the purpose of auditing the bills and expenses incurred in the erection (or repair) of the highway (or bridge) under consent given by said board on the Gay Of eis ae viaceaiaies , 190.. Commissioners of Highways. CERTIFICATE OF SUPERVISOR AND TOWN CLERK. (Highway Law, § 11.) COUNTY OF............ eeu TOWN OF.........-.-.. The undersigned, supervisor and town clerk of the town of .............. 7 do hereby certify that at a special session of the town board this day held, for the purpose of auditing and allowing the bills and expenses incurred by the commissioners of highways of said town, under the consent given by said town board, the ...... day? OF scan ees aee , 190.., the following bills and accounts were audited and allowed, with interest: Nature of work done and Amount Date. IN WHOSE FAVOR. material furnished. allowed. Dated this ...... day Of s.ccsacavss wae » 190.. Town Clerk. § 1447, Damages for change of grade—In any town in which a highway hereafter shall be repaired, graded and macadamized from curb to curb by the authorities of the town in accordance with the provisions of section sixty-nine of chapter six hundred and eighty-six of the laws of eighteen hundred and ninety-two, the owner or owners of the land adjacent to the said highway shall be entitled to recover from the town the damages resulting from any change of grade. A person claiming damages from such change 932 CH. XxIx.] HIGHWAYS, ROADS AND BRIDGES. Damage for Change of Grade (Continued.) § 1447 of grade, effected since May fifteenth, nineteen hundred and three, and prior to the passage of this act, must present to the town board of such town a verified claim therefor within ninety days after this act takes effect. A person claiming damages from such change of grade hereafter effected must present to the town board of such town a verified claim therefor within sixty days after such change of grade is effected. The board may agree with such owner upon the amount of damages to be allowed him. If no agreement be made within thirty days after the presentation of the claim, the person presenting it may apply to the supreme court for the appointment of three commissioners to determine the compensation to which he is entitled. Notice of the application must be served upon the supervisor cf the town at least ten days before the hearing thereof. All proceedings subsequent to the appointment of commissioners shall be taken in accordance with the provisions of the condemnation law so far as applicable. Such town board, or such commissioners, shall, indetermining the compensation, consider the fair value of the work done, or neces- sary to be done, in order to place the claimants’ lands, or build- ings, or both, in the same relation to the changed grade as they stood to the former grade, and make awards accordingly, except that said board or said commissioners may make an allowange for benefits derived by the claimant from such improvement. The amount agreed upon for such damages, or the award therefor to- gether with the costs, if any, allowed to the claimant, shall be a charge against such town and the supervisor shall pay the same, if there be sufficient funds in his hands available, and if not, the town board shall borrow money for the payment thereof, or issue certificates of indebtedness therefor. The town board may issue the bonds of the town to raise the money necessary to make such payment, and such bonds or such certificates of indebt- edness shall bear a rate of interest not exceeding five per centum per annum, payable semi-annually. Such bonds shall be in such form, and of such denomination, and shall run for such period not exceeding twenty years as the town board may determine, and shall recite that they are issued pursuant to the authority of this act, which recital shall be conclusive evidence of their validity and the regularity of their issuance. Said bonds shall not be sold for less than par, and shall be signed by the supervisor of the town, and the seal of the town shall be affixed and attested by the town clerk. Said bonds shall be sold by the supervisor of the 933 HIGHWAYS, ROADS AND BRIDGES. [Cu. xxix. §§ 1448, 1449 Accounts, How Made Out, Defective Highway. town at public sale. The amount necessary to pay the principal of said bonds or certificates of indebtedness and the interest thereon, shall be levied and collected at the same time and in the same manner as money for other town charges. This act shall not affect any pending proceeding or action, except that the money necessary to pay any damages claimed in any such pending action or proceeding when agreed upon by the claimant and the town board or determined by the court, together with the costs, if any, allowed the claimant, may be raised in the manner hereinbefore set forth. Highway Law, § lla, as am’d by L. 1906, chap. 530, § 1448. Accounts, how made out—No account for services rendered, or material furnished according to the provisions of this chapter, shall be allowed by such board unless the same shall be verified in the same manner as town accounts are required by law to be verified, nor unless the commissioners of highways shall cer- tify that the service has been actually performed, and the material was actually furnished, and that the same was so performed or furnished by the request of such commissioners; and the town board may require and take such other proof as they may deem proper, to establish any claim for such labor and material, and the value thereof. As to forms of verification of town accounts, see Town Law, § 167; Highway Law, § 12. § 1449. Defective highways——Every town shall be liable for all damages to person or property, sustained by reason of any de- fect in its highways or bridges, existing because of the neglect of anv commissioner of highways of such town. No action shall be maintained against any town to recover such damages, unless a verfied statement of the cause of action shall have been presented to the supervisor of the town, within six months after the cause of action accrued; and no such action shall be commenced until fifteen days after the service-of such statement. Highway Law, § 16. If a verified statement under § 16 of the Highway Laws is mailed to the supervisor and he received it and considered with the town board the service was considered sufficient. The court will construe the statute liberally to meet the ends of justice. Soper v. Town of Greenwich, 48 A. D. 354. When a bridge had no guard rail on it and plaintiff drove off it in night time it raises a question of fact for the jury to say whether the town was 934 ‘CH. XxIx.] HIGHWAYS, ROADS AND BRIDGES. Defective Highways. § 1449 negligent and the suggestion that the highway commission had not money enough to erect barriers is unavailing. Pelky v. Town of Saranac, 67 A. D. 337. It is not negligence on the part of a town to fail to provide against the possibility of accidents in the highways, but its duty is discharged by the exercise of reasonable care. Hulse v. Town of Goshen, 71 A. D. 436. It is the duty of the commission when excavations are made to put up barriers and guard against such dangers as could or ought to have been anticipated or foreseen in the exercise of reasonable prudence or care. Snowden v. Town of Somerset, 171 N. Y. 99. The limit of duty on the part of a town with regard to the condition of its highways falls far short of making them absolutely safe under all cir- ‘cumstances even for those using them in a proper manner. Lane v. Town of Hancock, 142 N. Y. 510; Dorn v. Oyster Bay, 84 Hun, 510; Beltz v. Yonkers, 148 N. Y. 67, 71 & Cases. Commissioners of highways are required to use ordinary care to see that the bridges in their respective towns are reasonably safe for the public use. This implies that some reasonable attention should be given within due time to each bridge of ‘sufficient ‘size to be dangerous to travel if in a defective condition. Clapp v. Town of Ellington, 87 Hun, 542, affirmed 154 N. Y. 781. When the commissioner in repairing the highway leaves it unguarded or in a condition which a prudent man might or ought to anticipate an acci- dent might occur on account of its condition, it is a question for the jury to say whether he was negligent, and if they find it was negligent, the courts will not disturb it if there is sufficient evidence to support it. Snowden v. Town of Somerset, 171 N. Y. 99; Walsh v. C., N. Y. T. Co., 75 App. Div. 1; Donolley v. Rochester, 166 N. Y. 315; Demming v. T. R. of B., 169 N. Y. 1. Active vigilance is required of the commissioner to see that the streets and highways are maintained in a fairly safe condition. ‘“ Active vigilance” the courts'say is a relative term. Glasier v. Hebron, 131 N. Y. 447; Fay v. Lindley, 33 St. Rep. 70. “Tt is the duty of the highway commissioner tc guard against such danger as could or ought to have been anticipated or foreseen in the exercise of reasonable prudence and care. Snowden v. Town of Somerset, 171 N. Y. 105; Beltz v. Yonkers, 148 N. Y. 67. The duty of a municipal corporation to manage and maintain its public works, such as sewers, water pipes, streets and bridges in such a condition of repair that they shall not cause damage to another does not in the absence of a statute to that effect raise an absolute liability on the part of the cor- poration for every injury caused by a defect in such public works. The extent of the duty of the corporation is to use ordinary care in the performance of its duties. ‘It is not therefore a general warrantor of the safe condition of its streets; negligence on the part of its officers must be affirmatively shown; the mere existence of an obstruction or other defect in the street causing injury is not enough. It must not only appear that the defect could have been prevented or cured by the use of ordinary care, but the corpora- tion must in some way be connected with the defect. As for example, by having dirctly caused it or having assented to its creation by another 935 TIIGHWAYS, ROADS AND BRIDGES. [Cx xxix. § 1449 Defective Highways. or having with actual or constructive notice of its existence permitted it to remain. 1 Shearman & Redfield on Neg., § 290. It is difficult to define what “ordinary care” means, for an expert would use more care than an unexperienced man, but the general rule is that a man (or commissioner) should use such care and precaution as reasonably prudent men use in the ordinary care and management of their own affairs, The degree of care should be commmensurate with the care that is re- quired owing to the conditions and surrounding circumstances of the case. For instance, a thronged thoroughfare in a densely populated city would require more care and uilegence than an unfrequented country road, ete. Glasier vy. Hebron, 131 N. Y. 447. Towns have been held liable in the following cases: Omission to put up barriers or lights and leaving the road-bed in a defective condition. Bryant v. Town of Randolph, 133 N. Y. 70; Ivory v. Deer Park, 116 N. Y. 476. Where overhanging branches injure a person passing along the highway. Embler vy. Town of Wallkill, 57 Hun, 384. No greater care is required for bicycles than any other vehicle. Sutphen v. Town of Hempstead, 80 Hun, 409. . No corporate duty is imposed upon towns: in respect to highways and the burden assumed is voluntary and must always precede any authorized action on the part of the commissioners save in exceptional cases provided for in laws of 1858 and 1859. People ex rel. Everett v. Supervisors, 93 N. Y. 397; Barker v. Loomis, 6 Hill, 463; People ex rel Loomis v. Town Auditors, 75 N. Y. 318; Clapper v. Waterford, 131 N. Y. 382. Towns are liable for injuries occasioned by defects or obstructions in the: highway. Dorn v. Oyster Bay, 84 Hun, 510; Robinson v. Town of Fowler, 80 Hun, 101; Whitney v. Town of T., 127 N. Y. 40. A pile of ashes in a street has been held defective highway. Eggleston v. C. T. Road, 18 Hun, 146. Where a wooden awning is over the sidewalk and injures a person, held defective highway. Hume v. Mayor, 74 N. Y. 264. The defect of obstruction must be shown to exist by reason of the negli- gence of the commissioners. Dorn vy. Oyster Bay, 84 Hun, 510. DIFFERENCE BETWEEN LIABILITY BETWEEN VILLAGES, CITIES AND TOWNS. A manifest difference exists between the liability of villages, towns and cities which arises out of charter provisions, and the obvious requirements of the situation. Monk v. Town of N. U., 104 N. Y. 552; Hyatt v. Roundout, 44 Barb. 385; Dorn v. Oyster Bay, 84 Hun, 510. The degree of care required of a commissioner as to a village road may be substantially different from that required as to a country cross road, Waller v. Hebron, 5 App. Div. 577; Glasier v. Hebron, 131 N. Y. 447, 452; Wood v. Gilboa, 76 Hun, 175. 936 CH. xxIx.] HIGHWAYS, ROADS AND BRIDGES. Action by Town Against Commissioners, § 1450 Note. Certain city charters provide that a person cannot recover for injuries caused by the negligent condition of a highway unless it is shown that the persons or officers having the street in charge had actual notice of the defect. McNally v. City of Cohoes, 127 N. Y. 350; Smith v. City of Rochester, 79 Hun, 174; Sprague v. City of Rochester, 159 N. Y. 20. The commissioners may exercise their judgment and discretion as to the application of the funds in their hands and that discretion must be reason- ably exercised. Ivory v. Deer Park, 116 N. Y. 476. They may apply the funds in making the repairs where it is most urgently needed and they are not responsible for an error in judgment in doing so. Monk v. Town of N. U., 104 N. Y. 552; Garlinghouse v. Jacobs, 29 N. Y. 297; Hover v. Barkhoff, 44 N. Y. 113. ~ Where the situation is such that it is dangerous to travel upon a highway the duty of the commissioners is to use the means available for the purpose of guarding travelers against danger. Ivory v. Deer Park, 116 N. Y. 476. It is a proper defense for the commissioner to show that he was without. the necessary funds to make the repairs and without the power to raise such funds. : Clapper v. Waterford, 131 N. Y. 382; Barker v. Loomis, 6 Hill, 463; People v. Supervisors, 93 N. Y. 397; Heinz v. Lockport, 50 N. Y. 236; Monk v. Town of N. U., 140 N. Y. 552. The duty to make repairs does not attach until funds are provided for the purpose by the public. Garlinghouse v. Jacobs, 29 N. Y. 297. It is not sufficient to show that the commissioner had no funds in his possession but he must show that he has sought through the proper chan- neis to procure the same. Whitlock v. Brighton, 2 A. D. 21, affirmed 154 N. Y. 781. He must show his inability by the exercise of reasonable diligence to obtain the funds to make the repairs. McMahon v. Town of Salem, 25 A. D. 1; Clapper v. Waterford, 131 N. Y. 389; Whitlock v. Brighton, 2 A. D. 23; Young v. McComb, 11 A. D. 480. Where an individual sustains injury by misfeasance or nonfeasance of the public officer who acts contrary to or omits to act in accordance with his duty an action lies against such officer by the party injured. Beardslee v. Dolge, 143 N. Y. 160; Bryant v. Randolph, 133 N. Y. 75. § 1450. Action by town against commissioners.—If a judgment shall be recovered against a town for damages to person or prop- erty, sustained by reason of any defect in its highways, or bridges, existing because of the neglect of any commissioner of highways, such commissioner shall be liable to the town for the amount of the judgment, and interest thereon; but such judgment shall not 937 HIGHWAYS, ROADS AND BRIDGES. [Cu xxiv. § 1451 Audit of Damages Without Action. be evidence of the negligence of the commissioners in the action against him. Highway Laws, § 17. By this section the commissioners are liable to the town for any judgment that it has been compelled to pay in consequence of his misconduct or neglect, Such actions are seldom brought and when they are brought are seldom suc- cessful. Lane v. T. of Hancock, 142 N. Y. 510. If he acted in good faith the town board is authorized to pay the judg- ment; see next section. Where a municipal corporation has been obliged to pay for damages re- covered by a traveler for injuries sustained from defective highway created by wilful act of third person it may reimburse itself for damages paid. Town of Clay v. Hart, 25 Misc. 110; Rochester v. Campbell, 123 N. Y. 405, and cases. If the Municipal Corp. contract with third person to keep streets in repair if it is obliged to pay damages for the injury of the third person it may recover the amount paid from the third person. Town of Clay v. Hart, 25 Mise. 110. The method of enforcing the judgment against Commissioners is prescribed by statute and excludes the idea that it may be recovered against the town. People ex rel. Everett v. Supervisors, 93 N. Y. 397. When judgment is against commissioners execution is issued against his property. Code Civ. Proc., § 1931. It is not a judgment against the town and mandamus will not lie against Board of Supervisors to pay it. Supra, 93 N, Y. 397. § 1451. Audit of damages without action—The town board of any town may audit as a town charge, in the same manner as other town charges are audited, any one claim not exceeding five hundred dollars, for damages to person or property, heretofore or hereafter sustained by reason of defective highways or bridges in the town, if in their judgment it be for the interest of the town so to do; but no claim shall be so audited, unless it shall have becn presented to the supervisor of the town, within six months after it accrued, nor if an action thereon shall be barred by the statute of limitations. The town board may also audit any unpaid judg- ment heretofore or hereafter recovered against a commissioner of highways for any such damages, if such town board shall be satis- fied that he acted in good faith, and the defect causing such dam- age did not exist because of the negligence or misconduct of the commissioner, against whom such judgment shall have been recov- ered. Highway Law, § 18. Auditing of town accounts see Town Laws, §§ 162, 170. 938 CH. XNIX.] HIGHWAYS, ROADS AND BRIDGES. Lack of Funds, Audit by Town Board. § 1451 Judgment against town is town charge. Id., § 180. When town is liable.— Prior to that act such commissioners were liable to a person injured because of a defective highway within his jurisdiction which he, having funds for the purpose furnished by the town, negligently omitted to repair, now towns are also liable. Bryant v. Town of R., 133 N. Y. 70; Clapper v. Town of W., 131 id. 382- 389; Garlinghouse v. Jacobs, 29 id. 297; Monk v. Town, 104 id. 552; Ivory v. Town, 116 id. 476; Lane v. Town, 142 id. 510; Glasier v. Town, 131 id. 447; Whitney v. Town, 127 id, 40; Robinson v. Town, 80 Hun, 101; Barber v. Town, 88 id. 522. Lack of funds.— Not only negligence in leaving a defective highway in a dangerous condition but neglect, to procure necessary funds with which to repair it. An omission of duty i in ascertaining the condition of the highways under the control of the commissioners or. an. omission of the active duty of obtaining” means, so far as they have the power, with which to make the highways” safe, makes the town liable. Failing so to do, the commissioners are ee Warren v. Clement, 24 Hun, 472; Lane v. Town, 142 N. Y. 510; Whitney v. Town, 127 id. 40; Ivory v. ‘Town, 116 id. 476. If the commissioner has no funds nor power to procure any, neither he nor the town is liable. Clapper v. Town, 131 N. Y. 382. While the commissioners may exercise their judgment and discretion as to the application of funds in their hands, that discretion must be reasonably exereised, and as the statute has provided means for the Jaising of moneys required to do necessary repairs, they may not defend an omission to do work of trifling expense which is essential for the safety of travel, on the ground that they determined to expend the money elsewhere. Ivory v. Town, 116 N. Y. 476. See Garlinghouse v. Jacobs, 29 id. 297; Monk v. Town, 104 Id. 552. Audit by town board.— In proceedings by mandamus by a commissioner of highways to compel the board of town:auditors to audit certain claims against the town for costs awarded against the commissioner and paid by him in actions brought by him as such commissioner and for moneys expended by him in that capacity it was admitted that the claims had been presented to former boards and rejected by them on the ground that the town was ‘not legally liable to pay them. Held, that the former adjudications were conclusive and that until reversed they formed a bar to a reauditing of the bills and to the application for a mandamus to compel it. The statute does not impose an absolute liability upon towns for all judg- ments recovered against a sole commissioner of highways in actions prose- cuted by him in his official capacity. Asa general rule, no claim against a town is obligatory ‘upon of’ entfOrtible against it until it has been audited and allowed by the board of auditors. Its jurisdiction over such claims is not only original but conclusive until re- versed or modified by another court in the manner prescribed by law, i. e., in proceedings by certiorari. People v. Barnes, 114 N. Y. 317. 939. HIGHWAYS, ROADS AND BRIDGES. [Cu. xx. §§ 1452, 1453 Purchase of Gravel, Abandonment of Rights, ete. § 1452. Purchase of gravel_—The overseers of highways of any road district of the State, with the consent of the commissioners of highways of the town, and the approval of the town board, shall have power to purchase of the owner of any gravel bed or pit within the town, gravel for the purpose of grading, repairing or otherwise improving the highways of the town at a price per cubie yard approved by said commissioners and town board. If such overseer cannot agree with any such owner for the purchase of such gravel, the overseer, with the consent of such commissioners and the approval of such town board, shall have power to acquire by condemnation the right to take and use such gravel, provided, no gravel shall be so condemned within one thousand feet of any house or barn, or taken from any lawn, orchard or vineyard, and to remove the same from such bed or pit for the purpose of grading, repairing or otherwise improving such highways, together with the right of way to and from such bed or pit to be used for the purpose’ of such removal. The right to use such gravel or to take the same from any such bed or pit may be acquired under this section for two or more or all of the road districts of the town, in com- mon; and if acquired for two or more or all of the districts, the commissioners of highways, with the approval of the town board, must make the purchase or acquire such right by condemnation. The amount agreed to be paid’ upon any such purchase, and ‘tHe amount adjudged to be paid upon any such condemnation shall be paid by the districts in which such gravel shall be used, but the costs and expenses of the proceedings for the condemnation in- curred by the overseer, shall be a charge upon the town, and shall be audited by the town board, and paid the same as other town charges. Laws 1891, chap. 309, § 1. § 1453. Abandonment and reversion of rights acquired.—If the town shall abandon for the period of three years any right so ac- quired to use any gravel bed or pit or to take gravel therefrom, or if the overseer of highways of any such district wherein any such right shall have been so acquired, or the commissioners of high- ways of the town shall cease to use the same for the purposes for which it was acquired, the right of the town and of such overseer and commissioners thereto shall cease, and the ownership thereof shall revert to and become vested in the owner of such bed or pit at the time such right was acquired, or his heirs or assigns. Laws 1891, chap. 309, § 2. 940 CH. XXIXx.] HIGHWAYS, ROADS AND BRIDGES. Penalties, Money System Taxation, Votes Thereon, etc. §§ 1454-1456 § 1454. Penalties, how collected—The commissioners of high- ways shall prosecute, in the name of the town, every overseer of highways, for any penalties known to the commissioners to have been incurred by the overseer. They shall also upon the com- plaint of any resident of the town, that any such penalty has been incurred, prosecute such overseer therefor, if satisfied that the complaint is well founded. The costs and expenses incurred by the commissioners in good faith, in such proceedings, shall be a town charge, to be audited by the town board. If the commis- sioners refuse or neglect to prosecute for any such penalty, for thirty days after such complaint shall have been made, the com- plainant may prosecute therefor in the name of the town, upon indemnifying the town for the costs and expenses of such prose- cution, in such manner as the supervisor may approve. If the commissioners shall neglect or refuse to prosecute for any such penalty, knowing that the same has been incurred, he shall be liable to a penalty of ten dollars for every such neglect or refusal, to be recovered by action, in the name of the town, brought by the supervisor, or by any taxpayer of the town who may indemnify the town, for the costs and expenses of the action, in such manner as the supervisor may approve. Highway Law, § 23; 2 R. 8. 1418. This section makes it the duty of the commissioner of highways to prose- cute upon the complaint of a resident of a town and an offer to indemnify him for costs of the action. McFadden v. Kingsbury, 11 Wend. 667. § 1455. Money system of taxation—Any town may change its system of taxation for working and repairing its highways, by complying with the provisions relating thereto. Highway Law, § 50. § 1456, Vote thereon—Upon the written request of twenty- five taxpayers of any town, the electors thereof may, at a special or biennial town meeting vote by ballot upon the question of changing the system of taxation for working the highway; but no person residing in an incorporated village or city, exempted from the jurisdiction of commissioners of hiehwara of the town, shall sign such request, or vote upon such question. A town which has adopted the money system of taxation for working and repairing its highways in pursuance of this section cannot again ‘vote upon the question of changing its system of taxation until 941 HIGHWAYS, ROADS AND BRIDGES. [Cu. xxix. §§ 1457, 1458 Change and Failure to Effect Change. at least four years have elapsed since the money system of taxation was adopted. Highway Law, § 51, as am‘d by Laws 1900, chap. 25; Laws 1905, chap. 108. APPLICATION FOR CHANGE OF SYSTEM OF TAXATION FOR WorkING Hicuways. (Highway Law, § 51.) We, the undersigned, taxpayers of the town of ............ , hereby request that a vote by ballot be taken at the next biennial town meeting in said town by the electors thereof entitled to vote thereon, on the question of changing the system of taxation for working the highways in said town, from the Ei Picteiowil system of taxation to the ........ system of taxation, pursuant to sections 50, 51, 52 and 53 of the Highway Law. Dated this ........ ay OP se sess sciece sanscins 9 19s (Taxpayers sign here.) § 1457. When change to take effect—When a town shall have voted to change the system of taxation for working and repairing the highways, as herein provided, such change, except in so far as it affects the duties of the town assessors in indicating and placing on the assessment-roll the property and persone subject to assessment and taxation for the repair of highway and of the highway commissioners and town board in determining and cer- tifying the amount of such tax, shall not take effect until the next annual meeting of the board of supervisors, after the town meet- ing at which it was decided to make the change; and until such annual meeting of the board of supervisors the former system of repairing highways and of taxation therefor shall remain in force in said town; provided, however, that when such change shall have been voted at a town meeting held subsequent to the first day of July in any year, it shall not take effect, except as to the duties required to be performed by the town officers specified herein, until the second annual meeting of the board of supervisors next succeeding such town meeting. In each town of Westchester county such change shall be for a term of not less than five years. Highway Law, § 52, as am’d by Laws 1895, chap. 386; Laws 1901, chap. 150. : § 1458. Failure to effect change—In any town where it was voted at the general election and town meeting held on the ‘sixth day of November, nineteen hundred, to change the system of taxa- tion for working and repairing highways from “ the labor system of taxation” to “the money system of taxation,” and where by reason of the inability or failure of the town assessors to perform the duties thereunder required of them by law, the board of su- 942 Cit. XXIXx.] HIGHWAYS, ROADS AND BRIDGES. Annual Tax Under Money System. g 1459 pervisors of the county in which such town is situated was unable, or failed in its last annual session to take the proper steps and make the required provisions for carrying such change into effect, such change, except as to the duties required to be performed by the assessors of said town, shall not take effect or become opera- tive until the annual meeting of said board next succeeding the passage of this act. Laws 1901, chap. 60. § 1459. Annual tax under money system; certain villages ex- empt therefrom.—Any town voting in favor of the money system shall annually raise by tax, to be levied and collected the same as other town taxes, for the repair of the highways, an annual sum of moneyywhich shall be equal to at least one-half the value of the commutation rates, of the highway labor which should be assessa- . ble under the labor system, but in any town in which there may be an incorporated village, which forms a separate road district, and wherein the roads and streets are maintained at the expense of such village, all property within such village shall be exempt from the levy and collection of such tax for the repair of high- ways of such town; and the assessors of such town are hereby required to indicate on the assessment-roll the property included in such incorporated village, in a column separate from that con- taining a list of the property in the town not included in such village, and shall also place on the assessment-roll the names of all persons liable to poll tax who are not residents of such village, and the board of supervisors are directed to levy a tax of one dollar on each person liable to poll tax as thus indicated; but this act shall not apply to assessments made for damages and charges for laying out or altering any road or for removing any obstruction caused by snow or preventing any such obstruction or for erecting or repairing any bridge in such town. The amount of such tax shall be determined by the commissioners of highway and the town board, who shall certify the same to the board of supervisors, the same as any other town charge. The clerk of the board of supervisors of each county containing a town which has voted for the money system shall, on or before the first day of Jan- uary of each year transmit to the state comptroller a statement certified by him, and signed and verified by the chairman of such board, stating the name of each town so voting, and the amount of money tax levied therein for the repair of highways during the 943 HIGHWAYS, ROADS AND BRIDGES. [Cu xxp § 1460 Commutations. preceding year. The comptroller ‘shall draw his warrant upo the state treasurer in favor of the treasurer of the county in whic such town is situated, for an amount equal to fifty per centum o the amount so levied in each town. The county treasurer shal pay the amount so paid to him on account of the money tax levie in any such town to the supervisor of the town, to be used for th repair and permanent improvement of such highways therein The sum paid by the state to any town except to towns the assessec value of whose real or personal property is less than $1,000,00( by virtue of this section shall not exceed, in any one year, one tenth of one per centum of the taxable property of such town. Al moneys collected for the repair and construction of highways ir any town under this section and all moneys received from the state as provided herein, shall be paid to the supervisor of, the town. who shall be the custodian thereof and shall be accountable there for. Before receiving any such moneys the supervisor shall give an undertaking to the town in an amount and with such : sreties as shall be approved by the town board, conditioned for the faith: ful disbursement, safe-keeping and accounting for the moneys that may come into his hands under this section. Such under. taking shall be filed in the office of the town clerk. The moneys collected and received under this section shall be paid out by the supervisor upon the order of the highway commissioner for the repair and permanent improvement of the highways of the town, in such manner as the commissioner of highways and the town board may determine and direct. Highway Law, § 53, as am’d by Laws 1893, chap. 412; Laws 1898; chap. 351; Laws 1902, chap, 156; Laws 1903, chap. 156; Laws 1904, chap. 478. » Was the duty of the highway commissioners and supervisors to report to the state engineer annually concerning all expenditures under this section. Highway Law, § 27, am’d by Laws 1906, chap. 363, § 194, ante. § 1460. Commutations—Every person and corporation shall work the whole number of days for which he or it shall have been assessed, except such days as shall be commuted for, at the rate of one dollar per day and such cummutation money shall be paid to the overseers of highways of the district in which the labor shall be assessed, within at least twenty-four hours before the time, when the person or corporation is required to appear and work on the highways; but any corporatien must pay its commutation money on or before the first day of June in each year to the com- * 944 CH. XxIXx.] HIGHWAYS, ROADS AND BRIDGES. Penalties for Neglect to Work or Commute. § 1461 missioner or commissioners of highways of the town in which the labor shall be assessed, and such commutation money shall be expended by the commissioner or commissioners of highways upon the roads and bridges of the town as may be directed by the town board except that in the counties of Albany, Dutchess, Fulton, Hamilton, Greene, Herkimer, Lewis, Montgomery, Putnam, Rich- mond, Rockland, Schoharie, Suffolk, Tompkins, Ulster, Westches- ter and Yates, the commissioner or commissioners shall pay the. same to the overseers of the districts, respectively, in which the labor commuted for was assessed. Highway Law, § 62; as am’d Laws 1904, chap. 495. The overseer of highways has no right to expend any part of the commu- tation moneys received from moneyed or stock corporations without au- thority from the commissioners. Fowler v. Westervelt, 40 Barb. 374. The control over such moneys is given to the commissioners. If paid to ‘overseer he receives it for them and he should pay it over to them. Id. § 1461. Penalties for neglect to work or commute.—Every per- ‘son or corporation assessed highway labor, who shall not commute, and who shall not appear and work when duly notified, shall be liable to a penalty of one dollar and fifty cents for every day he shall so fail to appear and work; and for wholly omitting to com- ply with any requisition to furnish a team, cart, wagon, imple- ments and man, he shall be liable to a penalty of five dollars for each day’s omission, and for omitting to furnish either a cart, wagon, plow, team or man to manage the team, he shall be liable to a penalty of one dollar and fifty cents for each day’s omission ; and if any person shall after appearing, remain idle, or not work faithfully, or hinder others from working, he shall be liable to a penalty at the rate of one dollar and fifty cents a day, for each hour. In those towns in which the money system of taxation has been adopted, any person who is taxed a poll tax for highway pur- poses as provided in section fifty-three of this chapter, and who does not pay such tax in the manner and at the time, prescribed by law, shall be liable to a penalty of five dollars. The penalties herein imposed, may be recovered by action by the overseer of highways as such, or by the highway commissioner in those towns having no such overseers, and, when collected, shall be expended and disposed of by the overseer or commissioner in the same man- ner as commutation moneys. The penalties, when recovered, shall 60 945 v HIGHWAYS, ROADS AND BRIDGES. [Cu xxix, § 1462 Assessment for Unperformed Labor. be applied in satisfaction of the labor assessed, for omission tc perform which, the penalties were respectively imposed. The overseer of highways may excuse any omission to perform labor when required, if a satisfactory reason shall be given therefor; but the acceptance of any such excuse shall not exempt the person excused from commuting for, or working the whole number of days for which he shall have been assessed during the year. Highway Law, § 65, as am’d by Laws 1902, chap, 242. A private action will not lie against the overseer of highways for adjudg~ ing a person in default in not working as required. Freeman v. Cornwall, 10 John. 470. An action for money had and received will not lie against him to recover moneys collected by him under an assessment by the commissioners pur- suant to statute. Potter v. Bemis, 1 Johns. 515. The penalty for neglect to work on the highway pursuant to notice. is to be collected in « summary way. The overseer is the judge as to the imposition of the fine and the justice acts ministerially in issuing his war- rant which he may do, without previous complaint or notice. Bouton v. Melson, 3 Johns. 474. § 1462. Assessment for unperformed labor.—Every overseer of highways shall on or before September first of each year, or at- such other time as the board of supervisors may by resolution prescribe, make out and deliver to the commissioner of highways of his town, a list of all persons and corporations who have not. worked out, or commuted for their highway assessment, with the number of days not worked or commuted for by each, charging for each day in such a list, at the rate of one dollar and fifty cents per day; and also a list of all the lands of nonresidents and per- sons unknown, which were assessed on his warrant by the com- missioners of highways, or added by him, on which the labor as- sessed has not been performed or commuted for, and the number of days’ labor unpaid by each, charging for the same at the rate of one dollar and fifty cents per day, which list shall be accom- panied by the affidavit of the overseer, that he has given the notice required, to appear and work, and that the labor specified in the list returned has not been performed or commuted, and it shall be the duty of the commissioner of highways to collect and present such lists to the town board of his town at the meeting held on the Thursday next preceding the annual meeting of the board of supervisors. The town board shall certify the amount of unpaid 946 Cu. XXIX.] HIGHWAYS, ROADS AND BRIDGES. Assessment for Unperformed Labor (Continued.) § 1462 taxes so returned to them by the commissioner of highways to the board of supervisors. Highway Law, § 66, as amended by Laws 1898, chap. 350; Laws 1901, chap. 437, and Laws 1902, chap. 75. If the work assessed to be done upon the highways shall not be done or commuted for, it is the duty of the overseer by October Ist of each year to make out and deliver to the supervisor of his town the list of all the non- residents and persons unknown which were taxed and on which the labor assessed by the commissioners has not been paid. It should then be laid before the board of supervisors. Chamberlain v. Taylor, 36 Hun, 24. OvEeRSEERS’ RETURN OF UNPERFORMED Hicuway LaBor To HicHway COMMISSIONERS, (Highway Law, § 66.) To A. B., C. D. and E. F., Commissioners of Highways of the town of giscannmiere sé , county Of s62scaeeceereed The following is ‘a list of all the resident landholders residing in highway district No. ...... , in the said town of ............ ; who have not worked _out their highway assessments for the year 19.., or commuted for the same, with the number of days not worked or commuted for by each, at one dollar and fifty cents per day; and also a list of all the lands of nonresidents and of persons unknown, which are assessed on my warrant by the commissioners of highways (or added by me according to law), on which the labor assessed has not been performed or commuted for, and the number of days’ labor unpaid by each, charging for each at the rate of one dollar and fifty cents per day. List oF RESIDENTS. OWNER’S NAME.| Description of land. |Assesse¢ ae Amount. List or NONRESIDENT LANDS. Assessed | Number value. of days. Amount. OWNER’S NAME.| Description of land. L. M., Overseer of Highway District No. ...... STATE OF NEW YORK, CounTY OF .......... L. M., being duly sworn, says he is the overseer of highway district No. ae ae , in the town of ...........-, in the county of ............, and that 947 HIGHWAYS, ROADS AND BRIDGES. [Cur xxix. §§ 1463-1465 Penalty Refusing List, Collection of Arrearages, etc. he has given the notices to appear and work, required by sections 60 and 61 of the Highway Law, and that the labor for which such residents and such land is returned, has not been performed or commuted for. L. M., Overseer of Highway District No. ...... Subscribed and sworn to before me, this .... day of ........ ¢ 1Ma% G. H., Justice of the Peace. § 1463. Penalty for refusal of overseer to provide list.—If any overseer shall refuse or neglect to deliver such list to the commis- sioner of highways, or to make the affidavits herein directed, he shall for every such offense, forfeit the sum of ten dollars and the amount of taxes for labor remaining unpaid, at the rate of one dollar for each day assessed. The commissioner of highways shall, in case of such refusal or neglect, recover such penalty and apply the amount recovered in making and improving the high- ways and bridges of the delinquent overseers’ district. Highway Law, § 67. § 1464. Collection of arrearages, etc—Hach board of supervi- visors, at its annual meeting in each year, shall cause the amount of such arrearages for highway labor returned to them, estimating each day’s labor at one dollar and fifty cents a day, to be levied and collected from the real and personal estate of the person, corpora- : tion, or from the nonresident real estate, specified in such list, to be collected by the collectors of the several towns, in the same man- ner that other town taxes are collected, and shall order the same, when collected, to be paid over to the commissioners of highways of the town wherein the same is collected, to be by them applied toward the construction, repairs and improvement of the high- ways and bridges in the district in which the labor was originally assessed. Highway Law, § 68. It is the duty of the Board of Supervisors at their next meeting to cause the amount of such arrearage of labor estimating a day’s labor at $1.50 to be levied upon the land so returned and to be collected in same manner a8 the contingent charges of the county are levied and collected. ' Chamberlain v. Taylor, 36 Hun, 24. § 1465. Laying out highways through burying grounds—No private road or highway shall be laid out or constructed upon or through any burying-ground, unless the remains therein contained are first carefully removed, and properly reinterred in some other 948 CH. XX1Xx.] HIGHWAYS, ROADS AND BRIDGES. Laying Out Highway Through Burying Grounds, Cost, Dam- §§ 1466, 1467 ages, etc. burying-ground, at the expense of the persons desiring such road or highway, and pursuant to the order of the county court of the ecunty in which the same is situated, obtained upon notice to such persons as the court may direct. Highway Law, § 91; see § 940, ante. This statute does not imply that graveyards and burying grounds can- not be taken for roads. ; Matter of street opening, 62 Hun, 499; affirmed, 133 N. Y. 329. § 1466. Costs, by whom paid—lIn all cases of assessments of damages by commissioners appointed by the -county judge or special county judge, the costs thereof shall be paid by the town thereof except when reassessment of damages shall be had on the application of the party, for whom the damages were assessed, and such damages shall not be increased on such reassessment, the costs shall be paid by the party applying for the reassessment; and when application shall be made by two or more persons for the reassessment of damages, all persons who may be liable to costs under this section shall be liable in proportion to the amount of damages respectively assessed to them by the first assessment, and may be recovered by action in favor of any person entitled to the same. Each commissioner appointed by the court, for each day necessarily employed as such, shall be entitled to four dollars and his necessary expenses. Highway Law, § 92, as am’d by Laws 1897, chap. 344; Laws 1904, chap. 353. The “costs” means costs which are allowed to one of the parties under section 152 of highway law, and not to apply to a bill for legal services rendered in the premises. People ex rel. Bevins v. Supr. Warren Co., 82 Hun, 298. This section refers to the case of a valid assessment of damages. Matter of Miller, 9 A. D. 260. § 1467. Damages for the same.—A1] damages to be agreed upon, or which may be finally assessed, and costs against the town, as herein provided, shall be laid before the board of town auditors or in towns not having a board of town auditors, before the town board, to be audited with the charges of the commissioners, jus- tices, surveyors, or other persons or officers employed in making the assessment, and for whose services the town shall be liable, and the amount shall be placed upon the town abstract and levied and collected in the town in which the highway is situated, and the money so collected shall be paid to the commissioners of high- 949 HIGHWAYS, ROADS AND BRIDGES. [Cu xxix. § 1468 Same, Assessment of Damages Thereon. ways of such town, who shall pay to the owner the sum assessed to him, and appropriate the residue to satisfy the charges afore- said. Highway Law, § 93, as am’d by Laws 1898, chap. 106. When the officers charged with the duty of making an assessment of damages to the owner execute a paper stating by an agreement between them and sucn owner his damages are liquidated at a specified sum it constituted as sufficient assessment of damages. People ex rel. Aspinwall v. Supr. of Richmond, 20 N. Y. 252. § 1468. Same—Assessment of damages thereon—Any person or corporation interested as owner or otherwise in any lands and claiming any loss or damage, legal or equitable, by reason of the discontinuance, abandonment or closing of any street or highway, not within the limits of an incorporated village, under or pursu- ant to the provisions of chapter six hundred and eleven of the laws of eighteen hundred and ninety-five or of any act amendatory thereof or supplemental thereto, may, upon ten days’ written no- tice to the highway commissioners of the town in which such lands are situated apply to the supreme court or to the county court of the county within which such lands are situated for the appoint- ment of commissioners to estimate and determine such loss and damage, whereupon the court shall appoint three disinterested commissioners of appraisal to estimate and determine such dam- age, and the amount of compensation to be paid by said town therefor, who shall make their report thereupon to such court, and which report when finally confirmed shall be final and conclusive in respect thereto and the legality and equity of any and all such claims shall be determined by such commissioners and by the court upon the hearing of their report. Any loss or damage so estimated and determined shall be paid by said town as in case of judgment. Laws 1896, chap. 464; 2 R. S. 1439. See County Law, §§ 172-480-555, ante. The award of damages by the commissioners or jury is conclusive on the board of supervisors, and cannot be revised by them; but they must cause it to be raised by tax. People v. Supervisors of St. Lawrence, 5 Cow. 292. If the board of supervisors refuse or neglect to audit the damages s0 as- sessed, they may be compelled to do so by mandamus. . . People v. Supervisors of Ulster, 3 Barb, 332. and cases cited; People ex rel Aspinwall vy. Supervisors, 20 N. Y. 252. If the supervisor make a false return to a mandamus, sued out by an in- dividual, whose land is taken for a highway. and the relator has been kept 950 CH. XXIXx.] HIGHWAYS, ROADS AND BRIDGES. When Officers Disagreed About Highway. § 1469 out of the damages to which he was entitled from the town, the supervisor may properly be made liable in damages, to the extent of the interest upon ‘the damages assessed. People ex rel. Aspinwall v. Supervisors of Richmond, 28 N. Y. 112. A board of supervisors can only audit the damages assessed for tha land -of an individual, taken for a highway, with the charges, ete., as provided in the Highway Act (Laws of 1847, chap. 455, § 23), and no more can be levied and collected of the town. © Where damages, occasioned by the laying out of a highway, had been re- assessed by w jury under chapter 455, Laws of 1847, at a larger sum than the original assessment, and the supervisor of the town refused to present the same to the board of supervisors as required by section 23 of this act, but instead thereof presented the original assessment, he, deeming the clause ‘as to reassessment unconstitutional, it was held that he was liable to an action at the suit of the party entitled to the damages as reassessed. The remedy by mandamus was not proper in such a case, Clarke v. Miller, 54 N. Y. 528. The provisions of the act of 1847, chapter 455, relative to the assessment of -damages occasioned by the laying out of a highway by commissioners and for a reassessment, by « jury in case a party aggrieved shall apply for the same, are not in conflict with article 1, section 7 of the Constitution, and are valid. Id. No power, either express or implied, is conferred upon a highway commis- sioner to bind the town by the employment of an attorney in proceedings to lay out a highway. Section 92 of the Highway Law does not render the ton liable for charges of such attorney. People v. Supervisors, 82 Hun, 298. § 1469. When officers of different towns disagree about high- ways.—When the commissioners of -highways of any town or of- ficers of any village or city having the powers of commissioners of highways, shall differ with the commissioners of highways of any -other town, or with the officers of such a village or city having the powers of commissioners of highways in the same county, relating to the laying out of a new highway or altering an old highway, extending into both towns, or a town and a village or city, or upon the boundary line between such towns or such town and a vil- lage or city, or when commissioners of highways of a town in ‘one county shall differ with the commissioners of highways of a town, or the officers of a village or city having the powers of com- missioners of highways, in another county, relating to the laying out of a new highway, or the alteration of an old highway, which shall extend into both counties, or be upon the boundary line be- tween such counties the commissioners of highways of both towns or the officers of the village or city having such powers, shall meet on five days’ written notice, specifying the time and place, within some one of such towns, villages or cities, given by either of such 951 HIGHWAYS, ROADS AND BRIDGES. = [Cu xxrx. § 1469 When Officers Disagreed About Highways (Continued.) commissioners, or officers having powers of commissioners of high- ways, to make their determination in writing, upon the subject of their differences. If they cannot agree, they or either of them may certify the fact of their disagreement to the county court of that county, if the proposed highway is all in one county, or if in different counties, or if the county judge is disqualified or unable to act, to the supreme court; such court shall thereupon appoint three commissioners, freeholders of the county, not residents of the same town, village or city, where the highway is located; or if be- tween two counties, then freeholders of another county, who shall take the constitutional oath of office, and upon due notice to all persons interested, view the proposed highway, or proposed altera- tion of a highway, administer all necessary oaths, and take such evidence as they shall deem proper, and shall decide all questions that shall arise on the hearing, as to the laying out or altering of such highway, its location, width, grade, and character of road bed, or any point that may arise relating thereto; and if they de- cide to open or alter such highway, they shall ascertain and ap- praise the damages, if any, to the individual owners and occu- pants of the land through which such new or altered highway is proposed to pass, and shall report such evidence and decision to such court, with their assessment of damages, if any, with all convenient speed. On the coming in of such report, the court may, by order, confirm, modify, or set aside the report in whole or in part and may order a new appraisal by the same or other commissioners, and shall decide all questions that may arise be- fore it. And all orders and decisions in the matter shall be filed in the county clerk’s office of each county where the highway is located, and shall be duly recorded therein. This section shall not be so construed as to compel any town or towns to construct, repair or maintain a bridge upon a boundary line between towns, where, previous to the passage of such amendatory act, an applica- tion had been made to any court, to compel the construction, re- pair and maintenance of a bridge upon such a boundary line, and such application had been denied. Highway Law, § 94, as am’d by Laws 1901, chap. 162; Laws 1903, chap. 460. The legislature of 1890 cast the primary duty upon the commissioners of the town through which the proposed highway is to pass of determining important questions preliminary to the application to the court for the appointment of commissioners. The town commissioners should meet and make their certificate of disagreement in case the proposed highway is to pass through different towns in the same county, and also if it passes 952 CH. XxIx.] HIGHWAYS, ROADS AND BRIDGES. Differences About Improvements. § 1470 through different counties. In the former case the application should be made to the county court, in latter case to Supreme Court. These courts cannot appoint commissions unless such meeting is held and certificate is presented. Matter of Barrett, 7 A. D. 482. This section is intended to apply equally to roads which lie upon as well as those which cross the town line and to prescribe a mode of procedure in ease of disagreement of commissioners. Trepel ex rel. Titsworth v. Nash, 38 St. Rep. 730 § 1470. Differences about improvements—When the commis- sioners of highways of a town, or the officers of a village or city having the powers of commissioners of highways therein, shall desire to make a new or altered highway extending beyond the bounds of such town, village or city, a better highway than is usually made for a common highway, with a special grade or roadbed, drainage or improved plan, and are willing to bear the whole or a part of the expense thereof beyond such bounds, but cannot agree in regard to the same, upon written application of either of the commissioners or officers, and notice to all parties interested, such court shall make an equitable adjustment of the matters, and may direct, that in consideration of the payment of such portion of the additional expense by the town, village or city that desires the improved and better highway, as shall be equitable, its officers, contractors, servants and agents may go into such town, village or city, and make the grade and roadbed, and do whatever may be necessary and proper for the completion of such better highway, advancing the money to do it; the amount of damages to each owner or occupant, shall be ascertained and determined by commissioners, who shall be appointed, and whose proceedings shall be conducted in the manner provided by the last preceding section ; and upon the coming in cf their report of dam- ages, and of the expenses paid, such court shall, on notice to aii parties interested, direct that the amount of damages assesscd to each owner or occupant, if any, and all such expenses be paid by each, any or all of such towns, villages or cities as shall be just and equitable, and the damages and expenses assessed and allowed, as in this and the last preceding sections, shall be paid and collected as if fixed by the commissioners of highways of the towns, or the officers of such villages or cities having the powers of such commissioners. Every commissioner appointed as herein provided, shall be paid six dollars for each day actually and neces- sarily employed 3 in such service and necessary expenses. Highway Law, § 95. 953 HIGHWAYS, ROADS AND BRIDGES. = [Cu. xx1x §§ 1471-1473 Highway in Two or More Towns, Damage Opening Privat Road. Improvement of street and highways in towns within counties containin, upwards of 600,000 inhabitants, see Laws 1893, chap. 582. § 1471. Highway in two or more towns.—When application i: made to lay out, alter or discontinue a highway located in two o1 more towns, all notices or proceedings required to be served upon the commissioners of highways, shall be served upon the commis: sioners of highways of each town; and the commissioner: appointed by the court shall determine the amount of damages to be paid by each town, and when the towns are in different counties, the application for the appointment of commissioners shall be made to a special term of the supreme court held in the district where the highway or some part of it is located; and the same proceedings shall thereafter be had in the supreme court of such district as are authorized by this chapter to be had in the county court. Highway Law, § 96. Construction of highways and bridges upon highways running through two or more towns of same county, see Laws 1892, chap. 493. § 1472. Damages for opening private road—The damages as- sessed by ‘the jury shall be paid by the party for whose benefit the road is laid out, before the road is opened or used; but if the jury shall certify that the necessity of such private road was occasioned by the alteration or discontinuance of a public high- way, such damages shall be paid by the town, and refunded to the applicant. Highway Law, § 117. The road is paid for and owned by the applicant. Taylor v. Porter, 4 Hill, 140. This section requires the payment of the damages by the party for whose benetit the road is laid out unless the necessity was occasioned by the altera- tion or discontinuance of a public highway and in that case the damages shall be refunded and paid by the town to the applicant. Matter of Lawton, 22 Misc. 426. § 1473. Wherever an cxpenditure exceeding the rate of ten thousand dollars per mile shall be deemed necessary on such county roads or any part thereof, all such expenditure in excess of ten thousand dollars per mile shall be borne by the town or towns, village or villages, or separate road districts within whose juris diction such roads or parts of roads so improved or repaired 954 CH. XxIx.] HIGHWAYS, ROADS AND BRIDGES. Expenditures on Certain Roads, Bicycle Paths § 1474 shall be, and in case of such excess, the board of supervisors shall cause such excess to be levied and collected in the next ensuing tax levy authorized by such supervisors upon such towns, or upon the portions thereof embraced in such villages or separate road districts liable therefor. Said board of supervisors shall have the control and juris- diction over said county roads only for the purpose of improving and keeping the same in repair, except as hereinbefore mentioned, and for all other purposes the said roads shall remain and be subject to the authority, control and jurisdiction of the town, village, separate road district, or local authorities to which they shall respectively belong; provided, however, that all roads or parts of roads designated as county roads shall remain under the control of the local authorities liable for the repair thereof until such improvement shall have been actually begun thereon under this act, and if the said board of supervisors shall at any time relinquish the control of any county road or part thereof the local authorities within whose jurisdiction the same shall be, shall forthwith resume the control and charge thereof in like manner as if the same had not been designated as a county road. Laws of New York, 1890, chap. 555, §§ 9, 10. § 1474. Bicycle paths—The county judge of any county except Albany, may, upon the petition of fifty resident wheelmen of such county; appoint from among the resident citizens thereof, five or seven persons, the number to be determined by such judge, who shall be side-path commissioners. Such board of side-path com- missioners may construct and maintain side-paths along any public road, street or section thereof of the county, provided the said board of side-path commissioners shall be required to obtain the written approval of the commissioner of highways or other officer perform- ing similar duties, or the written approval of the supervisor of each town in which said side-paths shall be built, and file the same in the town clerk’s office before constructing the paths along any road outside the limits of incorporated cities or villages. No side- paths shall be constructed upon or along any regularly constructed or maintained sidewalk, except with the consent of the persons owning the abutting lands. Such side-paths shall not be less than, three nor more than six feet wide, without the consent of the own- ers of abutting lands, and shall be constructed within the outside lines and along and upon either side of such public roads or 955 HIGHWAYS, ROADS AND BRIDGES. [Cu xxrx, § 1475 Same, Funds for Sidepaths. streets. The board of side-path commissioners is authorized to adopt a form of license to be known as a bicycle side-path license, and to fix a fee of not less than fifty cents nor more than one dol- lar, except in the county of Monroe, where the license fee shall be twenty-five cents. The license shall be good during the calendar year for which it is issued and no longer. The license fees col- lected by the board shall be deposited on or before the first day of each month with the county treasurer of the respective coun- ties, by whom they shall be credited to a special fund, to be called the side-path fund, upon which the board of side-path commis- sioners may draw warrants signed by a majority of the board; but no warrant shall be so drawn in excess of the amount actually on deposit, nor shall any contract or purchase be made, exceeding the amount of such funds at the time of making such contract or purchase. Each board of side-path commissioners shall report annually to the county judge of their respective counties, giving a detailed financial statement, and filing with said report a voucher for each expenditure, which report and vouchers shall be deposited in the county clerk’s office. The monies collected by the boards of side-path commissioners shall be applied to the repairing of exist- ing paths in their respective counties; to the construction of new paths; to the planting of shade trees above such paths, where the consent of the owners of abutting lands to the planting of such trees has been obtained; to the maintaining of order on the paths; and the necessary and authorized expenses incurred in enforcing the statute. Any board of side-path commissioners, with the consent of the commissioner of highways, or other officer performing similar duties, having jurisdiction thereof, may re- move limbs of trees overhanging side-paths in the county wherein said board has jurisdiction, where, in the judgment of the said board, the same shall interfere with the free passage of bicycles along said paths. Laws of 1899, chap. 152, as am’d by Laws of 1900, chap. 640. § 1475. Authority to raise sidepath fund by tax —The board of supervisors of each county may raise by tax on real and personal property, subject to taxation in such county, not more than five thousand dollars, to be expended in the repair and construction of sidepaths in such county. The county treasurer of each county where such sum has been raised shall place the same to the eredit of the sidepath fund, provided by section four, chapter six hun- 956 CH. XXIX.] HIGHWAYS, ROADS AND BRIDGES. Widening Highway. § 1476 dred and forty of the laws of nineteen hundred, and it shall be expended and paid out according to the provisions of said chapter. County Law, § 12, subd. 18, added by Laws 1903, chap. 465. § 1476. Widening of highways——When any part of the high- way in any town outside of an incorporation village running between two or more villages has been worn away by a river stream or other natural cause so as to be come narrower than the width required by statute and is dangerous to persons using such highway, twelve or more resident taxpayers may present a veri- fied petition to the county court of the county setting forth the condition of the highway and that the cost of widening and im- proving the highway would exceed $2,500 and would be too bur- densome on the town or towns otherwise liable therefore and asking for the improvement of the. widening and improvement of such highway. / The county court shall then appoint three commissioners who are taxpayers but not residing in the town or towns in which the highway is situated; these commissioners shall take the constitu- tional oath and give notice of a hearing to all interested persons ; they shall keep minutes of their proceedings and reduce all evi- dence to writing; they shall make a duplicate of their decision, filing one in the town clerk’s office in which the highway is lo- cated and the other in the county clerk’s office; they shall also file the evidence and minutes; they shall have power to assess the damages caused by the widening of the highway and shall receive $5.00 a day compensation for each day necessarily spent. This amount shall be paid by the commissioners and be a charge against the town or towns. If the majority of the commissioners determine that the pro- posed widening is necessary and that the probable cost would be more than $2,500 they shall notify the board of supervisors of such decision and the board of supervisors shall then cause one- half of the estimated cost to be raised by the county and paid to the commissioners of highways of the interested towns to be used by said commissioners toward the payment of the improve- ment or widening, the balance of the expenses shall be raised as provided by law by the town in which the highway, is located..., The commissioners of highways shall make ‘such widening ac- cording to plans and specifications prepared by them and approved by the town board. The costs and exvenses incurred in so doing 957 HIGHWAYS, ROADS AND BRIDGES. [Cu. xxix. §§ 1477-1479 Railroads Through Public Lands, Over State Lands, ete. shall be audited by the town board and paid by the commissioncrs. of highways out of the moneys raised for that purpose. Extracts from the laws of 1893, chap. 607; see §§ 208-212, ante. § 1477. Railroads through public lands —The commissioner of the land office may grant to any domestic railroad corporation land belonging to the people of the state, except the reservation at Niagara and the Concourse lands on Coney Island, which mtay be required for the purposes of its road on such terms as may be agreed upon by them, or such corporation may acquire title thereto by condemnation and the county or town officers having charge of any land belonging to any county or town, required for such corporation for the purposes of its road, may grant such land to the corporation for such compensation as may be agreed upon. In case the land or any right, interest or easement therein, re- quired by such railroad corporation is used for prison purposes the commissioners of the land office may grant such land, or any right, interest or easement therein, have the approval of the superintendent of state prisons. Railroad Law, § 8, as am’d by Laws 1904, chap. 313. § 1478. Road not to be constructed upon ground occupied by public buildings or in public parks.——No street surfade railroad. ‘shall be constructed or extended upon ground occupied by buildings. belonging to any town, city, county or to the state, or to the’ United States, or in public parks, except in tunnels to be approved by the local authorities having control of such parks. Provided however that the commissioners of the state reservation at Niag- ara, by and with the consent of the commissioners of the land office, may construct, without expense to the state, street railroad tracks upon and‘along that part of the riverway, :so. called, be- tween Falls and Niagara streets in the city of Niagara Falls, and in their discretion may grant revokable licenses to street surface railroad companies to use such tracks upon such terms as said commissioners may prescribe. Railroad Law, § 108, as am’d by Laws 1899, chap. 710. § 1479. Over State lands.—The commissioners of the land office shall have power to grant to any pipe line corporation any lands belonging to the people of this state which may be required for the purposes of its incorporation on such terms as may be agreed on by them or such corporation may acquire title thereto by con- 958 CH. XxIx.] HIGHWAYS, ROADS AND BRIDGES. Powers of Gas Companies, Incorporation, ete. §§ 1480, 1481 demnation, and if any lands owned by any county, city or town as required by such corporation for such purposes, the county, city or town officers having charge of such lands may grant them to such corporation upon such terms and for such compensation. as may be agreed upon. Transportation Corp. Law, § 48. § 1480. Powers of gas companies.—Corporations formed for the purpose of supplying gas for light have power to manufacture gas, and to acquire by purchase or otherwise natural gas and to sell and furnish such quantities of gas as may be required in each city, town and village named in its certificate of incorpora- tion, for lighting the streets, and public or private buildings or for other purposes; and to lay conductors for conducting gas through the streets, lanes, alleys, squares and highways, in each’ such city, village and town, with the consent of the municipal authorities thereof, and under such reasonable regulations as they may prescribe; and such municipal authorities shall have power to exempt any such corporation from taxation on their personal property for a period not exceeding three years from the organ- ization of the corporation. Any corporation authorized under any general or special law of this state to manufacture and supply gas shall have the like powers and privileges. Transportation Corporations Law, § 61, subd. 1, as am’d by Laws 1902, chap. 596. Electric light companies may lay, erect and construct suitable wires or other conductors, with the necessary poles, pipes or other fixtures in, on, over and under the streets, avenues, public parks and places of such cities, towns or villages, for conducting and distributing electricity, with the consent of the municipal author- ities thereof, and in such manner and under such reasonable regu- lations as they may prescribe. Id., subd, 2. § 1481. Incorporation—Seven or more persons may become a corporation for the purpose of supplying water to any of the cities, towns or villages and the inhabitants thereof in this state, by executing, acknowledging and filing a certificate stating the name of the corporation, the amount of its capital stock, the number of shares into which it is to be divided, the location of its principal office, the number of its directors, not less than seven, the names and places of residence of the directors for the 959 HIGHWAYS, ROADS AND BRIDGES. [Cu. xxp § 1431 Powers of Gas Companies, Incorporation, ete. (Continued.) first year, the name of the cities, towns and villages which it i proposed to supply with water; that the permit of the authoritie of such cities, towns and villages herein required has been granted the post-office address of each subscriber, and the number of share he agrees to take in such corporation, the aggregate of which shal be at least one-tenth of the capital stock, and ten per centum o: which shall be paid in cash to the directors. At the time o: filing there shall be annexed to the certificate and as a par thereof, a permit signed and acknowledged by a majority of the board of trustees of the village, in case an incorporated village is to be supplied with water, and in case a town, or any part thereof, not within the incorporated village is to be supplied. by the supervisor, justice of the peace, town clerk and highway commissioners thereof or a majority of them, and in case a city is to be supplied with water by the board of water commissioners of said city, or by such other board or set of officials as, perform the duties of water commissioners and have charge of the water supply for said city, authorizing the formation of such corpora- tion for the purpose of supplying such city, village or town with water, and an affidavit of at least three of the directors that the amount of capital stock herein required has been subscribed and paid in cash. (As amended by Chap. 617 of 1892, § 1.) Transportation Corporation Law, § 80; see § 837, ante. The permit must be signed by a majority of the village trustees and must authorize the formation of the corporation for the purpose of supplying such village with water. Pelham Manor v. N. R. W. Co., 67 Hun, 98; affirmed 143 N. Y. 532. The design of the statute in prescribing an application by the promoters to the town or village authorities was to furnish some protection to the community with respect to the establishment of waterworks companies. It is not only interested in knowing the facts about the proposed corporation to be empowered with constructing waterworks and laying pipes in the streets and public places but it is of vital importance to know the source from which it is proposed to distribute water to the inhabitants. Matter of City of Brooklyn, 143 N. Y. 596. The laying of pipes for supplying water to cities and villages may be for 9 public use or purpose even where no contract has been made with the munici- pality to supply it with the water. A street of an unincorporated village is subject to use for the purpose of supplying water to the inhabitants of the village, and the placing of pipes in it by a water company, with the consent of the town authorities, does not impose an additional! burden upon the fee. Witcher v. H. W. W. Co., 48 St. Rep. 196; 66 Hun, 619. In the absence of an express provision in the contract prohibiting it from so doing, the town is not precluded from making a like grant to or contract with another company for another or further supply, if the publie needs re- quire it. 960 CH. XXIXx.] HIGHWAYS, ROADS AND BRIDGES. Powers of Gas Companies. § 1482 The franchise conferred upon such a corporation is not exclusive in its nature; it does not give the company the exclusive right to purvey water to ihe town or village, to supply which it was created, and neither the Con- stitution nor the statute prohibiting legislation impairing the obligation of contracts precludes the grant of a charter to another company that has obtained the requisite consent of the municipal authorities, authorizing it to supply water from other sources to the inhabitants of the same town or village. ta re Brooklyn, 143 N. Y. 596. § 1482. Powers.—Every such corporation shall have the fol- lowing additional powers: 1. To lay and maintain their pipes and hydrants for delivering and distributing water in any street, highway or public place of any city, town or village in which it has obtained the permit re- quired by section eighty of this article. 2. To lay their water pipes in any streets or avenues or public places of an adjoining city, town or village, to the city, town or village where such permit has been obtained, provided that such right in an adjoining city or village having a population of more than twelve thousand inhabitants, shall be subject to the permis- sion of the local authorities thereof and upon such conditions as they may prescribe. 3. To cause such examinations and surveys for its proposed water works to be made ‘as may be necessary to determine the proper location thereof, and for such purpose by its officers, agents or servants to enter upon any lands or waters in the city, town or village where organized, or in any adjoining city, town or village for the purpose of making such examinations or surveys, subject to liability for all damages done. Transportation Corporations Law, § 82, as am’d by Laws 1905, chap. 210, and Laws 1906, chap. 455. , The state authorizes the formation of water companies, Laws 1877, chap. 171, but does not require the company to supply water to the town or vil- lage nor does it require the town or village to take its supply from the company. People ex rel. M. W. W. Co. v. Forrest, 97 N. Y. 97. A company having permit from trustees of a village to form a company to supply water may lay pipes in adjoining village without its consent. Pelham Manor v. N. R. W. Co., 67 Hun, 98; affirmed, 143 N. Y. 532. The company and its officers may enter upon any lands or waters for pur- pose of surveying and agree with owners as to amount of compensation to be paid for lands. P. W. W. Co. v. Bird, 130 N, Y. 249. The general effect of this section is that an incorporated water company has power to lay and maintain their pipes and place hydrants for delivering 61 961 HIGHWAYS, ROADS AND BRIDGES. = [Cu. xx §§ 1483, 1484 Survey and Maps, Condemnation of Real Estate. and distributing water in any street, highway or public place of any to or village when it has obtained the permit to lay its pipes in the hi ways as required by § 80, of this act. Witcher v. H. W. Co., 66 Hun, 619; affirmed, 142 N. Y. 626. It was the intent of the legislature to provide « scheme by which a wa company provided with an adequate supply of water and an operative s tem for its distribution might extend its operations to contiguous localit by passing its pipes along intervening streets and public places. Village of Tarrytown v. P. W. Co., 15 St. Rep. 816. It seems that the use of and the burden of public highways may be « forced by plants, e. g., electric light poles in highway, which are benefic and in aid of the use of the highway by travelers; electric lights to light t way for the traveling public is a benefit to the traveling public and tl principle seems to be approved as to water works. Palmer v. L. E. Co., 158 N. Y. 231. This rule also applies to gas companies laying pipes in streets. People ex rel. W. Gas Co. v. Deehan, 153 N. Y. 528. There is a distinction as to telegraph and telephone poles. Companies a not incorporated for the purpose of aiding the wayfarer or traveling publ and consequently must obtain easements or consents. Palmer v. L. E. Co., 158 N. Y. 231. § 1483. Survey and map.—Before entering upon, taking « using any land, for the purpose of its incorporation such corpor: tion shall cause a survey and map to be made for the lands i tended to be taken or entered upon, by and on which the land « each owner or occupant shall be designated, which map shall t signed by the president and secretary, and filed in office of th county clerk of the county in which such lands are situated. Transportation Law, § 83. * The right of eminent domain to take lands against the will of the own is confirmed by chap. 566, Laws 1890. Matter of C. W. W. Co., 32 A. D. 54. The statute must be strictly complied with in exéreising this power. Craig v. T. of Andes, 93 N. Y. 405; In re B. H. T. & W. Ry. Co., 79 > Y. 69; In re N. Y. & B. Ry. Co., 62 Barb. 85. The map must be filed before the company enters upon the lands fc the purpose of using it. P. W. W. Co, v. Bird, 130 N. Y. 249. Failure to file map is cause for dismissal of proceedings. Matter C. W. W. Co., 32 A. D. 54. § 1484, Condemnation of real property——Any corporation 01 ganized under this article, shall have the right to acquire res estate, or any interest therein necessary for the purposes of it ‘incorporation, and the right to lay, relay, repair and maintai 962 CH..XxXIx.] HIGHWAYS, ROADS AND BRIDGES. Turnpikes, Plankroads, Bridge Corporations. § 1485 conduits and water pipes with connections and fixtures in, through or over the lands of others; the right to intercept and divert the flow of waters from the lands of riparian owners, and from persons owning or interested in any waters, and the right to prevent the few of drainage of noxious or impure matters from the lands of others into its reservoirs or sources of supply. If any such cor- poration, which has made a contract with any city, town or vil- lage or with any of the inhabitants thereof for the supply of pure and wholesome water as authorized by section eighty-one of this article, shall be unable to agree upon the terms of purchase of any such property or rights, it may acquire the same by con- demnation. But no such corporation shall have power to take or use water from any of the canals of this state, or any canal reservoirs as feeders, or any streams which have been taken by the state for the purpose of supplying the canals with water. Transportation Law, § 84, as am’d by chap. 617 of 1892, § 4 and chap. 230 of 1894, § 2. A private owner of the fee in a village street subject to public easement therein cannot maintain an action to compel the removal of water pipes or hydrant placed in front of his place without consent. Witcher v. H. W. Co., 66 Hun, 619. Placing the pipes and hydrants in the street under permit from town authorities does not impose an unlawful additional burden upon the fee of the street. Id. Before lands or water rights can be taken by a water-works company by condemnation there must be a permit by the town or village authorities to its incorporation, In re Citizens’ W. W. Co. v. Parry, 35 St. Rep. 640. See Pelham Manor v. N. R. W. Co., 67 Hun, 98. § 1485. Turnpike, plankroad and bridge corporations.—Agree- ment for use of highways.—The supervisor and commissioner of highways, or a majority if there be more than one of any town, may agree in writing with any such corporation for the use of any part of a public highway therein required for the construction of any such road, and the compensation to be paid by the cor- poration for taking and using such highway for such purpose on first obtaining consent of at least two-thirds of all the owners of land bounded on or along such highway, which agreement shall be filed and recorded in the town clerk’s office of the town. If such agreement cannot be made the corporation may require the right to take such highway for such purpose by condemnation. The compensation therefor shall be paid to the commissioners of 963 HIGHWAYS, ROADS AND BRIDGES. [Cu. xx1y § 1486 Agreements for Use of Highway, Form for, ete. highways, to be expended by them in improving the highways 0 the town. Transportation Corporations Law, § 122. The town officers have not power to grant this right to use the highway o condition that the company shall erect and maintain its toll-gates in specifie localities, nor are they authorized to make the agreement granting this right and as a consideration therefor obligating it not to locate and maintain ; toll-gate within a specified limit. An action cannot be brought by the super visors and commissioners of highways, in their joint names as such officers on a contract made by them on behalf of the town which contains no expres agreement with them, as such officers. Palmer y. Fort Plain & Cooperstown Plankroad Co., 11 N. Y. 376. An agreement by which the company, as consideration for the agreement agrees to keep the road in repair without expense to the town has been hel to be w valid contract. People v. Fishkill & Beekman Plankroad Co., 27 Barb. 445; Town o Fishkill v. Fishkill & Beekman Plankroad Co., 22 id. 634. As to the rights of the public in such roads, the control of them by th highway commissioners, see 7 People v. N. & S. Plankroad Co., 86 N. Y. 1; Heath v. Burmore, 50 id 302; A. & C. Plankroad Co. v. Douglass, 9 id. 444; Walker v. Cay wood, 31 id. 51; Ireland v. O. H. & 8. P. R. Co., 13 id. 526. As to rights of the plankroad company. Trelford v. C. I. & B. Co., 5 App. Div. 464. Corporation may take fee of the land. Heath v. Burmore, 50 N. Y. 302. The public may travel on the road while building and as to liability o! company during construction, see Ireland y. Oswego, &c., 13 N. Y. 526. The general right of the public to use the highway remains unimpaired subject only to tolls. Walker v. Caywood, 31 N. Y. 51; Matter of Roch. El. Co., 123 N. Y 351; Benedict v. Goit, 3 Barb. 459. § 1486. Form of agreement.— AGREEMENT TO USE HIGHWAY FOR PLANKROAD, ETC. This agreement made this ........ day of November, .........- betweer Sie LYS Waren A , as supervisor of the town of ............, county of ....--..-- and svaewess ANA: ce5 vis soxdik , a8 commissioners of highways of said town, o! the first part, and the ............ Company of the second part, ye Witnesseth, that the said party of the first part, having become satisfiec that at least two-thirds of all the owners of land along the highway (deseribi it), and who actually reside thereon, have consented in writing to the con struction of a turnpike by said party of the second part, on such highway do, in consideration of the sum of $.......... hereby grant and convey t the said party of the second part, the right to use and occupy the publi highway above described, for the purpose of a turnpike road, so long as thi same shall be needed therefor by said party of the second part. In witness whereof, ete. Sign and Seal. {Add acknowledgment.] File and record in the town clerk’s office. 964 CH, Xx1x.] HIGHWAYS, ROADS AND BRIDGES. Application to Board, Commissioners to Lay Out Road. §§ 1457. 1488 § 1487. Application to board of supervisors.—If the lands neces- sary for the construction of the road or bridge of any such cor- poration in any county have not been procured by gift or purchase, and the right to take and use any part of any highway therein re- quired by such corporation shall not have been procured by agree- ment with the supervisor and commissioners of highways of the town in which such highway is situated, the corporation may make application to the board of supervisors of each county in which such bridge or read, or any part thereof, is to be located, for au- thority to build, lay out and construct thesame, and take the neces- sary real estate for such purpose. Notice of the application shall be published in at least one public newspaper in each county for six successive weeks, specifying the time and place where it will be made, the location, length and breadth of any such bridge, and the length and route of any such proposed road, its character, and each town, city and village in or through which it is to be con- structed. The application may be made at any annual or special meeting of the board, and if the corporation desires a special meeting therefor any three members of the board may fix a time when the same shall be held, and notice thereof shall be served upon each of the other supervisors by delivering the same to him personally or leaving it at his place of residence at least twenty days before the meeting, and the expenses of the special meeting and of notifying the members of the board thereof shall be paid by the corporation. All persons interested therein or owning real estate in any of the towns through which it is proposed to construct the road may appear and be heard upon the hearing of the application. The board may take testimony in respect there- to, or authorize it to be-taken by a committee of the board and may adjourn the hearing from time to time. After hearing the application the board may, by an order entered in its minutes, authorize the corporation to construct such bridge or road and to take the real estate necessary for that purpose, and a copy of the order certified by the clerk of the board shall be recorded by the corporation in the office of the clerk of the county in which such bridge or road or any part thereof is to be located before any act shall be done under it. Transportation Corp. Law, § 123. § 1488. Commissioner to lay out road.—If the application for the construction of any such road is granted, the board shall ap- 965 HIGHWAYS, ROADS AND BRIDGES. [Cu. xx1 § 1489 Surrender of Road. point three disinterested persons, not owners of real estate in an town through which the road is to be constructed, or in any a joining town, commissioners to lay out the road. They sha take the constitutional oath of office, and without unnecessary di lay lay out the route of such road in such manner as in their opir ion will best promote the public interests; they shall hear all pe: sons interested who shall apply to be heard and take testimony i relation thereto, and shall cause an accurate survey and descriy tion of the road and the necessary buildings and gates, signed an acknowledged by them, to be recorded in the clerk’s office of th county. If the road is situated in more than one county, suc survey and description shall be separate as to that portion in eac county and filed in the office of the clerk of the county to whic it relates. The corporation shall pay each commissioner thre dollars for every day spent by him in the performance of his du ties and his necessary expenses. Transportation Corp. Law, § 124. § 1489, Surrender of road.—The directors of any plankroad o turnpike corporation may abandon the whole or any part of it road at either or both ends thereof, upon obtaining the written con sent of the stockholders, owning two-thirds of the stock of the cor poration, which surrender shall be by a declaration in writing ti that effect, attested by the seal of the corporation and acknowl edged by the president and secretary. Such declaration and con sent shall be filed and recorded in the clerk’s office of the count: in which any part of the road abandoned shall be situated, anc the road so abandoned shall cease to be the road or the property o: the corporation, and shall revert and belong to the several towns cities and villages through which it was constructed, and the cor poration shall no longer be liable to maintain it or to be assessec thereon, or permitted to collect tolls for traveling over the same but without impairing its right to take toll on the remaining par of its road at the rate prescribed by law. And whenever an: turnpike or plankroad company, now existing or hereafter cre ated, shall abandon all or any part of its road within this State in the manner above provided, or whenever its charter or franchisi of such company shall be annulled or revoked, the road of sucl turnpike or plankroad company shall revert to and belong to th several towns, cities and villages through which such road shal pass. And it shall be the duty of the several towns, cities ant 966 CH. Xx1x.] HIGHWAYS, ROADS AND BRIDGES. Rates of Toll. § 1490 villages acquiring any road under this act to immediately lay out and declare the same a free public highway. And it shall be the duty of the several towns, cities and villages to maintain and work every road acquired under the provisions of this act in the same manner as the other roads of such towns, cities and villages are maintained and worked. And any town, city or village may borrow money in the manner provided by law for the purpose of improving or repairing the same. Transportation Corp. Law, § 139. Upon the abandonment of « turnpike by a railroad it becomes a highway of the town. T. of Palatine v. N. Y. C. & H. R., 22 A. D. 181. Lands conveyed to a turnpike corporation in fee for the uses and purposes of a road upon dissolution the land does not revert to original owners, but the public interest in the road remains. ~ Tift v. City of Buffalo, 82 N. Y. 204. § 1490. Rates of toll—Upon filing such certificate such cor- "poration may erect a toll-gate at such bridge or one or more toll- gates upon the road so inspected, and may demand and receive the following rates of toll, a printed list of which shall be conspicu- ously posted at or over each gate: If a bridge corporation, such sum as shall be from time to time prescribed by the board of supervisors of the county or counties in which the bridge is located. If a turnpike or plankroad, for every vehicle drawn by one animal, one cent per mile, and one cent per mile for each additional ani- mal; for every vehicle used chiefly for carrying passengers, three cents per mile, and one cent per mile for each additional animal; for every horse road, led or driven, three-quarters of a cent per mile; for every score of sheep or swine, one and one-half cents per mile, and for every score of neat cattle, two cents per mile. When diverging roads strike any plankroad or turnpike at or near any toll-gate, the board of supervisors of the county may direct that the toll charge shall commence from the point of such divergence, and only for the distance traveled on such turnpike or plankroad, but fractions of cents may be made units of cents in favor of the plankroad or turnpike corporation. The corporation may from time to time commute, but not for a longer period than one year at any one time, with any person whose place of abode shall adjoin or be near to the road for the toll payable at the nearest gate on each side thereof, and the commutation may be renewed from year to year. No tolls shall be charged or collected 967 HIGHWAYS, ROADS AND BRIDGES. [Cu xxix. § 1491 When Town Must Pay for Lands. at any gate, from any person going to or from public worship, a funeral, school, town meeting or election at which he is a voter to cast his vote, a military parade which he is required by law to at- tend, any court which he shall be required to attend as a juror or witness, nor when going to or from his required work upon any public highway, nor when transporting troops in the actual service of the United States; and no toll from persons living within one-half mile of the gate by the most usual traveled road when not engaged in the transportation of other persons or property except that persons living within one mile of the gate, by the most usually traveled road, in an incorporated village of over six thousand in- habitants, when not engaged in the transportation of the persons or property shall be exempt from the payment of toll. Transportation Corp. Law, § 130. Also people going to or returning from religious meetings, which does not mean any particular sect, creed, or denomination, but embraces all meetings having for their object the worship of God. Skinner v. Anderson, 12 Barb. 648. A person passing around or avoids the gate for purpose of evading payment of toll is liable to penalty at suit of corporation. A. & C. P. R. Co. v. Douglass, 9 N. Y. 444; Conly v. Clay, 90 Hun, 20. This act, L. 1890, chap. 566, only applies to turnpikes organized under the General Turnpike Act. A. & B. P. R. Co. v. Schot, 90 Hun 56. If individuals or a company without authority from the legislature should build another plank road so near as to interfere with the existing road and should charge tolls the latter company would have a remedy against the former individuals or company. A. & C. P. R. Co. v. Douglass, 9 N. Y. 444. Upon filing the certificate of completion in the county clerk’s office it is authorized to erect toll gates and collect tolls. A. & B. P R. Co. v. Schot, 90 Hun, 56. Persons living within a mile and traveling alone are exempt from paying toll. Conley v. Clay, 90 Hun, 20. § 1491. When towns must pay for lands.—When the corporate existence of any plankroad or turnpike corporation shall have ceased by limitation of time, or where any judgment of ouster or dissolution, or restraining the exercise of its franchise has been rendered in any action against it, such portion of the line of its road as was built over lands which were originally purchased by it and not previously a public highway shall not be used as a public highway, nor be taken possession or control of by the town in 968 CH. XxXIx.] HIGHWAYS, ROADS AND BRIDGES. Extension of Corporation, Authority to Purchase Roads, etc. §§ 1492, 1493 which the same may be, or by any of the authorities thereof, or be claimed or worked or used as a public highway until the town shall pay over to the treasurer, receiver or other legal represen- tatives of the corporation, or its assigns, the principal sum of the amounts paid by it for such lands, as shown by the deeds of con- veyance thereof to it, and every such judgment shall provide ac- cordingly. Such payments shall be made within three months af- ter the expiration of the corporate existence of the corporation, or if any such judgment has been or shall be rendered, within three months after service of written notice of the entry thereof on the supervisor of the town, and the person receiving such payment shall execute a proper discharge therefor and a conveyance to the town of all the title and interest which the corporation had in such lands at the expiration of its corporate existence. Transportation Corporations Law, § 149. § 1492. Extension of corporate existence——No turnpike, plank- road or bridge corporation shall extend its corporate existencc, pursuant to the provisions of the General Corporation Law, with- out the written consent of the persons owning at least two-thirds of its capital stock, nor without the consent of the board of su- pervisors of each county in which any part of its road or bridge is situated, which consent shall be given by a resolution of the board adopted at any regular or special meeting, and a copy of such resolution; certified by the clerk of the board, or verified by the affidavit of some member thereof, together with such consent of the stockholders, and a statement verified by the affidavit of the president and treasurer of the corporation, showing the actual capital expended upon the construction of the road, exclusive of repairs, the name of each town or ward through or into which the road passes, and, if any part of the road shall have been aban- doned, the actual cost of the remaining part, exclusive of re- pairs, shall be filed with the certificate of the continuance of the corporate existence. No further abandonment of any road be- longing to a corporation whose corporate existence has been so extended shall be made, except with the consent of a majority of the board of supervisors of the county in which the abandoned portion of the road may lie, which consent shall be filed in the: office of the clerk of the county. Transportation Corp. Law, § 151. § 1493. Authorize towns to purchase plank roads, etc., or toll. bridges—The board [of supervisors] may authorize a town or 969 HIGHWAYS, ROADS AND BRIDGES. [Cu. xxix. $§ 1494, 1495 Damage for Altering Grade, Street and Bridges, etc. towns to purchase for public use, any plank road, turnpike, toll road or toll bridge in such town, and may authorize the company ‘owning the same, to sell the same, or any part thereof, or the fran- chise thereof, and to authorize such town or towns to borrow such sums of money as may be necessary therefor for or on the credit of such towns, after the same shall have been directed by a vote of a majority of the electors at a town meeting, or special town meeting as provided in section sixty-nine (of the County Law.) County Law, § 69a, added by Laws 1903, chap. 469. § 1494. Damages for alteration of grade of street, bridge, etc., of village——When ever the grade of any street, highway or bridge in any incorporated village in the State shall be changed or al- tered so as to interfere in any manner with any building or building situate thereon or adjacent thereto, or the use thereof, shall injure or damage the real property adjoining such highway so changed or altered, the owners may apply, under the “ Con- demnation law,” for ascertaining the damages therefor. Laws 1883, chap. 113, §§ 1 and 2. See Village Law, §§ 159 and 342, subd. 4. § 1495. Damages, how chargeable, etc.—All damages ascer- tained and determined under the provisions of this act, together with the costs of such proceedings, shall be a charge, when al- lowable, upon the town or other municipality chargeable with the maintenance of the street, highway or bridge so altered or changed ; but no property owner or person instituting proceedings to recover damages under the provisions of this act shall be entitled to costs, : unless the claim for such damages shall have first been presented to and rejected by, or neglected to have been adjusted for thirty days after presentation by the town or municipality, nor in case such proper officers shall have made an offer to settle or compromise such claim, which offer is declined by said property owner, un- less he shall recover more than is so offered; and in case he fails to recover any damages, or less than offered, he shall be liable for the costs of such proceeding. When either party is entitled to costs under this section, they shall be the same costs, and at the same rates as prescribed in the Condemnation Law, and the court may grant an additional allowance of costs to the prevailing party at the same rate as provided by the Condemnation Law. Law 1883, chap. 113, §3; 3 R. S. 3463. 970 CH, XXIX.] HIGHWAYS, ROADS AND BRIDGES. Care of Bridges in Villages, Repairs and Construction, etc. §§ 1496-1498 The above provisions do not apply to villages wherein trustees have exclu- sive control of the streets or bridges. Village Law, § 159. § 1496. Care of bridges in villages—TIf at the time this chapter takes effect, the board of trustees of a village has the supervision and control of a bridge therein, it shall continue to exercise such control under this chapter. In any other case, every public bridge within a village shall be under the control of the commissioners of highways of the town in which the bridge is wholly or partly situated, or such other officer as may be designated by special law, and the expense of constructing and repairing such bridge and the approaches thereto is a town charge, unless the village assumes the whole or part of such expense. Village Law, § 142, chap. 21, art. 5 (Village Law), in effect July 1, 1897. As to construction and maintenance of bridges over waters between cities and towns or incorporated villages in said town, see Laws 1897, chap. 269; see §§ 153, 154 Highway Laws. § 1497. When village may construct or repair bridges.—A vil- lage may assume the control, care and maintenance of a bridge or bridges wholly within its boundaries, upon the adoption of a proposition therefor, at a village election; or a proposition may be adopted authorizing the board of trustees to enter into an agree- ment with the commissioners of highways of a town, in which any part of such village is situated, to construct or repair a bridge in any part of the village included in such town, at the joint ex- pense of the village and town, which agreement shall fix the por- tion to be paid by each. Village Law, § 143. § 1498. General powers of heating companies.—Any corporation or association formed or organized under the Manufacturing Cor- poration Act of 1848 (chapter 40), or under the Business ‘Cor- poration Act of 1875 (chapter 611), shall have full power to manufacture, furnish and sell such quantities of hot water, -hot air or steam as may be required in the city, town or village where the same shall be located; and such corporation shall have power to lay pipes or conductors for conducting hot water, hot air or steam through the streets, avenues, lanes, alleys, squares and high- ways in such city, village or town, with the consent of the muni- cipal authorities of said city, village or town and under such rea- 971 HIGHWAYS, ROADS AND BRIDGES. [CH. xxix, §§ 1499, 1500 Heating Companies, Electrical Subways, Drainage, etc. sonable regulations and conditions as they may prescribe; and whenever any such permission shall be granted, it shall only be upon the condition that reasonable compensation shall be paid therefor and upon a further condition that a satisfactory bond shall be given to secure the city, town or village against all dam- ages in the use of said pipes. The amount of the compensation and the manner of its payment and the amount of the bond shall be first fixed and determined by said munieipal authorities, be- fore any pipes, as provided for by this act, shall be laid in any city, town or village of this State, and that all such permissions heretofore given by any of said municipal authorities, where the above terms have been complied with, are hereby confirmed. Laws 1879, chap. 317, § 2; 1 R. S. 329. § 1499. Electrical subways——Any company or companies or- ganized and incorporated under the laws of this State, for the pur- pose of owning, constructing, using and maintaining a line or lines of electric telegraph within this State or partly within and partly beyond the limits of this State, are hereby authorized, from time to time, to construct and lay lines of electrical con- ductors under ground in any city, village or town within the limits of this State, subject to all the provisions of law in reference to such companies not inconsistent with this act; provided that such company shall, before laying any such line in any city, village or town of this State, first obtain from the common council of cities, the trustees of villages or the commissioners of highways of towns, permission to use the streets within such city, village or town for the purposes herein set forth. Laws 1879, chap. 397, § 1, as am’d by chap. 483, Laws 1881; 1 R. S. 1055. § 1500. Drainage, sewer and water pipes in highways.—The commissioners of highways may upon written application of any resident of their town, grant permission to lay and maintain drain- age, sewer and water pipes and hydrants under ground, within the portion therein described, of any highway within the town, but not under the traveled part of the highway, except to cross the same, for the purpose of sewerage, draining swamps or other lands, and supplying premises with water, upon condition that such pipes and hydrants shall be so laid as not to interrupt or interfere with public travel upon the highway. The consent of the commissioner shall be executed in duplicate, signed by him and indorsed with the written approval of the supervisor and the 972 CH. XXIX.] HIGHWAYS, ROADS AND BRIDGES. Highways by Dedication. § 1501 acceptance of the applicant, and one of such duplicates shall be ‘delivered to the applicant and the other filed with the town clerk. The consent shall also contain a provision to the effect that it is granted on the condition that the applicant will replace all earth removed, and leave the highway in all respects in as good con- dition as before the laying of said pipes; that the applicant will keep such pipes and hydrants in repair and save the town harmless from all damages which may accrue by reason of their location in the highway; that upon notice by the commissioner, the ap- plicant will make any repairs required for the protection or preservation of the highway; that upon his default such repairs may be made by the commissioner at the expense of the applicant, and that such expense shall be a lien prior to any other lien upon the land benefited by the use of the highway for such pipes or ‘hydrants; and that the commissioner may also, upon the appli- cant’s default, revoke the permission for the use of the highway, and remove therefrom such pipes or hydrants. Highway Law, § 14, as am’d by chap. 204, Laws 1897. See also §§ 858 and 871 ante. As to gas and electric light companies having power to lay down mains and and conductors in highways, see Transportation Law, § 61. Pipes along, across or upon highway, see Id., § 45. Water pipes in highway, see Id., §§ 80-85. § 1501. Highways by dedication —Whenever land is dedicated to a town for highway purposes therein, the commissioners of highways in such town may, either with or without a written ap- plication therefor, and without expenses to the town, make an order laying out such highway, upon filing and recording in the town clerk’s office with such. order a release of the land from the owner thereof. A highway so laid out must not be less than two rods in width. Section ninety of this chapter does not apply to a highway by dedication. Such commissioners of highways may also, upon written application and with the written consent of the town board, make an order laying out or altering a highway or discontinuing a highway which has become useless since it was laid out in their town, upon filing and recording in the town clerk’s office, with such application, consent and order, a release from all ‘damages from the owners of the lands taken or affected thereby, when the consideration for such release, as agreed upon between such commissioners and owners, shall not in any one case, from any one claimant, exceed one hundred dollars, and from all 973 HIGHWAYS, ROADS AND BRIDGES. [Cu. xxix. § 1501 Highways by Dedication (Continued.) claimants five hundred dollars. An order of the commissioners as herein provided shall be final. a Law, § 80, as am’d by chap. 204, Laws 1897; Laws 1904, chap. The legislature cannot pass any local bill laying out, opening, altering, working or discontinuing roads, highways or alleys. Constitution, art. 3, § 18. RELEASE OF DAMAGES BY OWNERS OF THE LAND. (Highway Law, § 80.) Know all men by these presents, that I, R. S., of the town of............ county of .......... , N. Y., for and in consideration of the sum of........ (not exceeding $100), hereby consent that a highway be laid out and opened (or altered) across my premises in the town of ................ , county of J euerg aanvioury , N. Y., pursuant to the application of L. M., dated the........ day Of ses ccenseo es , 19.., and release said town from all damages by reason of laying out and opening (or altering) such highway through my premises. In witness whereof, I have set my hand hereunto, on this........ day of iste leurs deste » 19... OrpvEeR Laying Our HicHWAy ON RELEASE FROM OWNERS. (Highway Law, § 80.) At a meeting of the commissioners of highways of the town of.......... , in the county of ............ , on the ........ day Of: csincwvaved racy 5p Dieses for the purpose of deliberating on the propriety of laying out a highway in said town, hereinafter described, application having been made by L. M., a person liable to be assessed for highway labor in said town, and a release from the owners of the land through which the highway is proposed to be opened, having been given. It is hereby ordered and determined that a highway shall be, and the same is hereby laid out in said town as follows: Beginning (here insert the survey bill), and the line of survey shall be the center of the highway, which shall De sic caren reaes rods in width. Dated this ........ day Of ccsasvenes 5 19s. Commissioner o DEDICATION OF LAND AND RELASE OF DAMAGES. (Highway Law, § 80.) Know all men by these presents, that I, R. S., of the town of............ 4 in the county of ..........-- , N. Y., for value received, hereby dedicate tv the town of ........--.4-- , aforesaid, a strip of land across my premises in said town, for the purpose of a highway, described as follows: (Here de- scribe premises dedicated.) And I also hereby release said town from all damages by reason of the laying out and opening of said highway. ; IN WITNESS whereof, I have hereunto set my hand and seal, this Siediak go [SEAL] day of ........-..+--, 19.. ads STATE OF NEW YORK, | g,. COUNTY OF ....----006- ; On this .......- day of .....--..5 eee eee , 19.., before me, the subscriber,. CH. XXIXx.] HIGHWAYS, ROADS AND BRIDGES. Highways by Dedication. § 1501 personally appeared R. S., to me known to be the person described in, and. who executed the foregoing agreement. G. H., Justice of the Peace. CoNSsENT oF TowN BoarD To Lay Out orn ALTER a HIGHWAY. (Highway Law, § 80.) The undersigned, the town board of the town of ................. » in the county of ............ ; hereby consent that the commissioners of highways of said town make an order laying out (or altering) the proposed highway described in the application of L. M., pursuant to section 80 of the Highway Law. : In witness whereof, we have hereunto set our hands on .......... day of (Signed by each member of town board.) 975 CHAP. $1502. $1503. $1504. $1505. $1506. $1507. $1508. §1509. $1510. §1511. §1512. §1513. $1514, $1515. $1516. $1517. $1518. §1519, §1520. PART FIVE. 30. Election 1566. 31. Dog law, §§ 1567-1597. 32. Weights and measures, §§ 1598-1614. 33. Civil service law, §§ 1615- 1642. law, §§ 1502- 34. Municipal debts, ete. §§ 1643-1691. 35. Public officers, 1708. 36. Fees, ete., §§ 1709-1737. §§ 1692- CHAPTER XXX. ELECTION LAW. Election—time for general election. Time of opening and closing polls. Notices of election. Creation, division and altera- tion of election districts. Maps and certificates of boun- daries of election districts. Designation of places for reg- istry and voting, publication of same and provision of fur- niture therefor. Election of officers, designa- tion, number and qualification. Election, officers in towns. Ballot boxes. Officers providing ballots and stationary. Payment of election expenses. Original statement of canvass and certified copies. Delivery and filing of papers relating to the election. County canvassers — organi- zation of county board of can- vassers. Production of original state- ments and copies thereof. Correction of clerical errors in election district statements. Correetion in state or county board of canvassers_ state- ments. Proceedings of state board of canvassers upon corrected statements. Statements of canvass by county boards. 62 , g1521. §1522, §1523. §1524, §1525. 81526. §1527. $1528. §1529. 1530. 1531. 1532. 1533. 1534. 1535. 1536. 1537, 1538. 1539. 1540. 1541. 1542. 1543. 1544. 1545. 1546. 1547. 1548. 977 Decisions of county board as to persons elected. Transmission of statements of county boards to secretary of state and municipal assembly. Official canvass. Statement of county canvass- ers. Certificate of elections. Soldiers vote. Canvass by election district and county canvassers. Canvass by county board. Returns or statements not made and filed prior to certain dates in any year not to be canvassed. Use of voting machine. Providing machines. Payment for machines. Form of ballots. Sample ballots. Number of official ballots. Distribution of ballots and stationary. Tally sheets. Unofficial ballots. Opening the polls. Location of machines. Manner of voting. Instructing voter. Disabled voters, ; Canvass of votes. Disposition of ballot and rec- ord of machine. — Penal code, ete. Ballot clerks elected. Number of voters in election districts. ELECTION LAW. [CH. Xxx. §§ 1502-1504. §1549. Definitions. §1559. Participation in primary elec- §1550. Repeal of laws. tions. §1551. Enrollment of political parties §1560. Enrollment lists public re- in towns. cords. §1552. Enrollment books. §1561. Notice and manner of con- §1553. Enrollment. ducting. §1554. Special enrollments, §1562. Committees may make further §1555. Electors, attaining majority, rules. ete. §1563. Review by mandamus or cer- §1556. Transfer on removal from dis- tiorari. , trict. §1564. Expenses a town charge. §1557. Compilation of party lists. §1565. Violations. §1558. When lists take effect. §1566. How act made applicable. So much of the Election Law as applies to the supervisors, town board and board of supervisors is here inserted. § 1502. Time for general election—The general election is held annually on the Tuesday next suceeding the first Monday in November. Election Law, § 2. National Guards not to drill or parade on election day. Military Code, § 142. It is a public holiday. Statutory Construction Law, § 34 § 1503. Time of opening and closing polls.—The polls of every general election, and, unless otherwise provided by law, or every other election shall be opened at six o’clock in the forenoon and shall close at five o’clock in the afternoon. There shall be no adjournment or intermission until the polls are closed. The clos- ing of the polls shall be deemed to mean the close of the delivery of official ballots to electors, and the electors entitled to vote who have lawfully begun the act of voting before the time fixed for the close of the polls, shall be allowed to complete the act. It shall not be lawful for any corporation, association, copartnership or person, to sell, offer or expose for sale, or give away, any liquor on the day of a general or special election, within one-quarter of a mile of any voting place, while the polls for such election shall be open. A violation of this provision shall be deemed a dismedeanor. Election Law, § 3, as am’d by Laws 1901, chap. 654, § 1. § 1504. Notices of elections— * * * The city, village and town clerks of each county shall at least three months before each general election make and transmit to the county clerk of cach county, except in county of Erie and in the county of Erie 978 CH. Xxx.] ELECTION LAW. Creation and Division of Election Districts. § 1505 to the commissioners of election a notice under their respective hands and official seals, stating each city, village or town officer to be voted for at such election. Election Law, part of § 5, as amended by Laws 1897, chap. 377, Laws 1901, chaps. 95, 232, as am’d by Laws 1905, chap. 643. If election notice fails to specify office, voter may fill in same and vote therefor. People ex rel. Goring W. Falls, 144 N, Y. 616. § 1505. Creation, division and alteration of election districts.— Every town or ward of a city not subdivided into election dis- tricts shall be an election district. The town board of every town containing more than four hundred electors, and the com- mon council of every city except New York and Buffalo, in which there shall be a ward containing more than four hundred electors, shall, on or before the first day of July in each year, whenever necesssary so to do, divide such town or ward respectively into election districts, each of which shall be compact in form, wholly within the town or ward, and shall contain respectively as near as may be, four hundred electors, but no such ward or town shall be again divided into election districts until, at some gen- eral election, the number of votes cast in one or more districts thereof shall exceed six hundred; and in such case the redivision shall apply only to the town or ward in which such district is situated. If any part of a city shall be within a town, the town board shall divide into election districts only that part of the town which is outside of the city. No election district including any part of a city shall include any part of a town outside of a city. A town or ward of a city containing less than four hundred electors may, at least thirty days before the election or appoint- ment of inspectors of election of such town or ward, be divided into election districts by the board or other body charged with such duty when, in the judgment of such board or body, the con- venience of the electors shall be promoted thereby. The creation, division or alteration of an election district outside of a city shall take effect immediately after the next town meeting, and at such next town meeting inspectors of election shall be elected for each election district as constituted by such creation, division or al- teration. If the creation, division or alteration of an election district is rendered necessary by the creation, division or altera- tion of a town, or ward of a city, it shall take effect immediately, but a new town or ward shall not be created, and no new town 979 ELECTION LAW. [CH. xxx. “§ 1505 Same, Abolition or Consolidation of Election Districts. or ward shall be subdivided into election districts between the first day of August of any year, and the day of the general elee- tion next thereafter. If inspectors are not elected or appointed for such district outside of a city before September the first next thereafter, the town board of the town. shall appoint four in- ‘spectors of election for such district. If a town shall include a city, or a portion of a city, only such election districts as are wholly outside of the city shall be deemed election districts of the town, except for the purposes of town meetings. The board of elections of the city of New York and in the city of Buffalo the commissioner of elections shall divide such city into election dis- tricts on or before the first day of July in any year whenever neces- sary so to do as herein provided. The election districts in the counties within the city of New York, shall contain, so far as possible, five hundred electors, provided, however, that any elec- tion district containing less than seventy-five electors in such counties, made necessary by the crossing of congressional lines with other political divisions, may be consolidated with con- tiguous election districts in any year when no representative in congress ‘is to be voted for in such district. Such election dis- tricts so established in the city of New York shall not again be changed unless at some general election the number of regis- tered electors therein shall exceed five hundred, except where changes are made necessary by a change in the boundaries of con- gressional, senate, assembly or municipal court districts or- ward lines provided, however, that when the number of registered electors in any election districts shall for two consecutive years be less than two hundred and fifty, such district may be con- solidated with contiguous election districts in the discretion of said board of elections. In the city of New York each election district shall be compact in form, entirely within an assembly district and numbered in consecutive order therein respectively. No election district shall contain portions of two counties, or two senate or assembly districts. ; Election Laws, § 8, as am’d by chap. 570, Laws 1906; see also § 458 ante. Abolition or consolidation of election districts in towns—If at a general election at which a governor is elected, the number of votes cast for governor in an election district in any town be less than four hundred, the town board of the town may, if such town contains two election districts, abolish the division of the 980 CH. xXxx.] ELECTION LAW. Map and Certificate of District. § 1506 town into election districts, or if the town contains more than two election districts, may annex the territory of such district to one or more of the other districts therein, in such manner as will best promote the convenience of the electors; but no district shall be abolished pursuant to this section if thereby in case of the abolition of election districts, the number of electors in the town will exceed six hundred, as indicated by the last preceding vote for governor, or if thereby in the case of the abolition of an election district and its annexation to one or more other districts, the number of electors in any new district so created will exceed six hundred, as in- dicated by such vote. An alteration of election districts, pursuant to this section, must be made on or before July first in any year. If the election districts in a town are abolished pursuant to this section, the town board shall, on or before September first, ap- point from the inspectors of election in such town four inspectors of election for the town as an election district, two of whom shall belong to the political party which at the last preceding general. election for state officers shall have cast the greatest number of votes in such town, and the other two of whom shall belong to the political party who shall have cast the next highest number of votes at such election. Election Law, § 8a, added by Laws 1906, ch. 159, § 1506. Maps and certificates of boundaries of election districts. —When a ward of a city or an assembly district within a city shall be divided into two or more election districts, the officers or board creating, dividing or altering such election districts, shall forthwith make a map or description of such division, defining it by known boundaries, and cause such map or description to be kept open for public inspection in the office of the city clerk, and cause copies thereof to be posted not less than ten days prior to the first day of registration in each year, in at least ten of the most public places in each election district so created, divided or altered, and shall, prior to every election, furnish copies of such map or description to the inspectors of election in each election district of such ward or assembly district. The scale of such maps shall so far as possible be uniform and large enough to per- mit the printing of the street corner numbers of the block or blocks defininig the extreme boundaries of each election district within or outside the lines of such block or blocks respectively; and such street corner numbers shall be printed in or outside such block 981 ELECTION LAW. [Cu. Xxx. § 1507 _— Place of Registering, Voting, Publications, Furniture, ete. lines upon said maps, so that the lowest and highest street nuwn- bers of every street bounding such election district shall be plainly shown thereon. The copies furnished to the inspectors of election shall have printed on each or affixed to each in some secure way the list of places designated pursuant to section ten as places at which the meetings for the registration of electors and the election shall be held during the year within such ward or assembly district. The officers creating, dividing or altering an election district in a town shall forthwith make a certificate or map thereof, exhibiting the districts so created, divided or altered, and their numbers respectively, and file the same in the county clerk’s office except in the county of Erie, and in the county of Erie in the office of the commissioner of elections, and a copy thereof in the town clerk’s office, and cause copies of the same to be posted in at least five of the most public places in each election district of such town, and the county clerk or commissioner of elections as the case may be, shall, prior to every general election, furnish copics of such maps or certificates, to the inspectors of election in each election district of such town, provided such election district is not coterminous with the town lines. Election Law, § 9, as am’d by Laws 1906, chap. 642. § 1507. Designation of places for registry and voting, publica- tion of same; and provision of furniture therefor.—On the first Tuesday of September in each year, the town board of each town, and the common council of each city, except New York and Buf- falo, and the board of elections of the city of New York, shall designate the place in each election district in the city or town at which the meeting for the registration of electors and the elec- tion shall be held during the year. In the city of Buffalo the com- missioner of elections shall designate such places for registry and election on the first Monday in August in each year. Each room so designated shall be of a reasonable size, sufficient to admit and comfortably accommodate at least ten electors at the time outside of the guard rail. No building, or part of a building, shall le so designated in any city if within thirty days before such designa- tion, intoxicating liquors, ale or beer, shall have been sold in any part thereof. No room shall be designated elsewhere in a city, if within thirty days before such designation, intoxicating liquors, ale or beer, shall have been sold in such rooms, or in a room ad- joining thereto, with a door or passageway between the two rooms. 982 CH, xxx.] ELECTION LAW. Same, Election Officers, Designation, Number, ete. § 1508 No intoxicating liquors, ale or beer shall be sold in such building in a city or such room or adjoining room elsewhere after such designation and before the general election next thereafter, or be allowed in any room in which an election is held during the day of election or canvass of the votes. Any person or persons violating the provisions of this section shall be deemed guilty of a misdemeanor. If any place so designated shall thereafter and before the close of the election be destroyed, or for any reason become unfit for use, or can not for any reason be used for such purpose, the officers charged with the designation of a place for such election shall forthwith designate some other suitable place for holding such election. Not more than one polling place shall be in the same room, and not more than two polling places shall be in the same building. The officers authorized to designate such places in any town or city shall provide for each polling place at such election, the necessary ballot and other boxes, guard rails, voting booths and supplies therein, and the other furniture of such polling place, necessary for the lawful conduct of each elec- tion thereat, shall preserve the same when not in use, and shall deliver all such ballot and other boxes for each polling place, with the keys thereof, to the inspectors of each election district at leasi one-half hour before the opening of the polls at each election. The officers authorized to designate the registration and polling places in any city, except the city of New York, shall cause to be published in two newspapers within such city a list of such places so designated, and the boundaries of each election district in which such registration and polling place is located. Such publication shall be made in the newspapers so selected upon each day of registration and the day of election, and on the day prior to each such days. One of such newspapers so selected shall be one which advocates the principles of the political party polling the highest number of votes in the state at the last preceding election for governor, and the other newspaper so designated shall be one which advocates the principles of the political party polling the next highest number of votes for governor at said election. Election Law, § 10, as amended by laws 1897, chap. 379; Laws 1901, chap. 95; Laws 1903, chap. 197; Laws 1906, chap. 259. Expense of publishing under this section is not limited by Code Civ. Pro., § 3317. Mark v. Buffalo, 32 Mise. 330. § 1508. Election officers; designation, number and qualifications. —There shall be in every election district of this state the follow- 983 ELECTION LAW. [Cu. xxx. § 1509 Same, Election Officers in Towns. ing election officers, namely, four inspectors, two poll clerks and two ballot clerks, whose term of office, except as hereinafter pre- scribed, shall be for one year from the date of their appointment or election, and who shall serve at every general election, special or other election held within their districts during such term. The term of office of inspectors of elections in towns shall be for two years. No person shall be appointed or elected an inspector of election, poll clerk or ballot clerk who is not a qualified elector of the county if within the city of New York or of any othcr city or of the election district of the town in which he is to serve, of good character, able to speak and read the English language understandingly, and to write it legibly, and who does not possess a general knowledge of the duties of the office to which he is elected or appointed, or who is a candidate for any office to be voted for by the electors of the district in which he is to serve; or, who has been convicted of a felony and not restored to citizen- ship, or who holds any public office except notary public or com- missioner of deeds, towns or village assessor, justice of the peace, village trustee, water commissioner, officer of a school district, overseer of highway, whether elected or appointed or who is em- ployed in any public office or by any public officer whose services are paid for out of the public money other than is excepted herein. Each class of such officers shall be equally divided between the two political parties which at the general election next preceding that for which such officers are to serve, cast the highest and the next highest number of votes. Where election officers are ap- pointed the qualifications required of them by this section shall be determined by an examination by or under the direction of the appointing board or officer. Election Law, § 11, as amended by Laws 1899, chap. 630; Laws 1901, chaps, 95, 536. Failure to take oath does not invalidate election. People v. Cook, 8 N. Y. 84. § 1509. Election officers in towns.—Inspectors of election in towns shall be appointed by the town board in each year in which a town is held for the election of town officers, and within thirty days thereafter. Such appointment shall be made from lists to be prepared, certified and filed in the manner hereinafter pro- vided, by the two political parties entitled to representation on a board of election officers. The town caucus or primary held by each such political party for the purpose of nominating town 984 CH. xxx.] ELECTION LAW. Election Officers in Towns (Continued.) § 1509 officers shall prepare a list ee the names of at least two persons, qualified to serve as inspectors of election, for each elec- tion district in said town, which lists shall be certified by the pre- siding officer and a secretary of said caucus or primary, and filed with the town clerk in the same manner and at the same time as the party certificate of nomination filed by said party. From each of the two lists so filed, the town board shall appoint two persons who possess the qualifications prescribed by law for elec- tion officers. If in any town more than one such list be sub- mitted on behalf or in the name of the same political party, only that list can be accepted which is certified by the proper officer or officers of the faction of such party which was recognized as regular by the last preceding state convention of such party; or if no such convention was held during the year, by the proper offi- cer or officers of the faction of such party, which, at the time of the filing of such list is recognized as regular by the state com- mittee of such party. Such appointment shall be made in writ- ing and filed with the town clerk who shall forthwith notify each person so appointed of his appointment to said office, in the same manner that he is now by law required to give notice to a person of his election to a town office when his name does not appear upon the poll list at the town meeting at which he was elected to said office. From the additional names, if any, contained on the lists so filed, of persons qualified to serve as such, the town board shall appoint inspectors of election in case of the resig- nation, declination or other incapacity of persons appointed to such office. If such lists contain no additional names of such persons, the town board shall file vacancies caused by such resig- nation, declination or other incapacity by appointing persons known, or proved to the satisfaction of a majority of the members of said board to be members of the same political party in which such vacancy occurred. All appointments to fill vacancies shall be made in writing and filed with the town clerk, and notices thereof given by him as hereinbefore provided in the case of an original appointment. At the first meeting in each year of the’ board of inspectors in every district in a town, one poll clerk and’ one ballot clerk shall be appointed by the two inspectors of elec- tion representing one of the political parties entitled to represen- tation on such board, and one poll clerk and one ballot clerk shall be appointed by the two inspectors representing the other political party. Such appointments shall be in writing, signed by the in- 985 ELECTION LAW. [Ci xxx. § 1510 Same, Ballot Boxes. spectors making the appointments respectively, and shall be filed by them with the town clerk of the town in which such election district is situated, and a copy thereof with the postoftice address of each person so appointed shall be mailed to the clerk of the county. The poll clerks and ballot clerks so appointed shall hold their office during the term of office of the inspectors appointing them, except as hereafter provided. The persons so appointed as poll clerks and ballot clerks shall be voters in the district in which they are appointed to serve, and shall possess the qualifications re- quired of such officers by section eleven of this act. IZf at any time of any election at which poll clerks and ballot clerks are required to be present at the polling place in any election district, the office of a poll clerk or a ballot clerk of such district shall be vacant, or a poll clerk or a ballot clerk shall be absent, the in- spectors of election in such district shall forthwith appoint a per- son to fill such vacancy. Such person so appointed shall, before he acts as such poll clerk or ballot clerk, take the constitutional and statutory oaths of office, Election Law, § 13, as amended by Laws 1898, chap. 335; Laws 1901, chap. 536. The recanvass of the votes for town officers at a biennial town meeting held at the same time as a general election is to be made from the statement of the inspectors and not recounted by the justices and town clerk. Matter of Park, 37 Mise. 133. Local elections in towns are governed by the provisions of the town law and. the provisions of the election laws are not applicable to town meetings except so far as the town law makes them apply. Matter of Larkin, 163 N. Y. 201. § 1510. Ballot boxes——There shall be but one ballot box at each polling place for receiving all ballots cast for candidates for office, which box shall be conspicuously marked “box for general ballots.” There also shall be a ballot box for the reception of ballots found to be defective in printing, or mutilated before de- livery to electors, and for ballots spoiled and returned by electors, which box shall be conspicuously marked “box for spoiled and mutilated ballots.” There shall also be a box for detached ballot stubs, which box shall be conspicuously marked, “ box for detached ballot stubs.” If proposed constitutional amendments, or other propositions or questions may be lawfully voted upon thereat, there shall be a separate ballot box at each polling place for the reception of ballots upon such amendments or propositions, or questions, which box shall be conspicuously marked, “ box for ques- 986 CH. Xxx. ] ELECTION LAW. Officers Providing Ballots and Stationery. § 1511 tions submitted.” In towns in which town meetings are held on election day, an additional ballot box shall be provided, to be marked “ box for town propositions,’’ in which shall be deposited ballots cast on town propositions and questions. In towns in which town meetings are held on election day in an even num- bered year an additional ballot box shall be provided to be marked “box for town ballots,” in which shall be deposited ballots cast for candidates for town offices. Each box used for the reception of voted ballots shall be provided with a sufficient lock and key, and with an opening in the top thereof large enough, and not larger than may be necessary to allow a single folded ballot to be easily passed through such opening into the box. Each box shall be large enough to properly receive and hold all ballots which may lawfully be deposited therein at any election. Election Law, § 16, as amended by Laws 1900, chap. 381; Laws 1902, chap. 405; Laws 1904, chap. 733. See also § 396 ante. Ballots in wrong box to be counted. Election Law, § 110. 8 1511. Officers providing ballots and stationery —The clerk of each county, except the county of Erie and those counties the whole of which are within the city of New York, and in the county of Erie the commissioner of elections, shall provide the requisite number of official and sample ballots, cards of instruction, two poll books, distance markers, two tally sheets, inspectors’ and ballot clerks’ return sheets (three of each kind and one of each to be marked “ original’), pens, penholders, ink, pencils having black lead, blotting paper, sealing wax and such other articles of stationery as may be necessary for the proper conduct of the elec- tion, and the canvass of the votes, for each: election district in such county and not within the city of New York, for each election to be held thereat, except that when town meetings, city or village elections and elections for school officers are not held at the same time as a general election the clerk of such town, city or village respectively, except in the city of Buffalo shall provide such offi- cial and sample ballots and stationery for such election or town meeting. If the town meeting is held. on general eleetion day bal- lots and sample ballots for town propositions shall be provided by the town clerk in like manner and in the same form as at a town meeting held at any other time and such town clerk shall also furnish inspectors’ and ballot clerks’ return sheets for making re- 987 ELECTION LAW, ° [Cu. xxx. § 1512 Same, Payment of Election Expenses.- turns on town propositions or questions. In towns in which town meetings are held at the time of the general election in an odd numbered year, the names of candidates for town offices shall be printed on the same ballots as the names of candidates for other offices voted for in such towns at such general elections. In towns in which town meetings are held on general election day in an even numbered year, the names of candidates for town ofti- cers shall be printed on separate ballots; such ballots and sample ballots for town officers shall be provided by the town clerk in like manner and in the same form as at a town meeting held at any other time, and such town clerk shall also furnish inspectors’ and ballot clerks’ return sheets for making returns of votes cast for candidates for town offices at such an election, and. the expense of furnishing such ballots, sample ballots and return sheets shall be a town charge. And the board of elections of the city of New York, and in the city of Buffalo the commissioner of elections, shall provide such articles for each election to be held in said city. Each officer or board charged with the duty of providing official ballots for any polling place, shall have sample ballots and official ballots provided, and in the possession of such officer or board, and open to public inspection as follows: The sample ballots five days before the election, and the official ballots four days before the election for which they are prepared unless pre- pared for a village election or town meeting held at a different. time from a general election, in which case the official ballot shall be so printed and in possession at least one day, and the sample ballots at least two days before such election or town meeting. During the times within which the same are open for inspection as aforesaid, it shall be the duty of the officer or board charged by law with the duty of preparing the same, to deliver a sample ballot of the kind to be voted in his district to each qualified elec- tor who shall apply therefor, so that each elector who may desire the same may obtain a sample ballot, similar except as regards color and the number on the stub, to the official ballot to be voted at the polling place at which he is entitled to vote. Election Law, § 86, as am’d by Laws 1897, chap. 379; Laws 1900, chap. 381; Laws 190], chaps. 95 and 615; Laws 1902, chaps. 176, and 405, and Laws 1905, chap. 643. § 1512. Payment of election expenses—The expense of provid- ing polling places, voting booths, supplies therefor, guard rails and other furniture of the polling place, and distance markers, and the 988 Cu. Xxx.] ELECTION LAW. Payment of Election Expenses. § 1512 compensation of the election officers in each election district, shall be a charge upon the town or city in which such election district is situated except that such expenses incurred for the purpose of con- ducting a village election, not held at the same time as a general election, shall be a charge upon the village. The expense of print- ing and delivering the official ballots, sample ballots and cards of instruction, poll books, tally sheets, return sheets for inspectors and ballot clerks, and distance markers to be used at a town meet- ing, city or village elections not held at the same time as a general election, and of printing a list of nominations therefor shall be a charge upon the town, city or village in which the election is held. The expense of printing and delivering the official ballots, sample ballots and cards of instruction, poll books, tally sheets, return sheets for inspectors and ballot clerks, and distance markers to be used in any county, except such counties or portions thereof as are included within the city of New York, at any other election, if no town meeting, city or village election be held at the same time therewith, and of printing the lists of nominations therefor, shall be a charge upon such county. The expense of printing and de- livering the official ballots, sample ballots and ecards of instruc- tion, poll books, tally sheets, return sheets for inspectors and ballot clerks, and distance markers, to be used in any such county at any other election, and of printing the list of nominations therefor, if the town meeting, city or village election be held in such county at the same time therewith, shall be apportioned by the county clerk between such town, city or village and such county, in the proportion of the number of candidates for town, city or village officers on such ballots, respectively, to the whole number of candidates thereon, and the amount of such expense so apportioned to each such municipality shall be a charge thereon. Whenever voting machines are used in an election by any city, town or village, only such expenses as are caused by the use of such machines, and such as are necessary for the proper conduct of the elections as required by the election law shall be charged to such city, town or village. All expenses relating to or con- nected with elections lawfully incurred by the board of elections of the city of New York shall be a charge on such city, and after being audited by the proper officer, shall be paid by the comp- troller of said city upon the certificate of such board. The county clerk of each county, not salaried, shall be paid by such county a reasonable compensation for his services in carrying out the pro- 989 ELECTION LAW, [Cu. xxx. § 1513 Same, Original Canvass and Certified Copies. visions of this chapter, to be fixed by the board of supervisors of the county, or the board acting as such board of supervisurs. The town clerk of each town shall be paid by such town a reason- able compensation for his services in carrying out the provisions of this chapter, to be fixed by the other members of the town board of the town. Ballot clerks shall receive the same com- pensation for their attendance at an election, as inspectors of election for the election, and be paid in like manner. Poll clerks shall receive the same compensation for their attendance at an election and canvass of the votes as inspectors of election and shall be paid in like manner. An inspector of election, lawfully required to file papers in the county clerk’s office, shall, unless he resides in the county, if within the city of New York, or in any other city or town in which such office is situated, be entitled to receive as compensation therefor five dollars, and also four cents a mile for every mile actually and necessarily traveled be- tween his residence and such county clerk’s office in going to and returning from such office. In cities of the first class, having a population of two million or more inhabitants the persons ap- pointed and serving as inspectors of election shall receive seven dollars and fifty cents for the hours fixed by law for each day of registration, and of revision of registration for a special clec- tion, and seven dollars for the hours fixed by law for the election, and five dollars for the count and return of the votes. The poll clerks in such city shall each reccive the same compensation as inspectors for the election and for the count of the votes, and the ballot clerks shall receive eight dollars each. Such officers shall be paid by the comptrollers of the respective cities upon the certificate of the board or officer appointing them. Election officers required to meet at a different time from the regular count of the votes cast at a general election for the purpose of counting and returning the votes of electors absent from their election districts in time of war in the actual military or naval service of this state or of the United States shall be paid five dollars each. Election Law, § 18, as amended by Laws 1900, chap. 711; Laws 1901, chap. 95. Compensation in towns, see Town Laws, § 178. § 1513. Original statement of canvass and certified copies— Upon the completion of the canvass, the board of inspectors of election shall make and sign an original statement thereof show- 990 CH. xxx. ] ELECTION LAW. Original Canvass and Certified Copies (Continued.) § 1513 ing the kind of election; the date when held; the number of the election district; the town or ward, and the city and county in which it was held, on the first page or pages of which there shall be return of the ballots voted, following which there shall be a separate return for each office of the votes cast for each candidate therefor in the form prescribed for such returns and statement in section eighty-four of the election law. At the end of the last detailed statement of votes cast for candidates, they shall add a statement of the number of general ballots protested as “ marked for identification,” which hallots shall be indorsed by the inspect- “protested as marked for identification,” specifying the mark or marking to which objection is made over their signatures, and all of which shall be counted for the several candidates voted for thereon. The inspectors shall also make as a part of their original statement a return of the number of void ballots rejected by them, and on such ballots no vote can be counted for any candidate. Each such ballot so declared void by the inspectors shall be in- dorsed upon the back thereof with the specific reason for such re- jection. Such void ballots shall, together with the ballots which were protested as being marked for identification, be secured in a separate sealed package, which shall be indorsed on the outside thereof with the names of the inspectors, the designation of the election district, and the number and kind of ballots contained therein. Such package shall be filed by the chairman of the board of inspectors with the original statement of the canvass. Tf ballots are voted on any constitutional amendment, proposition or question, a similar return of the ballots and votes cast thereon shall be made and ineluded as a part of such original statement. Such inspectors shall, whenever unofficial ballots are voted, re- turn all of such ballots in the package with the void and protested ballots. At the end of each return contained in such original statement of the canvass, and also at the bottom of each sheet, or half sheet thereof, the inspectors shall make and sign a certifi- cate that the foregoing statement is correct. If any inspector, poll clerk or ballot clerk shall refuse to sign any return required of him by the election law he must state the grounds upon which such refusal is based upon such return over his signature. Unless such an election be an election of town, village or school officers, held at a different time from a general election, such inspectors shall forthwith and before adjourning and. taking any recess make - two certified copies of such original certified statement of the 991 ELECTION LAW. [Cu. xxx. § 1514 Same, Delivery and Filing of Papers, ete. result of the canvass. Forthwith upon the completion of such original statement and of such certified copies thereof, and the proclamation of the result of the election as to each candidate, the ballots voted, except the void and protested ballots, shall be re- placed’ in the box from which they were taken, together with a statement as to the number of such ballots so replaced. Each such box shall be securely locked and sealed, and shall be deposited with the officer or board furnishing such boxes. They shall be preserved inviolate for six months after such election and may be opened and their contents examined upon the order of the supreme court or a justice thereof, or a county judge of such county, and at the expiration of such time the ballots may be disposed of in the discretion of the officer or board having charge of them. Election Law, § 111. The original statements and the certified copies are to be securely. and separately sealed with sealing wax, in an envelope indorsd on the outside by the inspectors and “shall be kept inviolate by the officers, or board with whom they are filed until delivered together with the sealed pacages of void and protested ballots, to the county or city board of canvassers. Id., § 112. New statement by canvass by inspectors is void. People ex rel. Russell v. Board, 46 Hun, 390; People ex rel. Fisk v. Devermann, 83 Hun, 181. _ Erasures or alterations in statements do not create presumptions of fraud, or signing in blank and afterwards filled up. People ex rel. Stone v. Minnick, 21 N. Y. 539. Canvassers should affix ballots to statement before signing it. Matter of Kline, 17 Misc. 672; People ex rel. Bush v. Bd. of C., 66 Hun, 265. Ballots do not control contents of certificate. People ex rel. Noyes v. Canvassers, 126 N. Y. 392. § 1514. Delivery and filing of papers relating to the election. — If the election be other than an election of town, city, village or school officers, held at a different time from a general election, the chairman of the board of inspectors of each election dis- trict, except in The City of New York and county of Erie, shall forthwith upon the completion of such certified original statement of the result, deliver one certified copy thereof to the supervisor of the town in which the election, if outside of a city, is situated, and if in a city, to one of the supervisors of said city. If there be no supervisor, or he be absent or unable to attend the 992 CH. Xxx.] ELECTION LAW. Delivery and Filing of Papers, etc. (Continued.) § 1514 meeting of the county board of canvassers, such certified copy shall be forthwith delivered to an assessor of such town or city. One certified copy of such original statement of the result of the can- vass, the poll-books of such election, and one of the tally sheets, shall be forthwith filed by such inspectors, or by one of them de- puted for that purpose, with the town clerk of such town, or the city clerk of such city, as the case may be. The original certified statement of the result of the canvass, with the original ballot re- turned, prepared by the ballot clerk, attached, the sealed package of void and protested ballots, the record as to challenged and as- sisted voters, and the sealed packages of detached stubs and un- voted ballots, and one of the tally sheets shall, within twenty- four hours after the completion of such canvass, be filed by the ‘chairman of the board of inspectors, with the county clerk of the ‘county in which the election district is situated. The registcr of electors and public copy thereof shall be filed as prescribed in section thirty-five of this act. The county clerk shall not be re- quired to keep on file the papers required to be filed with him herein provided for a period of more than three years unless other- wise directed by the district attorney of the county or a judge or justice of a court of record. Election Laws, § 113, subd. 1, as am’d by Laws 1905, ch. 643. In The City of New York the original statement of canvass and the sealed package of void and protested ballots shall be filed py the chairman of the board of inspectors within twenty-four hours after the completion of the canvass with the county clerk of the county within which the election district is located together with one of the poll-books and one of the tally-sheets, properly certified by the poll clerks. One certified copy of such original statement, one poll-book and one tally-sheet shall be filed within such time with the board of elections, and with the chief clerk of the branch office of the board of elections as the case may be, in the borough within which the election district is located by an inspector designated by the board of inspectors for that duty, and the other certified copy of such original statement with the city clerk, by an inspector designated by the board of in- spectors for that duty. In election districts in the city of New York, the boards of inspectors of election must, at the same time they make and sign the aforesaid original statement and certified copies thereof, make a certified copy of so much thereof as relates to any candidate for member of assembly, senator or representative 63 993 ELECTION LAW. [CH. xxx. 1515 County Board of Canvassers, y in congress, voted for in said election district, and also in any part: of any county not within the city of New York, and such certi- fied copy must, within twenty-four hours after the completion of the canvass by the inspectors, be filed by the chairman of the board of inspectors, with the clerk of the county outside of the city of New York of which such officers or any of them are voted for at such election. The sealed packages of detached stubs, and ballots not used at the election shall, in the city of New York, be given by the inspectors to the police, who shaJl return them to the bureau of elections of the borough within which the election district is located. All such packages of detached stubs and unused ballots shall be preserved inviolate in the office in which they are filed, for a period of six months from the time of filing thereof, and may be opened and examined upon the order of the supreme court or a justice thereof, or a county judge within such county, or by a com- mittee of the legislature, and at the expiration of such time may be disposed of in the discretion of the officer or board having custody of the same. Election Law, § 113, subd. 2. as amended by Laws 1897, chap. 379; Laws. 1901, chap. 95; Laws 1905, chaps. 165 and 643. § 1515. Organization of county board of canvassers.—The board of supervisors of each county shall be the county board of can- vassers of such county. The county board of canvassers of the counties wholly or partly within the city of New York shall he the city board of canvassers of the city of New York within their respective counties. The county board of canvassers of a county containing a city of the second class shall be the city board of such city. The county board of canvassers of the respective coun- ties shall meet Thursday next after each clection of public officers held in such county other than an election of town, city, village or district school officers held at a different time from a general election, in the county of Erie the board of county canvassers shall meet at the usual place of meeting of the board of supervisors and in all other counties at the office of the county clerk. Upon such meeting they shall choose one of their number chairman of such board in the county of Erie the commissioner of election shall be secretary of the board of county canvassers and in all other coun- ties the county clerk or if he be absent or unable to act, the deputy county clerk of such county, shall be the secretary of such board. The secretary of the board shall thereupon administer the consti- tutional oath of office to the chairman of the board, who shall then 994 Cu. xxx.] ELECTION LAW. Production of Original Statements, Copies, ete. § 1516 administer such oath to each member, and to the secretary of the board. A majority of the members of any board of canvassers shall constitute a quorum thereof. If, on the day fixed for such meeting, a majority of any such board shall not attend, the mem- bers of the board then present shall elect the chairman of the board and adjourn to some convenient hour of the next day. If such board, or a majority thereof, shall fail or neglect to meet within two days after the time fixed for organizing such board, the supreme court, or any justice thercof, or county judge within such county, may compel the members thereof by writ of man- damus to meet and organize forthwith. Election Law, § 130, as amended by Laws 1897, chap. 379; Laws 1901, chap. 208; Laws 1905, chap. 643. § 1516. Production of original statements and copies thereof.— As soon as such board of county canvassers shall have been organized, the officer with which they were filed, shall deliver to such board of canvasser all the original statements of canvass received from inspectors of election for districts within the county for which said board are county or city canvassers. The copies of the original statements which have been delivered to members of the board of assessors shall then be delivered to the board. If any member of the county board of canvassers shall be unable to at- tend the first meeting of such board, he shall, at or before such meeting, cause to be delivered to the secretary of such board all such copies of original statements delivered to him, and any original statement that may have come into his possession. If, at the first meeting of a county board of canvassers of any county, all such original statements of the result of the canvass of the votes cast at such election in all the election districts in the county shall not be produced before the board, it shall adjourn to some con- venient hour of the same or the next day, and the secretary of such board shall, by special messenger or otherwise, obtain such missing original statements, if possible, otherwise he shall pro- cure one of the certified copies thereof in time to be produced be- fore such board at its next meeting. At such first meeting, or as soon as an original statement of the result of the canvass of the votes cast at such election in every election district of the county shall be produced before such board, or a copy thereof, in case the original cannot be produced, the board shall, from such original statements and certified copies, proceed to canvass the votes cast in such county at such election. 995 ELECTION LAW. [Cu. xxx. §§ 1517, 1518 Correction in Election Districts, State or County Boards, ete, Election Law, § 131, as am’d by chap .379, Laws 1897. See Decisions, § 905, ante. Basis of estimate is the official statement before the Board. People ex rel. Mayes v. Canvassers, 126 N. Y. 392. But see Matter of Stewart, 155 N. Y. 545. The Board of Canvassers act ministerially and not judicially. Id., People ex rel. Blodgett v. Board, 44 St. Rep. 738; Matter of Woods, 5 Mise. 575; People ex rel. Dirby v. Rice, 129 N. Y. 461. See Matter of Hart, 161 N. Y. 507. Tally-sheet and not original statement is the best evidence of the election. Matter of Stewart, 155 N. Y. 545. § 1517. Correction of clerical errors in election district state- ments.—If, upon proceeding to canvass such votes, it shall clearly appear to any county board of canvassers that certain matters are omitted from any such statement or copy, which should have been inserted, or that any merely clerical mistakes exist therein, they shall have power, and such power is hereby given, to summon the inspectors of election whose names are subscribed thercto, before such board, and such inspectors shall forthwith meet and make such correction as the facts of the case require; but such inspectors shall not change or alter any decision before made by them, but shall only cause their canvass to be correctly stated. The board of county canvassers may adjourn from day to day not exceeding three days in all, for the purpose of obtaining and receiving such corrected statements. Election Law, § 132; 1 R. S. 1029. Statement may be sent back for correction, but not recanvass. People ex rel. Mayes v. Canvassers, 126 N. Y. 392; People ex rel. Fiske v. Devermann, 83 Hun, 181; In re Alderman, 49 N. Y. Supp. 241. Mandamus will have to compel returns to be sent back. People ex rel. Meno. v. Board, 129 N. Y. 469; People ex rel. Rantor v. Syracuse, 88 Hun, 203, § 1518. Correction in State or county board of canvassers’ state- ments.—The supreme court may, upon affidavit presented by any elector, showing that errors have occurred in any statement or determination made by the State board of canvassers, or by any board of county canvassers, or that any such board has failed to act in conformity to law, make an order requiring such board to correct such errors, or perform its duty in the manner prescribed by law, or show cause why such corrections should not be made or such duty performed. If such board shall fail or neglect to make such correction, or perform such duty, or show cause as aforesaid, the court may compel such board, by writ of mandamus, to cor- 996 CH. Xxx.] ELECTION LAW. Proceedings of State Board Upon Corrected Statements, ete. § 1519 rect such errors or perform such duty; and if it shall have made its determination and dissolved, to reconvene for the purpose of making such corrections or performing such duty. Such meeting of the board of State or county canvassers shall be deemed a con- tinuation of its regular session, for the purpose of making such corrections, or otherwise acting as the court may order, and the statements and certificates shall be made and filed as the court shall direct, and shall stand in lieu of the original certificates and statements so far as they shall vary therefrom, and shall in all places be treated with the same effect as if such corrected state- ment has been a part of the original required by law. A special proceeding authorized by this section must be commenced within four months after the statement or determination in which it is claimed errors have occurred was made, or within four months after it was the duty of the board to act in the particular or par- ticulars as to which it is claimed to have failed to perform its duty. Election Law, § 133; 1 R. 8. 1029. § 1519. Proceedings of State board of canvassers upon corrected statements.—When a new or corrected statement or certificate made by a board of county canvassers, under the provisions of the preceding section, shall vary from the original statement or cer- tificate with reference to votes for the offices of governor, lieuten- ant-governor, judge of the court of appeals, justice of the supreme court, secretary of State, comptroller, State treasurer, attorney- general, State engineer and surveyor, senator or representative in congress, or either of them, the county clerk, or other officer with whom the same is filed, shall forthwith prepare and transmit certi- fied copies thereof to the officials mentioned in section one hundred and thirty-seven of this act, in the manner therein prescribed. The secretary of State shall thereupon file in his office the certified statement received by him, and obtain from the governor and comptroller the certified statements received by them, or either of them, and file the same in his office. He shall then, and within five days after any such certified copy of statements has been re- ceived by him, appoint a meeting of the State canvassers to be held at his office, or the office of the State treasurer or comptroller, and the said board of State canvassers shall, from such certified copies or statements, proceed to make a new statement of the whole number of votes given at the election referred to in such statement for the various offices above mentioned, or either of them, so far as 997 ELECTION LAW. [CH. xxx. § 1520 Same, Statement of Canvassers by County Board. the number of votes for any particular office or candidate has been changed by such new or corrected statements in the manner pro- vided by section one hundred and thirty-nine of this act. Upon the new or corrected statement thus made, the said board of State canvassers shall then proceed to determine and declare what per- son or persons whose votes are affected by such new or corrected statement have been, by the greatest number of votes, duly elected to the various offices, or either of them, and the statement, certifi- cate and declaration thereupon made shall stand in lieu of the or- iginal statement, declaration and certificate so far as the latter are changed by the former. The supreme court shall, upon applica- tion of a candidate interested in the result of such new or corrected statement, or of any elector in the county from which such state- ment came, and upon proof by affidavit that the same has been made and filed as herein provided, and that the State board of canvassers has neglected or refused to act thereon within the time above prescribed, require said board to act upon such new or cor- rected statement, and canvass the same as above provided, or show cause why it should not do so; and in the event of the failure of such board to act upon such new or corrected statement and canvass the same, or show cause as aforesaid, the court may compel such board by writ of mandamus to act upon and canvass such new or corrected statement, and make a statement, certificate and declara- tion in accordance therewith; and if the State board of canvassers shall have made a determination, and adjourned or dissolved be- fore receiving such new or corrected statement, the court may com- pel such board to reconvene for the purpose of carrying out its order and direction; and for that purpose the meeting of said board shall be deemed a continuance of its regular session. The State board of canvassers and the secretary of State shall re- spectively have the same powers, and discharge the same duties with reference to statements made under this section, that they have and are charged with under the provisions of section one hundred and thirty-nine and one hundred and forty of this act. Election Law, § 134; 1 R. S. 1030. § 1520. Statements of canvass by county boards—tUpon the completion by a county board of canvassers, of the canvass of votes of which original statements of canvass, or certified copies thereof, are by law required to be delivered to them, by the boards of officers with whom the same may have been filed by the in- 998 CH. xxx. ] ELECTION LAW. ‘Statement of Canvassers by County Board (Continued.) § 1520 spectors of election, they shall make separate statements thereof as follows: 1. One statement of all such votes cast for each office of elector of president and vice-president of the United States. 2. One statement of all such votes cast for each State office. 3. One statement of all such votes cast for each office of rep- resentative in congress, except that the board of canvassers in the county of New York shall not make a statement of the votes cast in any election district in said county, for any candidate for the office of assemblyman, senator or representative in congress, the candidates for which were also voted for by electors in election districts in any county not within The ‘City of New York. 4, One statement as to all such votes cast upon every proposed constitutional amendment or other proposition or question duly submitted to all the electors of the State. 5. One statement as to all the votes cast for all and each of the candidates for each office of member of assembly for which the electors of such county or any portion thereof, except as provided in the paragraph numbered three in this section, were entitled to vote at such election. 6. One statement as to all the votes cast for each county office, and office of school commissioner, for which the electors of such county, or any portion thereof, were entitled to vote at such elec- tion, and to be canvassed by them. 7. One statement as to all the votes, if any, so cast upon any proposition or question upon which only the electors of such county were entitled to vote at such election. 8. In the counties wholly or partly within The City of New York, the respective county boards shall make a separate state- ment as to the votes, if any, so cast upon any proposition or question upon which only the electors of such city were entitled to vote at such election in such county or portion thereof. Each such statement shall set forth, in words written out at length, all such votes cast for all the candidates for each such office; and if any such office was to be filled at such election by the electors of a portion only of such county all the votes cast for all the candidates for each office in any such portion of the county, designating by its proper district number or other appropriate designation, the names of each such candidate and the number of votes so cast for each, the whole number of votes so cast upon any proposed constitutional amendment or other proposition or ques- 999 ELECTION LAW. [ Cu. xxx. § 1521 Same, Decision of County Board. tion, and of all the votes so cast in favor of and against the same respectively. In the counties wholly or partly within The City of New York the respective county boards shall make a separate state- ment of the votes cast for all the city offices voted for by the electors of such city or any portion thereof, within such counties. If, upon such canvass, in any original statement or duly certified copy of an original statement of the result of the canvass of the votes of any election district in such county or city, there shall be included any ballot indorsed by the inspectors to the effect that it was ob- jected to as marked for identification, the county and city boards of canvassers shall add to each statement in which the counting of any such ballot or any portion thereof is included, a statement. of the whole number of ballots so indorsed and counted. If, upon such canvass, in any original statement or duly certified copy of an original statement of the result of the canvass of the votes of any election district there shall be included any ballot indorsed by the inspectors to the effect that it was rejected as void, the county and city boards of canvassers shall add to each statement, a state- ment of the whole number of ballots so indorsed. The statements required by this section shall each be certified as correct over the signatures of the members of the board, or a majority of them, and shall be filed and recorder in the office of the county clerk of such county. When the whole canvass shall be completed, the original statements of canvass and certified copies used thereat shall be filed in the office of the secretary of the board. The certi- fied copies of such original statement of canvass not used at the canvass and the sealed packages of void and protested ballots shall be retained in the office in which or by the officer with whom they were filed. The sealed packages of void and protested ballots shall be retained inviolate in the office in which they are filed sub- ject to the order and examination of a court of competent jurisdic- tion and may be destroyed at the end of six months from the time of the completion of such canvass, unless otherwise ordered by a court of competent jurisdiction. Election Law, § 135, as am’d by chap. 379, Laws 1897. § 1521. Decisions of county board as to persons elected.—Upon the completion of the statements required by section one hundred and thirty-five of this act the board of canvassers for each county shall determine what person has by the greatest number of votes so elected to each office of member of assembly to be filled by the 1000 Cu. xxx.] ELECTION LAW. Decision of County Board (Continued.) § 1521 electors of each county for which they are county canvassers if constituting one assembly district, or in each assembly district therein, if there be more than one, and each person elected by the greatest number of votes to each county office of such county to be filled at such election, and if there be more than one school com- missioner district in such county, each person elected by the great- est number of votes to the office of school commissioner to be filled at such election in each such district. The county clerk of the county of Hamilton shall forthwith transmit to the county clerk of the county of Fulton, a certified copy of the statement so filed and record it in his office, of the county board of canvassers of Hamilton county, as to all the votes so cast in Hamilton county for all the candidates and for each of the candidates for the office of member of assembly of the assembly district composed of Ful- ton and Hamilton counties; and the county clerk of Fulton county shall forthwith deliver the same to the Fulton county board of canvassers, who shall from such certified copy, and from their own statement as to the votes so cast for such office in Fulton county, determine what person was at such election elected by the greatest number of votes to such office. Such board of each county shall determine whether any proposition or question sub- mitted to the electors of such county only, has by the greatest number of votes been adopted or rejected. All such determina- tions shall be reduced to writing and signed by the members of such board, or a majority of them, and filed and recorded in the office of the county clerk of such county except in the county of Erie and in the county of Erie in the office of Commissioner of Elections, who shall cause a copy thereof, and of the statements filed and recorded in his office, upon which such determination was based, to be published in accordance with the provisions of sections twenty-one and twenty-two of the county law. The clerk of each county except in the county of Erie and in the county of Erie the Commissioner of Elections shall prepare as many certified’ copies of each certificate of the determination of the county board.of canvassers of such county as there are persons declared elected in such certificate, and shall, without delay, trans- mit such copies to the persons therein declared to be elected, re- spectively. Election Law, § 136, as am’d by chap. 379, Laws 1897; Laws 1905, chap. 643. : 1001 ELECTION LAW. [CH. XXX. § 1522 Transmission of Statement to Secretary of State. § 1522. Transmission of statements of county boards to secre- tary of state and board of elections—Upon the filing in the office of the county clerk or commissioner of elections of a statement of the county board of canvassers as to the votes cast for candi- dates for the offices of electors of president and vice-president, or as to the votes cast for candidates for state officers, except member of assembly and for representative in congress, or as to the votes cast on any proposed constitutional amendment or other proposition or question submitted to all the electors of the state, such county clerk or commissioner of elections shall forth- with make three certified copies of each such statement, and, within five days after the filing thereof in his office, transmit by mail one of such copies to the secretary of state, one to the gov- ernor and one to the comptroller of the state. The governor and comptroller shall forthwith upon the receipt thereof by them de- liver such certified copies to the secretary of state. If any certi- fied copy shall not be received by the secretary of state on or be- fore the last day of November next after a general election, or within twenty days after a special election, he shall dispatch a special messenger to obtain such certified copy from the county clerk or commissioner of elections required to transmit the same, and such county clerk or commissioner of elections shall immedi- ately upon demand of such messenger at his office make and de- liver such a certified copy to such messenger who shall, as soon as practicable, deliver it to the secretary of state. The county clerk of each county except in the county of Erie and in the county of Erie the commissioner of elections shall transmit to the secretary of state, within twenty days after a general elec- tion, and within ten days after a special election, a list of the name and residence of each person determined by the board of county canvassers of such county to be elected member of assem- bly, school commissioner, and to any county office; and on or be- fore the fifteenth day of December in each year a certified tabu- lated statement of the official canvass of the votes cast in each such county by election districts at the last preceding general election. The secretary of state shall obtain from the governor and comp- troller such certified copies so transmitted to them and file the same in his office. Upon the filing in the office of the county clerk of a county wholly or partly within the city of New York of a statement of the county board of canvassers as to the votes cast for candidates for a city office within such city such county 4 1002 CH. XXX.] ELECTION LAW. Official Canvass, Board of County Canvassers. §§ 1523, 1524 clerk shall forthwith make a certified copy of each such statement’ and, within five days after the filing thereof in his office, deliver in a sealed envelope such certified copy to the board of elections of the city of New York; on or before the fifteenth day of De- ember in any year in which there shall have been an election for a city office for which votes were cast in such county within the city of New York the county clerk thereof shall file with the city clerk of such city a certified copy of the official canvass of the votes cast in such county or portion thereof by election districts for such city office and such canvass by election districts shall, as goon as possible thereafter, be published in the City Record. Election Law, § 136, as am’d by Laws 1900, chap. 732; Laws 1901, chap. 95; Laws 1905, chap. 643. § 1523. Official canvass. For form of, see page 1007. § 1524. Board of county canvassers—A board of county can- vassers organized under the Election Laws of the State although composed of town officers do not meet as such or to perform du- ties relating exclusively to town or county matters, but meet as a distinct board for a specific service. They bear the name in- dicative of their duties, take the constitutional oath of office, choose one of their number chairman, the county clerk being ex officio secretary, and perform the statutory duties assigned them. By law they are required to cause a copy of their determination to be published with a statement upon which the determination was made. Hankins v. Mayor, 64 N. Y. 20. _If the county clerk and his deputy are both absent the board has power to appoint a secretary to perform the duties. If the county clerk or the deputy refuses to perform his duty, the board may likewise appoint a secretary in their place. People ex rel. Daly v. Rice, 129 N. Y. 449 .The duties of the canvassers are mainly ministerial. They make their canvass from the certificate of the district inspectors if it is regular on its face and deliver to the proper officers within the time allowed by law. They eannot reject the certificate nor ascertain the intent of the voters by ex- amining witnesses, and are limited to that which appears in the certificate itself. . People v. Cook, 8 N. Y. 67; People v. Jones, 17 Wend. 81; People v. Vail, 20 Id. 12; People v. Van Slyck, 4 Cowen, 297; People v. Fer- guson, 8 Id. 102; People v. Livingston, 80 N. Y. 66; People ex rel. Kathan v. Co. Bd. of Canvassers, 75 App. Div. 114; People ex rel. Derby v. Rice, 129 N. Y. 468; People ex rel. Brink v. Way, 92 App: Div. 87; People ex rel. Williams v. Bd. of Canvassers, 105 N. Y. 305. 1003 ELECTION LAW. [CH. xxx. § 1524 Board of County Canvassers (Continued.) They have not the authority to enter upon a judicial investigation to as- certain whether a candidate is eligible or not. People ex rel. Bradley v. Shaw, 64 Hun, 356; People ex rel. Sherwood v. Bd. of Canvassers, 129 N. Y. 360, 391. They cannot pass upon the constitutionality of the statute. In re Woods, 5 Mise. 575. They cannot correct the mistakes made in the count or fraud in receiving votes by the inspectors. People ex rel. Blodgett v. Bd. of Canvassers, 44 St. Rep. 738; People v. Bd. of Canvassers, 58 How. 141; People ex rel. Greig v. Bd. of Can- vassers, 54 Hun, 595. Where the returns are not regular upon their face to show clerical error, the canvasser should require them to be corrected by the inspectors. They may summon the inspectors before them and require them to make such cor- rection as the facts would demand but such inspectors shall not change or alter any decision previously made by them, but shall only cause their can- vass to be correctly stated. Election Laws, § 132. They are only to determine from the documentary evidence before them furnished by the inspectors of election, upon which alone they may act, the number of votes given for each candidate. People ex rel. Noyes v. Bd. of Canvassers, 126 N. Y. 392; People ex rel. Blodgett v. Bd. of Canvassers, 45 St. Rep. 738; In re Woods, 5 Mise. 575; People ex rel. Derby v. Rice, 129 N. Y. 461. The returns are valid only so far as they are confined to the facts which the inspectors are required to set forth, and if they go beyond that and state other facts, such statements will be treated as mere surplusage. Ex parte Heath et al., 3 Hill, 42; People ex rel. Derby v. Rice, 129 N. Y- 461; People. ex rel. Daly v. Rice, 129 N. Y. 449. Any document attached to a return not authorized by law cannot be con- sidered by the canvassers. People v. Canvassers of Wayne County, 12 Abb. N. C. 77. Until the inspectors have completed and made the return required by law their duties have not been done nor are they functus officio although they may have adjourned sine die. People v. Comrs, 149 N. Y. 26; People ex rel, Emerson v. Buffalo, 65 ‘Hun, 302; People v. Schiellein, 95 N. Y. 124-132; People v. Shaw, 133 N. Y. 493; Gleason v. Blane, 72 St. Rep. 311; People v, Rice, 129 N. Y. 461; People v. Paine, 12 Abb. N. C. 103, 104, 107; People v. Board, 12 Abb. N. C. 95; People v. Alderman, 88 Hun, 203; People v. Cock, 8 .N. Y. 85. Where the board of canvassers have duly completed their canvass and made their certificate, their power is exhausted and they cannot afterwards re- verse their decision and make a different determination. Hadley v. Mayor of Albany, 33 N. Y. 603; People ex rel. Gaige v. Rear- don, 9 Hun, 425. If there is an accidental loss of ballots in a single election district even though it prevents a return from that district it will not prevent the board of canvassers from completing their canvass or making their return on the votes cast in districts regularly returned. Heath’s Case, 3 Hill, 42. 1004 Cu. xxx. ] ELECTION LAW. Board of County Canvassers (Continued.) § 1524 Where the board of canvassers at a town election omitted to endorse their reasons upon the back of ballots rejected as void, and omitted to place these void ballots in a sealed package and file the same with the original statement of the canvassers as prescribed by section 111 of the Election Laws, and im- properly replaced these void ballots with the others in the ballot box, where they still remain, the court will by mandamus compel the canvassers to re- convene and publicly take from the ballot box the ballots rejected as void and to endorse them, ete., and to comply with the statute. People ex rel. Maxim v. Ward, 62 App. Div. 531. Where under section 111 of the Election Law it is provided that upon the completion of the canvass the board of inspectors shall make a statement of the votes cast showing the number of ballots protested as marked for identi- fication, which shall be endorsed in a certain manner, and that the inspectors shall also show in their statement the number of void ballots rejected which shall be endorsed in certain counts, and that the void ballots together with the protested ballots shall be secured into separate sealed packages, section 114 allows a writ of peremptory mandamus requiring a re-count where the certified original statement of the result of the canvass shows that ballots counted at an election therein were objected to as marked for identification, and also where the certified original statement of the result of the canvass shows that ballots and the votes thereon have been rejected by the inspectors as void. It is held in a case in which the rejected and protested ballots were not kept in a secure place but were open to be handled by any casual visitor, and many were not in sealed packages nor properly endorsed that a man- damus for a re-count should not issue. People ex rel. Perry v. Bd. of Canvassers, 88 App. Div. 185. It is held that the town board of canvassers cannot be compelled by man- damus to open a box and make a re-count of the ballots counted therein upon an application based upon allegations of irregularity in the making of the original canvass. People ex rel. Brink v, Way, 179 N. Y. 174. Such board is not required or permitted to make such re-count nor does section 111 which authorizes a county judge or Supreme Court judge to make an order directing the opening of the boxes and the examination of their contents authorize the direction of a re-count. Id. Where a vote is not counted or returned in accordance with the statute and the ballots voted are replaced in the box from which they were taken and have been preserved inviolate as required by the election law, and the same can be re-counted and re-canvassed under the same conditions that ex- isted at the time when they were counted immediately following the close of the polls on election day, it is proper to re-issue a peremptory writ of man- damus to compel the board of inspectors to re-convene and re-count and re- canvass the ballots in the manner directed by statute, and the board of town canvassers should re-convene and re-canvass the vote for the election district in question. People ex rel. Brink v. Brink, 92 App. Div. 82. The ballot clerks’ returns not being conclusive as to the number of votes cast at an election the poll clerks are necessary parties to a proceeding to pro¢ure a re-count and re-canvass under section 84 of Election Laws. Matter of Stiles, 69 App. Div. 589. The board of canvassers has no power to determine that the votes cast for ‘several somewhat similar names were all intended for the same person, and from the result thus reached to issue a certificate of election to him, but they should certify separately the separate names and issue the certificate of election to the one entitled thereto on the face of the return. 1005 ELECTION LAW. [Cu. xxx. § 1524 Board of County Canvassers (Continued.) People ex rel. Kathan v. Co. Bd. of Canvassers, 75 App. Div. 110; People v. Ferguson, 8 Cowen, 106; People v. Cook, 8 N. Y. 67; Kortz v. Bd. of Canvassers, 12 Abb. N. C. 84. The fact that the board has adjourned will not under section 133 of the Election Law prevent the issuing of a writ of mandamus to compel them to re-convene for the purpose of making the proper return. Id. : The court has no power to direct the board of convassers of a county which has performed its duty under the statute to change the returns made by them so as to show separately the number of votes cast for the candidate for governor in a column and under an emblem of an organization which has the same candidate of another organization in order to show the number of votes cast by the former to enable it to obtain w certificate entitling it tu nominate by convention for the next election. The board has no right to go outside the returns and examine the tally sheets which are a contemporanc- ous official record for the purpose of making any statement not found in the returns. People ex rel. Boies v. County Canvassers, 79 App. Div. 514. Section 110, Subd. 2, Rule 9 of Election Law provides that a void ballot is one upon which there shall be found any mark other than the cross ‘“ X ” made for the purpose of voting. The elector made a cross “NX " mark in each circle at the head of the Republican, Democratic and Socialistic Labor ticket; he also made a cross “X” mark in the voting spaces before the names of various candidates on both the Democratic and Republican tickets but not before any names on the Socialistic Labor ticket, held that the mark at the head of that ticket made the ballot void, it not having been made for the purpose of voting within the above section. Matter of Holmes, 30 Misc. 127. A ballot is void which has @. single short line in one party circle and an “X ” mark in another. People ex rel. Obert v. Bourke, 30 Mise. 461. A ballot containing a partially ezased cross mark must be rejected. Pur- ple lead must not be used to make « cross mark. A ballot with one or more names of candidates erased with a pencil is void and the court may »o determine though they were returned as protested because marked for identification. Id. A ballot containing at the head of one of the columns of names a con- fused assemblage of crisscross marks, held not to be a valid ballot. Thatcher v. Lent, 71 App. Div. 483. Where a ballot has been mutilated by having a strip torn off horizontally from the bottom containing the name of several candidates, held that it not appearing that the mutilation was done by the electors they would not he disfranchised for the act is presumed to be that of the inspectors. Thatcher v. Lent, 71 App. Div. 483. é For the various authorities of the court to order inspection of ballots, sce Matter of Van Cock, 34 Mise. 411; Matter of Election of Board of Assembly, 18 Mise. 391; Matter of Tompkins, 23 App. Div. 224; People ex rel. Courtney v. Unger, 85 A. D. 249; Matter of Kennedy, 36 Mise. 721; McShane \. Murphy, 86 App. Div. 566, 177 N. Y. 528; People ex rel. Krulish v. Fornes, 175 N. Y. 114; People ex rel. Miller v. Dick, 84 App. Div. 181. 1006 ELECTION LAW. FORM OF OFFICIAL CANVASS. CH. 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BE oo i ok; SB eRe Bo Fee, 4 22208 #2 £2 5 |e Se epee GE fez 28 3 ee § EM &s §4 EO € 2 $4 28 sh £2 G45 ge a €& 5S o Ee S a o A s < Z & ‘A1YHHS ‘“LIN00 ANAUdAS AHL AO AOILsAL ‘SSVANVO ‘IVIOIALO 1007 ELECTION LAW. [ Cu. xxx, § 1524 Board of County Canvassers (Continued.) BOARD OF COUNTY CANVASSERS— JUSTICE OF THE SUPREME CouRT. STATEMENT of the Board of County Canvassers of the County of Monroe, in relation to the votes given for Justices of the Supreme Court. The Board of County Canvassers of the County of Monroe, having met at the office of the Clerk of said County on the 14th day of November, 1905, to canvass and estimate the votes given in the several election districts of ‘said County at the General Election held on the 7th day of November, in the year aforesaid, do certify as follows: That it appears on such Canvass that the whole number of votes given for the office of Justices of the Supreme Court, including all ballots endorsed “marked for identification” was ninety-five thousand four hundred eighty- MIOE - erie OE er SAN EAER PEP ES SE KEN EAE EER SA DIRELOEE REE lc 95,489 of which Nathaniel Foote received twenty-six thousand twenty-four.......... 26,024 Arthur E. Sutherland received twenty-six thousand three hundred C1Ghty-tWO: se aniseed aeeaidae sens eres euRS ee eee 26,382 John Desmond received nineteen thousand four hundred three...... 19,403 George F. Slocum received nineteen thousand seventy-one.......... 19,071 Edwin C. English received seven hundred eight.................4.. 708 George E. Milliman received six hundred ninety-one................ 691 Blanks received three thousand two hundred ten.................00- 3,210 The whole number of ballots counted as “ marked for identification ” and counted for the office of Justices of the Supreme Court, was six 6 The whole number of ballots counted and rejected as “ void” was one hundred and. Six:...cwncasonsdokiean dks eqns sesame jue eustmensras 106 We certify this statement to be correct and have caused the same to be attested by the signatures of a majority of the Members of this Board, there being 40 Members in said Board, this 20th day of November, A. D., one thousand nine hundred and five. W. L. MANNING, Chairman, M. W. NELLIGAN, CHARLES 8S. OWEN, WILLIAM S. BEARD, JOSEPH J. TOZER, JOHN H. ASHTON, GRIFF D. PALMER, GEORGE J. KNAPP, FRED F. REMMEL, WILLIAM HORCHELER, G. M. SCHWARTZ, H. B. CASH, A. EMERSON BABCOCK, Cc. A. NICHOLS, H. E. HAMIL, ISAAC PALMER, F. W. TRUESDALE, E. P. BAUMANN, State of New York, Monroe County Clerk’s Office, ss.; A. COLLINS, C. G. STARKWEATHER, A. P. BEEBE, JOSEPH AMAN, E. H. WHITE, THADDEUS DUNN, HENRY C. KENNEDY, JARED W. HOPKINS, F. A. DEFENDORI, JOHN LEMMON, C. E. SHAFER, M. E. KINSEY, C. D. NICHOLLS, GEORGE F. HARRIS, JOHN G. IDEMAN, GEORGE L. MEADE. A. WOLFF. I hereby certify that I have compared the foregoing with the original statement on file in this office, and that the same is a correct transcript therefrom and of the whole of such original. CH. Xxx. ] ELECTION LAW. Board of County Canvassers (Continued.) § 1524 Witness my hand and official seal at Rochester, N. Y., this 24th day of November, A. D., one thousand nine hundred and five. (L. 8.) JAMES L. HOTCHKISS, Clerk. BOARD OF COUNTY CANVASSERS— County OFFICERS. STATEMENT of the Board of County Canvassers of the County of Monroe in relation to the votes given for County Officers (Sheriff, County Treas- urer and School Commissioners, First and Second Districts). The Board of County Canvassers of the County of Monroe, having met at the office of the Clerk of said County on the 14th day of November, 1905, to canvass and estimate the votes given in the several election districts of said County at the General Election held on the 7th day of November, in the year aforesaid, do certify as follows: d That it appears on such Canvass that the whole number of votes given for the office of Sheriff, including all ballots endorsed “marked for identifica- tion” was forty-nine thousand four hundred sixty-seven........ 49,467 of which William H. Craig received twenty-seven thousand six hundred sixty- ONG be wa vanes a antcnasn seccarouig, dase Mech orernadtnn wuieasaid sadam Diabetes wane abt 27,661 George H. Salsbury received seventeen thousand six hundred five...... 17,605 James Sullivan received one thousand eight hundred eight.......... 1,808 William W. Kenfield received seven hundred sixteen.............. 716 Blanks received one thousand six hundred seventy-seven.......... 1,677 The whole number of ballots counted and rejected as “void” was 106 and counted for the office of Sheriff, was six..............ccc0ee 6 ‘The whole number of ballots counted and repected as “void” was one: Und Ked: BI. eis 4 8sessscnsc a -Fsss cited. Neocesrn sessbubcay aida salen ab alone CA sekeeas 106 Continue as above with each office. We certify this statement to be correct and have caused the same to be attested by the signatures of a majority of the Members of this Board, ‘there being 40 Members in said Board, this 20th day of November, 4 D., one thousand nine hundred and five. W. L. MANNING, Chairman, c. G. STARKWEATHER, M. W. NELLIGAN, ISAAC PALMER, CHARLES 8S. OWEN, JOSEPH AMAN, WILLIAM S. BEARD, E. H. WHITE, JOSEPH J. TOZER, THADDEUS DUNN, JOHN H. ASHTON, HENRY C. KENNEDY, GRIFF D. PALMER, A. P. BEEBE, GEORGE J. KNAPP, F, A. DEFENDORF, FRED F. REMMEL., JOHN LEMMON, WILLIAM HORCHELER, C. E. SHAFER, G. M. SCHWARTZ, M. E. KINSEY, H. B. CASH, JARED W. HOPKINS, A. EMERSON BABCOCK, GEORGE F. HARRIS, C. A. NICHOLS, Cc. D. NICHOLLS, H, E. HAMIL, JOHN D. IDEMAN, F. W. TRUESDALE, GEORGE L. MEADE, E. P. BAUMANN, A. WOLFF. A. COLLINS, State of New York, - Monroe County Clerk’s Office, ss.: I hereby certify that I have compared the foregoing with the original statement on file in this office, and that the same is a correct transcript therefrom and of the whole of such original. 64 1009 ELECTION LAW. [CH. xxx. § 1625 Certificate of Election. Witness my hand and official seal at Rochester, N. Y., this 24th day of November, A. D., one thousand nine hundred and five. (L. S.) JAMES L. HOTCHKISS, Clerk. § 1525. Certificate of election—Members of Assembly and Coun- ty Officers. RocHeEstTer, N. Y., November 20th, 1905. The Board of County Canvassers of the County of Monroe, having can- vassed and estimated the votes given in the several election districts in each of the Assembly Districts of said County, and in the several election districts of the said County, at a General Election held on the 7th day of November, 1905. Do hereby certify, determine and declare, That DeWitt C. Becker, by the greatest number of votes, was duly elected Member of Assembly in and for the First Assembly District in said County. That James L. Whitley, by the greatest number of votes, was duly elected Member of Assembly in and for the Second Assembly District in said County. That Robert Averill, by the greatest number of votes, was duly elected Member of Assembly in and for the Third Assembly District in said County. That Albert P. Beebe, by the greatest number of votes, was duly elected Member of Assembly in and for the Fourth Assembly District in said County. That William H. Craig, by the greatest number of votes, was duly elected Sheriff in.and for said County. That John B. Hamilton, by the greatest number of votes, was duly elected County Treasurer in and for said County. That James A. Harris, by the greatest number of votes, was duly elected School Commissioner for the First School Commissioner District in and for said County. That Fred W. Hill, by the greatest number of votes, was duly elected School Commissioner of the Second School Commissioner District in and for said County. We certify this Statement to be correct and have caused the same to be attested by the signatures of a majority of the Members of the Board, there being 40 Members in said Board, this 20th day of November, A. D., one thousand nine hundred and five. W. L. MANNING, Chairman, A. COLLINS, M. W. NELLIGAN, Cc. G. STARKWEATHER, CHARLES S. OWEN, A. P. BEEBE, WILLIAM 8. BEARD, JOSEPH AMAN, JOSEPH J. TOZER, E. H. WHITE, JOHN H. ASHTON, THADDEUS DUNN, GRIFF D. PALMER, HENRY C. KENNEDY, GEORGE J. KNAPP, JARED W. HOPKINS, FRED F. REMMEL, F, A. DEFENDORF, WILLIAM HORSCHLER, JOHN LEMMON, G. M. SCHWARTZ, C. E. SHAFER, H. B. CASH, M. E. KINSEY, A. EMERSON BABCOCK, C. D, NICHOLLS, Cc. A. NICHOLS, GEORGE F. HARRIS, H. E. HAMIL, JOHN G. IDEMAN, F. W. TRUESDALE, A. WOLFF, E. P. BAUMANN, GEORGE L. MEADE. State of New York, Monroe County Clerk’s Office, ss.: : Wurster, 152 N. C. 345. The effect of this section of the constitution is to subject the soldiers and sailors to the civil service laws but give them preference over others who have qualified and are on the list with them. Matter of Sweeley, 12 Misc. 174; Matter of Keymer, 148 N. Y..219. § 1616. Short title—This chapter shall be known as the civil service law. Civil Service Law, § 1. § 1617. Definitions—When used in this chapter, 1. The term ‘ Commission” or ‘‘ State commission” means the State Civil Service Commission. 2. The term “municipal commission”? means the municipal civil service commission of a city. 3. The “ civil service” of the State of New York or any of its civil divisions or cities includes all offices and positions of trust or employment in the service of the state or of such civil division or city, except such offices and positions in the militia and the military departments as are or may be created under the pro- visions of article eleven of the constitution. 4, The “state service ” shall include all such offices and posi- tions in the service of the state or of any of its civil divisions except a city. 5. The “city service’ vice of any city. 6. The term “ appointing officer ” signifies the officer, commis- sion, board or body having the power of appointment to subordi- nate positions in any office, court, department, commission, board, or institution. Civil Service Law, § 2. ’ shall inelude such positions in the ser- § 1618. State civil service commission—The governor is authorized to appoint, by and with the advice and consent of the senate, three persons, not more than two of whom shall be adher- 1053 THE CIVIL SERVICE LAW. [ CH. XXXII. §§ 1619, 1620 Appointment of Examiners, Accommodations. etc. ents of the same political party, as civil service commissioners, and said three commissioners shall constitute the state civil serv- ice commission. They shall hold no other official place under the state of New York. The governor may remove any commissioner, and any vacancy in the position of commissioner shall be so filled by the governor, by and with the advice and consent of the sen- ate, as to conform to said conditions for the first selection of cum- missioners. The three commissioners shall each receive a salary of three thousand dollars a year, and each of said commissioners shall be paid his necessary traveling expenses incurred in the dis- charge of his duty as commissioner. Civil Service Law, § 3, as am’d by Laws 1900, chap. 66. Effect of appointment of both political parties. See Rogers v. Buffalo, 123 N. Y. 173. § 1619. Appointment of examiners—The commission may celect suitable persons in the official service of the state or any of its civil divisions, after consulting the head of the department or office in which such persons serve, to act as examiners under its direction. Persons so selected shall be entitled to compensation from the commission for their necessary expenses occasioned by the service actually rendered, in addition to the regular service required in the department or office where they are regularly employed. The compensation of examiners shall not exceed five dollars per day, except in the case of special and expert examin- ers employed in the preparation of questions and rating of canii- dates; the commission shall not expend or authorize the expendi- ture of moneys for any purpose in excess of the sums appropri- ated therefor by Jaw. Civil Service Law, part of § 4. § 1620. Rooms and accommodations.—It shall be the duty of the trustees of public buildings to cause suitable and convenient rooms and accommodations to be assigned or provided, and to he furnished, heated and lighted, at the capitol in the city of Albany, for carrying on the work and examinations of said commission. and said commission may order the necessary stationery, postage stamps, an official seal and other articles to be supplied, and the necessary printing to be done for its official use. It shall be the iluty of the officers of the state of New York or of any civil divi- sion thereof, at any place where examinations are directed by the commission or its rules to be held, to allow the reasonable use of 1054 CH. XXXIII.] THE CIVIL SERVICE LAW. Powers and Duties of Commissioners. § 1621 public buildings, and to heat and light the same for holding such examinations, and in all proper ways to facilitate the same. Civil Service Law, § 5. § 1621. The powers and duties of the commission.—The state civil service commission shall First. Prescribe, amend and enforce suitable rules and regula- tions for carrying into effect the provisions of this act and of sec- tion nine of article five of the constitution of the state of New York, as herein provided. The rules prescribed by the state and municipal commissions pursuant to the provisions of this act -shall have the force and effect of law. Second. Keep minutes of its own proceedings and records of its. examinations and other official action. : Third. Make investigations concerning and report upon all. matters touching the enforcement and effect of the provisions of this act and the rules and regulations prescribed thereunder, con- cerning the action of any examiner or subordinate of the com- mission and any person in the public service, in respect to the execution of this act, and in the course of such investigations each. commissioner and the secretary and the chief examiner shall have power to administer oaths. Fourth. Have power to subpena and require the attendance in this state of witnesses and the production thereby of books and. papers pertinent to the investigations and inquiries hereby au- thorized and te examine them and such public records as it shall require in relation to any matter which it is required to investi- gate. And for the purposes of the examination hereby directed, the commission possesses all the powers conferred by the legisla- tive law upon a committee of the legislature or by the code of civil procedure upon a board or committee, and may invoke the power of any court of record in the state to compel the attend- ance and testifying of witnesses and the production thereby of books and papers as aforesaid. Fifth. Make an annual report to the governor for transmission to the legislature, showing its own action, the rules and regula- tions and the exceptions thereto in force, and the practical effects thereof and any suggestions it may approve for the more effectual accomplishment of the purposes of this act. Sixth. Meet in Albany at least once in each calendar month, except the month of August, and hold such other meetings as the 1055 THE CIVIL SERVICE LAW. [CH. XXXL $§ 1622, 1623 Duties of Public Officers, Classified and Unclassified, ctc. needs of the public service may require. A majority of the mem- bers of the commission shall constitute a quorum. Civil Service Law, § 6. The commissioners should prescribe suitable rules and enforce them carrying ‘into effect the provisions of the act, and those rules by force of the statute have the effect of law. People ex rel. Percival v. Cram, 29 Misc. 259. They cannot make rules relating to removals of officers whose tenure in -office is fixed by statute. People ex rel. Percival v. Cram, 164 N. Y. 166. § 1622. Duties of public officers—It shall be the duty of all officers of the state of New York or of any city or civil division thereof to conform to and comply with and to aid in all proper ways in carrying into effect the provisions of this act, and the rules and regulations proscribed thereunder and any modification thereof. No officer or officers having the power of appointment or employment shall select or appoint any person for appoint- ment, employment, promotion or reinstatement except in accord- ance with the provisions of this act and the rules and regulations prescribed thereunder. Any person employed or appointed con- trary to the provisions of this act or of the rules and regulations established thereunder, shall be paid by the officer or officers so employing or appointing, or attempting to employ or appoint, him, the compensation agreed upon for any services performed under such appointment or employment, or in case no compen- sation is agreed upon, the actual value of such services, and anv expenses incurred in connection therewith, and shall have a cause of action against such officer or officers or any of them for such sum or sums and for the costs of the action. No public officer shall be reimbursed by the state or any of its civil divisions for any sums so paid or recovered in any such action. Civil Service Law, § 7. If the officer authorized to make an affidavit refuses to perform the duty imposed by this statute, or acts in bad faith, or abuses the discretion reposed in him, he is subject to indictment or impeachment, or both, but the power of removal is not abrogated or restricted. People ex rel. Griffin v. Lathrup, 142 N. Y. 113; Higgins v. Mayor, 131 N. Y. 128. § 1623. Unclassified service; classified service—The civil -cr- vice of the state and of.each of its civil divisions and cities shall be divided into the unclassified service and the classified service. The unclassified service shall comprise all elective offices, all of- 1056 CH. XXXII] THE CIVIL SERVICE LAW. Rules for Classified State Service. § 1624 fices filled by election or appointment by the legislature on joint ballot; all persons appointed by name in any statute; all legisla- tive officers and employees, all offices filled by appointment by the governor, either upon or without confirmation by the senate, ex- cept officers and employees in the executive offices; all election officers, the head or heads of any department of the government, and persons employed in or who seek to enter the public service as superintendents, principals or teachers in a public school or academy or in a state normal school or college. The classified service shall comprise all positions not included in the unclassified service. All appointments or employments in the classified service, except. those of veterans of the civil war, honorably dis- charged from the military or naval service of the United States, shall be for a probationary term not exceeding the time fixed in the rules. Civil Service Law, § 8, as am’d by Law 1902, chap. 270. § 1624. Rules for the classified state service—Within one month after the passage of this act, the commission shall make rules for the classification of the offices, places and employments in the classified service of the state, and thereafter from time to time rules for the classification of the offices, places and employ- ments in such other civil divisions thereof, except cities, as after due inquiry by the commission shall be found practicable, and for appointments and promotions therein and examinations there- for, not inconsistent with the constitution and the provisions of this act, and shall amend the same from time to time. No ex- amination or registration shall be required of persons to be em- ployed as laborers in the state service. Such rules and any modi- fications thereof, shall take effect when approved by the governor. Due notice of the contents of such rules, and of any modifications -thereof, shall be given by mail to appointing officers and heads of departments affected thereby, and such rules shall be printed for public distribution. Subject to the provisions of this act and of the rules established thereunder, the commission shall make regu- lations for and have control of examinations for the service of the state and civil divisions thereof, except cities, and shall supervise and preserve the records of the same, but such exam- inations shall be held at least once a year in each of the following places: Albany, Amsterdam, Auburn, Binghamton, Buffalo, Dunkirk, Elmira, Geneva, Hornell, Ithaca, Jamestown, Johns- 67 1057 THE CIVIL SERVICE LAW. [CH. xxxuL §§ 1625, 1626 Classification, Exempt Class, town, Kingston, Lockport, Malone, Middletown, Newburg, New York, Ogdensburg, Olean, Oneonta, Oswego, Plattsburg, Pough- keepsie, Rochester, Saratoga, Syracuse, Utica and Watertown; and shall cover in each place all offices and positions for which competitive examinations are required, except such examinations as require special tools, machinery, appliances, or laboratory facilities. Civil Service Law, § 9. The constitution provision, art. 5, § 9, was not intended to apply to the heads of departments but only had reference to the subordinates. Chittenden v. Wuster, 152 N. Y. 345. § 1625. Classification.—The offices and positions in the classi- fied service of the state or of any city or civil division thereof for which civil service rules shall be established pursuant to this act, shall be arranged in four classes to be designated as the exempt class, the competitive class, the non-competitive class and, in cit- ies, the labor class. Civil Service Law, § 11. The civil service commission of a city is the sole judge, as to the charac- ter, fitness and qualifications of an applicant. People ex rel. Beck v. Bd. of Buffalo, 18 Misc. 533. § 1626. The exempt class—The following positions shall be included in the exempt class: 1. The deputies of principal executive officers authorized by law to act generally for and in place of their principals; 2. One secretary of each officer, board and commission author- ized by law to appoint a secretary; 3. One clerk, and one deputy clerk if authorized by law, of each court, and one clerk of each elective judicial officer ; 4. In the state service, all unskilled laborers and such skilled laborers as are not included in the competitive class or the non- competitive class; and in addition thereto there may be included in the exempt class all other subordinate officers for the filling of which competitive or non-competitive examination may be found to be not practicable. But no office or position shall be deemed to be in the exempt class unless it is specifically named in such class in the rules, and the reasons for each such exemption shall be stated separately in the annual reports of the commission. Not more than one appointment shall be made to or under the title of any such office or position, unless a different number 1058 Cu. xxxu11.] THE CIVIL SERVICE LAW. Competitive Class. § 1627 specifically mentioned in such rules. Appointments to positions in the exempt class may be made without examination. Civil Service Law, § 12. . § 1627. The competitive class—The competitive class shall in- clude all positions for which it is practicable to determine the merit and fitness of applicants by competitive examination, and shall include all positions now existing, or hereafter created, of whatever functions, designations or compensation, in each and every branch of the classified service, except such positions as are in the exempt class, the non-competitive class or the labor class. Appointments shall be made to or employment shall be given in all positions of the competitive class that are not filled by promo- tion, reinstatement, transfer or reduction, under the provisions of this act and the rules in pursuance thereof, by appointment of those graded highest in open competitive examinations conducted by the state or municipal commission, except as herein otherwise provided. The term of eligibility shall be fixed for each eligible list at not less than one nor more than four years. Appointment shall be made from the eligible list most nearly appropriate for the group in which the position to be filled is classified, and a new list shall be created for a stated position or group of positions only when there is no appropriate list existing from which ap- pointment may be made. No person shall be appointed or em- ployed under any title not appropriate to the duties to be per- ‘formed, and no person shall be transferred to, or assigned to per- form the duties of, any position subject to competitive examina- tion unless he shall have previously passed an open competitive ex- amination equivalent to that required for such position, or unless he shall have served with fidelity for at léast three years in a similar position. Appointments to positions in the state service, the du- ties of which are confined to a locality outside of Albany county, shall, so far as practicable, be made from residents of the judicial district including such locality. The examinations shall be pub- lie and shall be practical in their character, and shall relate to. those matters which will fairly test the relative capacity and fit- ness of the persons examined to discharge the duties of that ser- vice into which they seek to be appointed. Such commissions shall prepare lists of preliminary requirements and subjects of examination for the several positions or groups of positions in the competitive class and shall publish its rules and such infor- 1059 THE CIVIL SERVICE LAW. [ Cy. XxxIIL. § 1628 Exemptions from Competitive Class. mation, and advertise such examinations in such manner as the nature of the examinations may require. Each of such commis- sions shall require intending competitors to file in its office a rea- sonable length of time before the date of any examination, a for mal application in which the applicant shall state under oath: 1. His full name, residence and postoffice address. 2. His age, the place and date of his birth. 3. His health and physical capacity for the public service. 4, His right of preference by reason of military or naval ser- vice. 5. His business or employment, and residence for at least the previous five years. 6. Such other information as may reasonably be required touching the applicant’s merit and fitness for the public service. Blank forms for such applications shall be furnished by said commissions without charge to all persons requesting the same. Such commissions may require in connection with such applica- tion such certificates of citizens, physicians, public officers or others having knowledge of the applicant, as the good of the ser- vice may require. Such commissions may refuse to examine an applicant, or after examination to certify an cligible, who is found to lack any of the established preliminary requirements for the examination or position for which he applies; or who is physically so disabled as to be rendered unfit for his performance of the duties of the position to which he seeks appointment; or who is addicted to the habitual use of intoxicating beverages to excess; or who has been guilty of a crime or of infamous or notoriously disgraceful conduct; or who has been dismissed from the public service for delinquency or misconduct; or who has intentionally made a false statement of any material fact, or practiced, or attempted to practice, any deception or fraud in his application, in his examination, or in securing his eligibility or appointment. When the position to be filled involves fiduciary responsibility, the appointing officer, where otherwise permitted by law, may require the appointee to furnish a bond or other security and shall notify the state or municipal commission of the amount and nec- essary details thereof. Civil Service Law, § 13. § 1628. Exceptions from competitive examination.—Positions in the competitive class may be filled without competition as follows: 1060 CH. Xxx1I1.] THE CIVIL SERVICE LAW. Promotions, Transfers, Reinstatements and Reductions. § 1629 1. Whenever there are urgent reasons for filling a vacancy in any position in the competitive class and there is no list of per- sons eligible for appointment after competitive examination, the appointing officer may nominate a person to the state or municipal commission for non-competitive examination, and if such nominee shall be certified by such commission as qualified after such non- competitive examination, he may be appointed provisionally to fill such vacancy until a selection and appointment can be made after competitive examination, but such provisional appointment shall not continue for a longer period than two months, nor shall successive temporary appointments be made to the same position under this subdivision. 2. In case of vacancy in a position in the competitive class where peculiar and exceptional qualifications of a scientific, pro- fessional or educational character are required, and upon satis- factory evidence that for specified reasons competition in such special case is impracticable and that the position can be best filled by the selection of some designated person of high and recognized attainments in such qualities, the state or municipal commission may suspend the provisions of the rule requiring com- petition in such case, but no such suspension shall be general in its application to such place, and all such cases of suspension shall be reported in the annual reports of such commissions with the reasons for the same. 3. When the services to be rendered by an appointee in the state service are for a temporary period not to exceed one month and the need of such service is important and urgent, the appoint- ing officer may select for such temporary service any person on the proper list of those eligible for permanent appointment with- out regard to his standing on such list. Civil Service Law, § as am’d by Law 1902, chap. 355. § 1629, Promotion, transfer, reinstatement, reduction—V acan- cies in positions in the competitive class shall be filled, so far as practicable, by promotion from among persons holding positions in a lower grade in the department, office or institution in which the vacancy exists. Promotions shall be based upon merit and competition and upon the superior qualifications of the person promoted as shown by his previous service, due weight being given to seniority. For the purposes of this section an increase in the salary or other compensation of any person holding an 1061 THE CIVIL SERVICE LAW. [ CH. XXXIIL. §§ 1630, 1631 Non-Competitive Class, Roster, Report of Appointing Officer. office or position within the scope of the rules in force hereunder beyond the limit fixed for the grade in which such office or posi- tion is classified, shall be deemed a promotion. No promotion, transfer or reinstatement shall be made from a position in one class to a position in another class unless the same be specially authorized by the state or municipal commission, nor shall a per- son be promoted or transferred to a position for original entrance to which there is required by this act or the rules an examination involving essential tests or qualifications different from or higher than those required for original entrance to the position held by such person, unless he shall have passed the examination or at- tained a place upon the eligible list for such higher position. Civil Service Law, § 15. § 1630. The non-competitive class—The non-competitive class shall include such positions as are not in the exempt class or the labor class and which it is impracticable to include in the com- petitive class. Appointments to positions in the non-competitive class shall be made after such non-competitive examination as is prescribed by the rules. Civil Service Law, § 16. § 1631. Official roster; reports of appointing officers—No per- son shall be appointed to or employed in any position in the classi-: fied service of the state or of any city or civil division thereof for which rules have been prescribed pursuant to the provisions of this act,. until he has passed an examination or is shown to be es- pecially exempted from such examination in conformity with such rules and the provisions of this act. It shall be the duty of each appointing officer of the state or any such civil division thereof, except cities, to report to the state civil service commis- sion forthwith upon such appointment or employment the name of such appointee or employee, the title and character of his office or employment, the date of the commencement of service by virtue thereof and the salary or compensation thereof, and to report from time to time and upon the date of official action in or knowledge of each case, any separation of a person from the service, or other change therein, and such other information as the commission may require, in order to keep the roster herein- after mentioned. The commission shall keep in its office an ofti- cial roster of the classified civil service of the state and of each of the civil divisions thereof for which rules have been prescribed 1062 CH. XXXII. | THE CIVIL SERVICE LAW. Disbursing Officers. § 1632 pursuant to this act, except cities, and shall enter thereon the name of each ¢nd every person who has been appointed to, em- ployed, promoted or reinstated in any position in such service, upon such evidence as it may require or deem satisfactory that such person was appointed to, promoted or reinstated in the ser- vice in conformity with the provisions of law and the rules pre- scribed pursuant to this act. The official roster shall show oppo- site or in connection with each name the date of appointment, employment, promotion or reinstatement, the compensation of the position, the date of commencement of service, and date of transfer in or separation from service by dismissal, resignation, cancellation of appointment or death. In like manner the mu- nicipal commission of each city shall keep in its office an official roster of the classified civil service of such city, and shall enter thereon the name of each and every person who has been ap- pointed to, employed, promoted or reinstated in any position in such service, upon such evidence as it may require or deem satis- factory that such person was appointed to, or employed, promoted -or reinstated in the service in conformity with the provisions of Jaw and of the rules, and it shall be the duty of each appointing officer of such city to report to such municipal commission in like manner as is hereinbefore provided for reports from appointing officers to the state commission. Civil Service Law, § 18. § 1632. Disbursing officers—It shall be unlawful for the comp- troller or other fiscal officer of the state or any city or civil divi- sion thereof for which civil service rules have been prescribed ‘pursuant to this act, to draw, sign or issue, or authorize the draw- ing, signing or issuing of any warrant on the treasurer or other disbursing officer of the state or such city or civil division thereof, for the payment of, or for the treasurer or other disbursing officer of the state or of such city or civil division thereof, to pay any salary or compensation to any officer, clerk or other person in the classified service of the state or of such city or civil division thereof, unless an estimate, payroll or account for such salary or compensation, containing the names of the persons to be paid, shall bear. the certificate of the state civil service commission, or in ease of the service of a city, the certificate of the municipal civil service commission of such city, that the persons named in such estimate, payroll or account have been appointed or employed 1063 THE CIVIL SERVICE LAW. [CH. XXXII. § 1633 Preferences Allowed, Soldiers, Sailors and Marines. or promoted in pursuance of law and of the rules made in pursu- ance of law. Any officer, clerk or other person entitled to be certified by said commission, or either of them, to the comptroller, treasurer or other fiscal or disbursing officer of the state or any city or civil division thereof, as having been appointed or em- ployed in pursuance of law and of the rules made in pursuance of law, and refused such certificate, may maintain a proceeding by mandamus to compel such commission or commissions to issue such certificate. Any sums paid contrary to the provisions of this section may be recovered from any officer or officers making such appointment in contravention of the provisions of law and of the rules made in pursuance of law, or any officer signing or countersigning, or authorizing the signing or countersigning of any warrant for the payment of the same, and from the sureties on his official bond, in an action in the supreme court of the state, maintained by a citizen resident therein, who is assessed for and " is liable to pay, or within one year before the commencement of the action, has paid a tax therein. All moneys recovered in any action brought under the provisions of this section must, when collected, be paid into the treasury of the state or such civil divi- sion thereof, except that the plaintiff in any such action shall be entitled to receive for his own use the taxable costs of such action. Civil Service Law, § 19. § 1633. Preferences allowed honorably discharged soldies, sail- ors and marines.—In every public department and upon all public works of the state of New York and of the cities, counties, towns and villages thereof, honorably discharged soldiers, sailors and marines from the army and navy of the United States in the late civil war who are citizens and residents of this state, shall be entitled to preference in appointment and promotion without re- gard to their standing on any list from which such appointment or promotion may be made to all competitive and non-competitive positions, provided their qualifications and fitness shall have been ascertained as provided in this act and the rules and regulations in pursuance thereof; and the person thus preferred shall not be disqualified from holding any position in the civil service on ac- count of his age or by reason of any physical disability provided such age or disability does not render him.incompetent to perform the duties of the position applied for. Whenever any list of eli- gible persons, prepared under authority of this act, shall contain 1064 CH. XXXIII.] THE CIVIL SERVICE LAW. Power of Removal Limited. § 1634 the names of honorably discharges soldiers, sailors and marines entitled to preference as aforesaid any reference in this act or in the rules and regulations in pursuance thereof to the persons standing highest on such list shall be deemed to indicate those standing highest of those entitled to preference by the provisions of this section and such person shall be given preference on any list of registered applicants for employment in the labor service, in accordance with the dates of their several applications as though such applications had been filed prior to those of any per- sons on such lists not entitled to the preference provided by this section. A refusal to allow the preference provided for in this and the next succeeding section to any honorably discharged sol- dier, sailor or marine or a reduction of his compensation (intended. to bring about his resignation) shall be deemed a misdemeanor, and such honorably discharged soldier, sailor or marine shall have a right of action therefor in any court of competent jurisdiction for damages, and also a remedy by mandamus for righting the wrong. Civil Service Law, § 20, as am’d by Laws 1902, chap. 270. § 1634. Power of removal limited—LEvery person whose rights may be in any way prejudiced contrary to any of the provisions of this section shall be entitled to a writ of mandamus to remedy the wrong. No person holding a position by appointment or employment in the state of New York or in the several cities, counties, towns or villages thereof who is an honorably discharged soldier, sailor or marine, having served as such in the Union army or navy during the war of the rebellion, or who is an honorably discharged soldier, sailor or marine, having served as such in the volunteer army or navy of the United States during the Spanish war or who shall have served the term required by law in the vol- unteer fire department of any city, town or village in the state, or who shall have been a member thereof at the time of the dis- bandment of such volunteer fire department shall be removed from such position except for incompetency or misconduct shown after a hearing upon due notice upon stated charges, and with the right. to such employee or appointee to a review by a writ of certiorari. If the position so held by any such honorably discharged soldier, sailor or marine or volunteer fireman shall become unnecessary or be abolished for reasons of economy or otheriwse, the said hon- orably discharged soldier, sailor or marine or volunteer fireman 1065 THE CIVIL SERVICE LAW. [ CH. XXXIIL § 1634 Power of Removal Limited (Continued. ) holding the same shall not be discharged from the public service, but shall be transferred to any branch of the said service for duty in such position as he may be fitted to fill, receiving the same compensation therefor, and it is hereby made the duty of all persons clothed with power of appointment to make such transfer effective. The burden of proving incompetency or mis- conduct shall be upon the person alleging the same. In every county of the state wholly included within the limits of a city but not comprising the whole of such city, no regular clerk or head of a bureau or person holding a position in the classified state civil service, subject to competitive examination, shall be removed until he has been allowed an opportunity of making an explana- tion; and in every case of a removal the true grounds thereof shall be forthwith entered upon the records of the department of the office in which he has been employed, and a copy filed with the state civil service commission. In case of a removal, a statement showing the reasons therefor shall be filed in the department or office where such clerk, head of a bureau or person had been em- ployed. Whenever such offices, positions or employments in every county of the state hereinbefore specified are abolished or made unnecessary, it shall be the duty of the head of the de- partment or office in which such persons had been employed, to furnish the names of the person or persons affected to the state civil service commission, with a statement in the case of each of the date of his original appointment in the service. It shall be the duty of the state civil service commission forthwith to place the names of said persons upon a list of suspended employees for the office or position of * for the class of work in which they have been employed, or for any corresponding or similar office, position or class of work, and to certify the said persons for rein- statement or re-employment in the order of their original appoint- ment before making certification from any other list. The fail- ure of any person on any such list for reinstatement or re-employ- ment to accept after reasonable notice, an office or position in the same county and at the same salary or wages as the position formerly held by him, shall be held to be a relinquishment of his right to reinstatement as herein stated. Nothing in this see- tion shall be construed to apply to the position of private secre- tary, cashier or deputy of any official department. Civil Service Law, § 21, am’d by Laws 1904, chap. 697. *So in original. 1066 CH. XXX11.] THE CIVIL SERVICE LAW. Obstruction of Examinations Misdemeanor, Recommendations §§ 1635, 1636 ete. § 1635. Misdemeanor to obstruct right of examination; false representation; impersonation in examination.— Any commissioner, or examiner, or any other person who shall wilfully by himself or in co-operation with one or more persons, defeat, deceive, or ob- struct any person in respect of his or her right of examination, or registration, according to any rules or regulations prescribed pursuant to the provisions of this act, or who shall wilfully and falsely mark, grade, estimate or report upon the examination or proper standing of any person examined, registered or certified, pursuant to the provisions of this act, or aid in so doing, or who shall wilfully make any false representations concerning the same, or concerning the person examined, or who shall wilfully furnish to any person any special or secret information for the purpose of either improving or injuring the prospects or chances of any person so examined, registered or certified, or to be examined, registered or certified, or who shall personate any other person, or permit or aid in any manner any other person to personate him, in connection with any examination or registration, or applica- tion or request to be examined or registered, shall for each offense be deemed guilty of a misdemcanor. Civil Service Law, § 22. § 1636. Recommendations for appointment or promotion.—No tecommendation or question under the authority of this act shall relate to the political opinions or affiliations of any person what- ever; and no appointment or selection to or removal from an office or employment within the scope of the rules established as aforesaid, shall be in any manner affected or influenced by such opinions or affiliations. No person in the civil service of the state or of any city or civil division thereof, is for that reason under any obligation to contribute to any political fund or to render any political service, and no person shall be removed or otherwise prejudiced for refusing so to do. No person in the said civil service shall discharge or promote or reduce, or in any manner change the official rank or compensation of any other person in said service, or promise or threaten so to do for giving or withholding or neglecting to make any contribution,.of, money or’ service or any other valuable thing for any political purpose. No person in said service shall use his official authority or influ- ence to coerce the political action of any person or body, or to interfere with any election. Civil Service Law, § 23. 1067 THE CIVIL SERVICE LAW. [ CH. Xxxu §§ 1637, 1638 Political-Assessment Prohibited, Definitions, ete, § 1637. Political assessments prohibited—No officer, agent, clerk or employee under the government of the state of New York or any civil division or city thereof shall, directly or indi- rectly, use his authority or official influence to compel or induce any other officer, clerk, agent or employee under said govern- ment, or any civil division or city thereof, to pay or promise to pay any political assessment, subscription or contribution. Every said officer, agent, clerk or employee who may have charge or control in any building, office or room occupied for any purpose of said government, or any said division or city thereof, is hereby authorized to prohibit the entry of any person, and he shall not knowingly permit any person to enter the same for the purpose of therein making, collecting, receiving or giving notice of any political assessment, subscription or contribution; and no person shall enter or remain in any said office, building or room, or send or direct any letter or other writing thereto, for the purpose of giving notice of, demanding or collecting a political assess- ment, nor shall any person therein give notice of, demand, collect or receive any such assessment, subscription or contribution; and no person shall prepare or make out, or take any part in prepar- ing or making out, any political assessment, subscription or con- tribution with the intent that the same shall be sent or presented to or collected of any officer, agent or employee, subject to the provisions of this act, under the government of the state of New York, or that of any civil division or city thereof, and no person shall knowingly send or present any political assessment, sub- scription or contribution to or request its payment of any said officer, agent or employee. Any person who shall be guilty of violating any provision of this section shall be deemed guilty of a misdemeanor. Civil Service Law, § 24. § 1638. Officers or candidates not to promise influence, et cetera; “public officer” and ‘‘ public employee ” defined.—Whoever, while holding any public office, or in nomination for, or while seeking a nomination or appointment for any public office, shall corruptly use or promise to use, whether directly or indirectly, any official authority or influence (whether then possessed or merely antici- pated) in the way of conferring upon any person; or in order to secure or aid any person in securing any office or public employ- ment, or any nomination, confirmation, promotion or increase of 1068 CH. XXXIII.] THE CIVIL SERVICE LAW. ' Attendance of Witnesses, Fees, ete. § 1639 salary, upon the consideration or condition that the vote or politi- eal influence or action of the last named person, or any other, shall be given or used in behalf of any candidate, officer or party, or upon any other corrupt condition or consideration, shall be deemed guilty of bribery or an attempt at bribery. And who- ever, being a public officer, or having or claiming to have any authority or influence for or affecting the nomination, public employment, confirmation, promotion, removal or increase or de- crease of salary of any public officer, shall corruptly use, or prom- ise, or threaten to use any such authority or influence, directly or indirectly, in order to coerce or persuade the vote or political action of any citizen or the removal, discharge or promotion of any officer or public employee, or upon any other corrupt consid- eration, shall also be guilty of bribery or of an attempt at brib- ery. Every person found guilty of such bribery, or an attempt to commit the same, as aforesaid, shall, upon conviction thereof, be. liable to be punished by a fine of not less than one hundred dollars nor more than three thousand dollars, or to be imprisoned not less than ten days nor more than two years, or to both said fine and said imprisonment in the discretion of the court. The phrase “ public officer” shall be held to include all public officials in this state, whether paid directly or indirectly from the public treasury of the state, or from that of any civil division thereof, or by fees or otherwise; and the phrase “‘ public employee ” shall be held to include every person not being an officer who is paid from any said. treasury. Civil Service Law, § 25. § 1639. Attendance of witnesses; fees—Witnesses and officers to subpena and secure the attendance of witnesses before said commission, shall be entitled to the same fees as are allowed wit- nesses in civil cases in courts of record. Such fees need not be prepaid, but the comptroller shall draw his warrant for the pay- ment of the amount thereof, when the same shall have been certi- fied to by the president of the commission, and duly proved by affidavit or otherwise to the satisfaction of the said comptroller; and all state, county, town, municipal and other officers and their deputies, clerks, subordinates and employees shall afford the said board all reasonable facilities in conducting the inquiries specified in this act, and give inspection to said board of all books, papers and documents belonging, or in any way appertaining to the re- 1069 THE CIVIL SERVICE LAW. [Cu. xxx §§ 1640-1642 Taxpayer’s Action, Saving Clause, Preference Veterans, ete. spective offices, and shall also produce said books and papers, and shall attend and testify when required to do so by said commis- sion, Civil Service Law, § 26. § 1640. Taxpayer’s action—The right of any taxpayer to bring an action to restrain the payment of compensation to any person appointed to or holding any office, or place or employment in violation of any of the provisions of this act, shall not be lim- ited or denied by reason of the fact that said office, or place or employment shall have been classified as, or determined to be, not subject to competitive examination; provided, however, that any judgment or injunction granted or made in any such action shall be prospective onlv, and shall not affect payments already made or due to such persons by the proper disbursing officers, in accordance with the civil service rules in force at the time of such payments. Civil Service Law, § 27. § 1641. Saving clause—All rules, regulations and classifica- tions for appointment or promotion in the civil service of the state or any city or civil division thereof, not inconsistent with the pro- visions of this act, established with the approval of the governor or the state commission under authority of law prior to the pas- sage of this act, shall continue in full force and effect until an- nulled or amended pursuant to the provisions of this act; and the state civil service commissioners and the municipal civil service commissioners of any city, now in office, appointed or designated under the provisions of law prior to the passage of this act, shall continue in office until their successors are appointed and qualify, and shall have the same tenure and all:the powers and duties which they would have if appointed under the provisions of this act. All merit and eligible lists of persons examined prior to the passage of this act, under the civil service rules and regulations in force at the time of such examination, shall be continued in full force and effect as if formed under the provisions of this act, subject, however, to such reasonable regulation and revision as the rules shall prescribe. Civil Service Law, § 28. § 1642. Preference of veterans not affected—The provisions of a special, local or general law, passed by the legislature of this 1070 Cu.xxxut.] THE CIVIL SERVICE LAW. Preferences of Veterans Not Affected. § 1642 state during the year nineteen hundred and one, shall not be con- strued to permit the suspension or removal, by municipal authori- ties, of honorably discharged soldiers, sailors, or marines, who served as such in the Union army or navy during the war of the rebellion, or in the army or navy of the United States during the Spanish-American war, or who are honorably discharged soldiers, sailors or marines of the regular army or navy of the United States, or who shall have served the term required by law in a volunteer fire department of any city, town or village in the state, or who shall have been a member thereof at the time of the dis- bandment of such volunteer fire department, except for incom- petency or misconduct in the manner prescribed by section twen- ty-one of the civil service law; nor shall any of the provisions of any such special, general or local law, passed by the legislature during such year be construed to abridge any of the rights and privileges possessed by such honorably discharged soldiers, sailors or marines, or members of a volunteer fire department conferred upon them by any law passed prior to January first, nineteen hundred and one. Laws 1901, chap. 533. 1071 CHAPTER XXXIV. MUNICIPAL DEBTS. $1643. Limitation of indebtedness. §1668. Exchange and sale of stocks, §1644. Resolutions, ete. etc. $1645. Funded debt. 1669. Annual report. §1646. Funded and bonded debts. 1670. Accounts and loans. $1647. Issuance of municipal bonds. 1671. Reissue of lost or destroyed §1648. Registry of municipal bonds. bonds. 81649. Conversion of coupon. 1672. Voting on railroad stock. §1650. How owner to negotiate bonds. 1673. Reports as to town debts. §1651. Payment of municipal bonds. 1674, Term of reports. $1652. Defect in bonds. 1675. Publication of report. 81653. As to temporary loans. 1676. Duplicate reports. $1654, Railroad aid bonds. 1677. Form of report. $1655. Share of new town in debt. 1678. Cancellation of bonds. §1656. Collection of same. 1679. Action against officers. $1657. List of annexed lands, ete. 1680. Same. §1658. Money collected. 1681. Limitation of time. $1659. Application of last four sec- 1682. Appeals, tions. 1683. Definition of municipal corpo- §1660. Towns bonded for New York ration. and Oswego Midland Railroad. §1684. Investigations, ete. §1661. Municipal Taxes. 1685. Suits under Code Civ. Pro. §1662. Taxation. 1686. Prosecution, ete. $1663. Proceeds of tax. 1687. For funds illegally appropri- §1664. Duty of tax collector. ated. $1665. Liability of collector, ete. 1688. Title to vest in people. §1666. Appointment of R. R. com- 1689. Disposition of proceeds. missioners. 1690. Same on petition. §1667. Oath and undertaking. 1691, eon of Court of aims. § 1643. Limitation of indebtedness—No county, city, town or village shall hereafter give any money or property, or loan its money or credit to or in aid of any individual, association or cor- poration, or become directly or indirectly the owner of stock in, or bonds of, any association or corporation; nor shall any such county, city, town or village be allowed to ineur any indebtedness except for county, city, town or village purposes. This section shall not prevent such county, city, town or village from making such provision for the aid or support of its poor as may be author- ized by law. No county or city shall be allowed to become in- debted for any purpose or in any manner to an amount which, in- cluding existing indebtedness, shall exceed ten per centum of the assessed valuation of the real estate of such county or city subject to taxation, as it appeared by the assessment-rolls of said county 1072 CH, XXXIVv.] MUNICIPAL DEBTS. Limitation of Indebtedness. § 1643 or city on the last assessment for State or county taxes prior to the ineurring of such indebtedness; and all indebtedness in excess of such limitation, except such as may now exist, shall be abso- lutely void, except as herein otherwise provided. No county or city whose present indebtedness exceeds ten per centum of the as- sessed valuation of its real estate subject to taxation, shall be al- lowed to become indebted in any further amount until such in- debtedness shall be reduced within such limit. This section shall not be construed to prevent the issuing of certificates of indebted- ness or revenue bonds issued in anticipation of the collection of taxes for amounts actually contained, or to be contained in the taxes for the year when such certifeates or revenue bonds are is- sued and payable out of such taxes. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water; but the term of the bonds is- sued to provide for the supply of water shall not exceed twenty years, and a sinking fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and in- terest of said bonds at their maturity. All certificates of indebt- edness or revenue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to become otherwise indebted. Whenever the bound- aries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to be- come indebted shall cease, but the debt of the county heretofore existing shall not, for the purposes of this section, be reckoned as a part of the city debt. The amount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this State, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt. Constitution, art. 8, § 10, as am’d to take effect January 1, 1900, Law 1899, pg. 1601. 68 1073 MUNICIPAL DEBTS. [Cu. xxxiv. § 1643 Further and Continued Limitations. Further limitations—No county containing a city of more thar one hundred thousand inhabitants, nor any such city shall contract any debt, the amount of which, exclusive of its outstand- ing debt, shall exceed a sum equal to five per centum of the aggre- gate valuation of the real property within its bounds, as assessed for State and county purposes upon the then last corrected assess- ment-roll, nor shall it contract any such debt if the amount thereof inclusive of its outstanding debts shall exceed a sum equal to ten per centum of such valuation. This section shall not be construed to prevent the issuing of certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes of amounts actually contained or to be contained in the taxes for the year when such certificates or revenue bonds are issued and payable out of such taxes. Nor shall this section be construed to prevent the issuing of bonds to provide for the supply of water, but the term of the bonds issued to provide for the supply of water shall not exceed twenty years, and the sinking fund shall be created on the issuing of such bonds for their redemption by raising annually a sum which will produce an amount equal to the amount of the principal of said sum and interest of said bonds at their maturity. This section shall not apply to debts contracted for the purpose of retiring or paying any existing indebtedness pursuant to the provisions of this chapter. Municipal Law, § 2; 2 R. S. 2101. _ Limitation continued—An issue of town or county obligation shall not be authorized when such issue, with the amounts issued and outstanding under any previous or other authority of the board, shall exceed ten per centum of the assessed valuation of the real estate of such town or county, as it shall appear on the last assessment-rolls thereof, unless by the assent of a majority of the electors of such town or county, whose credit is proposed to be given, voting on the question at a regular town meeting of such town, or an annual election in such county; but in no case shall the amount of such town or county obligations, issued and outstanding, exceed one-third of such assessed valuation. This section shall not include any case where special authority has been given by the legislature to issue such obligations in excess of the amounts herein authorized. County Law, § 13, as am’d by chap. 251, Laws 1893; 1 R. S. 738. 1074 CH. xxxiv.] MUNICIPAL DEBTS. Limitation of Indebtedness in Towns in Adirondack Park. § 1643 Limitation of indebtedness of town in Adirondack Park.—No town, including a portion of the Adirondack park, shall hereafter contract any debt or debts which shall exceed the sum of three thousand dollars, except upon the duly verified petition of the owners of at least sixty-five per centum of the taxable real prop- erty therein, as such real property appears on the last preceding completed assessment roll of such town. For the purposes of this act, the consent of the comptroller shall be deemed to be the con- sent of the state. This section shall not apply to debts contracted for the purpose of retiring or paying any existing indebtedness pursuant to law. Town Laws, § 215, added by Laws 1904, chap. 436. This amendment of the constitution is not intended to be retroactive. Rogers v. Smith, 5 Hun, 475, To constitute a city purpose within the meaning of this section the pur- pose must be necessarily for the common good and general welfare of the people of the municipality, sanctioned by its citizens, public in character and authorized by the legislature. Sun Pat. Co. v. Mayer, 152 N. Y. 257; People ex rel. Murphy v. Kelly, 76 N. Y. 475. A municipal corporation cannot give away property or money or loan its money or credit to or in aid of any individual or corporation or become the owner of stock in or bonds of a corporation. Sweet v. Syracuse, 129 N. Y. 316. Any statute authorizing a town to repay to a citizen money which had been expended for a purely private purpose is an unauthorized gratuity and void. Bush v. Supervisors, 13 Mise. 707. Legislatures cannot ‘authorize taxation for the purpose of making a gift or paying gratuities. Matter of Jensen, 28 Misc. 378; Bush v. Supervisors, 159 N. Y. 216. Laws 1892, chap. 664, empowering supervisors to raise by taxation money to pay drafted men who served in the Civil war or paid commutation money is unconstitutional. Bush v. Supervisors, 159 N. Y. 212. The creation of liability of 4 town for the negligence of highway commis- sioners in its application and results is not a gift of the money or property of the town to or in aid of an individual within the meaning of this section of the constitution. Bidwell v. Town of Murray, 40 Hun, 190. The limitation applies to two cases: (1) a city containing over 100,000 inhabitants, and (2) a county withiu which is a city containing that popu- lation. The power of the city or county is restricted only by the amount of its own debts, and the debts of both cannot be aggregated. Adams v. E. R. S. L., 136 N. Y. 52. v Towns and other municipal corporations are organized for governmental purposes and their powers are limited and defined by the statutes under 1075 MUNICIPAL DEBTS. [ Cit. XXXIV. §§ 1644-1646 Resolutions Authorizing Issue, Funded Debts, Bonded Debts. which they are constituted. They cannot borrow money unless expressly authorized by statute or necessarily implied. Wells v. Salina, 119 N. Y. 280. Officers of municipal corporations are special agents and persons doing business with them are presumed to know just what their powers to bind the corporation are. People ex rel. Childs v. Cartwright, 9 Hun, 159. By this section a town is limited to ten per cent of the assessed valua- tion of the real estate therein, ete. Ghiglione v. Marsh, 23 A. D. 61. § 1644. Resolutions authorizing issue of obligations—Every resolution of any such board (of supervisors), authorizing the issue of such obligations, shall specify the form thereof, the place of payment, in annual installments or otherwise, within a period not exceeding thirty years from the date of such obligation, and the rate of interest to be paid thereon, not exceeding the legal rate; and no such obligation shall be sold for less than par. Such resolution shall also contain a provision requiring adequate se- curity to be given by the officer, or board of officers authorized to issue such obligations, for the faithful performance of his or their duty in issuing the same, and the lawful application of the funds arising therefrom, and of the funds which may be raised by tax for the payment thereof, which may come into their hands. County Law, § 14; 1 R. S. 738; see also § 104 ante. § 1645. Funded debt.—A funded debt shall not be contracted by a municipal corporation, except for a specific object, expressly stated in the ordinance or resolution proposing it; nor unless such ordinance or resolution shall be passed by a two-third vote of all the members elected to the board of council adopting it, or sub- mitted to, and approved by, the electors of the town or county, or taxpayers of the village or city when required by law. Such ordinance or resolution shall provide for raising annually, by tax, a sum sufficient to pay the interest and the principal as the same shall become due. Municipal Law, § 5; 2 R. 8. 2102. _ Funded debt is defined as meaning all indebtedness evidenced by a bond payable at a time beyond the current fiscal year. People ex rel. Peene v. Carpenter, 31 A. D. 603. § 1646. Funded and bonded debts——The bonded indebtedness of a municipal corporation, including interest due or unpaid, or any part thereof, may be paid up or retired by the issue of the 1076 CH. Xxx1v.] MUNICIPAL DEBTS. Funded and Bonded Debts. § 1646 new substituted bonds for like amounts by the board of super- visors or supervisor, board, council or officers having in charge the payment of such bonds. Such new bonds shall only be issued when the existing bonds can be retired by the substitution of the new bonds therefor, or can be paid up by money realized by the sale of such new bonds. Where such bonded indebtedness shall become due within two years from the issue of such new bonds, such new bonds may be issued and sold to provide money in advance to pay up such existing bonds when they shall become due. Such new bonds shall contain a recital that they are issued pursuant to this section, which recital shall be conclusive evidence of their validity and of the regularity of the issue; shall be made payable not less than one or more than thirty years from their date; shall bear date and draw interest from the date of the pay- ment of the existing bonds, or the receipt of the money to pay the same, at not exceeding the rate of five per centum per annum, payable quarterly, semi-annually or annually; and an amount equal to not less than two per centum of the whole amount of such new bonds may be payable each year after the issue thereof. Such new bonds shall be sold and negotiated at the best price obtainable, not less than their par valve; shall be valid and bind- ing on the municipal corporation issuing them; and until payable shall be exempt from taxation for town, coun, municipal or state purposes. All bonds and coupons retired or paid shall be immediately canceled. A certificate shall be issued by the officer, board or body issuing such new bonds, stating ihe amount of existing bonds, and of the new bonds so issued, which shall be forthwith filed in the office of the county clerk. Except as pro- vided in this section, new bonds shall not be issued in pursuance thereof, for bonds of a municipal corporation adjudged invalid by the final judgment of a competent court. A majoritv of the taxpayers of a town, voting at a general town ineeting, or special town meeting duly called, may authorize the issue in pursuance of this section of new bonds for such invalid bonds, and each new bond so issued shall contain substantially the following recital: “The issue of this bond is duly authorized by a vote of the tax- payers of the said town,” which shall be conclusive evidence of such fact. The payment, adjustment or compromise of a part of the bonded indebtedness of a municipal corporation shall not be deemed an admission of the validity or a recognition of any part 1077 MUNICIPAL DEBTS. [CH. XxXxIv. §§ 1647, 1648 Issuance of Municipal Bonds and Registration, etc. of the bonded indebtedness of such municipal corporation not paid, adjusted or compromised. Municipal Law, § 7, as am’d by Laws 1897, chap. 54; Laws 1901, chap. 333. No provision expressly authorizes the appointment of agents or attorneys to discharge the duties that are imposed upon the several governmental offices mentioned in the several statutes above cited. People ex rel. Read v. Town of Smithville, 85 Hun, 114. The refunding act applies to every village, city or county owing such debts and desiring to extend it through an added period of credit. City of Poughkeepsie v. Quintard, 136 N. Y. 275. The constitution does not deprive municipalities of the right to com- promise a claim which they dispute and which might become a charge against the municipality to its full extent. Hill v. Peekskill, S. B. 101 N. Y. 490. The two forms of extension authorized are, lst, an exchange of old for new bonds securing the new credit at the lower rate of interest, and 2d, to meet the emergency of a refusal by holders to make the exchange bond for bond, the issue and sale of new bonds, applying the proceeds to the cancellation of the old ones. City of Poughkeepsie v. Quintard, 136 N. Y. 275. When the original bonds are void they do not constitute an indebtedness of the town and the commissioners have no authority to issue new bonds for the purpose of paying or retiring them. Hill v. Peekskill S. B., 26 Hun, 161. This statute is an enabling act for all municipalities. City of Poughkeepsie v. Quintard, 136 N. Y. 275. It does not dispense with additional consents required by special act. People v. Parmerter, 158 N. Y. 385. § 1647. Issuance of municipal bonds—Each bond issued by a municipal corporation shall be signed by each officer issuing the same, with the designation of his office; and the interest coupons attached thereto, if any, shall be signed by one of their number. Each such bond shall state the place of payment and, if no coupons are attached thereto, the name of the payee. Municipal Law, § 8; 2 R. 8. 2103. The commissioners to issue the bonds are not town officers and represent the town no further than they could within the statute. Potter v. Greenwich, 26 Hun, 326; 92 N. Y. 462; Cagwin v. Hancock, 84 N. Y. 532. The power is not limited to the employment of brokers to assist in pro- curing the sale of bonds. 5 Armstrong vy. Village of Ft. Edward, 159 N. Y. 315. § 1648. Registry of municipal bonds.—Each municipal cor- poration shall keep in the office of its clerk suitable books in 1078 CH. XXXxIVv.] MUNICIPAL DEBTS. Conversion of Coupons into Registered Bonds. § 1649 which shall be entered a full description of the amount, rate of interest, class, number, date of issue, pursuant to what law, and maturity of all bonds issued by any of its officers, and, if such statement is not already entered, of all bonds converted from ‘coupon into registered bonds. A bond to which no coupons are attached may be registered, at the request of the payee, in the books so kept in the office of such clerk, and a certificate of such registry shall be indorsed upon the bond by such clerk, and attested by his seal, if he has one. The clerk shall be entitled to a fee of twenty-five cents for each bond so registered. The prin- cipal and interest of a registered municipal bond shall be payable only to the payee, his legal representatives, successors or assigns, and shall be transferable only upon presentation to such clerk, with a written assignment duly acknowledged or approved. The name of the assignee shall be entered upon such bond so trans- ferred and the books so kept in the office of the clerk. It shall be the duty of the clerk or other officer having charge of the office where such registry is kept, to transmit a statement of such indebtedness to the clerk of the board of supervisors of the county in which such office is situated, annually, on or before the first day of November. Municipal Law, § 9; 2 R. 8. 2103. § 1649. Conversion of coupon into registered bonds.—When the owner of coupon bonds of a municipal corporation shall pre- sent any such bonds to the officers who issued the same, or their sucessors, with a written request for their conversion into registered bonds, such officer shall cut off and destroy the coupons and stamp, print or write upon each of the bonds a statement, properly dated, of the amount and value of such coupons, and that the interest, at the rate and on the date, as was provided by the coupons, as well as the principal, is to be paid to such owner, his legal representative, successors or assigns, at a place therein stated, which shall be the place stated in the coupons, unless changed with the written consent of the owner; and thereupon such bonds may be registered in the office of the clerk of the municipal corporation. This section shall not apply where provision is otherwise made by law or local ordinance, for the conversion or exchange of coupons for registered bonds. Municipal Law, § 10; 2 R. S. 2104. 1079 MUNICIPAL DEBTS. [ CH. XxxIv. §§ 1650-1653 Making Bonds Non-Negotiable, Municipal Bonds, etc. § 1650. How owner may make bonds non-negotiable-—The owner of holder of any corporate or municipal bond or obligation (except such as are designated to circulate as currency, payable to bearer), heretofore or hereafter issued in, and payable in this State, but not registered in pursuance of any state law, may make such bond or obligation or the interest coupon accompanying the same, non-negotiable by subscribing his name to a statement in- dorsed thereon that such bond, obligation or coupon is his property; and thereupon the principal sum therein mentioned is payable only to such owner or holder, or his legal representatives or assigns unless such bond, obligation or coupon be transferred by indorsement in blank, or payable to bearer or order, with the addition of the assignor’s place of residence. Negotiable Instrument Law, § 332. § 1651. Payment of municipal bonds.—Where the bonds of a municipal corporation have been lawfully issued, and the pay- ment of the principal or interest thereof shall not have been other ‘wise paid or provided for, the same shall be a charge upon such ‘corporation, and shall be levied and assessed, collected and paid the same as other debts and charges. When for any reason any portion of the principal or interest due upon such bonds shall not have been paid, the same shall be assessed, levied and collected at the first assessment and collection of taxes by such corporation after such omission. Municipal Law, § 6; 2 R. S. 2102. § 1652. Defects not invalidating municipal bonds.—When the bonds of a municipal corporation have been issued and sold by the proper authorities, and the time fixed for their maturity shall be for a longer period than provided by the law under which they were issued, a variance of not exceeding sixty days shall not affect their validity. Municipal Law, § 11; 2 R. 8. 2104. § 1653. Temporary loans.—It is the duty of the town to pro- vide means for the payment of its bonds lawfully issued. In case of failure to perform this duty the holder of the bonds may maintain an action against the town thereon even though by the act under which they were issued it is made the duty of the board of supervisors of the county to impose and levy a tax to pay the bonds. Such settled and admitted obligations of the 1080 CH. xxxiv.] MUNICIPAL DEBTS. Taxpayers Consents, Share of New Town in Debts, Collection, §§ 1654-1656 ete. town do not require the same to be audited and allowed by the board of town auditors, and the holder cannot resort to a manda- mus against the board of supervisors. Laws 1866, chap. 695, § 1; R. S. 2112. § 1654, Taxpayers’ consent to be filed.—The original written consent duly acknowledged or proved of the taxpayers to the loaning of money on the faith and eredit of any town or city for the issuing of bonds of such town or city to aid in the construction of any railroad in this State, shall be recorded and filed in the office of the clerk of the county in which such towns or cities may be situated, and a copy thereof, duly certified by the said county clerk, shall be filed in the office of the clerk of the town or city wherein the respective property affected thereby is situated, any law rquiring a different filing to the contrary notwithstanding. Laws 1880, chap. 695, § 1; 2 R. S. 2112. § 1655. Share of new town in debt—Whenever any board of supervisors shall form a new town within its respective county, from parts of other towns, or town which shall have bonded to aid in the construction of any railroad under any act authorizing the same, and such bonds, or any part thereof, shall remain un- paid, or when any board of supervisors shall change the line of any town which shall have bonded to aid in the construction of any railroad in this State, and such bonds, or any part thereof, shall remain unpaid, the new town so formed and the part or parts taken from a town and added to another town shall pay a proportionate share of such bonds as shall remain unpaid, which share shall be ascertained from the assessed valuation of such town or towns as contained in the last equalized valuation of the assessment-roll, made prior to the formation of such town or the change of any such town line. Laws 1880, chap. 336, § 1; 2 R. S. 2112. § 1656. Collection of same.—It shall be the duty of the rail- road commissioners of the town, any part of whose territory shall have been detached as aforesaid, to render a true statement to the board of supervisors, as now required by the General Railroad Act, of the amount necessary to pay the proportionate share be- longing to the territory detached from their town, which may be then coming due, and the board of supervisors shall add such proportionate share to the sums to ‘be collected from the town so 1081 MUNICIPAL DEBTS. [CH. XxxIv. -8§ 1657-1660 Annexed Lands. Inhabitants, Collections, How Applied, etc, formed, or to the part or parts which shall have been detached from a town and added to another town, to be collected as pre- scribed by law. Laws 1880, chap. 336, § 2. § 1657. List of annexed lands and inhabitants—The assessors of the town or towns to which shall have been added a part of another town shall yearly, until such bonds be paid, make a separate and distinct list of the taxable inhabiants and lands contained in the territory so annexed in the assessment-roll of the said town, in all respects similar in form and manner to the assessment-roll as now made. Such list shall be designated in such roll “‘ List of annexed lands and inhabitants.”’ Laws 1880, chap. 336, § 3. § 1658. Moneys collected, how applied—Such proportionate share of moneys collected as provided in the second section of this act shall be paid by the supervisor of the town wherein collected to the railroad commissioners of the town or towns from which such territory shall have been detached, and such commissioners shall use such moneys for the payment of the bonds issued in the same manner they are required to use the moneys raised in their own town. Laws 1880, chap. 336, § 4. § 1659. Application of last four sections—The provisions of this act shall apply to all cases where a new town shall have been formed, or the line of any town shall have been changed by the board of supervisors of any county since the first day of January, eighteen hundred and seventy-nine, where no proceedings have been taken under chapter five hundred and ninety-seven of the laws of eighteen hundred and seventy. Laws 1880, chap. 336, § 5. § 1660. Towns bonded for New York and Oswego Midland rail- road.— All real property within the corporate limits of any town assessed or liable to be assessed upon the assessment-roll of such town at the time of issuing bonds by said town pursuant to this act (chap. 398, Laws 1866), and all acts amendatory thereof, shall continue to be assessed and assessable for all purposes what- soever in said town until said bonds, or any renewals thereof, are fully paid; and if the owner of such real property does not reside within said town, then such real property shall be assessed “1082 CH. XxXxIv.] MUNICIPAL DEBTS. Municipal Tax of Railroads, § 1661 as non-resident land or to any oceupant of said real property actu- ally residing within said town. Laws 1866, chap. 398, § 25, as am’d by chap. 21, Laws 1883. In a case in Oneida county where lands situated in the town of Vienna ‘(which is so bonded) were assessed in the town of Vienna upon the lands situated therein, although the owner resided in the town of Verona, it was held to be properly taxable in Vienna for the lands situated in Vienna, and that the law relating to taxation, requiring lands divided by a town line to be assessed to the owner in the town where he resided, did not apply. Casterton v. Town of Vienna, 78 St. Rep. 868. § 1661. Municipal taxes of railroads payable to the county treasurer.—If a town, village or city has outstanding unpaid bonds, issued or substituted for bonds issued, to aid in the construction of a railroad therein, so much of all taxes as shall be necessary to take up such bonds, except school districts and highway taxes, collected on the assessed valuation of such railroad in such municipal corporation, shall be paid over to the treasurer of the county in which the municipal corporation is located. Such treasurer shall purchase with such moneys of any town, village or city, such bonds, when they can be purchased at or below par, and shall immediately cancel them in the presence of the county judge. If such bonds cannot be purchased at or below par, such treasurer shall invest such moneys in the bonds of the United States, of the State of New York, or of any town or village or city of such State, issued pursuant to law; and shall hold such bonds as a sinking fund for the redemption and payment of such outstanding railroad aid bonds. If a county treasurer shall un- reasonably neglect to comply with this section, any taxpayer of the town, village or city having so issued its bonds may apply to the county judge of the county in which such municipal corpora- tion is situated, for an order compelling such treasurer to execute the provisions of this section. Upon application of the town board of any town, the board of supervisors of the county in which said town is situated may authorize payment by the county treasurer of all moneys thus paid to him in any year by the railroads mentioned in this section, to the supervisor of such town, for its use and benefit; to be applied either to the purchase of outstanding railroad aid bonds or the payment of interest thereon, and any payment heretofore made in good faith by the treasurer of any county to any town or to the supervisor thereof, of the taxes received, in any year by such treasurer, from railroad cor- _porations in that town is hereby validated. The county treasurer 1083 MUNICIPAL DEBTS. [ Cu. XXXIV. § 1661 Municipal Tax of Railroads. of any county in which one or more towns therein shall have issued bonds for railroad purposes, shall when directed by the board of supervisors or county judge of the county, execute and file in the office of the clerk of the county an undertaking with not less than two sureties, approved by such board or judge, to the effect that he will faithfully perform his duties pursuant to this section. The annual report of a county treasurer shall fully state, under the head of “ railroad sinking fund” the name and character of all such investments made by him or his predecessors, and the condition of such fund. General Municipal Law, § 12, as am’d by Laws 1903, chap. 515. An action as for money had and received is maintainable on behalf of the town against the county to recover the money so misappropriated. Strough v. Supervisors, 119 N. Y. 212. Such a cause of action arises when tne county treasurer appropriates the money to the payment of county obligations. Kilbourne v. Supervisors, 137 N. Y. 170. A supervisor of a town has authority to maintain an action against a person who by his wrongful and fraudulent conduct has created a debt which the town will be compelled to pay. Mitchell v. Strough, 35 Hun, 86. A town can enforce through its supervisors by action or by a town tax- payer on its behalf the application by its county of the taxes collected from a railroad in the town to the satisfaction of the bonds issued by the town in aid of the railroad. Ackerman v. Supervisors, ete., 72 Hun, 616. A cause of action arises when the misappropriation is made. Pierson v. Wayne County, 87 Hun, 605. The action is applicable to any municipality having bonds outstanding issued under any statute in aid of the construction of any railroad within its bounds. Clark v. Sheldon, 134 N. Y. 333; Wood v. Supervisors, 136 N. Y. 403. The railroad taxes are applicable to bonds which have been issued for the construction of a railroad where such original bonds have fallen due. Matter of Van Tassell, 123 N. Y. 661. The act applies to the new renewal bonds. Barnum v. Supervisors, 62 Hun, 190; affirmed 137 N. Y. 179. When the assent of the taxpayer of a town to issue the bonds in aid of the railroad company is once manifested in the way prescribed by the legislature it is irrevocable. People v. Henshaw, 61 Barb. 409. If a sufficient number of taxpayers revoke their consent with the requisite formality before it is agreed upon, a subsequent issue of bonds is illegal. Springport v. Teutonia 8. B., 84 N. Y. 403. The authorities of towns, villages, cities and counties have no right to divert or appropriate these taxes for other purposes. Clark v. Sheldon, 106 N. Y. 104. 108+ CH. XXXIv.] MUNICIPAL DEBTS. Municipal Tax of Railroads (Continued.) § 1661 The act requires the treasurer to invest the moneys collected from railroads within the bonded towns and to thus form a sinking fund for the redemption of the bonds. Wood v. Madison County, 136 N. Y. 403; Spaulding y. Arnold, 125 N. Y. 194; Clark v. Sheldon, 106 N. Y. 104. The sinking fund provided for in the act up to the time that the bonds mature and become due and payable constitutes a fund which the town has the absolute right to have applied in the payment of the bonds without re- gard to the stock. Crowninshield vy, Supervisors of Cayuga County, 124 N. Y. 583. It is the duty of the company to apply the moneys received. from the taxa- tion of the railroad property to the formation of a sinking fund to pay off the same. Barnum v. Supervisors, etc., 62 Hun, 190; affirmed 137 N. Y. 179. The supervisors have no jurisdiction over the fund. Clark v. Sheldon, 134 N. Y. 333. The action is properly brought by the supervisor of the town in his name as its representative. Strough v. Supervisor, ete., 119 N. Y. 212. A town by bonding itself and causing a railroad to be built creates a new and additional property which becomes the subject of taxation. Crowninshield v. Supervisors, etc., 124 N. Y. 583. ‘All taxes collected from railroad property within such towns are tied up for future use and current expenses, including the current interest on the bonds as the same fall due, have to be provided for by taxation on other property. Wood v. Supervisors, etc., 136 N. Y. 403. All taxes except school and road taxes imposed upon the railroads under the act of 1869 are required to be paid over to the county treasurer, and this obviously means all the taxes of every description, including town, village, city, county and state taxes, except school and road taxes. Clark v. Sheldon, 106 N. Y. 104; Kilbourne v. Supervisors, etc., 137 N. Y. 170. The town through its officers or its town meeting cannot change the direction of the fund. Clark v. Sheldon, 134 N. Y. 333. The fund in the hards of the treasurer is a trust fund upon which the law has impressed a distinct purpose, and any action that diverts it from that purpose is illegal. Strough v. Supervisors, 119 N. ¥. 219; Crowninshield v. Supervisors, 124 N. Y. 583. A village has no power to issue its bonds in aid of a railroad except on a strict compliance with the terms of the statute. Culver v. Ft. Edward, 8 Hun, 340. Since the adoption by the people of the amendment io the state constitu- tion no town can loan its money or credit in aid of any corporation or be- come the owner of stock in any corporation or incur any indebtedness except for town purposes. Faulkner v. B. & J. R. R. Co., 69 N. Y. 491. The right to a bona fide purchaser of town bonds cannot be affected by the repeal of the law under which they were issued. Marsh v. Little Valley, 64 N. Y. 112. 1085 MUNICIPAL DEBTS. [ CH. XXXIV. §§ 1662-1665 Taxation and Proceeds, Payment, ete., Duty of Tax Collector, ete. § 1662. Taxation.—All laws and parts of laws in so far as they exempt the property, real or personal, of the New York and Os: wego Midland railroad corporation from taxation are hereby repealed, and the real and personal property of the said corpora- tion is hereby made subject to State, county, town and municipal taxation. Laws 1874, chap. 296, § 1. § 1663. Proceeds of tax to be paid to commissioners of towns.—- All moneys to be collected upon the real and personal property of the said corporation and upon said real property now or hereafter used or held, or which may hereafter be used or held by any receiver or successor of said corporation for county taxes in any of the towns or municipalities by which bonds have been issued in aid of the construction of the New York and Oswego Midland railroad, are hereby appropriated to said towns or municipalities respectively, and shall be paid over to the commissioners of such towns or municipalities appointed pursuant to an act entitled “An act to facilitate the construction of the New York and Oswego Midland railroad, and to authorize towns to subseribe to the capital stock thereof, passed April 5, 1866,” or any act supplemental thereto or amendatory thereof, and the said moneys shall be by said commissioners expended for and applied to the payment of the interest on said bonds, or to the principal thereof. Laws 1874, chap. 296, § 2. § 1664. Duty of tax collector—It shall be the duty of the collector of taxes of each such town or municipality to pay over to the said commissioners of his town or municipality, the amounts of the county tax collected by him from the said corpora- tion or the real and personal property thereof, within five days from the time the same is collected; and the said commissioners shall give to the said collectors a receipt for the amount of county taxes so received, which said receipts shall be returned to the treasurer of the county in which the said collector shall reside. Laws 1874, chap. 296, § 3. § 1665. Liability of collector and sureties.—Collectors of taxes and the sureties on their official bonds shall be liable for any neglect or failure to pay over to the said commissioners the amounts, or any part thereof, by the provisions of this act directed to be paid by such collectors of taxes to the said commissioners. Laws 1874, chap. 286, § 4. 1086 CH. XXXIV. ] MUNICIPAL DEBTS, ' Appointment of R. R. Commissioners, Exchange of R. R. Stock §§ 1666-1668 and Bonds. § 1666. Appointment of railroad commissioners—The county judge of any county within which is a municipal corporation having or being entitled to have railroad commissioners, when this chapter shall take effect, and in which the duties imposed upon such commissioners are not fully performed, shall continue to appoint and commission, upon the application of twenty free- holders within such corporation, three persons, who shall be free- holders and resident taxpayers therein, commissioners for the purpose of performing the duties and completing the business required of them pursuant to this chapter or any law. Such commissioners shall hold their office for five years, and until others are appointed by the county judge, unless their duties shall be sooner performed, or the office shall be abolished, who shall also, in like manner, fill any vacancies that may exist therein. Such commissioners shall each receive the sum of three dollars per day for each day actually engaged in the discharge of their duties, and the necessary disbursements to be audited and paid by the usual auditing and disbursing officers of such municipal corpora- tion. A majority of such commissioners, at a meeting of which all have notice, shall constitute a quorum. Municipal Law, § 14; 2 R. S. 2105. § 1667. Oath and undertaking of commissioners—Before en- tering upon their duties such commissioners shall take the constitutional oath of office, and make and file with the county clerk of their county their joint and several undertaking, with two or more sureties to be approved by the county judge of their county, to the effect that they will faithfully discharge their duties as such commissioners, and truly keep, pay over and account for all moneys belonging to such corporation coming into their hands. Municipal Law, § 15; 2 R. S. 2105. § 1668. Exchange or sale of railroad stock and bonds.—The commissioners or officers of a municipal corporation, having the lawful charge and control of any railroad stock or bonds, for or in payment of which the bonds of such municipal corporation have been lawfully issued in aid of such railroad corporation, may exchange the stock or bonds of such railroad corporation for and in payment of such bonds, or the new substituted bonds of such municipal corporation, when such exchange can be made for not less than the par value of the stocks or bonds so held by 1087 MUNICIPAL DEBTS. [CH. XXXIV. § 1669 Annual Report of Commissioners and Payment of Bonds. them. If they cannot make such exchange they may sell such stocks or bonds at not less than par; but they may, on the appli- cation and with the approval of the governing board of the municipal corporation owning such stock and bonds, exchange, sell or dispose of such stock or bonds, at the best price and upon the best terms obtainable, for the municipal corporation they represent, and shall execute to the purchaser the necessary trans- fers therefor. All moneys received for any stock or bonds shall only be applied to the payment and extinguishment of the bonds of the municipal corporation, lawfully issued in aid of any such railroad, or substituted therefor; except that if the bonds so issued or substituted have all been paid, or the moneys so realized shall be more than sufficient to pay them in full, and all costs and expenses of the sale, such proceeds or balance thereof shall be paid by the officers making the sale, to the supervisor of the town, or the treasurer of the municipal corporation, and applied to such lawful uses as the governing board of the municipal cor- poration, entitled to the same, may direct. The provisions of this section shall apply to all such commissioners or officers of a municipal corporation elected or appointed or acting under the provisions of any special act, and the authority hereby conferred shall not be limited by the provisions of any such special act. Municipal Law § 16; 2 R. S. 2105; see Municipalities, Laws 1880, chap. 336. § 1669. Annual report of commissioners and payment of bonds. —The commissioners of a municipal corporation, having in charge the moneys received and collected, and who are responsible for the payment of the interest of the bonds lawfully issued by such municipal corporation, in aid of railroads, shall annually report to the governing board of the municipal corporation, the total amount of the municipal indebtedness of the municipal corpora- tion they represent, upon such bonds or such new bonds substi- tuted therefor, the date of the bonds and when payable, the rate of interest thereon, the acts under which they were issued, the amount of principal and interest that will become due thereon before the next annual tax levy and collection of taxes for the next succeeding year, and the amount in their hands applicable to the payment of the principal or interest thereon, Each year such governing board shall levy and collect of the municipal corpora- tion sufficient money to pay such principal and interest, as the same shall become due and payable. When collected, such 1088 CH. XXXIV. ] MUNICIPAL DEBTS, Accounts and Loans, etc., Reissue of Lost Bonds, ete. §§ 1670, 1671 moneys, with the unpaid sums on hand, shall be forthwith paid over to such commissioners, and applied by them to the purposes for which collected or held. When paid, such bonds shall be presented by such commissioners to the governing board of the municipal corporation, at least five days before the annual town meeting, village or city election, or meeting of the board of supervisors, next thereafter held, who shall cancel the same, and make and file a record thereof in the clerk’s office of the munici- pal corporation, whose bonds were so paid or canceled. Municipal Law, § 17; 2 R. 8. 2106. See § 1673, post. § 1670. Accounts and loans by commissioners—Such commis- sioners shall present to the auditing board of the municipal corporation they represent, at each annual meeting of such board, a written statement or report, showing all their receipts and expenditures, with vouchers. They shall also loan on proper security or collaterals, or deposit in some solvent bank, or banking institutions, at the best rate of interest they can obtain, or invest in the bonds of the municipal corporation they represent, or in bonds of the State, or of any town, village, city or county therein, issued pursuant to law, or in the bonds of the United States, all moneys that shall come into their hands by virtue of their office, and not needed for current liabilities; and all earnings, profits or interest accruing from such loans, deposits or investments shall be credited to the municipal corporation they represent, and ac- counted for in their annual settlement with the governing board thereof. Municipal Law, § 18; 2 R. 8. 2106. § 1671. Reissue of lost or destroyed bonds——When any bonds lawfully issued by a municipal corporation in aid of any railroad, or in substitution for bonds so issued, shall be lost or destroyed, such commissioners may issue new bonds in the place of the ones so lost or destroyed, at the same rate of interest, and to become ‘payable at the same time, upon the owner furnishing satisfactory proof, by affidavit, of such ownership, and loss or destruction, and a written indemnity, with at least two sureties, approved as to form and sufficiency by the county judge of the county in which such municipal corporation is situated. Every new bond so issued shall state upon its face the number and denomination of the bond for which it is issued, that it is issued in the place of such bond claimed to have been lost or destroyed, that it is issued 69 1089 \ MUNICIPAL DEBTS. [ CH. XXXIV. §§ 1672-1676 Voting on R. R. Stocks, Report Board Supervisors, Form and Publication. as a duplicate thereof, and that but one is to be paid. Such affidavit and indemnity, duly indorsed, shall be immediately filed. in the county clerk’s office. Municipal Law, § 19; 2 R. S. 2106. § 1672. Voting on railroad stock—At any meeting of the stockholders of any railroad corporation to consider any agree- ment or proposition to consolidate or lease, the commissioners or other officers of any municipal corporation holding or having charge of any of the capital stock of such railroad corporation shall represent such municipal corporation and may act and vote in person or by proxy on all matters relating to such consolidation or lease in the same manner as individual stockholders. Railroad Law, § 75, as am’d by chap. 546, Laws 1893; 3 R. S, 2555. § 1673. Annual reports to board of supervisors.—When a town has a public debt, consisting of bonds, or other evidence of debt issued on the credit of the town, the supervisor thereof shall make a report to the board of supervisors of the county, at every annual session thereafter, of the amount of such indebtedness. Town Law, § 210; 3 R. S. 3239; as to the limitation of the debt see ante § 1643. § 1674. Form of reports—Such report shall be in tabular form, specifying the different acts under which the bonds or debts were issued, with the rate of interest thereon, the amount unpaid at the time of the election of the supervisor, and the amount of debt paid at the date of his report, and coming due during his. term of office. Town Law, § 211; see Form, § 1753. § 1675. Publication of report.—The report so made shall be published in the annual report of the proceedings of the board of supervisors. Town Law, § 212. § 1676. Duplicate reports—The supervisor shall also, at the expiration of his term of office, at the annual town meeting, make and present thereto, a duplicate copy of such report to the board of supervisors, including and adding thereto, the amount of bonds issued, and the amounts and interest paid, since the date of the report up to the day and date of his term of office, duly attested before a justice of the peace of his town, and which report shall 1090 CH. xxxiv.] MUNICIPAL DEBTS. Form of Reports, Cancellation of Bonds. §§ 1677, 1678 be filed in the town clerk’s office of the town, subject-to the inspec- tion, by an elector thereof. Town Law, § 213. § 1677. Form of report.— To the Honorable, the Board of Supervisors of.............. County: The undersigned supervisor of.............. in said county in compliance with town law, sections 210 and 211 respectfully reports: That the bonded indebtedness of the said town of.............. was at the time of my election as supervisor of said town at its last town meeting................ $ The amount paid at the date of this report...................0005- $ During my term of office, to-wit....... 0... 2k there will become due on said indehtedness.....................- $ $ The bonds above referred to bear date...........seeseeeeeeees and were issued in accordance with the laws of 1881, Chapter 522, which provides that a payment of a like amount of bonds issued in aid of the Rochester and State Line Railroad Company, and bear interest at the rate of .... per cent, payable semi-annually at the office of the Security Trust Company of Rochester, with the bonds being payable at the same place on maturity. The bonds are divided into six series of five One Thousand Dollar bonds each, and numbered from one to six inclusive. Series one was payable Sorasagay dw avcloasee aaiatanle , and one series annually thereafter until all are paid. The amount to be provided for the coming year is as follows: Interest September Ist and May Ist, 190.................-02-0000, $ Series 2 payable May Ist, 190.......... eee eee $ Totals: dive Piecaaw hel anita Secon wadenmatamvomnsedh wyaatineisos Glemncin it $—_—_ Dated................ 190.. Respectfully submitted, A report of town bonds issued under the act of 1869 should also contain a statement of the sinking fund. The following form will answer: The railroad sinking fund is as follows: Amount on hand........... ia lerRtotic stent enacedes a Aeesier am brulee Rents $ which is invested as follows: Bonds issued by the town of..........-....- on the day GLa maromiescnccesitcs 9 POO, AU: pct euatda dea 190, with interest at : Pp Bonds issued by the county of.......-.--.-- +e sees seen eee the...... day of.......... 5 QO ies «agp; HUG iesicocte apni euccsninnce eres se with interest at....per cent, payable........ 6 WOO: seseaaves som $ Cash on hand and deposited in......... bank-cvaues seas $ In my opinion all of said investments are good. § 1678. Cancellation of bonds.—All such bonds and coupons thereof paid, shall be cancelled by the town board of the town, at. a meeting thereof to be held for that purpose, within ten days previous to the annual town meeting; and a record thereof shall 1091 MUNICIPAL DEBTS. [CH. XxxIv. §§ 1679-1681 Actions Against Officers, Limitations, ete. be filed, signed by the board, in the office of the clerk of the town. Town Law, § 214; 3 R. S. 3240. For report to clerk of board of supervisors, see § 52, County Law; see § 476 ante. § 1679. Actions against officers, etc—Any bona fide purchaser and holder of any bonds or other obligations for the payment of money payable to bearer and transferable by delivery, and any such purchaser and holder of any interest-bearing coupon or obligation originally attached to such bonds, which said bonds or coupon shall have been issued or put in circulation by means of the misfeasance, malfeasance or negligence of any public officer, of any of the civil or municipal divisions of this State, whose right of recovery or cause of action upon any such bond or coupon has been, or shall be, determined by the judgment of a court of competent jurisdiction in any suit or action, or who has been or shall be a privy to such suit or action, may within three years after the determination of said right of recovery and cause of action begin an action against such officer, and recover all dam- ages which said purchaser, holder or privy shall have suffered because of the misfeasance, malfeasance or negligence of such public officer. Laws 1895, chap. 792, § 1; 2 R. S. 2110. § 1680. Same, by municipal corporation—Any municipal cor poration within this State, or any civil division of the State, which has been or shall be compelled to pay any negotiable bond, or any coupon originally attached to such bond, by the judgment of a court of competent jurisdiction, because of the misfeasance, malfeasance or negligence of any public officer or agent of such municipal corporation or civil division, may within three years from the time when such payment shall have been compelled as aforesaid, begin an action against any such officer in any court of competent jurisdiction and recover the amount so paid with inter- est from the time of such payment. Laws 1895, chap. 792, § 2. § 1681. Limitation of time—No limitation of the time for commencing an action shal] affect any of the actions hereinbefore mentioned, except as herein provided, and in such action an order of arrest and an execution against the person of the defendant may be issued in the manner and form provided by the Code of 1092 CH. xxxiv.] MUNICIPAL DEBTS. Appeals, ete. § 1682 Civil Procedure against a person who shall have wrongfully mis- appropriated money held by him in a fiduciary capacity. Laws 1895, chap. 792, § 3. § 1682. Appeals, etec—In any suit or action upon any coupon or coupons hereinbefore mentioned, or upon any bonds hereinbe- fore mentioned, or to recover any damages hereinbefore men- tioned, any party to such action shall have and is hereby granted a right to appeal to the general term or appellate division of the Supreme Court from the judgment of any trial court, or to the court of appeals from any judgment of the general term or of the appellate division of the Supreme Court, although the amount in controversy in such action has been or may be less than five hundred dollars. Appeals from any inferior court to any appel- late court, including an appeal to the Court of Appeals, although the amount in controversy may be less than five hundred dollars, from any judgment in any suit or action to recover against any municipal corporation or civil division of this State upon any negotiable bonds or upon any coupon originally attached thereto, issued or put in circulation by the agents or officers of such municipal corporations or civil division of this State, may be taken by.any person who has been or shall be bound as a privy by such judgment within sixty days after such privy shall have been served by any of the parties to such civil action, with a copy of the said judgment and with a written notice of the entry thereof, and said appeal may be taken in the name of such party without entering an order of substitution as such party by- said person so bound as a privy, upon his giving the security and serving the notices of appeal prescribed by the Code of Civil Procedure concerning an appeal by a party to such an action, and also upon giving to the party in whose name such an appeal is taken an undertaking with two sufficient sureties conditioned in the penal sum of five hundred dollars, to save such party to such action in whose name such appeal shall’ be taken harmless of and from all costs and disbursements which may be recovered against him upon such appeal, which said undertaking shall be approved as to its form and as to the sufficiency of the sureties thereon by justices of the Supreme Court. Said appeal, when so taken by said privy, shall be conducted and determined in the same manner as if taken by said party of the said action, except as herein otherwise provided. * Laws 1895, chap. 192, § 4. 1093 MUNICIPAL DEBTS. [CH. XXXIV. §§ 1683, 1684 Municipal Corporations, Expenditures of Towns and Villages. § 1683. Definition of municipal corporation—The term “ mu- nicipal corporation,” used in this chapter, includes only a county, town, city and village, and the term “ governing board ” includes the board of supervisors of a county, the town board of a town, the common council of a city and the board of trustees of a village. Municipal Law, § 1; 2 R. S. 2100. Municipal corporation is also defined in the General Corporation Laws as follows: “A municipal corporation includes 4 county, town, school district, village and city, and any other territorial division of the state established by Jaw with powers of local government.” Gen. Corp. Laws, § 2. § 1684. Investigation of expenditures of towns and villages.— If twenty-five freeholders in any town or village shall present to a justice of the Supreme Court of the judicial district in which such town or village is situated, an affidavit, stating that they are freeholders and have paid taxes on real property within such town or village within one year, that they have reason to believe that the moneys of such town or village are being unlawfully or cor- ruptly expended, and the grounds of their belief, such justice, upon ten days’ notice to the supervisor, and the officers of the town disbursing the funds to which such moneys belong, or the trustees and treasurer of the village, shall make a summary in- vestigation into the financial affairs of such town or village, and the accounts of such officers, and, in his discretion, may appoint experts to make such investigation, and may cause the result thereof to be published in such manner as he may deem proper. The cost incurred in such investigation shall be taxed by the justice, and paid, upon his order, by the officers whose expendi- tures are investigated, if the facts in such affidavit be substantially proved, and otherwise, by the freeholders making such affidavit. If such justice shall be satisfied that any of the moneys of such town or village are being unlawfully or corruptly expended, or are being appropriated for purposes to which they are not prop- erly applicable, or are improvidently squandered or wasted, he shall forthwith grant an order restraining such unlawful or corrupt expenditure, or such other improper use of such moneys. Municipal Law, § 3; 2 R. S. 2101. An appeal lies to the Appellate Division from an order of the judge re- straining the payment of portions of a bill of the town board of audits and charging the cost upon the members of the board and others whose accounts were examined. Matter of Hempstead, 32 A. D. 6. 1094 CH. XXXIV. ] ‘MUNICIPAL DEBTS. Suits Under the Code Civ. Pro. § 1685 _The adjudication of a board of audit proceeding regularly within its juris- diction, establishing a claim against a town, although the allowance may be excessive or although it may err in its conclusions upon the facts, does not constitute waste or injury to the property of the town within this act. N. Y. C. R. Co. v. Main, 54 St. Rep. 384. in summary proceedings under the statute for the investigation of the finance affairs of a village, it is not proper to appoint one of the complain- ao an expert to make the investigation at least without the consent of all parties. Matter of Plattsburgh, 157 N. Y. 78. A taxpayer cannot maintain the action where it is shown that the officer of the municipality acted in good faith and with no intent or purpose to in- jure or defraud a taxpayer unless the act complained of was beyond his authority and wholly illegal and void. : N. Y. C. R. Co. v. Main, 54 St. Rep. 384. Under Chapter 307 of the Laws of 1879 providing for summary investiga- tion of unlawful and corrupt expenditures of village officers, a justice has no ‘power to investigate or correct evils resulting from mere error in judgment and foolish expenditures, but only where there has been either an unlawful or corrupt expenditure. : Matter of Syracuse, 20 Abb. N. C. 131. The Court of Appeals may review an order made by the justice of the Supreme Court and affirmed by the Appellate Division as a final order in the special proceeding. Matter of Plattsburgh, 157 N. Y. 78. The special proceedings herein are within the meaning of Sections 3383 and 3334 of the Code of Civil Procedure. Matter of Hempstead, 32 App. Div. 6. § 1685. Suits under the Code of Civil Procedure.—An action to obtain a judgment, preventing waste of or injury to the estate, funds or other property of a county, town, city or incorporated village of the State, may be maintained against any officer thereof, or any agent, commissioner or other person acting in its behalf, by a citizen resident therein, who is assessed for and is liable to pay, or, within one year before the commencement of the action, has paid, a tax therein. This section does not affect any right of action in favor of a county, city, town or incorporated village, or any public officer., Code Civ. Pro., §1925. An action in equity brought by a taxpayer to have bonds cancelled should ‘be brought promptly and lateness may defeat the action. Alvord v. Syracuse Bk., 98 N. Y..699; T. of Mertz v. Cook, 18 N. Y. 510. An action by a taxpayer to restrain the governing body from official action within its power and discretion without any charge of fraud, collusion, cor- ruption or bad faith cannot be maintained, although it is alleged that such intended action is unwise and without due regard to economy. Talcott v. Buffalo, 125 N. Y. 288; Govers v. Bd. Sup. W. Co., 171 N. Y. 408. 1095 MUNICIPAL DEBTS. [CH. XxxIv. § 1686 Prosecution of Officers for Illegal Acts, ete. A taxpayer’s action will be only when the acts complained of are without the power of the officers to do or when their action is corrupt, fraudulent or in bad faith. Any other construction of the statute would subject the dis- cretionary power of the officers to review of the courts at a suit by taxpayer. Talcott v. Buffalo, 125 N. Y. 288; Green v. Knox, 76 N. Y. If the mayor refuses to appoint under civil service rule or makes errone- ous appointment mandamus is the proper remedy and a taxpayer’s action to enjoin payment to a person improperly holding office is not proper remedy. Chittenden v. Wurster, 152 N. Y. 345. § 1686. Prosecution of officials for illegal acts, ete—All of%- cers, agents, commissioners and other persons acting, or who have acted, for and on behalf of any county, town, village or municipal corporation in this State, and each and every one of them, may be prosecuted, and an action or actions may be main- tained against them to prevent any illegal official act on the part of any such officers, agents, commissioners or other persons, or to pre- vent waste or injury to, or to restore and make good, any property,. funds or estate of such county, town, village or municipal corpora- tion by any person or corporation whose assessment, or by any num- ber of persons or corporations, jointly, the sum of whose assess- ments shall amount to one thousand dollars, and who shall be liable to pay taxes on such assessment or assessments in the county, town, village or municipal corporation to prevent the waste or injury of whose property the action is brought, or who have been assessed or paid taxes therein upon any assessment or assessments of the above-named amount within one year previous to the commencement of any such action or actions. Such person or persons, corporation or corporations upon the commencement of such action, shall furnish a bond to the defendant therein, to be approved by a justice of the Supreme Court or the county judge of the county in which the action is brought, in such pen- alty as the justice or judge approving the same shall direct, but not less than two hundred. and fifty dollars, and to be executed by any two of the plaintiffs, if there be more than one party plaintiff, providing said two parties plaintiff shall severally justify in the sum of five thousand dollars. Said bond shall be approved by said justice or judge and be conditioned to pay all costs that may be awarded the defendant in such action if the court shall finally determine the same in favor of defendant. The court shall require, when the plaintiffs shall not justify as above mentioned, and in any case may require two more suf- ficient sureties to execute the bond above provided for. Such 1096 CH. XXXIV. ] MUNICIPAL DEBTS. Prosecution of Officers for Illegal Acts, ete. (Continued.) § 1686 bond shall be filed in the office of the county clerk of the county in which the action is brought, and a copy shall be served with the summons in such action. If an injunction is obtained as herein provided for, the same bond may also provide for the payment of the damages arising therefrom to the party entitled to the money, the auditing, allowing, or paying of which was enjoined, if the court shall finally determine that the plaintiff is not entitled to such injunction. In case the waste or injury complained of consist in any board, officer or agent in any county, town, village or municipal corporation, by collusion or otherwise, contracting, auditing, allowing or paying, or conniving at the contracting, audit, allowance or payment of any fraudulent, illegal, unjust or inequitable claims, demands or expenses, or any item or part thereof against or by such county, town, village or municipal corporation, or by permitting a judgment or judgments to be recovered against such county, town, village or municipal corporation, or against himself in his official capacity, either by default or without interposition and proper presentation of any existing legal or equitable defenses, or by any such officer or agent, retaining or failing to pay over to the proper authorities any funds or property of any county, town, village or municipal cor- poration, after he shall have ceased to be such officer or agent, the court may, in its discretion, prohibit the payment or collection of any such claims, demands, expenses or judgments, in whole or in part, and shall enforce the restitution and recovery thereof, if heretofore or hereafter paid, collected or retained by the person or party heretofore or hereafter receiving or retaining the same, and also may, in its discretion, adjudge and declare the colluding or defaulting official personally responsible therefor, and out of his property, and that of his bondsmen, if any, provide for the collection or repayment thereof, so as to indemnify and save harmless the said county, town, village or municipal eorporation. from a part or the whole thereof; and in case of a judgment, the court may, in its discretion, vacate, set aside and open said judgment, with leave and direction for the defendant therein to interpose and enforce any existing legal or equitable defense therein, under the direction of such person as the court may, in its judgment or order, designate and appoint. All books of minutes, entry or account, and the books, bills, vouchers, checks, contracts or other papers connected with or used or filed in the office of, or with any officer, board or commission acting for or on 1097 MUNICIPAL DEBTS. | Cu. XXxXIv. § 1687 Same, Action for Funds, etc., Illegal Appropriations, behalf of any county, town, village or municipal corporation in this State are hereby declared to be public records, and shall be open, subject to reasonable regulations to be prescribed by the officer having the custody thereof, to the inspection of any tax- payer. This section shall not be so construed as to take away any right of action from any county, town, village or municipal cor- poration, or from any public officer, but any right of action now existing, or which may hereafter exist, in favor of any county, town, village or municipal corporation, or in favor of any officer thereof, may be enforced by action or otherwise by the persons hereinbefore authorized to prosecute and maintain actions; and whenever by the provisions of this section an action may be prosecuted or maintained against any officer or other person, his bondsmen, if any, may be joined in such action or proceeding and their liabilities as such enforced by the proper judgment or direc- tion of the court; but any recovery under the provisions of this act shall be for the benefit of and shall be paid to the officer entitled by law to hold and disburse the public moneys of such county, town, village or municipal corporation, and shall, to the amount thereof, be credited the defendant in determining his liability in the action by the county, town, village or municipal corporation or public officer. The provisions of this act shall apply as well to those cases in which the body, board, officer, agent, commissioner or other person above named has not, as to those in which it or he has jurisdiction over the subject-matter of its action. Laws 1881, chap. 521, as am’d by chap. 301, Laws 1892; 3 R. S. 3157, Decisions: Warren v. Baldwin, 105 N. Y. 534; Talcott v. Buffalo, 125 N. Y. 280; Sweet v. Syracuse, 129 N. Y. 316; Bayers v. O’Brien, 153 N. Y. 362. § 1687. Actions for funds, etc., illegally appropriated.—Where any money, funds, credits or other property held or owned * * * officially or otherwise, for or in behalf of a govern- mental or other public interest, by a domestic, municipal or other public corporation, or by a board, officer, custodian, agency or agent of the State, or of a city, county or town * * * has been or is hereafter, without right, obtained, received, converted or disposed of, an action to recover the same, or to recover dam- ages or other compensation for so obtaining, receiving, paying, converting or disposing of the same or both, may be maintained. 1098 CH. XXXIv.] MUNICIPAL DEBTS. Title to, Vests in People, Disposition of Proceeds. §§ 1688-1690 by the people of the State in any court of the State, having jurisdiction thereof. * * * Code of Civ. Pro., § 1969. § 1688. Title to, vests in the people—Upon the commence- ment by the people of the State of any action, suit or other judicial proceeding, as prescribed in this article, the entire cause of action, including the title to the money, funds, credits or other property, with respect to which the suit or action is brought, and to the damages or other compensation recoverable for the obtain- ing, receipt, payment, conversion or disposition thereof, if not previously so vested, is transferred to and becomes absolutely ‘vested in the people of the State. Code Civ. Pro., § 1972. § 1689. Ultimate disposition of proceeds of action in court of the State-—Any court of the State, in which an action is brought by the people, as prescribed in this article, may by the final judgment therein, or by a subsequent order, direct that any money, funds, damages, credits or other property, recovered by, or awarded to, the plaintiff therein, which, if that action had not been brought, would not have vested in the people, be disposed of, as justice requires, in such manner as to reinstate the lawful custody thereof, or to apply the same, or the proceeds thereof, to the objects and purposes for which they were authorized to be raised or procured; after paying into the State treasury, out of the proceeds of the recovery, all expenses incurred by the people in the action. Code Civ. Pro., § 1974. § 1690. Upon petition of corporation, etc., aggrieved—Any ‘corporation, board, officer, custodian, agency or agent, may, in behalf of any city, county, town, village or other division, subdivision, department or portion of the state, which was not a party to an action, brought as prescribed in this article, and ‘which claims to be entitled to the custody or disposition of any of the money, funds, damages, credits or other property, recovered by or awarded to the plaintiff, by the final judgment in~the -action, or any of the proceeds thereof, and not disposed of as prescribed in the last section, present, at any time after the actual collection of the money, and its payment into the State treasury, or the actual receipt of the property by the people, to the Supreme 1099 MUNICIPAL DEBTS. [CH. XxxIv. § 1691 Jurisdiction of Court of Claims. Court, at a special term thereof held in the county of Albany, a verified petition, setting forth the facts, and praying for the relief to which he or it is entitled. Notice of the application and a copy of the petition must be served upon the attorney-general. Upon the hearing the court may make such a final order, as jus- tice requires, for the disposition of the money or other property, as prescribed in the last section. Code Civ. Pro., § 1975. § 1691. Jurisdiction of Court of Claims—Srcrion 1. Any county of this state, containing one or more towns, villages or cities which have heretofore issued bonds to aid in the construc- tion of any railroad passing through such towns, cities or villages, may present to the Court of Claims a claim for the amount of state taxes collected from or paid by any such railroad within the several towns, villages or cities of such county which were so: bonded to aid in the construction of any such railroad, since the eighteenth day of May, eighteen hundred and sixty-nine, and which said taxes were paid by the county treasurer of such county to the state treasurer. Jurisdiction is hereby conferred upon the Court of Claims to hear, audit and determine such claims and to make awards and render judgments therefor against the State and in favor of such claimants, without interest thereon. § 2. The amount which shall be awarded to any county as provided in section one of this act, shall be paid to the county treasurer of such county; and such county treasurer shall invest and apply the same in the manner and for the purposes provided by section four of chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine, entitled “ An act to amend an act entitled ‘An act to authorize the formation of railroad com- panies and to regulate the same,’ passed April second, eighteen hundred and fifty, so as to permit municipal corporations to aid in the construction of such railroads,” and the acts amendatory thereof ; except that in case such county shall have heretofore paid to any such town, village or city, such state taxes or any portion thereof, or in case such county treasurer has heretofore set aside such state taxes or any portion thereof, for the benefit of such town, village or city, in the manner provided by said section four of chapter nine hundred and seven of the laws of eighteen hundred and sixty-nine and the acts amendatory thereof, then and in that case, such moneys or the portion thereof so paid or set aside as 1100 CH. XXXIV. ] MUNICIPAL DEBTS. Jurisdiction of Court of Claims. § 1691 aforesaid, shall be used and applied by such county treasurer for the general purposes of the county. § 3. No award shall be made or judgment rendered herein against the State, unless the facts proved shall make out a case against the State, which would create a liability, were the same established in a court of law or equity against an individual or corporation or municipality; and in case such liability shall be satisfactorily established, then the court of claims shall award to and render judgment for the claimants for such sums as shall be just and equitable, notwithstanding the lapse of time since the accruing of said damages, provided any claim hereunder shall be filed with the court of claims within one year after the passage of this act. Laws 1899, chap. 336. 1101 CHAPTER XXXV. PUBLIC OFFICERS, $1692. Officials not to be interested in §1700. Intrusion into public office. contracts. §1701. Refusing to surrender to suc- §1693. Misappropriation by public cessor. officers, ete. §1702. Neglect of duty. §1694. Other violations of law. §1703. Political assessments. §1695. Acting without having quali- §1704. Corrupt use of office. fied. §1705. Failure to file statement of §1696. Acts of officer de facto. election expenses. §1697. Corrupt bargain for appoint- §1706. Soliciting from candidates. ments. §1707. Judicial candidates not to con- §1698. Taking unlawful fees. tribute. §1699. Asking or receiving reward. §1708. Penalty. § 1692. Officials not to be interested in contracts, ete.—A. publie officer or school officer, who is authorized to sell or lease any prop- erty, or to make any contract in his official capacity, or to take part in making any such sale, lease or contract, who voluntarily becomes interested individually in such sale, lease or contract, directly or indirectly, except in cases where such sale, lease or contract, or payment under the same, is subject to audit or ap- proval by the superintendent of public instruction, is guilty of a misdemeanor. Penal Code, § 473. § 1693. Misappropriation, etc., and falsification of accounts by public officers—A public officer, or a deputy or clerk of any sucl: officer, and any other person receiving money on behalf of, or for account of the people of this State, or of any department of the government of this State, or of any bureau or fund created ny law and in which the people of this State are directly or indirectly interested, or for or on account of any-city, county, village or town, who 1. Appropriates to his own use, or to the use of any person not entitled thereto, without authority of law, any money so received by him as such officer, clerk or deputy, or otherwise ; or 2. Knowingly keeps any false account, or makes any false entry or erasure in any account of, or relating to, any money so received by him; or 1102 CH. XXxv.] PUBLIC OFFICERS. Violations of Law, Acting Without Qualifying. §§ 1694-1697 3. Fraudulently alters, falsifies, conceals, destroys or oblit- erates any such account; or 4, Willfully omits or refuses to pay over to the people of this State or their officer or agent authorized by law to receive the same, or to such city, village, county or town, or the proper officer or authority empowered to demand and receive the same, any money received by him as such officer when it is his duty, imposed by law, to pay over, or account for, the same; Is guilty of felony. Penal Code, § 470. Peculation of public funds, whether the offender is an agent, officer or servant having the funds or property, charged to have been misappropriated is covered by this section. Bank v. People, 91 N. Y. 5.; People v. Iuyon, 1 N. Y. Cr. Rep. 400. § 1694. Other violations of law—An officer or other person mentioned in the last section who willfully disobeys any provision of law regulating his official conduct, in cases other than those specified in that section, is guilty of a misdemeanor, punishable by a fine not exceeding $1,000, or imprisonment not exceeding two years, or both. Penal Code, § 471. § 1695. Acting in a public office without having qualified. — A person who executes any of the functions of a public office without having taken and duly filed the required oath of office, or without having executed and duly filed the required security, is guilty of a misdemeanor, as prescribed by law. Penal Code, § 42. § 1696. Acts of officer de facto not affected.—The last section must not be construed to affect the validity of acts done by a per- son exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts. Penal Code, § 43. The acts of a defacto officer are valid as regards the public. Fort v. Stiles, 57 N. Y. 399. An “officer defacto is one who’ exercises the duty of an officer under color of right as distinguished from a mere usurper. Roch & G. V. R. v. Peabody, 6 Abb. 228; Conover v. Devlin, 15 How. 470. § 1697. Corrupt bargain for appointments, etc—A person who asks or receives, or agrees to receive, any gratuity or reward, or 1108 PUBLIC OFFICERS. [ CH. Xxxv. 8§ 1698, 1699 Taking Unlawful Fees. any promise thereof, for appointing another person, or procuring for another person an appointment to a public office or to a clerk- ship, deputation, or other subordinate position in such an officc, is guilty of a misdemeanor. If the person so offending is a public officer, a conviction also forfeits his office. Penal Code, § 53. An agreement made between A. and B., rival candidates for the same office, whereby A, withdrew and ran for another office, B. promising to pay A. all his past and future expenses. Held, contract void. Robinson v. Kulffluech, 5 Thom. & Cook, 212. An agreement by a deputy sheriff to allow to his principal a sum in gross not payable out of his profits in office, and which might exceed his profits in office, is a violation of the statute. Becker v. Ten Eyck, 6 Paige, 68; Tappan v. Brown, 9 Wend. 175. When two persons apply to the governor to be appointed and one with- draws by agreement and in consideration of which fees and emoluments of office are to be divided between them, the contract is void. Gray v. Hook, 4 N. Y. 449. § 1698. Taking unlawful fees—A public officer or a deputy, clerk, assistant or other subordinate of a public officer, or any person appointed or employed by or in the office of a public officer, who shall, in any manner, act for or in behalf of any such officer, who asks or receives, or consents or agrees to receive, any emolument, gratuity or reward, or any promise of emolument, gratuity or reward, or any money, property or thing of value or of personal advantage, except such as may be authorized by law for doing or omitting to do any official act, or for performing or omitting to perform, or for having performed or omitted to per- form any act whatsoever directly or indirectly related to any matter in respect to which any duty or discretion is by or in pursuance of law imposed upon or vested in him, or may be : exercised by him by virtue of his office, or appointment or em- - ployment or his actual relation to the matter, shall be guilty of a felony, punishable by imprisonment for not more than ten years or by a fine of not more than four thousand dollars, or both. Penal Code, §§ 48 and 50. Taking fees for services not rendered. An executive officer who asks or receives any fee or compensation for any official service which has not, been actually rendered, except in cases of charges for prospective costs @r fees demandable in advance in the cases al- lowed by law, is guilty of a misdemeanor. Penal Code, § 50. § 1699. Asking or receiving reward for omitting or delaying official acts—An executive officer who asks or receives any emolu- 1104 CH. xxxy.] PUBLIC OFFICERS. Intrusion into Offices, Surrender and Successor, etc. §§ 1700-1702 ment, gratuity or reward, or any promise of any emolument, gratuity or reward, for omitting or deferring the performance of any official duty, is guilty of a misdemeanor. Penal Code, § 49. § 1700. Intrusion into public office—A person who willfully intrudes himself into a public office, to which he has not been duly elected or appointed, or who, having been an executive or admin- istrative officer, willfully exercises any of the functions of his office, after his right so to do has ceased, is guilty of a misde- meanor. Penal Code, § 56. As to a decision under this section see Matter of Gray, 2 N. Y. Cr. 307; Meechan’s Public Officers, § 321. , § 1701. Officer refusing to surrender to successsor.—A person who, having been an executive or administrative officer, wrong- fully refuses to surrender the official seal, or any books or papers, appertaining to his office,, upon the demand of his lawful successor, is guilty of a misdemeanor. Penal Code, § 57. The judge has no right to enforce the delivery of books and papers unless the applicant’s title to the office is clear and free from reasonable doubt. People v. Stevens, 5 Hill, 616; Devlin’s Case, 5 Abb. Pr. 281; Matter of Whitney, 1. Edm. Select Cases 498. A person holding office after the legal appointment of his successor and re- fusing to deliver the books and papers. Held, a proper case for the issuing of a warrant under the statute. Matter of Whitney, 2 Barb. 513; Welch v. Cook, 7 How. 282; 11 How. 418; 19 How. 323; 9 How. 414. § 1702. General provisions as to neglect of duty—A public officer, or person holding a public trust or employment, upon whom any duty is enjoined by law, who willfully neglects to perform the duty, is guilty of a misdemeanor. This and the preceding section do not apply to cases of official acts or omissions, the prevention or punishment of which is otherwise specially provided by statute. Penal Code, § 117; see Penal Code, § 154, 471, 684 ante. When a commissioner wilfully neglected to perform his duty in proceedings against a person violating the Excise Law, held to be a misdemeanor. People v. Meakin, 133 N. Y. 214. As to neglect of official duty of board of education see : ; Williams v. People, 15 Week Dig. 317; People v. Com. Council, 16 Abb. N. C. 6, 114. 70 1105 PUBLIC OFFICERS. [CH. xxxv. § 1703 Political Assessments. All officers from whom oaths and affidavits may be taken are bound to ad- minister them when called upon so to do, and a refusal is a misdemeanor. People v. Brooks, 1 Den. 457. An officer of a municipal corporation is a public officer with this section. People v. Bedell, 2 Hill, 196. A public officer cannot waive irregularities or statutory requirements. People v. Wemple, 38 St. Rep. 17. § 1703. Political assessments.—Any person who, 1. Being an officer or employe of the state, or of a political subdivision thereof, directly or indirectly uses his authority or official influence to compel or induce any other officer or employe of the State or a political subdivision thereof, to pay or promise to pay any political assessments; or. 2. “Being an officer or employe of the State, or of a political subdivision thereof, directly or indirectly gives, pays or hands over to any other such officer or employe any money or other valuable thing on account of or to be applied to the promotion of his election, appointment or retention in office, or makes any promise, or gives any subscription to such officer or employe to pay or contribute any money or other valuable thing for any such purpose or object; or 3. Being such an officer or employe and having charge or control of any building, office or room occupied for any purpose of the State or of a political subdivision thereof, consents that any person enter the same for the purpose of making, collecting, re- ceiving or giving notice of any political assessment; or 4. Enters or remains in any such office, building or room, or sends or directs any letter or other writing thereto, for the pur- pose of giving notice of demanding or collecting, or being therein, gives notice of , demands, collects or receives, any political assessment ; 5. Prepares or makes out, or takes any part in preparing or- making out, any political assessment, subscription or contribution, with the intent that the same shall be sent or presented to or collected of any such officer or employe; or 6. Sends or presents any political assessment, subscription, or contribution to, or requests its payment of, any such officer or employe, Is guilty of a misdemeanor. Penal Code, § 4lu, added by Laws 1892, chap. 693. 1106 CH. Xxxv.] PUBLIC OFFICERS. Corrupt Use of Authority, Filing Candidate’s Statement, ete. §§ 1704, 1703 § 1704. Corrupt use of position or authority.—Any person who, 1. While holding a public office, or being nominated or seek- ing a nomination or appointment therefor, corruptly uses or promises to use, directly or indirectly, any official authority or influence possessed or anticipated, in the way of conferring upon any person, or in order to secure, or aid any person in securing, any office or public employment, or any nomination, confirmation, promotion or increase of salary, upon consideration that the vote or political influence or action of the person so to be benefited or of any other person, shall be given or used in behalf of any candidate, officer or party or upon any other corrupt condition or consideration ; or. 2. Being a public officer or employe of the State or a political subdivision having, or claiming to have, any authority or influ- ence affecting the nomination, public employment, confirmation, promotion, removal or increase or decrease of salary of any public officer or employe, or promises or threatens to use, any such authority or influence, directly or indirectly to affect the vote or political action of any such public officer or employe, or on ac count of the vote or political action of such officer or employe; or _ 8. Makes, tenders or offers to procure, or cause any nomina- tion or appointment for any public office or place, or accepts or requests any such nomination or appointment, upon the payment or contribution of any valuable consideration, or upon an under- standing or promise thereof; or 4, Makes any gift, promise or contribution to any person, upon the condition or consideration of receiving an appointment or election to a public office or a position of public employment, or for receiving or retaining any such office or position, or promotion, privilege, increase of salary or compensation therein, or exemption from removal or discharge therefrom, is punishable by imprisonment for not more than two years or by a fine of not more than three thousand dollars, or both. Penal Code, § 41v, added by Laws 1892, chap. 693. § 1705. Failure to file candidate’s statement of expenses.— Every candidate who is voted for at any public election held within this State shall, within ten days after such election, file as hereinafter provided an itemized statement showing in detail all the moneys contributed or expended by him, directly or indi- rectly, by himself or through any other person, in aid of his 1107 PUBLIC OFFICERS. [CH. XXxv. §§ 1706, 1707 Soliciting for Candidates, etc. election. Such statement shall give the names of the various persons who received such moneys, the specific nature of each item, and the purpose for which it was expended or contributed. There shall be attached to such statement an affidavit subscribed and sworn to by such candidate, setting forth in substance that the statement thus made is in all respects true, and that the same is a full and detailed statement of all moneys so contributed or expended by him, directly or indirectly, by himself or through any other person, in aid of his election. Candidates for offices to be filled by the electors of the entire State, or any division or district thereof greater than a county, shall file their statements in the office of secretary of state. The candidates for town, ‘vil- lage and city offices, excepting in the city of New York, shall file their statements in the office of the town, village or city clerk, respectively, and in cities wherein there is no city clerk, with the clerk of the common council of the city wherein the election occurs. Candidates for all other offices, including all officers in the city and county of New York, shall file their statements in the office of the clerk of the county wherein the election occurs. Any candidate for office who refuses or neglects to file a statement as prescribed in this section shall be guilty of a misdemeanor, and shall also forfeit his office. Penal Code, § 4lw, added by Laws 1892, chap. 693. § 1706. Soliciting from candidates Any person who solicits from a candidate for an elective office money or other property, or who seeks to induce such candidate who has been placed in nomination to purchase any ticket, card or evidence of admission to any ball, picnic, fair or entertainment of any kind, is guilty of a misdemeanor; but this section shall not apply to a request for a contribution of money by an authorized representative of the political party, organization or association to which such candi- date belongs. Penal Code, part of § 41z, as am’d by Laws 1906, chap. 503. § 1707. Judicial candidates not to contribute—No candidate for a judicial office shall, directly or indirectly, make any con- tribution of money or other thing of value, nor shall any contribution be solicited of him; but a candidate for a judicial office may make such legal expenditures other than contributions, as are authorized by section forty-one of this act. Penal Code, part of § 41z, as am’d by Laws 1906, chap. 503. 1108 CH. xXXxv.] ‘PUBLIC OFFICERS. Penalties. § 1708 § 1708. Penalty—Any person convicted of a misdemeanor under this title shall for a first offense be punished by imprison- ment for not more than one year, or by a fine of not less than one hundred dollars nor more than five hundred dollars, or by both such fine and imprisonment. Any person convicted of a misde- meanor under this title for a second or subsequent offense shall be guilty of a felony. Penal Code, § 41zz as am’d by Laws 1906, chap. 503. 1109 CHAPTER XXXVI. FEES, ETC. 1709, ‘Assessor’s, §1724. Militia. 1710. Town auditors: §1725. Overseer of highways. 1711. Census enumerators. §1726. Overseer of the poor. 1712. Clerk of the polls. §1727. Physicians. 1713. Commissioner of highways. §1728. Pound master. 1714. Collectors. 81729. Printer’s fees. 1715. Constable’s. §1730. Railroad commissioners. 1716. Commissioners for loaning U. §1731. School commissioners. S. moneys. §1732. Sealer of weights and meas- 1717. Coroner’s. ures, 1718. County clerk’s. §1733. Sheriff’s. 1719. Court crier. §1734. Stenographer. 1720. Fence viewer’s. §1735. Supervisor — town charges. 1721. Inspectors of elections. 81736. County charges, 1722, Jurors. §1737. Town clerks. 1723. Justices of the peace. § 1709. Fees, assessor’s fees.— For each day’s actual and necessary service performed by; for town 0s ed cee bec eee reed ees $2 00 Or at the option of the town board, a salary not exceeding $1,000 per annum, when the assessed valuation of real estate ex- ceeds $20,000,000. Except that in Monroe and Nassau counties assessors are en- titled to $3 per day, and in Nassau county the town boards may ‘fix an annual salary not exceeding $1,200. Town charge. Town Law, § 178, subd. 1, as am’d by Laws 1900, chap. 292; Laws 1902, chap. 320; Laws 1903, chap. 492; Laws, 1904, chap. 124, 312; Laws 1906, chap. 62. § 1710. Town auditors.— To consist of the supervisor, justices and town clerk. Each are to receive for each day’s actual and necessary services performed, each..........-....0e ec eeee $2 00 Id. When elected $3 a day, not exceeding ten days in any one year, except in towns having 12,000 or more, in which towns $3 per day for not over thirty days. 1110 ‘CH. XXxv.] PUBLIC OFFICERS, Fees, Census Enumerator, Poll Clerk, Highway Commissioner. §§ 1711-1714 Collector, Town charge. Town Law, § 176; 3-R. 8. 3235. § 1711. Census enumerators.— Per day actually and necessarily employed.......... $3 00 1K. 8. 381. To be audited by the board of supervisors, but not until the secretary of state shall notify the clerk of the board of the receipt and acceptance of the returns for which compensation is claimed. § 1712. Clerk of the polls—— Each day ballot clerk and poll clerk, each........... $2 00 But supervisors may fix fees not exceeding $6 per day. Town charge. Town Law, § 178, as am’d by Laws 1900, chap. 292; Laws 1902, chap. 320; Laws 1903, chap. 492. § 1713. Highway commissioners’ fees.— For each day’s actual and necessary service for town.. $2 00 When a town has adopted money system of taxation, town board may fix the compensation at not less than $2 or more than $3 per day. Town charge. Town Law, § 178, as am’d by Laws 1900, chap. 292; Laws 1902, chap. 320; Laws 1903, chap. 492. § 1714. Collectors— ‘On all sums paid within thirty days from first posting notice if aggregate shall not exceed $2,000.... 2 Per Cent. Otherwise 1 per cent thereto.............0..0. 3 Per Cent. Mier CU MEV uedvwereeceus Bae deewonseer noe 5 Per Cent. Collector shall receive on all taxes returned to Co. Treas.. unpaid, saccwssceans case wawuwiacak ans 2 Per Cent. Tax Law, § 81. Collector on dog tax....... eee ee ee Pee 10 Per Cent. For every dog or bitch killed by law.......... $1 00 County Law, § 115. 1111 FEES, ETC. (CH. xxxv1. § 1715 Constable’s Fees. e § 1715. Constable’s fees.— IN CIVIL ACTIONS. Hor serving a SUMMONS. cu car ipa eae Ss Oss $ 25 For serving a summons and executing an order of arrest 1 00 For serving a summons and levying warrant of attach- MON sak weve esis ies piaew oe Mee Nea ws oe eS 1 00 For serving a summons and affidavit and executing requi- sition in action for a chattel..................... 1 00: For serving order directing action to be continued before ANOLHEP: gis. puai thats ee wie sie eee eased we ea 50 Justice and attending for the latter, and if attending with a person in custody.......... 00.0. e eee eee 50 For collecting on execution from $1.00 to $50........ 5 per cent. For every. dollar over $50.................--006- 24 per cent. When judgment settled after levy he is entitled to sundry not exceeding value of property. For each mile necessarily traveled going and returning to serve a summons or to serve or execute any other mandate except a venire the distance to be computed from place of abode of person served or the place where it is served to place where it is returnable.......... 10 When two or more mandates in one action are served or executed upon one journey or where a mandate is served upon or executed against two or more persons in one action he is entitled in all to only 10 cents for each mile necessarily traveled. For notifying plaintiff of the execution of an order of AITESt wiv ecy saw nea eee + eo wid wie Wepe lew a a eee ae 25 And for going to plaintiff’s residence or to the place where he is found to serve such notice, for each mile traveled going and returning................... 10 For subpoenaing each witness, not exceeding four.... 25 For notifying the jurors to attend a trial..... ee 1 50 For taking charge of a jury during their deliberations. . 50 When witnesses not exceeding four are subpoenaed by any person other than a constable, each..........066 13 1112 CH. XXXVI] FEES, ETC. ene Fees (Continued.) IN SPECIAL PROCEEDING. For notifying jurors to attend to assess damages in pro- ceedings relating to highways..................4. For notifying jurors to attend in any other case unless a fee therefor is specially prescribed by law, for each person: Noted sLsiaaiedints Gana ene Ace ew dea Beare And for each mile actually and necessarily travelled going from and returning to his place of residence. . . For serving a precipt or other mandate by which the special proceeding is commenced................. For serving a warrant in any case where a fee therefor is not specially prescribed by law...............-. For serving an order, directing the special proceeding to be continued before a justice other than the one before whom it is pending, and for attending before the latter with or without a person in his custody.... For arresting and committing any person pursuant to PROCES sce k er. cress KR er ned neeRe newer ees For subpoenaing each witness, not exceeding four..... For each mile traveled going and returning to serve or execute @ Mandate....0 60. ccwee cseeaes deeeer vans When two or more mandates are served or executed in one special proceeding he is entitled for each mile mecessariny dravcled. oaaianidawk ie cin wae hn wae alae Code Civ. Pro., § 3323. ,iN CRIMINAL CASES. For serving a warrant in a criminal case if an arrest ELSE STYLE LG a ek xk rig oes aint aed ds Sales Sue encceo a Mae a matac M Ex parte Wile, 1 Denio, 658. For every mile traveled going and returning......... _*a Laws 1877, ch. 89. For taking defendant into custody on a mittimus...... For every mile traveled (same as for warrant)...... For taking charge of a JUTY.....0-0+s0sseeeesseas For attending court pursuant to notice from sheriff, for gach day and mileaBey, oc vnusses geese sees genes Except in Albany, Wyoming, Genesee and Westchester. . The Board of Supervisors of Orange, Cayuga, Wayne, . 11138 § 1715 2 oo to 00 10 10 25 50 00 00 25 10 10 75 10 25 10 S oS a) FEES, ETC. [CH. xxxvL § 1715 Constable’s Fees (Continued.) Orleans and Ontario Counties may allow the constables for attending not to exceed.........-..... 000 0ee 3 00 Jn Albany, Wyoming and Genesee Co. they are entitled to mileage, and in Orange, Cayuga, Wayne, Orleans and Ontario the Board of Supervisors may allow them mileage. Code Civ. Pro., § 312. For each mile traveled to and from court.......... 05 For serving subpoena on each witness............... 25 But no charge for subpoenaing for defendant unless ordered by the court. For each mile necessarily and actually traveled going ONO VOLUN ING ous ores whee cine aise Wei adam wee Mee 05 Notiiyine complainant: ¢a05.0xs<+aesa seeds vueaace 25 Mileage going and coming................ cece eees 05 Keeping prisoner, per day.............-.eceeeeees 1 00 Laws 1877, chap. 89. ve. x Conveying persons to magistrate or court or jail 124 and 6 cents per additional mile, and the Board of Supervisors may grant additional compensation such as they deem reasonable, and for other services in criminal cases where no compensation is pro- vided by law. 1 R. S. 785, 589, 1116; County Law, § 230, subd. 6; L. 1845; chap. 186, § 18. For taking charge of a jury....... eee cece eee e eee $0 50 For attending court pursuant to notice from sheriff, for CHCH GAY sci Seance gh 0 Sa wee Sie: ola oul thas eel Oe aoe ae 2 00 ™ Albany county and Westchester county $3 and mile- age.t Except New York, Erie and Kings Counties. For each mile traveled in going to and returning from such court, payable by county treasurer on Clerk’s cer- tificate (Code, § 3312)..... 0.0... eee cee 05 For serving a subpoena for each witness*............ 25 Mileage on distance actually and necessarily traveled, going and returning, to serve subpoena on all the wit- nesses and not separate mileage for each witness, for Gach: Mile. s.ctee wk eo eases ct whee Rha eee 05 Notifying complaint ...... Mostar batoeereeernees 25 ‘CH. XXXVI] FEES, ETC. Loan Commissioners’ Fees, Coroner’s, etc. §§ 1716, 1717 Mileage going idl, Pett net ars rena yi emee ee 05 Keeping prisoner per day (Laws 1877, chap. 89)...... 1 00 1R. 8. 589. County Law, § 230, subd. 6; 1 R. S. 785; chap. 180, Laws 1845, § 18; 1 R. 8. 1116. § 1716. Commissioners for loaning moneys of United States de- posit fund.— Each year, may retain out of the interest of moneys committed to their charge: Upon $25,000 or.a less sum........ ee eee eee 3-4 of 1 per cent. Upon further sum of $25,000 or less......... 1-2 of 1 per cent. Where the whole sum shall exceed $50,000.... 1-2 of 1 per cent. Except in New York county, in which county, upon all sums exceeding $50,000, retain.... 1-4 of 1 per cent. 3 R. S. 2880, § 18. § 1717. Coroner.— FEES OF CORONERS — COUNTY CHARGE, Mileage to place of inquest and return, per mile...... $0 10 Wien Wy, onus occa sa ate waneeee sea anaemia 5 00 Serving subpoena, per mile traveled................ 10 Swearing each witness. ........5cceeceeeeeeeeeeee 15 Drawing decision ...ss0scrawevsssonpesewerse sens 1 00 Copying decision for record, per folio..............- 25 (But such officer shall receive pay for one copy only.) For making and transmitting statement to board of su- pervisors, each decision......--....e ee eeeeee eens 50 ‘For warrant of commitment.........6.-.e. ee eee eee 1 00 For arrest and examination of offenders, fees shall be the same as justices of the peace in like cases. When required to perform the duties of a sheriff, shall be entitled to and receive the same fees as sheriffs for the performance of like duties. Shall be reimbursed for all moneys paid out actually and necessarily by him in the discharge of official duties, as shall be allowed by Board of Supervisors. Shall receive for each and every day and fractional parts thereof spent in making decision (except for one day’s BETVICE) occ ce cc inen wen ined es ee eee s Caen eee 3 00 FEES, ETC. [ CH. XXXVI. ' § 1718 Coroner’s Jury, County Clerk’s Fees. For performing the requirements of law in regard to wrecked vessels, shall receive per day and fractional parts Thereok wascaguw eu washer eee eas aka And a reasonable compensation for all official acts per- formed, and mileage to and from such wrecked vessel, per mile siphenidcsiushes aay sth Atanaradi ais bp eal Wp arith eee ead For taking ante-mortem statement, shall be entitled to the same rates of mileage as before mentioned, and per day and fractional part thereof.................. For taking deposition of injured person in extremis... Whenever, in consequence of performance of his. official duties, a coroner becomes a witness in a criminal pro- ceeding, he shall be entitled to receive mileage to and from his place of residence, per mile.............. For each day or fractional parts thereof actually de- tained aa such Witnetgs. 02 si42 sa Sncga dda wens Laws 1873, chap. 833; as am’d by chap. 763, Laws of 1900. CORONER’S JURY. COUNTY CIUARGE, For each day’s service. ... 0... ccc eee eee eens § 1718. County clerk’s fees — COUNTY CHARGE. For copy of order, record or other paper entered or filed in his office, per folio... ...... 02.0.2 - eee eee For recording any instrument which must or may be legally recorded by him, for each folio............. For filing and entering collectors’ bond.............. For searching for such collectors’ bond.............. For entering satisfaction of the same.............4.. For sealing any paper when required................ For filing any paper required to be filed, except as otherwise specified ...... 0.0... . cece eee cee eee For inquiring into, determining and certifying suffi- ciency of sureties of sheriff.......... 0... cece eee For certificate other than a paper for copying which he 38 entitled: to: fee.csue soos Uae ea ga ee 3 00 10 10 3 00 $1 00 $0 08 10 12 06 12 12 06 50 25 CH. XXXVI] FEES, ETC. County Clerk’s Fees, § 1718 For notifying the Governor that any person has taken the oath of office and necessary postage............ 12 For notifying the Governor that any person has neg- lected to take oath of office or renew any security within the time prescribed by law or of a vacancy in any office in his county, besides necessary postage. . 10 For notifying any person of his appointment to office and the actual and necessary expense incurred which the Comptroller deems reasonable..............4. 25 Code of Civ. Proc., § 3304. [As clerk of courts of oyer and terminer and court of sessions now supreme court and county court. ] Hoe SWEATIND “WINGS .c..0c2.05-cde bas eabeseKees 06 For entering or respiting a recognizance....... bedacame 1214 For calling and swearing a jury.............00ee00- 19 For entering sentence in minutes kept by him......... 121% For every certified copy thereof...............:.... 121% For transcript thereof for secretary of State......... 12144 For copies of records, indictments and other proceed- ings, per foOllOs..ccsus geaeesa sare susseeeeens es 08 4 R. S. 2779 (Bank’s 8th Ed.) For attending upon canvass of election.......... -. $2 00 For drawing necessary certificates of the results of the election, per folio... .... 02... eee eee eee tees 18 For necessary copies thereof, per folio.............. 09 For recording such certificate, per folio............. 10 Code of Civ. Pro., § 3304; 1 R. S. 392. Drawing grand juries, to be audited by board of supervisors, and seem to be discretionary. 3 R. 8. 2866. So for census. 1 R. S. 381. The county clerks of the following counties have been made salaried officers, . . the fees received to belong to the county. Broome county, Laws 1900, chap. 655; Greene county, Laws 1900, chap. 161. 1117 FEES, ETC. [CH. xxxvn §§ 1719-1721 Fees of Court Crier, Fence Viewers, Inspectors Election, etc. § 1719. Court crier.— en Ca 92 tees tule d ca ewraa mau mR ea een cues $3 00 Mileage, going and returning, per mile............. 05 County Law, § 230; 1 R. S. 784. § 1720. Fence viewers.— TOWN CHARGE. The assessors and commissioners of highways are the fence viewers. COMPENSATION. Per day, for services for the town...........-..0005 $2 00 Town Law, § 178, as am’d by Laws 1900, chap. 292; Laws 1902, chap, 320; Laws 1903, chap. 493; Laws 1906, chap. 62, For services in relation to division fences, for each day, each fence viewer ‘is entitled to................5. $1 50 Town Law, § 104. The proportion thereof to be paid by each party interested is determined by the fence viewers. 3 R. 8. 3222, § 104. Services in relation to floating timber, ete., to be paid by owners of lumber. 3 R. S. 2087, § 2. Services as to strays to be paid by the owner of the strays or the person applying for the certificate, viz. : For certificate of the charges ascertained by him...... $0 75: Mileage for every mile he shall be obliged to travel from his house to the place where the strays are kept...... 10 3 R. 8. 3225, Town Law, § 125. § 1721. Inspectors of election.— TOWN CHARGE. For each day’s actual and necessary service........... $2 00 The supervisors may increase this, not exceeding $6 per day. Town Law. § 178, as amended by Laws 1900, chap. 292; Laws 1902, chap.. 320; Laws 1903, chap. 492. 1118 CH. XXxVI.] FEES, ETC. Fees of Jurors, Justices of Peace. §§ 1722, 1723 To the inspector, for taking returns to county clerk, ex- cept in cities and towns where the county clerk’s office , de SHEE cade cee nwaeir Genser ase wee ne sake ene 5 00 For each mile traveled to take returns going and re- UNS sea ied oman Noein peeaakens a acpa bees ot Election Law, § 18, as am’d by chap. 711, Laws of 1900. § 1722. Turors.— Such sum may be allowed every grand or petit juror, for attending courts of record, as the board of supervisors direct, not exceeding per day................00-- $2 00 In counties of Westchester, Orange, Rockland, Erie, Ni- agara, Ontario and Genesee, supervisors may allow grand and trial jurors, not exceeding per day....... 3 00: For mileage going to and returning from such courts not exceeding per mile, unless a lower rate is fixed by such WORT Sos ages eset meee wah te aentae ae aber e wig aeons 05: _A juror is entitled to mileage for actual travel once in each calendar week during the term. In Queens, Rockland and Orange jurors may be paid four eents per mile for each day of actual travel in lieu of other mileage. If trial extends beyond thirty days, such additional sum as court may allow. Code of Civ. Pro., §§ 3313, 3314, 3315. County charge. ‘ They are entitled to a fee of twenty-five cents for each case in which they are impaneled to try a cause, to be paid by the parties. Code Civ. Pro., § 3313. § 1723. Justices of the peace.— SERVICES IN CIVIL ACTIONS. Shall receive for a SUMMONS....... ee eee eee ee eee $0 25 For an order of arrest. .... 0.0. ce cece eee eter ee eece 25 For a warrant of attachment.........-.......---00- 25. For a requisition in an action for a chattel (replevin). . 25 For a subpoena, including all the names inserted therein, 25 For the acknowledgment of a power of attorney....... 25. For taking an affidavit or administering an oath...... 10 For drawing an affidavit, application, or notice required by statute, per folio........ 2... cece ee eee eee es 05 For drawing a bond or an undertaking.............. 25 1119 FEES, ETC. [Cu XXxvL § 1723 Fees, Justice of the Peace. For hearing an application for a commission to examine one or more Witnesses........ 0... cee eee eee eee ee For an order for such a commission, and attending, set- tling and certifying interrogatories............... Code of Civ. Pro., § 3322. For taking and returning testimony as a commissioner. . For each subpoena issued................-..2.00-- Kot each oath adtiinistered 4. s¢0svenssaeevivewereva For postage in returning the commission and papers an- mexéd,| CheretO 24.4.4 cea a BAG EK Mee es WES ee Bes Id., § 3325, For hearing an application to discharge a defendant from arrest, or to vacate or modify a warrant of at- tachment, or increase the plaintiffs security thereupon For an adjournment, except where it is made by the jus- tice on his own Motion... 1.6... cee cece eee eee eee Dora: MOMIPEs eset dueiace ce ees Gabe bare aa goads WS Gene A For impaneling and swearing a jury............... For hearing plaintiff’s evidence where the defendant does Not; appar sos Ged ss We way ae ey eNews For the trial of an issue where the defendant appears for each: days senses. cceser eee seeew are oe wes For the trial of a demurrer................0.0005. For receiving and entering the verdict of a jury....... For entering judgment........... 000s eee cece For filing each paper required by statute to be filed (in cival cases. only \ieaw si aw oisaavsaioee eels au wuss For a transcript of judgment.............0 0 cca eee For a copy of a paper for which a fee is not expressly prescribed by law, per folio........... 0... e ee eee For an execution or the renewal of an execution...... For making a return to an appeal from a judgment.... For an order directing the action or special proceeding to be continued before another justice............ For services when associated with another justice, in any case, where a fee therefor is not expressly prescribed by law, for each day actually spent............... Fees in a special proceeding, or an action not brought before a justice of the peace: 1120 50 50 06 06 50 25 25 25 75 25 25 25 05 25 06 25 25 $2 00 CH. XXXVI] FEES, ETC. Fees, Justice of the Peace (Continued.) For a warrant in case where a fee therefor is not ex- pressly preseribed by law... 10. ses eeaeeee ede eves Tor a warrant for the apprehension of a person charged with being the father of a bastard.............. a For indorsing a warrant issued from another county. . For services when associated with another justice, in any case where a fee therefor is not expressly pre- scribed by law, for each day actually spent......... For a precept or other mandate, whereby a special pro- ceeding is commenced, in a case where a fee therefor is not especially prescribed by law............... For a view of real property, in a case where it is re- QUIS Wy LAW ce cisesieie dieenges cos inllg Glove tel ae atlet astana eect For a warrant of attachment to arrest a delinquent juror OF WITMERS® wo barn ts ns Hew mea aindiond wma warmene For drawing, signing and depositing with the clerk a minute or record of conviction of such juror or wit- ness, or any person for contempt, in any case where a - fee therefor is not especially prescribed by law. . For an execution on such a conviction before him..... For drawing, copying and certifying a bond, an under- taking, recognizance or other written security, and filing the same with the county clerk or other officer with whom it must be filed.................4.. For a subpoena, including all the names inserted therein, For a precept to notify a jury..........-.--..0e-e- For impaneling and swearing a jury, special cases. . For swearing a jury in proceedings to lay out or alter a highway ..<0 eee stewo see seeee eee een eee eae For hearing the matter, concerning which a jury is called, . For receiving and entering the verdict of the jury, and the order, if any, thereupon..............--.0.-- For any service for which a fee, not expressly allowed - by this subdivision, and for which, if rendered in an action before a justice, a fee is allowed by the first subdivision of this section, the fee allowed in such an action for the same service. For taking the deposition of a witness upon an order made or commission issued by a court of record of the State, or a court in another State, or territory, or a foreign country, for each folio..........-..++.+- 71 1121 25 50 25 50 25 25 25 50 25 2 00 15 "25. 10 FEES, ETC. {CuH. xxxv1. § 1723 Fees, Justice of the Peace. For making the necessary return and certificate thereto, For a warrant of commitment for any cause.......... Code Civ. Pro., § 3322, For warrant to put landlord in possession of land in summary proceedings ...... 6.0... cee eee eee For each day’s service performed for the town........ For holding inquests same fees as coroners. 1 R. S. 646, § 3. CRIMINAL CASES. 2 50 25 25 00. AS ESTABLISHED BY CHAPTER 188, Laws OF 1884, AMENDING SEC- TION 3, CHAPTER 692, Laws 1866 (2 R. s, 1831), anD sECTION 3322, CODE CIVIL PROCEDURE. Administering an oath. ......... 00. cee cece ee eee Drawing an information...............0.005 eae Taking deposition of witness on information.......... Issuing warrant of arrest (except in bastardy cases in which his fee is 50C.).... 0... eee ee eee eee eee Indorsing warrant from another county.............. Warrant of commitment...... 2.0.0... 0c eee ee eee *Subpoena, including all names inserted therein...... Each copy of subpoena for service..........+..006. Filing each paper required by law................ Furnishing copies of papers in any proceedings, per folio, 100) Words ees ew Gas pee eu eae eg Sie! Each order in writing or certificate required by law.... Drawing undertaking of bail................0..04- Taking an, acknowledgment... .G6sse ns oe Rewer nae Each day’s necessary attendance upon hearing or exami- nation of accused ......... cece eee e eee eee Each necessary adjournment of the hearing or exami- NANON Giwnasee esa severe ade eewarsaw ee era $0 25. 25. 25 25 10 05 05 25 25 25 00 25 In assault and battery cases the board of supervisors cannot. audit any fee for a warrant. 2 R. S. 1831. 1122 OH. XXxv1] a FEES, ETC. Same, Militia, § 1724 SPECIAL SESSIONS. AS ESTABLISHED BY SECTION 4, CHAPTER 692, Laws 1866. Went) .apghugusededsGenviaeegeesseeeaasesass $0 25 Swearing each witness ..... 0.0... cece eee eee eens 10 Swearing the JUry: «aces seceensneawesstacewsagis 25 Swearirg constable, to attend jury................4. 10 *Subpoena, all names........ 0... cee cee ee eee eee 25 Each actual and necessary day of trial............... 1 00 Receiving and entering verdict of jury.............. 25 Hintering Sentence: OT COUP. tienen een gin anew ee nee * 95 Warrant of commitment on sentence..............4. 25 Record of conviction and filing same................ 75 But all such charges in any one case shall not exceed $5, unless such court continues more than one day, in which case the cost of such additional day may be added thereto. Return to any writ of certiorari (when to be paid by the county) oscsse. ves ves cane set ova ews een 2 00 Each day actually and necessarily occupied when associ- ated with another justice in case of bastardy........ 2 00 2 R. S. 1831. The bill shall in all cases contain the name and residence of the complain- ant, the action of the justices on such complaint, the offense charged, the constable or. officer to whom any warrant on such complaint was delivered, whether the person charged was or was not arrested, whether an examina- tion as waived or had, and witnesses sworn therein; and the account shall also show the fmal action of the justices in the premises. Town Law, § 164; 3 R. S. 3232. Laws 1845, chap. 180, § 18; 1 R. 8. 1116. Unless court otherwise direct. : See County Law, § 230, subd. 6; 1 R. S. 785. § 1724. Militia — MILITIA, To a musician or private.......... sitet eee eee eees $1 25 To a first sergeant or sergeant-major, or noncommis- sioned officer acting as such....... svar ta Gi dareselodaeresres en 2 00 To any other noncommissioned officer, or private acting as such.s:...e eee eee 2 atte Sih Gt tk at ener tweet add 1 50 To each enlisted man who has served full term; 25 cents 1123 FEES, ETC. [CH. xxxv1. §§ 1725-1727 Fees, Overseer of Poor, Highway, Physicians. per day during second five years, and further addition of 25 cents per day each succeeding five years. To a lientenant....0. 00. ee cee ee eee eke $2 50 To a captain or company commander............... 3 00 To a major or lieutenant-colonel..................-. 4 00 To a colonel or commanding officer of regiment, or of a battalion or squadron not a part of regiment or bat- (AGN! Bese ess igs o Sousa eg Se se 5 00 To a’ brigadier-@eneral., wo. 0. cae gos ees ke ete wees 6 00 To a major-genérals..s ccvsccceeecee es aveeds ca oes ee 8 00 To an adjutant or officer acting as such.............. 3 00 To all staff officers, the pay of line officer of equal grade. When on duty or assembled in case of riot, tumult, breach of peace, insurrection or invasion, or when called to aid civil authori- ties, commissioned officers receive same pay and allowance as com- missioned officers of the U. 8. regular army, equal grade and term of service. Each mounted and equipped officer and man reasonable pay per dav for each horse actually used by him. Military Code, § 120; 2 R. S. 2028. See Id., § 123. § 1725. Overseer of highways.— TOWN CHARGE. If any overseer of highways shall be employed more days in executing the duties devolving upon him by law then he is assessed to work on the highway, he shall be paid for the excess, per hour for each day......... $0 121% Highway Law, § 24; 2 R. S, 1413. § 1726. Overseer of the poor.— For each day’s service... 06.00... cece eee eee eee $2 00 Town Law, § 178, as am’d by chap. 292, Laws 1900; Laws 1903, chap. 492; 1904, chaps. 124, 312, 546, 329; 1905, 643; 1906, 62. § 1727. Physicians. IN TOWNS. Health officer. Compensation to be fixed by board of health. Public Health Law. § 21, as am’d by Laws 1903, chap. 383. 1124+ CH. xxxv1.J FEES, ETC. Fees of Pound Master. § 1728 COUNTY CHARGES. When employed by coroners to make post-mortem examinations and dissections, and testify to the same, compensation is fixed by the board of supervisors. Laws 1873, chap. 833, as am’d by chap. 535, Laws 1874; 1 R. S. 647. See “ Auditing of Accounts,” “ Physician.” For dissection on the order of district attorney, expense certified by him is to be paid by county treasurer. Penal Code, § 308. In counties where there is a poorhouse, and having more than one superintendent of the poor, the superintendents appoint the physician to the poorhouse and audit and settle the accounts there- for. 2 R. S. 2295; Poor Law, § 3. For services in examining and certifying in reference to the in- sanity of any poor person such sum as may be certified by the- judge issuing commitment. Insanity Law, § 64; 2 R. S. 1554, The compensation of jail physician is fixed by the board of su- pervisors. Id., § 126. § 1728. Pound-master— For keeping each horse or mule reasonable pay not ex- ceeding per day. oa new saetecsaneuaiinnn Sens Gicae Gi aA pire Ges SAHIN Ga eS ores 897 powers of one Commissioner.......-.-...-. eee e eee eens 898 powers of Commissioners of highway..................-+.065 898, 902 Superintendents of highways and bridges.................00eeeee 898 keep them in repair, etc........... cece ee ee eee eet e nee 899 divide- town into highway districts................ 00sec eee e ees 899 appoint Overseer of highways.........- +... see e eee e cence eens 900 expend the moneys raised, etc. .......-. 0. eee eee eee eee eee ees 901 enter lands to perform labor, etc............ cee cece eee eee eens 901 direct? Overseer, Cte ica cq sucaked cake caw Rea iew Sha teOene t 901, 902 may erect mile boards and guide boards.............-.--.-...455 905 may purchase stone crusher..........-. eee e ee ete cece eee ees 906 TEPOrt Of... eee eee eee tenet eee eee eee 906, 908 open obstructed highway........... 060656 s eevee eee eee ee 911 give notice to remove weeds........ Bible dvtan Sahar ebere ware ei eee See 912 duties in certain towMsS........ 00... c cee eee cette cette 912 repairing bridge when town or county expense.......-....-++--++- 914 statement of EXPEDSE.... 06. ee cece ee cee eee teen et en eees 915 joint liability of towns.............. eee eee eee etree eres 1+, 916 refusal to repair......... 0.0 cece ee ee eee renee teen nnee »» 916 consent to rebuild or repair.........6. 0 eee e eee erect rere eeees «. 917 compelling repairs, ete......--.+-.5 esses eee renee eees INDEX. COMMISSIONER OF HIGHWAYS (Continued). PAGE. petition of freeholder, etc.................. set aan ae srecehat ee Aes 918 to imstitute proceedings. .......0.. 0. ccc cece eect eee e eee eee 919 their: duties: thereon: dec ced en ceuidyals cogs wae aeene cape gaveie's 919 to make report of proceedings.............0 ccc eeee etn ener eee 919 appeal thereities ss cass ccsiecs ea dees sews eedaws Eee Ges TIES LA wees 920 power of court on appeals....... 6... cece eee tenes 920 refusing to repair....... dace aa iene see By aLaLAY ahaa aut lan haUaS aie 920 ITON OF Stel DEA GES s.0% gms cae n peau vguworgumdeaciiares vou (O24 restriction on farm and wood bridges.............:0eeeeeeeeeee 922 town not liable when wagon weighs over four tons, ete............ 923 road machines and implements.............0. 00 sees eee ence teee 924 purchase of stone for highway.......... 6.66 ccc c cece ee eee cee ee 926 borrow money for same.............. pLondke a titan asa domes or ebaaacioead dad 926 work to be done by contract... .... cece ccc eee tenes 927 discontinuance of highways......... 00. ccc cece eee eens 928 additional “tax: ete: sees nasi beamed sx kwEd Re gaE es Oot Varese Rete 928 additional sums for fencing, etc........... ec cece ee eee eee ees 929 proceedings for collection, ete........... 0... cee eee cece eee 929 EXPENGICULE, “PTOVISO). score ouccedvee cisco satiecuslace ela utes Weccnace s Aue Gua! dune 929 construction of wire fences... 0.0.0.6... cece cee eee eee eee ». 930 description of highways covered by contract..............5-2000 930 extraordimary Tepairs, Ct. ccscvess ee eeet eee eiee eee we eee nee 930 consent: ‘of ‘town, ete’: sc1o%s0ses bee Renee ame SeReEe eM SoD s + 931 damage for change of grade...... 66... eee cee eect eee tees 932 accounts, NOW MAE: OUb. nos cae ediesaie Aad See FO TMed w HEM a Od 934 efectave MISH WAY a c0.5 255 6.3 sceviritpacscenesaidensd Saracen ateeenisbbsayerncecs in du ensues ae 934 action by town against Commissioners.................0.0000005 937 audit damage without action......... 0.0.06. cece eee eee tenes 938 Lack: of funds 5. €beisicd squrcas ceded ayeaes oe whe me ghee awe ESAs 939 Consent of, purchase of gravel... 6.0... c cece ete eee ees 940 abandonment and reversion of highway, etc..........-..5.-..000. 940 penalties, how collected.....6..c.0s a ecee seeses Meee eae ewe er 941 change to money system of taxation........... 0.6 cee e eee eee ee 941 VOEE:. CREPE OM sss sid sted. fe Vassar sie tease Ree tciated stra tovanrenet leet ene wie waren A ebie 941 when change to take effect...... 0... 6. . cece eee cece cette eens 942 annual tax under money system........... 0... cece ee eee eens 943 commutations ...... Helis x Gig Sig Rie RBs anaes ATR Re My AGRON Sante 944 penalty failure to work or commute........... 00. cece eee 945 assessment for unperformed work............-6: cece cece eee eee 946 collection of ATTeATAGES.. 1... eee eee 948 laying out road through burying ground...... spared Rubin aunun loan. odes 948 costs, by whom paid. .ccicccs essences eee e eee d ened fees niece 949 damages for same............. Sibir Saison ata lan arsed a orgie mn cath ga an 949 assessment for damages........... 0... cc cee eee cece nee e ene 950 when officers disagree about highway.....................00005, 951 difference about~lighways........ 6.0.6... eee RoI Oaseduigaoe 953 highways in two or more townS........-...--.ee eee cetera 954 damage for opening private road........ sees cee cence eee eee es 954 expense thereof, etc......... sieht arse toca) ain 9)'8 ait in esac Bea aru ti tray asa gattbar 8 954 bicycle pathsiasacuescened pesca erdstes eed ease eres sseemauslgiein's 955 finds raised by’ taXs:.002 .¢cwe reuse vanes eemaee oa wma saad ss 956. widening highway, proceedings, etc....-..- 6... ccc cece eee eee eeee 957 railroad through public lands........... 06. ccc eee e cece e eee 958 not upon grounds, public buildings, ete.................. 02. 958 over state. TandSicrcasccuis ccaedecueead anew adn yarns 4 areas 958 power of gas. COMPANIES e535) cody Beane Ae me eb eag tepgmeeaa 950 incorporation of gas company, etc......-...-. 66s eee eee eee ee 959 lay pipes in highways, etc............... ee eee 961 turnpikes, plank roads and bridge corporations................ 963, 969 See TURNPIKES, ETC., COMPANIES. ; ; damage for altering grade in streets, etc.......... uovaumurioenie 970 1157 INDEX. COMMISSIONER OF HIGHWAYS (Continued). PAGE, damage, how chargeable... 006 0.¢.sccviviweescwsas Hag eanes es 970 care of bridges: in. villages ss; ¢s osu: ccasuesngrans+ aneerieingen ss 971 when village may build or repair bridge......................... 971 heating companies lay pipes, ete....................000. iSaeoutea 971 electrical subways, lay pipes, ete............. 0.020 eee 972 drainage sewer and water pipes..........-. 2.000200. 0 20 e eee eee 972 highways by dedication: ...0. 06254 ccasseensi vee snes cede sheen gay 973 COMMISSIONERS OF PUBLIC HEALTH — See Lasor Laws. organization of State Department of Health...................... 465 general powers and duties of......... 00.0... c eee eee ee 405 duties with respect to vital statistics......................0...000. 466 form of burial and transportation permit, etc............... 0.0... 466 rules of New York State Department of Health............... 470-4753 examine into nuisances, ete......... 00. ee eee 473 examination and inspection of public works...................... 474 powers when municipality fails to establish Board................ 474 COMMISSIONERS OF SCHOOLS — See SCHOOLS. COMMISSIONER OF SEWER — See SEWAGE. COMMITTEES — powers of when appointed by Board of Supervisors.....,........ may adjourm proceedings....5:cscesse0es drew iioyenenretageans may examine witnesses as to qualication.........--...- ces eens See Boab oF SUPERVISORS. COMPENSATION — See CHAPTER ON FEES. COMPTROLLER — may purchase lands for state or county........... 00.000 cee eee deeds and application thereof...........0.. 00.0 cece cee ce eee éancellation. of SaléSs. 243 cei ssa yee eee Se Sede Ow ESS ee OEE Oe CONCEALING BOOKS, ETC.— Eee BOOKS) “cas eiaidicen ceenaiey tase speamausbavcendadyane sea dubebun dh aeatecsnmet elleae wresap aus n23; CONDITIONAL SALES — contract for filédsysi2vcemace ts tiie Veeiaee caw seed eee ae sae TS CONDEMNATION PROCEEDINGS — municipal corporation may institute............ Stedoiers Sihie sarees CONFIRMATION ASSESSMENT ROLL — See ASSESSORS. CONSTABLES — possess powers of game protectOr.......... 2.66. eee eee eee eee See GAME PROTECTOR. compensation for attending court, serving process and conveying prisoners; tO chargecd..ai2.02 5 uedas gescimes ama vnwenasdy y yea nies form of account for Board of Supervisors................+..0005- special, when and how to be appointed..........-...-. see eeeeee 1158 Sy tolots 453 90 177 205 255 CONSTABLES. (Continued). Baked PAGE. badge to be worn by............... eee eee ee tees breigsahesi ammactes 255 duties and powers and compensation of........... KegLORA NET ERE » 255 term of office two years........ 0... eee cece eee om fee daniiStel wk , 804 when date of town meeting changed.............--..2.05- peeeeee 804 oath of office and before whom taken.............0..0 eee eee 307, 308 vacancies, when and how filled............ 0.0... e eee eee eee ,. 308 vacancies filled, special election or appointment.............. 309, 310 resignation: Ofsesse0 204 nesccgen seth. see Rewer sWER ese eee Ree eee 311 TOMOV Al’ Obisge loss saiuere wares A gvssas iarscgeeca whe sugp yl a Shig. ecsien apa aameeasebnn das oar evs 312 validity of acts performed before filing undertaking............... 320 ANCETCAKIME GIVEN i wvecincs.ssecsn oa deaiice bo aoe « Paes Pa ase 336 special Constable may be appointed................. 0.00. cece 348 Constable who induces person to bring action misdemeanor when.. 412 See Boarp or SUPERVISORS, Town AUDITOR’s FEES oF CONSTABLE. CONSUMPTION — See HOSPITAL. CONTAGIOUS OR INFECTIOUS DISEASES — See Boarp-or HEALTH. ATVONS SE: PCTSOMB ise 5c cuss 5-d Qld d quned ih lanacs Ra paualere: Bees eid Sneep eee sdeaeas 484 AMD. A LWISHOUSES css x. 5c cts seers ccien Seay ian sk 4k avai tok aren ois aici Wma Nb re... 485 burial of persons when cause of death was............. 0.0.00 e0e 484 affecting domestic animals............. 06... e eee cece ete es 503° payment for destroying animal with................. 0.2.0. ce eee 501 protection against infected vessels and cargoes.............----- 501 federal regulations in regard to animals affected................. * 504 See COMMISSIONERS OF AGRICULTURE AS TO CONTAGION AND INFEC- TION OF TREES, BEES, ETC., ANIMALS. CONTRACTS — to be in name of corporation for counties........ Seiad parece ae 2 public officers not to be interested in............-.----- +e eee eee 1102 assignment or sub-letting public contracts without consent pro- hibited ..... apache Ree

Beenae't oes 388 to: suppress! ‘riots; €teic 20 sone cs were Re TESS See SSE EES Le owas 390 fees of Justice of the Peace in criminal cases when.............. 460 cost committing poor, indigent or insane...................000005 663 female attendance in asylum.............0 0.2. e cee ee cee ee U4 when caré of blind is, tC. cncnoncesaunicemnwns acneaes Heaaes 669, 670 how: re-imbursed ss ccis i cos cna secretes Sere ard Han anes aelR Hens wa ELA ALA oo 670 expense when child placed in institution, etc..................0.. 673 for support of children in institutions for improvement, etc........ O74 support of inmates in institutions.............. 00.0 c eee eee eae 683 burial and head stones for soldiers, sailors, ete............0. csv eee 696 erecting and improving cemeteries............ 06.00. eee e eens 711 acquiring site for armory... 1.0... c ec eee eee eens 72 CTUATESCHOOISWHEM 4.0. dccscce msn Savers dni ddtavsieeidtabier boidie done dur eneeien a6 742 repairing free bridges, ete... 0.0... -6 6. ccc eects 914 election expenses, when and what part of are..............+4. 988, 980 COUNTY CLERK — election and appointment...........66. 6c cece cece cnet neers on LE teVnM: Of sOMCC, 5 sad coe ais «ARGO ERS UA RG ea RET TS are 7 undertaking Of....... 0... c cece eee cee e eee eee jiRe vende sae 17 MOWeTS ANd. AUbIES's. sow cscs sine Fame mie e cedon gee sien ieincds o aientomen Aguas adn 17 custody of books and records............ 0226s e ee eee eee eens 17 provide books for records... ...-..0- 006 ee eee e eee e eee ees 18 give notice of election, appointment or removal, to persons elected, appointed or removed........ 0.00. c eee cence eee ets 18 notify Governor of vacancy in county office..... he Faun ne srs iy 18 report to Secretary of State names of corporations incorporated within. (h6 ‘Years ke cies caueay rene eee a Ra eae 18 keep book of his fees open to public.......-....... 0000s eee ees 1s shall be clerk of court... 0.0.0.0: cece cece teeta 19 shall keep register of moneys deposited with County Treasurer.... 1 furnish criminal statistics to Secretary of State................, 19-20 notify notaries of appointment.............-.: 0. see eee cee 19-24) appoint Deputy..... 2.2.65. 0 5 ec ene eee eee enn ee ou INDEX. COUNTY CLERK (Continued). PAGE. shall render Board of Supervisors statement of fees received, charges for services rendered and of all receipts and expenditures........ 20 OMe: NOUS sic si lgusiae Otome ranch Eon wees ep hersa 20 keep index books for records....... 00... cece cece ee eee erences 21 keep-record books for all papers to be recorded............ ee 21 report omissions of town officers............ 0. sce eee eee eee poe Peak may appoint special deputy for courts.............0..0e eee eee ey undertakings to be filed with..........0. 0.00. e cece eee eee 15 furnish criminal statistics to Secretary of State.................. 207 shall file collector’s bond and lien on, etc..............52 0... 335 when to file chattel mortgages.........0. 0... cece eee eee eee eee 414 SEE CHATTEL Mor1eacEs, duty of as to soldier’s vote and canvass of...............0..0005 1011 to prepare and furnish enrollment books................ a th ouastaarebl he 1022 duty of as to special enrollment or enrollment of elector attaining MAJOLILY’ capac gay eae ewe ees OSE Rs FER wes Vo NOs ae OL Dee 1024, 1025 duty on change of residence Of.............. 00. e eee ee eee renee 1025 ClSEtOR g cra Sta cng SR ee RS hse ahh SRE RES mis die wReS Tee 1027 furnish data as to corporations...........6 00. c cece eee eee 871 to be Secretary of Board County Canvassers..............-...-- 99+ transmit to, corrected statement of canvass by Board County Can- vassers to Secretary of State and Board Election............. 997 notify persons elected of their election...............---0.-- 2 ee 1001 transmit copy of Board County Canvassers statement to Governor, Comptroller and Secretary of State.............. cece eee ieee 1002 COUNTY COURT — to hear appeal from Supervisor’s decision, ete.........-...+..4.06- 358 action against incorporated village not affected by dissolution.... 368 power of when Collector fails to pay over taxes.......-.....+.... 842 proceeding in, ete... 6. eee eee eee eee e eee eee ees 843 collection of deficiency from bondsmen..........--.+.+-++se--5ee 843 COUNTY DEBTS LIMITED — SEE “MUNICIPAL DEBTS) i.0 cca ved toe owen meee owes a nee 1072 COUNTY ENGINEER — appointment of, term of Offices WUtWES; Cbs ca ean cas caging tee eas amts 117 may maintain highways if Commissioner neglects, ete.............. 118 supervision of repairs, improvements, ete., under..........-...... 126 GUIEIOS |v tres eiinte lacus neha tava dense auancdane aus hs eae eraales cath BAN Cae eR NS Be 126 compensation, reports; ete ciassa vse ee nee tte eee eens 126 may be appointed by Board of Supervisors......-.-..+++++++.+-- 1¢€5 may appoint Deputy........0.6. eee e eect e eee eee 166 duties of County Engineer........... 2... ee eee ee eee ee eee 166, 167 must approve contract made by town... ..-..--+ sees erste eee cree 167 highways built by town to be approved by........ceeeer eee eee eee 168 repair and construction of bridges (CET A038 ccatae See hele oe 163 must examine bridges yearly and report.......... Ree Pw eae 163 prescribe form of Commissioner’s POPOL copier onions! cmnading Sate ne hes 169 must report to Board of Supervisors... .-. +++ +. seer eee eee eee 169 See Hicuways AND BRIDGES. COUNTY HIGHWAY SYSTEM — plank road, turnpike acquired, et... .. cc cece eee eee eee eee ee 163 See ITigliwAYs AND BRIDGES. COUNTY JUDGE — election and appointment... .....-...cee escent reenter e eens 2 EBs «cc ees Sore Pitas mie es TRATIONS PTR EAS term of office 6, salary and how [O(a INDEX. COUNTY JUDGE (Continued). PAGE. specia} election may be ordered to fill vacancy................05. 31 holding court in another county............... ccc cece eee ee 31 local officers to discharge duties of.............. 0. cece eee ee eee 31 acting! AG: Surrogate... 2.5 2.cojefseus na vchandin Ral goeuiang aubskualarewueastvatan ae nsecar 32 appointment of special...........0.0 0... e cece eee eee 32 to: be Surrogate: whens wviciascincmy se puaiware ve ew sine s gate a sned a sone 32 when to act as Surrogate in case of Surrogate’s disability.......... 32 when may appoint Sheriff........ 00... cee eee cee eee 42 Grand Jurors, may order increase of number to be returned........ 91 to tax expense, incorporation of village proceedings, ete........... 362 COUNTY LINE — when crossing island............ 00. ce cee eee ene eeee Seeriwarer ween 2 when divided by creek.............546- sahiee ee tneieas Pace pea cwad 2 See BounDARY. COUNTY OFFICERS — See County TREASURER. See County CLERK. See District ATTORNEY. See Country JupcE AND SURROGATE. See SHERIFF. See PuBLIC OFFICERS. COUNTY POOR — EXPOMSE: OP ce ascatiieie dusnindasvtng Gudiaoned ds, beopinscWiieumanereisys a Iecavnibis pi avavetanavasdesprons 598 See SUPERINTENDENT OF THE POOR. COUNTY ROADS. See Highways, RoapDs AND BRIDGES. COUNTY SUPERINTENDENT OF HIGHWAYS — may be appointed in place of County Engineer........ so rst shuns Callin See CouNTY ENGINEER. COUNTY TREASURER — election or appointment of......... 00... cece eee eee eens 4 term, Of OMCE 45 ey ugsiait be yiesleny a wee ue A AupaiEts saciteigle bE pislatae = KE 4 undertaking’ Of) ::cc«.acs ccs erie reac yeeainee pean ds emeurias Dee 4 appoint deputy... . 0.0... cece eee eee eee eee ttt nenenes 5 may be removed by Governor. .....-.. 6... sec eee e ee ene eee 6 powers and duties... 2.0.0.0... e eee cnet ete eet 6 receive and account for all county moneys........... 0.2.00 eee eee 6 keep account of all receipts and expenditures.................... G amnually and oftener if required render full verified report to Board of Supervisors of condition of his accounts............... 6 file copy of such report with County Clerk and Comptroller........ 6 receipt and pay to Comptroller annually all penalties received by HIN: casio Passa ke Seaoe seeds soe dau een oe wptliee RS eee G pay to State Treasurer one-half of State tax on or before April 15 and balance on or before May 15............00 000.0. e eee 6 liable for interest if he fails to pay over taxes to State Treasurer. . 6 file report with County Clerk as to infants’ funds................ 7 exhibit books and accounts to Supervisor at the annual meeting... . 7 accounts to be audited by Board of Supervisors, transfer unclaimed juror fees to general fund............ 2... eee eee eee eee eee 7 liable for interest received on county funds....................0.. & shall not hold office Superintendent of Poor...............-..... 9 time for making report may be extended................-....-. 1164 INDEX. COUNTY TREASURER (Continued). PAGE. designate bank for deposit of county funds.................0.06: 10 undertaking of bank holding county funds to be given............ 10 liable for loss of county funds by failure of depositary........... ll purposes for which county funds shall be P2id OUb. sc ccasccenoas sas ll deliver books and funds to successor................. Sos ors enes rials ll refusal so to do is misdemeanor...............0. 0000 cee eeee eens 12 time for collection of taxes may be extended.................... 13 powers of Board of Supervisors as to County Treasurer’s clerks.... 13 fees under liquor tax iaw........00. cece ccc cence ees 14 neglect to pay over MONCY........... 0... cece eee eee eee eee 14 commission on moneys paid into court..............-20000220005- 15 penalty for neglect or malfeasance...............0.0 cece eee cee 15 fees on transfer or inheritance tax...............00. 20 cece ee eee 15 moneys and penalties collected on undertakings to be paid to....... 75 shall pay one-half expense of improving public highway........... 152 shall pay for damages as awarded improving highways............ 159 duty of as to money or property of deceased person received by him from. Coronetie: oc. ou hemney son the ne eases Kee ES ERASE eee oueie 179 authority, warrant or order for payment of money what is sufficient 212 require Supervisor to give bonds for school moneys............... 317 shall sue on bond if broken.............. 0.0... cee eee eee eee 317 furnish certificate of filing bond, ete......................000.. 327 receive moneys under liquor traffic, etc.........--... 0.0.0... eee 330 give statement under oath of funds received..................... 330 apportion the same between towns or cities, ete................... 331 penalty for neglect or refusal tv apportion, ete.................. 331 cannot be Superintendent of Poor.............. 0.2... c ee ee eee 588 account with towns as to town poor............- 0c cece eee eee 596 lay Superintendent of Poor’s account before Board of Supervisors.. 597 shall require Supervisor to give bond for school moneys............ 721 may sue bond of Supervisor as to school moneys.................. 721 pay School Collector amount of unpaid taxes as certified to him.. 737 account to Comptroller, tax, ete....... 2... cece ec eee eee ene 841 Joss of tax by defalcation, etc... . 2... 6. cece etc ete eee eee 841 receive overcharge tax from Comptroller....................-005. 844 COURT OF CLAIMS — jurisdiction of municipal corperations, debts, etc............-.... 1100 CRIMINALS — See PRISONERS. CRIMENAES, HABJTUAL person of under supervision of Justices and others....... pubbbiese, sxevere 354 D. DAMAGES — may be recovered by adjacent owner caused by. change of grade.... 110 for opening, discontinuing or altering highways.............. 949-954 for defective highways........ 0.0... cece ee eee eee teen ee nee e nee 934 DAY’S WORK — See Lapor Law. DEATHS — certificates of, to be filed with local Board of Health............. . 483 report of by officers of institution, etc....... ada asetey 6 it SUN ate s:t:- 680 DEAF-MUTES AND DUMB— Ce a) Ga etrae eee ees vee; 672-676 INDEX. DEBTS — PAGE. apportionment of an alteration of county line.................04. 3 apportionment of an alteration of towns.................. 0008. 219 See County CuarcEes, Town CHARGES. of residents and non-residents, how taxed.......-...... cee cease 137 Municipal, WMItEdseeegeu demic gecuetinew wa 04 Gage ee SMa gar 1072, 1075 See Highways AND BRIDGES. DECORATION DAY — Town Boards may appropriate money for.................-.0005. iy same when two towns JOIN............. 0 eee eee eee Wy DEDICATION — RIS WA VS. DY iessswiccesaiee ei cav cn ae detec eosicde bess eins este idtonncn ool saysutated a ananaud gies 973 See HIGHWAYS AND BRIDGES, COMMISSIONERS OF HIGHWAYS. DEFECTIVE HIGHWAYS AND BRIDGES — See Highways AND BRIDGES. See CoMMISSIONERS OF HIGHWAYS. DEFINITIONS — meaning of “ borders” in reference to boundaries, ete.............. 1G ‘road ” means street, avenue or other publie highway............. 124 carriage?” defined sies: sdiiundes sacasldnian ameeiom agg ehatiane Gee ceed oeas Aue 165 “honey; strained honey,” et@ji. 0 ccccscedes aieyes neem ecay mse ees xs 391 term “audit” as applied to action of Board.................0.0. 428 “tort? ‘defined sos. 354 PAPERS, BOOK AND RECORD — See Books. PARENTS — proceedings to compel support of children........... Sacsresivanes . 653, 655 See SUPERINTENDENT OF Poor. PARKS — giits to Trustees of authorized.............. 0 cee cee eects 457 ANCOFPOFOCION: Of, CEC: oes scieis aye dal actin sbeo peainuds acaustevocaiasaiee @oena bud avdemavnanaes 457 eligibility of Trustees, vacancies, removal, ete aca ah aH tengo Bae Aaa ga ego 458 PATHMASTER — See OVERSEER OF HIGHWAYS. PAUPERS — See SUPERINTENDENT OF AND OVERSEER OF THE Poor. 1190 PEACE OFFICERS — PAGE. fees fixed by Town Board............ Bis GG oT cess overs wieeene eebiwwiases LOO) PENALTY — for neglect of County Treasurer to report............00.00e0ees 12 for neglect or malfeasance County Treasurer..................00- 15 for false SWEATING ccs eons naan aap hagnavoans welees Daee PORE 73 for disobeying subpoena............. 0... cece cece eee e ence anes 73-74 imprisonment, when witness may be.................0.0 0c eee eees 74 penalties received by County Officers to be reported........ vanes LTB received by Justice of the Peace, how disposed of............---.- 173 for neglect of officer to make..........0.. 0.000. ce eee scence eens 173 refusal Overseer, highway or Pound Master to serve............. 256 Town Board may impose when.............0..e 0 cece eee eee eee ee 295 summary proceedings to collect when...........-......e cee e eee 296 fine and imprisonment in default....................e cece eee 296 for discharge of sewage in state waters................--.0 00 eee 534 to negleet to report by officers. ......... 0... eee eee ee nee ee 599 apportionment of fines as to school funds...................00000. 725 District Attorney to report as to fines and penalties collected....... 726 WV OTE PAR ysis osisassstsar.at s.G scasenn h ncesavayavenagetevaca aasiiive 6 ohio bens aiepeydue@caeislan kis onion 725 for loss of school moneys by officials......... 0.0.0. e cece eee ees 745 PENITENTIARIES — may receive prisoners from other counties.................... 52, 53 why may be sentenced t0......... 0: cee eee eee cect eee e eee e ners 53 what prisoners are state charges.........-... senssiSue dgeiesensiayad sige ahaa 54 PENSION — property purchased with exempt.............. cee ceeeee eee eees 718 for School Teacher.......... Sig meee a PRET Ge wed BEE ERS < 742, 744 See ScHoozs. PERMIT — may be revoked to discharge sewage in certain waters............. 531 PERSONAL PROPERTY — Ef? dsc scck diconband 4 Rew MO RRRE SRR RaW Rees HRS ESC 756 PHYSICIAN — See JAILS, CORONER. PIPES LAID IN HIGHWAYS — See CoMMISSIONERS OF HIGHWAYS AND HIGHWAYS AND BRIDGES. See Gas COMPANIES. See HEATING COMPANIES. See ELECTRICAL SUBWAYS. See DRAINAGE, SEWERS AND WATER PIPES. PIPE LINES — HAMALION: Ole ws seas anaes wines wunieare awisials & em ueesscartiesere acatese seen es 866 PLANS — to be submitted for discharge of refuse from factories........... 530 PLANK ROADS — a: See HIGHWAYS AND BRIDGES, SUPERINTENDENTS AND OVERSEERS OF THE Hicirways. POLICEMAN — fees, salary and expenses.......-......+00- beeen eee e eee neers : 1191 POLICE JUSTICE — PAGE. fees and expenmses........ balistal-senaindeasaeanaatarends'y eiunarauae ee cccncccccnces» SEG POLITICAL ASSESSMENT — See PtBLic OFFICERS. POLL CLERK — See ELECTION. Poll List: to: be: Kept: Dyce ne ssisin ac cecanese que sin se War gaiere suvernaieies 249 false return: by; TelOnys ¢ snssen se ewaiey Cad agigs ge Gide Ss Ceara Semana ee 249 number Of o¢ gcctxy eg sean i 6 eoulax yeas: seas eo NE OE REIONEy Hew Els 983 qualification of and how appointed.............-.. +e eee eee eee 98+ POLL LISTS — See “ Pott CLERK.” POOR — See SUPERINTENDENT OF POOR AND OVERSEER OF THE Poor. POOR HOUSE — CHAM Ger OF, ICE. OE int cons NW 2.5 duinress aascrcanne wa acieiy aude Baeld wou odio avaveaars 77-80 See Boarp OF SUPERVISORS. POOR, INDIGENT AND INSANE — earé, of ‘ete, by states cuss cageods acctacnen seaweeds eeies pene 661 POOR PERSON — MOH MIGION. siscyc ees yinawn e Ret munca ne csetieaceo co eaeprtoteai dose sueraicsrdiresenteeants WK batahihee ona 587 settlement, how gained a 610 See OVERSEER OF AND SUPERINTENDENT OF Poor. not to be removed and how supported........... 0.000. cece eeaee 611 POST — See Granp ARMY OF THE REPUBLIC. POUNDS — erection or discontinuance of.........000 0.0 0c cee cece eee eee ee 248 election of pound masters.............00 0... c cece cece eee eee 248 beast: when ‘putt: In), €bC ein i pieces even gg mews eamrevnaie @ubdequcseie mana caiale #8 893 Sale; Of Deast. AN, Cbg isms scidrcuadis camiie anche sdacnke us aad eae 893 POUND MASTER — See FENcE VIEWERS. ‘ refusal to serve, penalty of......... 0... cf ccc cece teen eee 256 duties: and: fees oes WHEN ia ses acacoaangncinnce eine sein eceuare ani retains p neiaed 183, 312, 418° when expense incurred in removal of, are county charge...... 183, 184 judgment against in official capacity, when county: charge.......... 183 expense incurred by in resisting removal, not.................... 184 public buildings to be insured...... BaTescuerdarisinnrniaava-saelvaee cananotingsd pte 187 seals for when county charge..............-.......0eeuue ike ot NaRte 206 to deliver books and papers to successor............... Se ee ee 322 of city, town or county to assist Jury Commissioner.............. 371 not to be interested in contracts, etc................0. cc cee eee 1102 misappropriation, etc., falsifying accounts.................-...... 1102 other violations of law...............-....05 sri gta aralalmas av avaieo 1103 acting in office without qualifying.................. Rpaad ease decades 1103 act of officer de facto not effected .......... 0... 0c cece ee cece 1103 corrupt bargains for appointment, evc................ 2... eee eee 1103 taking unlawful fees............. ee er 1104 receiving reward, omission of duties....................... .... 1104 intrusion into public office......... 60... cece cece e eee eee eee ee 1105 refusing to surrender to successor............ 2. eect e eee eee eee 1105 general provisions as to neglect of duty..............-........... 1105 political assessment............ ob ied aaah aires Ane ara Ree goat 1106 corrupt use of position or authority........................00.00, 1107 failure to file candidate’s statement of expense................. 1107 11938 INDEX. PUBLIC OFFICERS (Continued). PAGE. soliciting from candidates:................. scale aA iene tachereces 1108 judicial candidate not to contribute............ 0... ce eee eee eee 1108 Penalty; LOWY. a5 35-4 a dae dure ceaes vara vere A ea eee Dee aS seasick ae 1109 PUBLIC OFFICER’S FEES — when no fees are given by statute must perform................ 440 if illegally paid or audited may be recovered.................... 440 may insure building in their custody...................2000008, 453 PUBLISHING — See ELection, Town AvupiT, County AupiT, Session Laws, Boarp oF SUPERVISORS. PUPILS — admission of into institutions, ete.......... 0... cee ee eee 669 when: county clidtge;, ete. cis cag cae maey ce wires apie eeagecie eater tas 669 application to enter blind institution, ete.................-005. 669, 671 clothing, burial expenses, etc......... 0... eee eee eee eee 669, 671 supervision of blind’ by state institutions.....................00. 670 feeble-minded children, how read, etc........ 0.0.00. cece eee ee eee ee 686 discharge and payment of expense, etc...........0..e cece eee ee 686 expense clothing of state pupils............ cece eee eee e eee e ee 687 Q. QUALIFYING FOR OFFICE — what is qualifying and acceptance of office....... tates. ween 821 R. RAILWAYS — to be authorized by Board of Supervisors............ 'rawnwesscian 128 proceedings thereon............ 0... cece cece eee e een eee iaseeee at 128 pavement between the tracks... ......-- 0... cece cece eee ence eee ene 128 bond, guarantee........... 0... c eee eee Toxeniard oancdreaesays 128 when built through public land. ............... 6. ccc cee cee eee 958 not to be built upon ground occupied by public buildings.......... 958 when over state lands, etc............ 0.0. e eee ee eee es biitrectacersist ase 958 See COMMISSIONERS oF HigHways. RAILROAD AID BONDS — 4 See MuNICcIPAL DEBTS. RAILROAD COMMISSIONERS — office of Railroad Commissioner abolished in certain towns......... 318 duties performed by Supervisor of Town.................0.0ee eee 318 to give bonds for faithful performance of duties.................-. 332 Office. abolishéde soc s0cenerseanes vpanmeytemeeeds sala ESA SHOR 319 Supervisor acts if authorized by town............. ee BSeyetevs 318 See MunicrpaAL DEBTS. RATIO AND APPORTIONMENT — See APPORTIONMENT. REAL ESTATE — GENCE. ocr dearecslned sl eeernaidnaipmanel dh ecommerce Sisusie Asaretaiownalestileae: EOE RECEIVER — property taxable in his hands...............4+. dso'e'a phacarereracae See ASSESSORS. INDEX. RECORDS — 7 PAGE. powers of Boards of Supervisors as to county...../.......-. axoex 10 See County OFFICERS. BW of permit for emptying sewage to be filed............. seeedve. 582 REFUNDING — of taxes, ete., See ASSESSORS. REGISTRATION — P of births, marriages and deaths. see PUBLIC HEALTH. REGISTRATION OF VOTERS — for town meetings in certain counties................0. eee 259, 276 See ENROLLMENT. REGISTRATION — when required for town or village election..............4...--.055 245 of sex and age in almshouse® e. o00 c.g seeeg pide eee eee ee eee s ae 645 designation of place of registration...............ee seen ee eee 982 See ENROLLMENT. REJECTED ACCOUNTS — See Town anp County AvpIts. RELATION — support of and who compelled to support............ 20. e ee ee eee 650 proceedings: thereon es. ace aoe ated ace aide dove ential tyeaubindin ed Heed 650, 653 REMOVAL — unlawfully removing poor persons............. cece eeeee eee ee 655 Of “POW ‘QMS. icnceaccde nae PR Mew Saeed Aan Sat SORT T AEs 532 OA. I NTS ENCES ss cccct ea sgelninn a soap esedre as appiictsal a Suet Geel basso) Bilan auecab aoe Ome ineeuaadatte 418 OF County Officers. ceca ssi ee epainae edn wnee Reblee eae ieee atts 183 RENTS AND DEBTS — See ASSESSORS. REPORT — County Treasurer to make as required............--e cece eee eeee 6, 7 time for County Treasurer to make may be extended............... 9 penalty for County Treasurer to fail to report.................... 12 County Clerk to Board of Supervisors, when to be made and what to GOTTA “cospitsctien ce wiser Behe thee eaece Uasenferesiid bleaal ySilereias touelebeedsaere Valea BpMaciintchn geaaade 21. omission of Town Officers...... 2.0.06. c eee eee eee 21 Of SUTROgAtE, cohen cas ee yee wears cen ESE Fa E Siem Ry falslon a atte 36 Clerk of Board of Supervisors, annual report and statement, what to OVER AMDS oe 2olcein an eae cee vaca Ad racic OSE OTR ced thas Sule oS ncaa nears 97 Supervisors and Commissioner of Highways report filed with Board of Supervisors... 2.6.5.6. eee eee eee Pb eesctnis cosh ect ota Meaeeents el cteeniate 122 to be printed in annual report Of boarder aiccwresenmoeta wees PR er tins woh 122 County Officers to make annual report to Board of Supervisors of moneys and penalties received by............--...-. id auleavieloadle 173 neglect of officers to MAD soe las Gus sayeite aes tote ade teen ities le Gein 173 Superintendent of Poor to report to Board of Supervisors.......... 197 ROTI: “Gi bed eats ces cist maith a Qecneger eee Pee 197 of owner of factory as to emptying refuse, sewage, etc............ 531 to local Board of Health, etc.......---+ eee eee eee eee eee eee 533 penalty for neglect to make report.......20 cece cece ee ence enenes 599 penalty for false report, etC.....- ee eeee reece eee e eee renee .»- 599 INDEX REPORT (Continued). PAGE. report of persons making commitments to state institutions....... 680 of Keeper, Warden, etc., of imstitutions.....................00... 680 Supervisors of Town, Trustees of Village, and Trustees of School Districts, report as to trust funds, etc....................2.. 723 of Supervisors as to school moneys, funds, Pe ete... 02... 723, 729 Collectors of School Districts to make, etce..............2.0. 00005 734 RESERVATIONS — - for Indians not taxable, see ASSESSORS. RESIDENCE — for taxable purposes, see ASSESSORS. RESIGNATION — of officers, see PUBLIC OFFICERS. RESOLUTIONS — See Boarp oF SUPERVISORS AND Town BOARDS. * REVIEW DAY ”’— See ASSESSORS. RIDING AND DRIVING — See RULES oF ROAD. RIOTS — to be dispersed by Supervisors, ete. ........... 0 cee eee eee 38s may be arrested by officers............ 00.0 eee e cece eee 38! militia may be called out and by whom.......................... 389 Sheriff and Deputies must suppress riot.......-................ 388 Mayor must suppress riot.........0 0.06... ABS Alderman must suppress riot..............0 0.00002. ec ec une BBA President of Village must suppress riot........0.0.000..000000008 388 Justice of the Peace must suppress riot......-...........00000. 388 See Miniria. ROADS AND BRIDGES — See Higuways, Roaps AND BBIDGES. RULES OF THE ROAD — person riding or driving turn to right......................000. 164 when overtaking another turn to left................0......0.. 164 in turning a corner keep to right.........................0..0.. 164 violation penalty and damage....,..........-.....0 0... e eee eee 164 running horses misdemeanor oak ied Hao Sane ase eie ke: oR a ataheh yon a weeny 165 vehicles, speed of on roads..........-..-.. see cece ee cece 165 Use of highways, etc. ....... 0. e eee n cece nee cent e ees 15 RURAL CEMETERIES — See CEMETERIES. incorporation of, etc... 0.2.0.6 eee cece eee eee eee 582. 647 proceedings upon Corporations «p25. sis ce dae dca Came ee sues oa g OE 582, 583 burial lots, etc., for soldiers......... 0.0.0.0 ...5.000 00. eee eee 697 purchasing and maintaining lots, etc........... cc ccc eee eee 698 8. SAILORS — See SoLpIERs. 1196 INDEX. SALVAGE — PAGE. See InanimaTe Goons Damacp BY. SAMPLES — ¢ any article of food or drug offered for sale furnished to Board of GAIN: lesen wgrnwnaie.y ave BaQ Pati OS his caituaneerenat Baia Carteussessanei@ami cad sheneeaanert 502 SAN JOSE SCALE — See: (PRUrT! TREES cc dessa vw Leda oda wawitele me eaaion ta neem 393 SAVINGS BANKS — as to taxation of and of deposits. See ASSESSORS. SCHOOLS — See ScHooL CoMMISSIONERS. no aid to denominational............... 20... e cece eee cc eee eee 89 Supervisor to keep school moneys........ Harta tah Shaan sahorard avn yeay a Ss - 328 when school district elect Treasurer, Supervisors to turn funds over 329 union free school, Treasurer not Supervisors to keep money........ 329 moneys, payment of, may be withheld by Comptroller........... 721 Commissioners to meet and apportion......................0005 “721 Commissioners to pay to Supervisor...............0..000 00000. 721 Supervisor to give bond. for. ..05 occ cic cee sad senses eo seas eneys 721 refusal to give bond a misdemeanor................0.2+2-..000 722 acting without bond a misdemeanor...................2.-000005 722 refusing to give bond. money how disposed of.................... 722 trust fund may be given for benefit of......................000. C22 real and personal property may be given in trust for..... pace $22,723 Supervisors to report to gospel and school lots................... 723 Supervisors to report as to common school funds in hands Overseer POGUE cco Siesetienss die eeg ad mega capuph cane daaia sated ane ou Sn cgenea oboe auoneveesia Guests 724 trust fund, principal diminished, how repaid.................... 725 fines and penalties for school funds, how apportioned............. 725 gospel and school lots, Supervisors to act in place of Trustees..... 727 powers and duties of Trustees to.............. ssc eee eee eee eee 727 accounts to be audited........ 0... ccc cece eee tence eee _ 728 funds how apportioned when town divided.............+-.....-0.. 728 Supervisor to report to County Treasurer as to money in his hands. 729 duties as to disbursing school moneys.............0 0 eee ee eee 730, 731 duties in recovering penalties....... shea ies anaes ahora Orcas tae ee A 730, 731 when to pay moneys over to Collector...........5-.. sees eeeeueee 730 when to pay moneys over to Treasurer..............e eee eee eeeee 730 duties as to money for teachers’ wageS.............:ee cece e nee 730 duties as to money for libraries........ 2.0... 6. eee cece eee eee ene - 730 duties as to money for union free schools. ..............-0 0 eee ee 730 aceounts of, how to be kept......... 0. cece cece e eee cee eee vee 730 statements of, to be filed with Town Clerk..................44, .- 730 when to deliver papers, books and moneys to his successor......... 731 alteration. of . districtS.......000 00 elec cece e etter e terete eens 731 appeal from, how taken and heard. ween een t enna 731 property of dissolved district, how disposed OB ceases atatecsonuadanneednds ee 732 how debts cf dissolved districts paid eee eee eee 732 collection of moneys due dissolved district SNae apa Ace neha AMR E : 732 joint district’s equalization OE CASS AB sed sess Are EA ete Mig wots onde 735 assessment of tax thereafter.....-.. 06. cece eect eee eee tenes Lee ice to be given... 6... cece ence eee tee ete enter e nee iene of ne elected, bond to be given..............-...... 733 duties and powers of........... plumper trenees Su Aeerasaceenas 733 no moneys paid except on Trustees order..... SAAS PG am Bae .. 733 reports to be made by.....-.---+++++- HaeaTeyanarsTaayeenn ioruesouseuesaoneiaae 734 1197 INDEX SCHOOLS (Continued). PAGE. when to receive money from Collector..............-.0.e00e ee 733, 734 COMBCHOT: “OL snc asec icfetriais x ci RARE Es SORE EDR Rica thank Ave eie sabe spsians 734 custody and payment of moneys.............0 0... c eee eee eee 734 no payment to be made except on Trustee’s order.................. 734 reports of receipts and disbursements..................00-.-00005 734 pay money 10: SucceSsOF sicas cose nena s seats See SHE ReE So bee ESS 734 return of unpaid taxXcsc. ¢s.c sterke tag Sessa tes gost Ses aaa en 736 How? GO: DO: Tad ele. g.a:e: ghvatecsesds aeeeesdacoersnanor sian’. Mie inagieieveudiees ease Guchatoked » Autne 736 County Treasurer shall pay to, amount of unpaid tax............. 737 warrant for taxes may be renewed.........-..ee cece ence eee 739 Trustees of district, duties of, ete... 00... cece eee eee ri teachers’ wages, how to be paid............ 2c eee eee eens 734, 735 orders must be drawn on Supervisor, Collector or Treasurer in ex- cess of money in their hands.............. 2.0.00 cece eee eee eee 735 may levy district tax for teachers’ wages, when.................. 735 rights as to library moneys............ 0.6... eee e eee ee eee eee 735 shall credit Collector with unpaid tax...................0. ce eee 736 certify and transmit to County Treasurer list of unpaid tax...... 73h may renew Collector’s warrant........ 0... ceeee cece eee rene eens 739 taxes may be paid after returned as unpaid..................0008 738 proceedings for collection of unpaid taxes by Board of Supervisors... 738 employment of children under fourteen years of age during school houts: Tord «coxa ened wees eesan peed enateae takes 739, 741 when child over fourteen and sixteen may be employed........... 730 penalty for violation..................005 (eiCe Han FAA nwa Se 740, 741 loss of apportioned money by officials...............0.50.00 0000 741 penalty for Jositiges esc. steaciitee eta Bi Read Re ees Wks ome 741 WHOS WAY? TSG: FON ia ccc seed socal aaa reunions sais ouentieetia MauaseiheanansAnes Heaignalgate does 741 officials may be sued for neglect of duties.................. 0005 741 attendance or truant Officers..... 0.0066 cc eee 741 duties, terms of office, compensation...............-.5 0050005 741, 742 expense of a county charge.......... 00. c cece cece eee eens 742 census, when and how taken.............- 0c cee cee eee etn eenees T42 teachers, pension for and when entitled to............... sees 742, 744 question to be submitted to electors of the town............. eae tae: duties of Town Board as to... 2.0.60. 6 cece cee teens 742 election to be called to determine and proceedings thereat...... 742, 744 Town Clerk, duty as to schools..... 0.0... 0... eee eee ee eee ee 744, 747 duty as to school officers............ 00. eee ee ee is wane haem 744, 745 papers to be filed with......... 0... e eee eee ec nena vee 744, 745 expenses of, a town charge..... 2.2.06... cece eee t ee eees 745 assessed valuation of railroad, telezraph, telephone and pipe line companies to be apportioned between districts................. 746 U. S. deposit: fund... 0.02... cee eee eens Baeivisuers awe Greed TA investment of school moneys by Comptroller.............0.-+22+% TAT SCHOOL COMMISSIONER — See ScHOOLS. shall meet to apportion and divide school money.................. 2r certify to Supervisors, amount of school moneys apportionment to TOWNS), Claes sauqen ee ener apd ddesise! Mei Gad eap wenP aT wes 721 pay moneys to Supervisors when......... 0... eee eee e eee cece a2 school districts, may alter boundary lines.................. ..... TS decision: of “tO. be: fled... occ lacie sisvieie gode Sie idem don Simi le Hb Hoke eon 731 when order takes effect..........0..00 060 c eee cee cee wea how may be appealed from............ 6... sees eee eee cece . 731 election Of ‘a; new districts; + ec coe qe: ag ygewwasw asicegis ces aes ioe » 745 salary of $1,000.00, etc... 0.0.0.0... cece cee ene eee eee 746 when and how increased and paid.............5--0e eee eee e eee 740 expenses of, how provided for...............-..-.-eee eee sti: TG INDEX. SCHOOL COMMISSIONER DISTRICTS — PAGE. Board of Supervisors may divide............cc.ecceeeceeceeeeees 58 division or ereation of new, etC...........cecceeeeeuveeeeneees . 745 election of Commissioners in new district.............0.e00eees ae. 745 no city to be included, ete.......... cece cece eee eeeeeeceeeene 745 SCHOOL DISTRICT — See ScHoots: BouNDARIES. SCHOOL FUND — may receive poor fund when...............cccccceceeseeceteaece 642 how invested and collected........... 0.0 cece cc cccuvceeucuces 642-643 See SuPERVISORS. See U. S. Derosir Funp. SCHOOL HOUSE — when tax for levied against State land in forest preserve........... 147 SCHOOL MONEYS — See ScHoo.s. See SUPERVISORS. SEALER OF WEIGHTS AND MEASURES — POM CICS fo cis, ascatnsss Bids dba ran inte cen temns poke OMe MONS, 1048-1050: appointed by Common Council............ 0... 0.c cece eee e eee ee 1048 to seal weights and measures.............. 000 ccecpeeceeeeceee 1048 PCOS cassie gig sear aes ata! aha & Saati Paty ain adenceae.’, havardnese wnue deaeuesatenia eonedi is . 1048 MCA TUCIOR fer Yeh bh ect ons cebu ay nile cava Le’n-Atayenden cn, Pog eagle oe 1049 seal Surveyors’ implements................ 0.0 .cce cece cece eee ce 1049 using false Weight’: ..3 icci2s cave, siants aad nauieamas aa sew boven ene 1049 keeping false weights, seizing and destroying..................... 1050 stamping false weights, etc............... 0. cece eee eee eee eens 1050 POT COUN ES oie 2: ete. 4 etna Rags age aie buaguce 4 sploneied « ¥ ieee 1047-1050. keeping false weights, seizing and destroying.................. -+ 1050 stamping false weights, etc.............. 0.0 e eee 1050 appointment of Sealer......... 0.2... cece cece eet eee e en eees 1047 appointed by Board of Supervisors................e ccc ee eee cues 1047 County Sealer act if no Town Sealer...................-...-. 2.2. 1047 Board of Supervisors obtain standard.................. Enon aig ae. 1047 to seal weights and measures and Surveyors’ implements..... 1048-1049 FOG shes, dcyauacea dened ecindieiaca as Wahia OOGUh e mtaidaah cnoe genie au dibdea wh eanaiaet eed see. 1048 vacancies, etc.........--....... woG Danaia eae abies ate oad SOE ans ve 1049 using false: weights oc: :.ccavccieee spam eee med oa. c RE eames s-++. 1049 TOT “COWU MIS 255.99 tates: dan oa ean on ve Patent cig ek soci eutucads dh atarsyesehend diane 1047-1050 APPOINEMENE oe eee se sce eee needing head ede ed AG wee CREME Re IR 1047 appointed by Town Board.................. ee ee 1047 to seal weights and measures and Surveyors’ implements..... 1048-1049 THEE: cae dap yoare sod x Ga REE EE EE RES CASED, CREE le ORES FEE Cee VACANCIES: cici5 occ cies mist Rae RS as SEB MN Hat nals Faane 1654 mus ybre dunk using false weights, etc..........-.. 0s cece eee ee eee cette eens keeping false weights, seizing and destroying * stamping false weights, etc..........-.-: cece eee eee eee eee eae LOE SEALS — for public officers and courts, how to be provided..........-... 2.2 206 SESSION JUSTICE — eo totes office of abolished......0.. 0c ccc c ccc eer neta sascescesccncees aa! 29 1199 INDEX SESSION LAWS — Board of Supervisors to designate newspapers for publication PAGE. MHER COE) se 5.2 cases dneuis iandvanidacdcaastin veudh auaqansed andes, ee Ver apeunuale POO?! x ciscccacune onsen «eyes eee pena sees 663 transfer of insane to Matteawan............ 0.0... eee eee eae 664 duties of to protect incompetents, property, etc.................. 666 proceedings: ‘therein: nice uawdceninen dines mnie vid anne Saw ae ora 666 report of committees to institution, ete...................-...0.. 680 SUPERINTENDENT PUBLIC INSTRUCTION — Supervisor report to as to Gospel and school lots.............. 723, 724 supervise administration of trust funds of common schools......... 723 SUPERINTENDENT OF PUBLIC WORKS — direct as to bridges over canals............... 000s scenes 921 give estimates as to certain bridges...............0........00.0., 925 SUPERINTENDENT OF WEIGHTS AND MEASURES..... Socata tear aie 1046 appointment of State Superintendent.........................00. 1046 TNS SAU CLES aoc scheraycares Sear hucaysstet Sear lactis da ipbash hg ooatiase an nae as cand awa la uae Nowe 1046 copies of standard weights and measures................ 0000-00 1046 See SEALER OF WEIGHTS AND MEASURES. SUPERVISORS — COMPENSATION OF i.s56. 4 oe nies Feed HS Gi N arwawwnnre Saari sw dou PBaaceiva ex 68 compensation for making copy of assessment roll................. 69 file Fire Commissioner’s report with Town Clerk and Board of Supervisors . occsien caiws wave shies wee wana ae ese 8 See an Ra per 85, 87 proceeds of sale of property of fire district upon discontinuance to be received by and how disposed of................. 00000 e eee 85 possess powers of Game Protectors............ 0.0.00: e cee eee ee 90 See GAME PROTECTORS. keep record of obligations issued for bridges...................... 110 shall report annually to State Engineer with Commissioners...... 121 may be required to give additional report....................... 121 no account of shall be audited unless in items and verified form of ACCOUNE susecusereewas bee ee Acer de rere ee Pees seeaeEE ot aas 201 of town prosecute all penalties not provided for.................. 221 duties as to appointment of special Constables................... 255 no greater power in Town Board than any other member......... 278 Supervisor to pay license money to Highway Commissioner....... 295 Supervisor may license junk dealers........... 2.0.0... esse eee 299 election and qualification.............. 0.0 cece reece 304 term of office two years... 2206.50 ¢seeeeeees eee me dea sea dereeins 304 term of office in city two years........... 266 c eee eee eee 305 term of office in certain counties.............. 0... c cece eens 305 what qualifications he must possess................... 0-00. 306 what offices he may not hold............ 0. e cece eee eee 306 who: are itneligibles«: screeners s squivasees overages mee gered 306 Oath Of OfMCE. oss cas ctadar seated guuied tn sane tees eHeseeeeeras 307 form: of oath AKG: 2. ccucd cco teeesie eta Me Ae aD R eee weed 307 before whom oath is taken...........-2-.. 000 c eee eee 308 vacancies, when and how filled............. 0.00. eee erences 308 vacaney filled special election or appointment................ 309, 310 form order appointing Supervisors fill vacancy..................- 310 notice of appointment... ... 0.0.0.6... cece eee ee eee ee eee 311 resignation of office..... 0.2.5... esc e eet e eee e cence cee 311 removal of......... cays saniacltn avon ert bl de th Sst oinl sages Diaadasteacgcth ouseibtas adh desi 312 undertaking to be given.......-..-..e cece eee cece teen ee 312 INDEX. SUPERVISORS (Continued). bond to indemnify against loss of deposit.................0- ities POM ML TOR DOTA 55 ars caus tata cece av cee ce Saacai asa ces prance esos to give bond for school moneys..... SERIE antes aaaro tania Sha ate eclaeere refusal to give school bond misdemeanor...........--2:0+0+eeees to give bonds for railroad fund............ 00.0000 cc ceceeeenuees to act as Railroad Commissioners if authorized................... validity of. acts vefore filing undertaking....................005- what is qualifying and acceptance of office.........-..0.000000005 MULIES: ind POWEIS Gs 2.a:houo- a deat hee gin beatae tasowied ieniean oid le ions eaeren istes jurisdiction three-fold, town officer, canvasser, county officer........ RCOMIPENSA LION: assist Jury Commissioners when required........-----++++seeeee> prepare list for Jury Commissioners........-.------+eersrrreee es pay Sheriff notifying Jurors, etc....--.+-..+ sees eee eee re res make jury list, etc., in certain counties......----+-++eeeereeer ees command rioters to disburse, etc........-.- eee cere eee eee e teens may arrest rioters........---0 00sec rere eee e ete tte e nents may call in person for aid.......-.+-. 0+ see eee e tener eter ees refusal to suppress riot misdemeanor....-.-+--+ +++ ++eeer ere ree es may require surveys to be made, etc.....---.-+.ssssser ieee recs may institute supplementary proceedings to collect taxes, etOrssaes expend surplus moneys, when...-..-+.+++-++srerrerr ees cee PAGE. 313 321 329 329 330 331 334 332 334 334 336 INDEX. SUPERVISORS (Continued). ‘PAGE.. when to act in school district alterations.......... aBeasiniene weeee 404 is member of Town Board............. 00.0 cece cence eee eens 426 with Clerk, Justice may expend surplus money.................. 447 issue bond for payment of moneys borrowed for construction of ditches;, CC. cscdiieoiaeows da gees Geeee dee ge peReE & ROKR ERIORE 536. is Water Commissioner of town............. 0000 c cee cece eee eens 541 has charge of drainage, etc......... cece eee eee eee eee 542 compensation as Water Commissioner.................0 0002 ee eees 547 See DRAINAGE. Supervisor’s consent to take land for burial ground, etc......... 581 See CEMETERIES. cannot be elected Superintendent of Poor................0eseeeee 588. to give order for temporary relief of poor................0ee sees 604 to give order for support of poor, etc............ 0. eee e eee eee 605 shall report to Board as to poor, etc.............. 0 cece eee eee 641 may sue for and select poor funds................0- cece cee eee 642 continue permanent school funds................ 00.02 ee eee eee 643 may loan school funds............ 0. cece cee cece eens 643 foreclosures, interest, and accounting................0..0. eee eee 643 may accept conveyances of real estate, ete... 1.2... cece cee eee ee 647 support of State pupil, ete., New York, Queens, Kings, Suffolk coun- GOS; DUNES COU Circa ceansscsavasetsns eaeiye ete eM ecw eo Giaaredsrsars A isingrcr gee yeaa SegrtoNsdan 671 authorize to send deaf mutes to institute, etce.............-...00- 675 to make appointments, etc........ 6.6 eee eee teens 675 reports of commitment to institute..................e ee eauee 680, 684 raise moneys to support inmates............ 000. e cece ee tee eee 683 School Commissioners to certify money to, etc..............6.05- 721 file the original with Town Clerk, and keep copy................- 721 to receive school money on giving bond............-.. 5 cee e eee 721 refusing to give bond a misdemeanor, etc..............000e severe 722 acting without giving bond, ete........... 0. cee eee eee 722 to report on to common schools, trust funds, ete...............-. 723 to report on to Gospel and school lots.............. 0... e cece eee 723 to report on to common school funds in hands of Overseer of Poor.. 724 to report on to Superintendent of Public Instruction, when, etc.... 726 to act in place of Trustees, etc......... 00. eee ee 726 to report to County Treasurer as to school moneys................. 729 diities of as: to: schoOlssascssccwes secdvesaes testes nore aweegea 731-746 sue for penalties, etc.........6.-. eee eee tte teens 731 on alteration of boundaries of district...................0..000. 731 on appeals from order on same..........---- 0s cece ee cee eee eee 731 fees, On; BUCH. appeal ese sir ctersiardnds co eerie iaky we Mette ete cup eeenaeg Sie 737 dates as to sale of property of dissolved district................ 732 joint district, equalization of taxes, etc.........-.........e se eee 736 how subsequent taxes assessed.........-..--. esses eect eee eens 730 when may summons another Supervisor..........-.-..-+eeee eens 736 fees on such proceedingS..........-. 00. ce cece ener 736. may consent to removal of School Collector, warrant, etc.......... 739 action for official neglect, etc... 6.0... 0.2 cece eee eee teens 741 when to apportion assessments, valuation of railroad, telegraph, telephone and pipe line companies between school districts, ete.. 746 duties after delivery of assessment roll.........-.....-+.-+---5- 803 ferward correct description of lands to Comptroller.............. 810- settlement of conflicting claims as to surplus taxes............ oe 844 to receive copy of Inspector’s return on canvass of vote and deliver to Board of County Canvassers.......-. 00.202 0e eee eee eee 992, 995 may be compelled to attend meeting of Board of County Canvassers. SUPPLEMENTARY PROCEEDINGS — to collect taxes..........-... winiiaaie SRE RR ee Y alae tpl aeea imal a8 397 how and when dismissed. . beeen e eee ete nents fea deans 398 INDEX. SUPREME COURT — PAGE.. cases transferred from Surrogate’s Court............c0cceceecees 38 in New York County has powers of Surrogate’s Court............ 33 SURPLUS MONEYS — of town may be expended, how and when.............0:.eeeeuee 447 SURROGATE — election and appointment..........0.... 00. c ccc eee eee eee 28 COLIN, OF OM CE ios 25 csiseyecee peace aealbintapentecw wanted aogwnhain over edie wlaeatgase 28 office may be separate from County Judge.................2.+5 oe, 129) salary and how paid...............0.00.c00us piled eek eae 29, 30, 31 may appoint clerks.5+..cc6 ssa neeesadsie sewed ee aewe Pans ns Bietean 31 cause examination of guardians’ accounts..................00005 . 31 special election may be ordered to fill vacancy...............e00 ee 31 who to act in case of vacancy or disability...................0006 32 special Surrogate, when to act........ 0. cece cece eee eee eee 32 special County Judge, when to act......... 0... cece cee eee 32 County Judge, when to act........... cece cece eee eens 32 District Attorney, when to act......... 0.0... cece cece ee eee 32 when Surrogate of adjoining county shall act..................4.. 33 order and certificate designating temporary Surrogate must be MATE. saisconcge sig Midn Heedeat } ola OS ae Bea Reda S ORENE tee Ries eg ERS OG 33, 34 authority of temporary Surrogate suspended, how................ 34 when Board of Supervisors may appoint temporary Surrogate...... 35 compensation of such temporary Surrogate...............-..+--- 35 report to Board of Supervisors........-....-. sees eee eee e eee eee 36 may order Sheriff to provide court-room furniture, fuel and at- tendants if Board of Supervisors fail to do so...............46. 36- books required to be kept... 2... eee eee eee eee eee eee eens 36 fees belong to county........... cece reece eee eee e eee apes ewes 37 See PUBLIC OFFICERS. SURVEY — See Maps AND SURVEYS. Board of Supervisors may cause survey of highways, records, maps, ete, Kept... .. cc cece eee eee eee eee eee eens Mia's eanne 112 may be required by Supervisors........-...sse seer eee e enter eee 397 SWAMPS, BOGS, MEADOWS, ETC.— Arainage Of...... 66. cece eee ee eee een eee een e nen en ees 535. T. TAXES — time for collection by County Treasurer may be extended......... 13 illegal may be refunded by Board of Supervisors..........-..+- 62, 64 shall be levied to pay county charges.......-.++-+--++seeeeeeees 171 - collected by Supervisors, ete.....-...--see eee reer rere eee id dne st 397 dismissal of suits and proceedings, etc......-.....see reece ne eees 398 forest preserves, State lands, when may be taxed for school pur- “ie rc Bea ASSESSMENTS AND ASSESSORS, TAXATION OF CORPORATIONS. TAXATION CHANGED TO MONEY SYSTEM, ETC......... etwas 98) vote thereon........0.:eece eee e ener terete ene tteer nee es diate when to take effect.........-0 cece reer t eet een eee e ees 2 failure to affect change.....---- ++. secret creer tree teres een eeees 4 annual tax under system....-...--+-s+sceeres eres etter tt sree 943 See Money SYSTEM, COMMISSIONERS OF HIGHWAY. 1209 INDEX. ‘TAXATION OF CORPORATIONS — PAGE. place of taxation of property.......... 0. cee cece eee eee 851 taxation of corporate stock........... 0... cece eee eee 852 taxation of bank stock holders’ share...............-..05 0000 eue 854 place of taxing individual bank capital.................-....004. 854 banks to make report.......... 00... 0c ccc ee eee teens 855 bank share, how assessed... 0.0.0... 0c cece cece ee ee eee e teens 856 individual bankers, how assessed.............. 0c ec eee cere eens 860 notice of assessment for banks or banking association..,........... 861 report. of corporation... es iaqss0rc assay ces caw vee Der SAT CaS sa 861 PENAltY TOV GMISSION,. CCE ose din dese ndconriersnn dade DAwodeale + Senaonecae 862 corporations, how assessed... ....... 2.66. c eee eee eee eee 862 penalty. for’ omission; €t¢: g.cvscine gaimige ote eee menotsgogs ae 863 franchise tax on corporation.............. 006.00 c cece eee eee 864 certain corporations exempt from tax on capital stock............. 866 additional franchise tax on transportation corporation............ 866 franchise tax on elevated railroad company....................0. 867 franchise tax on waterworks company......... 00.00.00 cece eee 867 franchise tax on insurance company......... 0... cee eee eee eee 868 franchise tax on trust company......... 6... eee e eee eee eee eee 869 franchise tax on savings bank.............0. eee ee eee vente eens 869 tax on: foreign: bankers. «sj. ceaseas ee ores eww sede 4G AEA caine oe 870 exemptions from other State taxeS........... 2. cece cece eee 870 TAX DISTRICT DEFINED.......... Tea piidle ia saeiniir’ hires ABR Aaa pla aS 754 TAX ON DOGS — See Doc Tax. TAX PAYER — See AssEssoRS, BOARD oF SUPERVISORS. TAX SALES — when land sold for unpaid taxes......... 00.0.0. e ccc cee ences 849 advertisement: and, Sale@is 20.00. sap 200 6nd AEH cia tana man bates Pewee ma 849 conveyance by County Treasurer........ 2.00.0... cece eeee 850 when purchaser may refund......... 00.0... c cece eee eee e neces 851 TAXES FOR SCHOOLS AND SCHOOL PURPOSES AND COLLEC- TION “THEREOR ss siigoy ses tcrie Setrcz and a sins aang aa a aks oacewereonaa 736, 739 See SCHOOLS. | TEACHERS — See ScHoots. Pensions FOR. cs dareine ker mae amass wars ssalacaoeneedcaege sonotndaias aegis 742, 744 TELEGRAPH — THE O15 G dere ee eee hee ews eee eee eee Mewes eaeawems mame shs : 863 See Tax oN CORPORATIONS. ie! TELEPHONES — See TAX OX CORPORATIONS. TEMPORARY SURROGATE — file oath and give: bond....02.60 esc. sade s eee Smee e deve ow eau ns 35 compensation, how paid........... 006.600 eee cee eens 35 TENEMENTS — no rooms or apartments of shall be used for manufacturing cloth- ing. purses, feathers, cigars, etc., except by family living therein.. 493 1210 INDEX, TITLE TO LANDS — PAGE. from date of confirmation of report of Commissioners vests in county | 159 TOLLS — : See Highways anp Brivces, TURNPIKES, PLANK Roaps AND Bripece Corporations. TORT — See Town Aupitors. - not to be audited unless especially authorized by statute......... 434 WOE OATS: TOVESS: UCN: crcydlieel dee maemnnare bbavonaue Godeikewie ans hae SoHE Se 434 TOWNS — limitation as to issue of bonds.............. 20 ccc cece cere eee 61 no tuberculosis hospital in except on consent of Town Board and Board of Supervisors............ 00.02 c ccc cece cee eee 80 new towns may be erected by Board of Supervisors................ 80 first election in, how called, held and conducted................... . 81 disputed lines may be established by Board of Supervisors on appli- cation of Town Board saci: saa s5 wtiesd mete tiediecce neve tiee dea sewuce 81 Of “What, COMPOSED io. iesec eco Sigusle cove oatenacee esd Meenas Ponerminud Cau aeee 215 a municipal corporation............. 0.0 cee eee eee eee 215 POUNMATIES - Of sss sesssie cis sew ease wise wancessrace was ava acm RaRNS Share bie area ecace ga 216 alteration and erection Of.......... 0. cece ec cee een scence ee ee nee 216 first; election. IMs ssaviasns ces en csecgesseens es anen crea TORS wes 217 cemetery or burial ground of................0. 20.02 cece eee 219 Gospel and school lots in............ eee eee eee eee ss sits Corsa hommes 219 to sue and ber Siedbnsics4aacs came jaanitaw died nate ce ancionn D4 4Atite hao 220 COMETAGLS 10 fig ipa tes gp mam. pe rite eg aveeea re REDS a FIM eG ALANA 220 actions: DYss Bod HOW. GONSEIRULE CCS vice pected p cites nena: pea a cngen eau nue aamauioane PeaeO Draneanaabeayeccn aie 426 meeting of Board of Auditors of town...............5-2 00 eee eee 426 See Town AUvpITs. meeting of Board to receive account.........eee cece eee eens 427 to file statement of account with Clerk.............0. 000.0020 ee 427 may appoint temporary Board of Auditors................-..44. 444 may expend surplus moneys......... 60. ee eee e eee e eee eee eee ees 447 may borrow money, Wn ewe 6ne a4 AGL ae Ke KG ke BERR HORRY ESAS 447 employ attorney, etc....... DM ener teen eas 448 may borrow money to pay judgment............... een e eee 452 consent necessary to establish hospital for tuberculosis............ 505 establish water supply district.............. eee ee ee eee eee 511 petition and proceedings thereon aed tah bros oaWoconehvscibsatinitheants edo 511, 514 maps, plans and expense therein.........-.-seeeenee ener ee eres 512 action by Town Board......--....ssseee eee eeeeeees eaeowe uae Aches 512 INDEX TOWN BOARD (Continued). PAGE, commissions and undertakings............... 0 cece eee e eee e eee 513 contracts for constructions, etc...... 0.0.00. cece ee eee 513 ISSUING: DONAS,. CEC jasc occisrsies secaisinso soe Syseaseid os aravanielenq itn uaveriasamaccoaoesiaeue 513 tax. for payment: Of botdSisi.d 21a corias armed mda 4 eees meet Slt assessment: of: Property cn... cise oad aoe ausoswe ds meacwalnwne dinmlog whey 514 may contract for water supply.................0...0000005 say ae 52U may establish sewer districts, etc.............0.. 00000. c eee eee 523 proceedings thereon............-.... 200 eee eee i eubioauaits ia epaedelaieins 523 order establishing districts...........00. 00. cee cece eee 524 See SEWERAGE. may direct as to the relief of poor, etc........-..... 0. cee eee Bug make annual report as to poor to Supervisors................... GUN raise money to support inmates, etc................2000 000.000 OSS vote expense for Decoration day................ cee cece eee eee ee 71a same when two towns joOin.........000 006 eee eee 717 to audit accounts of School Trustees of gospel and school lots...... 728 may purchase stone crusher with Highway Commissioner.......... 900 may also purchase stone, ete......... 2... c cece cece eee ences 926 borrow ‘money for SAMG:cs00s secwne seer eek yawn Saws Sa maes gon N26 raise additional sum by taxation..................00.00. 00000 N28 audit expense for highways and bridges................0..0.0-0005 931 request for special sessions, etc....... pasar tebe Ra ce BEN: eNIpge Reinga ee a 932 duties as to change of grade, damages, etc......... 0.0000 e eee eee 932 accounts, how made out, etc........ 0... ccc eee eens seb al ec’ 934 audit damage without action, defective highway.................. 938 audit by Board, ctc., highways, etc.......... cee cece eee eee 939 audit for arrearages, etc., work on highways..................04. 940 TOWN CHARGES — Board of Supervisors shall regulate and apportion expense of draw- bridges in their county, towns or cities..............0...00000. 107 Board of Supervisors may authorize town to borrow money to pay any debts......... agi ahs acct aes BO eae ete apart seneaviege wus 109 Board of Supervisors may authorize town to borrow money and build OW TEPAIE“DEIAGES «sms bataan oa honmenare © mineane a Onerale’ avinginin AOR 109 Board of Supervisors may impose by tax on property of town suf- ficient to pay indebtedness....5 655000 cc puegeestaey oer seeeninn 110 damage caused by change of grade may be recovered, etc........... lly printing report Highway Commissioner and Board of Supervisors BAS: COS TNS Ss iseiviavecacecavanss dltnd tiscoe suave aeiendcdgs Mahawatstaniy end euaaeeaapnbnsomierauand 123 excess of $10,000 per mile for improvement borne by town......... 120 Commissioners’ fees for widening road town charge................ 131 15 -per cent. for improving public road............ 00.00... s eee eee 152 expense of improved road apportioned between towns.............. 155 for acquiring franchise of turnpike, plank road, ete............... 163 powers of Board of Supervisors as to auditing................... 11 expense incurred by Assessors in defending certiorari proceedings, TOG sess ise chesecteat-svcndaglerndyop ar beaesealbvesg aaies8 gel Soa feltondyS iss deigaads oodles etre Meaevatcd 71 bounties for destruction of weeds and animals, when are.......... 1sv warrant issued by Justice of Peace for assault and battery......... 200 expense of town meeting.........--. 06. cece eee e teen nee 24 voting machines, purchase of.......-.... 0-5. sees e eee cence 255 expense of town meetings in certain counties................. 259, 276 constructing new highway or improving.....................0005. 167 payable on County Engineer’s certificate ........... 00. e cece eee 168 appropriation for shade trees..7....... 00... ccc ec eee eee n tees aa tax levied by order of Board of Supervisors..................04. 286 town charge for free baths, etc............-..-: ese seeeeeeee pore 207 for lighting streets, ete. ......-.. 6... c fect eee ee 369 proceedings and assessment for lighting, etc................+.4. = 2x0) 1214 INDEX. TOWN CHARGES (Continued). / PAGE. to pay for survey by Engineer, etc................ sawed ssaneress 397 employment and expense of attorneys.............0ccecce cence ees 448 town officers, services rendered................ Dieoueituanne Mee meee staat 448 contingent expense necessary for towNS............0.00000e cee eee 448 money authorized to be raised by town meeting ................ 448 sums directed by law to be raised.............0 0000 ces ce ese e cues 449 judgments against towns...........0 00 ccc ceeceecuceeccecececces 449 damages recovered against town or officer.............0...0-.005. 449 ~ cost lawfully extended in action.......0.0.00.. 00.0 cece eee eee ee 449 sums allowed by Highway Commissioner......................... 449 accounts of town officers....... 0.0... ieee ccm ene nce aee 449 cost in action, when and where, etc..............00. cece ce eee eee 450 Treasurer or fiscal officer to pay judgment....................2... 451 Town Clerk’s book for chattel mortgages................0.02.000. 454 jury list for Justices of the Peace...........0..0..c0 eee ee 5 Mae 454 Overseer of Poor account pertaining to habitual drunkards....... 458 fees of Justices of the Peace in criminal cases, when.............. 460 Justice dockets in civil and criminal cases...................000-5 463 construction of sewers contraeted with Board of Health............ 500 establishment of water supply by town....................... 511, 514 obligations of company............. 0.00. cece cece cece e eee ee 519 incorporation by town of water supply company................. 519 fees of Sewer Commissioner...........00... 0c cece cece ce eee eens 527 apportionment of expense of poor.............. 0. cece cece ee eee ee 597 tax, levied, ‘theretore i tice ocaesusiays Somenwidig wsded eaten eke gd daivieus srase arenes 597 cost of committing poor, indigent or insane...................-.05 663 expense in institutions boarding inmates......................... 678 support of inmates in institutions .......................2..... 683 burial lots and maintaining in rural cemeteries................. +. 698 Truant Officers’? compensation........ SE cen igid dleldiwtuoe sibal-dushonts Sun (ertews Aaa 742. truant school expenses..... Esty seh 1 AANA Gi NERS mna iene SNES ren “142 taking sch6o) Census. v.62 65 ce cew ne wai oe eae Caw gee pes eee 742 Town Clerks’ expense in school matters..... its sep ore RAR eLSe sa kl 745 as te increased salaries of School Commissioner........... ...... 746 share in expense of School Commissioner........................ 746 repairing free bridges, etc............... cece eee eee cece eee ee 914 joint liability of towns when............ Lone a Bk Solis hi cattee, 2b onan ss 916 bridges over canals, etc..... ee re 2s depitaee oy 921 liability for damages when weight of wagon less than four ton...... 923 arrearages work on highway..................005- isha wen vee d 949 damage for change grade of street......... fh a hetdiiten De wiiniienmacavecdedis 970 enrollment, lists, expense of making, etc.....................00.. 1028 election and town meeting, expenses thereof, when........... .988, 989 TOWN CLERK — - call meetings of taxpayers when required to vote on appropriation for fire apparatus ............. raastiais Be Gucsiigsiy Re tied Gua Aaaian ceietoes .. 84 to keep record of obligations issued for bridges................... 110 compensation of as to census ween eee eee eens senate re ae OE 238, 239 NOLICE OL sss sie sd escen eee Oe serene 15 ee Cu UIeR Ra wEr HS KeMNEE Came ead § 241 when electors of villages not to vote on highway questions......... 248 when not held at time of general election ballot what to contain.... 249 illegal voting: at, felOMy® oneal aed wie ae Be ea ree WER EE a page dow ties 249 no liquor to be sold within one-quarter mile.................... 249 town clerk to provide ballots for ............. 0 ccc eee eee cee ee 249 expense: town Charge’ .